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NC0075311_Regional Office Physical File Scan Up To 12/2/2020
PERFORMANCE EVALUATION REPORT I. General Information Facility/System Name: Mud Creek Water and Sewer District sewer system CV b`L Responsible Entity: Mud Creek Water and Sewer District Person in Charge/Contact: James S. Erwin. Jr. (828) 697-4818' Henderson County Utilities Department Applicable Permit(s): This sewer system doesn't have any active wastewater treatment plants Description of Collection System or Treatment Process: This sewage collection system is composed of approximately 2 miles of force mains and 2 pump stations. II. Performance - Text Summary of System Performance for Fiscal Year 2001-2002: Performance was excellent duringfrscal year 2001-2002. Violations and Environmental Impacts: July, 2001- June, 2002.No known violations or environmental impacts. III. Additional Information Additional information may be obtained by writing to the Henderson County Utilities Department at 101 East Allen Street, Hendersonville, North Carolina 28792 IV. Notification A notice will be placed in The Hendersonville Tribune (a local newspaper) stating that this report has been completed and is available free%to the public at the Henderson County Utilities Department at 101 East Allen Street, Hendersonville, North Carolina V. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. la;-mes S. Erwin, Jr. Date Utilities Director Cane Creek Water and Sewer District JUN--08-01 FRI 10121 AM HENDERSON 00 LAND DEU FAX NO. 8286974533 P. 01 HENDERSON COUNTY UTILMES DEPARTMENT 181 East Allen Street Hendersonville, NC 28792 Phone: (828) 697- 4818 Fax; (828) 697- 4533 FAX COVER SHEU To: Mr. Roy Davis, Environmental Engineer From James S. Erwin, Jr. Fax 251-W2 Dates: June 8, 2001 Phone: pages: 4 Re: Spill Notification Col L3 Urgent © For Review C! Please Commit M Please Reply D Please Recycle +Comments: Please find attached draft copies of: 1 _ Sewage Spill Response Evaluation 2_ Public notice of discharge of untreated sewage FAX NO. 8286974533 P. 02 JUN-08-01 FRI 10:21 AM HENDERSON 00 LAND DEV 1(71 East A[lenStreet Hendersonville, NC 28792 (828) 697-4818 fax (828) 697-4533 Henderson County Utilities Depar. to ent LA NOTICE OF DISCHARGE OF UNTREATED SEWAGE The County of Henderson had a discharge of untreated sewage from its force main, located along Highway 191 rear Mountain Road, of approximately 1..6,000 gallons. The discharge was first discovered on June 5, *2001 at 10.0D AM. and lasted for approximately 5 hours_ The untreated sewage entered an unnamed tributary of the French Broad River. The force main was repaired to prevent further discharge. This notice was required by the North Carolina General Statutes Article 21 Chapter 143.215.C. For more information contract the Utilities Director at 828-697-4818_ JUN-08-01 FRI 10:22 AM HENDERSON 00 LAND DEU FAX N0, 8286974533 P,03 . Sewsa e � ilI Reg ns� Ev$i►t�tion: • (page 1 of 2) Perrniftee Henderson County Permit Number County_- Henderson Incident Ended: (DaterTirne) 6-5-01 / 3:0Q- UExbmamd duration (Time) _5. Hours. First Knowledge of incident: (DsteTFIme) 6 10 00 AM Estimated volume of spilt/byposs 16,000 gallons. Show rational for volume. 400 Carriage Park 34,560 gpd 1-2 hrs.=-2,880 gal hr x 5 hrs.z-14774 ,400 gal. �4, Prison 9,290 gpd; lZ hrs.= 774 galfhr x I hr..` 774 774 tf spill is ongoing, pleiso no?ffy J avghmal oRloo on a daily basis unill spill can be sr;�1501,�4 round to . 16', 000 Reported to: Mr. Roy Davis_ ,�{pate/time) fume of person 6-5-01 10:00 AM Weather conditions. Fair 10 Ce Main Source of spilllbypass (check one): . art tary ewer _Pump Pump Station _ . __ _ VvWT P Level of treatment (check one): X None ' Primary Treatment - Secbndary Treatrrlent Chlorination Only Did spifty pass reach surface waters? _ .. �L -Yes No (if Yes, please list the following) Volume reaching surface waters? 15,000 gallons Name of surface water- unC►amed_ tjzjJ2 ary-_szf the French Broad River pid spilllbypass result in a fish kill? __Yes X If Yes, what is the estimated number of fish kilted? Please provide the foAvwing infotmaifon: 1 Location of spill/bypass: Along Highway 191 near Mountain Road. 2. Cause of 5pie►bypass:. Ap22rently equipment being used by a road crew hit a valve which broke the force main 3. pid you have personnel available to perform mlUsl suaaaaar►tent 24 hwmlday holidays)? Yes. No - 4, How long did it take to make an initial esossrmnt of the spillloverflow after fast knowl4dgeNw d 8 �® 0 _ Hours 45 Minutes 1' _._...__ GS��'qtj�RA How Joh did it take to et a r® it cmw ansite74S,�ffry2 9 Hours g0 Minutes Ul1lq(` — -- — Please explain the time taken to make lnMat osstssment:_ Time to call prison and re it crews and to travel toQit<e. Rcvision ttt 6/11/99 LO B')Vd b 75:60 TO&V9R/98 JUN-08-01 FRI 10:22 AM HENDERSON 00 LAND DEU FAX NO. 8286974533 P,04 e Sewage ill Rey rise Evaluation:FT (Pagc 2 of 2) 4 Permittee Renderson County Permit Number - ___-- — County _Henderson . 5 Action taken to contain spilt, olean up w+ste, enftr ►ernediate the Site: PtIM the Prison were cut off , a dam was cons1-r,jct-Pr1 t-g contain Y _and a pump tnick ramnvari thc� wa$i-eWatah- S,diicb r1f1�lrilld�el�2�y �f+ entire Ciitoll Were the equipment gird parts needed to make repsfrs readlly ovailable? Yes —A—. No ,_„ If no, please explain why: N JA 7 If the spiilloverflow w wrred at a pump station, or was the reati t of a pump station faiiure.- was the alarm system functional at the time of the spill? Yes ,�„_ _ No _ If the alarm system did not function, please explain why: - 8. Repairs made are; Permanent X Temporary Please describe whet repairs were made. if ft repairs are tmporary, please indicate;? date by which permanent repairs will be completed, and notify the Raglonal Office within 7 slays of the permanent repair; The valve was re hae d QUd. the farce+ main wan rcrta, W. 9, What actions have been made to prevent this discharge from Ourdng again in the future? 10 Comments: Other agencies notifGtl: Prison, DOT Person reporting spilUbypass: Mr. Roy Davis Phone Number._828.2 1-6208 Signature peg; _____-----==w==r��w--------- For DWQ UFa Only. DWQ requested oddliivnel written report? Yes If yes, what additional fnfvrmation is neaede2T— Requested by Revisiote ii l 6111199 —No 80 39bd b Or:80 TOOZ/90/30 Ppl`07-01 THU 09:27 AM HENDERSON 00 LAND DEV FAX NO. 8288974533 HENDERSON COUNTY UTILITIES DEPARTMENT 161 East Allen Sbxy-4 Hendersonville, NC 28792 Phone_ (828) 697- 4818 Fax' (828) 697- 4533 Tog Ms. Roy Davis, F_rn+irun(MMI EnSmeff From James S. ETA", Jr: fa�c 25 l 645Z tee Jung 7, 2001 Phou•• Re: Nem Release CC: — © Urgeat 13 For RwA ew fl please Cammmt . © Pleas" Reply © Please Recycle P. 01 - - (C6 L4� s - state of North Carolina Department of Environment and Natural Resources � Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director June 1, 2001 James S. Erwin, Jr., Director Henderson County Utilities Department 101 East Allen Street Hendersonville, NC 28792 Subject: Rescission of NPDES Permit Mud Creek Water and Sewer District NPDES Permit No. NCO075311 Henderson County Dear Mr. Erwin: 1�• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Regarding your request for rescission of the subject NPDES permit, staff of the Asheville Regional Office has confirmed that this permit is no longer required. Therefore, in accordance with your request, NPDES Permit No. NCO075311 is rescinded, effective immediately. If in the future you wish to again discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES Permit. Operating a facility without a valid NPDES Permit will subject the responsible party to a civil penalty of up to $10,000 per day. If it would be helpful to discuss this matter further, I would suggest that you contact the Roy Davis of the Asheville Regional Office at 828- 251-6208 or Rob Lang of our Central Office at 919-733-5083, extension 361. Sincerely,-. j J Kerr T. Stevens, Director Division of Water Quality �cc= sevalle= l2eoiialOffieR6y�Dav"i s Point Source Compliance/Enforcement Unit — Rob Lang NPDES Unit Technical Assistance and Certification Unit DWQ Budget Office - Fran McPherson Central Files EPA - Roosevelt Childress 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper HENDERSON COUNTY UTILITIES DEPARTMENT 101 EAST ALLEN STREET HENDERSONVILLE, NC 28792 PHONE 828/697-4818 FAX 828/697-4533 May 30, 2001 Mr. Dave Goodrich, Supervisor NPDES Permitting Unit N.C. Department of Environment & Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Request for Revocation of NPDES Permit #NC0075311 (Mud Creek Water and Sewer District, Henderson County) Dear Mr. Goodrich: EMAY2 001 UIlTEll UAL ':' SECTMI ASH 'i1_!_F R ;;:G:SnL CFEiCC;___._ Henderson County has decided not to construct the wastewater treatment plant autorized by the above referenced NPDES Permit # NCO075311. For this reason, I would like to request that you revoke the subject permit. As always, your assistance is greatly appreciated. Sincerely, James S. Erwin, Jr. Director ` JSE/ml cc: Mr. David E. Nicholson, County Manager Mr. Roy Davis, Environmental Engineer, Division of Water Quality (Asheville Office) Ms. Fran McPherson, Accounting Clerk, Division of Water Quality (Raleigh) James S. Erwin, Jr. Director Henderson County Utilities Department TRANSMITTAL SHEET TO: FROM: Mr. Roy Davis, Environmental Engineer James S. Erwin, Jr. Division of Water Quality Director COMPANY: DATE NC Dept. of Environment and Natural June 19, 2001 Resources ADDRESS: REFERENCE: 59 Woodfin Place Public Notice Asheville, NC 28802 Discharge of Untreated Sewage Mud Creek Water and Sewer District Henderson County, NC ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY NOTES/COMMENTS: Please find attached ad copies and affadavits for the public notice that was published in both Henderson County and Buncombe County newspapers regarding the discharge of untreated sewage which occurred on June 5th 2001. I �u'j a JUN 2 5 200 " a.. k OF OF UN- V NORTH CAROLINAEWAGE1' -AENOERSON COUNTY The Coanty of Hender- son had a discharge AFFIDAVIT OF PUBLICATION untreated sewage fromm its force main, located along Highway 191 Before the undersigned, a Notary Public of said County near Mountain Road, of and State, duly commissioned, qualified, and authorized approximately 16,000, gallons. The discharge by law to administer oathssyersonally appeared was first discovered on June 5, 2001 at 10:00 AM and lasted for ap- proximately 5 hours. The untreated sewage entered an unnamed ,who being first duly sworn, deposes and says: that he is 1, tributary of the French Broad River. The force / main was repaired to. prevent further dis- charge. This notice was, of Hendersonville Newspaper Corporation, engaged in the required by the North' Carolina General Stat- publication of a newspaper known as The Times -News, utes Article 21 Chapter published, issued, and entered as second class mail in the 143.215.C. For more in- City of Hendersonville, in said County and State; that he is formation, contact the authorized to make this affidavit and sworn statement; Utilities Director at 828- that the notice of other legal advertisement, a true copy of 697-4818. which is attached hereto, was published in The Times- (04521613) 6/12 News on the following dates: C / and that the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every publication, a newspaper meet- ing all of the requirements and qualifications of Section 1- 597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This 102 day of °� 20 i Sworn tim,Avd�subscribed-before me, this dav' of - 20 Notary Public -7- d- a ..e 3 fJiy . coinmssian `expires := Better Business Forms (828) 698-1164 AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Crystal Fender who, being first duly NOTICE OF sworn, deposes and says: that he (she) is the Legal IF UNTREATED SE WAGE Billing Clerk of TheAsheville Citizer.-Times The County of Henderson has a discharge of un- Company, engaged in publication of a newspaper treated sewage from its force main, located along known as The Asheville Citizen -Times published > > Highway "ear - fain Rood, of approxiproxi- issued, and entered as second class mail in the City doh'Os°ayeicargewafirst of Asheville, in said County and State; that he (she) covered on June 5, 2001 at 10:00 AM and lasted for approximately is authorized to make this affidavit and sworn 5- hours. The untreated sewage en- tered, an unnamed tribu- statement; that the notice or other legal tary of the French Broad River. The force main was advertisement, a true copy of which is attached repaired to prevent fur- ther discharge. This notice hereto, was published in The Asheville Citizen - was required by the North Carolina General Statutes Article 21 Chapter Times on the following dates: June 12 2001And in - i formation contact the for -motion For more he that the said newspaper in which said notice, paper, Utilities Director at 828- 697-4818. document or legal advertisement were published (3M;2,200' were, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statues of North Carolina. (Signature ofper'so making affidavit) ` Sworn to and subscribed before me the 13th day of June ( o ry Public) y Commission expires the 20th day of June of€"C. 2005. f d PERFORMANCE EVALUATION REPORT I. General Information Facility/System Name: Mud Creek Water and Sewer District sewer system Responsible Entity: Mud Creek Water and Sewer District Person in Charge/Contact: James S. Erwin. Jr. j828) 697-4818 Henderson County Utilities Department Applicable Permit(s): This sewer system doesn't have any active wastewater treatment -plants. Description of Collection System or Treatment Process: This sewage collection system is composed of approximately 10 miles of gravity sewer line and four pump stations. The gravity sewer lines vary in size from 8"in diameter. II. Performance Text Summary of System Performance for Fiscal Year 19994 Performance was excellent during fiscal year 99-00. A significant amount of sewer line right-of- way was cleared. Violations: July, 1999 - June, 2000 - No overflows. No known environmental impacts. III. Additional Information Additional information may be obtained by writing to the Henderson County Utilities Department at 101 East Allen Street, Hendersonville, North Carolina 28792 IV. Notification This report will be mailed to all customers of this system. V. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. James S. Erwin, Jr. Utilities Director Mud Creek Water and Sewer District Date 07/21/2000 14:10 919-715-6048 DWO NON DISCHARGE BR PAGE 02/02 0/,:FRO TO PROCEDURE 4 REQUEST FORM Max Haner Asheville Regional Office, Water Quality Scction' Kristin lfguez Non -Discharge Permitting Unit State Engineering Review Group (919) 733-5083 x524 Fax (91.9) 715-6048 -D I� JUL 2 12000 t Application Number- Comity:9T�7 Applicant: C Project Name: {� .� I +(�, Receiving Facility: Pexxz�it # lC Flow Volume: GPD Flow Type: X Dom. _. Com. —Ind. Engineer: &iWi8m 6. La S SOC project? eyes no Approval: C/ Denial: Comments: Regional Si; Application Numbez-: County: . Applicant - Project Name: Receivinz Facility: Permit # Flow Volume: GPD Flow Type: Dom.. Com. _ end. Engineer: SOC pz-alect? —y zoo es Approval: _ Denial: Comments: Regional SzQnatuz-e: "W�i I 161 03/17/2000 11:36 919-715-6048 DWO NON DISCHARGE BR PAGE 03 PROCEDURE 4 REQUEST FORM Max Haner ,Asheville Regional Office, WateT Quality Section Kristin Miguez Non -Discharge Perms-tting Unit State Engineering Review Group (919) 733-5083 x524 Fax (919) 715-6048 Application Number: i �Q County: _tkrd-r1, run . Applicant: U •P K W04er 1V SLV1f_" Di i c+ , Project Name: LL h 51 Y SNP ` l Receiving Facility: C (,S7�Y1111L1 Permit # tdC Ob � Flow 'Volume: `GP D Floes, Type. _-K4 Dom... Cora. Ind. Engzner: ��j {�,�- �W SOC project? yes no Appzoval: _ Denial. Comments: - Region4.l Signature: Application Number: County: Applicant: Project Name: Receiving ,Facility: Pezmit # Flow Volume:GPD Flow Type: Dom. —Com. end. Etzginee: SOC project? yes no Approval: _ Commehts: RegionO Signature: Denial: State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director JAMES S. ERWIN, JR. MUD CREEK WATER & SEWER DISTRICT 100 NORTH KING Street HENDERSONVILLE, NC 28792 Dear Permittee: NCDENR NORTH CAROLINA DEPARTMENT OF LSQ91suu February 10, 2000 FEB 17 2000 Subject: Renewal of NPDES Permit NCO075311 MUD CREEK WWTP HENDERSON County The subject permit expires on September 30, 2000. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than April 3, 2000. Failure to request renewal of the permit by this date will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30, 2000 (or if continuation of the permit is desired), the current permit must be renewed. Operation of wastewater treatment works or continuation of discharge after September 30, 2000 would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files "Asheville Regional Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net NPDES Permit NCO075311 MUD CREEK WATER & SEWER DISTRICT HENDERSON County The following items are RE` UIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative. ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of April 3, 2000, submit the application package without the PPA. Submit the PPA as soon as possible after April 3, 2000. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water (Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 15, 2000 Mr. James S. Erwin, Jr. Henderson County Utilities Department 101 East Allen Street Hendersonville, North Carolina 28792 Dear Mr. Erwin: P I 1 ZIRA'A IT • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Issuance of NPD:E Mud Creek South Henderson County NCO075311 Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that 'may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. cc: Sincerely, C @LL IUD Kerr T. Stevens Central Files h_e c Regz©nal ®tli e /Ablate-r u yg"A"f NPDES Unit Point Source Compliance Enforcement Unit 1617 Mail Service Center, Raleigh; North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISIT us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO075311 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PF,RMTT 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, Henderson County Utilities Department is hereby authorized to discharge wastewater from a facility located at the Mud Creek South WVVTP Aycock Avenue Hendersonville Henderson County to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective January 1, 2001. This permit and authorization to discharge shall expire at midnight on December 31, 2005. Signed this day December 15, 2000. ORMONAL BMNED BY BILL REOD Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO07531 1 SUPPLEMENT TO PERMIT COVER SHEET Henderson County Utilities Department is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Water Quality, enter into a contract for construction of a wastewater treatment facility, and 2. Construct and operate a 0.300 MGD wastewater facility located at Mud Creek South WWTP on Aycock Avenue, Hendersonville in Henderson County, and 3. Discharge from said treatment works at the location specified on the attached map into Mud Creek, classified C waters in the French Broad River Basin. 7� \ ♦j � ♦ -SSFti \� \ J J\ R 0.6 5.1 �� �; /� q• lj A 1 if z •`,' `��: H K P) �� � r � i .its `� /\ `U� ri• r ... �._: :' L. .. �^'::''� :;:� .::lit � . ✓-a. ... '�-�' \ \. � `-�``�'� a^\ ■r r • • �� , ° / 111111 \` ■ . 1 1 f I ■ • s J �� 93 ells / ' •a, \ I Discharge Location N • }} N. - f , r; a I I - - 1 , 1 1 - r 1 ' .r� - - :.?tFs.� �r r .y ��'r •f `^� 1i 1\ I /j • • f t t _ 11 } Heig �� i(�:`�� - - - +,� t\'yip{ �• \ � ♦ , ■� R • ,\ ' • \ � � 36 r � � • 1, � • i � \ • , ` � O + i 1 t.• • .• • ` � t • a � \ \ ,yam \ f � . ■ ♦ R ti ...•.. Dri Ir • • `�� (a , ♦ 4•t+".0 f' •� he t8i • \•\ f% •}R�' f '� i. ` •� \. �x..' N : • ". ti , ` f� ll, r i : a !Jr I if r Facility Information Latitude: 35018' 58" Sub -Basin: 04-03-C Longitude: 8202T 08" Quad Name: Hendermnville Steam Class: C Receiving Steam Mud Creek FaClll . " ✓ Y , Location I� Mud SouthWWTP NO NCO NC0075311 ,yr(�/• Henderson County • Permit NC0075311 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Weekly Daily Measurement Sample Type Sample Location' Average Average Maximum Frequency Flow 0.300 MGD Continuous Recording Influent or Effluent BOD, 5-day (202C)2 5.0 mg/L 7.5 mg/L Daily Composite Influent & Effluent (April 1 - October 31) BOD, 5-day (202C)2 10.0 mg/L 15.0 mg/L Daily Composite Influent & Effluent (November 1 - March 31) Total Suspended Residue2 30.0 mg/L 45.0 mg/L Daily Composite Influent & Effluent NH3 as N 2.0 mg/L Daily Composite Effluent April 1 - October 31) NH3 as N 4.0 mg/L Daily Composite Effluent (November 1 - March 31) Dissolved Oxygen3 Daily Grab Effluent, Upstream & Downstream Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Daily Grab Effluent Total Residual Chlorine 28 µg/L Daily Grab Effluent Temperature (2C) Daily Grab Effluent, Upstream & Downstream Total Nitrogen Semi- Composite Effluent (NO2+NO3+TKN) annually Total Phosphorus Semi- Composite Effluent annually PH4 Daily Grab Effluent Footnotes: 1. Upstream: 50 feet from the point of discharge; Downstream: at Clear Creek Road. Upstream monitoring is to be conducted three times per week during June, July, August and September, and once per week during the rest of the year. 2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent values (85% removal). 3. The daily average for dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts PART Section B_ Schedule of Compliance L The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. 'Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. • • Pan U Page 1 of 14 PART U STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements A. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum;' in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected .during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the .sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the -samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum -daily concentration" is the'concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in.Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is *the average of all samples taken. over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Pan II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8: Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour- period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must 'be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Compiv The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has.not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, 'any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 US.C.1319 and 40 CFR 122 41 (a)] C. ' Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act,. or any -permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Part ii • Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as. provided in permit conditions on 'Bypassing" (Part II, C4) 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 shaII be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. S. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to.continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Rye uirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general "partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is,.to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties -for submitting false information, including the possibility of fines and imprisonment for knowing violations." • • Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for.cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-2I5.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. (The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective.. J The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1 Certified Qperator Pursuant to Chapter 9OA-44 of North Carolina- General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must .also employ a certified back-up operator of the appropriate type and any grade to comply with the -conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Pan II Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be•a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur -in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d.. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to. prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (0 The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part 11 Page 9 of 14 5. is a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that. (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part H Page 10 of 14 CTION D. MONITORINGAND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwist� specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Rem_,, orting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, . postmarked no later than the 30th day following the completed reporting period. The firstDMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement; devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136•' or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. i 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 Pan II Page 11 of. 