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HomeMy WebLinkAboutNC0073741_Regional Office Physical File Scan Up To 12/2/2020: Ro;Y.1✓OOPER; --- rCnv�rRat. MICHAEL S. RIEGAN Sermtary WtterResoorces S. JAY ZIMMERMAN EtVVIF€6iihif=P17AL��10,L1:ITY - D1PCC40F April 20, 2017 I DiV'S'O Watt! Mr. Aubrey L Deaver I APR 2 5 2017 In A&D Water Service c 117 Kira Ln Water �Regliootnall Hendersonville, NC 28739-1407Lperations AsOnce Subject: Payment Acknowledgement Mountain Valley WWTP Permit NCO073741 Case No. LV-201.7-0105 County Henderson Dear Mr. Deaver: This letter is to acknowledge receipt of payment in the amount of $216.62 received from you on 04/19/2017. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future. action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6397. Sincerely, Wren Thedford cc: Central Files NPDES A shi�lWRregialffice State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Certified Mail # 7015 1520 0003 5463 2725 Return Receipt Requested February 6, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0093 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: Kreview.of the.August 2016 Discharge. Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 8/18/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Your facility was required to begin reporting'your Discharge Monitoring Reports electronically by December 21, . 2016, using the EDMR system: . It is noted that as of today this facility has not been registered for EDMR. Please call Janet Cantwell at this office for information on .registering your facility for EDMR. . State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville 'Rdgion6l Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 4&-c- r' Q-S he AMA g[ox%[ Off cep , n .arc-ement,Fi:le NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\NOV-2017-LV-0093.rtf 1 >i��rt�rl�esv�r°c�s - �FiURACl�NExE'fAL'�tiy%SL69`ht . Certified Mail # 7012 1010 0002 1965 6263 Return Receipt Requested June 13, 2016 Aubrey L Deaver A&D Water Service Inc 117 Kira Ln Hendersonville, NC 28739-1407 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0327 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: ' ,.;�rs�rrrffP �NALT$ �Ai `1?ER VAA3i. �liFet�aF A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Solids, Total Suspended - 2/23/2016 45 48 Daily Maximum Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 2/29/2016 30 31.5 Monthly Average Exceeded Concentration (CO530) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 `(�j 828-296-4500 --- -- -.. .. "- T.,. ff If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: INQS Asheuille_RegionaL:OfFce=Enfor_cem�enn FHe� NPDES Compliance/Enforcement Unit - Enforcement File Tom Kilpatrick/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\NOV-2016-LV-0327.rtf y : riff January 14, 2016 Aubrey L Deaver A&D Water Service Inc 117 Kira Ln Hendersonville, NC 28739-1407 4 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LM-0006 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: A review of the September 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 9/1/2015 45 70 Daily Maximum Exceeded Concentration (C0310.) Monitorina Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Flow, in conduit or thru treatment 9/30/2015 Continuous Frequency Violation plant (50050) 5 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 E:] 00 Remedial actions, if not -already implemented, should be taken to correct any noted problems. The Division may y of Water Resources ma pursue enforcement actions for this and an additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: �WQSE—KsheVille=Regional;Qffic ,. — - f rcement.,FilQ- NPDES Compliance/Enforcement Unit - Enforcement File Tom Kilpatrick/ ORC G:1WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\NOV-2016-LM-0006.rtf North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 13, 2015 Mr. Aubrey L. Deaver A & D Water Service, Inc. P.O Box 1407 Pisgah Forest, NC 28768 Subject: Issuance ofNPDES Permit NCO073 741 Mountain Valley WWTP Henderson County Class WW-2 Dear Mr. Deaver: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended), This final permit includes no significant changes from the draft permit sent to you on August 12, 2015: If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not _affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. I u have any questions concerning this permit, please contact-Sonia.Gre �y—at_te ephone number (919) 807-RECEIVED EIVED 9 CEIVED Division of Water Resources Division of Water Resources NOV � 5 2015 NOV 2 4 2015 11 1617 MaiLSerrvic&Cvw/-&r, Raleigf-, N04HI o� .' / ' a}BZ'�1�T7�5�12 N As evilie e io IQfiice Ra.l,eigh., ' 27�D4 v .—t Plti&- - q1q 807-6300 / FAX q1q 807-648q / kffr,-,Ilpot tat pvztp�.o-rg/web-/wq, A-Equa.1, Aa-Eai-E jetr - SO% R"ctX,&/10% Poyf-Co-v�Pa. f-r Sincerely, S. Jay Zimmerman, P. <irector Division of Water Resources cc: Central Fi es Asheualle R.egio�na 1~� Qe NPDES Unit Permit NC0073741 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) fil 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, A. & D Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at the Mountain Valley Subdivision WWTP NCSR 1171 Etowah Henderson County to receiving waters designated as the French Broad River in the French Broad River Basin, in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2015. This permit and authorization to discharge shall expire at midnight on November 30, 2020. Signed this day October 13, 2015. S�Zimmerman, P.G., Directors ` Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0073741 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. A & D Water Services, Inc. is hereby authorized to: 1. continue to operate an existing 0.024 MGD extended -aeration wastewater treatment plant (WWTP) to treat 100 % domestic wastes, consisting of: • aeration basin • clarifier • sludge holding basin • chlorine -contact chamber with tablet chlorination • dechlorinator (tablet) • effluent flow meter • sludge -holding basin located east of Etowah at Mountain Valley Subdivision, off NCSR 1171, iri Henderson County, and 2. after applying for and receiving an Authorization to Construct permit from the Division of Water Quality's Construction Grants and Loans (CG&L), construct additional facilities to increase plant capacity up to 0.040 MGD, and after submitting to the Division an Engineer's Certification Form, 3. discharge from said treatment works, at the location specified on the attached map, into the French Broad River [stream segment 6-(47.5)], a waterbody currently classified WS-IV, B within subbasin 04-03-02 of the French Broad River Basin. Page 2 of 6 Permit NCO073741 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration or expansion above 0.024 MGD, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT LIMITS MQNITQRING' REQUIREMENTS MonthlyDail y Measurem ent Sample Sample CHARACTERISTICS [Parameter Codes] Average Maximum Frequency _ Type _ _ _ Location Flow [50050 0.020 MGD Continuous Recording Influent or Effluent day (20°C) [C0310] 30.0 mg/L 45.0 mg/L Weekly Composite Effluent pH Not < 6.0 nor > 9.0 standard 00400] units Weekly y Grab Effluent Fecal (geometric mean) [31616�oliform 200/100 ml 4001100 ml Weekly Grab Effluent Temperature (°C) Weekly y Grab Effluent Total Solids [C05 0]spended 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Residual Chlorine [50060] 28 pg/L 2 2/Week Grab Effluent NH3 as N [C0610] 2/Month Composite Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. The Permittee shall discharge no floating solids or foam visible in other than trace amounts Page 3 of 6 Permit NC0073741 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.024 MGD and lasting until expiration, the Permittee is authorized to discharge fiom Outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: LIMITS MONITORING EFFLUENT -REQUIREMENTS___ CHARACTERISTICS [Parameter Codes] Monthly Daily Measurem ent Sample Sample Average Maximum Freyuericy Type Location Flow [50050] 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) [C0310] 30.0 mg/L 45.0 mg/L Weekly Composite Effluent pH [00400] Not < 6.0 nor > 9.0 standard units Weekly Grab Effluent Fecal Coliform (geometric mean) [31616] 200/100 ml 400/100 ml Weekly Grab Effluent Temperature (°C) [00010] Weekly Grab Effluent Total Suspended Solids [C0530] 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Residual Chlorine 2 28 1 2/Week Grab Effluent [50060] µg/L NH3 as N [C0610] 2/Month Composite P Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. The Permittee shall discharge no floating solids or foam visible in other than trace amounts Page 4 of 6 Permit NC0073741 A (3.) ENGINEERING ALTERNATIVES ANALYSIS (EAA) [15A NCAC 02H .0105] Prior to constructing additional facilities, the Permittee shall submit a letter justifying the need for additional flow. The Permittee shall also prepare an Engineering Alternatives Analysis (EAA) to evaluate surface discharge alternatives, in compliance with the Division's guidance document for EAA's, to include the feasibility of a non -discharge system on adjacent property. A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify, that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)1 Beginning no later than 270 days from the effective date of this permit, the permiee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR- 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months Page 5 of 6 Permit NC0073741 and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://poi-tal.ncdeiir.org/web/wq/admin[bog/­ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://poi-tal.nedenr.org/web/wq/admin/bog/ipu/edm Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on nay 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 imprisonmentfor knowing violations. " 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 [/ 41 61 Horse 8h�aa—aen-d-,_ _— / �-•-_ .. US Hwy64 I�� U 126 1 8 �. �, � � ~mil ' • %�y � �.� •j l 3 \ • 11 «•, y A�7 French Broad River res ' ®•p/rJ 1205 A & D Water Service, Inc, Mountain Valley Subdivision WWTP State Grid / USGS Ouad: F 8 SE / Horse Shoe, NC Stream Class: WS-IV, B Latitude: 35' 18' 55" N Longitude: 82' 34' 43" W Receiving Stream: French Broad River[sgmt 6-(47.5)]; Sub -Basin: 04-03-02 Drainage Basin: French Broad River Basin HUC: 06010105 Approximate Subdivision Boundary Outfall 001 (flows north) Facility r,177-7 Location (not to scale) NorthNPDES Permit NCO073741 Henderson County NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal colifor -4 the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facilijy Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority_ The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe propelly damage; Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditiong Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part 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- 21.5.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will 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 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certifi� 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 orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Tennination The issuance of this pen -nit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitorin2 and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9of18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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]. Version 1110912011.1 NPDES Permit Standard Conditions^ Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions' Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions' Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part I1 of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] TntPrfen-mr,P Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3 (v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions` Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.91 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC. 02'H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-2.15.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment, and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HW A and the limits fro in all IUDs. Permitted ]UP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916; and .0917; 40 CFR 403.5, 403.8(f)(1)(iii) NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct; permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC„ the proposed pretreatment facility and treatment ,process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0-905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring tonn. of their Ws, The Permittee shall' conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect. all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under '15A NCAC .0908(e); and c. At least once per year; document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. IU Self Monitoringand Reporting. The. Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting, requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit,, or in 15A NCAC 02H .0908. [15:A NCAC 021-1.0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 3.07(b) and (c) of the CWA (40 CFR 405 et. seq.),, prohibitive discharge standards as set forth in 40 CFR 403:.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement, actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905 40 CFR 403_9(f)(5)] 10., Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 1.5A NCAC 02H .0908'. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing, its pretreatment activities over the previous calendar year, to the Division at the following, address: Version 1110912011.1 NPDES Permit Standard Conditions' r Page 18 of 18 NC' DENR P Division of Water Resources 1 Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall containthe following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements;; b. Pretreatment Program ,Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment, requirements, and the natureof the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF,) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit 11.:Public Notice The:Permittee shall publish annually a list of Industrial Users (lUs) that were in significant, noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements' and: standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12..Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results; along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H :0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)]' 13. Pretreatment Program Resources The Permiittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC ,02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including'but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403. IS, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1'110912011.1 Price, Bev From: Gregory, Sonia Sent: Wednesday, September 02, 2015 4:33 PM To: Price, Bev Subject: Re: Permit Renewal NC0073741 Mountain Valley WWTP Bev, Thanks. Sonia Gregory Compliance and Expedited Unit, Environmental Specialist Mailing Address: 1617 Mail Service Center, Raleigh, NC 27699-1617 Phone: (919) 807-6333 sonia.gregory(a-),ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Price, Bev Sent: Wednesday, September 2, 2015 3:28 PM To: Gregory, Sonia Cc: Heim, Tim Subject: Permit Renewal NC0073741 Mountain Valley WWTP Sonia, I did not see any significant compliance issues with this permit. I did notice that you made a note about compliance concerns on the Fact Sheet. The last compliance inspection was done in April 2013, the facility was compliant. The Sludge holding basin is listed twice under the permit component description. This permit may be renewed. Call me if you have any questions. Thanks, Bev Bev Price - Bev.Price@ncdenr.gov DENR - Division of Water Resources Water Quality Regional Operations Section Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Price, Bev From: Price, Bev Sent: Wednesday, September 02, 2015 3:29 PM To: Gregory, Sonia Cc: Heim, Tim Subject: Permit Renewal NC0073741 Mountain Valley WWTP Sonia, I did not see any significant compliance issues with this permit. I did notice that you made a note about compliance concerns on the Fact Sheet. The last compliance inspection was done in April 2013, the facility was compliant. The Sludge holding basin is listed twice underthe permit component description. This permit may be renewed. Call me if you have any questions. Thanks, Bev Bev Price - Bev.Price@ncdenr.gov DENR - Division of Water Resources Water Quality Regional Operations Section Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 4--4 FACT SHr r T FOR &PEDITED PERMI -t AENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Sonia Gregory 8/7/2015 Permit Number NCO073741 Facility Name Mountain Valley WWTP Basin Name/Sub-basin number 04-03-02 Receiving Stream French Broad River 6-(47.5) Stream Classification in Permit WS-IV, B Does permit need Daily Max NH3 limits? Yes Does permit need TRC limits/language? No — already present Does permit have toxicity testing? No Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired (on 303(d) list)? For whatparameter? No Any obvious compliance concerns? Yes. See attached. Any permit modifications since lastpermit? None. New expiration date 12/31/2020 Comments on Draft Permit ➢ Added eDMR requirements ➢ Added citations Most Commonly Used Expedited Language: • 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required". • TRC language for Compliance Level for Cover Letters/Effluent Sheet Footnote: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values < 50 µg/L will be treated as zero for compliance purposes." This page has been printed on scrap paper to save money and reduce our program's environmental impact. Disregard any content on the back of this page. Permit NC0050075 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. Veolia Water North America is hereby authorized to: 1. continue to operate an existing 0.024 MGD extended -aeration wastewater treatment plant (WWTP) to treat 100 % domestic wastes, consisting of: • aeration basin • clarifier '✓ • sludge holding basin &­' • chlorine -contact chamber with tablet chlorination • dechlorinator (tablet) ✓ • effluent flow meter p, • sludge -holding basin located east of Etowah at Mountain Valley Subdivision, off NCSR 1171, in Henderson County, and 2. after applying for and receiving an Authorization to Construct permit from the Division of Water Quality's Construction Grants and Loans (CG&L), construct additional facilities to increase plant capacity up to 0.040 MGD, and after submitting to the Division an Engineer's Certification Form, 3. discharge from said treatment works, at the location specified on the attached map, into the French Broad River [stream segment 6-(47.5)], a waterbody currently classified WS-IV, B within subbasin 04-03-02 of the French Broad River Basin. Page 2 of 7 Permit NCO050075 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, A & D Water Service, Inc. is hereby authorized to discharge wastewater from a facility located at the Mountain Valley Subdivision WWTP NCSR 1171 Etowah Henderson County to receiving waters designated as the French Broad River 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 )2015. This permit and authorization to discharge shall expire at midnight on November 30, 2020. Signed this day , 2015. S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0050075 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration or expansion above 0.024 MGD, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT . ` : ° LIMITS°, __ ,. MONITORING REQUIREMENTS Monthly „_ Daily ,r Measurement . Sample"? Sample d ` CHARACTERISTIdS `[Parameter Codes]' =° ;overage ° ° Maxlmum ` ` Frequency � Type ° ' Location Flow 50050 0.020 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent pH 00400 Not < 6.0 nor > 9.0 standard units Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 Total Residual Chlorine 28 pg/L 2 21Week Grab Effluent 50060 NH3as N [C0610] 2/1VIonth Composite Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. The Permittee shall discharge no floating solids or foam visible in other than trace amounts Page 3 of 7 Permit NC0050075 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.024 MGD and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored 1 by the Permittee as specified below: EFFLUENT LIMITS' MONITORING REQUIREMENTS Monthly Daily Measurement Sample . Sample m CHARACTERISTICS ,, , . [[Parameter Codes) Average Maximum Frequency Type. Location Flow [50050] 0.040 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [C0310] pH [00400] Not < 6.0 nor > 9.0 standard units Weekly Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent [316161 Temperature (°C) Weekly Grab Effluent [00010] Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [CO530] Total Residual Chlorine 28 µg/L, 1 2/Week Grab Effluent [50060] NH3 as N 2/Month Composite Effluent [C0610] Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. The Permittee shall discharge no floating solids or foam visible in other than trace amounts Page 4 of 7 Permit NCO050075 A (3.) ENGINEERING ALTERNATIVES ANALYSIS (EAA) [15A NCAC 02H .0105] Prior to constructing additional facilities, the Permittee shall submit a letter justifying the need for additional flow. The Permittee shall also prepare an Engineering Alternatives Analysis (EAA) to evaluate surface discharge alternatives, in compliance with the Division's guidance document for EAA's, to include the feasibility of a non -discharge system on adjacent property. A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months Page 5 of 7 Permit NC0050075 and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal. nedenr.ora/web/wq/admin/boglipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Sianatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part H, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal . ncdenr. orglweb/wq/admin/bog/i pu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained fora period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 7 NC®ENR. North Carolina Department of Environment and -Natural Resources Pat McCrory Governor Donald R. van der Vaart April 20, 2015 Mr. Aubrey L. Deaver A&D Water Service Inc. P.O. Box 1407 Pisgah Forest, North Carolina 28768-1407 Subject: NOTICE OF DEFICIENCY NOD-2016-MV-0062 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Mr. Deaver: Secretary A review of Mountain Valley WWTP's monitoring report for November 2014 showed the following violations: Parameter Date Measuring Frequency Violation Flow 11/29/2014 Continuous Failure to Monitor Flow 11/30/2014 Continuous Failure to Monitor It was also noted that the .Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a.copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. cJ, W 4 AsheviIR Pile MSC 1617-Central Files -Basement Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office G:\WRIWQ1Henderson\)tVastewaterlMinorstMountain Valley 737,11 NOD-2015-MV-0062.doc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer i� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E, Skvarla, III Governor Director Secretary May 7, 2013 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 SUBJECT: Compliance Evaluation Inspection Mountain Valley WWTP Permit No: NCO073741 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on April 12, 2013. The facility was found to be in compliance with permit NC0073741. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Babbette McKemie, NCUC Public Staff Central Files self I� es S:\SWP\Henderson\Wastewater\Minors\Mountain Valley 73741\CE1.4-12-13.doc SURFACE WATER PROTECTION - ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001FAX: 828 299-7043 � �����,��L/ Internet: www.ncwaterguailty.org United States Environmental Protection Agency Form Approved. A Washington, D.C. 20460 EPA f /-� OMB No. 2040-0057 Water Complinnre Insppnfinn Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15I 31 NC0073741 111 121 13/04/12 117 18ICI 19I S I 20I I Remarks 21IIIIIIIIIIIIIIIIIIII,IIII IIII IIIIIIIIIIII IIII 11161 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA-------- -----Reserved--------- -- 671 1.0 169 70131 711 I 721 NJ 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) Mountain Valley WWTP 11:10 AM 13/04/12 11/07/01 Exit Time/Date Permit Expiration Date NCSR 1171 Etowah NC 28729 11:40 AM 13/04/12 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters . Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ VGL--21 4,12 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 3 NC0073741 111 12I 13/04/12 117 18I CI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility information Wastewater Treatment Plant (WWTP): 0.020 MGD Purestream® extended aeration WWTP (0.040 after A to C issued 9-14-1990 for dual 0.02 MGD plants) consisting of: (no bar screen); 19,700 gallon aeration basin with dual blowers providing diffused air; 84 sq ft rectangular clarifier with a 7.5 ft weir at each end and skimmer & sludge returns; 5000 gallon aerobic digestor with continuous overflow back into the aeration basin; tablet chlorinator; 440 gal baffled chlorine contact chamber; tablet dechlorinator; V-notch weir with continuous flow measurement; ISCO 4210 ultrasonic flow meter; Teledyne ISCO 4700 refrigerated flow proportional composite sampler; and discharge outfall line (— 50 ft behind the WWTP). A to C: Issued 9-14-1990 Annual average flow: 0.007 MGD for 2007-2010 (3 year average). Annual Report: SPAR is not required; < 200,000 gpd Development: Consists of 64 residential homes (100% domestic). In 1993, some of the homes had their own septic systems and were not tributary to the WWTP. Collection System: WQCSD0283 WQ0000399 sewer extension was issued 7-8=1994 for 1349 linear ft of 8-inch pvc gravity lines for 6850 gpd. The upper section consists of approximately 1359 feet of 8-inch pvc gravity lines with pre -cast manholes. There is one lift station located in the upper portion of the subdivision. The wastewater lift station is located adjacent to the City of Hendersonville's water pumping station and is tied into their emergency generator. Wastewater is collected at the lift station and pumped thru a 3-inch force main to the WWTP. The lower section of the collection system consists of approximately 1100 feet of 3-inch Page # 2 Permit: NCO073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 04/12/2013 Inspection Type: Compliance Evaluation A new storage building was installed. The main line collection system lines were located and marked. The effluent outfall line right-of-way was cleared of trees and brush. DWQ approves of these improvements. Operations and Maintenance / Effluent / Summary: The flow meter was last calibrated on 7-16-12. Mr. Tom Kilpatrick, ORC contractor, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. System Performance Annual Report (SPAR) The 2011 System Performance Annual Report was received by the Division on 2-23-12. Due to recent changes in .the statutes, this facility will no longer be required to submit the SPAR. Page # 4 permit: NCO073741 Inspection Date: 04/12/2013 Owner -Facility: Mountain Valley WWTP Inspection Type: Compliance Evaluation pressure sewer with no manholes. Gravity taps for 6 homes have been allowed on the force main section. Some have installed back flow valves. Sludge Management: Commercial hauler to the City of Hendersonville's WWTP. WWTP location: Cummings Road (NCSR 1171), east of Etowah Responsible official: Tom Kilpatrick Responsible "'s title: Manager and ORC Mailing address: PO Box 679; Etowah, NC 28729 Phone numbers: 828-890-4810 Tom Kilpatrick & Associates 828-890-4810 " -fax (email: twkk@morrisbb.net) 828-243-1784 " - cell Operator information Certified ORC & grade: Tom Kilpatrick — Grade IV WW Back-up ORC & grade: Vincent Edwards — Grade IV WW 2013 Improvements: The NC Utilities Commission, Public Staff, held a hearing for May 1, 2013 and notified customers regarding a request to transfer this system from Culligan Operating Services, Inc. to A&D Water Service, Inc. and WASCO, LLC c/o Veolia Water North America. A (70%) rate increase from $35.20 to $59.75 per month is proposed for residential customers, if approved by the Commission. Babbette McKemie (919-733-0889) is the contact. (email: Babbette.mckemie@psncuc.nc.gov) @ 4326 Mail Service Center; Raleigh, NC 27699-4326 Babbette McKemie visited the site in April 2013 after the following improvements were made. The WWTP and related equipment were sand -blasted and repainted. The safety grating was replaced / repaired and painted. New coarse bubble diffusers and headers were ordered. Electrical code violations (GFCI) were corrected. A new ISCO 4700 refrigerated, flow proportional effluent sampler and platform were installed. The entrance road was paved. Page # 3 Permit: NCO073741 Owner -Facility: Mountain Valley WWTP Inspection Date: 04/12/2013 Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Yes No NA NE 00IN11 gonnn n®nn RN p Q El Is the inspector granted access to all areas for inspection? ® ❑ fl Comment: Operations & Maintenance Yes No NA NE 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 Im ❑ Q ❑ Judge, and other that are applicable? Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Ext. Air Diffused ®nnn nn®n Nnnn INnnn IN ❑0El ONnnn Nnnn Yes No NA NE Rnnn nn®n ®nnn ®nnn ®nnn Nnnn 0 0 0 0 Page # 5 Permit: NC0073741 Inspection Date: 04/12/2013 Owner -Facility: Mountain Valley WWTP Inspection Type: Compliance Evaluation Secondary Clarifier Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Yes No NA NE Yes No NA NE Page # 6 Project Improvements, Maintenance and Repairs DONE fSEC..HE N.D. O�.SEWE2S1HUNIT1k8:-IEN €i WWTP and equipment needs painting; Y Relocate blowers above flood stage with new housings & control panel; Y Safety grating needs replacement/repaired/painted as needed; Y Diffusers & headers need to be replaced; Y Repair misc. electrical code violations; Y Eliminate a trip hazard at base of plant (unit tie downs). Y New flow meter & platform for sampler; Y Entrance road needs a new gate and the road needs repair and gravel; Y Install a storage building for chemical storage; Y Locate, uncover and mark main line valves and air relief valves; Y Cut trees & brush over effluent line to creek; check outfall and flapper, if installed; Y ........ C+t111JTatl 1Aj Ll*Y,5kl3510lfiIND1G�N3UNT _. WWTP and equipment needs painting; Y Safety grating needs replacement/repaired/painted as needed; Y Diffusers & headers need to be replaced; Y Repair misc. electrical code violations; Y Unit needs a new refrigerated, flow proportional sampler; Y Entrance road needs final paving; Y Install a storage building for chemical storage; Y Locate, uncover and mark manholes; Y Cut trees & brush over effluent line to creek; Y BU 1=ALb M Ai3 W �IJE3bIV[S1Q I ASHE C Uf 7Y WATf I YS71 M ..... <: Well house needs siding, insulation, roofing, door, interior paint, lighting; Y The lead and copper corrosion control system (approved and ATC now in hand) needs to be installed; Y A check valve needs to be installed at the well head; Minor electrical repair; Y Water meters are required and are to be installed (approx. 61 required); Y The water tank needs external and internal inspection, sanded, painted and repaired as required. Y Fence repair Y Three valve boxes need replacement; Y The system needs mapping; Y BUFI*, LO MEADOWS SUBI iV18JL7 .... ASHE ca i Tyr S W> .... . M WWTP SYSTEM - will require an engineering review; Y System flow scheme has been altered from original design parameters; WWTP possible needs - subject to engineering review; Unit needs a flow meter; Y Diffusers need to be replaced; headers to be rebuilt; Y Chlorine and dechlor systems need improvements; Y Repair existing fence as needed; install eight (8) foot drive thru gate to allow service truck access; Y Install a storage building for chemical & parts storage; Y COLLECTION SYSTEM Locate all manholes; some are paved over; raise manholes as needed; Y Jet Vac cleaning; Y TV the system; Y Make repairs as needed; Y Map the system as required by NCDENR regs; Y SK`f1%lEW BARK SEfBD111SlOitASTC7{V G4U[VllI1/aTE€ SYSTEM Y Connect to City water - become a 'Purchase' system Y Install new lines and meters inside the subdivision Y Abandon the well(s) Y :.., KIfZK a. i�i::SUt VVI.S.fC►i .. U 1G+ M R-,. CY } Y Connect to City water - become a 'Purchase' system Y Install new meters Y Abandon the well RC7LL;INGACREUBDIUlSCQ BL�E�ICC7MBE GOCiN1' WATER SYSTEN{. ........... Y Connect to City water - become a 'Purchase' system Y Install new lines and meters inside the subdivision Y Abandon the well(s) STATE OF NORTH CAROLINA FEB 2 0 UTILITIES COMMISSION RALEIGH nwQ/sneKce� DOCKET NO. W-1049, SUB 16 Ashevit►eRe 'onaloffice DOCKET NO. W-1081, SUB 2 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by A&D Water Service, Inc., Post Office ) ORDER Box 1407, Pisgah Forest, North Carolina 28768, and ) SCHEDULING WASCO, LLC, c/o Veolia Water North America — South, ) HEARING AND 14055 Riveredge Drive,,Suite 240, Tampa, Florida ) REQUIRING . 33637, for Authority to Transfer the Former Culligan ) CUSTOMER Operating Services, Inc., Water and Sewer Systems and ) NOTICE Franchises in North Carolina, and for Approval of Rates ) BY THE COMMISSION: On July 18, 2012, A&D Water Service, Inc. (A&D), and WASCO, LLC (WASCO), (collectively, the Applicants) filed an application with the Commission, seeking authority to , transfer from . WASCO to A&D the systems and franchises to provide water and sewer utility service in Buffalo Meadows Subdivision in Ashe County, water utility service in Kirk Glen Subdivision and Rolling Acres Subdivision in Buncombe County, water utility servic Sk view Park Subdivision in Gaston Count and se it service in i e,r' n=abdivision and �Ze _�_iwhich were all formerly operated by Culligan Orating Services, Inc. Concurrent with approval of the transfer; A&D seeks authonty'to increase rates. WASCO currently serves approximately 317 customers in these systems. WASCO, an affiliate of Veolia Water North America —.South and Culligan, was conveyed all the systems in 2008 without Commission approval. According to the cover letter filed with the application, WASCO has committed to make substantial improvements to each system in contemplation of transferring all the systems to A&D. The present rates Were approved by the Commission for Hydrologic, Inc. (HydroLogic), prior to Culligan's July 1997 acquisition of the systems from HydroLogic in Docket No. W-1081, Sub 0. Based upon the foregoing, the Commission is of the opinion that the .matter should be scheduled for hearing and customers notified. (34 MR ILL �S, HEREFQRE, ORDERED as follows: *4M 4, @ W0g rpplication is scheduled for an evidentiary hearing.as follows: .9Cp)tii ste35fl3Qj9 *TIN9OM only: F2ale-"ig'h At 10:00-a.m. on Thursday, May 30, 2013, in Commission Hearing Room 2115, Dobbs Building, 430 N. Salisbury Street 2. That the following hearings are scheduled for public witness testimony Gastonia: At 7:00 p.m. on Tuesday, April 30, 2013, in Gaston County Courthouse, Courtroom 4D, 325 N. Marietta Street Hendersonville: At 7:00 p.m. on Wednesday, May 1, 2013, in Henderson County Courthouse, Courtroom #2, 200 N. Grove Street Jefferson: At 7:00 p.m. on Tuesday, May 7, 2013, in Ashe County Courthouse, 150 Government Circle 3. That the hearings scheduled for April 30, May 1, and May 7, 2013, shall be for the purpose of receiving public witness testimony only. The hearing scheduled for May 30, 2013, shall be for the purpose of receiving expert testimony of the Applicants, the Public Staff, and any other parties of record. Customers or other public witnesses who ,are -unable to attend the April 30, May 1, and May 7, 2013, hearings may also be heard `at ttie May 30, 2013, hearing. The hearings may be canceled if no significant protests are received subsequent to public notice. 4. That an officer or representative of the Applicants is required to appear in person before the Commission at the time and place of the hearing"to testify concerning any of the information contained in the application. If the Applicants desire ,to cross- examine any witnesses at the hearing, the Applicants shall be represented by legal counsel at this hearing. 5. That the Applicants are required to file a custome addressing all customer service and/or service quality complaints hearings held on April 30, May 1, May 7, and May 30, 2013, within customer hearing wherein the complaint(s) was/were expressed. r response report expressed at the 7 days after. each 2 0 6. That the Notice to Customers, attached as Appendix A, shall be mailed with sufficient postage or hand delivered by the Applicants to all customers no later than 10 days after the date of this Order; and that the Applicants shall submit to the Commission the attached Certificate of Service, properly signed and notarized not later than 20 days after the date of this Order. rb021813.02 ISSUED BY ORDER OF THE COMMISSION. This the t:b day of , 2013. NORTH CAROLINA UTILITIES COMMISSION L t TO Gail L. Mount, Chief Clerk r Commissioner William T. Culpepper, III, did not participate. 3 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH APPENDIX A PAGE 1 OF 6 NOTICE TO CUSTOMERS DOCKET NO. W-1049, SUB 16 DOCKET NO. W-1081, SUB 2 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION Notice is given that on July 18, 2012, A&D Water Service, Inc. (A&D), Post Office Box 1407, Pisgah Forest, North Carolina 28768, and WASCO, L" LC (WASCO), c/o Veolia Water North America — South, 14055 Riveredge Drive, Suite 240, Tampa, Florida 33637, filed an application with the Commission, seeking authority to transfer from WASCO to A&D the systems and franchises to provide water and sewer utility service in Buffalo Meadows Subdivision in Ashe County, water utility service in Kirk Glen Subdivision and Rolling Acres Subdivision in Buncombe County, water utility service in Skyview Park Subdivision in Gaston County, and sewer utility service in Hunter's Glen Subdivision and Mountain Valley Subdivision in Henderson County, which were all formerly operated by Culligan Operating Services, Inc. (Culligan). Concurrent with approval of the transfer, A&D seeks authority to increase rates. PRESENT RATES, PROPOSED RATES, AND EFFECT OF RATES System Present Proposed Buffalo Meadows —Water $13.80/mo. Base charge $15.50/mo. Ashe County flat rate Commodity $5.90/1,000 gallons Average Monthly Consumption = 4,200 gallons Average monthly bill proposed rates $ 40.28 Average monthly bill present rate = 13.80 Increase $ 26.48 = 192% APPENDIXA PAGE 2OF6 System Present Proposed Buffalo Meadows — $24.16/mo. flat Base.charge Wastewater rate $28.75/mo. Ashe County Commodity $8.35/1,000 gallons Average Monthly Consumption =. 4,200 gallons -Average -monthly bill proposed rates, _ $ 63.8Z Average monthly bill present rate 24.16 Increase $ 39.66 =.164% Buffalo Meadows Water and Wastewater Combined proposed rates Combined present rates , Increase System Present Kirk Glen — Water only. Base charge Buncombe County $12.50/mo. Water to be purchased from Commodity Weaverville $3.29/1,000 gallons Average Monthly Consumption = 4,410 gallons Average monthly bill proposed rates Average monthly bill present rates Increase $104.10 37.96 $ 66.14 = 174% Proposed Base charge $30.00/mo. Commodity $17.70/1,000 gallons $108.06 27:01 $ 81.05 = 300% System Rollinq Acres — Water only Buncombe County Water to be purchased from Weaverville Present $20.00/mo. flat rate Average Monthly Consumption = 3,990 gallons Average monthly bill'proposed rates Average monthly bill present rate Increase System - Present Skyview Park — Water Base charge MI $9.97/mo. Gaston County Commodity Water to be purchased $3.50/1,000 from Gastonia gallons Average Monthly Consumption = 3,890 gallons Average monthly bill proposed rates Average monthly bill present rates Increase System Henderson Countv Residential Commercial Present $41.75/mo. flat rate $7.94/1,000 gallons ($49.00/mo. minimum) Increase APPENDIXA PAGE 3OF6 Proposed Base charge $30.00/mo. Commodity $18.90/1,000 gallons $105.47 = 20.00 $ 85.47 = 427% Proposed Base charge $18.50/mo. Commodity $7.00/1,000 gallons $ 45.83 = 23.59 $ 22.24 = 94% Proposed $85.00/mo. flat rate Base Charge $41.75/mo. Commodity $15.20/1,000 gallons $ 43.25 = 104% ��b stern,-. 61 aa�ns[i lei �asat r l fri"ersoCounty �- Present $35.20/mo. flat rate Increase APPENDIX A PAGE 4OF6 Proposed $59.75/mo. flat rate $ 24.55 = 70% The present rates were approved by the Commission for Hydrologic, Inc. (HydroL ogic), prior to Culligan's July 1997 acquisition of the systems from HydroLogic in Docket No. W-1081, Sub 0. PROCEDURE FOR PUBLIC HEARING The Commission has scheduled the application for an evidentiary hearing as follows: Raleigh, North Carolina: At 10:00 a.m., on Thursday, May 30, 2013, in Commission Hearing Room 2115, Dobbs Building, 430 N. Salisbury Street The following hearings are scheduled for public witness testimony only: Gastonia: At 7:00 p.m., on Tuesday, April 30, 2013, in Gaston County Courthouse, Courtroom 4D, 325 N. Marietta Street Hendersonville: At 7:00 p.m., on Wednesday, May 1, 2013, in Henderson County Courthouse, Courtroom #2, 200 N. Grove Street Jefferson: At 7:00 p.m., on Tuesday, May 7, 2013,..in Ashe County Courthouse, 150 Government Circle The hearings scheduled for April 30, May 1, and May 7, 2013, shall be for the purpose of receiving public witness testimony only. The hearing scheduled for May 30, 2013, shall be for the purpose of receiving expert testimony of the Applicants, the Public Staff, and any other- parties of record. Customers or other public witnesses who are unable to attend the April 30, May 1, and May 7, 2013, hearings may also be heard at the May 30, 2013, hearing. The hearings maV be canceled and the 'matter decided on the filings if no significant protests are received within 30 days of the date of this notice. APPENDIXA PAGE 5OF6 Pursuant to G.S. 14-269.4, absent certain specific exceptions, it is unlawful for any person to possess, or carry, whether openly or concealed,' any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes; in any building housing any court of the General Court of Justice. Therefore, , weapons are strictly prohibited at the hearings scheduled in this docket in county courthouses. Everyone entering the county courthouses shall have to pass through a metal detector, and any weapons found will be seized. Correspondence concerning the proposed rate increase, service problems, or the public hearings should be directed to the Public Staff. The Public Staff is authorized by statute to represent consumers in proceedings before the Commission. Written statements/protests to the Public Staff should include the name of the subdivision, contact information; and any information that the writer wishes to be considered by the Public Staff in its investigation of the matter; and these statements should be addressed to Mr. Robert Gruber, Executive Director, Public Staff, 4326 Mail Service Center, Raleigh, North Carolina 27699-4326. Written statements/protests can also be faxed to (919) 715-6704 or e-mailed to babette.mckemie@psncuc.nc.gov. The. Attorney General is also authorized by statute to represent consumers in proceedings before the Commission. Statements/protests to the Attorney General should be addressed to The Honorable Roy Cooper, Attorney General, 9001 Mail Service Center, Raleigh, North Carolina 27699-9001. Written statements are not evidence unless those persons submitting the statements appear at the public hearing and testify concerning the information contained in their written statements. Persons desiring to intervene in the matter as formal parties of record should file a petition under North Carolina Utilities Commission Rules R1-5 and R1-19 no later than 10 days before the date of the hearing. These petitions should be filed with the North .Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, North Carolina 27699-4325. APPENDIXA PAGE 6OF6 Details of the proposed new rates have been filed with the North Carolina Utilities Commission. A copy of the application and all filings in this matter .are available for review by the public at the Office of the -Chief Clerk, 430 North Salisbury Street, Raleigh, North Carolina. Information regarding this proceeding can also be accessed from the Commission's website at www.ncuc.net under the docket number of this proceeding. This the , IT day of , 2013. NORTH CAROLINA UTILITIES COMMISSION .I � .� •�OtJI.J^i� Gail L. Mount, Chief Clerk.. CERTIFICATE OF SERVICE I, mailed with sufficient postage or hand delivered to all affected customers the attached Notice to Customers issued by the North Carolina Utilities Commission in Docket No. W-1049, Sub 16, and the Notice was mailed or hand delivered by the date specified in the Order. This the day of , 2013. By: Signature Name of Utility Company The above named Applicant, , personally appeared before me this day and, being first duly sworn, says that the required Notice to Customers was mailed or hand delivered to all affected customers, as required by the Commission Order dated in Docket No. W-1049, Sub 16. Witness my hand and notarial seal, this the day of , 2013. Notary Public Address (SEAL) My Commission Expires: Date FORTH CAR:OLINA PUBLIC STAFF UTILITIES CO3M ISSIO 1 January 27, 2010 mr, Tom =Kilpatrick Tom -Ki patrick and Associates P. 0, Box 679 _ _ _ Etowah,_ NC .28729 Re: Potential Transfer of Culligan Systems to A&D Water Service. ' _mac awlr a 7 _ Dear Tom: Tom, sorry I have not responded earlier, but I've been sidetracked with the Carolina Water rate case, the CWS Systems rate case filing, arid the Aqua rate . case filing. My concern/objection was and remains giving A&D a check to pay for .repai.rs/im:rove.ments based on estimated costs. To do so will jeopardize the utility by having a.ddiitiona.l repairs/improvements arise after said money is paid and the seller has left the scene. The method you propose in your e-mail and attached letter Is agreeable to the Public Staff with the provisos that ,(1),,all repairs/improvements are identified by -and -agreed to by the appropriate DENR Regional office (Asheville, Mooresvi l.e, Winston-Salem?) prior to the work, (4that DENR issues any necessary plan approval letters/permits for the work, (3)',that DENR approve all afher-infrastr-u.cture-(we..as_s�l.me these costs will_be aA_ - included in the payments), and:(4)that DENR inspect and approve" the work when completed. The Public Staff assumes such work, while performed by your firm, will be for the CPCN holder for each system. If. DENR signs off on the above, then the Public Staff will do what it can to assist in an orderly and efficient transfer St Staff will Culligan erequired to notify&DustoAll mers parties must understand that the Public of the transfers, that hearings may be required depending on customer response, and that any increase in rates will, of necessity, require more time for review and recommendation. Executive Director communications Economic Research Legal Transportation 733-2435 733-2810 733-2902 733-6110 733-7766 Accounting Consumer Services Electric l 2�7 Natural 26 s r 733-56 Water 733-4279 733-9277 10 4326 Mail Service Center • Raleigh, North Carolina 27699-4326 • Fax (919) 733-9565 An Equal opportunity 1 Affirmation'Action Employer Kilpatrick Page 2 of 2 ity l need an As a side note, any systems o an Ownertransferred Exempt from Regulationito belfiled with the Application to Transfer t �I NCUC. The Public Staff will be recommending eb�oudbe posted rage you ton the amount of negotiatefor that between $70,000 and $100,000. 