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring 'information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used, and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director; or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is'located or conducted, or where records must be kept under the conditions of.this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. _ Part II Page 12 of 14 SECTION E. REPORTING REOUIREMENTs 1. Change in Discharge All discharges authorized hereinlshall 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 Ito the Director as soon .as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 12229 (b); or b. The alteration .or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) 0). l c. The' alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional .use or ,disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. f 3. Anticipated Noncompliance I The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the.intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part IL D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any poollutant more frequently than required by the permit, using test procedures specified in Part Il, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: UY Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the .water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined tol be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices !of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. The Clean Water Act providers that any person who knowingly makes any false statement, representation, or certification, in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more', than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application b. That any activity has occurred or will occur which would result in any discharge on anon -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; , (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. A. The permittee must pay the annual administering and compliance monitoring fee . wiEh n.3Q: (thirty).: days after being_bfiled-by.'ihe D vis on... Failure to -pay the fee in a ti ieiy manner .m- accordance with 15A NCAC 2H 0105(b).(4) may cause this ::vision to: uuha a action.,. . I yoke thae perndt. State,of North -Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Steve W. Tedder, Chairman Mud Creek South James Erwin 101 East Allen Street Hendersonville NC 28792 Subject: Dear Mr. Erwin: In accordance with North Carolina I System Operators Certification Comi systems. The Rating Scale for Classif NCAC 8 C .0002, was adopted by the The rating scale assigns points to each a facility is determined by the total nun The Water Pollution Control System subject .facility as Grade 3 Wastew Milk k' ch 24, 1997 EE.HNF;Z- Classification of Water Pollution Control Systems. = Mud Creek South WWTP Permit No. NCO075311 Henderson County eral Statute § 90A-37, the Water Pollution Control ion is required'to classify all water pollution control ion of Wastewater Treatment Facilities, found at 15A emission to classify water pollution control systems. iponent of the treatment process. The classification of of points for all components of the treatment process. ators Certification Commission hereby classifies the Treatment Plant. As required by 15A NCAC 8A .0202 and your permit, you are required to designate an Operator in Responsible Charge (ORC) and back up operator of the appropriate type and grade for the subject facility. Your facility requires a Wastewater Grade 3 or higher Wastewater Treatment Plant Operator in Responsible Charge and Wastewater Grade 1 or higher back up operator. Please complete and return the enclosed ORC designation form by May 1, 1997. Failure to designate a�properly certified. operator and back-up operator by the above date constitutes a violation of the pen -nit issued for this facility. If you have any questions concerning contact Barry Huneycutt or Dwight Lai 9 GBH/Class. Let cc: Permits and Engineering Water Quality Files. Asheville Regional Office Enclosure Water Pollution Control System Operators Certification Commission P.O. Box 29535 Raleigh, NC 27626-0535 classification or the designation of an ORC, please ;r at 919/733-0026. Sincerely, J seph B. McMinn, Supervisor Technical Assistance and Certification Group N �w Voice 919-733-0026 FAX 919-733-1338 ! - vf An Equal Opportunity/Affirmative Action Emp[ri. 50% recycled/10% post -consumer paper li'_ State of North Carolina -Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., DI Mr. James S. Erwin Jr. 100 North King Street Hendersonville, North Carolina 28792 Dear Mr. Erwin: In accordance with the applicatic forwarding herewith the subject NPD North Carolina General Statute 143-2 and the US Environmental Protection August 21, 1995 Subject: 10 A,;-Olka IDEHNR NPDES Permit Issuani Permit No. NCO07531 Mud Creek Water & Si Henderson County for a discharge permit received on March 8, 1995, the Division is 3 permit. This permit is issued pursuant to the requirements of �.1 and the Memorandum of Agreement between North Carolina ency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. Tlis request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 274411, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part H, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions cc number (919)733-5083, extension cc: Central Files A-V-r6 a on s , f Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facilities Assessment Unit Operator Training and Certific� P.O. Box 29535, Raleigh, North Car An Equal Opportunity Affirmative this permit, please contact Mr. Jay Lucas, P.E. at telephone Sincerely, Original Signed Elyy ®avid A. Goodrich A. Preston Howard, Jr., P.E. Unit 27626-0535 Telephone 919-733.5063 FAX 919-733-9919 m Employer 50% recycled/ 100/6 post -consumer paper Permit No. NCO075311 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mud Creek Water & Sewer District is hereby authorized to discharge wastewater from a facility located at Mud Creek South Wastewater Treatment Plant Aycock Avenue Hendersonville Henderson County to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. . This permit shall become effective October 1, 1995 This permit and authorization to discharge shall expire at midnight on September 30, 2000 Signed this day August 21, 1995 A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0075311 SUPPLEMENT TO PERMIT COVER SHEET Mud Creek Water & Sewer District is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Environmental Management, enter into a contract for construction of a wastewater treatment facility, and 2. Construct and operate a 0.300 MGD wastewater treatment facility located at Mud Creek South WWTP, Aycock Avenue, Hendersonville, Henderson County (See Part III of this permit), and 3. Make an outlet into Mud Creek, and 4. Discharge from said treatment works at the location specified on the attached map into Mud Creek which is classified as class C waters in the French Broad River Basin. A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NCO075311 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C** Total Suspended Residue`* NH3 as N Dissolved Oxygen*** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge Limitations Monthly AM Weekly Avg_ 0.300 MGD 5.0 mg/I 7.5 mg/1 30.0 mg/I 45.0 mg/1 2.0 mg/l 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Continuous Recording I or E Daily Composite E, I Daily Composite E, I Daily Composite E Daily Grab E, U, D Daily Grab E, U, D 28 µg/1 Daily Grab E Daily Grab, E,U,D Semi-annually Composite E Semi-annually Composite E ` Grab U,D * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent values (85% removal). ***The daily average for dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NCO075311 During the period beginning on the effective date of the permit and lasting until expiration, the Peimittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the petmittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C** Total Suspended Residue" NH3 as N Dissolved Oxygen' Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg. Weekly Avg, Daily Max Frequency Type Location 0.300 MGD Continuous Recording I or E 10.0 mg/I 15.0 mg/I Daily Composite E, I 30.0 mg/I 45.0 mg/I Daily Composite E, 1 4.0 mg/I Daily Composite E Daily Grab E, U, D 20.0.0 /100 ml 400.0 /100 ml Daily Grab E, U, D 28 µg/I Daily Grab E Daily Grab E,U,D Semiannually Composite E Semi-annually Composite E * Grab U,D * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent values (85% removal). ***The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: , Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar. days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS The Director of the Division of Environmental Management. Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3 ..EN4C Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum. by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight.of pollutant calculated from it is the "maximum daily discharge." This limitation is identified.as "Daily Maximum," in Part I of the permit. d. Ile "'average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported This limitation is defined as "Annual Average" in Part I of the permit. Part H Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic.mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the .sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or. measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples takenover a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD):. The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of.- (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. WI.s • _• The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50;000 per day of violation, or imprisonment for not more than 3 years, or both. Also,. any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref. - Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms,. conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any ' Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. deNTAT. • 91VAI Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under 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. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. . 7. Severability The provisions of this permit are severable, and if any provision of this permit-, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Faipiration 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 perntittee 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. MW 1le •� 1 All .applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either, an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and 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." an Q • 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. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. on- menu • :-.. • FIVIRM It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b: Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. . 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 Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 211, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. �IXWKOQ• ••I •'� 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. It s Test procedures for the analysis of pollutants shall conform to the EMC regulations published. pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. _ Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b . The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Ent[y The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records- that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions- of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1)• c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance - The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Fjore- ,•1 •II -j wt11k- 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. Part II Page 14 of 14 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. The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. MkTint Map The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. -If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. , Permit No. NCO075311 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mud Creek Water & Sewer District is hereby authorized to discharge wastewater from a facility located at Mud Creek South Wastewater Treatment Plant Aycock Avenue Hendersonville Henderson County to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requii Parts I, H, and III hereof. This permit shall become effective This permit and authorization to discharge shall expire at Signed this day 0 JUN 3 019c� ton Septern er tions set forth in DRAFT A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0075311 SUPPLEMENT TO PERMIT COVER SHEET Mud Creek Water & Sewer District is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Environmental Management, enter into a contract for construction of a wastewater treatment facility, and 2. Construct and operate a 0.300 MGD wastewater treatment facility located at Mud Creek South WWTP, Aycock Avenue, Hendersonville, Henderson County (See Part III of this permit), and 3. Make an outlet into Mud Creek, and 4. Discharge from said treatment works at the location specified on the attached map into Mud Creek which is classified as class C waters in the French Broad River Basin. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER, (April 1- October 31) Permit No. NCO075311 During the- period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C** Total Suspended Residue" NH3 as N Dissolved Oxygen*** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge Limitations Monthly AM Weekly Avg, 0.300 MGD 5.0 mg/1 7.5 mg/I 30.0 mg/1 45.0 mg/1 2.0 mg/I 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Continuous Recording I or E Daily Composite E, I Daily Composite -E, I Daily Composite E Daily Grab E; U, D Daily Grab E, U, D 28 µg/I Daily Grab E Daily Grab E,U,D Semi-annually Composite E Semi-annually Composite E ' Grab U,D * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent values (85% removal). ***The daily average for dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NCO075311 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 200C** Total Suspended Residue"* NH3 as N Dissolved Oxygen*** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge . Limitations Monitoring Requirements Measurement Sample *Sample Monthly AM Weekly Avg, Daily Max Frequency Type Location 0.300 MGD Continuous Recording I or E 10.0 mg/1 15.0 mg/1 Daily Composite E, 1 30.0 mg/1 45.0 mg/I Daily Composite E, 4.0 mg/l Daily Composite E Daily Grab E, U, D 200.0 /100 ml 400.0 /100 ml Daily Grab E, U, D 28 µg/I Daily Grab E Daily Grab E,U,D Semi-annually Composite E Semi-annually Composite E " Grab U,D * Sample locations: E - Effluent, I - Influent; U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. - **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent values (85% removal). ***The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO075311 PERMIT'TEE NAME: Mud Creek Water and Sewer District FACILITY NAME: Mud CreelckWastewater Treatment Plant Facility Status: Proposed Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 0.300 MGD Domestic (% of Flow): Industrial (% of Flow): Comments: 1992 100 % c z RECEIVING STREAM: Mud Creek pmrl r' Class: C. Sub -Basin: 04-03-02 'mo =3o Reference USGS Quad: F 9 NW (please attach County. Henderson Regional Office: Asheville Regional Office Previous Exp. Date: 9/30/95 Treatment Plant Class: III Classification changes within three miles: CO car Requested by- Jay Lucas Date: 3/14195 Modeler Date Rec. # SZ,,J 3 /s' SS 90,67 Drainage Area (mil) 23,3 Avg. Streamflow (cfs): f 7 7Q10 (cfs) d Winter 7Q10 (cfs) // 30Q2 (cfs)_ Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: DO Fi '_'-e Cam, Upstream Location vs° eA' Downstream Y Location CC- Effluent Characteristics Summer Winter BODS (nigh) .S /,o NH3-N (mg/1) 2 g D.O. (mg/1) 5— S TSS (mg/1) 3o 3o F. Col. (/100 ml) boo 200 PH (SU) flirt r,.0 , Prepared by• ``' A, _ , Date: 6 // (bt" Comments: Reviewed Date: La / 5 -&'p� /6.6 S 33 LiMn / r 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 WA-rc--R 4 S�:wC-7R PWRICT Request # 8267 Mud CreekWWTP NCO075311 Domestic - 100% Existing Renewal Mud Creek C 040302 Henderson Asheville Lucas 3/15/95 F9SW 1�,,A( 1 6 1995 Stream Characteristic: USES # Date: Drainage Area (mi2): 23.3 Summer 7Q10 (cfs): 8 Winter 7Q10 (cfs): 11 Average Flow (cfs): 47 30Q2 (cfs): 13 IWC W: Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of NPDES permit. Facility has not been built yet. Because of poor biological rating and proliferation of discharges to Mud Creek, a QUAL2E model was done on the Mud Creek/Clear Creek system in 1992. Recommend renewal of existing limits. Special Schedule Requirements and additional comments from Reviewers: 44 TLC/ Recommended by: ` • JDate: 5/9/95 Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineerin n JUN 10 1995 RETURN TO TECHNICAL SUPPORT BY: 2 CONVENTIONAL PARAMETERS ExistinLy Limi Monthly Average Summer Winter Wasteflow (MGD): 0.300 - 0.300 BOD5 (mg/1): 5 10 NH3N (mg/1): 2 4 DO (mg/1): 5 5 TSS (mg/1): 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): 28 28 Temperature (C): monitor monitor TP (mg/1): Semi- Semi - Annual Annual TN (mg/1): Semi- Semi - Annual Annual Recommended Limi Monthly Average Summer Winter WQ or EL Wasteflow (MGD): 0.300 0.300 BOD5 (mg/1): 5 10 WQ NH3N (mg/1): 2 4 WQ DO (mg/1): 5 5 WQ TSS (mg/1): 30 30 Fecal Col. V100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): 28 28 Temperature (C): monitor monitor TP (mg/1): Semi- Semi - Annual Annual TN (mg/1): Semi- Semi - Annual Annual Limits Changes Due To: Parameter(s) Affected 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 X_ 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. No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: 50 ft. Upstream of discharge Downstream Location: @ Clear Creek Road Parameters: Temperature, DO, Fecal Coliform, Conductivity Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Aid quaa of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No .< r---- If no, which parameters cannot be met? /VA Would a "phasing in" of the new limits be appropriate? Yes No 1� If yes, please provide a schedule (and basis for that schedule) with the -regional office recommendations: If no, why not? 4G1L-ITrE5 to 8F bC-Si&A✓E!> 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. HENDERSON COUNTY UTILITIES DEPARTMENT 101 EAST ALLEN STREET HENDERSONVILLE, N.C. 28792 PHONE 704/697-4818 FAX 704/697-4533 April 5, 1995 Mr. Jay B. Lucas, PE Environmental Engineeering State of NC DEHNR PO Box 29535 Raleigh, NC 27626-0535 Re: NPDES Application for renewal of NPDES Permit No. NCO075311 Mud Creek WWTP Henderson County, North Carolina Dear Mr. Lucas, If I may, I would like to provide you with some information concerning Henderson County's request for the renewal of the above referenced Permit. In 1986 Henderson County forged an Agreement with Hendersonville for Hendersonville to treat 500,000 gallons of wastewater per day. for Henderson County. Henderson County then spent over $2,000,000 to construct an interceptor and collector sewer system in the southeastern section of the County. The new system was designed to connect to the Hendersonville system. After the construction was complete Hendersonville refused to allow Henderson County to discharge wastewater from its new system into Hendersonville 's system because the two entities interpreted the 1986 Henderson County/Hendersonville Agreement differently. Henderson County had.to secure the Order of a Judge to force Hendersonville to allow Henderson County to connect. With this history and with the situation where Hendersonville is apparently near or over the capacity of their existing WWTP, Henderson County believes that it is crucial for this Permit to be renewed. Henderson County has gone to great efforts and expense to construct an interceptor and collector sewer system to help create jobs and provide a higher standard of living. Henderson. County feels that our Permit should be renewed as an insurance policy in case Henderson County needs more or faster wastewater service than Hendersonville is willing or able to provide. If Hendersonville is placed under a.moratorium or is otherwise unable or unwilling to provide sewer service to Henderson County, hundreds of excellent jobs could be lost. This would be a terrible price for Henderson County to have to pay because the State wouldn't renew our Permit. NPDES Permit No. NCO075311 Page 2 If you need additional information, please call. Sincerely, James S. Erwin, Jr., Director Henderson County Utilities Department JSEJr/ccw cc: Mr. David F. Thompson County Manager Mr. David A. Goodrich Permits & Engineering Unit Division of Environmental Management/WQ Section Mr. Paul White, P.E. Environmental Engineer Mr. Jon Laughter, P.E. Laughter, Austin & Associates State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ffl:.W;TA IT 0 A&4 IDEHNFi May 1, 1995 MR JAMES S. ERWIN MUDD CREEK WATER & SEWER DISTRICT 100 N. KING STREET Subject: HENDERSONVILLE, NORTH CAROLINA 28792 Dear MR ERWIN: �GL0 WF.f� � AY - 51995J;U Returnof Incomplete Applie Upward Interchange Project Sewers ivate �ffe'nderson Count In accordance with Division policy, the enclosed application package, which was received on April 26, 1995, is being --returned as incomplete.The following checked items are lacking: -Two sets of plans/specifications signed and sealed by an N.C. Professional Engineer. -Five sets of plans/specifications signed and sealed by an N.C. Professional Engineer. -Two copies of all required supporting materials. ,f -Appropriately completed and signed application form plus. one copy. -Letter from current permit holder requesting name change. -Letter of flow acceptance (SPECIFYING FLOW) from owner of receiving treatment facility. This letter must be included in package when re -submitted. -Operational Agreement for sewers owned by individual residents, a homeowners association, or a developer. -Permit application processing fee of $. -Subsurface evaluation/soil scientist's report for surface and subsurface waste disposal permits, including loading rate calculations. -Waste analyses and Toxicity Characteristic Leachate Procedure (TCLP) Analysis. ,f -Other Items: *Application must be completed. Page 2, III-5 must show GPD, IV-2(a)(b) must be complete. Page 4, IV-11, infiltration/exfiltration test rate must be less than or equal to 100. After all required submittal information has been obtained, the completed application package may be resubmitted in accordance with the submittal instructions included on the application form. Be sure to submit all originally submitted information (and copies) along with the required additional information. If you have any questions, please contact Michael Allen at (919),733-5083, ext. 547. cc: Asheville Regional Office Laughter, Austin & Associates, Inc. SERG Return File Sincerely, 0-a ,Carolyn McCaskill, Supervisor rel_ State Engineering Review Group Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer HENDERSON COUNTY UTILITIES DEPARTMENT 101 EAST ALLEN STREET HENDERSONVILLE, N.C. 28792 PHONE 704/697-4818 FAX 704/697-4533 JAN 2 21997 January 16, 1997 Mr. Paul White NCDEHNR 59 Woodfin Place Asheville, NC 28802 RE: Mud Creek Water and Sewer District Mtn. Home pump station malfunction Dear Mr. White: This letter is to provide you information concerning a malfunction at our Mtn. Home pump station that resulted in a small amount of overflow into a ditch along Industrial Park Road. The overflow amount was minimal, which was just an amount that came out between the manhole lid and cover. The overflow did not enter any stream. Both pumps at the station site malfunctioned. The findings were that both implellers were clogged. The pump station is now in normal operation. To prevent any future overflows, we are requiring Kyocera Industrial Ceramics to do filtering and settling of their process waste and also we plan to order spare pump parts for emergencies. Kyocera is currently trying to implement a plan to clean up their industrial process discharge. If you have -any questions or need additional information, please call. Sincerely, 4z Doyle Freeman State of North Carolina Department of Environment, Health and Natural Resources James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary April 21, 1997 Steve W. Tedder, Chairman Mud Creek South James Erwin 101 East Allen Street Hendersonville NC 28792 Dear Mr. Erwin: e�� IDEHNR Subject: Classification of Water Pollution Control Systems Mud Creek South, WWTP Permit No. NCO075311 Henderson County In accordance with North Carolina General Statute §, 90A-37, the Water Pollution Control System Operators Certification Commission is required to classify all water pollution control systems. The Rating Scale for Classification of Wastewater Treatment Facilities, found at 15A NCAC 8C .0002, was adopted by the Commission to classify water pollution control systems. The rating scale assigns points to each component of the treatment process. The classification of a facility is determined by the total number of points for all components of the treatment process. The Water Pollution Control System Operators Certification Commission hereby classifies the subject facility as Grade 4 Wastewater Treatment Plant., As required by 15A NCAC 8A .0202 and your permit, you are required to designate an Operator in Responsible Charge (ORC) and back up operator of the appropriate type and grade for the subject facility. Your facility requires a Wastewater Grade 3 or higher Wastewater Treatment Plant Operator in Responsible Charge and Wastewater. Grade 1. or higher back up operator. Please complete and return the enclosed ORC designation form by June 2, 1997. Failure to designate a properly certified operator and back-up operator by the above date constitutes a violation of the permit issued for this facility. If you have any questions concerning this classification or the designation of an ORC, please . contact Barry Huneycutt. or Dwight Lancaster at 919/733-0026. GBH/Class. Let cc: Permits and Engineering Water Quality Files -.kS- _eU-e R v egional; Office =- Enclosure Sincerely, Joseph B. McMinn, Supervisor Technical Assistance and Certification Group Liu i d� APR 2 3 1997 1 Water Pollution Control System -W 14 Voice 919-733-0026 FAX 919-733-1338 Operators Certification Commission N*f An Equal Opportunity/Affirmative Action Employer P.O. Box 29535 Raleigh, NC 27626-0535 50%recycled/100% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director 1D E H N Ft �-- March 14, 1995 Mr. James S. Erwin, Jr. Town of Hendersonville 101 East Allen Street Hendersonville, North Carolina 28792 Subject: Dear Mr. Erwin: Application No. NCO075311 Mud Creek WWTP Henderson County The Division's Permits and Engineering Unit acknowledges_ receipt of your permit application and supporting materials received on March 8, 1995. I am conducting a detailed engineering review of this application which has been assigned the number shown above. Please refer to this number when making inquiries on this project. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this application, please contact me at 919/733-5083 extension 502. Sincerely, ay B. Lucas, P.E. r Environmental Engineer -2 cc: Asheville Regional -Office, Water Quality Permit File P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper CIV LAA95-43' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT/ WATER QUALITY SECTION NATIONAL POLLUTANT DISCHARGE,ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE -SHORT FORM D - TO BE FILED ONLY BY DISCHARGES OF 100% DOMESTIC WASTE (< 1 MGD FLO M. S North Carolina NPDES Permit No. N C 10 0 7 5 3 (if known) I S �� Please print or type Mailing address of applicant. Lb Facility Name Mud Creek Water & -Sewer District Owner Name- Henderson County Board- of Commi Sioners Street Address 100 North King Street City Hendersonville State North Carolina ZIP Code 2 8 7 9 2 Telephone No. ( 704) 697-4808 2. Location of facility producing discharge: Name (If different from above) Facility Contact Person Street Address or State Road City - County Telephone No. James S. Erwin, Jr. 101 East Allen .Street Hendersonville Henderson (704) 697-4818 3. 77zis NPDES Permit Application applies to which of the following : Expansion/Modification * Existing Unpermitted Discharge Renewal XX _.New Facility * Please provide a description of the expansion/modification: N/A 4. Please provide a description of the existing treatment facilities,: 0.3 MGD permitted discharge = `,'c'� z EF co w \ Page 1 of 2 Version 1195 5. Please indicate the source of wastewater from the_ description of facilities listed (check where applicable): Type of Facility Generating Wastewater -`- Industrial Commercial Residential School Other Number. of -Employees Number of Employees Number ` of Homes Number of Students/Staff- Please describe source of wastewater (example: subdivision, mobile home park, etc.): 6. Number of separate wastewater discharge pipes/wastewater ."tfalls (if applicable): . 7. If separate discharge pipes, describe the source(s) of wastewater for each pipe: 8. Name of receiving water or waters: (Please provide a map showing the exact location of discharge) Mud Creek 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. James S. Erwin, Jr. Printed Name of Person Signing Utilities Department Director Title �2 moo Date Application Signed Si ature of Applicant / North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 2 of 2 Version 1/95 State of North Cara a Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. David Thompson 100 North King Street Hendersonville, NC 28792 Dear Mr. Thompson: April 29, 1994 Subject: Permit Modification Permit No. NCO075311 Mud Creek WWTP Henderson County On February 23, 1994 the Division of Environmental Management forwarded the subject permit. The Supplement To Permit Cover Sheet listed William t. Morris as owner of the facility instead of Mud Creek Water and Sewer District. Please find the enclosed Supplement To Permit Cover Sheet which should be inserted into your permit. The old page(s) should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full- effect. These permit modifications are issued pursuant to the requirements -of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you. have any questions concerning this revision, please contact Mr. Jay Lucas at telephone number 919/733-5083. S' cere ly, t-A. Preston How d, Jr., P.E. Enclosure cc: + on foie Water utility Mr. Jim Patrick, EPA Compliance ;�oN Central Files wpitiRREGo�R CFF1C� pSiiEV11-� P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-73 - 15 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper .1 Permit No. NC0075311 SUPPLEMENT TO PERMIT COVER SHEET Mud Creek Water and Sewer District is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Mud Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.300 MGD wastewater treatment facility located at Mud Creek Wastewater Treatment Plant, Aycock Avenue, Hendersonville , Henderson County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Mud Creek which is classified class C waters in the French Broad River Basin. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management r � James B. Hunt, Jr.; Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 23, 1994 David Thompson 100 North King Street Hendersonville, NC 28792 Subject: Permit No. NCO075311 Mud Creek WWTP Henderson County Dear Mr. Thompson: In accordance with your application for discharge permit received on September 27, 1993, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Jay Lucas at telephone number 9191733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA Alreegonal{Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Perm: :). NCO075311 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT TO DISCHARGE WASTEWATER UNDER THE In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mud Creek Water and Sewer District is hereby authorized to discharge wastewater from a facility located at Mud Creek Wastewater Treatment Plant Aycock Avenue Hendersonville Henderson County to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 1, 1994 This permit and the authorization to discharge shall expire at midnight on September 30, 1995 Signed this. day February23, 1994 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0075311 SUPPLEMENT TO PERMIT COVER SHEET William T. Morris is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. ' Make an outlet into Mud Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.300 M[GD wastewater treatment facility located at Mud Creek WWTP, Aycock Avenue, Hendersonville , Henderson County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Mud Creek which is classified class C waters in the French Broad River Basin. A. (). EFFLUENT LHVIITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NCO075311 During the period beginning on the effective date of the permit and lasting until expiration, the Pernuttee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent `Characteristics Flow BOD, 5 day, 20°C" Total Suspended Residue" NH3 asN Dissolved Oxygen`-" Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C - Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge Limitations Monthly AM Weekly Avg. 0.300 hM 10.0 mg/I 15.0 mg/I 30.0 mg/1 45.0 mg/I 4.0 mg/I 200.0 /100 ml '400.0 /100 ml Monitoring Requirements Measurement Sam Igoe 'Sample Dally Max Frequency Type Location Continuous Recording I or E 3/Week Composite E, 3/Week Composite E, 3/Week Composite E 3/Week Grab E, U, D 3/Week Grab E, U, D 28 µg/1 3/Week Grab E Daily Grab E,U,D Semi-annually Composite E Semi-annually Composite E 3/Week Grab U,D * Sample locations:,E - Effluent, I - Influent, U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent values (85% removal). ***The daily average dissolved oxygen effluent concentration shall not beless than 5.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 3/week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. II A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NCO075311 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the pemuttee as specified below: Effluent Characteristics Flory BOD, 5 day; 200C** Total Suspended Residue** NH3 as N Dissolved Oxygen*** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature, °C Total Nitrogen (NO2+NO3+TKN) Total Phosphorus Conductivity Discharge Limitations Monthly Avy, Weekly Avg, 0.300 MGD 5.0 mg/I 7.5 mg/I 30.9 mg/I 45.0 mg/I 2.0 mg/I 200.0 /100 ml 400.0 /100 ml Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Tyne Locatlon Continuous Recording I or E 3/Week Composite 1 E, 3/Week Composite E, I 3/Week Composite E 3/Week Grab E, U, D 3/Week Grab E, U, D 28 µg/I 3/Week Grab E Daily Grab E,U,D Semi-annually Composite E Semi-annually Composite E 3/Week Grab U,D * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the point of discharge, D - Downstream at Clear Creek Road, Upstream and Downstream monitoring is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. **The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15 % of,the respective influent values (85% removal). ***The daily average for dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored Week at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance wifh the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below-. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. v ?. No later than 14 calendar days following a date identified in the above schedule of compliance; - the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates. a written notice of compliance or noncompliance. In the latter cage, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Pan II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERNUTS SECTION A. DEFINITIONS 1. Permit Issuing Authoritti• The 'Director of the Division of Environmental Management. 2. DEM orDiyision Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3 . F-MC Used herein means the ?north Carolina Environmental Management Commission. 4. Act or "the .Act" The Federal Water Pollution Control. Act, also known as the Clean Water Act, as amended. 33 USC 1251, et. seq. 5. MassfDav Measurement-, The "monthiv average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore. an arithmetic- mean found by adding the weights of the pollutant found each day of the month and then dividine this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sundae - Saturday) on which daily discharges are sampled and measured. divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the %veek and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d . The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such Year. It is. therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Pan II ' Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal-coliform bacteria. is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled -and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar :day. The average monthly count for fecal coliform bacteria is the geometric mean of the .counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Pan I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during.such week (arithmetic mean -of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as " Keekly Average" under "Other Limits" in. Pan I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "?Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d . The "average annual concentration," other than for fecal coliform bacteria, is the sumof the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the ,samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average under "Other Limits" in Part I; of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved ox}'gen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in -the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June. July through September, grid October through December. Pan II Page 3 of 14 7. Other Measurements Flow. (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total dailv flows recorded during the calendar month. b An "instantaneous flow measurement" is a measure of flow taken at the time of sampling when both the sample and flog will be representative of the total discharge. c. A "continuous flow- measurement" is a measureofdischarge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the i1frequent times when there may be no flow or for infrequent maintenance activities on the i; ow device. 8. Types of Samples a. Composite Sample: A composite sample steal. :_: ;t of: (1.) a series of grab samples collected at equal tir ,e intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined v a preset number of gallons passing the sampling point. Flow measurement bets sample interyals.shall be determined by use of a flow- recorder and totalizer, an ' present gallon interval between sample collection fixed at no greater.than 1/24 e expected total daily flow at the treatment system. or (3) a single. continuous sample collected m :. 4 hour period proportional to the rate of fflow. In accordance with (1) above, the time interval h,een influent grab samples shall be no greater than once per hour, and the time interval tween effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 2.4 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (C) hours nor the number of samples less than four (4) during a.24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of ?deans Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the .number of individual values-. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be. considered to be one (1). Part II Page 4 of 14 Weighted by ]Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL. CONDITIONS 1. Duty to Comt ly The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination. revocation and reissuance, or modification; or denial of a permit renewal application. The permittee shall comply 'with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 40_5(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person. who negligently violates any permit condition is subject to criminal penalties of 52,500 to 525,000 per day of violation, or imprisonment for not more than 1 year, or both. Anv person who knowingly violates permit conditions is subject to criminal penalties of 55,000 to S50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed 510,000 per violation with the maximum amount not to exceed 5125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the .Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed 525,000. Part II Page 5 of 14 Penalties for Class II violations are°not to exceed S10,000 per day for each day during Which the violation continues, with the maximum amount of any Class II penalty not to exceed S7 25-.000. 2. Dun- to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal liability: Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part 1I, 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- 215.5 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 subiect to under \CGS 143-2_15.75 et seq.. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills. even though the responsibility for effective compliance may be temporarily suspended. 5. Propem- Rights The. issuance of this permit does not convey any property rights in either real or personal propem-. or any exclusive privileges, nor does it authorize any injury to private property or any invasion- of personal rights. nor any infringement of Fedora], State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work. in any navigable waters. 7. Severabilin• The provisions of this permit are _severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected. thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within'a reasonable time, any information which the Permit Issuin(y 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 reeords required to be kept ,by this permit. Part II Page 6 of 14 9. Duty to Rearriv If the permittee:%vishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10: Expiration of Permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than. 180 days prior to the expiration date. Any permittee that has -not requested renewal at least 180 days prior to expiration. or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11.'Signatory Requirement< All applications,'reports, or information submitte� to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: ra 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 de-ision making functions for the corporation, or (b) the manager of one or more mar,j;..-turing production or operating facilities employing more than 250 persons or h i% ng gross annual sales or expenditures exceeding 25 million (in second quarter 19 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a munici ality, State, p Federal, or other public agency by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2).The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part I1 Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of lave, 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. 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 1?2 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100, and Forth Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastev<,ater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the-permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50 rc complete. Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee "shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) vc,hich are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypa_,sing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment fa:ility including the collection system, which is not a designed or established or operating mode for the facility. ` (2) "Severe property damage" means substantial physical damage to property. damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d.. of this section. c. Notice (I.) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in :here is unintentional and temporary noncompliance with technologv based pet ;cent limitations because of factors beyond the reasonable control of the permittee n :pset does not include noncompliance to the extent caused by operational error. : i:;-r -nerly designed treatment facilities, inadequate treatment facilities, lack of preyen:i\•e _naintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense i action brought for noncompliance with such technolo2v based permit effluent limitat' if the requirements of paragraph c. of this condition are met. No determination made ng administrative review of claims that noncompliance was caused by upset, and 1 e an action for noncompliance, is final adn;;nistrative action subject to judicial revie-.-. c. Conditions necessary for a demonstration of ups.: A permittee who wishes to establish the aftirmat.ve 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 .vas at the time being prorerly operated: and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the- burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of vast-2waters 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 Stag. or navigable ix,aters of the united Staics. The permittee shall comply with all existing federal Pan II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Pan 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified. or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The pern ittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEl`1 Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING A`�D RECORDS 1. Representative Samnlin; Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents: All samples shall be taken at the monitoring points specified in this permit and, unless othervvise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitor= results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharse Monitoring Report (DNTR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DIN1R is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flovt• measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discii-rge rates throughout the range of expected Part II Page I 1 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's Pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to I�CGS 1437215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water oll Pution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all d4ta generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than 520,000 per day of violation, or by imprisonment of not more than 4 sears, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling of 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 rzsuits of such analyses. _ Pan II Page 12 of 14 8. Inspection and Entn- The penruttee 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; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Sample or monitor at reasonable times, for the Purposes of assuring permit compliance or as othei-xvise. authorized by the Clean Watt: ,%.:t, any substances or parameters at any location. SECTION E. REPORTING REQLIREMEN-TS 1. Chance in Discharge All discharges authorized herein- shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identific;l in this permit more frequently than or at a level in excess of that authorized shall constitute violation of the permit. 2. Planned Chances The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. 1\o:ice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether.a facility is a new source in 40 CFR Pan f22.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Pan 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director -of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Pan II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring_ Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. ?Monitoring results must be reported on a Discharge Monitoring Report (I)MR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DNIR. . c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. TA-ent,.•-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a -maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other ?noncompliance The permittee shall report all instances of noncompliance not reported under Part U. 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. Part II Page 14 of 14 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 an} report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: Any occurrence at the water pollution control facility which results in the discharge of si�nifrcant 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. 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 cf pumps, aerators, compressors, etc. An.' failure of a pumpin, station, sewer line, or treatment facility resulting in a by-pass direct]%- to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reportin, such occurrences by telephone shall also file a written report in letter form wl',hin 5, days following first knowledge of the occurrence. 10. Availability of Rer orts 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 av ai)able for public inspection at the offices of the Division of Environmental ?Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provI'ded for in : CGS 143-215.I(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more'than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the, type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C • _1• . • • The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater 'monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substance . The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any -activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not'limited in the permit, if that discharge will exceed the highest of the following "notification levels (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2:4-dinitr6phenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate, action to revoke the permit 1 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary Nann B. Guthrie, Regional Manager Asheville Regional Office WATER QUALITY SECTION November 22., 1993 TO: Melba McGee Office of Policy Development THROUGH: Roy M. Davis, Regional Su ervisor Division of Environmen 1 Management Forrest Westall Water Quality Regio pervisor FROM: Paul R. White, P. E. Environmental Engineer SUBJECT: A95 Review Appleland Business Park Mud Creek Water and Sewer District Henderson County , This project involves a sewer line projected to be constructed in early spring of 1994.' The ultimate flow is expected to be 100,000 gallons per day, projected to occur within three years. Prior to construction, a permit for the sewer line extension would have to be obtained from the Division of Environmental Management. Currently, the Mud Creek Water and Sewer district is served by sewer lines discharging to the City of Hendersonville's collection system and wastewater treatment plant. When the application for the sewer line extension is reviewed, careful consideration will have to be given to remaining capacity in the Hendersonville wastewater treatment plant. Although current flows are around 1_ million gallons per day less than the permitted flow, in the spring of 1993 the flow exceeded the permitted capacity for the month of April. In addition, flows for the month of March were within 10,000 gallons per day of the permitted flow. Although this was attributed to heavy snow melt and rains, it does indicate a problem with inflow and infiltration which could potentially increase flows again during periods of heavy precipitation. Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 Telephone 704-251-6208 FAX 704-251-6254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Melba McGee November 22, 1993 Page 2 Currently there is around 3901000 gallons per day of flow which has been permitted to the Hendersonville plant, but.which is not yet tributary to the -plant. It is estimated by the City of -Hendersonville that repairs have eliminated 637,000 gallons per day of potential inflow and infiltration, however, the amount of excess flow which will occur during wet periods is difficult to predict. In short, there has been times when this office could not have recommended approval of a permit for this amount of additional flow. Plans for expansion of the Hendersonville plant or for a temporary Mud Creek Water and Sewer District plant do not coincide with the projected construction schedule for the Appleland Industrial Park sewer line. The ability of the Hendersonville plant to accept this amount of additional flow and remain within its currently permitted flow limit hinges upon how much inflow and infiltration has actually been eliminated from the system. This determination will be made on all available data at the time the application for sewer line extension is reviewed. It is recommended that the project be approved. A state permit for construction of the sewer line will have to be obtained to provide sewer service for this area. If you have any questions, please do not hesitate to call. copy:' David Thompson Tom Kilpatrick SOC PRIORITY PROJECT: No IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Jay Lucas DATE: October 1-8, 1993 NPDES STAFF .REPORT AND RECOMMENDATION COUNTY Henderson PERMIT NUMBER NCO07531.1 PART I - GENERAL INFORMATION 1. Facility and Address: 2. Date of Investigation: 3. 4. Report Prepared By: Mud Creek South WWTP Henderson County Board of Commissioners 100 North King Street Hendersonville, N. C. 28792 October 12. 1993 Paul White Contact person and Telephone Number- David Thompson,County Manager 704-697-4808 5. Directions to Site: The proposed point is located beside Ball Field 8 in Jackson Park neat- 1-.1v-. entrance off of East Fourth Avenue. From this entrance to T,)clFon Park, proceed across Mud Creek and turn right onto the rlr to Ball Field 8. The discharge point is located at: th- h--nd in Mud Creek at the southwest corner of the ball The proposed wastewater treatmr.nf 1-,1,)nt is to be located at the midpoint of the force main. Ac-r-1 is from Highway 176, Glover Street, and Aycock Avenue neap: la,(- entrance to Jackson Park. From Highway 176 turn on Glover `"f-rr�et and go 0.44 mile to Aycock Avenue and turn left. Entrance t- 1,A,7'T'P site is 0.15 mile on the right. 6. Discharge Point(s), List for all discharge points: Latitude: 350 18' 54" L,ongi.1-l1de- 820 27' 07" Attach a USGS map extract and i.nd;.rate treatment facility site and discharge point on map. Page 1 U.S.G.S. Quad No. F9NW T1_r.r:.,. Quad Name Hendersonville. 7. Site size and expansion area consistent with application? yes Yes No If No, explain: 8. Topography (relationship to flood plain included): WWTP site is on a hill top adjacent to and 50 feel.- above the Mud Creek flood plain. 9. Location of nearest dwelling: ion feet. 10. Receiving stream or affected surface waters: Mud Creek. a. Classification: C b. River Basin and Subbasin No.: French Broad 04-03-02. C. Describe receiving stream features and pertinent downstream uses: Receiving stream clia.n.nPl. has been modified by removal of streambank vegetation. arncl f.i_1_ling in the area of the discharge point. Mud Creelz srepara.tes urban areas to the west from suburban areas to the east;. The receiving stream drains adjacent commercial, resi.cl-W-J a 1., and industrial areas of Hendersonville for several along this. section of its length. Its assimilative capacJt-y has been over -allocated, resulting in a study recommend i ng 10/2 limits for BOD and ammonia. See "A Water Qualit-y Arr.alysis of the Proposed and Existing Discharges to Mu(] and Clear Creeks in Hendersonville, NC". PART II - DESCRIPTION OF DISC ITA R ' I" AND TREATMENT WORKS 1. a. Volume of wastewater to he .300 MGD (Ultimate Design Capacity) b. What is the current permi tt-nr1 capacity of the Wastewater Treatment facility? Not C. Actual treatment capacity c,F +-b - current facility (current design capacity Not consi.vii I 1 d. Date(s) and construction ar:t:i�7i.ties allowed by previous Authorizations to Construct i.ss,ied in the previous two years: none. e. Please provide a descriptJoi-i of existing or substantially constructed wastewater t:r.P�tm�ni facilities: Not constructed. Pau- f. Please provide a description r)f proposed wastewater treatment facilities: 300,000 gpd aeration wastewater treatment facility with bar �rPen, grit and grease removal basin, primary clarificat:i_on, i_nfluent flow equalization, aeration basin, final clarifier, chlorine contact, flow measurement, effluent lift si-_atJon, force main to Mud Creek, sludge thickener, anaerobic digester, belt filter press, and land application of sludge. (Tertiary treatment will be required to meet existing effl.uQnt limitations. In addition, regional office recommends digestion in lieu of anaerobic digestion.) g. Possible toxic impacts to surfa.rQ waters: Ammonia, chlorine, household cleaning compounds. h. Pretreatment Program (POTWs only): n/a in development approved should be required not;. needed 2. Residuals handling and utilization/disposal scheme: Land apply. a. If residuals are being la..n-i applied, please specify DEM Permit Number n/a Residuals Contractor n/a Telephone Number n/a b. Residuals stabilization: P13PP Y PFRP OTHER C. Landfill: d. Other disposal/utilization. scheme (Specify): 3. Treatment plant classification -rating sheet): III 4. SIC Codes(s): 4952 Wastewater Code(s) of actual wa.stewal:Pr, not particular facilities i.e., non -contact cooling water -Ii ah;- rge from a metal plating company would be 14, not 56.. Primary 05 Secondary fez Main Treatment Unit Code: 051 '2 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being construct—] taiFh Construction Grant Funds or are any public monies involved. (Tnunicipals only)? no Pane: PAN 3. Special monitoring or l.imitat.nns (including toxicity) requests: none Important SOC, JOC, or Comp.l.ianc- Schedule dates: (Please indicate) n/a Date Submission of Plans and Specifications Begin Construction Complete Construction Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Not feasible. Connection to Regional Sewer System: The following information was gathered from the files and from cor,respondence and conversations with Tom Kilpatrick, Director, Hendersonville Water and Sewer Department, and William Morris, Jr.-_ engineering consultant for Henderson County. The service area for this proposed facility is currently partially sewered. The intercepter is r(nQcted to the City of Hendersonville with a 1.0 mgd lift station. The need to maintain this discharge permit is for the fnl.lowi.ng reasons: - The City of Hendersonville's flow is approaching its capacity. - The county has utilized 92,000 gal. of a 150,000 gal. flow allocation from the City Of Fienrler•.,nnville. - Existing potential sewer taps, ,)Ion7 existing county sewer lines would utilize the remaining .f_Jow :11 1 ocation. - The City and the County ea.ch p1 1— Locate a large regional wastewater treatment plant neat Ili- mouth of Mud Creek, however, they are not yet in agreement-. o, , cooperative effort in relation to sharing the cost.. of t-hr, plant and interceptor lines. - Even if the location of a regional l)Iant proceeds smoothly, the remaining capacity of the Hendei-- onj i. lle plant and/or the flow allocation from the City of Heml—:r nvi lle to the county may be utilized prior to the availability - the additional capacity, resulting in a moratorium on connections for the City of Hendersonville and/or Henderson C'n,:nry. - The availability of this NPDES Pe,,ni.t. will assure the option of connection of numerous package as the sewer lines are made available in the Mud Creel; 0i';,i n.age basin south of Hendersonville to a common coll.er.-I-inn and treatment system, prior to expansion of the City or we,id.ersonville's facility or construction of a regional treatment facility and associated intercepters near 1-h- n,n,it:].1 of Mud Creek. Subsurface: Not feasible. Other disposal options: Pa Cie 1 5. Other Special Items: PART IV - EVALUATION AND RFC~OMMENDATIONS The proposed treatment facility is in extended aeration secondary treatment facility. Existing limits could not be consistently met without tertiary treatment. Also Regional Office recommends aerobic sludge digestion in .Lieu of anaerobic due to odor concerns. These items should either be revised in the supporting information supplied with the applic-�-)ti.on for renewal or addressed in the cover letter with the renew(-(-] permit. It is recommended that the permit 1-- renewed as requested. ra� Signature of Report Preparer c ater 0"al_ity Regional Supervisor Pacle 0caner of Cont�ict Person: Mailitig Address:--�Oc,l- - SZ--- - --- County: ItFEKUIr/ZSnN I e!ephone:7pt{ _ 6qZ__�48 NPDES Permit No. NC00 -753// Nondisc.- Per. No. IssueDate: 14PRlL. /7 lq89 Expiration _ Date: S1 Existing Facility New Facility Pjio�05-_—P Rated By: eA•U L wEf«E Date: OGT. 15 /� 3 Reviewed (Train. & Cert.) Reg- Office_, Reviewed (Train. & Cert.) Central Office ORC_ /(!�/,� Grade Plant Class: (circle one) I II III IV Total Points S�— ITEM POINTS 15) SECONDARY TREATMENT UNITS (1) Industrial Pretreatment Units and/or (a) Carbonaceous Stage (i)Aeration - High Purity Oxygen System Industrial Pretreatment Program ...:. Diffused Air System 20 i 0 (see definition No. 33) 4 ........... , � (2) DESI N FLOW OF PLANT IN GPD Mechanical Air S stem fixed, y (not applicable to non -contaminated cooling waters, sludge floating or rotor) ......... . .. . . Separate Sludge Reaeration 8 handling facilities for water purification plants, totally' (ii) Trickling Filler 3 closed cycle systems (def. No. 11). and facilities High Rate consistingonly. of Item 4 d or Items 4 rd and r11 y, .... O (. ) (d)) ................... 0 20,000......................... 1 Standard Rate ............... 5 Packed Tower................ 5 (iii)'Biological Aerated Filter or Aerated 100.001 -- 250.000 ....... " ............. °iolo°ical Filter ...................... 1 0 ' 250,001 -- 500,000.......................... © (iv) Aerated Lagoons .... . ................ 10 500,001-.•1,000,00o .......................... 8 1,000,001 -- 2.000.000 (v) Rotating Biological Contactors .......... 1 0 ........................ 10 2,000.001 (and up) - rate 1 point additional for each (vi) Sand Filters- 200,000 gpd capacity up to a intermittent biological 2 maximum of 30 Design Flow (gpd) recirculating biological 3 (3) PRELIMINARY UNITS (see definition no. 32) (a) Bar Screens (vii) Sizbil:zation Lagoons .................. . (viii)C!arifier ..... ................................ 1 (ix) Single stage system for combined or (b) Mechanical Screens, Static Screens or carbonaceous removal of BOD and Comminuting Devices .......... 2 • . O nitrogenous removal by nitrification (c) Grit Removal ...... :........................ (see def. No. i 2) (Points for this item or have to be in addition to items (5)- (a) (d) Mechanical Aerated Grit i ........... 0 (i) through (5) (a) (viii) ................. 8 (e) Flow Measuring Device .................. 1 (x) Nutrient additions to enhance BOD or removal ............................... 5 (t) Instrumented Flow M eas......... (xi) Biological Culture ('Super Bugs-) addition (g) Preaeralion .... 2 io enhance organic compound removal ..... 5 (b) Nilrooenous Stage (h) Influent Flow t_qualizaiion .. .. � (i) Aeration - High Purity Oxygen System . . . 20 (i) Grease or bit Separators - Gravity - - - 2 ii,i;used Air System ........... r 1 J Mechanical ...... 3 Mechanical Air System (fixed, Dissolved Air Flotation 8 floating• or rotor) ...... ... . 8 (j) Prechlorinalion .. ...... I ` Separate Sludge Reaeration ..... 3 (i7) Trickling Filter - (4) PRIMARY TREATMENT UNITS High Rate ............... 7 (a) Septic Tank (see definition no. 43) 2 Standard Rate ............ 5 (b) Imhoff Tank .............. . ..... i 5 (C) Primary ClarilierS ` Packed.Tower............ (iii) E,,ological Aerated filler or Aerated 5 .. I (d) Seltling Ponds or Sellling Tanks lot Inorganic r,,01p ,Cdl Filler ' . ' ' . . ....... (Iv) Roiaung Bioloq;ca! Contactors � 0 ' 1 0 Non -toxic Materials (sludge ht?ndfing facilities, (v)- San(1 Filer lot water purification plants, sand• gravel. s!onc, ;?nJ other Honing operations nw:,rnillenl biological . ; rCcr e;?ttnnal Al�ilvil, C'i :U7:11 If',gent la y°i(I rC1CirZu!alu7 biological g -� 3 n L7l ul(1) tiIIANI' O!t l,fi''rrK;l"ll IIif. AIMI Nf ONII :,;I ;,rt,v.tlrrl (;:+rt,r,n�, ficrlL withc,ul r:arL:,n regeneration . . v.,;lh Carl)on rr:,'p-neralion . ....... ...... . i (t;) F'ov.-tiered or Granular Activated Carbon Feed - wilhout Carbon regeneration ............... . . with carbon regeneration ................... 1 (C) Air Stripping .................. ......... 5 (ci) Denitrification Process (separate process) . .. . . I 0 (e) Elec,rodialysis .............................. 5 (f) Foarn Separation ............................. 5 (g) ton Exchange ................................ 5 (h) Land Application of Treated Effluent (see definition no. 22b) (not applicable for sand. gravel, stone and other similar mining operations) (i) on agriculturally managed sites (See def. No- 4)------ ............................ 10 (i i) by high rate. infiltration on non -agriculturally managed sites (includes rolaiy distributors and similar fixed nozzle systems) ........... C (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except at plants consisting of septic lank and nitrifica- tion lines only) ............................. 4 W Microscreens.............................'..... 5 (j) Phosphorus Removal by Biological Processes (See def. No. 26) ........................ . . . . 20 (k) Polishing Ponds - without aeration ....... 2 with aeration .......... 5 (1) Post Aeration - cascade .............. 0 diffused or mechanical ... 5 (m) Reverse Osmosis ............................... 5 (n) Sand or Mixed -Media Fillers - low rate .......... . high rate....--.... (o) Treatment processes for removal of metal or cyanide .................................... 15 (p) Treatment processes for removal of toxic materials other than metal or cyanide ......... 1 5 1DGE TREATMENT (a) Sludge Digestion Tank - Heated ............... 1 0 Aerobic ............... 5 Unheated. .__ ....... 0 (b) Sludge Stabilization (chemical or thermal) . . . . . . 5 (c) Sludge Drying Beds - Gravity ................. 2 Vacuum Assisted ....... 5 (d) Sludge Eluirialion ............................. 5 (e) Sludge Conditioner (chemical or thermal) ... .. . . . 5 (f) Sludge Thickener (gravity) ...................... 5 (g) Dissolved Air Flotation —Unit (not applicable to a unit rates as (3) (i) ......... 8 (h) Sludge Gas Utilization (including gas storage) . . . . 2 (i) Sludge Holding Tank - Aerated ................ 5 Non -aerated ............ 2 (j) Sludge Incineralor - (not including activated carbon regeneration) ..... 1 0 (k) Vacuum Filler, Centrifuge or Filler Press or other similar dewalering devices .................... 1 0 SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons ........... (b) Land Application (surface and suosurface) (see definition 22a) -where the facility holds the land app. permit . . . 1 0 -by contracting to a land application operator who holds the land application perrnil ......... .. .. . O -land application of Mudge by a contractor who does not ho!d the permit for the waslewater Ireatrnenl facility «•here the sludge is generaled .. . . . . . 1 0 (c) Landfilled (burial) _ ... ... ........ ... :+ 11SIfJFLC (ION (a) Chlorination .... .... .. O (h) Oechlorinalion .... .... ... ... (c.) Ozone .. ... .. ., (d) I i:ld,at,on . a` Cl Q-t. (:AI- M :DI I ION $Y i T f:M (:. (::r;r• 1,r,,:,or, (not appl,ca 1)le to ch.!rnical .....,.;,c, r. •. r„L cl a'. ar:r, (3) (I). (5) (a) (xi). (6) (a)- (9) (a). (9) (b). or (9) (c) `i points each Lisl- --- - — ----- --- 5 ---- 5 5 (1 1) MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials 'including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater .......... 4 (b) Effluent Flow Equalization (not applicable to storage basins which are inherent in land application systems). 2 (c) Stage Discharge (not applicable to storage basins (d) inherent in land application systems ....................................... Pumps..--'......................................................................................._..... (e) Stand -By Power Supply ................................ .............................. 3 (1) Thermal Pollution Control Device'.._ ...- .. ... - ........................ 3 CLASSIFICATION ClassI................................ Class II ............................... Class III .......................... C ass IV.. TOTAL POINTS 59 .................. 5 - 25 Points ................. 26- 50 Points ................. 51- 65 Points .................. 66- Up Points Facilities having a rating of one through four points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible charge. Facilities having an activated sludge process will be assigned a minimum classification of Class 11. Facilities having treatment processes for the removal of metal or cyanide will be assigned a minimum classification of Class If. Facilities having treatment processes for the biological removal of phosphorus will be assigned a minimum classification of Class III. In -plant processes and related control equipment which are an integral part of industrial production shall not be considered waste treatment. Likewise, discharges of wastewater from residences having a design flow of 1,000 gpd or less, shall not be subject to rating. ADDITIONAL COMMENTS: State of North Carolina Department of Environment,! J Health and Natural Resources Division of Environmental. Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director AT4 �EHNR October 1, 1993 Mr. WILLIAM T. MORRIS MUD CREEK SOUTH W WTP 100 NORTH KING STREET HENDERSONVILLE, NC 28792 Subject: Application No. NCO075311 WWTP Henderson County Dear Mr. MORRIS: The Division's Permits and Engineering Unit acknowledges receipt of your permit. application and supporting materials received on September 27, 1993. This application has been assigned the number shown above. Please refer) to this number when making inquiries on this project. ° Your project has been assigned to Jay Lucas for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division'is regional office, copied below, must provide recommendations from the Regional Supervisor for this ,project prior to final action by the Division. I I am, by copy of this letter,�requesting that our Regional Office Supervisor prepare a staff report and recommentations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. Sincerely, Coleen H. Sullins; P.E. Supervisor, Permits and Engineering Unit i cc: ell g 3c Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affi mative.Action Employer a i Hendon Engineering Associates I NCO R P O R ATE D TELEPHONE (704) 258-2123 ADDRESS REPLY TO P. O. BOX 7623 306 WEST HAYWOOD STREET • ASHEVILLE, NORTH CAROLINA 28802 HARRY H. HENDON H. E. BYAS, JR. (1904-1973) S. S. KANE H. D. HUBER September 24, 1993 W P• CONNER M. G..BUCKLEY, JR. R. F. HOLBROOK J. O. BREWER W. H. DUKE W. L. MORRIS, JR. Permits and Engineering Unit Division of Environmental Management Post Office Box 29535 t Raleigh, NC 27626-0535 Reference: NPDES Permit No. NC 0075311' Mud Creek South Wastewater Treatment Plant Henderson County, Renewal Application Attention: Ms. Colleen Sullins, P.E., Supervisor, NPDES Permits Group �d Dear Ms. Sullins: On behalf of the applicant, Henderson County Board of Commissioners, we are hereby requesting that the above stream discharge permit originally issued on August 11, 1989 be renewed for the proposed 300,000 gpd Mud Creek South Waste -water Treatment Plant. Along with this letter of request is enclosed the Short Form A, Application For Permit to Discharge, a check .for $250.00 permit renewal fee, the engineering report for the alternatives analysis, a location map for the proposed facilities, and a copy of the current permit. The above documents are submitted in triplicate. A fourth copy has been submitted directly to Mr. Paul White in the Regional DEM Office in Asheville to facilitate the review process. application. Please notify me immediately if there is any additional data you need to review the Thank you very much for your assistance in permitting this project. WLM:d Enclosures W968-Sep.24D cc: Mr. David Thompson, w/enc. Mr. Jim Erwin, w/enc. Mr. Dean Huber, w/enc. Very truly yours, HENDON ENGINEERING ASSOCIATES, INC. ByZ�le� William L. Morris, Jr., P.E. Branch Manager C. DEPART0T OF NATURAL RESOURCES & COMMUNITY DEVEL0 NT ENVIRONWAL MA(METENT COM"ISSION , NATIONAL. POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM A To be filed only by municipal wastewater dischargers FOR AGENCY USE APPLICATION NUMBER a a 1311 O YEAR e l D j I Do not attempt to complete this form before reading the accomparrying instructions K, Please print or type 1. Name of organization responsible for facility HENDERSON COUNTY BOARD OF COMMISSIONERS 2. Address, location, and telephone number of facility producing discharge: A. Name MUD CREEK SOUTH WASTEWATER TREATMENT PLANT C/O HENDERSON COUNTY BOARD'OF COMMISSIONERS B. Mailing address: 100 NORTH KING STREET 1. Street address I ' 2. City HENDERSONVILLE 3. County HENDERSON 4. State NORTH CAROLINA I 5. ZIP 28792 C. Location: 1. Street JACKSON PAR 2. City 4. State NORTH CAROLINA D. Telephone No. 704 697-4808 Area Code If all your waste is discharged into a publicly to the best of your knowledge you are not requi proceed to item 3. Otherwise proceed directly 3. If you meet the condition stated above, the asked for below. After completing these it, signature blocks below and return this form completing the remainder of the form. A. Name of organization responsible fi B. Facility receiving waste: 1. Name 2. Street address 3. City 5. State 4. Type of treatment: A. / /None B. /:/-primary C. / /In 5. Design flow (average daily) of facility 0.. 6. Percent BOD removal (actual): A. / /0-29.9 B. / /30-64.9 C. / /65-8 7. Population served: t ROAD AT GLOVER STREET 3. County HENDERSON U 'o [ ; caned waste treatment facility and ed to obtain a discharge permit, o item 4. 7 k here / / and supply the information ms, please complete the date, title, and to the proper reviewing office without _ r receiving waste 4. County . 6. ZIP D. f-/-gSecon'da_ry. ,,_. `;,E: `/ /Advanced .9 D. / /85-94.9 E. /X/95 or more A. / /1-199 B. /-/200-499 C. / /500-999 D. /71,000-4,999 E. / /5,000-9,999 F. / /10,000 or more 8. Number of separate discharge points: A. ,X /1 B. / /2 C. / /3 D. / /4 E. / /5 F. / /6 or more 9. -Description of waste water discharged to surface waters only (check as applicable). Flow, MGD (million gallons per operating day) Volume treated before Discharge per discharging (percent) operating day 0- 0.01- 0.05- 0.1- 0.5- 1.0- 5 or NoT-O.1- 35- 65- 95- 0.0990049 0.099 0.49 0.99 4.9 more 64.9 94.9 100 ((2(3) (4) (5) (6) (7) (8(10) (11) (12) A. Average X X' B. Maximum 10 1, `.,If az)y waste water, treated or untreated, is discharged to places other than :•:surface waters, check, below as applicable. 'Waste water is- discharged to Flow MGD (million gallons per op eratin day) 0-0.0099 (1) 0.01-0.049 (2) 0.05-0.099 (3) 0.1-0.49 (4) 0.5-0.99 (5) 1.0-4.9 (6) 5 or moz (7) A. Deep well B. Evaporation lagoon C. Subsurface percolation. system D. Other, specify: 11. Is' any, sludge ultimately returned to a waterway? A.' / /Yes B. /No 12. a. Do you receive industrial waste? /Yes 2. LyNo . b. If yes, enter approximate number of industrial dischargers into system - 0- 13. Type of collection sewer system: A. / JVSeparate sanitary B. / /Combined sanitary and storm C. / /Both separate and combined sewer systems 14. Name of receiving water or waters MUD CREEK 15. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols. /Yee B. /7110 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. DAVID THOMPSON Printed Nams of Person Signing COUNTY MANAGER Title SEPTEMBER 24, 1993 Date Application Signe Signature of Ap icant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or -regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or 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 $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Sludge disposal components will Anaerobic Digester, (3) Belt Filter land disposal on nearby farmlands or Henderson County Landfill. PERMIT RENEWAL APPLICATION MUD CREEK SOUTH WWTP, HENDERSON COUNTY NPDES PERMIT N0. NC 0075311 EVALUATION OF WASTEWATER DISPOSAL ALTERNATIVES I. GENERAL.INFORMATION A. Facility: Mud Creek South Wastewater Treatment Plant County Henderson Facility Address Jackson Park Road- at Intersection with Glover Street . Report Preparer William L. Morris, Jr- P.E. No. 5843 P.O. Box 7623 Asheville, NC 28802 704/258-2123 B. PROPOSED DISCHARGE FACILITY DESCRIPTION The proposed discharge facility will be a 300,000 gpd average flow conventional extended aeration wastewater treatment facility. The treatment components will be (1) Existing Influent Lift Station, (2) Bar Screen, (3) Grit and Grease Removal Basin, (4) Primary Clarification and Flow Equaliza-' tion Basin, (5) Aeration Basin, (6) Final Clarifier, (7) Chlorine Contact and Flow Metering Chamber, (8) Effluent Lift Station and Force Main to Mud Creek. Thickener Tank, (2) (4) Agronomic -Rate cover on the nearby i be (1) Sludge Press Dewatering used for final The location of the proposed WWTP has already been purchased by Henderson County. The 7.5 acre site is situated along the existing 8" diam' eter force main at approximately the mid -point between the existing Lift Station and the proposed discharge point in Mud Creek. C. PROJECT SERVICE AREA The project service area is a 9,000 acre unincorporated area of medium density residential development lying along US Highway 25 and US Highway 176 on the southeast boundary of Hendersonville: Bat Fork Creek provides drain- age for the area. Interpolation of the 1990 census tract data indicates approximately 5,420 people in 2,394 houses. lives in' the Bat Fork Service Area., The East Henderson High School, Blue -Ridge Community College and the East Flat Rock Community Development have already eliminated their package plants and are. now discharging 40,400 gpd to the collector system. Six private businesses have small package wastewater treatment plants ranging in -1- size from 10,000 to 25,000 gpd amounting to 146,200 gpd that will eventually discharge to this treatment plant when additional interceptors are extended.; I Using 250 gpd per existing household, the average daily wastewater flows if all the existing residences and existing private dischargers were connected to a gravity collection system discharging to the proposed WWTP,' would be 785,100 gpd. However, it seems unlikely that full utilization would occur in less than a.ten year period. It is also expected that actual water usage rates will fall in the 150 gpd per household range that has been experienced in other areas of similar development in the County. Therefore, the initial 300,000 gpd should serve the immediate needs of the service area for a time period sufficient for Henderson County to solidify its County -wide Wastewater Management Plan; Preliminary indications are that a regional WWTP located downstream on the French Broad River near the confluence with Mud Creek will be needed in the near future. When this becomes a reality, this 300,000 gpd treatment plant will be abandoned. II. EVALUATION OF ENVIRONMENTAL FEASIBILITY OF NON -DISCHARGE ALTERNATIVES A. CONNECTION TO CITY OF HENDERSONVILLE SEWERAGE SYSTEM When this treatment plant was originally permitted, Henderson County was negotiating with the City of Hendersonville to accept the wastewater flows to be generated in the Bat Fork Creek Service Area as well as other areas. The City agreed to accept up to 500,000 gpd in an agreement dated .1986. However, after Henderson County built the Bat Fork Creek interceptors and collector lines and the sewer lift station to pump to Hendersonville's 24" interceptor, the City refused to accept more than 150,000 gpd. The City has given the County notice that their WWTP on Mud Creek is running at more than 90% of its capacity and no more flows can be accepted until they build a new 6.0 mgd plant on the French Broad River. Henderson County feels that it cannot depend on Hendersonville to pro- vide sufficient capacity for future County service area needs. Therefore the construction of this proposed 300,000 gpd treatment plant is necessary to provide for continued growth in this service area. B. CONNECTION TO THE FUTURE HENDERSON COUNTY WWTP As stated in the general information section, Henderson County is con- sidering performing a long-range wastewater masterplan that will evaluate the feasibility of a large WWTP to be located on the French Broad River below the Mud Creek confluence. The development of this plan will require significant cooperative efforts between Henderson County and the City of Hendersonville so that all the wastewater service needs of both are taken into consideration. - 2 Approximately 48,500 feet of interceptor would be necessary to connect the proposed service area to the probable future plant site.- Therefore, it would seem very likely that this would be one of the last areas that the future WWTP would serve_ Also experience shows that planning, siteing, permitting, designing, and constructing such a facility and the necessary interceptors could take five to seven years. Therefore, this non -discharge alternative is not feasible for the more immediate needs of this service area. C. SUBSURFACE DISPOSAL SYSTEM It is not usually recommended to attempt subsurface disposal for flows this large. Septic tanks are already failing in this area due to ,poor draining soils and high water.table. Therefore, this non -discharge alternative 'is not feasible for this project. D_ SPRAY IRRIGATION SYSTEM Most of the available lands surrounding the proposed WWTP site are in or almost in the flood plain of Mud Creek. Therefore, there is not suffi- cient suitable acre available for spray irrigation of this size facility. Therefore, this non -discharge alternative is not feasible for this project. III. STREAM DISCHARGE ALTERNATIVE It is believed that the renewal of the stream -discharge permit is the only feasible alternative for wastewater treatment of this service area. Since this is the only feasible alternative, project cost comparisons are not an issue_ Therefore, no project costs are included in this evaluation. R968-Sep.24M - 3 - COUNTY BOARD OF COMMISSIONERS I SON COUNTY, NORTH CAROUNA )D CREEK .SOUTH ITER TREATMENT PLANT LOCATION ASAP ENGINEERING ASSOCIATES, INC. I BIRMINGHAM, ALABAMA iRTH OAROUNA NASHNLLE, TENNESSEE APIPROV0 1968-LL i939 State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor 1989 R. Paul Wilms William W. Cobey, Jr., Secretary April 17, Director Mr. William T. Drake Mud Creek Water and Sewer District 244 Second Avenue, East Hendersonville, NC 28739 Dear Mr. Drake: Subject: Permit No. NCO075311 Mud Creek Water & Sewer District Henderson County In accordance with your application for discharge permit received on September 15 1988, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, D.3. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. David B. Foster at telephone number 919/733-5083. Sincerely, W.a �im s cc: Mr. Jim Patrick, EPA Asheville Regional Office Pollution Prevention Pays p.Q Box 27687, Raleigh, North Carolina 27611-7697 Telephone 919-733-7015 RECEIVED SEP 14 1993 HENOON ENGINEERING ASs0C., INC. NC State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 R. Paul Wilms James G. Martin, Governor Director William W. Cobey, Jr., Secretary February 23, 1989 M E M o RAN D U M To: NPDES Permit Hold rs From: Steve Tedder Water Quality Section Chief SUBJECT: NPDES Effluent Limitations The Division of Environmental Management has recently received a number of questions about limitations in NPDES permits. Many permit holders do not understand how or. why their permit limitations can change. For your information, I have enclosed a brief explanation which should help explain some of the factors affecting permit limitations. Also included are some reasons why these limitations may change. If you have any questions on this rmatter, Trevorplease Clementsnot bf thehesitate Modelingcstafftair. Arthur Mouberry of the Permits staff or M 919/733-5063. P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 ___._ __.�«�.��_�,.,___�� �,� _._, _.—�.�,� ► _� •.���,� ,ate:qua.:,u[,u�r—=.:F'6��L:�:///1JJ.�.Jr ` Permit No. NC0075311 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Mud Creek Water and Sewer District is hereby authorized to discharge wastewater from a facility located at MUD Creek South Wastewater Treatment Plant Glover Street East of Hendersonville Henderson County to receiving waters designated as MUD Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective April 17, 1989. This permit and the authorization to discharge shall expire at midnight on March 31, 1994. Signed this day April 17, 1989. R. Paul Wilms, Director / Division of Environmental Management By Authority of the Environmental Management Commission , Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL -CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for. denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil .penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. '4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to; the following: a: Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; C. A change in'any condition that requires either a temporary or permanent reduction or elimination.of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application Part II . Page 2 of 14 may be required of the permittee. 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 noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic.effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established , under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey.any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. , Part II Page 3 of 14 9. Onshore of 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. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11. Duty to .Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able time, any_information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. SECTION B., OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the -terms and conditions of this permit. 2. 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. 3. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. 1. . 4 4. 5. N1 Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or 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 division from or bypass of facilities. Upsets "Upset" means an exceptional incident in which there is, unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond.the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities,. lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and'in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION-C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream,. body of water, or substance. Monitoring points shall not be changed without.notification to and the approval of the Permit Issuing Authority. Z Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report.(DMR) Form (DEM No. MR-1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, -North Carolina .27611 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the. Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders. inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,OOO per violation, or by imprisonment for not more than six months per violation, or by both. 4 Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes.. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or.activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of -the values is required in -the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Averaging of Measurements Calculations ,for limitations which require averaging of measurements shall.. utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. 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: . __4. Part II Page 8 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such.as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility;,or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that pollutant(s) 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 (listed at 40 CFR S 122, Appendix.D. Table Il and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": a4 Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Q) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (5) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or . -1 Part II Page 10 of 14 well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named -individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my'direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.' Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for'submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC '1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The -Clean Water Act provides -that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under -this permit, including monitoring ..reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per. violation,or by both. SECTION E. DEFINITION 1. Permit Issuing Authority. The Director of the Division of Environmental Management. 2. DEM or Division . Means the Division of Environmental Management, Department of Natural Resources and Community Development, Part II Page 11 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month:. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or, "Monthly Average" in Fart I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday-Saturday).on which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. C. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." Thi& limitation is identified as ".Daily Maximum," in Part I of the permit. d. The "average annual discharge is defined as the total mass of all daily -discharges sample and/or measured during the calendar year on which daily discharges are.sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. . a Part II Page 12 of 14 6. Concentration'Measurement a.. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, "divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of 'a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily Average" under,"Other Limits" in Part I of the permit. b: The "average weekly concentration, other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. C. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration, other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a'calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic -mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. Part II Page 13 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 8. Types of Samples a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If .a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample:' Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric.mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS' A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment fac.111ties or ndd.ifioris thereto shall be begun until Final Plans and Specifi.cati.cns have hen» submitted to the Division of Environmental Management and w.r.itten approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wnstkm ater treatment facilities. Such operator :rust hold a r_ertif.icAt.i.on of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may he required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations_keopener This permit shrill be modified or alternatively, -r�tvcked and reissued, to comply with ahy appl.i.cable.erfluent gui.deli.nP or watc�r cluality standard issued or approved tuuler Sections 302(b) (2) (c), and. (d), 304(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more. stringent than any effluent limitation in the permit; or . 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Part III Continued F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management A&4 James B. Hunt, Jr., Governor- 1�___ R-1 Jonathan B. Howes, Secretary ' ED E H N A. Preston Howard, Jr., P.E., Director January 3, 1995 David Thompson MUD CREEK WATER_ & SEW.DISTRICT 100 North King St. Hendersonville, North Carolina 28792 Subject: Renewal of NPDES Permit No:-NC0075311 Henderson County Dear Permittee: The subject permit expires on 950930. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of Environmental Management has not received an application for renewal. If continuation of the permit is desired, failure to request renewal at least 180 days prior to expiration will. result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If operation of a discharge or waste treatment facility is to occur -after the expiration date of the permit, or if continuation of the permit is desired, it must not be allowed to expire. Operation of the waste treatment works or continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. A renewal application shall consist of the following information: 1. A letter requesting the renewal. 2. The completed application form (copy attached), signed and submitted in triplicate: 3. A processing fee (see attached schedule) in accordance with 15A NCAC 2H .0105(b). The -application processing fee is based on the design or permitted flow, whichever is appropriate. 4. Primary industries listed in Appendix A of Title 40 of the Code of Federal`Regulations, Part 122 shall also submit a priority pollutant analysis in accordance with Part 122.21. 5. Facilities which have not been constructed within the last permit cycle and are therefore, considered "new" facilities, shall also submit an Engineering Alternatives Analysis, referenced in 15A NCAC Subchapter 2H .0103 and Subchapter 2B .0201(c). 6. If the facility covered by this permit contains some type of treatment works, a narrative description of the sludge management plan must be submitted with the application for renewal. In addition to penalities referenced above, a permit renewal request received after the expiration date will be considered as a new application and will require the higher application fee. 15A NCAC 2H .0105(b)(2) requires payment of an annual Administrative and Compliance Monitoring fee for most permitted facilities. You will be billed separately for that fee (if applicable), after your permit is approved. Page Two Letter to David Thompson January 3,1995 The letter requesting renewal, the completed permit application, and appropriate fee should be sent to: Mr. David A. Goodrich Permits and Engineering Unit Division of Environmental Management/WQ Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 The check should be made payable to the North Carolina Department of Environment, Health, and Natural Resources which may be abbreviated as NCDEHNR. If there are questions or a need for additional information regarding the permit renewal procedure, please contact the NPDES Group at telephone number (919)-733-5083. Respectfully, U David A. Goodrich, Supervisor NPDES Group cc: Central Files �Ashe Ilevi Regional=Office SOC PRIORITY PROJECT: No IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Jay Lucas DATE: April 3, 1995 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Henderson PERMIT NUMBER NC0075311 PART I - GENERAL INFORMATION 1. Facility and Address: Mud Creek South WWTP Mud Creek Water and Sewer District Henderson County Board of Commissioners 100 North King Street Hendersonville, N. C. 28792 2. Date of Investigation: March 21, 1995 3. Report Prepared By: Paul White 4. Contact person and Telephone Number: James S. Erwin, Jr. 704-697-4808 5. Directions to Site: The proposed discharge point is located beside Ball Field 8 in Jackson Park near the entrance off of East Fourth Avenue. From this entrance to Jackson Park, proceed across Mud Creek and turn right onto the drive to Ball Field 8. The discharge point is located at the bend in Mud Creek at the southwest corner of the ball field. The proposed wastewater treatment plant is to be located at the midpoint of the force main. Access is from Highway 176, Glover Street, and Aycock Avenue near the south entrance to Jackson Park. From Highway 176 turn on Glover Street and go 0.44 mile to Aycock Avenue and turn left. Entrance to WWTP site is 0.15 mile on the right. Proposed WWTP site is behind park offices. �,/ Page 1 6. Discharge Point(s), List for all discharge points: Latitude: 350 18' 54" Longitude: 820 27' 07" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. F9NW U.S.G.S. Quad Name Hendersonville. 7. Site size and expansion area consistent with application? yes Yes No If No, explain: 8. Topography (relationship to flood plain included): WWTP site is on a hill top adjacent to and 50 feet above the Mud Creek flood plain. 9. Location of nearest dwelling: >100 feet. 10. Receiving stream or affected surface waters: Mud Creek. a. Classification: C b. River Basin and Subbasin No.: French Broad 04-03-02. C. Describe receiving stream features and pertinent downstream uses: Receiving stream channel has been modified by removal of streambank vegetation and filling in the area of the discharge point. Mud Creek separates urban areas to the west from suburban areas to the east. The receiving stream drains adjacent commercial, residential, and industrial areas of Hendersonville for several miles along this section of its length. Its assimilative capacity has been over -allocated, resulting in a study recommending 10/2 limits for BOD and ammonia. See "A Water Quality Analysis of the Proposed and Existing Discharges to Mud and Clear Creeks in Hendersonville, NC". PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted .300 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? Not constructed. C. Actual treatment capacity of the current facility (current design capacity Not constructed. Page 2 2. 3. 4. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: none. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Not constructed. f. Please provide a description of proposed wastewater treatment facilities: 300,000 gpd extended aeration wastewater treatment facility with bar screen, grit and grease removal basin, primary clarification, influent flow equalization, aeration basin, final clarifier, chlorine contact, flow measurement, effluent lift station, force main to Mud Creek, sludge thickener, anaerobic digester, belt filter press, and land application of sludge. (Tertiary treatment will be required to meet existing effluent limitations. In addition, regional office recommends aerobic digestion in lieu of anaerobic digestion.) g. Possible toxic impacts to surface waters: Ammonia, chlorine, household cleaning compounds. h. Pretreatment Program (POTWs only): n/a in development approved should be required not needed Residuals handling and utilization/disposal scheme: not specified. a. If residuals are being land applied, please specify DEM Permit Number n/a Residuals Contractor n/a Telephone Number n/a b. Residuals stabilization: PSRP X PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): Treatment plant classification (attach rating sheet): III 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 03 Main Treatment Unit Code: 0513 Page 3 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 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: Not feasible. Connection to Regional Sewer System: The service area for this proposed facility is currently partially sewered. The intercepter is connected to the City of Hendersonville with a 1.0 mgd lift station. Subsurface: Not feasible. Other disposal options: S. Other Special Items: PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be renewed as requested. The need to maintain this discharge permit is for the following reasons: - The City of Hendersonville's flow is approaching its capacity. - The county's flow is approaching its allocation from the city. The City and County each plan to locate a regional wastewater treatment plant near the mouth of Mud Creek, however, they are not yet in agreement on a cooperative effort in relation to sharing the cost of the plant and interceptor lines. Page 4 - Even if the location of a regional plant proceeds smoothly, the remaining capacity of the Hendersonville plant and/or the flow allocation from the City of Hendersonville to the county may be utilized prior to the availability of the additional capacity, resulting in a moratorium on sower connections for the City of Hendersonville and/or Henderson County. - The availability of this NPDES Permit, which is regional in nature, may be needed to allow the option of connection of numerous package plants to a common collection and treatment system. The proposed treatment facility is an extended aeration secondary treatment facility. Existing limits could not be consistently met without tertiary treatment. Also Regional Office recommends aerobic sludge digestion in lieu of anaerobic due to odor concerns. VOC6V-t_ gV14A:t-A,. Signature of Report Preparer Water Quality Regional Supervisor 4- / 7 j Dat Page 5 RATING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS Name of Facility: &kp Ck' S(J 1,l TiE G'LLr/T/� Owner or Contact Person: ;` AjhC-5 5. Ct fZWI I . Tip' Mailing Address: to l E . !I LL_e-..v 28 7,qz- County: &&&&(� z5 Telephone: 704 - 6 Pil - 4/ 5/$ Present Classification: New Facility P ihWK-1 Existing Facility NPDES Per. No. NC00`7 S ' Nondisc. Per. No.WQ Health Dept.Per No. Rated by: RuL (& /'TE Telephone: Date:_ �L-3'-2'S Reviewed by: Health Dept. Telephone: Regional Office Telephone: 10el 75/-6&T —�— _ Central Office Telephone: ORC:_ Grade: Telephone: Check Classification(s): Subsurface Spray Irrigation Land Application Wastewater Classification: (Circle One) I If III IV Total Points: SUBSURFACE CLASSIFICATION (check all units that apply) 1. septic tanks 2. pump tanks 3. siphon or pump -dosing systems 4. sand filters 5. grease trapfinterceptor 6_ oil/water separators 7_ gravity subsurface treatment and disposal: 8. pressure subsurface treatment and disposal: SPRAY IRRIGATION CLASSIFICATION (check all units that apply) 1. preliminary treatment (definition no. 32 ) 2. lagoons 3. septic tanks 4. pump tanks 5. pumps 6_ sand filters 7_ grease trapfinterceptor 8. oiUwater separators 9. disinfection 10. chemical addition for nutrient/algae control 11. spray Irrigation of wastewater In addition to the -above classifications, pretreatment of wastewater In excess of these components shall be rated using the point rating system and will require an operator with. an appropriate dual certification. LAND APPLICATION/RESIDUALS CLASSIFICATION (Applies only to permit holder) 1. Land application of biosolids, residuals or contaminated soils on a designated site. WASTEWATER TREATMENT FACILITY CLASSIFICATION The following systems shall be assigned a Class 1 classification, unless the flow is of a significant quantity or the technology is unusually complex, to require consideration by the Commission on a case -by -case basis: (Check if Appropriate) 1. OiUwaler Separator Systems consisting only of physical separation, pumps and disposal; 2. Septic Tank/Sand Filter Systems consisting only of septic tanks, dosing apparatus, pumps,sand lifters, disinfection and direct discharge; 3. Lagoon Systems consisting only of preliminary treatment, lagoons, pumps, disinfection, necessary chemical treatment for algae or nutrient control, and direct discharge; 4. Closed -loop Recycle Systems; 5. Groundwater Remediation Systems consisting only of oiUwater separators, pumps, air -stripping, carbon adsorption, disinfection and disposal; 6. Aquaculture operations'with discharge to surface waters; 7. Water Plant sludge handling and back -wash water treatment; 8. Seafood processing consisting of screening and disposal. 9. Single-family discharging systems, with the exception of Aerobic Treatment Units, will be classified if permitted after July 1. 1993 or it upon inspection by the Division, it is found that the system is not being adequately operated or maintained. Such systems will be notified of the classification or reclassification by the Commission, in writing. 