9 Y bond to be included in the amount to be paid by CulliganNiola. An additional concern is how A&D will operate/oversee/manage the systems in the counties removed from its current systems in Henderson. Buncombe,. and Transylvania counties and again assume that will be settled at the time of the transfer application. While the NCUC does not regulate your firm, I do request that you keep me informed as the repair/improvement projects proceed. I will be glad to discuss any concerns -with you at any time and trust you feel free to call me about them. Otherwise, Tom, Godspeed and good luck. Sincerely Kenneth E. Rudder, Director Public Staff - Water Division C: Mr: Bill Grantmyre Mr, Bruce Vaughan Annual Wastewater Treatment System Performance Report for Mountain Valley Subdivision C D V E J� MAR - 9 201'2 WATER QUALITY SECTION ASHEVILLE REGIONAL L OFFICE for the Operating Period uary thru December, 2011 Preface RECEIVED FEB 2 3 2612 CENTRAL FILES L)WQ/B00 On July 20, 1999, the North Carolina General. Assembly ratified House Bill 1160, the Clean Water. Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance. Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to 'instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. k [E @ .(2 r MAR - 8 2012 DENR-WATER QUALITY POINT SOURCE BRANCH I. General Information Facility/System Name: Mountain Valley Subdivision Cummings Road, Horse Shoe Henderson County . Responsible Entity: Veolia Water NA/ WASCO/Culligan Operating Services Person(s) in Charge/Contact: Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & Systems Administrator Applicable Permits: NPDES # NCO073741 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .020 million gallons per day (MGD). The treated effluent is discharged to the French Broad River, classified as a Class C stream, in the French Broad River Basin. Collection System - The lower section of the collection system consist of approximately 1,100 feet of 3-inch forced main design with no manholes. The system is unusual in the fact that homes have been allowed to place gravity taps on the force main section. There is one main lift station located at the upper portion of the subdivision. The upper section consists of approximately 1,500 feet of gravity lines which are standard 8-inch lines with pre -cast manholes. Wastewater is collected at the lift station and pumped thru the 3-inch line to the WWTP. Facilities Served - This unit serves only the residents of the Subdivision. II. WWTP Performance We are pleased to report that the WWTP is in compliance with NPDES Permit Limits for the Year. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for. the reporting period. A new sewage pump with grinder head was installed in the lift station in 2009. There have been no blockages in the force main since that time. The force main requires routine periodic pressure washing to maintain adequate service. The gravity service connections on the 3-inch force main should have never been installed. At some point, these residents may be required to install pressure pump systems. Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system IV. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4810. As -required, three copies of this report is being provided to NC DENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 January 31, 2011 Tom Kilpatrick & AssOci<ltes P.O. Box 679 Etowah, NC 28729 828-890-4810 February 13, 2012 NOTICE Annual Performance Report Wastewater Treatment Systems On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for your wastewater treatment system is now available for review. A copy of the full report is available to interested persons by contacting the office. Tom Kilpatrick & Associates is pleased to be a part of this on -going environmental protection effort. Sincerely, Tom Kilpatrick AJ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor - Director December 29, 2011 5037 Mr. Tom Kilpatrick Tom Kilpatrick & Associates P.O. Box 679' Etowah, NC 28729 Subject: Non -Compliant Sample(s) Dear Mr. Kilpatrick: -r s vN.-, s 4�0r +1he- Ja. Son Dee Freeman Secretary We have been notified that on December 27, 2011, you submitted a sample for analysis of Fecal Coliform to ETS. At your request the sample was analyzed without proper preservation (residual chlorine was present in the sample). Please be advised that under provisions of N. C. Regulations 15A NCAC .0805 (a) (7) (N), any time a laboratory receives samples that do not meet sample collection, holding time, or preservation requirements, the laboratory must notify the sample collector or client and secure another sample if possible. If another sample cannot be secured, the original sample may be analyzed but the results reported (both client report and Discharge Monitorina Report) must be qualified with the nature of the infraction(s), and the laboratory must notify the State Laboratory about the infraction(s). The notification must include a statement indicating corrective actions taken to prevent the problem for future samples. We are requesting that you take the appropriate steps to avoid a reoccurrence of this in the'future. All sample preservation and holding requirements must be met in accordance with the Code of Federal Regulations, Title 40, Parts 136 and 503; Federal Register Vol. 72, No. 47 and 57, March 12 and 26, 2007; Table Il. Failure to comply with these requirements may result in enforcement action. Thank you for your time and cooperation. I can be contacted at (828) 296-4679 if you have questions. Sincerely, Jason Smith Certification Auditor Laboratory Section cc: Janet Cantwell DENR DWQ Laboratory Section NC Wastewater/Groundwater Laboratory Certification Branch 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 One Location:4405 Reedy Creek Road. Raleigh, North Carolina 27607-6445 NorthCarolina Phone: 919-733-39081 FAX: 919-733-6241 Internet www.dwglab.org dAmall An Equal Opportunity 1 Affirmative Action Employer Customer Service: 1-877-623-6748 www.ncwaterqualiV.org ^1; WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 14, 2011 Thomas W Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah NC 28729-0679 SUBJECT: Compliance Evaluation Inspection Mountain Valley WWTP Permit No: NCO073741 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on October 7, 2011. The right-of-way to the outfall should be maintained at all times. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call m at 828-296-4500. Sincerely, 1 Jeff Menzel Environmental Specialist Enclosure SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE pne Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 J►� Internet: www.ncwaterouality.org S:\SWP\Henderson\Wastewater\Minors\Mountain Valley 73741\CEI 2011:docx �/ V Ama[Ly United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 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 N I 2 U 31 NCO073741 111 121 11/10/07 117 L�J �t----�t 181 C l 191 c 1 201 I U LJ IJ Remarks 2111111111111111111111111111111111 Jill 111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA----- 67 I 169 70 L1 71 U 72 I N I 73 L Ij 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) Mountain Valley WWTP 11:00 AM 11/10/07 11/07/01 Exit Time/Date Permit Expiration Date NCSR 1171 Etowah NC 28729 11:30 AM 11/10/07 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Effluent/Receiving Waters Section D: Summary of Find in /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of I pector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel �� ARO WQ//828-296-4500/ Signature of age e 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 3I NCO073741 I11 12, 11/10/07 1 17 181 _ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The right of way to the outfall should be maintained at all times. No violations of permit requirements or applicable regulations were observed during this inspection. Page # 2 Permit: NCO073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 10/07/2011 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: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The right of way to the outfall should be maintained at all times. Page # 3 F Ce NCDENR North Carolina Department.of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 6, 2011 Thomas W Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah NC 287290679 Dear Mr. Kilpatrick: Resources Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection Mountain Valley WWTP Permit No: NCO073741 Henderson County Enclosed please find a copy'of the Compliance Evaluation Inspection Report from the inspection conducted on March 11, 2011. The Compliance Evaluation Inspection was conducted by Don Price and me of the Asheville Regional Office. The inspection was performed in part due to the NC Public Staff Utilities Commission requesting Regional Office input on recommended repairs to the plant prior to transfer of the system to A&D Water Service. The facility was found to be in Compliance with permit NC0073741. Please refer to the enclosed inspection report for additional observations and comments. If you should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: NC Utilities Commission Central Files = Asheville_Files - S:\SWP\Henclerson\Wastewater\Minors\Mountain Valley 73741'\3-11-110EIletter.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarollina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 �atu1,Q[ /� Internet: www.ncwaterouality.ora L United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 151 31 NCO073741 111 121 11/03/11 117 181 r1 191cl 2U1 I u L= J I- Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---- Reserved------- 67 169 70 U 71 ! I 72) NI 73I ) 174 751 I I I I I I 180 L- W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Mountain Valley WWTP 09:45 AM 11/03/11 06/01/01 Exit Time/Date Permit Expiration Date NCSR 1171 Etowah NC 28729 10:20 AM 11/03/11 10/11/30 Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890.-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ Contato No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Flow Measurement Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D:.Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price ARO WQ//828-296-4500/ Keith Haynes / ARO WQ//828-296-4500/ l( Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 0-r-Orr Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3' NCO073741 I11 12I 11/03/11 I17 18'_' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The owner should consider some type of covering for the plant to prevent falling leaves from being an issue during autumn. The region agrees with the recommendations that were submitted to the NC Utilities Commission. Page # 2 Permit: NCO073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 03/11/2011 Inspection Type: Compliance Evaluation Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? 0111111 Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow. meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? 00011 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Permit is in draft Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the, basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ a Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Blowers are operated 30 minutes on and 30 minutes off Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Page # 3 Permit: NC0073741 Owner - Facility: Mountain Valley WINTP Inspection Date: 03/11/2011 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive buildup of solids in center well of circular clarifier? ® Q ❑ El Are weirs level? ■ D Q Is the site free of weir blockage? ❑ n n Is the site free of evidence of short-circuiting? ■ Is scum removal adequate? ■ ❑ Q 0 Is the site free of excessive floating sludge? ■ 0 ❑ Q Is the drive unit operational? ❑ ❑ ■ El Is the return rate acceptable (low turbulence)? le n p n Is the overflow clear of excessive solids/pin floc? ® n n Q Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ❑ Q Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ® n n n Are the tablets the proper size and type? ®❑ n n Number of tubes in use? 2 Is the level'of chlorine residual acceptable? i1 0 E! ■ Is the contact chamber free of growth, or sludge buildup? ® 0 00 Is there chlorine residual prior to de -chlorination? ❑ ❑ Q ■ Comment: Vac Nn NA NF Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n Q n Is storage appropriate for cylinders? ®❑ 0 # Is de -chlorination substance stored away from chlorine containers? ® n 0 0 Comment: Are the tablets the proper size and type? ■ n 0 n Are tablet de -chlorinators operational? ■ n 0 n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Page # 4 Permit: NC0073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 03/11/2011 Inspection Type: Compliance Evaluation Effluent Pip Yes No NA NE Is right of way to the outfall properly maintained? Q ■ Q ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ Cl ❑ Q If effluent (diffuser pipes are required) . are they operating properly? ❑ ❑ ■ Comment: There was a small leak in the effluent plant directly below the plant. There should be access to the discharge point at the receiving stream. Page # 5 Annual Wastewater Treatment System Performance Report for Mountain Valley Subdivision for the Operating Period f '"_• :.,,,.r_o..,:e3::....•..v.:.tYi L.:r,...4Pa`..'. ,.,..-... a...:.;4<, ..i4rihl January thru December, 2010m u i FED - 8 2011 Preface` WATER QUALITY SECTION ASHEVILLE REGIONAL 6 1-ICE On July 20, 1999, the North Carolina General Assembly ratified House Bill 116014e'Clean Wafer Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. D ry @ rNPROW11 l� I FEB 0 3 2011 DENR-WATER QUALITY POINT SOURCE BRANCH I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Mountain Valley Subdivision Cummings Road, Horse Shoe Henderson County Veolia Water NA/ WASCO/Culligan Operating Services Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & Systems Administrator NPDES # NC0073741 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .020 million gallons per day (MGD). The treated effluent is discharged to the French Broad River, classified as a Class C stream, in the French Broad River Basin. Collection System - The lower section of the collection system consist of approximately 1,100 feet of 3-inch forced main design with no manholes. The system is unusual in the fact that homes have been allowed to place gravity taps on the force main section. There is one main lift station located at the upper portion of the subdivision. The upper section consists of approximately 1,500 feet of gravity lines which are standard 8-inch lines with pre -cast manholes. Wastewater is collected at the lift station and pumped thru the 3-inch line to the WWTP. Facilities Served - This unit serves only the residents of the Subdivision. II. WWTP Performance We are pleased to report that the WWTP is in compliance with NPDES Permit Limits for the Year. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. A new sewage pump with grinder head was installed in the lift station in 2009. There have been no blockages in the force main since that time. The force main requires routine periodic pressure washing to maintain adequate service. The gravity service connections on the 3-inch force main should have never been installed. At some point, these residents may be required to install pressure pump systems. Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system IV. Notification A letter advising of the availability of this report will be hailed to each resident. A copy of this report is available to interested persons in the offices of: Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4810. As required, three copies of this report is being provided to NC DENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 January 31, 2010 Filename: \\Tom\my files\Mtn. Va11ey\APR_'10.docx El F � r., _ 9 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION September 14, 2010 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah, NC 28729-0679 SUBJECT: Compliance Sampling Inspection Mountain Valley VWVTP Permit No: NCO073741 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on August 25, 2010. The facility was found to be in compliance with permit NC0073741. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, G�p � Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files �As,I ,e i1I F"i:lW S:\SWP\Henderson\Wastewater\Minors\Mountain Valley 73741\CS1.8-25-10.doc I SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 2964500 \ FAX: 828 299-7043 \ Customer Service: 1-877-623-6748 IvahlrQ f f1/ Internet: www,newaterguality.org Pal United States Environmental Protection Agency Form Approved. n Washington, D.C. 20460 EPA Cf /"1 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO073741 111 121 10/08/25 117 18I SI 191 SI 20III Remarks 211111IIIIIIIIIIII IIIIIIII IIIIIIIIIIIIIIIII1111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --Reserved-- — 671 1. 0 169 70131 711 I 721 N I 73 I I 174 751 I I I I I I 180 w Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name. and NPDES permit Number) Mountain Valley WWTP 01:10 PM 10/08/25 06/01/01 Exit Time/Date Permit Expiration Date NCSR 1171 Etowah NC 28729 01:40 PM 10/08/25 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ t� 6 G� /D Ike Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date �y l % 2-CO/V U EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO073741 I11 121 10/08/25 117 18IS1 (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Veolia Water North America Operating Services — Mountain Valley Subdivision WWTP is a class II facility rated as a 0.020 MGD (0.040 after A to C) Purestream® extended aeration package plant consisting of: (no bar screen); 20,000 gallon aeration basin with dual blowers providing diffused air; rectangular clarifier with skimmer and sludge returns; 5000 gallon aerobic digestor with continuous overflow back into the aeration basin; tablet chlorinator; baffled chlorine contact chamber; tablet dechlorinator; and Isco 3210 ultrasonic flow meter. A to C: issued 9-14-1990. Collection System: The lower section of the collection system consists of approximately 1100 feet of 3-inch pressure sewer with no manholes. Gravity taps have been allowed on the force main section. The upper section consists of approximately 1500 feet of 8-inch gravity lines with pre -cast manholes. There is one lift station located at the upper portion of the subdivision. Wastewater is collected at the lift station and pumped thru a 3-inch force main to the WWTP. Annual average flow: 0.007 MGD for 2007-2010 (3 year average). Development: Consists of 60 residential homes -100% domestic. Sludge Management: Commercial hauler (Goldie & Associates) to the City of Hendersonville's WWTP. Goldie & Associates - phone: 864-882-8194 210 W. North Second Street, Seneca, SC 29678 PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 2-25-2009 by Janet Cantwell. The permit expires on 11-30-2010. Your permit renewal request was received by the Division on 5-13-2010. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. FLOW MEASUREMENT: The Isco 3210 ultrasonic flow meter was last calibrated in August 2010. Page # 2 Permit: NCO073741 Inspection Date: 08/25/2010 Owner - Facility: Mountain Valley wwTP Inspection Type: Compliance Sampling EFFLUENT: The effluent was clear and indicated compliance with permit limits. Samples were collected on the day of the inspection. The results were as follows: BOD = 27 mg/I TSS = 13.8 mg/I Fecal coliform = < 1 col/100 ml OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Tom Kilpatrick, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 2-8-2010. Page # 3 Permit: NCO073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ ❑ n ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ Q n ❑ Judge, and other that are applicable? Comment: enrnfinn Rncinc Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Page # 4 Permit: NC0073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 08/25/2010 Inspection Type: Compliance Sampling Secondary Clarifier Yes No NA NE Is the drive unit operational? 13000 Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ■El Is storage appropriate for cylinders? 00 ■ n # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ fl ❑ n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n •�'T u- i i Page # 5 County: HENDERSON Sample ID: AB62739 River Basin FRB QF V61A1£R PO Number # ARO Q� Report To AROSP `O� � r- Date Received: Time Received: 0812512010 15:50 Collector: W FRAZIER Labworks LoginlD KJIMISON Region: ARIDReport Generated: 9/21/10 Sample Matrix: WASTEWATER Date Reported: 09/21/2010 Loc.Type: EFFLUENT Emergency Yes/No COC Yes/No VisitlD Loc. Descr.: LEY i1UWiTl� Location ID: NCO073741 Collect Date: 08f25/201'0 Collect Time: 13:20 Sample Depth Result/ Method Analysis CAS # Analyte Name PQL Units Validated by — Qualifier Reference Date Others Sample temperature at receipt by lab 1.9 °C 8/25/10 SMATHIS BOD, 5-Day in liquid 2 ','�7' mg/L APHA5210B 8/26110 CGREEN Coliform, MF Fecal in liquid 1 B2 CFU/100ml APHA9222D-20th 8/25/10 CGREEN Residue —Suspended in liquid 6.2 IMP mg/L APHA2540D-20th 8/25/10 CGREEN Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes referto httP ports) nMenr.o=\vehA•mAah:-stnfiintrite=hassisgakat Q&La!ifier Crde«hflpaip n. —den—gL.H eh:4+nAan_<_1xH:nL�YFf)IASSISi? Page 1 of 1 DIN., ION OF WATER QUALITY I� `' Chemistry Laboratory Report! Water Quality El COUNTY `,.f L�y4� YORITYSAMPLE TYPE RIVERBASIN: D� I ( a QA STREAM EFFLUENT REPORTTO ASh6,i11e 1 Cg: okf,ce SEP 2 7 2010 LLAIv< Other L._.__ f�. GENC COLLECTOR(S) : Wanda,F user-5� ��,+,yx'•3 A,S/F�f��V,.�.-=I._.._,_.'QUALITY SECTION E ?EGiO IC ALOFr EEstimatedBODRange: Seed: Station g/Location Code Dafe egin (yylmm/dd) Date d (yy/ m/dd) IV L lb o :73 too f-Z5 BOD 310 mg/L COD High 340 mg/L COD Law 335 mg/L Col(form: MF Fecal 31616 /100ml Coliform: MF Total 31504 /100ml Coliform: tube Feca131615 /100ml Coliform: Fecal Strep 31673 /100001 Residue: Total 500 mg[L Volatile 505 mg/L Fixed 510 mg/L Residae: Suspended 530 m911, Volatile 535 mg/L Fixed 640 mgfL pH 403 units Acidity to pH 45 436 mg/L .Acidity to pH 8.3 435 mg1L Alkalinity to pH 8.3 415 mgfL Alkalinity to pH 45 410 ml1L TOC 680 mg/L Turbidity 76 NTU Coliform Total Tube /I00 ml COMMENTS: CHAIN OF CUSTODY LAKE INFLUENT VISITID � ESTUARY El Station0 Location: LM ,/eC,%( / Remarks: tTimeBegin Time Eod Depth - DM,DB, DBM Value Type - A, H, L ?o,yM lS�o9 Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color. True 80 au. Color(pH) 83 pH- c.u. Color: pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease aad Oita 556 mg/L Hardness Total900 mg/L Specific Cand. 95 umhoslem MBAS 38260 mg(L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Baran Taoain & Lignin ug/L Hesavalent Chromium ug/L Bicarbonate mg/L Carbonate mg(L Total Dissolved Solids mg/L NH3 as N 610 mgfL TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd-Cadmium 1027 ag/L Cr-Chromium:Tatal1034 ug/L Ca- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium u€1L Ag- Silver 1077 ng/L Al- Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Mo-Molybdenum ug/L Sb-Antimauy ug/L Sn-Tin ug/L TI-Thallium ug/L Ti-Titanium ug/L Hg-1631 ng/L LabNumberl: - �- DateReceived: Time Received Received By Data Released : Date Reported c Composite-T, S, B j Sample Type C/s•-'add Li -Lithium 1132 ug/L Mg- Maguesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 mg/L ArsenicTotal1002 ug/L Se- Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ug/L . Organochlorine Pesticides Orgauophosphorus Pesticides Organonitragen Pesticides Acid Herbicides Base/Nentral&Acid Extract. Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplankton Temperature on arrival (°C): E C'�. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director June 9, 2010 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 Subject: NOTICE OF VIOLATION NOV-2010-LV-0202 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Mr. Kilpatrick: Secretary A review of Mountain Valley WWTP's monitoring report for January 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 01/19/10 400 #/100ml 410 #/100ml Daily Maximum Exceeded Reminder. Holidays should be clearly marked on the appropriate monthly DMRs. Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Fbk Roger C. dwards, Region Supervisor Surface Water Protection Section Asheville Regional Office C��� �.