'rhe following scale is used for rating wastewater treatment facilities: (circle appropriate points) ITEM POINTS ( 1) Industrial Pretreatment Units or Industrial Pretreatment Program (see definition No. 33)...................................................4 (2) DESIGN FLOW OF PLANT IN gpd [not applicable to non -contaminated cooling watem, sludge handling facilities for water purification plants, totally closed cycle systems(see definition No. 11), and facilities consisting only of item (4)(d) or Items (4)(d) and (I1)(d)] 0 - 20,000................................................................................................................................................1 20,001 - 50.000......................................................................................................................................2 50,001 - 100.000......................................................................................................................................3 100.001 250.000................................................................................................................................... 250.001 - 500.000.................................................................................................................................5 500.001 i,000,000................................................................................................................................8 1.000,001 - 2,000.000...........................................................................................................................10 2.000.001 (and up) rate 1 point additional for each 200.000 gpd capacity up to a maximum of .................30 Design Flow (gpd) (3) PRELIMINARY UNITSWROCESSES (see defirAlon No.32) (a) Bar Screens...............................................................................................................................................1 or Mechanical Screens, Static Screens or Comminuting Devices (b) (c) ......................................................................... Grit Removal..............................................................................................................................................1 or Mechanical or Aerated Grit Removal (d) (0) ............................................................................................................2 Flow Measuring Device............................................_..................................................................................1 or Instrumented Flow Measurement...2• (1) (g) ........................................................................................................... Preaeratlon............................................................................................................................................... (h) Influent Flow Equalization....................................................................................................................... (1) Grease or Oil Separators - Gravity ............................ .... ................ .............................................................. .I Mechanical............................................................. _................................................................................. 3 DissolvedAir Flotation................................................................................................................................8 tl) Prechlorinatlon..........................................................................................................................................5 (4) PRIMARYTREATMENT U ITS(PRDCE,SSES (a) Septic Tank (see definition No. 43)............................................................................................................2 (b) Imhoff Tank..............................................................................................................................................5 (c) Primary Clartflers..........................................................................................................................................5 (d) Settling Ponds or Settling Tanks for Inorganic Non -toxic Materials (sludge handling facilities for water purification plants, sand, gravel, stone, and other milling operations except recreational activities such as gem orgold mining)........................................................................................................................................2 (5) SECONDARYTREATMENTU ITS!PROCESSES (a) Carbonaceous Stage (I) Aeration -High Purity Oxygen System............................................................................. DiffusedAir System......................................................................................................1 Mechanical Air System (fixed, floating or rotor)..................................................................8 SeparateSludge Reaerailon.............................................................................................3 (11) Triddhg Filter HighRate............................»....................................................................................7 StandardRate ......................... __........................................................... ........................ 5 ............................................... .... Packed Tower.. ............................................................5 (III) Blok>gical Aerated Filler or Aerated Biological Filter............................................................10 (Iv) Aerated Lagoons ......................... ................................................................................ 10 (v) Rotating Biological Contaclors......................................................................................10 (VI) Sand Fillers -Intermittent biological..................................................................................2 Recirculatingbiological.....................................................................................................3 (vll) Stabilization Lagoons................................................................................................... (vlll) Clarlier....................................................................................................................... .5 (ix) Single stage system for combined carbonaceous removal of BOD and nitrogenous removal nitrffication (see definition No. 12)(Poirts for this Rem have to be In addition to items (5)(a)(1) through (5)(a)(vlii), utilizing the extended aeration process (see definition No.3a)..........................................2 utilizing other than the extended aeration process ........................................................... a (x ) Nutrient additions to enhance BOD removal ......................................................................5 (xl) Biological Culture ('Super Bugs')addRbn........................................................................5 (b) Nitrogenous Stage (I) Aeration - High Purity Oxygen System ._.................... .................................................... 0 DiffusedAir System ..................... .»... ........................................................................... 10 Mechanical Air System (fixed, floating or rotor) .......... ...... I...............................................8 SeparateSludge Reaerallon.............................................................................................3 (II) Trickling Flier -High Rate...................................................................................................7 StandardRate...............................................................................................................5 PackedTower................................................................................................................5 (fill Biological Aerated Filter or Aerated Biological Filter .............................................................10 (Iv) Rotating Biological Contactors ......................................................................................10 (v) Sand Filter - Intermittent biological..................................................................................2 Recirculating biological.....................................................................................................3 (VI) Clarifier..........................................................................................................................5 (6) TERTIARY OR ADVANCED TREATMENTUNI[WROCESSES (a) Activated Carbon Beds - withoutcarbon regeneration...................................................................................................5 withcarbon regeneration ..................... ................................................................................. 1 5 (b) Powdered or Granular Activated Carbon Feed- ,Mthout carbon regeneration.................................................................................................5 withcarbon regeneration .....................................................................................................15 (c) Air stripping.............................................................................................................................................5 (d) Denitrfflcatlon Process..............................................................................................................................10 (e) Electrodialysis........................................................... .... _...........................................................................5 (1) Foam Separation ................................................... _.................................................................................. (g) Ian Exchange............................................................................................................................................. (h) Land Appllratbn of Treated Effluert (see definition No. 22b) (not applicable for sand, gravel, stone and other similar mining operations) by high rate Infiltration ........... _.............................................................4 (1) Micn ns....................................................................................................................................5 (1) P" is Removal by Biological Processes (See donnition No.:...................................................20 (k) Pollr Ponds - without aeration...................................................................................................2 withaeration.................................................................................................................5 (1) Post Aeration - cascade..............................................................................................................................0 diffusedor mechanical........................................................................................................2 (m) Reverse Osmosis.........................................................................................................................................5 (n) Sand or Mixod-Modia Fillers - low rate..........................................................................................................2 highrate......................................................................5 (o) Treatment processes for removal of metal or cyanide...................................................................................i 5 (p) treatment processes for removal of toxic materials other than metal or cyanide .............................................. I 5 (7) SLUDGETREATMENT (a) Sludge Digestion Tank - Heated (anaerobic)............:..................................................................................10 Aerobic.....................................................................................................................:...................... Unheated(anaerobic)............................................................................................................................ L.. (b) Sludge Stabilization (chemical or thermal)...................................................................................................5 c Sludge Drying Beds - Gravity .... VacuumAssisted.................................................................................................................................. (d) (e) Sludge Eluldation...................................................................................................................................... Sludge Conditioner (chemical or thermal)..................................................................................................� (f) Sludge Thickener (gravity)....................................................................................................................... (g) Dissolved Air Flotation Unit [not applicable to a unit rated as(3)(i)].............................................................8 (h) Sludge Gas Utilization (including gas storage).............................................................................................2 (I) Sludge Holding Tank - Aerated..................:................................................................................................ 2 2 ([) Non -aerated ............................................................................................................................................. Sludge Incinerator (not Including activated carbon regeneration)............................................................. devices (k) Vacuum Filter, Centrifuge, or Fitter Press or other similar dewatering ..................................................t (8) RESIDUALS UTILIZATIOWDISPOSAL (including incinerated ash) (a) (b) Lagoons..................................................................................................................................................2 Land Application (surface and subsurface) (see definition 22a) by contracting to a land application operator or landfill operator who holds the land application permit (c) orlandfill permit....................................................................................................................................� Dedicated Landflll(buriai) by the permittee of the wastewater treatment facility................................................5 (9) DtSf FECTICN (a) Chlorination............................................................................................................................................5 (b) Dechlorination...........................................................................................................................................5 (c) Ozone......................................................................................................................................................5 (10) (d) Radiation..................................................................................................................................................5 CHEMICAL ADDITION SYSTEM(S) ( see definition No. 9) [not applicable to chemical additions rated as hem (3)Q), (5)(a)(xl), (s)(a), (6)(b), (7)(b), (7)(e), (9a), (9)(b) or (9)(c) 5 points each: 5 List ........... .......................................................................................................................................5 ............................................. .....................5 ........................................................................................................... . (1 1) MISCELLANEOUS UNi1SIPROCESSES (a) Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials Including wastes from mining operations containing nitrogen or phosphorus compounds In amounts significantly greater than is common (b) fordomestic wastewater............................................................................................................................4 Effluent Flow Equalization (not applicable to storage basins which are inherent In land application systems).....2 (c) (d) Stage Discharge (not applicable to storage basins Inherent In land application systems) ............................ Pumps..................................................................................................................................................... (e) Stand -By Power Supply........................................................................................................................... (f) Thermal Pollution Control Device.................................................................................................................3 TOTALPOINTS.......................................................................... 0 CLASSIFICATION Gass1...................................................... ..................................................... 5-25 Points Class11.........................................................................................................26-50 Points classIII........................................................................................................51-65 Points ------------------------------------------------------- GassIV.......................................................................................................66-Up Points Facilities having a rating of one through four points. Inclusive, do not require a certified operator. Facilities having an activated sludge process wig be assigned a minimum classification of Class II. Facilities having treatment processes for the removal of metal or cyanide will be assigned a minimum classification of Class II. Facilities having treatment processes for the biological removal of phosphorus will be assigned a minimum classification of Class III. .00D4 DEFINITIONS The following definitions shall apply throughout this Subchapter. (1) Activated Carbon Beds. A pflyslcal/chemical method for reducing soluble organic material from wastewater effluent; The column -type beds used In this method will have a flow rate varying from two to eight gallons per minute per square foot and may be either upflow or downflow carbon beds. Carbon may or may not be regenerated on the wastewater treatment plant she; (2) Aerated Lagoons. A basin in which all solids are maintained In suspension,and by which biological oxidation or organic matter is reduced through artificially accelerated transfer of oxygen on a flow -through basis; (3) Aeration. A process of bringing about Intimate contact between air or high purity oxygen In a liquid by spraying, agitation or dlffusion;(3a) Extended Aeration. An activated sludge process utilizing a minimum hydraulic detention time of 18 hours. (4) Agriculturally managed she. Any she on which a crop Is produced, managed, and harvested (Crop Includes grasses, grains, trees, etc.); (5) Air Stripping. A process by which the ammonium ion Is first converted to dissolved ammonia (pH adjustment) with the anmonla then released to the atmosphere by physical means; or other similar processes which remove petroleum products such as benzene, toluene, and xylene• (6) Carbon RegeneraWn. The regeneration of exhausted carbon by the use of a furnace to provide extremely high temperatures which volatilize and oxidize the absorbed Impurities; (7) Carbonaceous Stage. A stage of wastewater treatment designed to achieve 'secondary effluent limits; (8) Centrifuge. A mechanical device In which centrifugal force Is used to, separate solids from liquids or to separate liquids of different densi:las; (9) Chemical Addition Systems- The addition of chemIcal(s) to wastewater ad an application punt for purposes of Improving solids removal, pH adjustment, alkalinity control, etc.; the capability to experiment with different chemicals and different application points to achieve a specl8c result will be considered one system; the capability to add chemicals) to dual units will be rated as one system; capability to add a chemical at a different application points for different purposes will result In the systems being rated as separate systems; (10) Chemical Sludge Conditioning. The addition of a chemical compound such as lime. ferric chloride, or a polymer to wet sludge to coalesce the mass prior to its application to a dewatering device; (11) Closed Cycle Systems. Use of holding ponds or holding tanks for containment of wastewater containing Inorganic, non -toxic materials from sand, gravel, crushed stone or otter similar oporatlons. Such sysloms shall carry a maximum of two points rr,pardless of pumping facilities or any other appurtenances; (121 Combined Removal of Carbonacoous BOD and Nitrogenous Removal by Nilrilication- A cirple stage system required to achieve permit effluent limits on 13O0 (15) Electrodialysls. Process for removing Ionized salts from water through the use of Ion -selective Ion -exchange membranes; (16) Filter Press. A process operated mechanically for partially dewatering sludge; (17) Foam Separation. The planned frothing of wastewater or wastewater ellluent as a means of removing excessive amounts of detergent materials through the introduction of air In the form of line bubbles; also called loam fractionation: (18) Grit Removal. The process of removing grk and other heavy mineral matter from wastewater; (19) Imhoff Tank. A deep two story wastewater tank consisting of an upper sedimentation chamber and a lower sludge digestion chamber. (20) Instrumented Flow Measurement. A device which Indicates and records rate of flow; (21) Ion Exchange. A chemical process in which tons from two different molecules are exchanged; (22) Land application: (a) Sludge Disposal. A final sludge disposal method by which wet sludge may be applied to land either by spraying on the surface or by subsurface injection (i.e.. chisel plow); [not applicable for types of sludge described In (11) of this Rule]: (b) Treated Effluent. The process of spraying treated wastewater onto a land area or other methods of application of wastewater onto a land area as a means of final disposal or treatment; (23) Microscreen. A tow speed• continuously back -washed, rotating drum filter operating under gravity conditions as a polishing method for removing suspended solids from effluent; (24) Nitrification Process. The biochemical conversion of unoxidized nitrogen (ammonla and organic nitrogen) to oxidized nitrogen (usually nitrate); (26) Nitrogenous Stage. A separate stage of wastewater treatment designed for the specific purpose of converting ammonia nitrogen to nitrate nitrogen: (26) Phosphate Removal, Biological. The removal of phosphorus from wastewater by an oxWanoxic process designed to enhance luxury uptake of phosphorus by the microorganisms; (27) Polishing Pond. A holding pond following secondary treatment with sufficient detention time to allow settling of finely suspended solids; (28) Post Aeration. Aeration following conventional secondary treatment units to Increase effluent D.O. or for any other purpose; (29) Post Aeration. (Cascade) A polishing method by which dissolved oxygen is added to the'elfluerd by a nonmechanical, gravity means of flowing down a series of steps or weirs; The flow occurring across the steps or weirs moves In a fairly thin layer and the operation of the cascade requires no operator adjustment; thus, zero points are assigned even though this Is an essential step to meeting the limits of the discharge permit; (30) Powdered to Granular Activated Carbon Feed. A biophysical carbon process that utilizes biological activity and organic absorption by using powdered or granular activated carbon; Virgin or regenerated carbon Is feed controlled Into the system; (31) Preaeration A tank constructed to provide aeration prior to primary treatment; (32) Preliminary Units. Unit operations in the treatment process, such as screening and comminution• that prepare the liquor for subsequent major operations; (33) Industrial Pretreatment. (a) Pre-treatment Unit, industrial. The conditioning of a waste at its source before discharge, to remove or to neutralize substances Injurious to sewers and treatment processes or to effect a partial reduction In bad on the treatment process which is operated by the same governing body as the wastewater treatment plant being rated; b) Pre-treatment Program, Industrial - must be a State or EPA required program to receive points on the rating sheet; (34) Primary Clarifiers. The first settling tanks through which wastewater Is passed In a treatment works for the purpose of removing settleable and suspended solids and BOD which Is associated with the solids; (35) Pumps. AN Influent, effluent and in -plant pumps; (36) Radiation. Disinfection or sterilization process utilizing devices emitting ultraviolet or gamma rays-, (37) Reverse Osmosis. A treatment process In which a heavy contaminated liquid Is pressurized through a membrane forming nearly pure liquid free from suspended solids; (38) Rotating Biological Contractors. A fixed biological growth process In which wastewater flows through tanks In which a series of partially submerged circular surfaces are rotated; (39) Sand Filters: (a) Intermittent Biological. Filtration of effluent following septic tanks, lagoons, or some other treatment process in which further biodecomposklon is expected to produce desired effluents; Hydraulic loading false on these filters are computed In gpd/ac and have a resulting tow gpmtsf (less than one); b) Recirculating biological - the saaw type of sand filter as defined In Subparagraph (39) (a) of this Rule with the added capability to racycle effluent back through the sand filter, (40) Sand or Mixed -Media Filters. A polishing process by which effluent limits are achieved through a further reduction of suspended solids; (a) tow rate — gravity, hydraulically loaded filter with loading rates In the one to three gprNsf range; (b) high rate — a pressure, hydraulically loaded litter with loading rates in the live gprVsf range; At arty rate, the boding rate will exceed three gprdsf; (41) Secondary Clarillers. A tank which follows the biological unit of treatment plant and which has the purpose of removing sludges associated with the biological treatment units; (47) Separate Sludge Reaersllon. A part of the contact stabilization process where the activated sludge Is transferred to a tank and aerated before returning it to the contact basin; (43) Septic Tank A single -story settling tank In which settled sludge Is In contact with the wastewater flowing through the tank; shall not be applicable for septic tank systems serving single family residences having capacity of 2.000 gallons or less which discharge to a nitrification field; (44) Sludge Digestion The process by which organic or volatile matter and sludge is gasified, liquefied, mineralized or converted Into more stable organic matter through the activity of living organisms, which Includes aerated holding tanks; (45) Sludge Drying Beds. An area comprising natural or artificial layers of porous materials upon which digested sewage sludge Is dried by drainage and evaporation; (46) Sludge �Elutriation. A process of sludge conditioning In which certain constituents are removed by successive washings with fresh water or plant effluent; (47) Sludge Gas utilization. The process of using sewage gas for the purpose of heating bul(dings, driving engines, err:.; (48) Sludge Holding Tank (Aerated and Nonaerated). A tank utilized for small wastewater treatment plants not containing a digester In which sludge may be kept fresh, and supematart withdrawn prior to a drying method (i.e. sludge drying beds); This may be done by adding a small amount of air simply to keep the sludge fresh, but not necessarily an amount that would be required to achieve stabilization of organic matter. A nonaerated lank would simply be used to decant sludge prior to dewatering and would not allow long periods (several days of detention) without resulting odor problems; (49) Sludge Incinerators.- A furnace designed to bum'siudge and to remove atl moisture and combustible materials and reduce the sludge to a stedle ash; (50) Sludge Stabilization (Chemical or Thermal). A process to make treated sludge less odorous and putrescible, and to reduce the pathogenic organism content; This may be done by pH adjustment, chlorine dosing, or by heat treatment; (51) Sludge Thickener. A type of sedimentation tank In which the sludge Is permitted to settle and thicken through agitation and gravity (52) Stabilization Lagoon. A type of oxidation lagoon In which biological oxidation of organic matter Is effected by natural transfer of oxygen to the water from air (not a polishing pond); (53) Stand -By Power Supply. On site or portable electrical generating equipment; (54) Static Screens. A stationary screen designed to remove solids, including ran-blodegradable particulate (Iloalable solids, suspended solids and BOD reduction) from municipal and industrial wastewater treatment systems; (55) Tertiary Treatment. A stage of treatment following secondary which is primarily for the purpose of effluent polishing; A settling lagoon or sand or coal filter might be employed for this purpose; (56) Thermal Pollution Control Device. A device providing for the transfer of heat from a fluid flowing In tubes to another fluid outside the tubes, or vice versa; or other means of regulating liquid temperatures; (57) Thermal Sludge Conditioner. A conditioning process by which heat Is added for a protracted period of time to Improve the dewaterablllty of sludge by the solubilizi g and hydraullzing of the smaller and more highly hydrated sludge particles; (58) Toxic Materials. Those wastes or combinations of wastes. Including disease -causing agents which after discharge and upon exposure, Ingestion. Inhalation or assimilation Into any, organism• either directly from the environment or Indirectly by Ingestion through food chains. will cause death• disease, behavioral abnormalities, cancer, genetic mutations• physiological malfunctions (Including malfunctions In reproduction) or physical deformations, in such organisms or their offspring; Toxic materials Include, by way of Illustration and not limitation: lead, cadmium, chromium• mercury, vanadium, arsenic, zinc, ortho-nhro-cNorobenzens (ONCB), polychlorinated blphenyls (PCBs) and dichlorodiph onyl tdchhloroethhane (DDT); and any other materials that have or may hereafter be determined to have toxic properties; ' (59) Trickling Filler. A biological treatment unit consisting of a material such as broken stone or rock over which wastewater Is distributed- A high rate trickling filter Is one which operated at between 10 and 30 mgd per acre. A low rate trickling filter Is one which is designed to operate at one to four mgd per acre; . (60) Trickling Filler (Packed Tower). A plug lbw type of operation In which wastewater lbws down through successive layers of media or filtrate material; Organic material Is removed continually by the active biological flied growth In each successive layer. This method may produce "secondary* quality effluent• or may be -dapted to produce a Ntrflled effluent; Vacuum FIR". Centrifuges, or Filler Pre Devices which are designed to remove excess water In her digested or undigested sludge prior to disposal treatment. June 21, 1993 WILLIAM T. DRAKE MUD CREEK WATER & SEW.DISTRIC 244 SECOND AVE. EAST HENDERSONVILLE, NC 28739 Subject: NPDES PERMIT NO. NC0075311 HENDERSON COUNTY Dear Permittee: The subject permit issued on 8/11/89 expires on 3/31/94. North Carolina General Statute,(NCGS) 143-215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. As of the date of this letter, the Division of Environmental Management had not received an application for renewal. If operation of a discharge or waste treatment facility is to occur after the permit's expiration date, or if continuation of the permit is desired, it must not be allowed to expire. A renewal request must be submitted no later than 180 days prior to the permit's expiration date. Operation of the waste treatment works or continuation of a discharge after the expiration date would constitute a violation of NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If continuation of the permit is desired, failure to request renewal at least 180 days prior to expiration will result in a civil assessment of at least $250.00; larger penalties may be assessed depending upon the delinquency of'the request. A renewal application shall consist of the following information: 1. A letter requesting the renewal. 2. The completed application form (copy attached), signed and submitted in triplicate, referenced in Title 15 of North Carolina Administrative Code (15A NCAC) Subchapter 2H .0105(a). 3. A processing fee (see attached schedule) in accordance with 15A NCAC 2H .0105(b). The application processing fee is based on the design or permitted flow, whichever is appropriate, listed in the first categories of facilities. 4. Primary industries listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122 shall also submit a priority pollutant -analysis in accordance with Part 122.21. 5. Facilities which have not been constructed within the last permit cycle and are therefore, considered "new" facilities, shall also submit an Engineering Alternatives Analysis, referenced in 15A NCAC Subchapter 2H .0103 and Subchapter 2B .0201(c). 6. If the facility covered by this permit contains some type of treatment works, a narrative description of the sludge management plan must be submitted with the application for the renewal. In addition to penalities referenced above, a permit renewal request received after the expiration date will be considered as a new application and will require the higher application fee. 15A NCAC 2H .0105(b)(2) requires payment of an annual Administrative and Compliance Monitoring fee for most permitted facilities. You will be billed separately for that fee (if applicable), after your permit is approved. The letter requesting renewal, the completed Permit application, and appropriate fee should be sent to: Permits and Engineering Unit Division of Environmental Management Post Office Box 29535 Raleigh, North Carolina 27626-0535 The check should be made payable to the North Carolina Department of Environment, Health, and Natural Resources which may be abbreviated as DEHNR. If there are questions or a need for additional information regarding the permit renewal procedure, please contact me or any individual in the NPDES Group at telephone number (919) 733-5083. Sincerely, 0,02inal Signed By CQleen H. Sullins° Coleen Sullins, P.E. Supervisor, NPDES Permits Group cc: Asb-eiville Regional Off-ic Permits and Engineering Unit Central Files RECEIVED Water Quality Sectictl jeel AUG 1 8 1989 Asheville Redo?: ! Office State of North Carolina Asheville, North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms William W. Cobey, Jr., Secretary Director August 11, 1989 Mr. William T. Drake Mud Creek Water and Sewer District 244 Second Avenue, East Hendersonville, N. C. 28739 Subject: NPDES Permit Modification Permit No. NCO075311 Mud Creek Water & Sewer District Henderson County Dear Mr. Drake: On April 17, 1989, the Division of Environmental Management issued NPDES Permit No. NCO075311 to Mud Creek Water and Sewer District. A review of the permit file has indicated that an error was inadvertently made in the permit. Accordingly, we are forwarding herewith modifications to the subject permit to correct the error. These permit modifications are issued to insert the correct Summer & Winter weekly average effluent limitation of 45.0 mg/I for Total Suspended Residue. Please find enclosed an amended Winter & Summer effluent limitations page which should be inserted into your permit. The old Summer & Winter effluent pages should be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. These permit modifications are issued pursuant to the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 213.0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If you have any questions concerning these permit modifications, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Sincerely yours, R. Paul Wilms cc. Mr. Jim Patrick, EPA 11A Neville -Regional -office Central Files A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Winter Limits (November 1 - March 31) NPDES No. NCO075311 During the period beginning on the effective date of the Permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs da Other Units (Specify) Measurement Sample ^Sample Monthly Avg. Weekly Avg_ Monthly Avg. Weekly Avg. Frequency Type Location Flow BOD, 5Dav, 20 Degrees C-'* 0.300 MGD Continuous Recording I or E Total Suspended Residue** 10.0 mg/l 30.0 mg/l 15.0 mg/1 45.0 mg/] 2/month 2/montl-i Composite E, I NI1� as N 4.0 mg/1 6.0 mg/1 2/month Composite. Composite E, E I Dissolved Oxygen. (minimum) 5.0 mg/1 5.0 mg/1 weekly Grab E, U, D Fecal Coliform (geometric mean) 1000.0/100ml 2000.0/100ml 2/month Grab E, U, D Total Residual Chlorine Daily Grab E Temperature Total Nitrogen (NO2 + NO3 + TKN)- Weekly Grab E U D Total Phosphorus Semi -Annually Composite E� Conductivity Semi -Annually Composite E Weekly Grab U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 50 ft. from the point of discharge D - Downstream at Clear Creek Road Upstream and Downstream samples shall be grab samples. *`The monthly average effluent BOD5 and Total Suspended Residue concentration shall not exceed 15% of their respective influent values (85% removal). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (1). ETTLUENT LTMTTATIONS AND MONITORTNG REQUTREMENTS Summer Limits (April 1 - October 31) NPDES No. NCO075311 During the period beginning on the effective date of the Permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs da Other Units (Specify) Measurement Sample Sample Monthly Avg. Weekly Avg. Monthly Avg. Weekly Avg. Frequency Type Location Flow, 0.300 MGD Continuous Recording I or E BOD, SDay, 20 Degrees C* 5.0 mg/1 7.5 mg/1 2/month Composite E, I Total Suspended Residue*'; 30.0 mg/1 45.0 mg/1 2/month Composite E, I NH3 as N. 2.0 mC11c, l 3.0 mg/1 2/month Composite E Dissolved Oxygen (minimum) 5.0 mg/1 5.0 mg/1 weekly Grab E, U, D Fecal Coliform (geometric mean) 1000.0/100ml 2000.0/100ml 2/month Grab E, U, D Total Residual Chlorine Daily Grab E Temperature We'ekly Grab E, U, D Total Nitrogen (NO2 + NO3 + TKN) Semi -Annually Composite E Total Phosphorus Semi -Annually Composite E Conductivity Weekly Grab U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 50 ft. from the point of discharge D - Downstream at Clear Creek Road Upstream and Downstream samples shall be grab samples. **The monthly average effluent BODS and Total Suspended Residue concentration shall not exceed 15% of their respective influent values (85% removal). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. 11 h�� die STATF 4 r v � O State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street 0 Raleigh, -North Carolina 27611 James G. Martin, Governor R z .� 'm I V E ® R. Paul Wilms William W. Cobey, Jr., Secretary April 17, 1989 Water Quality Section Director Mr. William T. Drake Mud Creek Water and Sewer District 244 Second Avenue, East Hendersonville, NC 28739 Dear Mr. Drake: APR 1 9 1989 ,Asheville Regional Office Subject: Permit No'!ftd,601L 8t�lCarolina Mud Creek Water & Sewer District Henderson County In accordance with your application for discharge permit received on September 15 1988, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of -North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, D.3. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any'other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. David B. Foster at telephone number 919/733-5083. cc: Mr. Jim Patrick, ., A :CC 1 s��? ira 1a1 0 i1 G OrigtW g 8a By ARTHUR MOUBERRY for. Paul Wilms Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. N00075311 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Mud Creek Water and Sewer District is hereby authorized to discharge wastewater .from a. facility located at MUD Creek South Wastewater Treatment Plant Glover Street East of Hendersonville Henderson County to receiving waters designated as MUD Creek in the French Broad. River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I.T., and III hereof. This permit shall become effective April 17, 1989. This permit and the authorization to discharge shall expire at midnight on March 31, 1994. Signed this day Apri 1 17, 1989. Original Signed BY ARTHUR MOUBERRY For: R. Paul. Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0075311 SUPPLEMENT TO PERMIT COVER SHEET MUD Creek Water and Sewer District is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Mud Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.300 MGD wastewater treatment facility located at Mud Creek South Wastewater Treatment Plant, Glover Street, east of Hendersonville in Henderson County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into'Mud Creek which is classified class C waters in the French Broad River Basin. U A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Summer Limits (April 1 - October 31) NPDES No. NC0075311 ES No. NC0075311 During the period beginning on the effective date of the Permit and lasting until expiration, the 1 expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited s shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements cements Lbs/day Other Units (Specify) Measurement Sample Sample *Sample Monthly Avg_ Weekly Avg. Monthly Avg. Weekly Avg. Frequency Type Location Location Flow 0.300 MGD Continuous Recording I or E Iding I or E BOD, SDay, 20 Degrees C** 5.0 mg/l 7.5 mg/1 2/month. Composite E, I site E, I Total Suspended Residue** 30.0 mg/l 4.5 mg/l 2/month Composite E, I Dsite E, I NH3 as N 2.0 mg/l 3.0 mg/l 2/month Composite E 'psite E Dissolved Oxygen (minimum) 5.0 mg/l 5.0 mg/1 weekly Grab E, U, D E, U, D Fecal Coliform (geometric mean) 1000.0/100ml 2000.0/100ml 2/month Grab E, U, D E, U, D Total Residual Chlorine Daily Grab E E Temperature Weekly Grab E, U, D E, U, D Total Nitrogen (NO2 + NO3 + TKN) Semi -Annually Composite E 5site E Total Phosphorus Semi -Annually Composite E isite E Conductivity Weekly Grab U, D U, D *Sample locations: E - Effluent, I - Influent, U - Upstream 50 ft. from the point of discharge D - Downstream at Clear Creek Road Upstream and Downstream samples shall be grab samples. **The monthly average effluent BOD5 and Total Suspended Residue concentration shall not exceed 15% of their respective influent values (85% removal). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. ,f their Part I B. Schedule of Compliance 1. The permittee shall comply with Final Effluent L•imi.tation.s specified for discharges in accordance with the following schedule: Permittee shall comply with Final. Effluent Limitations by the effective date of the permit. 2. Pexmi.ttee shall at all times provide the operation and maintenance necessary to operate the existing facilities Al.. optjimm! efficiency. 3. No later than 14 calendar days following a data :identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance, In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part .II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification;.or for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. -Duty to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the'Permit Issuing Authority. The submittal of a new application Part II Page 2 of 14 may be required of the permittee. 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 noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish -kills, even though the responsibility for effective compliance may be temporarily suspended. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Part II Page 3 of 14 9. Onshore of 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. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. 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. 3. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance - of this permit, detailed data or engineering estimates which identify: a. The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the .central office or 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 division from or bypass of facilities. 4. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, `improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United. States. b. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at.a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Part II Page 5 of 14 2.. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each'month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms -approved by the Director, DEM,, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, 'and all other reports required herein, shall be submitted to the following addressz Division of Environmental Management Wager Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611_ 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 6 of 14 6. Records Retention All records and information resulting from the monitoring activities -required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator'of the Environmental Protection Agency. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; C. The person(s) who performed the analyses; and d. The results of such analyses. 8. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to -have access to and copy any records required to be kept underthe terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. SECTION D. 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. Any anticipated facility expansions, production increases, or process modifications which will result Part II Page 7 of 14 in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permittee If the-permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Averaging of Measurements . Calculations for limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. 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: Part II Page 8 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the.contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons,, that render the facility incapable of adequate wastewater- treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters, without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing.Authority as soon as, it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that . pollutant(s) 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 (listed at 40 CFR S 122, Appendix D. Table II and -III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. - All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any .other person who performs similar policy or decision making functions for the corporation, -or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority _to sign documents has been assigned.or delegated to the manager in accordance with corpo'r-ate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by -the Permit Issuing Authority shall.be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is -made in writing by a person described above; (2) The authorization specified either .an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or Part II Page 10 of 14 well field, superintendent., a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus.be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a.. or b. of this section shall making the following certification: - III certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision -in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, -or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, .true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 10. Availability of Reports Except for'data determined to be confidential under NCGS 143-2.15.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making'any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11..Penalties.for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural Resources and Community Development. Part II Page 11 of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dgy Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It -is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. C. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight -of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sample and/or measured during the calendar year on which daily discharges are -sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is., therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. %1 Part II. Page 12 of 14 Concentration -Measurement . a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during -a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily - concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during.a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts,for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the ,permit. C. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or" measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic -mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric 'mean of the counts for samples collected during -a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. - - Part II Page 13 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,. averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" ,is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 8. Types of Samples, a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between,influerit grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of.values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric meanis equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration,times its respective flow divided by the summation of the respective flows. Part II Page 14'of 14 10. Calendar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provi.s:ion.s of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment fac-01ties or additions thereto shall be begun. until. Final. Plan: a.ad Spec.ifi_.atior,.s have been. submitted to the Division of Envi.ronmCntal Management and w:ritte.n approval. and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina. General Statutes, the pe.rmitt:ee shall employ a certified wastewater treatment plant operator in. responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the class-ification ass.inned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental_ Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations .Re.opener This permit shall be modified or alternat?.vely, rcivcked and .refssu.ed, to comply with any applicable effluent guideline or wat:er quality staii and .issued or approved tinder Sectioins 302(b) (2) (c), a:n.d. (d), 304'b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise m;:,re stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued under this pa.r.ag.raph shall also contain any other requirements in°the Act then applicable. d Part III Continued F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity _limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. ','RpgUes'k No. :4-87C I ASTELt0AD-.-`ALLGCATTtD(�! APPROVAL FORi =�� I- ------ V�ater Qual',ty S?C 'on Permit 'Number : NC.00753..1 'I F-c. 1 ity Vame id L10 CR-EEK SOUTH, w,WTP TypA-''of' haste 1,00%. D0-ME:ST:TC JQN S`t t„U J., P,R OjF S,ED r RecA v7 n9> Stream 1C1D CF:EEI< J` Stream . C i ass ° _.C,Ashevfte P,egicnai Off;ce S.ufy b a s i n ° n 0 3 D " ,psheil4eNort�iaCarolina 4 , = County : HENDER8ON' br ai.ri:a9e- Arc -a' { sq, mi) : ' 23 .3 Regi onal -office ARCS Ave.ra, e Fi ow . {';cfs) 47 Repuestor• . FOSTER Summer 7 0 1cfs ° 8, 4. { ) <Da e of Request 9/'22'/.88-:W7riter 7- I. (cfs).,-: T:]. Qua*d'. F9SW' 30Q2 (cf.$) 1B __-__--___--___.____. - RECOP9P9ENDED EFFL►�ENrT -L.,iKITS '- _-_____-__.__._ SUMME t WINTER Wa'. 