�DWQ�Ashev„ille•_;Fi,les- DWQ Central Files St•.til�P'.}[ ndcrcnnit�'a ntsatcr:blinor'atouniain Valle 737-tl'N(?V-2UIU-I.V-0202-doe No�rthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 11,om Kilpatrick & associates PD. Box 679 Etowah, NC 28729 828-890-4810 February 1, 2010 NOTICE Annual Performance Report Wa.stew ter Treatment Systems On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for your wastewater treatment and sewer line collection system is now available for review. We are pleased to report that the WWTP is in full compliance with NPDES Permit limits for the operating year. A'copy of the full report is available to interested persons by contacting the office. Tom Kilpatrick & Associates is pleased to be a part of this on -going environmental protection effort. Sincerely, Tom Kilpatrick 0 e Annual Wastewater Treatment System Performan-ce. RTort for Mountain Valley, $ubd for the Operating Period January thru December, Preface 'I � V E 8-- 201 FEB 0 L WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE On July 20,1999, the North Carolina General Assembly. ratified House Bill 1160, the- Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in -their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public,confidefice) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Mountain Valley Subdivision Cummings Road Horse Shoe Henderson County Responsible Entity: Veolia Water NA/ WASCO/Culligan: Operating Services . Person(s) in Charge/Contact: Torn Kilpatrick - Operator -in -Responsible Charge (ORC) & Systems Administrator Applicable Permits: NPDES # NC0073741 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process'capable of treating .020 million gallons per day (MGD). The treated effluent is_dischargedao the, .:. French Broad River, classified as a Class C stream, in the French Broad River Basin. Collection System - The lower section of the collection system consist -of approximately 1,100 feet of 3-inch forced main design with no manholes. The system is unusual in the fact that homes have been allowed to place gravity taps on the force main section.: There is one main lift station located at the upper portion of the subdivision. 'The upper §ection consists of approximately 1,500 feet of gravity lines which are standard 8-inch lines with pre -cast manholes. Wastewater is collected at the lift station and pumped thru the 3-inch line to the WWTP. u Facilities Served - This unit serves only the residents of the Subdivision. 11. WWTP Performance We are pleased to report that the WWTP is in compliance with N —DES Permit:I:,im is for the `Fear. We take pride in our efforts to protect the local environment and the quality of the.waters in our streams. 11I. Collection System Performance The collection system experienced no significant problems for the reporting period. , A new sewage pump with grinder head was installed in the lift station in 2009. There have been no blockages in the force main since that time. The force main requires routine periodic pressure washing to maintain adequate service.: The gravity service connections on the .3-inch force main should have never been installed. At some point, .these residents may be required to install pressure pump systems. Tom Kilpatrick & Associates maintains an ,Operation and Maintenance Plan and a -Spill Response Plan for the system IV: Notification A letter advising of the availability of this report will be mailed to each resident. A ,copy -of this - report is available to interested persons in the offices of: Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4.810. As required, three copies of this report is being'provided to NC DENR Readers who have questions or desire detailed information are invited to contact Tom - Kilpatrick, System Administrator. V: Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick , Date. This report prepared by: DEcE NC®EN� J U L 2 8 2009 i North Carolina Department of Environment and Natura Re$ources Division of Water Quality t------ WATER QUALITI eCC 17 Beverly Eaves Perdue Coleen H. Sullins i __`H_\/ : i_r f, :.Dee Fryman Governor Director Secretary I July 23, 2009 / Mr. Thomas W. Kilpatrick �`�� A-w //<-A its Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 Subject: NOTICE OF VIOLATION NOV-2009-MV-0122 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Mr. Kilpatrick: A review of Mountain Valley WWTP's monitoring report for May 2009 showed the following violation: Parameter Date Measuring Frequency Violation Continuous Flow 5/30/2009 - 5/31/2009 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, &`_> e . — _" Roger C. Edwards, Regional Supervisor . - Surface Water Protection Section - cc: DWQ Asheville Files_ DWQ Central Files G:\WPDATA\DEMWQ\Henderson\73741 Mountain Valley\73741 NOV-2009-MV-0122.doc NorthCarolina �, Natlaaay North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwatergualitv.org FAX (828)299-7043 1-877-623-6748 I EFFU T AWE ND1 9 AD;D,FL-0�,, 0 . - W Q-A,T�A,FI�OR.5-/�3_©r&�5/�3i1� NPDES PERMIT NO. NCO073741 DISCHARGE NO. 001 MONTH MAY YEAR 2009 FACILITY NAME MOUNTAIN VALLEY SUBDIVISION CLASS II COUNTY HENDERSON OPERATOR IN RESPONSIBLE CHARGE (ORC) Tom Kilpatrick GRADE IV PHONE 828-890-4810 CERTIFIED LABORATORIES (1) Environmental Testing Solutions (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES Tom Kilpatrick Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV OF ENVIRONMENTAL MANAGEMENT X J - %- rc = DEHNR (SIGNATURE OF OPERATOR gRESPONSIBCE CHARGE) DATE P.O BOX 29535 BY THIS SIGNATURE, I CERTIFY THAT THE REPORT IS RALEIGH, NC 27626-0535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE Hi E 0oa vY a o N o O 50050 00010 00400 50060 1 00310 1 00610 00530 31616 00300 00600 00655 W n CL U g W S 2/W i o S 7 W o m 2/Mo. w0 o It Z o W O z w n� tO to J O F_ W O a) � JU Qo LL w r O oQ w o co Fw - Z F_o 0cv F p O a toO O aF_a ENTER PARAMETER CODE EFFFLOQW Ell Q 0 HRS HRS Y/N MGD 'C UNITS uG/L MG/L MG/L MG/L #100ML MG/L MG/L MG/L t 1000 0.3 Y 0:.004 . ........... .. . 2 0.005 3 . ., 4 1110 0.6 1 Y 0.005 <22 5 950 0.8 .: Y : U A05. 18..•.., 7 1 : ; 22.. Z 0. 1 3.:. 7Q 0: :.<1 .. •:: � . �� 6 1000 0.3 Y 0.004 7 830 0:3 Y .::.: 8 1010 0.3 Y 0.004 / v %, a x 10 0.004 11 1010' 0.5 Y 12 930 0.5 Y 0.004 15 7.1 <22 7.0 1.4 8.2 C1 13 840 0.3 y •� ;;; 14 1010 0.3 Y 0.003�.,;' 15 630 0.2 Y 0;003 . 16 0.004 17 0:004 18 1110 1 Y 0.004 <22 19 915 0.5 Y 0.004 15 : 6.8 20 910 0.3 Y 0.004 21 940 0.3 Y 0.001 1020 0.3 Y 0.004 t2324 O 7. 0.004 e ae• m • e e �© eee • �®®®_��y�__�� _� ���© eee • -_®______________ • e e e ae Copyright © 1992-1998, ChemSW T", Inc.,(707)864-0845, All rights reserved. http:/Iwww.chemsw.com Facility Status: (PI , check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction -or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Tom Kilpatrick, Administrator for Culligan Operating Services Permittee (Please print or type) Tom Kilpatri�� j%./ rX, Z_ —7_ Signiture of Permittee`'` —/ Date Tom Kilpatrick & Associates P.O. Box 679, Etowah, INC 28729 828-890-4810 Permittee Address Phone Number NOV. 30, 2010 Permit Exp. Date PARAMETER CODES Forms by ChemSW(707)864-0845:pM 11158:v5.21.2/1/98 00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color (ADMIT) 00625 Total Kjeldhal 01207 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 E Id h d 00300 Dissolved Oxygen 03100 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01034 Chromium 01307 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 31616 Fecal Coliform 32730 Total Phenolies 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow orma e v e___ 71900 Mercury 81551 Xylene Parameter Code assistance may be obtained by calling the Waer Quality Compliance Group at (919) 733-5083, extension 581 or 534 The monthly average for fecal colifrrom is to be reported as a GEOMETRIC mean. Use only units ,designated in the reporting facility's permit for reporting data. r= - ' ORC mmust visit facility and document visitation of faciclity as required per 15 A NCAC 8A .0202 (b) (5) (B) " If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2)(D) r- °- E�� I , AV �® L NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director July 23, 2009 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 Subject: NOTICE OF VIOLATION NOV-2009-MV-0122 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Mr. Kilpatrick: Dee Freeman Secretary A review of Mountain Valley WWTP's monitoring report for May 2009 showed the following violation: Parameter Date Measuring Frequency Violation Continuous Flow 5/30/2009 - 5/31/2009 Continuous Failure to Monitor It was also noted that the Compliance box on the back of the DM was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To -prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, /r Roger C. Edwards, Regional Supervisor Surface Water Protection Section D� hevi� eNT765AW es DWQ Central Files G:\WPDATA\DEMWQ\Henderson\73741 Mountain Valley\73741 NOV-2009-MV-0122.doc WorthCarolina Jl�attrra!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 n County: HENDERSON River Basin Report To AROSP Collector: J CANTWELL Region: ARO Sample Matrix: SURFACEWATER Loc. Type: EFFLUENT Emergency Yes/No CDC Yes/No Visitl D Loc. Descr.: MTN VALLEY 73741 Sample ID: AB41409 PO Number# 9W1583 Date Received: 03/06/2009 Time Received: 08:15 Labworks LoginlD HPARKER Date Reported: 3/17/09 Report Generated: 03/17/2009 '�'n 3 /S V 11 Location ID: MTNVALLEY73741 I Collect Date: 111WMI 1270 9 I Collect Time:: 12:00 I Sample Depth I Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated ' NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated Qi-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2- Holding time exceeded following receipt�by lab B5-Too many colonies were present; too numerous to count (TNTC) PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U- Samples analyzed for this compo d.but.not-detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated p /7 Xi - Sample not analyzed for this co Ir IL�� 1V(I J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated N1-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB MAR 2 0 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 Pagel of 2 - ' WC WQ, Laboratory Section Results Sample ID AB41409 Location ID: MTNVALLEY73741 Collect Date: 02/25/2009 Loc. Descr.: , MTN VALLEY 73741 Collect Time:: 12:00 Visit ID CAS # Analyte Name PQL Resnit Qualifier Units Analyst/Date Approved E Sample temperature at receipt by lab Method Reference 32 °C HPARKER 3/6/09 SMATHIS 316/09 NUT as,N IIlq.ld'�- Method Reference LaclO-107-06-1-J 0.02 4,23s . • mg/L as N MAJAYI 3/6/09 CGREEN 3116/09 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908' Page 2 of 2 9 Vo 1�-v DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM1) For Lab Use ONLY ,COUNTY T �/�. PRIORITY SAMPLE TYPE / RIVER BASIN . t. ❑ AMBIENT ❑ STREAM FFLUENT REPORT T . ARO RO htRO RRO WaRO WiRO WSRO TS AT BM ❑ COMPLIANCE ❑ LAKE ❑ INFLUENT Other Shipped by: Bus, Courier, Staff, Other ❑ Lab Number: Date Received: — Tim ' 15 Rec'd b DATA ENTRY From: Bus ourier- and Del. Y: CK: DATE REPORTED: �^ C `. EMERGENCY ❑ ESTUARY COLLECTOR(S):SL��/ /� Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: /OJT/IPA {//¢1 -7—A/ Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station H Date Begin (yy/nmm/dd) Time Begin I Date End Time End Depth DM DB DBM I Value Type Composite Sample Type I BOD5 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 100ttil 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 nmg%L I I Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mg!L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 N U Chloride 940 mg/L Chla 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color:pH 7 6 82 ADMI Cyanide 720 mg/L Fluoride Q51 mg/L Formaldehyde 71880 mg(L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MB AS 38260 mg/L Phenols 32730 pg/L Sulfate 945 mg/L Sulfide 745 mg/L A H L I T S B IC - G GNXX _NH3 as N 610 ntg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-ChrontuuttTotal 1034 µg/L Cu-Copper1042 pg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 pg/L AI -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 ltg/L Fe -Iron 1045 µg/L Li -Lithium 1132 g-Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg/L Arseuic:Total 1002 pg/L Se -Selenium 1147 µg/L Hg-Mercury 71900 µg/L Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides BaseiNeutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only Temperature on arrival: Sampling Point % Conductance at 25°C Water Temperature °C D.O. mg/L H Alkalinity Acidity Air Temperature °C PH 8.3 pH 4.5 pH4.5 PH 8.3 2 94 0 300 400 82244 431 82243 82242 20 Salinity %o Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity Mean Stream Depth ft. Stream Width ft. 80 5 2 6 1351 1350 35 64 4 NC DENR/DWQ Chemistry Laboratory to: ARO SWP Sample Condition Upon Receipt Anomaly Report (SCUR) Lab Number: AB41409-2009ft Sample ID:A-1, A-2 Station Location: Mtn Valley 73741, Etowah 71323 3ounty: Henderson Collector: J Cantwell Priority: none Affected Parameter(s) NH3 as N Region: ARO Sample Type: Effluent Date/Time collected: 2/25/2009 0:00 Date/Time received: 03/06/2009 0815 Thgycondition of these samples were not acceptable because (check all that apply): Excel Macro "CTRL+ z" ✓ Coolers ❑ Samples (affected samples are described below) ❑ Samples. were not received on wet ice ❑ Samples not received, but listed on fieldsheet r o mpera ure 51an T51a ,"iti .dEfsee co, Qnts,: ❑ Samples received, but not listed on fieldsheet Sample T° reading: 3.2 °C ❑ Samples not received, but listed on COC ❑ CoolerT° reading: °C ❑ Samples received, but not listed on CDC ❑ Temperature >6°C. T° reading: °C ❑ Mislabeled as to tests, preservatives, etc. ❑ Samples frozen ❑ Holding time expired ❑ Containers ❑ Leaking ❑ Broken ❑ Without labels ❑ VOA vials with headspace ❑ Sulfide samples with headspace ❑ Container Labels ❑ Not the same ID/info. As on COC ❑ Not the same ID/info. As on fieldsheet ❑ Incomplete. Missing the following: ❑ Station # / Sample ID ❑ Collection date ❑ Collector ❑ Analysis ❑ Preservative ❑ Other: ❑ Markings smeared or illegible ❑ Torn ❑ Improper container used ❑ Insufficient quantity for analysis ❑ Chain of Custody ❑ . No custody seals ❑ Custody seals not intact ❑ Not relinquished. ❑ No date/time relinquished ❑ No signature ❑ Incomplete informatiori LP/Documentation ❑ ieldsheet wet/illegible 1c bieldsheetiameomplete Ndiiii- ecorded ❑ Records not written in indelible ink ❑ Sample(s) submitted without fieldsheet ❑ Other (specify): Comments: Temp was obtained from sample bottle. Samples were received on wet ice. A temp blank must be sub- mitted with samples. Also, there was no time recorded for collection of samples on either the fieldsheet or fieldtag. Corrective Action: ❑ Samples were rejected by DWQ Lab. Authorized by: ❑ Accepted and analyzed per collector's request after notifying the collector ❑ Accepted and analyzed after notifying the client and determining that another sample could not be secured. � ❑, ample(s) on hold until: ample(s) accepted and analyzed. No notification required. ❑ Other (explain): Person Contacted: Form completed by: ad Chemist Review (initial): F. BIOCHEM ❑ VOA ❑ MET ❑ SVOA Branch Head Review (initial) : QA/QC (initial) i Date:—/—/ Date: 3 / 6 / 01 ❑ PEST Logged into database by (initial): / a 6-0 SCUR form Feb09 c N (1) VQ LaboratoaSection Wesurts County: HENDERSON Sample ID: AB41147 River Basin FRB v',IA F PO Number # ARO 02/25/2009 Report To AROSP _���� Date Received: r Time Received: 15:00 Collector: J CANTWELL _ `{ 't Labworks LoginlD KJIMISON Region: ARO " Date Reported: 3/13/09 Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Report Generated: 03/13/2009 Emergency Yes/No COC Yes/No VisitlD Loc. Descr.: MOUNTAIN VALLEY WWTP � 13 0 Location ID: NCO073741 Collect Date: 0212512009 Collect Time:: 12:00 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution - B3- Countable membranes with more than 60 or 80 colonies; Estimated Q1-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2-Holding time exceeded following receipt by lab B5-Too many colonies were present; too numerous to count (TNTC) PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U- Samples analyzed for this cdrt ,'6ynd-,but not detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated " " ' "-' - •- , X1- Sample not analyzed for thiscompound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated NI -The component has been tentatively identified based on mass spectral library search and has an estimated value ARO i MAR 1 7 2009 Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 WA>=tibR ICOVALITY SECTION I ASHEVILLE REGIONAL OFFICE ` Sample ID AB41147 XC WQQ Laboratory Section Results Location ID: NC0073741 Collect Date: 02/2512009 Loc. Descr.: MOUNTAIN VALLEY WWTP Collect Time:: 12:00 .Visit ID CAS # Analyte Name PQL 1e u Qualifier Units Analyst/Date Approvea my wave Sample temperature at recelpt by lab 3.1 °C KJIMISON SMATHIS Method Reference 2125109 3/3/09 5 JD, EElDayInliquid 2.0 77 mg/L KJIMISON CGREEN Method Reference APHA5210B 2127/09 3/12109 CrTiiomi; PvIF`F&al In liquid 1 � Min CFU/100ml KJIMISON CGREEN Method Reference APHA9222D-20th 2/25/09 313/09 du i sspende& liquid' 6.2 12 11 mg/L KJIMISON CGREEN 2126109 319/09 Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 WATER 17ALITY FIELD -LAB FORM (DM1) For Lab Use ONLY DIVISION OF WATER QUALITY Q c0u1. rY ®a 6 w PRIORITY SAM?LE 7YPE UFFL.UENT ® d r RIVER BASIV�� �p ®.,.� A,vlg(E;vT STREAM REPORT TO: xAROtFRO MR0 RRO WaRO W:RO WSRO TS .A.T 3 A C01lPL(A.NCE ❑ LAKE I_I NFLUENT Other Lab dumber: M5yil Date Received: (• jx : G `3 Time: I �� Rec'd by: DATA ENTRY BY: From: Bus -Courier -Hand Del. CK: I DATE REPORTED: 1 � Shipped by Bus, Courier. Staff Other EVERGENCY L ESTUARY COLLECTOR(51:� Estimated BOD Range: ^0-5/5 25/25-W4.0-130 or 100 olus STATION LOC 4 iON A77i Seed: Yes ❑ �c iJ Chiornated: Yes ❑ N��o l_1 REMARKS: S moron �' Dite Be�ir. (vyrnun�dd) Time 3z�in Dzte End Time End I Depth D�1 D3 DBf • Value Type Composite I Sample Type 102 I e. 00 I { A H L I T S B j C G GIN mg/L D High340 mg1L aDS310 D Lot+ 335iform: MF Fecal 31616 �a OCnil 5 { IColifor:n: m-7 Total 31504 ii00t:1 6 ICoii forru: Tube Fecal 31615 J.100m1 7 t Col form: Fecal Strep 31673 1IOO:r1 8-1 Residue: Total 50C m^_% 9 { Volatile 505 me.•L 10 I Fixed 510 mOL i 1 ' &.<I Residuc: Suspended 530 ms1L 12 Volatile 535 m_/L 13 1 Fixed 540 tng/L 14 pH 403 units 15 Acidity to pH 4.5 436 me/L i 6 I Acidity to pH 8.3 435 mg/L 17T Alkalinity to pH 8.3 413 rn iL 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidiry 76 N'Tu Chloride 44G mgiL j Chi z 70953 ug/L l CCior: True 30 PI -CC Color:(PH ) M ADMI Color.ph 76 32 ADMi I Cyanide 720 i Fhmridc 951 mg/L Forrmldehyde 71880 nigf- 1 Grease and Oils 556 mg/L Hardness Totzi 900 t i Specific Cond. 95 I l MBAS 38260 mg%L Phencls 32730 µg;L i 5ulf=945 mg;L { Sulfide 745 mglL I I Nv as N 610 mg/L TK.V as N 625 mg/L :�02 plus � O3 as N 630 rrgL P: Total as P 665 m"'L PO4 as P 665 IllJL P: Dissolved as P 666 mg/L Cd-Cadmium 1027 ug!L Cr{Itr rr:nnl:lo:al l034 pC,• Cu-Ccpper 1042 p iL Ni MekelIC67 pg/L Pb-i..ead 1051 perL. Zn-Zinc 1092 p;L AL -Silver 1077 141 Ai -Aluminum 1105 pc1L Be -Beryllium 1012 p'_•ti Ca -Calcium 916 m=+L Co -Cobalt 1037 ggIL Fe-I:oa 1045 nIL f� Li -Lithium 1132 m� VIA \iagne5ium 927 m JL 41n-vlanganese 1055 k+.1L Na-Sodium 929 mg/L Arsenic:Total 1002 4+giL I Sc-Selenium 1147 gg;L I I :I_ Vtt.cury 7i900 pg/L Organechlcrinc Pestiv idt5 Organophosphotus Pesneldes t Acid Herbicides i BasdVeutral Extractable Orcanics { Acid Extractable Organics _ i ' Pureeable Organics (VOA bottle req'd) Phytoplankton Lab Use Onlv 3 y Temperature on arrival: I AleaO 73 it A�D Annual Wastewater Treatment System Performance Report for Mountain Valley Subdivisio P C' E IV' I for the Operating Period MAR 1 8 2009 U ; January thru December, 2008 MAR. 2 0 2009 DENR - WATER QUALITY M' V`aiEy�QNPLITYSECTION POINT SOURCE BRANCH. P gHE`IILLE REGIGN_IOFFICE Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name Responsible Entity: Person(s) in Charge/Contact Applicable Permits: Mountain Valley Subdivision Cummings Road, Horse Shoe Henderson County Veolia Water NA/ WASCO/Culligan Operating Services Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & Systems Administrator NPDES # NC0073741 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .020 million gallons per day (MGD). The treated effluent is discharged to the French Broad River, classified as a Class C stream, in the French Broad River Basin. Collection System - The lower section of the collection system consist of approximately 1,100 feet of 3-inch forced main design with no manholes. The system is unusual in the fact that homes have been allowed to place gravity taps on the force main section. There is one main lift station located at the upper portion of the subdivision. The upper section consists of approximately 1,500 feet of gravity lines which are standard 8-inch lines with pre -cast manholes. Wastewater is collected at the lift station and pumped thru the 3-inch line to the WWTP. Facilities Served - This unit serves only the residents of the Subdivision. II. WWTP Performance We are pleased to report that the WWTP is in compliance with NPDES Permit Limits for the Year. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. A new sewage pump with grinder head was installed in the lift station in 2003. There have been no blockages in the force main since that time. The force main requires routine periodic pressure washing to maintain adequate service. The gravity service connections on the 3-inch force main should have never been installed. At some point, these residents may be required to install pressure pump systems. Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system IV. Notification A letter advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of - Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4810. As required, three copies of this report is being provided to NC DENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick 0 Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 28, 2009 Filename: \\Tom\my files\Mtn. Va11ey\APR_'08.doex Torn Ki patrick. & ,associates P.O. Box 679 Etowah, NC 28729 828-890-4810 March 15, 2009 NOTICE Annual Performance Report Wastewater Treatment Systems On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for your wastewater treatment and sewer line collection system is now available for review. We are pleased to report that the WWTP is in full compliance with NPDES Permit limits for the operating year. A copy of the full report is available to interested persons by contacting the office. Tom Kilpatrick & Associates is pleased to be a part of this on -going environmental protection effort. Sincerely, Tom Kilpatrick ;a jM MCDEN1 North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor . Director February 27, 2009 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 287290679 Dear Mr. Kilpatrick: Natural Resources n y ui��� C09IT-111f Dee Freeman Secretary SUBJECT: Compliance Sampling Inspection Status: Compliant Mountain Valley WWTP Permit No: NCO073741 Henderson County Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on February 25, 2009. The facility appeared to be in compliance with permit NC0073741. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, o�� iJ et Ca ell nvironmental Specialist Enclosure I�'W�� As�hev!lie File- —DVV entraFiles G:\WPDATA\DEMWQ\Henderson\73741 Mountain Valley\73741-CS1.09.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 Internet: www.ncwaterauality.org NorthCarohna ;Vatlfralllf a United States Environmental Protection Agency Form Approved. P fl Washington, D.C. 20460 EPA/� OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31798 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO073741 111 121 09/02/25 117 18I Gt 191 GI 201I J LJ _J Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 169 70 .71 I I 72I N � 73[ I 174 75I I I I I I 80 —� u J I 1 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Mountain Valley WWTP ' 11:05 AM 09/02/25 06/01/01 Exit Time/Date Permit Expiration Date NCSR 11.71 Etowah NC 28729 .11:30 AM 09/02/25 10/11/30 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Officiai/Title/Phone and Fax Number Thomas W Kilpatrick, PO Box 679 Etowah NC 287290679//828-890-4810/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Flow Measurement ® Operations & Maintenance ® Records/Reports Self -Monitoring Program ® Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phorie and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ S ature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date /ao EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0073741. I11 12I 09/02/25 I17 18IS1 (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tom Kilpatrick/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on 9/18/08 by Wanda Frazier. A review of the files indicates that the permit expires 11/30/2010. Please request a permit renewal 180 days prior to expiration. The Annual Performance Report has been filed for the year. A thermometer should be kept in the composite sampler during sampling. A refrigerated sampler would be an ideal solution. Sampling was.done during the inspection and the results will be sent separately. This facility appears to be well operated and the operator is doing a good job. Page # 2 Permit: NCO073741 Inspection Date: 02/25/2009 Owner - Facility: Mountain Valley WVVfP Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ IN ❑ Is the facility as described in the permit? ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ® ❑ Is access to the plant site restricted to the general public? ®❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ®❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑ Judge, and other that are applicable? Comment: Record.!eepinn( Yes No NA NE Are records kept and maintained as required by the permit? ®❑ ❑ ❑ Is all required information readily available, complete and current? ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is the chain=of-custody complete? ❑ ❑ ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ®❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ®❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ M 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? ®❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ■ ❑ ❑ Page # 3 Permit: NCO073741 Inspection Date: 02/25/2009 Owner - Facility: Mountain Valley WWTP Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? us ❑ ❑ Comment: Operator has copy of permit at the.office and will suppy a copy to the facility. • V.. Kln N8 NF Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ®❑ ❑ ❑ Are surface aerators and mixers operational? Cl ❑ ® ❑ Are the diffusers operational? ®❑ ❑ ❑ Is the foam the proper color for the treatment process? ®❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? a ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ®❑ Cl ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ® ❑ Are weirs level? ®❑ ❑ ❑ Is the site free of weir blockage? ®❑ ❑ ❑ Is the site free of evidence of short-circuiting? ®❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ® ❑ Is the return rate acceptable (low turbulence)? ®❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ®❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) ❑ ❑ ❑ Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ ❑ Cl ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Page # 4 Permit: NCO073741 Owner - Facility: Mountain Valley WWfP Inspection Date: 02/25/2009 Inspection Type: Compliance Sampling Flow Measurement - Effluent Yes No NA NE Is the flow meter operational? ®❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ® Cl ❑ ❑ Comment: Flow meter was calibrated 8/28/08. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: ®000 2 H 0 0 0 ❑❑❑ ®❑00 ®❑ ❑ 0 ❑ ❑ ® ❑ ®❑ ❑ ❑ ®❑ 0 0 ®0❑0 2 Page # 5 EF,+r'AE COPY Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION September 30, 2008 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah, NC 28729-0679 SUBJECT: Compliance Sampling Inspection Mountain Valley WWTP Permit No: NCO073741 Henderson County Dear Kilpatrick: . Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on September 18, 2008. The facility was found to be in Compliance with permit NC0073741. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 ext.4662. Enclosure I = G:\WPDATA\DEMWQ\Henderson\73741 Mountain Valley\73741 CSI 2008.doc Sincerely, Wanda P. Frazier Environmental Specialist None Carolina Ntcrra!!y 2090 US Hwy 70, Swannanoa, NC 28778 Customer Service 1-877-623-6748 Telephone: (828) 296-4500 Fax: (828) 299-7043 United States Environmental Protection Agency Form Approved. E n A 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 2 ! 53I NCO073741 U 20L - 1819J Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------Reserved-------- 671 1.0 169 70 i 3 71 U 72 U 73 W 74 751 I I I 11 I 180 t�l Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 12:10 PM 08/09/18 06/01/01 Mountain Valley WWTP Exit Time/Date Permit Expiration Date NCSR 1171 Etowah NC 28729 12:50 PM 08/09/18 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(ow Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ . 0 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date o3� n� EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 d NPDES . yr/mo/day Inspection Type 1 3I. NC0073741 I11 12I 08/09/18 I17 18'_, Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) At the time of the inspection, the facility was producing a clear effluent, indicating compliance with permit limits. Effluent samples were taken. Results will be forwarded, if found to be non -compliant. The facility appears to be properly operated and well maintained. Page # 2 Permit: NCO073741 Owner - Facility: Mountain Valley WWTP Inspection Date: 09/18/2008 inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? Q ❑ ® Q Is the facility as described in the permit? ®C1 0 O # Are there any special conditions for the permit? ❑ ■ 0 Q TO Is access to the plant site restricted to the general public? ®11 Is the inspectorgranted access to all areas for inspection? ®� Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®� Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® Q ❑ 0 Judge, and other that are applicable? 'Comment: Page # 3 WC DWO La6oratory Section Wesults County: HENDERSON Sample ID: AB35701 River Basin FRB b�„ �� PO Number # ARO Report Re p AROSP xv` `�"�j;, Date Received: 0911812008 v Collector: W FRAZIER g' t Time Received: 15:55 Region: ARO 4 Labworks LoginlD KJIMISON Sample Matrix: WASTEWATER Date Reported: 10/3/08 Loc. Type: EFFLUENT Report Generated: 10/03/2008 Emergency Yes/No COC Yes/No Visi Loc. Desc r. MOUNTAIN VALLEY WWTP / Location ID: NCO073741 Collect Date: 09118I200$ Collect Time:: 12:10 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations B1-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL B2-Counts from all filters were zero. NE -No established PQL_ �.-:.-,:.:-::.�,�..,.;; ; ,_.,., -..,; ,.,, _._,��__„_• _ _ P-Elevated PQL due to,matriX`intertience andlorsample dilution: s 3'' B3- Countable membranes with more than 60 or 80 colonies; Estimated >� Q1-Holding time exceeded prior to receilftattati.' B4-Filters have counts of both >60 or 80 and < 20; Estimated - B5-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded ollow pp pp J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitation ino 7bj;toThngj ueins(jjJmeEse 'tiv U- Samples analyzed for thi - u no a ec a VVJ3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed for tpound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated off l _ � �� N1-The component has been tentatively identified based on mass spectral library search and has an estimated value cT J WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE ARO t Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699.1623 (919) 733-3908 w Page 1 of 2 Sample ID AB357O1 NC DWQQ .Laboratory Section ResultsLocation ID: NC0073741 Collect Date: 09/18/2008 Loc. Descr.: MOUNTAIN VALLEY WWTP Collect Time:: 12:10 Visit ID CAS # Analyte Name PQL IMPsult " Qualifier Units Analyst/Date Approved By (Date Method Reference 9118108 9119/08 BOp5 tDay in liquid 2.0 2,, U mg/L KJIMISON MOVERMAN Method Reference APHA52108 9/18/08 10/2108 (Alfioim_ MF?Fecal liquid 1 1" B2 CFU/100ml KJIMISON MOVERMAN Method Reference APHA92220-20th 9/18/08 9/25/08 FtesidusL usp'e�d� Cn liquid 6.2 mg/L KAMISON MOVERMAN Method Reference APHA2540D-20th 9/23/08 1012/OB Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 , 7 SI'd , COUNTY I / RIVER BASIN: Er REPORTTO ' ' Regrional Office Other COLLECTOR(S) Estimated BOD Range: Sued: __.L ! Chlorinated: V BOD 310 mg/L COD High 340 m�L COD Low 335 mg/L Coliform: MF Fecal 31616 /100 Coliform: MF Total 31504 1100ml Coliform: tube Fecal 31615 / I oom[ Coliform: Fecal Strep 31673 /loom[ Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4.5 436 _ mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU Coliform Total Tube /100 ml COMMENTS: DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality SAMPLE TYPE PRIORITY � El AMBIENT 0 QA El STREAM [j;j4FFLUENT COMPLIANCEF7 CI4AIN OF CUSTODY LAKE 17INFLUENT EMERGENCY VISIT ID ESTUARY Station Location: z oohZw( Remarks: Time Begin I Time End I Depth - DM, DB, DBAI Value Type - A, H, L Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color: True 80 C.U. Color: (pH ) 83 PH. C.U. Color: pH7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 7 1880 mg/L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 umhos/cm MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids mg/L NH3 as N 610 mg1L TKN an N 625 mg1L. NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K Potassium mg/L Cd- Cadmium 1027 ug/L Cr-Chromium:Total 1034 ug/L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb-Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium ugIL Ag-Silver 1077 ug/L AI -Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Mo-Molybdenum ug/L Sb-Antimony ug/L Sn-Tin ug/L TI-Thallium ug/L Ti-Titanium_ ug/L Hg-1631 ng/L 3',-167I Lab Number Date Received Time Received: Received By :. Data Released Date Reported Composite-T, S, B I Sam Je Type Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 ntt/L Arsenic:Total 1002 ug/L Se- Selenium 1147 . ug/L Hg-Mercury71900 ug/L Ba-Barium ug/L Organochlorine Pesticides Organophosphorus Pesticides Organonitrogen Pesticides Acid Herbicides Base/Neutral&Acid Extractable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplankton Temperature on arrival (°C): l AMA NCDENR North Carolina Department of Environment and Natural Resources ,Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 26, 2011 Veolia Water North America Represented by Tom Kilpatrick & Associates Tom Kilpatrick, Manager / ORC P.O. Box 679 Etowah, North Carolina 28729 Dee Freeman Secretary Subject: Issuance of NPDES Permit Permit NCO073741— Class 2 Mountain Va11ey.Subdivision WWTP Henderson County Dear Mr. Kilpatrick: The Division of Water Quality (the Division) hereby issues the attached NPDES permit for the subject facility. We issue this permit pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. The Division understands that you have made no significant alterations to your wastewater treatment facilities during the previous permit cycle. Based on your renewal application received March 13, 2010, we have therefore made only minimal changes to your permit by updating your facility map, treatment - component description, and adding parameter codes to the effluent monitoring page. We have also added a footnote regarding compliance to Total Residual Chlorine [see Section, A. (1.)]. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the'form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, I_ o9l � cal rsa.�7599yf � Unless such a demand is made this permit shall be final and binding.., 5..• U 1( 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 —I .Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 O T QU I.ITY SECTION Phone: 919-807-63001 FAX: 919-807-fi.4921Customer Service: 1-877-623-6748 � �= N �ffoiAL OFFICE Internet: www.ncwaterquality.org q 1; �l NLf klliti An Equal Opportunity 1 Affirmative Action Employer This permit is not transferable except after notifying the Division of Water Quality. The Division may require permit modification, or revocation and re -issuance. Please note that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. If you have questions, or if we can further assist you, please contact Joe Corporon at fioe.corporon(a,ncdenr.gov] or call (919) 807-6394. H. Sullins Enclosure: NPDES Permit NCO073741 (FINAL) hc: Central Files NPDES Program Files AROQISWP.S Attu Keith`Ha_Les- ec: CG&L Attn: Kim Colson 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX 919-807-64921 Customer Service: 1=877-623-67h Intemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer o� W A O�rFR9G O S Nonene rthCarolina ' IN aturall� Permit NC0073741 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 (NEDES) 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, Veolia Water North America is hereby authorized to discharge wastewater from a facility located at the Mountain Valley Subdivision WWTP NCSR 1171 east of Etowah Henderson County to receiving waters designated as the French Broad River 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, July 1, 2011 This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day May 26, 2011. By Authority of the Environmental Management Commission t Permit NC0073741 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 anddischargefrom this facility arises unc}er the permit conditions, requirements, terms, and provisions included herein. Veolia Water North America is hereby authorized to: 1. continue to operate an existing 0.024 MGD extended -aeration wastewater treatment plant (WWTP) to treat 100 % domestic wastes, consisting of • aeration basin • clarifier sludge holding basin • chlorine -contact chamber with tablet chlorination • dechlorinator (tablet) • effluent flow meter • sludge -holding basin located east of Etowah at Mountain Valley Subdivision, off NCSR 1171, in Henderson County, and 2. after applying for and receiving an Authorization to Construct permit from the Division of Water Quality's Construction Grants and Loans (CG&L), construct additional facilities to increase plant capacity up to 0.040 MGD, and after submitting to the Division an Engineer's Certification Form, 3. discharge from said treatment works, at the location specified on the attached map, into the French Broad River [stream segment 6-(47.5)], a waterbody currently classified WS-IV', B within subbasin 04-03-02 of the French Broad River Basin. 4: 1 ` ! Horse Shoff —fir US Hwy 64 + Ir- V i 7 ri �-• �%1 1 . � �� � � � �.'� r S F; ) 'i 8 i r' s7 � � J 1 9 .� i°� \ c.IFT) ! , r alp i� • • �y •. r. P ° J �� . . • ; j F,, ` Approximate .t _��< <{; l / •{. i Subdivision Boundary KO.Vl4"' • �I rt7"s� ° $tr r 'z 1i. Wr d� yr it } Y • f Y p7'k�. • • W � •.� i11 Y °�/� t 'Sli t =„6 $f J J„ r � '• ° -�.�f � �Y ♦BY t ° f� •l�� a: P j $ 7a., � �r �r.; r tit ro � '� s�+�a' =p�� $ r � t�x7 S sP :k„„: 4 h 1 1 s �I • y �%y3 1 S ! x wi N 6 ��i t7/ )') j� VYx + • ± 3 t ■ t Ifr 7s f a r. i ,� � '� _� ''�s � / � i, err � YS 1 a; 4. • • • g ' � � rt3 •�t � �. ti :r � a 1 ��'.. �`. .. ..,. 4 �', rays:.. • ' � � � _ � �°j Outfa11001 �` �� • ' /�,n� T- (flows north) LY�� U ,+�� • s��i =_ • / ° ♦ �S. � '� b p,. �� Si 1 !�. � } y3 � 4Y (�'°r lVe�^� �q�1+�, xs �`nt A;s'. �\` `� � i S'� 3' `� �.k J m4.� �r � �"$'ix" a,y r«; 4f.. •L3,j �'. French Broad River ..• ! k res • ° /��c� ______` J -' t1205 ` i1n�P Veolia Water North America Mountain Valley Subdivision WWTP State Grid / USGS Quad: F 8 SE / Horse Shoe, NC Stream Class: WS-IV, B Latitude: 35' IS' 55" N Longitude: 82° 34' 43" W Receiving Stream: French Broad River[sgmt 6-(47.5)]; Sub -Basin: 04-03-02 Drainage Basin: French Broad River Basin HUC: 06010105 Facility a' Location (not to scale) N lth NPDES Permit NCO073741 Henderson County Permit-NC0073741 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning upon expansion above 0.024 MGD and lasting until expiration, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: _ ,,. „ ,...... ~EFFLUENT '- CHARACTERISTICS {Parameter:Cotles]' {: LIMITS MONITORING REQUIREMENTS _ Monthly ; Average i Daily r Maximum : Measurement Frequency' Sample Type Sample ;Location [50056] Flow 0.040 MGD Continuous Recording Influent or Effluent [C0310] BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [00400] pH Not < 6.0 nor > 9.0 standard units Weekly Grab Effluent [31616] Fecal Coliform (geometric mean) 200/100 nil 400/100 nil Weekly Grab Effluent [00010] Temperature (°C) Weekly Grab Effluent [C05301 Total Suspended Solids . 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [50060] Total Residual Chlorine 28 µg/L 1 2/Week Grab Effluent [C0610] NH3 as N 2/Month Composite Effluent Footnotes: 2. Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 501tg/L to be compliant with this permit. However, the. Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. Condition: The Permittee shall discharge no floating solids or foam visible in other than trace amounts A. (3.) ENGINEERING ALTERNATIVES ANALYSIS (EAA) Prior to constructing additional facilities, the Permittee shall submit a letter justifying the need for additional flow. The Permittee. shall also prepare an Engineering Alternatives Analysis (EAA) to evaluate surface discharge alternatives, in compliance with the Division's guidance document for EAA's, to include the feasibility of a non -discharge system on adjacent property. Permit NCO073741 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration or expansion above 0.024 MGD, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: a 1 EFFLUENT CHARACTERISTICS. [Parameter Codes] LIMITS. MONITORING REQUIREMENTS Monthly Average Daily Maximum . Measurement- Frequency Sample Type Sample- Location [50050] Flow 0.020 MGD Continuous Recording Influent or Effluent [C0310] BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [00400] pH Not < 6.0 nor > 9.0 standard units Weekly Grab Effluent [31616] Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent [00010] Temperature ('C) Weekly Grab Effluent [C0530] Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent [50060] Total Residual Chlorine 28 µg/L 1 2/Week Grab Effluent [C0610] NH3 as N 2/Month Composite Effluent Footnotes: l . Total Residual Chlorine (TRC) monitoring is required only if chlorine is used by the facility for primary or backup disinfection. Because of difficulty quantifying TRC in a wastewater matrix, the Division will consider all North Carolina -certified test -method values reported below 50µg/L to be compliant with this permit. However, the Permittee shall continue to submit all values reported above the test -method minimum detection limit, even if these levels fall below 50µg/L, and use these actual values when calculating averages, if any. Condition: The Permittee shall discharge no floating solids or foam visible in other than trace amounts PDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 PDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 1012912010 PDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 1012912010 PDES Permit Standard Conditions Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. Version 1012912010 PDES Permit Standard Conditions Page 5 of 18 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]• 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 PDES Permit Standard Conditions Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 PDES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 1012912010 PDES Permit Standard Conditions Page 8 of 18 b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance With NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of -sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 PDES Permit Standard Conditions Page 9 of 18 measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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; Version 1012912010 PDES Permit Standard Conditions Page 10 of 18 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 PDES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. 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 11. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. Version 1012912010 PDES Permit Standard Conditions Page 12 of 18 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. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 PDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any 'discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment, system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 PDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)] TntarfPrPncp Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 PDES Permit Standard Conditions Page 15 of 18 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in -Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 PDES Permit Standard Conditions Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SILT. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 PDES Permit Standard Conditions Page'17 of 18 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the, HWA. [1'5A NCAC 2H.0909,.0916, and .0917; 40 CFR 403.51403.8'(f) (1),(iii); NCGS 143- 215.67 ,6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment, facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-215.1 (a) (8)] 7. POTW Inspection & Monitoring of their lUs 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 b ' y industrial users, compliance with applicable, pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403-.8(f)(2)(v)j The Permittee must: a. Inspect all Significant, Industrial. Users (SlUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SlUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January I through June 30 and once during, the period from July I through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types 40 CR 1363(a), Tables IC, ID, and IF, as amended. pes of compounds listed in F - 8. IU Self Monitoring and Reporting 'The Permittee shall require, all industrial users, to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.121 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 forthin 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the, Division. [15A NCAC 2H.0906(b)(7) and .0905 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing, its pretreatment activities over the: previous twelve months to the Division at the following address: NC DENR / Division of Water Quality /,Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Servke Center Raleigh, North Carolina 27699-1617 These reports shall be, submitted according toa 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 SignificantIndustrialUsers (SlUs) in Significant Non-Comphance (SNC); Version 1,012912010 PDES Permit Standard Conditions. Page 18 of 18 b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Slgilificant. Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division d) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both 'the POTW and the Significant Industrial User (SIU) in SNC.'These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information. Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of 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. [15A NCAC .2H .0903(b)(35), .0908'(b)(5) and .0905 and 40. CFR 403.8(f)"(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shal be governed by 40 CFR 403.18, 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 1012912010 t NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director TOM KILPATRICI MANAGER AND ORC TOM KILPATRICK AND ASSOCIATES PO BOY 679 ETOWAH NC 28729 .Dear Mr. Kilpatrick: Dee Freeman Secretary May 13, 2010 Fj. 1 4 2010 WATER ER QUALITY SECTION ', , A•SI'=�!ILLE RL"G ONIAL OFFICE Subject: Receipt of permit renewal application' NPDES Permit NCO073741 Mountain Valley WWTP Henderson County The NPDES Unit received your permit renewal application on May 13, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit -renewal. You should expect to receive a draft permit approximately 30-45 days before your -existing permit expires. If you have any additional questions concerning renewal of the subject permit; please contact Joe Corporon at (919) 807-6394. Sincerely, L.�� jjo'� Dina Sprinkle Point Source Branch cc: CENTRAL FILES A>shevi]Le�RegiQnal�O"fftce/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NofthCarolina W111rdly 4�1 I P0<8oxi679: . Etowah, NO 26729' 82"GO-4810 May 7 20 f 6" " --- z D)UGLoYE Mrs Dina Sprinkle s NCDENR/DWQ/Point Source Branch . d ` MAY 7 4 201110 1*617 _Mail Services Center s Raleigh, NC 27699-1617 - Re: NPDES Permit Renewal Application.. NPDES Permit # NCO073741 Mountain Valley Subdivision Henderson County Dear, Mrs. Sprinkle: Please consider this a request for renewal of the subject NPDES permit. A completed Short Form D (the original and two copies) is enclosed. There have been no changes made to the facility- since the last renewal. Sludge- generated at the WWTP is pumped and hauled by a commercial hauler (Goldie and Associates) to a Class IV facility (the City of Hendersonville WWTP) in Henderson County for additional treatment and final disposal. If you:have any questions or need additional information, please feel free to call me at 828-890 4810. Sincerely,. Tom Kilpatrick Manager & ORC cc; Carol -Rogers, Veolia Water North America Operating Services NPDES Al 1CATION FOR PERMIT RENE-:..L - FORM D For:privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 0073741 If you"are co. mpleting this form in computer use the TAB key or the up - down arrows to move from one field -to the next. To check`the boxes, click your mouse on top of the box. Otherwise, please print or type. Y. Contact Information Owner Name Facility Name Mailing Address City State / Zip Code Telephone- Number Fax Number e-mail-Address VEOLIA WATER NORTH AMERICA MOUNTAIN VALLEY SUBDIVISION WWTP P. O. BOX 679 ETOWAH NC 28729 828 890-4810 [ d (828)890-4810 AI AV 1 A pn1 I i twklca morrisbb.net 2.­L06 Ionof-facility producing discharge: Cleck,here if same address as above ❑ Street Address or State Road NCSR 1171 City east of ETOWAH State / Zip Code NC 28729 County HENDERSON WATER QUALITY SECTION ,r• ASHEVILLE REGIONAL OFFICE � S 3. °Operator- Information: Naive- of -the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name TOM KILPATRICK & ASSOCIATES Mailing'A'ddress P.O. BOX 679 City State / Zip, Code Telephone Number Fax Number ETOWAH D, NC 28729 (828)890-4810 (828)890-4810 DENR-WrTE OUAI_IiY POINT SOURCE BRANCH 1 of Form=D 1/06 NPDES, Al 4CATION FOR PERMIT RENE' . cL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 4: Description of wastewater: Facility-Generatina Riastewater(check all that applyr Industrial Number of Employees /Vo n e --3 Commercial 2 Number of Employees Residential Number of Homes 60 School ❑ Number of Students/Staff _ Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 1.00% domestic sources r Nr. Population served: 100 + - 5." -Type of collection system M' - Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Oudi Information: Number of separate discharge points 1 Outfall• Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name :of receiving streams) (Provide a map showing the exact location of each outfallp. FRENCH BROAD RIVER S_ . Frequency -of Discharge: ® Continuous ❑ Intermittent if.interrriittent: Days^per week discharge occurs: Duration: _ 9D.escrilie the'treatment system List all ih.§talled,components, including capacity, provide design removal forBOD, TSS, nitrogen .and Phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. ERisting`Treatment. System: 1. Aeration $asin; 2. Rectangular Clarifier; 3. TabletFeed .Chlorinator,, Chlorine Contact Chamber; 4' Tablet Feed -De Chlorinator; -5.'Efflueut Flow Meter;. 6. =Sludge Holding Basin. 2 of 4 Form-D 1'/06 NPDES AU - ICATION FOR PERMIT RENE 1L - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD 10. Flow Information: Treatment Plant Design flow 0.025 MGD Annual Average daily flow 0.007 MGD (for the previous 3 years) Maximum daily flow 0.012 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BOD5) 34 18 mg/1 12 Fecal Coliform 1 1 col. / 100m1 5 Total Suspended Solids 17 12 mg/l 5 Temperature (Summer) 24 22 C 4 Temperature (Winter) 8 7 C 4 pH 7.1 6.9 S.U. 5 13. -List all- permits, construction approvals and/or applications: Type Permit Number Type Hazardous.. Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD.(CAA) Non -attainment program (CAA) NCO073741 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best- of my knowledge -and belief such information is true, complete, and accurate. TOM KILPATRICK Manager and ORC Printed' name of Person Signing Title 3 of 4 Form-D 1/06 NPDES Al _-ACATION FOR PERMIT RENE..L - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Signature, North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required- to be maintained under Article 21 or regulations of the Environmental Management Commission implementing- that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1 /06 l�at�s� Aasoceates .s4 May 7, 2010 Sludge Management Plan For Mountain Valley Subdivision WWTP .0 Boz 679 towah; NC 28729 82846o 4g10 Sludge generated at the Mountain Valley WWTP is pumped and hauled by a commercial hauler (.Goldie-and Associates) to a Class IV facility (the City of Hendersonville WWTP) in Henderson County for additional treatment and final disposal. Tom Kil1krick Manager & ORC Ahl� tI 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 December 14, 2005 Mr. Tom Kilpatrick Veolia Water North America Operating Services P. O. Box 679 Etowah, NC 28729 Subject: Issuance of NPDES Permit NCO073741 Mountain Valley Subdivision WWTP Henderson County Dear Mr. Kilpatrick: I D EC 1 6 2005 -- _I U.1 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on October 12, 2005. Please be aware of the following changes found in this permit that are not contained in the current permit: • A Total Residual Chlorine (TRC) daily maximum limit has been added; however the limit will not become effective until July 1, 2007 (18 months following the effective date of the permit). 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 legalrequirements 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 �TOne 512 N. Salisbury St., Raleigh, North Carolina 27604 NOfthCar011na Phone: 919-733-7015 / FAX 919-733-2496 / Intemet:: h2o:enr.state.nc.us, yr l An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper vVatu` a" ly Mr: Tom Kilpatrick NPDES Permit NCO073741 Renewal p2 If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 733-5083, extension 547. Sincerely, �2Alan W. Klimek; P.E. cc: Central Files NPDES Unit I Permit NCO073741 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations .promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control -Act, as amended, Veolia Water North America. Operating Services is hereby authorized to discharge wastewater from a facility located at the Mountain Valley Subdivision. NCSR 1171 east of Etowah Henderson County to receiving waters designated as the French Broad -River 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, 2006: This permit and authorization to discharge shall expire at midnight on November 30, 2010. Signed this day December 14, 2005. Alan W. Klimek, P.E.,.Directo.r Division of Water Quality By Authority of the Environmental Management Commission I Permit NCO073741 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. Veolia Water North America Operating Services is hereby authorized to: 1. Continue to operate an existing 0.020 MGD extended aeration wastewater treatment system consisting of the following components: ♦ Aeration basin ♦ Clarifier ♦ Sludge holding basin ♦ Tablet chlorination ♦ Effluent flow metering The facility is located east of Etowah at Mountain Valley Subdivision off NCSR 1171 in Henderson County. 2. After receiving an Authorization to Construct from the Division. of Water Quality, construct additional facilities to increase plant capacity up to 0.04 MGD. 3. Discharge from said treatment works at the location specified .on the attached map into the French Broad River, classified WS-IV, B waters in the French Broad River Basin. Permit NCO073741 A. (1.) . EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS = FINAL During the period beginning on the effective date of this permit and lasting until expiration or expansion above 0.02 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:, <Y'✓ ='� ifi- z}, M EFFLUENT,,�hx s ftr :is"" t . p= LIMITS a a MONITORINGREAUIREMENTS 6xM tmu f a ti k,r t o ;i.'� , " *� : i 2 d '4 - !,� _�. 3 z fC x, r _ II i f ;CHARACTERISTICS 4�-` e7,a3• - �, ��x�'4 d f x Dait �=�` ��� Measurement � �, �-Sam fe �' ampi �, p, �requericy �' �$ Typ , � t,'f.x,u'`c +.. d.. ''.C.tA i✓r. a�ge�R.- ��`Maximum�� Flow 0.02 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine' 28 pg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Weekly Grab Effluent pH2 Footnotes: 1. The Total Residual Chlorine limit will become effective on July 1, 2007 (18 months following the effective date of the permit). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standaid units. There shall be no discharge of floating solids or visible foam in other than trace amounts ;Z/— H-6rse D3 g, ..... .. . ... to I n4l\ p 0 4 0 Facility Information U 126 81 U oil WIN Latitude: 35'18'55" Sub -Basin: 04-03-02 Longitude: 8234'13" Quad Name: Horse Shoe Stream Class: WS-IV, B Receiving Stream: French Broad River 0 7- 'a01 111�-W?i�� -I'M l �,;gi ugm Facility e 2"a OA rl o, NtE Location k ti Mountain Valley Subdivision No rth NCO073741 Henderson County Permit NC0073741 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning upon expansion above 0.02 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT t 'x� " s ; A v ,t` ,kg , MONITORING REQUIREMENTS CHaARACTEaISTICS �L'IMITSy, , d ti MN ; Monthly �JDaily `rrMeasurement Samplefi , ;y 4Sample Location r°Y Averagerrx)Naxamum Frequency` TYPes .... , L` Flow 0.04 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N 2/Month Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml . Weekly Grab Effluent Total Residual Chlorine 28 tag/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent pH1 Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts A. (3.) ENGINEERING ALTERNATIVES ANALYSIS Prior to construction of additional facilities, the permittee is required to submit a letter of justification to show that the additional flow is needed and that a non -discharge system on the adjacent property is not feasible. An Engineering Alternatives Analysis (EAA) shall be prepared in compliance with the Division's guidance document for EAA's. State of North Carolina a Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director March 30, 2001 r. Kent Richardson VIL Culligan Operating Services, Inc. 14950 Heathrow Forest Parkway Suite 200 Houston, Texas 77032 Subject: Dear Mr. Richardson: M�w W W �Wf NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND. PtATURAL_RESOURCES- fl } APR 9 2001 NPDES Permit Modification — Name/Ownership Change Permit NCO073741 Culligan Operating Services Inc. (Formerly Blue Mountain Urtilities, Enc.) Henderson County In accordance with -your request received February 26, 2001', the Division is forwarding the subject permit modification. This modification documents the (change in name/ownership at the subject facilityS' AIMbther tcrins;land conditions in the original permit remain unchanged and in full effect.- This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement betvaeen Norrth Carolina and the U. S. Environmental Protection Agency dated December 6, 1983: If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request-within'thirtyi((30) days following receipt of this letter. This request must be a writtnen petition conforming to Chapter 150B of the Nortdh Caroluna General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolinta 27611-7447. Unless such demand is made, this decision shall .be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by tlhe Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Locall government permit that may be required. If you have any quiestions concerning this permit, please contact Valery, Stepheens at the telephone number or address listed below. Sincerely, CW' err T. Stevens cc: Central Files Asheville Regiona ]Offce, Water Quality Section NPDES Unit Point Source Compliance Enforcement Unitt 1617 Mail Service Center, Raleigh, North Carolina 27/699-1617 919 733-5083, extension 520 (fa)x) 919 73340719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/ Valery.Stephens@ncmail.net CC , s emit Number NCO073741 f STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Culligan Operating Services, Inc. is hereby authorized to discharge wastewater from a.facility located at Mountain Valley Subdivision NCSR 1171 East of Etowah Henderson County to receiving waters designated as French Broad River 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 March 30, 2001. This permit and authorization to discharge shall expire at midnight on November 30, 2005. Signed this day March 30, 2001. A (, �Q(yKerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment • and Natural Resources Aw-ft Division of Water Qualityvwhm� James B. Hunt, Jr., Governor ACDENi Bill Holman, Secretary NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director IVIRONMENT AND NATURAL RESOURCE PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number: NCO073741 (Mountain Valley WWTP) 1. Permit holder's name: Blue Mountain Utilities. Inc. 2. Permit's signing official's name and title: Tom Kilpatrick (Person legally responsible for permit) Vice President (Title) 3. Mailing address: P.O. Box 679 City: Etowah State: NC Zip Code: 28729 Phone: (828) 891-8165 E-mail address: ddenvirO-citcom.net IL NEW OWNER/NAME INFORMATION: 1. This request for a name change is a result of: a. Change in ownership of property/company b. Name change only X c. Other (please explain): To put the NPDES Permit in the name of the legal Owner New owner's name (name to be put on permit): Culligan ODeratina Services, Inc. 3. New owner's or signing official's name and title: w. Chrigtopher Chisholm (Person legally responsible for permit) _Vice President Send to: Kent Richardson (Title) 4. Mailing address: 14950 Heathrow Forest Pk,,Viy_. Houston State:_ X Zip Code: 77032 Phone:( 281 ) 985-5439 E-mail address: RJcharKS@jj,-,fj1ter.com 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919)733-5083 An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post -consumer paper ZO'd ttE:9-990 616 aZ)LA-kas dO NV0I11r10 dSl:tO TO-£Z-clad 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: This completed application form Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) For changes of ownership, this form must be completed and signed by both the current permit holder and the new owner of the facility. For name change only, the current permit holder must complete and sign the Applicant's Certification. Current Permittee's Certification: 1, ,� t �� �S'; r i� , attest that this application for 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. Signature: ,� Date: Applicant's Certification: ri Si0 kv, Ck'Sko Ivvl , 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 returoq -3s4ncgmplete. Signature THE COMPLETED APPLICXnON PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS: NC DEN R / DWQ NPDES Unit 1617 Mail Service Center Raleigh, North Carolina27699-1617 Version 9-99 £o,d VvE:9-993 616 0:3Ln.Aas dO NVUIiino dsi:vo io-£t-qaA t STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1132. BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Blue Mountain Utilities Inc., 1 King ) Road, Pisgah Forest, North Carolina, for Authority ) to Transfer the Franchises to Provide. Water and/or ) Sewer Uiility Service in Buffalo Meadows ) Subdivision in Ashe County, Skyview Park ) ORDER CLOSING Subdivision in Gaston County, Kirk Glen and Rolling ) DOCKET Acres Subdivision in Buncombe County, and ) Hunter's Glen and Mountain Valley Subdivision in ) Henderson County, North Carolina, from Culligan ) Operating Services, Inc., and for Approval of Rates ) BY THE COMMISSION: On April 19, 2000, an Order was entered approving the application for transfer of the Certificates of Public Convenience and Necessity and the utility assets to provide water and/or sewer utility service in Buffalo Meadows Subdivision in Ashe County,- Skyview Park Subdivision in Gaston County, Kirk Glen and Rolling Acres Subdivision in Buncombe County, and Hunter's Glen and Mountain Valley Subdivision in Henderson County, North Carolina, om Aga Ojeating enriae ,= lue O'BEtataiM W&tilitid- 6— iblue Mountain) contingent upon Blue Mountain complying with the Commission's bonding requirements. On August 23, 2000, 9- a Moun ffiff d2�Eletter w+thz-the-C:ommissaon=advising=th'at it ` Qa fs_ order to complete the transfer,. Accordingly,. the Commission cone! -,des that the Order of April 19,.2000, should be considered null and void and the docket closed. IT IS, THEREFORE, SO ORDERED. ISSUED BY ORDER OF THE COMMISSION. This sf day of December, 2000. NORTH CAROLINA UTILITIES COMMISSION. Geneva S. Thigpen, Chief Clerk dh121900.01 NORTH CAROLINA DEPARTMENT OF (ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION August 3, 2000 Mr. Mike Dodson Mountain Valley Subdivision Number 1 King Road Pisgah Forest, North Carolina 28768 Subject: Permit Revision Mountain Valley Subdivision NPDES Permit Number NCO073741 Henderson County Dear Mr. Dodson: - The Division of Water Quality is recommending the reclassification of the French Broad River and Bent Creek from Class C to Class B. The Class B classification is assigned to streams whose best usage is determined to be recreational, including swimming. Extensive sampling of the French Broad River and Bent Creek revealed that they meet the Fecal Coliform requirements associated with the Class B classification. Your NPDES wastewater discharge permit is up for renewal in the near future. Your wastewater treatment plant does not presently provide effluent disinfection. Treated wastewater discharged to streams used for recreational purpose is required to be disinfected for human body contact recreation. We wanted to give you advanced notification that we plan to renew your NPDES permit with a time schedule by which you will be required to construct and place in operation reliable effluent disinfection facilities. If you would like to discuss this matter further, please contact Mr. Roy Davis or Ms. Linda Wiggs at 8281251-6208. Sincerely, Roy M. Davis Environmental Engineer ,y xc: Linda Wiggs INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 28BOT-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER SOC PRIORITY PROJECT: 1) No IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Susan Robson DATE: March 6, 1995 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Henderson PERMIT NUMBER NCO073741 PART I - GENERAL INFORMATION Fv 2. 3. 4. Facility and Address: Mountain Valley Subdivision Hydrologic, Inc. P. O. Box 18029 Asheville, N. C. 28814-0029 Date of Investigation: December 28, 1994 Report Prepared By: Paul White Persons Contacted and Telephone Number: Thomas J. Barr (not contacted)704-254-5169 5. Directions. to Site: Facility is located east of Etowah, about 1 mile south of Hwy 64 on SR 1171 ( Cummings Road) , adjacent to the west side of the road. The discharge point is about 50 feet behind the plant. 6. Discharge Point(s), List for all discharge points: Latitude: 350 18' 58" Longitude: 820 34' 44" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. F8SE U.S.G.S. Quad Name Horseshoe 7. Site size and expansion area consistent with application? Yes No If No, explain: Little if any area is available for expansion - at the current treatment plant site. However, additional area may be available near the subdivision. Page 1 %off 8. Topography (rel__ _.onship to flood plain ir,_<___,'_lded) : The treatment plant is at the foot of a ridge adjacent to the French Broad River. It is built on fill, but may be affected by 100 year f lood . 9. Location of nearest dwelling: 200 feet 10. Receiving stream or affected surface waters: French Broad River a. Classification: C b. River Basin and Subbasin No.-: 040302 C. Describe receiving stream features and pertinent downstream uses: Receiving stream flood plain is used for timber and agriculture. Uses of the receiving stream in the immediate area include aquatic and wildlife habitat, fishing, hunting, canoeing, and agriculture. The WS-IV protected area for the City of Asheville's proposed intake begins approximately 3.5 miles downstream. The Asheville Buncombe Water Authority has requested that this section of the French Broad River be reclassified to WS-IV. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted. Existing permit is 0.040 MGD (Ultimate Design Capacity) b. What is, the current permitted capacity of the Wastewater Treatment facility? 0.040 MGD C. Actual treatment capacity of the current facility (current design capacity 0.020 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: Permit WQ0000399 was issued on July 8, 1994 for sewers projected to contribute 6,850 gpd to the treatment system. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing facilities consist of a 5,500 gallon sludge holding tank; a 19,700 gal. aeration basin; an 84 sq. ft. clarifier with sludge return and a 7.5 foot weir at each end; a V-notch weir with continuous recording flow measurement; a 440 gal. chlorine contact chamber; and effluent discharge line to the French Broad River. f. Please provide a description of proposed wastewater treatment facilities: An A/C was issued September 14, 1990 for dual 20,000 gpd facilities, although the existing facility had already been constructed at that time. No expansion of facilities is currently underway. g. Possible toxic impacts to surface waters: Ammonia, chlorine, household chemicals. Page 2. h. Pretreatment Program (POTWs only): n/a in development approved should be required not needed 2. Residuals handling and utilization/disposal scheme: None specified. a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization- scheme (Specify): Contract operator typically contracts with septage hauler to pump sludge from facility on an as needed basis. 3. Treatment plant classification (attach completed rating sheet): II 4. SIC Codes(s): 4952 Wastewater Code(s) of actual wastewater, not particular facilities i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary 05 Secondary Main Treatment Unit Code: 0607 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? no 2. Special monitoring or limitations (including toxicity) requests: None 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) n/a Date Submission of Plans and Specifications Begin Construction Complete Construction Page 3 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Adjacent land may be available for spray irrigation. Connection to Regional Sewer System: Not feasible. Subsurface: Adjacent land may be available for subsurface disposal, however, failing septic tanks was listed as reason for applying for initial permit. Other disposal options: 5. Other Special Items: PART IV - EVALUATION AND RECOMMENDATIONS The facility was originally permitted for construction as a 40,000 gpd plant. Instead, a 20,000 gpd plant was installed. Revised plans and were received for dual 20,000 gpd plants and an engineer's certification was received for one 20,000 gpd plant. Based on this, a revised A/C, was issued on September 14, 1990 for dual 20,000 gpd plants. A sewer line permit was issued on July 8, 1994 for 6,850 gpd. The maximum monthly flow in 1994 was 7000 gpd- On October 29, 1992, the permit was transferred to Thomas J. Barr with HydroLogic, Inc. HydroLogic is also the contract operations firm. Asheville Regional Office files contain a document indicating that HydroLogic, Inc. received a Certificate of Public Convenience and Necessity to provide sewer service to 46 lots in Mountain Valley Subdivision. Design flows from 46 lots at 360 gpd/lot would be around 16,500 gpd. Apparently only a small portion of the lots are contributing flows. However, a conversation with Mr. Barr in 1993 indicated that other homes in addition to the 46 lots currently listed may need to connect in the future due to failing septic tanks. Since only 20,000 GPD of the 0.040 MGD permitted capacity has been constructed, it is recommended that only 20,000 gpd be viewed as "existing". Based on the low flows to date, the possibility of alternatives to discharge, and due to the fact that the existing treatment capacity is 20,000 gpd, it is recommended that justification for the requested flow be received prior to renewal of the permit at 0.040 MGD. Unless the flow can be justified, the permit should be renewed at 0.020 MGD. If the information received for the renewal in 1993 is still considered sufficient to renew the permit at 0.040 MGD, a separate effluent limitations page should be included for 0.020 MGD, as was done in the current permit. Page 4 Also, a requirement should be included for submission of plans and specifications for expansion, or justification for not expanding, when plant, flow reaches 800 - 900-o of. permitted capacity. Although the current permit now requires submission of plans and specifications for the next 20,000 gpd phase, it is recommended that this be further clarified since an A to C exists for two 20,000 gpd plants. Additional plans are needed since the ARO does not have adequate approved plans for the two plants, including flow splitting and flow measurement. Signature of Report Preparer ter QualAty'Regional Supeivisor Date Page 5 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO073741 PERMITTEE NAME: Hydrologic, Inc. FACILITY NAME: Mountain Valley Subdivision Facility Status: Existing Permit Status: Renewal Major Minor _1 Pipe No.: 001 Design Capacity: 0.04 MGD Domestic (% of Flow): 100 % Industrial (%, of Flow): ;1 Comments: RECEIVING STREAM: French Broad River Class: C Sub -Basin: 04-03-02 Reference USGS Quad: F8SE (please attach) County. Henderson Regional Office: Asheville Regional Office Previous Exp. Date: 7/29/93 Treatment Plant Class: H? Classification changes within three miles: Z- ]G-73 Requested by: n/ Susan Robson Date: 1-97' 9� Prepared by:: t / Date: Reviewed �6 J ( �� Date: 1-4 a Modeler I Date Rec. I # .TM AJ i 6 A 3 1 7.3 FMAY - 61993 2 - VVNIL'K UUl3Lil`," JtL wiv Drainage Area (mi ) 3/ J Avg. S_trora: e flow (cfs � 7Q10 (cfs) .22� Winter 7Q10 (cfs) .2-77 30Q2 (cfs) %/ 7 Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters Upstream Location Downstream Location Effluent Characteristics Summer Winter BOD5 (mg/1) NH3-N (mg/1) D.O. (mg/1) hr TSS (mg/1) 00 F. Col. (/100 ml) h� pH (SU) Comments: Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Hydrologic -Mountain NCO073741 Domestic - 100% Existing Renewal French Broad River C 040302 Henderson ARO Robson 2/16/93 F8SE Request # 7339 Valley Subdivision Stream Characteristic: US GS # Date: Drainage Area (mi2): 318 } Summer 7Q10 (cfs): 226 ; Winter 7Q10 (cfs): 277 Average Flow (cfs): 1046 30Q2 (cfs): 417 IWC (%): Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing NPDES permit. ARO indicates that only 50% of permitted flow has been constructed and plant currently averages 1600 gpd of flow. They request that Hydrologic provide justification of the need for the additional 20,000 gpd permitted to them. Model results indicate that secondary limits would protect at both flows. Special Schedule Requirements and additional comments from Reviewers: Recommended by: Date: 4/5/93 Reviewed by n Instream Assessment: Regional Sup or. Permits & Engineerin RETURN TO TECHNICAL SERVICES BY: MAY 1993 APR 1 4.19M 2 Existina Limits: Wasteflow (MGD):. BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Temperature (C): Oil & Grease (mg/1): TP (mg/1): TN (mg/1): Recommended Limits: Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Temperature (C): Oil & Grease (mg/1): TP (mg/1): TN (mg/1): CONVENTIONAL PARAMETERS Monthly Average Summer Winter 0.040 30 monitor nr 30 nr nr monitor Monthly Average Monthly Average WQ or EL WQ or EL 0.020 30 EL monitor nr 30 EL nr nr monitor Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information 0.040 30 monitor nr 30 nr nr monitor EL WOR Parameter(s) Affected Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. .fin _N_ No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: Downstream Location: Parameters: Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No L j L�t�75 C �6�lVGC. If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. F I r a 9 r'. r� M_ M PM packagP sewage -I- P teat, ern lanlLs Effective Treatment for ... small municipalities subdivisions mobile home parks long-term construction sites r ' .. i i Weatherproof I I Hypochlorination Unit (fiberglass construction) Airlift Sludge Return Pump ` Electrical Blower/Motor Unit 1 Control Panel inWeatherproof housing f/ (Optional) Safety Grating )utlet (covers entire plant) Skimmer Return Jlagnesium anode Package Removable / Diffuser Assembly I Submerged Bar Screen (optional) I 8 r -ti115 Inllet i Wastewater Treall ent Systems DESIGN DATA t LN lJ J r., 1,., l J'013 N°, S8- 215 I. Estimated Flow and Runoff Period (a) Design basis = 40 000 gallons per day (GPD) per 124- hour (This information can be o tained from Purestream Guide for stimattng ewage Flows) (b) Estimated Daily Flow gpd per x units = gpd (c) Runoff period = hours (Runoff period is the number of hours per day in which total flow is received) II. Estimated Biochemical Oxygen Demand (BOD) Design standard - BOD is a measure of the strength of the waste, domestic sewage has approxi- mately 1. 98 pounds of 5-day BOD per thousand gallons of waste - based on 240 parts per million sewage strength. (a) Total pounds of BOD = Estimated Daily Flow x 1.98 lbs. BOD/l,000 gallons 4o, 000 gals/day x 1. 98 lbs. BOD/1, 000 gale = ? lbs. BOD/day. (b) If sewage strength is estimated to be other than 240 ppm, parts per million can be converted to pounds: pounds of BOD ppm BOD Estimated daily flow x 8. 34 lbs/gal'L. 000, 000 lbs of water Total pounds of BOD - ppm BOD x Estimated daily flow x 8.34 lbs/gal 1, 000, 000 lbs, of water Total pounds ppm x gpd x 8. 34 lb/gal. = 1, 000, 000 lbs, of water lbs. BOD/day, III, Air Requirements Design standard - common air supply design is 2, 100 cu. ft. of air per pound of BOD to be treated. (a) Total air required - 2, 100 cu.ft, x 60 lbsBOD/day = IGZ,"320 cu. ft. /day. 'Z Z, 32C7 cu. ft. /day = 1, 440 minutes /day = S.CJ cu, ft, /min. (CFM) (b) Air Supplied Air supplied by each blower Q positive displacement blower operating @ psi Oring pressure and a speed of AS RE4PUIRED rpm. 200 CFM per blower. (Air supplied is generally higher than air required - this is done to allow for intermittent operation of the sewage treatment plant during lower periods of flow) OUNAM PH1111; Inc. WASTEWATER TREATMENT EQUIPMENT P.O. Box 6115 Florence, KY 41042 Phone (606) 371-9898 037 IV. Aeration Chamber Design Design standard common aeration chamber loading is 15 lbs. of BOD per day per 1, 000 cu. ft. of aeration chamber. (a) Required volume = Total ounds BOD 15 _ lb BOD 5 (b) Supplied volume 4oi Qfo gallons V. Settling Chamber Design x 1,000 cu.ft. x 7.5 gal/cu.ft. x 1, 000 x 7. 5 = 40, 000 gallons Design standard - common settling chamber design is to allow for 4 hour retention of the daily flow if the runoff period (see section I) is 24 hours. If the runoff period in lees than 24 hours, allow for 2 1A hour minimum retention time during the runoff period. Est. daily flow x Settlina retention time x 24 hrs/da ka) Required volume :7 Z4 hoursjday Total runoff time 4i C gpd x 4- hr. s x 24 _ G J G7o gale 24 4 hre. (b) Supplied volume Gj Co-70 gallons. VI. Chlorine Contact. Chamber Design Design standard - common chlorine contact chamber design is to allow for 30 minute retention of the daily flow. As high as 2 - 3 hours retention time may be required based on the local re- quirements. (a) Required volume = Est. daily flow x Retention time (in minutes) 1,440 minutes ay _ 4o,ao0 gpd x �30 minutes — $3�- gallons (b) Supplied volume 83+ gallons. VII. Sludge Holding Chamber Design Design standard - common sludge holding chamber design is to allow for 2 cu.ft. of holding chamber volume per 100 gallons of daily flow. From 1 - 4 cu.ft. may be required based on local requirements. (a) Required volume = Chamber loading rate (in cu.ft. /100 gal) x 7.5 gal/cu.ft. x Est. daily flow. 2 cu. ft. x 7. 5 x 40, WO gpd Gi DOO gallons. (b) Su lied volum 100 pp e Cpi000 gallons Gi 000 Aerated Non Aerated VIII. Additional Design Data . ._ _ EQUIPMEDTT SPECIFICATION DATA - Design Flow"_ Plant Aeration Clarifier Blower Froth No. of No. of No. of Basic Gals/Day__•_�,�_• Model # Volume Volume Unit Control -Anodes Sludge Skimmers", Tank Weight '- y CFM HP GPM iIP_,v_ -_. _. _b . _ Puinps._-- 24, 000 .- ::. PT-24-5 24,000 4,000 120 `, 5 20 1/3 6 - 2- . - 1 ~_ 22,400. 25, 000 .^( PT-25-5 25, 000 4,170 125 , 5 - 20 1/3 6 2' 1 ��-- 23, 500- _ 26, 000_ ;; PT-26-5 26,000 4,340 130 = 5 20 1/3 6 = 2'., .'. 2 24,800 27, 000---­-- PT-27-5 • - -.- 27,000 ... _v . 4,500 _ ''- 135 5 20 1/3 6. 2 _.- 2 " 26,500 28,000. PT-28-5 28,000 4,670 140.. _ 5 20 1/3 5._ 2 "' .__ _. 2_.__ 28, 000 - 29,000 PT-29-5 29,000 4,840 145 5 20 1/3 6 2 2 - 29,400 __ 30, 000- __..__ PT-30 30,000 5,000 150,, 5 _ 20 1/3 . ___ r 8 2 __2 30, 500 35, 000 " " - .., =- PT-35-7 1/2 35, 000 5, 830 175 ' - 7 1/2 ' 30 1/3_ _ 8 2-� 2 - " `' 34, 400' - 200=-7 1%2 :, 30 1/3 ' 10 2 2 = _ 37, 360 - - 45, 000 :. �,-PT=45-7 - = -10------ 2-_-,-_. 1/2 ~� 45, 000 -- - 7.500 -- - 225 7 -1/2 - - 30-- 1/3 -2 2 50,000 PT-50-10 _ 50,000 8,340 250 10 40 1/3 10 2 2 43,600- 55,000%-,.• PT-55-10 ' 55,000 9,190 " 275 10 40 1/3 12- 2- 2 = 51,500 : 60,000 .".- PT-60-10' 60,000 10.000 300- 10 40: 1/3 12 2 2 56,000' 65, 000_­­_'­ PT-65-10-...._ -_... 65, 000-------, 10,845 .. ._ .. 325_._ 45 : 1/3.___ 12 2' _ 2 59,400:' 70,000 PT-70-15 70,000 11,690 350 _ 15 45 - 1/2 _.... 14 .._.. ,. 2.- _ -~- 2 _' J -. ' -- 62, (i00; _' 7' 75,000 PT-75-15 - 75, 000--- 12,500 375 - .15 50. 1/2--­ 14 ... ____.,_ 2_...2 .._...__.__- _a. _.._ 71, 800 ._ _.�.... _ 80,000 PT-80-15 80,000 13,540 400 15 60 1/2 16 2 2 74,600 85,000 PT-85-15 85,000 14,190 425 15 60 1/2-'. 16`.- - 2 2 77,800 =• 90,000 PT-90-15 90,000 15,000 450 15 60 1/2 16 2 2 80,800 95,000 PT-95-15 95,000 15,850 _ 475 15 60 1/2 18 2 2 84,000 100,000 •PT-100-15. 100,000 16,700 500 15 65 1/2 18 2 2 87,006 NOTEi All plants above 30,000 GPD will have clarifier hoppers that penetrate.the foundation pad. MIDI)NTAIN V46Ley Ill 86 -2 r5 4t1 I-u CHLCRINE CONTACT TANK' ANODE PACKAGE - OPTIONAL SAFTY GRATING 1 II FOR CATHODIC ALL TANK OPENINGS I.- 12 _ Q� PROTECTION (TYPI SLUDGE RETURN SERVICE GRATINGr I � MA.na.0 _ -• • B LINES I .IL GROUT RING T -- B L wIR »E KSR E-fIC AERATION 1 —: I t strc j i' • I �. _ —) tY Q RING CHAMBER I—L--7�- _ --- r 1 _ `- I� II - •.>.:I i L L j m / ` 7KIMMEa - J J II e I ! 1 �' i N RETURN LclEs f jQ- -- -� - -- Imo. '�r� I. 1p STa1JCT US/.� -,�L ��. 1`_I _ _� i— % F.i=V. I ; I TiEINFOa EW- 1 CLARIFIER /CHAMBER r A �1 • a' (Z \ - < ADJ EFFLUENT• FLOW CONTRC BAFFLE\ WEIR TROUGH FOR MI %ING OF CHLORINE 701LT10N PLAN VIEW SECTION B - 8 WEATHER PROOF CONTROL PANEL AIR LNE.S AND NCCESSAM CONTROL VALVES IASLUDGE RCTURNA SKIMMER PUMPS EER TANK SECTION SUBMERGED OPTIONAL HORIZONTAL REINFORCEMENT WEATHER PROCF WEATHER Fiia'F 214 RUC. DO.t BEAU CONTROL R% EL R SCREEN COMMINUTOR- J BLOWER MOTOR LCUT)d OF $ELd+DAR! ""' B R TOR - 3� --'--------L—"�►o'—o' �ci o c ' j�,(I-3u CP�i I-l►I17ni - — 2•C20_-oj -- - I r 'FOUNDATION PAD THICKNESS DETERMINED BY ENGINEER BA5ED ON COCAL SOIL CONOITION5 SECTION A - A PLANT DIMEN51O1`E5 I_ PLANT DESIGN DATA "MODEL NUMBER PT,—�o—� 000 14o 000 I Gpo o l rLno +�® K 4hLCPIh. -1�5 h�USIN�. W L_ j Ji I Wi Cl d 1.7 10 V I EOVNWT ONIIID i'� I I� OTHERS 1.0A'C MO UN YIHEN REOD I OPTgNAL FROTn CONTROL SYSTEM Z'AIRLIFT SKIMMER RS) le" orneKs) 2 TANK DRAT }lam � I I : �•� V ' � - A : I` �,ROVT fRLJ- K �" OTHERS' SECTION C - C 1 ®� industries ine_ PG17]TEELEATMENT ])STEM SEEWWA8RIAGE TREATMENT W/ CHLORINE CONTACT TANK REVISED DATE SCALE•l`ION E DATE-3/3C/78 F C t7 DR M-;Aien. Arvo M GENERAL DETAILS DRAWING NUMBER_" -- - -EA-35/55-T WC — MOUNTAIN VILLEY =: 020 88—V15 •mot; abTuop mloq 4Z ;o uoTavaaas a;nuTm Of uo pa*aq a" aaumToe *z8:1-T.ZOTgD TTK •E --- - •:Iv*Td ;o gs*d TesbaauT *T Xu*4 auTsoTq, aa;QoTPuT sagwnu buT#wsp saa;a OR *saaaaT aqy 'Z 'AOT; ubTaap Inoq 4Z uo pa**q as *amnion TTV 'T :agog -, -, -, -, r ST-OOT-i-d 000 00T - - . -.TT -.6 E-,S 9-,6 0-. t 0. 4Z 6-.LS i- - 0 - - 8-,6 O-,tt S-.6 6-,4 9-.6 0-.Zt 0-.4Z 6-.4S Si 054 088'T 000'ST 000'06 r Si-06-Jd 000 06 _, -,- -, -, -, -, -. 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T C--EE S SET 095 OOSIV 000 LZ-w S-LZ-.Ld 000 L -,9 _, -, -,ii -., -, -• -• -•". -• S OET 045 04£ 6 000 9Z - YS S-9Z-1d 000 9 s-OE/9ZKg O-:Z B-,6 0-.TT S-.E 1-.9 9-.6 0-.L 0-.Zt 6-.OE S SZt T 4 000 SZ r ;-sz-la 000 Gz _ 0-.S 0-. 8-.6 0-.TT S-.E 1-.99-.6 0-.L 0-,ZT 9-.6Z 9 OZt 005 000 11 000 4 OM-.L-SZ TZB3 -- - 0 4 S-SZ/TZK7 X. H 0 i $ Q O e •d•x way �s awn o T n awn A o i daQ *.a / t sNOIswmaa XNV.1 JOmOT9 auTIOM saT;T"T, uOTIVXOV 'bNQ �k TaPow noTg ubT*aQ 7�+'D3S VjVCj 9 NOISNSFIIQ 9EIINrida = _ . .-NORTH CAROLINA DEPARTMENT OF NATURAL RESOUR.ES AND COMMUNITik DEVELOPMENT,, DIVISION OF ENVIRONMENTAL MANAGEMENT NONDISCHARGE APPLICATION FORM ATTACHMENT GRAVITY SEWERS 1. Owner/Project Name (as shown on application): MOUNT-AIN VALE`( • SU(3f�lVl�alarl — SEG'j'�brl .1�1 I '.. 2. Total length of sewer pipe (by diameter slze): C Slope Minimum Diameter Length Material Factor Minimum Maximum Cover. (Inches) (Lineal Ft)'.' I .(Inches); s 8 13 9 _PUG 150 Q�4'q.% ►S.GI % 3� L- 3. Maximum sewer reach length between manholes 3 3 $. lineal feet Does the Owner/Operator have the ability to clean this length ✓ Yes No'' 4.' Sewer subject to existing on planned traffic bearing loads?' ✓ Yes•�.No 5. Outside drop manholes provided where inveri separations exceed N A Feet', ; 6. I Maximum allowable infiltration/exfiltration test rate 00 GPD/in/mile.', 7. Minimum separation distances as shown on the plans or addressed in the specifications. , a) 100 ft. horizontal separation from wells or other water supplies ✓ Yes' No b) 12 in. vertical separation from storm -sewer ✓ Yes No or ferrous pipe sanitary sewers specified ✓ Yes 'No c) 10 ft. horizontal separation from water mains ✓ Yes No or 18 in. vertical separation ✓ Yes No or ferrous pipe sanitary sewers specified —Yes No `. 8. Are manholes subject to flooding? ; Yes ✓ No If yes, are manhole rim elevations 1'foot above 100-year flood level? Yes No Or are the manholes vented and water tight? Yes No Engineer's 'Certification 1 ,A I JON N. LAUGHTER It he State as a duly registered Professional Engineer in of North Carolina, hereby certify that the plans and specifications attached hereto are c istent with the above summary. Signature Registration Number. 40G ro PA-1R(8-1-8 i( rZ5_Z15 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT NONDISCHARGE APPL'ICA'TION FORM, ATTACHMENT PUMP STATION AND FORCE MAIN 1. Owner/Project Name (as shown on application): MOUNTAIN VAU-F-Y Sv3oIV►SIOKI — e,E07-101-11 ►►I 2. Pump Station # I (Please submit a separate sheet for each pump station and a project location map showing the location of the pump station and closest creek, river, lake, etc.) 3. Number and size of pumps: Number 2- GPM T each Maximum Capacity of Station 4 61000 GPD 4. Check if provided at pump station: Alternate Power Source )( Wet Well Vented with Screen y� Fillets in Wet Well X Air Release Valves (number) Check Valves and Gate Valves X Security Fencing Lockable Wet Well Cover X Area Light 110V Convenience Outlet at Control Panel Flood/Buoyancy Protection }sigh Water Alarms Audible X Visual 5. Pumping cycles per hour at design flow rate: 6. Force Main: Diameter ':�' I.O. Length _ I DC; 5 Material >OIAEO. 4o PvG Minimum Cover 3 G INcNes High Point 204' EL. Low Point -i, I81 EL, Total Dynamic Head (Design) _ 10' $8 GPM X 7. Is pump station subject to flooding? Yes �Vo No 8. If yes, specify 100-year flood elevation Feet MSL yi�ineer`s Certification I JotJ H, LAUGHTEP, as a duly registered Professional Engineer in the State of North Carolina, hereby certify that the plans and specifications attached h�eto are consistent with the above summary. Signature__\\AST Registration Number 4o 6 G PA-2R (8-1-87) �MINE SUBMERSIBLE 'SEWAGE PUMP.. MODEL 4V SPEED 1150 RPM MAX. SOLIDS: 311 SPHERE DATE: AUGUST 12 980 mMIGNE WINoo� �INE 7® wvom,�MENo� Now LIIMM►�� ��o��!o. iiiiii►:��.®Niommomm MEN ME i�► ENEEMEs000®NoW eo MENEEM000MoM000i� ,WN.URNM■ No vo oa�oo�00000000s000. = - _� oo■ oo�o �- ■■iiiiii®�i®oCoiol/`�r®■ ��■ o�o� .. .. ._MOVIE•. e r. - Certified Mail # 7015 1520 0003 5463 0097 Return Receipt Requested October 17, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2016-0207 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $316.62 ($200.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0073741. The violations, which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO073741 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums. established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). . Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 WAR $100.00 1 of the 2 violations of 143-215. 1 (a)(6) and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $100.00 1 of the 2 violations of 143-215. 1 (a)(6) and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $0.00 0 of the 1 violations of 143-215. 1 (a)(6) and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative bearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.l(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Riaht to an Administrative Hearing. and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also reauests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required byNCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS NPDES Compliance/Enforcement Unit - Enforcement File Ga4R;�yQlHenderson`S�'v[ewarar'a�•tinnr�_�li�witnin Valley 737411LV 2016-02u7.nf JUSTIFICATION FOR RENIISSION REQUEST Case Number: LV-2016-0207 Assessed Party: A&D Water Service Inc Permit No.: NC0073741 County: Henderson Amount Assessed: $316.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission.. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.l(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Mountain Valley WWTP PERMIT NO. NCO073741 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2016-0207 Having been assessed civil penalties totaling $316.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 17, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of V11N131.11�1.Y TELEPHONE SIGNATURE 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2016-0207 PERMIT: NCO073741 REGION: 'Asheville FACILITY: Mountain Valley WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/30/2016 6-2016 BOD, 5-Day (20 Deg. Weekly mg/I 30 32.60 8.7 Monthly $0.00 C) - Concentration Average Exceeded 6/2/2016 6-2016 Coliform, Fecal MF, Weekly #/100m1 400 600 50.0 Daily Maximum $100.00 MFC Broth, 44.5 C Exceeded 6/30/2016 6-2016 Coliform, Fecal MF, Weekly #/100m1 400 440 10.0 Daily Maximum $0.00 MFC Broth, 44.5 C Exceeded 6/2/2016 6-2016 Solids, Total Weekly mg/I 45 52 15.6 Daily Maximum $0.00 Suspended- Exceeded Concentration 6/16/2016 6-2016 Solids, Total Weekly mg/I 45 59 31.1 Daily Maximum $100.00 Suspended- Exceeded Concentration DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Mountain Valley WWTP Permit Number: NCO073741 County: Henderson Case Number: LV-2016-0207 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly e� BOD exceeded the permit limit by 8.66%. Two Daily Max Fecals exceeded the permit limit by 50% & 10%. Two Daily Max TSSs exceeded the permit limit by 15.5 % & 31.1%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 /-0-/'Q . (a Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EFFLUENT NPDES PERMIT NO.—NCO073741 DISCHARGE NO.— 1 MONTH JUNE YEAR 2016 FACILITYNAME MOUNTAIN VALLEY S/D CLASt II COUNTY_ Henderson CERTIFIED LABORATORY (1) Environmental Testing (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (C TOM KILPATRICK GRADE 4 CERTIFICATIONNC 5983 PERSON(S) COLLECTING SANT VI T EDWARDS ORC PHO ,- 828-243-1784 CHECK BOX IF ORC HAS CHANGED` LOB W /DISCHARGE FROM SITE,, Mail ORIGINAL and ONE COP Q '� ATTN: CENTRAL FILES l.e tl DIVISION OF WATER QUALITY ATURLrOYOPEICOR IN RES ONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER Y THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. m E 50050 00010 00400 50060 00310 00610, 00530 31616 00300 00600 00665 00076 A 4)..I E c FLOIfl! W ? Z p w ENTER PARAMETER CODE ABOVE NAME AND I vo a EFF F� y iv W D Lu (jW Jo Q� UNITS BELOWO AWF O OO F �Y OaJ � C41INIF 3 adisin(ec-ao TURB. HRS III 'YB MGD C UNITS UG/L MG/L MG/L MG/L #/100ML MG/L MG/L MG/L ' NTU •`: :::::: '::i 21 6:1510.51 B 1 0.005 .......... 1 36 5.5 It 52 11-600 0 4 1 1 0.004 : 5 :91)4 w— EEMM::EiE:E 6 7:25 0.5 B 0.006 7 Sp/E2QOils 8 5:55 0.3 B 0.004 M NEE 10 0.005 121 1 1 1 0.005 6:05 0.31 B 1 0.003 �28 &ilk: f23 b005E :'• E i '•5 6:15 0.4 B 0.006 36 0.005 59 11 82 .�.+.emc w..:.aa�ansaeasee6e8t�81f83�1ff9l1i9i7 LAZY MMMMM 6:05 0.31 B 1 0.003 615 Fi3 EiE�i6' isEE E:;EEEEfEiE;EEi 6:25 0.31 B 0.006 42 AVERAGE 0.005 24.25 28 32.60 2. I�ftA7E1M1'fi1�EiEOiQQ9::�E��•�::E':::i; :•:��:::�'.:� • E:�=::�:�:�:�:' • :�:�E�:::'� MINIMUM 0.002 23 6.2 1 Z 28 11 0.1 30 7 ;.45 140.84 #DIV/01 2.7 32 0 30 200/100 S D Q Form MR-1 (11/04)�— RMILMARARRSHMAZIM _iz, AUG w 1 201 lihi Regional 0P81114710ns 1 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) E�] 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" A & D Water Service, Inc. Permittee (Please print or type) Signature of Pe ttee*** Date (Required unless submitted electronically) P.O. Box 1407 Pisgah Forest, NC 28768 ...(828) 884-9772 ... admaint(c),citcom.net Oct. 31 2015 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's 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). Page 2 Vincent Edwards 3790 Willow Rd. Hendersonville NC, 28739 vedwards05@bellsouth.net 7/12/16 ATTN. CENTRAL FILES DIVISION OF WATER QULITY 1617 MAIL SERVICE CENTER RALEIGH, NC, 27699-1617 Subject: Non -Compliance JUNE 2016 NPDES # NC0073741 Dear Sir or Madam; Mountain Valley S/D (NC0073741) was in Non -Compliance for a monthly BOD and weekly Total Suspended Solids and Fecal for the month of June 2016. The volation was due to Mt. Valley WWTP became upset, to correct the problem I seeded the plant on June 21st and also increast the timer on the blower to increast DO. If you have any question or require additional information, please feel free to contact me at (828)674-2680. Sincerely, W Vincent Edwards 1 -rterReraurc�s 1VY.tR0 ki£ttlALdtJ4UIti Certified Mail # 7015 1520 0003 5463 0097 Return Receipt Requested October 17, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2016-0207 Henderson County Dear Permittee: P?T MCGRgR <iiifaast�trr '1 1M fERIi1i; 1V �},9C;iidF This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $316.62 ($200.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of June 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0073741. The violations, which occurred in June 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO073741 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0073741, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $100.00 1 of the 2 violations of 143-215.l(a)(6) and Permit No.NC0073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0073741, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. $200.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $316.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and, gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thigy Q 0) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File C.i` �VR\4VO\I-iendcrsun\�4astcwai<r\ Minor J[ountnin Vnllcp 7374]XIN-2016-020 of JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0207 Assessed Party: A&D Water Service Inc Permit No.: NC0073741 County: Henderson Amount Assessed: $316.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Mountain Valley WWTP PERMIT NO. NCO073741 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2016-0207 Having been assessed civil penalties totaling $316.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 17, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS liJIt"0:1612111 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2016-0207 PERMIT: NCO073741 REGION: Asheville FACILITY: Mountain Valley WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 6/30/2016 6-2016 BOD, 5-Day (20 Deg. Weekly mg/I 30 32.60 8.7 Monthly $0.00 C) - Concentration Average Exceeded 6/2/2016 6-2016 Coliform, Fecal MF, Weekly #/loom[ 400 600 50.0 Daily Maximum $100.00 MFC Broth, 44.5 C Exceeded 6/30/2016 6-2016 Coliform, Fecal MF, Weekly #/loom[ 400 440 10.0 Daily Maximum $0.00 MFC Broth, 44.5 C Exceeded 6/2/2016 6-2016 Solids, Total Weekly mg/I 45 52 15.6 Daily Maximum $0.00 Suspended- Exceeded Concentration 6/16/2016 6-2016 Solids, Total Weekly mg/I 45 59 31.1 Daily Maximum $100.00 Suspended- Exceeded Concentration EFFLUENT NPDES PERMIT NO.—NCO073741 DISCHARGENO._ 1 MONTH JUNE YEAR 2016 FACILITYNAME MOUNTAIN VALLEY S/D CLAS' II COUNTY_ Henderson CERTIFIED LABORATORY (1)_ Environmental Testing (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (C TOM KI LPATRIC GRADF 4 CERTIFICATION NC 5983 PERSON(S) COLLECTING SAW VINCENT EDWARDS ORC PH O 828-243-1784 C P CHECK BOX IF ORC HAS CHANGED O LOW / DISCHARGE FROM SITE * 0 Mail ORIGINAL and ONE COPPp: r ATTN: CENTRAL FILES 1� X /) DIVISION OF WATER QUALITY A O PE OR IN RESPONSIBLE CHARGE) DATE - 1617 MAIL SERVICE CENTER Y THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. m E 50050 1 00010 00400 1 50060 00310 006104 00530 ;31616 00300 00600 1 00665 100076 r3,FLOW > F' w Q _Z p N ENTER PARAMETER CODE ABOVE NAME AND o oINF EFF �u�-i G w= a W 00 J G J III 2 J W UNITS BELOW A RI a Oo mw la-w O= UIOi 111 p0 F�-O O~ laa oa OC. a �� wU ❑UV aZ a0 oN p0 36 1 5.5 4 1 1 1 0.004 6 7:25 0.5 B 1 0.006 8 5:5510.31 B 1 0.004 6:05 0.31 B 1 0.009 S$51 44EE4E005 E 1:00 0.31 B 1 0.006 am g888 1 11 •fit ; � " . i 7 i IIIIIIIIIIIIIIJA��.<Io�ltl3-may II I —__- tiamP+i4 :a RraP:. - �? � �:�:�:�:�:::::. �:::�::E:i:i�i .�� ::::::::::: ..:::::::::: ...:::::::;:;: �;:::;:;:;:; :;::::;::: - - - •::r: v:::a>.;.;;•:•:•:;:;;;;;:;;;:::;::;;:.;.;.:.; Monthly t .OZOMGD 6.0-90 281 30 1 30 200/100 K. '1✓°T AUG m0:: G /� l;l,J Rnmonal opera4ions t D Q Form MIt 1 (I1/04) ,/Q �� /� /R V/ Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) El Compliant All monitoring data and sampling frequencies do NOT meet permit requirements F7 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 H.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." A & D Water Service, Inc. Permittee (Please print or type) 00 ignature of Pe ttee*** Date (Required unless submitted electronically) P.O. Box 1407 Pisgah Forest, NC 28768 ...(828) 884-9772 ... admaintna citcom.net Oct. 31 2015 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's 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). Page 2 Vincent Edwards 3790 Willow Rd. Hendersonville N.C. 28739 vedwards05@bellsouth.net 7/12/16 ATTN. CENTRAL FILES DIVISION OF WATER QULITY 1617 MAIL SERVICE CENTER RALEIGH, NC, 27699-1617 Subject: Non -Compliance JUNE 2016 NPDES # NC0073741 Dear Sir or Madam; Mountain Valley S/D (NC0073741) was in Non -Compliance for a monthly BOD and weekly Total Suspended Solids and Fecal for the month of June 2016. The violation was due to Mt. Valley WWTP became upset, to correct the problem I seeded the plant on June 21st and also increast the timer on the blower to increast DO. If you have any question or require additional information, please feel free to contact me at (828)674-2680. Sincerely, Vincent Edwards 1 Permit Enforcement History Details by Owner 10/1712016 1 Owner: A&D Water Service Inc Facility : Mountain Valley WWTP Permit: NCO073741 Region : Asheville County Henderson Penalty Remission Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved PP Amount Damages Received Held Costs Amount Held Amount Amount To AGO Paid Due Plan Closed Number LV-2002-0293 8/12/02 $250.00 $122.04 $372.04 $0.00 No 8/27/02 Total Cases: 1 Total Penalty Amount: $250 Total Enforcement Cost: $122.04 Sum Of Total Paid: $372.04 Total Balance Due: $0.00 Sum of Total Case Penalties: $372.04 Total Penalties After Remissions: $372.04 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Mountain Valley WWTP Permit Number: NCO073741 County: Henderson Case Number: LV-2016-0207 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average exceeded the permit limit by 8.66%. Two Daily Max Fecals exceeded the permit limit by 50% & 10%. Two Daily Max TSSs exceeded the permit limit by 15.5 % & 31.1%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It *does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental, Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7014 0510 0000 4466 4504 Return Receipt Requested September 14, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0511 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/2/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Solids, Total Suspended - 6/2/2016 45 52 Daily Maximum Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 6/16/2016 45 59 Daily Maximum Exceeded Concentration (CO530) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2016 30 32.6 Monthly Average Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/30/2016 400 440 Daily Maximum Exceeded 44.5 C (31616) State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, .or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning_ registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville -Regional Ofhce =Enforcement NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\VJastewater\Minors\Mountain Valley 73741\NOV-NOI-2016-1V-0511.rtf Certified Mail # 7014 0510 0000 4466 4804 Return Receipt Requested September 14, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 P, T ZviCGRC3R� �Th T �r _ �•+ p S t Grii:�rnar b►uecl� SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0511 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 6/2/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Solids, Total Suspended - 6/2/2016 45 52 Daily Maximum Exceeded Concentration (CO530) 001 Effluent Solids, Total Suspended - 6/16/2016 45 59 Daily Maximum Exceeded Concentration (CO530) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2016 30 32.6 Monthly Average Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 6/30/2016 400 440 Daily Maximum Exceeded 44.5 C (31616) State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\N0V-N0I-2016-LV-0511.rtf Certified Mail # 70151520 0003 5463 4743 Return Receipt Requested April 04, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2017-0105 Henderson County Dear Permittee: _.This=letter..trangniits"a Notice: of Violationand ass..essment of civil penalty_in_the_aino>uit of $216:62 ($100:00."civil_ penalty,+_ $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0073741. The violations, which occurred in September 2016, are summarized in Attachment. A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms., conditions or requirements ofNPDES WW Permit No. NCO073741 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina 1. Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.N00073741, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $0.00 0 of the 1-violations of 143-215.l(a)(6) and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Cone. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option I: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request -for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a -remission request -will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) -whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted -in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thiM (30) dgys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form,from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise.one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal - =date/time received stanip-(not a:postmark);will result in this matter being referred to the Attorney General's Office -for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS `h1tQS:A-le Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:iWR\4VQiHendecsuniWnstex;3ter\D•tinors;fligh Vista Falls 890951VN 2017-0103.nf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0105 County: Henderson Assessed Party: A&D Water Service Inc/ Mountain Valley WWTP Permit No.: NC0073741 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.5. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully, applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; . (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment'of the civil penalty willprevent event you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Mountain Valley WWTP ) PERMIT NO. NCO073741 ) CASE NO. LV-2017-0105 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 04, 2017) the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of .520 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0105 PERMIT: - NCO073741 FACILITY: Mountain. Valley WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Henderson Violation Date Report Month/Yr Parameter Frequency Unit of Measure Limit Value Calculated Value % Over Limit Violation Type Penalty Amount 9/1/2016 9-2016 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded 9/22/2016 9-2016 Solids, Total Weekly mg/I 45 50 11.1 Daily $0.00 Suspended- Maximum Concentration Exceeded bIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Mountain Valley WWTP Permit Number: NCO073741 County: Henderson Case Number: LV-2017-0105 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation;. All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max Fecal Coliform exceeded the permit limit by 50 %. One Daily Max TSS exceeded the permit limit by 11.11%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The.cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6)- Whether the violation was committed willfully or, intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ;1�Ol�;,CQCIPEI� MTHt�Es, R>dGA%i Jam - Certified Mail # 7015 1520 0003 5463 4743 Return Receipt Requested April 04, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2017-0105 Henderson County Dear Permittee: penalty in the_amount of .$216.62 $100 00 civil enal,. + This..letter.transmits a Notice of Violation and assessment of civil p ty::. _ _ _ (-, .. p ty . $116.62 enforcement'costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of September 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0073741. The violations, which occurred in September 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO073741 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0073741, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Conc. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ption 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. • You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal -date/time received 'stamp(not-a postmark), wil-result in this -matter being referred -to the Attorney General's Office -for - collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC ti.tiVR\NQ\Henderson',Wastewater\\-finor.,\fiigh Vista Falls 39005\LV-2017-0105.rtF JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0105 County: Henderson Assessed Party: A&D Water Service Inc/ Mountain Valley WWTP Permit No.: NC0073741 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the .petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing theactivities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Mountain Valley WWTP PERMIT NO. NCO073741 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0105 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 04, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0105 PERMIT: NCO073741 REGION: Asheville FACILITY: Mountain Valley WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value` Limit Type Amount 9/1/2016 9-2016 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded 9/22/2016 9-2016 Solids, Total Weekly mg/I 45 50 11.1 Daily $0.00 Suspended- Maximum Concentration Exceeded EFFLUENT NPDES PERMIT No.— NCO073741 DISCHARGER- 1 MONTH SETEMBEFYBAR 2016 FACILTTYNAME MOUNTAIN VALLEY S%D CLASS II COUNTY_ Henderson CERTIFIED LABORATORY (1)_ Environmental Testing (list additional laboratories on the backside/page 2 of this form) 0 C T 2 7 2016 OPERATOR IN RESPONSIBLE CHARGE (OF VINCENT EDWA DS GRADE 4 CERTIFICATION NC 10940 PERSON(S) COLLECTING SAMPL VINCENT EDWARDS RC PHONE 828-243-1784 CHECK BOX IF ORC HAS CHANGED OW / DISCHARGE FROM SITE * CI Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x DIVISION OF WATER QUALITY ( A 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 C TETHE BEST OF MY KNOWLEDGE. d E 50050 1 00010 00400 1 50060 00310 00610 oo536W 316164 00300 00600 1 00665 00076 F U a o ao p d E �' G x c y :tg> y O O FLOW � ~2 �wx aW ° J W Q Z > W0 tYv �nteehou GV Oo00 ma Q Z gam': ZV J<-Z g .QO WJ' p' W Z jW 0}0}HOi-ad NX G Z QO OR rn QO Oy iF ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF ❑ INF TURB. �w GF HRS YB MGD ° C UNITS UG/L I MG/L MG/L MG&A _ MG/L -MG/L MG/L NTU 7, 05 two :� 3..: - i Y,x� Q�zS.s.. 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SJ.,.. ,�, , 18 0.005 20 14:35 0.5 Y 0.004 25 6.5 28 T. < 22 8:05 0.4 Y 0.000n4 14 50 2 21 "1143 '0` Q-dzr't:.lj } 24 16:21 0.3 Y 0.004 < 8.6 '3 { a }i r�8. �r� r� r 7,r.:-i z s a ��:. °�, , .:a:0A06 ,.:: 26 11:31 0.5 Y 0.006 28 7:58 0.4 Y 1 0.005 28 Nam 30 10:50 0.3 Y 0.005 3.1,_ b[1 S a! 3�`f[ b ,` � �1.� � rf.L �-�i f t S,.Ii J'... S { i;�, f�ia t5 '`f,`. Fk�J "'L�?c`�i F R `.,:4'� ''' � _i I V* i+ if. -rS � [� } ��f '•;a'AY. F'� , :r[ S' SM1'}.a �' i .i';. y �7.�-} 7 1 AVERAGE 0.005 25 { 28 14.40 0.2 19.64 6.931 #DIV/01 _ MIIVntsUM 0 003 23 6.5 28 10 017 7 11 0 Monthly Limit .01oMGD 6.0-90 28 30 30 200/100 F.//, c OCT 3 1 201600 /, /Water 01.fality Regional Operations Ashevllfe flegional Otrice DWQ F rm MR-1 (11/04) �--- ____ Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Fx Compliant All monitoring data and sampling frequencies do NOT meet permit require nts Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance th tt potentially threatens public health or the environment. Any information shall be provided orally within 24 hours`&© 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." A & D Water Service, Inc. Permittee (Please print or type) Signatur fPermittee*** Date (Required unless submitted electronically) P.O. Box 1407 Pisgah Forest, NC 28768 ...(828) 884-9772 ... admaint@citcom.net Oct. 31,2015 Permitt Adricess -. Phoue Number • - c-mail-address - - •.- ^ -- Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/wpb/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's 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). Page 2 Permit Enforcement History Details by Owner 4/3/2017 1 Owner: A&D Water Service Inc Facility : Mountain Valley WWTP ' Permit: NCO073741 Region : Asheville County Henderson y Penalty Remission ' Enf Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Conf Remission Hearing Remission Remission MemoSent Total Balance Pmt Case Case MR Approved PP Damages Received Held Amount Held Amount Amount To AGO, Paid Amount Costs Due Plan Closed Number LV-2002-0293 8/12/02 $250.00 $122.04 $372.04 $0.00 No 8/27/02 LV-2016-0207 6-2016 10/17/16 $200.00 $116.62 3/15/17 $316.62 No LV-2017-0105 9-2016 3/31/17 $100.00 $116.62 $216.62 No Total Cases: 3 Total Penalty Amount: $550 Total Enforcement Cost: $355.28 Sum Of Total Paid: $372.04 Total Balance Due: $533.24 Sum of Total Case Penalties: $905.28 Total Penalties After Remissions: $905.28 s DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Mountain Valley WWTP Permit Number: NCO073741 County: Henderson Case Number: LV-2017-0105 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max Fecal Coliform exceeded the permit limit by 50 %. One Daily Max TSS exceeded the permit limit by 11.11%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7015 1520 0003 5463 2770 Return Receipt Requested February 7, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE'OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0098 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: Q review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample = _ Location Parameter Date 001 Effluent Coliform, Fecal MF, MFC Broth, 9/1/2016 44.5 C (31616) -Limit _ Reported <--- --- -- Value Value Type of Violation 400 600 Daily Maximum Exceeded 001 Effluent . Solids, Total Suspended - 9/22/2016 45 50 Daily Maximum Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's. NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21, 2016, using the EDMR system. It is noted that as of today this facility has not been registered for EDMR. Please call Janet Cantwell at this office for information on registering your facility for EDMR. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your responsevill be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:\WR\WQ\Henderson\Wastewater`Minors\Mountain Valley 73741�NOV-N0I-2017-LV-0098Af Permit No.: NCO073741 Version: 4.00 Permt Status: Active Owner/Permittee Responsible Official: Resp. Official Title: Facility Name: Facility Address: A&D Water Service Inc Aubrey L.Deaver Owner Mountain Valley WWTP NCSR 1171 Etowah, NC 28729 Registered for eDMR? : No . Facility Classification: WW-2 ORC Name Certification # Cert Status ORC Designation Edwards, Vincent L. WW-4. / 10940 Active ORC Chovan, Scott W. WW-4. / 7107 Active Backup Page # : 5 Date: 2/7/2017 IM�te�~�orr�s� Certified Mail # 7015 1520 0003 5463 2770 Return Receipt Requested February 7, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0098 Permit No. NCO073741 Mountain Valley WWTP Henderson County Dear Permittee: p y, COOPER. v M'1'.0 lily G YV�f lti ;�dcrntet•�a; _ w4 �irec�trii°<' A review of the September 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violationlsl: Sample _ Limit. Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 9/1/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Solids, Total Suspended - 9/22/2016 45 50 Daily Maximum Exceeded Concentration (C0530) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21, 2016, using the EDMR system. It is noted that as of today this facility has not been registered for EDMR. Please call Janet Cantwell at this office for information on registering your facility for EDMR. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the, violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder_: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of -any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\NOV-NOI-2017-1V-0098.rtf . DocuSign Envelope ID: E023128F-9A1 E-4954-9380-505EFBCA8D7C 1�0 i^e YtYm�r; Mt�iKaxlEcr LRM CtMFERER-- Ixatar��tA'yaxroir Certified Mail # 7017 2620 0000 9759 3806 Return Receipt Requested October 29, 2018 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for. Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NC0073741 A&D Water Service Inc Mountain Valley WWTP Case No. LV-2018-0253 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $318.68 ($200.00 civil penalty + $118.68 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of April 2018. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0073741. The violations, which occurred in April 2018, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NC0073741 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Department of Environmental Quality I Division of Water Resources 2090 U.S. 70 Highway, Swannanoa, NO 28778 828-296-4500 DocuSign Envelope ID: E023128F-9A1E-4954-9380-505EFBCA8D7C Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: $200.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0073741, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF, MFC Broth, 44.5 C $200.00 TOTAL CIVIL PENALTY $118.68 Enforcement Costs $318.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ,. DocuSign Envelope ID: E023128F-9A1E-4954-9380-505EFBCA8D7C Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 DocuSign Envelope ID: E023128F-9A1E-4954-9380-505EFBCA8D7C Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You' should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, DocuSigned by: E \1- 7E617A38285848C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: DWQ Laserfiche G:•�\'R1WQ`}lendarson Wastewater\hlinors!Lfoimtun Valley73741\3O181029_N00073741_LV20180253.nf ,. DocuSign Envelope ID: E023128F-9A1 E-4954-9380-505EFBCA8D7C JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2018-0253 County: Henderson Assessed Party: A&D Water Service Inc/ Mountain Valley Permit No.: NC0073741 Amount Assessed: $318.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: DocuSign Envelope ID: E023128F-9A1E-4954-9380-505EFBCA8D7C STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Mountain Valley WWTP ) PERMIT NO. NCO073741 ) CASE NO. LV-2018-0253 Having been assessed civil penalties totaling $318.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 29, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 20 SIGNATURE ADDRESS TELEPHONE DocuSign Envelope ID: E023128F-9A1 E-4954-9380-505EFBCA8D7C ATTACHMENT A . A&D Water Service Inc CASE.NUMBER:. LV-2018-0253 PERMIT: NCO073741 FACILITY: Mountain Valley WWTP LIMIT VIOLATION(S) REGION: Asheville COUNTY: Henderson SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 4/5/2018 4-2018 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded 4/12/2018 4-2018 Coliform, Fecal MF, Weekly #/100ml 400 600 50.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded DocuSign Envelope ID: E023128F-9A1E-4954-9380-505EFBCA8D7C DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Mountain Valley WWTP Permit Number: NC0073741 County: Henderson Case Number: LV-2018-0253 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All Effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Daily Max Fecals each exceeded the permit limit by 50%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 DocDocuSigned by: 10/29/2018 E-•�-� A� 7E617A36285846C... Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ r aMP., g.svtfttgs +i,a�earr�i� Certified Mail # 7016 1370 0001 6572 0419 Return Receipt Requested Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 R y� COOP ' � MICA S,�REGAN LIiDAPEFFR . , . '.�trfeprrnDr�e�r July 5, 2018 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0483 Permit No. NCO073741 Mountain Valley WWTP Henderson County DearPermittee: A review of the April 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date. Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 4/5/2018 400 600 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent Coliform, Fecal MF, MFC Broth, 4/12/2018 400 600 Daily Maximum Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared.. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, For: G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: DWQ Laser ache G:\WR\WQ\Henderson\Wastewater\Minors\Mountain Valley 73741\20180705 NC0073741_NOVN0I2018LV0483.rtf ■ Cute items 1, 2, and 3. ■ Print your name and addre so that we can return thwW Aubrey Lewis D ver�O,i A & D Water ervicnJ°'�nc. % 1111111111111111111111111111111111111111 9590 94021846 6104 5560 84 7015 15801 0003 8- 46 i1l-iril' FE I p Agent ❑ Addresse ite of Deliver 1? ❑ Yes \ ❑ No a---Oervice ryP 28 Priority Mail Express® ❑ Adult Signature % O>3 ❑Registered Mailrm ❑ Adult Signature Restricte a every ❑ Registered Mail Restrict gCertified Mail@ Delivery ertifled Mail Restricted Delivery C Return Receipt for ❑ Collect on Delivery `Merchandise ❑ Collect on Delivery. 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