'eif I ow. (m9d) : 0.300 0.300 D`� ; .5 gOD . {mg/1 ) 'v 10 j� Amm©nia Ntra en (m9%1): 2 A V Dissolve -Oxygen {m9%1) 5 5 Fecal Col.i fors {;l/ 1 00ml } : 1000 1000 PH" (SU) : 6-9 S.`.9, - --- --_._ MDNTTORTNG ____ _____ _____y__ ___- ---__ _'- j Upst'ream ( Y,' N e V" -Location 50 FT. UPST.REAIA : OF DISCHARGE owns- CLEAR CRE'E< ROAD _ _----____ .COMMENT-6 - -------- _._______L_ -_--- - THIS" IS AN.. AMENDED`;PECOk:lm.ENDATION ,.OF WLA ISSUED 1 9 /8.$ , . THESE L IRIITS,'' ERE:,, "ODELED k4-ITH lfENDERS-0i %U-LLE' @ 6 0 'VIGD AND SECONDARY LIMITS (FOD=.30 'MG 30 L) ° THERE IS i�i4 3NTERACTx44 f�ETt�lEEN TH:E F kCTLTTTE a, HOt E�/E3; THE kODEL DO LiE`'JELS." ]N EAR' RE.Ed< TG SA TO irt+= A�G.�;L� 'A;cED ONI TkiE lf'E°3 ER.�xGhl'.- �J,IL'LE' FACILITY;- AT :;S:EQ0�iD�aRY LI�iMyS, `TECH S,ERIV1C1 S ST_T ;lRE �,hli�i�ND-S =THAT ' f( hd �,ONIILL :`` i'TPlcl" DE;-tE'JI'S D TO OfiS 30'YP�G'/T-- NH -13 t�iG/L,"A�1D_CEOto t�iG�/ tF3;ENAwI1 I T Y .E,� PAND MG_i3 , 1- RcComm�nded by F Y } Y Date Rdvi wec; by ► a GateupervTec Support Siao 0. Re�gi ona.l i.sor Date .:gj o'l•(of+"i Permit_ ''Engi nee r•i ng- Date R F T I G`t`? T TECi-?N1 A.L L.;_'C;'`d1"'t.,E E',V . NPDES WASTE LOAD ALLOCATION Modeler Date Rec. PERMIT NO.: rlcoo 7S3// cJ FACILITY NAME: �"� ��=��£(C`l �77f' Facility Status: EK S11M PR0006FD (circle one) Permit Status: RENEWAL NODEWAT ON Wide one) Major ... minor, Pipe ,No: 00 / Design ,Capacity (MGD): ©36 o Af6:0 Domestic (x of Flow): Industrial- . (X of Flow): 0 �, �,• o sc � �,v�., GJ r,�ITI, -,Conttusnts: t-- RECEIVING STREAM: .Class: G Sub -Basin: 0g030 Z Reference USGS Quad: (please attach) County: Regional Office: �As Fa Me. Ra Wa WI WS (circle one) Req.uestsd By: _DyJ 9 '�' Date: Zl Prepared By:A" ate;zh Reviewed. By: ate: k L� fir .ramWIA Drainage Area (m?) Avg. Streamflow (cfs): 1_, 7Q10 (cfs) Winter 7Q10 (cfs) l� 30Q2 (cfs) = Toxicity Limits:IWC % (circle one) Acute / Chronic Instream Monitoring: Parameters - 1/0 fir-d- • D Upstream i Location s'b//' Downstream i Location (OR tea_.'- Effluent Characteristics Summer Winter SODS (mg/l)_ S jo NHf N (mg/0 1z D.O. (m9/0 S S TSS (mg/0 36 20 F: Col. (/ 100ml) /00 a /6 0 o pH (SU) 6 - ... r Wat L_ d W, r uallt Sri; rt Astievilile, Carir�C/f 0 All, ��`�'' . t - .. - N,• � -- - - - - it , fi -No ;48T -------•--------------- WA:=TELOAG ALLOCATION APPROVAL FORM W 'et Permit Number . NC00753 1 1 WINEERING e� Facility Name t MUD CREEK ' S GTH WWTF Il Type of Waste : 100% DOMESTIC JAN ! 1989 z Status Receiving Stream Stream Claws Subbasin County Reyi onal Office Rpquestor. Date of Request Quad .° PROPOSED o MUD CREEK ,Asheville Regional Office c North Carolina v 040302 _ ,Asheville, HENDERSO+! Drainage Area (sq rni ) . 23.3 ARrO Average Flow (cfs) . 47 . FOSTER Summer 7QtO (cf:;} . S. 0 9/22/88 Winter 7Q10 (cfs) : 11. u 19S1nJ 3042 • (cfs} , 18 RECOMMENDED EFFLUENT LIMITS Wastefl ow n (mgd)0 SUMMER 0.300 WINTER 0.300 5-Day BOD (mg/1 ) . 5 10 Ammonia Nitrogen (mg/1 ) : 2 4 Dissolved Oxygen 09/1) . 5 5 T S (mg/1 ) . 30 30 Fecal Col i for•m (#$/ 1 00ml ) a 1 000 1 000 PH (SU) 0 6-0 6-9 --------------------------------- MONITORING __ ------------------------------ Upstream (Y/N )e Y Location: 50 FT. UPSTREAM OF DISCHARGE Downstream (Y/N). Y Location: poi CLEAR CREEK ROAD ------------------- _-------------- COMMENTS, ----------__---------- - ------------- THIS IS AN AMENDED RECOMMENDATION OF WLA ISSUED 1/9/80. THESE LIMIT": WERE MODELED WITH HENDERSONVILLE @ 6.0 MGD AND SECONDARY LIPI�T�s( t''�D=�t1�P'i�1T;,1- __ 30 MG/L) . THERE IS i'dC IN -, ;TION BETWEEN THE FACILITIES! I�i�vb,+EV THE MODEL PREDICTS DO LEVELS Ir.1 COLEAR -REEK TQ SAG TO 3.04 MG/,L BASED CAN THE HENDERSON- VILL E FACILITY AT SEA OND, LIMITS. TECH SERVICES STILL RECOMMENDS THAT HENDERSONVILLE.' S ! IMI! BE REVISED TO BOD5=30 MG/L, NH3= 13 MG/L, AND DOn5 P4'G/ WHEN FACILITY E rANI S TO 6 0 MGD. -------/ 1=-----------.---------------.--_;--- -- -- ---; -- -------- ___ _ Recommended f? Da I e Revs ewed oy < -- ..-=T�cfi:. -5u�ap'or t :.5-u�er•.kt nor ��-. - -Di e -� ( 0 - t�eg� octal dl- EriginewAg. - =C`'t' r _ RiTURi�_ Ta Ts;cwivxA sE�4vlc �Y `� � _ � :S F* �:: .,.i a F, r-- i '` y,• -' } � It - "� NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCOO 7 S Z I 1 FACILITY NAME: N\-N ww %*0 Facility Status: EX118rM (circle one) Permit Status: RENMAL MODEWAIM i)dPFiil►QI'RED (circle one) MaJor Minor Pipe No: k Design ,Capacity (MGD): 0,30D M"C>b Domestic (% of Flow): i0�ye, Industrial N of Flow): —0— RECEIVING STREAM: 11r7u_r\ CP-ZE Class: G Sub-Ba•in: Reference USGS Quad: 'r 9 -SW (please attach) County: 4 --'. 3 c-� �%r,l Regional Office: (�!G:) Fa Me. Ra Wa Wi WS (circle one) Requested By: C�.;� Date: �F�r'rl�3B OL Prepared BY: Date: 9 V _ Reviewed By: ate: - 0 Drainage Area (mid) 0?3,3 Avg. Streamflow (cfs): �17 7Q10 (cfs)_ Winter 7Q10 (cfs) // 30Q2 (cfs) l3 Toxicity Limits: IWC % (circle one) Acute / Chronic Instream Monitoring: T i� � Parameters -ft -. �oIf vv V Upstream _L__ Location - Downstream Location 0 Effluent Characteristics Summer Winter BODE (mg/1) 2 30. NHs N (mg/0 3 /S D.O. (mg/1) S S TSS (mg/1) �30 30 F. Col. (/100ml) `CJ00 /666 pH (SU) G-9 RE EIN,19ir Water Quality Section f I ,AshevM Regional Office E ' J, Reque st No. :487 --------------------- WASTELOAD ALLOCATION APPROVAL -`- FORM Water Quality Section Permit Number NC0075311 ` � MUD CREEK SOUTH WNTPFanflfty,Name � DEC Type of.Waste 100% DONESTIC 2 O iODO Statua : PROPOSED ' Receiving S,tr�eam MUD CREEK J�shVVi(� Ro8iOV8l O/�C8 Stream Class : C ' Subba�fn : O�O3O2 A�h��|l8 North Carolina ' County : HENDERSON Drainege Area (oq m�` : 23.3 Regional Office ARC) Average Flow (nfa) : 47 8equesfor ; FOSTER Summer 7Q10 (ofs) : 8. Date of Raqumot ; 9/22/88 Winter 7Q10 (cfa) : 11. Quad � �QS� 3O�2 (cfo) : 13 ----7------ ------ ------------ RECOMMENDED EFFLUENT'LZHITS ---------------------' °'��' � '+« /�\ "~~�r ^ � SUNNE� WINTER - ��� #a�teflow 'm�d`� 0,30O' O.30� 0*.�-�z-�� c«�^�v -^~~�. 5-Day 6OD AmmonYa Ni trogen /mg/l } � 2Q (mg/l ` � 3 3 8 1 5 /�'e^�� w�� °~�� /~^n/ 014 O� ool ved Oxygen -,Sol (mg/l �eoal Col i form '�/100ml 1000 1000 pH {SU`' 8-9 / ^ �-Q D.-j f4� -�� ����t'r Z: --------------------------------- HONITORING ------------------------------- Uput'`��mLo�ation� �O FT . UPSTREAN �� DZSCHA�GE Do�nstr�am (�/N\: � Luoat�on� � CLE4R CPEEK R0�� ------ --------------------------- CO�j iNENTS -------'-------- THZS F4CI0ITY I�TE��CTS NITj�THE EXZSTZNG HENDERS0NVILLE �WT� *`,'-'PI E�SE &0TE AI_TAC-!'Ei"- D |0 o".` ' ---_-_---�-------_--------- __-------------__-_---- ___-------_---_--_---- Recomm,endk�d b\ Reviewed byt \�/~ Teoh. Support Supnrviec � ReBioil al s� Permits & Engfneerir Data Date _ -�� Date � Data � ' � D `w\0�7 nm^ RETURN 'TO TECHNICL �`'SERVZCES BY ,2- Wa-s'-te'flo'w-"(MG-D) 0,-30 0 Faci I ity Summer/Winter (circle one) MEN 0 MEEMMOM MEMOMME MENNEN MMEMMEM MENEM MENEM MENNEN MEMMEMI NNE SOMEONE MUMEMMEM so MEMMEMEMSE MOMMIMMOMEM MEMMOMME MMEMMEMM 7 9 13 )Y /5- 1- 7 NH3 -N (mg/1) - Potential effluent limit combinations: BOD5 NH 3-N 22-5 (,? 2. 5) 7 (31-1) Comments 0 A D A rj 1-NAL M R E,C E V W er Qual: v Qr"t; f -er, In i N u mL e r- KIC, '1 1 t v N cl rp. e MUD CPEE11, SO 1. 1 i 1-1 W W I T of V1 a �5,t 10 i", 0,--;14E -S T I DEC, 2 0 1988 y P P P cl vice i vi n t coin 1='3U D R. E E i( AsheviN Region8lI Off; t r'. n I Hre ,Asheville, North Carolina S Li b bat,s i n 040362 b u i) t E N C, L S C', N D r, inage Area (sq m 23 3 -t R o n i Of L -1 ce A R, A v e, r, a 9, e c R,e c, u e s 4.- o r, IF 0 T F F\` Summer, 7Q10 f D,� e o f IR e a u - s t W1 I,) t �- r'. 7 G-0 f F 9 3 0 2 c f s, 13 - - - -- - - -- - - - - - - -.- - - - - .- ... - - - - - '. F " - N D E D E F F L U I N T ' L. i i,i i 'r,, — - I. M M:'. f I o 2 9 A- in In t 1 -I a N r, o .71 e ma C, i 's. Sol ved, Ox yg-3 1-1 (mg/l Col. f o r, m 10 0 m I 1000 PH i. oil" INT E iR 0 3. 0 G D14 cj - 1000 7no y G. - c11 -ro �.j D 1 A -G Y k" 50 F T T F D t -t C L E ;A R Cr, E E K R',-,AD TH!"': FACILI'll.TV INTEf,AC ""n' THE EXI"FING H�-NIDEF-'-:DNVII.L.E WW '"PLEASE N-0-TE ATTrr-,-C-HEt! d b R e c, In III rc, v w e d i v � W-0 4- -3 I t j �21 JS /o g% 5.,� FacilitWasteflow-(MGD) a;3oo -` Summer/Winter. (circle one) - - i1iiF". ry�gMee ', �e IN E i� n MMIUMMIRM MEN L olloommummon IMMUM MUMER Isom NEON M 0 N No OMEN M 6� Sri..... :SCR: :�iCi�RC�1�e::.Nil �::aae:e ..meeed NH3®N (mg1D Potential .effluent _1•imit. combinations: - BOD5 (C6'0) NH3.N (NI3og) Z2 �33 1 S (22.5) -- /S �2.5) 7 yo� W� Qual'.ty Section SEP 2 7 1988 Asheville Regional Office State of North Carolina Asheville, North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor ;' p s' R. Paul Wilms S. Thomas Rhodes, Secretary Director k Subject: NPDES Permit Application NPDES Permit No. NC00 County Dear „ This is to acknowledge receipt of the following documents on- L r Application Form, Engineering Proposal (for proposed control facilities),, Request for permit renewal, Application Processing Fee of $_ , Other The items checked below are needed before review can begin: Application form (Copy enclosed), Engineering Proposal See Attachment), Application Processing Fee of $ , Other If the application is not made complete within thirty 30 days, it will be returned to you and may be resubmitted when complete. This application has been assigned to (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. c c : c. Sincerely, Arthur Mouberiy, P.E. 41 Supervisor, Permits and Engineering Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA, ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM A To be filed only by municipal wastewater dischargers Do not attempt to co 1 t FOR AGENCY USE - APPLICATION NUMBER DATE RECEIVED 5 YEAR MO_ nAv mp e e this form before reading the accompanying instructions �I Please print or type 1. Name of organization responsible for facility _ mob 0�E� UU�i�tS�=u����s�w�i � 2. Address, location, and telephone number of facility producin discharge: A. Name �'�U (� P 8. Mailing address: 1. Street address J Avaive 2. City ll 3. County 4. State 5. ZIP 26q C. Location: C 1. Street 2. City UEt�1�E�nt��f�E 3. County tP50l� 4. State D. Telephone No. - 0704- l cir] - 49PA Code SEP 15 3988, If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, p proceed to item 3. Otherwise proceed directly to item 4. ERMITS L ENGINEERING 3. If you meet the condition stated above, check here C and supply the information asked for below. .After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible .for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP 4. Type of treatment - A. (3 None B. O Primary C.0 Intermediate 5. Design flow (average daily) of facility 013 mgd. 6. Percent BOD removal (actual): A 0 0-29 9 B D.kSecondary E. O Advanced • . O 30-64.9 C. O 65-84.9 D. O 85-94.9 7. Population served: A.13 1-199 B.0 200-499 C.0 500-999 E. 0 5,000-9,999 F.O 10,000 or more 8. Number of separate discharge points: A XI B. 0 2 C.0 3 D.0 4 E. 0 5 E.A95 or more D.)6,000-4,999 F.O 6 or more 9, Description of waste water Atst�llrl p •$fie sreL�rs only iZ'tR1eR'W ap�T}L'apTti flow, MGD (million gallons per operating day) Volume treated before Discharge per discharging (percent) operating day �'- 0.01- (1,05- 0,1- 0.5- 1.0- 5 or None 4,0C94� O,Da9 0,099 0.49 0,99 4.4 0.1- 35- 65- 95- more 34,9 64.9 I 94,9 100 ( ) (2! ( (3) (4) (5) (6) (7) (B) (9) (10) (11) (17) A. Average B. Maximum lD. 't any 'r.-ated nr i.m',nnited, is discharged to places other than surface wr•ters. check ca+ z:; anplicab] e, Flow, MGD (million vallnns per ooeratinq day) fs War:^ w�t'Y G-0.00?9 0.01-q nag 0 G5-D na9 n 1 0 an disch,trgnI ll n t ;i A. Deep w"il -- ; c. Fu11tiur`.1,ce pPrrr.t`tior• s�•;'�m D. Dingr,. (3) — 1 (4) 5) 1 (6) 5 or more (7) ---+--- 11. 1" ?.ny "_Uu qe. u111mi.trcty returnrd to a waterway? 12, a. 01) you rer_eive industrial waste? P t r.. yes 2.t. 1.0 �1 *I' K, � h. 1F Yes, `ntcr Pro��oximate number of industrial dischargers into system (CCl 13, lype of cni)ection sewer systei: 4: lsererau! sanitary 6.5,Combined sanitary and storm (..0 both Separate and combined sewer systems _ j�am/;;� _ 1.4- Name of receiving water-oi waters I"�V1° ��� —��( � y "-- 1[/ 15. Does your discliarq� contain or is it possible for your discharge to.contain �Z rt one or mare of th-7 following substances: ammonia, cyanide, aluminum, beryllium. ��Ofl�-illi=�. cadmium, chromium, copper, lead, mercury, nickel, selenium• zinc, phenols. A. ❑ yes B, o 1 certify !.hat ' am faniliar with the information contained in the application and that to the hest of my knowledge and belief such information is true, complete, and accurate. Ill-IRMRI!E Printed Name of Person Signlnq ,) OVAIRM I 9 Date Application Si e -;1iy11at.ure Of. Applicant North Carolina General Statute 143-215.6 b (2 provides any false statement representation, or certi icationin anytapplication�nrecord orengly makes or other document files or required to be maintained under Article 21 or regulations oof, thean, Environmental Management Commission implementing that Article, or who falsifies, tampers wit. or knawly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commissi(_ implementing that Article, shall be guilty_ of•a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C.Section to exceed - or a punishment by a fine of not more than S10_n0(l P Date September 22, 1988 NPDES STAFF REPORT AND RECOMMENDATIONS County: Henderson NPDES Permit No.N00075322 PART I - GENERAL INFORMATION 1. 'Fac`ility and -Address: Mud Creek Water and Sewer District Henderson County Board of Commissioners 244 Second Ave. East Hendersonville, North Carolina 28 2. Date of Investigation: September 22, 1988 3. . Report Prepared By: Gary T. Tweed, P.E 4. Persons Contacted and Telephone Number: William G. Lapsley 704/697-7334 5. Directions to Site: The proposed site is located adjacent to Jackson park just East of Hendersonville, N.C. 0,1� P eW 0 _ .—fAl—m 60 ,- '? �-4 A vc W 7. go S �/ Discharge Point - Latitude: 35-18-50 Longitude: 82-27-04 Attached a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. or USGS Quad Name Hendersonville Size (land available for expansion and upgrading): Several Acres Topography (relationship to flood plain included): Flat 9. Location of nearest dwelling: Greater Than 100 Feet 10. Receiving stream or affected surface waters: Mud Creek a. Classifications: Class C b. River Basin and Subbasin No. 04-03-02 C. Describe receiving stream features and pertinent downstream uses: fish and wildlife propagation and fishing. Receives several permitted discharges including the City of Hendersonville. PART II DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100 Domestic Industrial a. Volume of Wastewater: 0.300 MGD b.- Types and quantities of industrial wastewater: N/A c. Prevalent toxic.constituents in wastewater: d. Pretreatment Program (POTWs only) in development. approved should be required not needed 2. Production rates (industrial discharges only) in pounds a. highest month in the last 12 months b. highest year in last 5+ years I 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: r, 4. Type of treatment (specify whether proposed or existing): It is proposed to construct a 0.300 MGD extended aeration type wastewater treatment facility and discharge by effluent pump station to Mud Creek. 5. Sludge handling and disposal scheme: Not specified. It has been recommended that sludge handling facilities be designed into this system. 6. Treatment plant classification: Most likely class II 7. SIC Code(s) 4952 Wastewater Code(s) 01 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No' 2. Special monitoring requests: 3. Additional effluent'limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS The Henderson County Board .of Commissioners have made application for a NPDES permit to construct and operate a 0.300 MGD wastewater treatment facility east of Hendersonville to serve that portion of the County. The City and County have not been able to agree on joint facilities and each Is proceeding with there own facilities. This project will eliminate several existing and proposed facilties in the Bat Fork Creek and Mud Creek drainage basins. The site is suitable for the proposed facilities. It is recommended that the permit be issued. sor ` �_t � � -. r • , � r r7YICC .11• • II • r J (� �i - !` � l r . + R '5 'NFA r , Ho I SON A \fir Ctt • t.. s err- . P t 0 OP TH rker HeighU�b -- „ i • !, ,a . 1I �yy �i•, �;, 'r . I .( , yr •J?`! _• ✓n i �• = w, D r Oak volts ' I\ �l' t•\ S� iut�la••.i.i t 'v ' �I� •C. '�' - • 1 iir ) • •r.. : ry k s� �. ��' fir E'`4a-ro ..� � , � ..' • •• �', = = ��a� •n.•aI�T; •,`I'`, • ;! s '' f, � �� �• !(-� /� ci . � _ �/ II• a �p • ti `I, • • � �\� • r � ° t•" • ,;.� � -L• :�;%i � s -Ir5onyllle °�� • ,�, '�`` �p ti ,• :�,� . 4�• / Wes° �' "_•fi�� . c `��` :4♦ .1 Count[ CIuD M (t.. / ,• ., .., , . .. t,l�•y 1 • .��+-� :_: ' .i; �; ; fir' 4-'Q� \�`J uo l+ r FF .ij• `SV ' •.: j, I'1 \: • ` y� 'l' h'll L) . '•y: :c ,, s•� _ �1•,. .• • • X ' )��;'�y 4 :;T's.. 'u.•�D��..ihun�ng.Go�•` - , . -. � � � •tif.��' ; �, '} •\�.�i�� �a� r , ' il, ,� ,!!f ` --� A�rrci \.: °°•�' ' • •,� -i•ro rl�inN��„ fi' ...t y.- •,• .`• .`\ vA�� Moanta L.a7ce � 1 ' 7 � • ' `F', l- ; it ,�,,• l• � ii .f T ° ' , � ('� . � � +•r ° /11\ .. •' • • �� � m MuL1 l'.r NfOur Lady- F l,n?, • .•1 � - _ v: - •? .•/.� ,;� / / i r .� ` �J � 1t .. .. •R�eti Mille• -- °� , Diu�tock Attei 'Hills Cgyp'. 'il �� 'dl S- •'''I �!••`"t Jnhn ``GODI 'rJ All. Er Madonna Lake,0.17 :- , V ; 1. /} � 1�.4 'Jr � i, •` 1 BunclarkIn ! / F `. Flu •I�otc .ty%rer'� nda' William G. Lapsley & Associates, P.A. Consulting Engineers and Land Surveyors 410 Fifth Avenue West - Suite 11 Post Office Box 546 Hendersonville, North Carolina 28793 704-697-7334 September 12, 1988 Mr. Arthur Mouberry, P.E. Permits & Engineering Branch N.C. Division of Environmental Mgmt, PO Box 27687 Raleigh, NC 27611-7687 RE: Mud Creek South WWTP Henderson County Dear Mr. Mouberry: Enclosed for your review and approval please find an Application for Permit to Discharge treated wastewater from a proposed new facility. The Henderson County Board of Commissioners are faced with a serious need to construct public wastewater collection system facilities in the rapidly growing urban area surrounding the City of Hendersonville. After several years of negotiating with the City, it now appears that the only way the system can be developed is by constructing an independent wastewater treatment facility. Therefore, enclosed is an application and supporting documentation to assist in your review. Please note that any substantial capacity at the City's wastewater treatment facility that had been reserved for Henderson County's use should be re -allocated to this new facility. ,Should you have any questions or need additional informa- tion, please feel free to call on our office. Si Wi WGL/ec Attachment cc: Henderson County Asheville Regional Office Water Quality Section SEP 1 ?, 1988 :Asheville Regional Off ice Asheville, North Carolina ENGINEERING PROPOSAL for MUD CREEK SOUTH WWTP PROJECT DESCRIPTION The Henderson County Board of Commissioners has received strong community interest in the development of a central wastewater collection system to serve an area of the Mud Creek drainage basin located just south of the City of Hendersonville. This is a rapidly growing suburban area that has developed on individual septic tank/ground water absorption systems. This project will initially involve the construction of approximately 19,000 feet of wastewater collection lines. It is anticipated that within the first 12 months after construction is completed, 300 service connections will be made to the system. WASTEWATER TREATMENT ALTERNATIVE The service area has been developing with individual septic tank systems. This is unsatisfactory for a densely populated suburban area. The proposed sewer collection system will serve an area immediately adjacent to the City of Hendersonville. For several years the Board of Commissioners attempted to negotiate an agreement with the City to provide for use of their wastewater treatment facility. These negotiations have not been successful; therefore, the County has decided that the public's need for central sewer service demands that the project proceed with its own wastewater treatment facility. PROPOSED TREATMENT SYSTEM It is proposed to install a 300,000 GPD conventional extended aeration type wastewater treatment facility at a site outside the City of Hendersonville. An effluent sewer lift station will transport the treated effluent to its discharge point on Mud Creek. The system will be constructed in a manner such that the treatment plant can be bypassed to permit ultimate discharge to either the City of Hendersonville system or a larger central County -owned wastewater treatment facility. The Board of County Commissioners has established the Mud Creek Water & Sewer District to own and operate the wastewater collection and treatment facilities to be constructed under this project. PROJECT LOCATION MAP The attached location map shows the project service area and the proposed effluent discharge point. This Engineering Proposal and Application to Discharge have been prepared by William G. Lapsley, P.E., of Hendersonville, N.C., with the approval of th- Henderson County Board of Commissioners. ••Drive-in / i�h 0'I• .theater �, ',� �. o/ (, V f 120 O '•� . .. oR iot r • �ti /�s • d� --/ Cit - • •TH •f SIC_ J Oakdale r� •,• •' ` \ II \ I. Al a •., F 0 D z M �%— m� 0 z e r1 ° ( , I \ • jeer Hpe To* eigh l(FB- u 2086 M, �,•�• �• � i .f:...'�. °t.'IDriNe=lit.)• .�:1/ � � .�^ �\1P �� e on� deall .-�"r- -./. c s! / ��I, • ••/^•; •1. -;fi � �� ��" `��:Teh• �• ,� ' •• \,.� n o [�Yrlyb'��� .I.. •{;., I '_ .L ••1 .C. i'1 I oG°.� ��,�'�.. ' t Ili. j c '� •' I \ `r �Ir . 1 � Rl o towers: •\• �� 1 i\� •t F �l •.I ,.y — WHVL} •'••.� :.� ('<< j ' FG Z \ 1�`\ ♦ '�• •••\ •� �, ; `\ Zj- �• :. i,• • C f�lfli a ine�1 . ')• .�(• / '�tvq ''��j 1 I era • • : . a • 1' ' II a.\ k ,�•i, -� � of -�- •� �.,..- :•�. pi. ` : • O�+ 1,..}• ,+ • f �-•'• •tea � •', • \� ,..,e �� l �• �'• "'t !�:, I ��` '� A> /'--� it •� ' •i I " k J V •• IfM a � III , 20 \ •`^ � ` CI I'• +, " ' •�' � '! �' � 'i _park •th' t)ef 's. �. ; II % / ' /if I• i I l \� 1' C • 1 %,� C- 1 III ! /, 1 C , Cj ` ^ `�F A`��s'• ,�: ;;� ii (��f� I' ��`'�j � ' j.- �,�HUd c �":;=:� • I, • • � 1 t '� �`,`> . I 11 ,5i�: � /.° • .� •. �• �, In • \�\ �'-� � f':�••\'\ �. . 11 �%!' l� � ��. tJo•n I �� �• :� % .'�.- .�.:�:e:.,:; /ll /� �S ,���1 �•'. lI✓/!�" l: �� �\ �� _�_ 4v� ° -``Gum ';" ( U % • r �' -.1'/ � lI h � �G _ � p'qq�/ ��. �j � �I t .; h�lll x -_ (• "(;. a �. 1 • •--, ' { ( �� � l� � I �/ i "-�. _;t .� � �� � i� / � � il. � �M4dotznn••Itak - l'' �•. t �,/ JII i' "•y: -J�i�j rni i .:G��� ' p - s_ BonQar n,, jj l m •� .� FI ': .Vy ail %t`�'.,u>)►ds �+ Z'I S JJ 1 ,-J I ' �•' • ( ,.r, ��op� / ;'� � I / :"-. •IGI - '. • �/l( �\� V(-(�Il I 1 I eS �•�l' � � .;�� •411/ �, 111��� NORTh CAROLINA, ENVIRONMENTAL MANAGEME►v► COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM A To be filed only by municipal wastewater dischargers APPLICATION NUMBER FOR AGENCY USE DATE RECEIVED YEAR MO. DAY Do not attempt to complete this form before reading the accompanying instructions Please print or type 1. Name of organization responsible for facility IT►Vie L-h-j"r-- Vy"'L-'-R 2. Address, location, and telephone number of facility producin discharge: A. Name f?► oh �I?��k SQUi4� � � B. Mailing address: 1. Street 1address_ "-1 2. City � ` CO'_ 3. 3. County 4. State I�Dizlll faLaL.Ii�:A 5. ZIP C. Location: 1. Street 2. City u��� �S(�t3VltlE 3. County 4. State NG�I i �.i`1.11y D. Telephone No. Area Code If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 3. Otherwise proceed directly to item 4. 3. If you meet the condition stated above, check here 0 and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 5. State 4. Type of treatment: A.0 None B. O Primary C. 0 Intermediate 5. Design flow (average daily) of facility � mgd. 6. Percent BOD removal (actual): D *Secondary A.O 0-29.9 B.0 30-64.9 C. 0 65-84.9 D. 0 85-94.9 7. Population served: A.0 1-399 B.c12OO-499 C.13500-999 E. 0 5,000-9,999 F.0 10,000 or more 8. Number of separate discharge points: `A)(1 B.02 C.O3 D.04 E.05 4. County - 6. ZIP E. 0 Advanced E:A95 or more D.k.000-4,999 F.136 or more 9. Description of waste water L�111ltwll�ll't0'>>�te watg'rs on Ty �Mclz "3 mnm ) • ' Flow, MGD (million gallons per operating day) Volume treated before discharging (percent) Discharge per operating day O_ 0,01- 0.05- 0.1- O.5- 1,0- 5 or None 0.1- 35- 65- 95- 0,OC99I 0.049 u,099 0.49 0.99 4.9 � more 34.9 64.9 ( 94.9 i100 (t) (2) ( (3) (4) (5) (6) i (7) (0) (9) (10) (ll) I (12) A. Average B. Maximum 10. 'f any wla fn•, 'mated ^r untrn>ted, is discharged to Places other than surface waters, check ;,?'cow z:: anrilicable. `1 I Flow, MGD (million gallons per operating day) 0,5-0,99 1.0-4.9 5 or more disr:hdrgr,l Fn {{ (3) (4) (5) I (6) (7) . r A. Deep wellB. Evapor�tirn__..— f., D. Other,•%per.ify: � 1 I 11. I . any siu,qe Lilt ira<.teiy returned to a waterway? A..: yr. S 6 *no 12. a, Do you receive industrial waste": f1�S a I r.. yrs 2..�;no W40 h, if ves, enter arnroximate number of industrial dischargers into system 13. Type of collection sewer syste-i: 4.*,-,eoarate sa-litary B. o C mhined sanitary and storm C, ❑ Roth separate and combined sewer systems _ "������y�\/ ��. ►/1f I 14. Name of receiving water or waters Mob 1,11 1�-7 n� 1`►l.^Yt 15, Does your discharge contain or is it possible for your discharge to contain `U EP one or more of the fo'Ilowinc substances.. ammonia, cyanide, aluninum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols. A,o yes I34�o I certify th.it : am finiliar with "he information contained in the application and that to the best of my knowledge end belief such information is true, complete, and accurate. UL�- �T- ) ��V-fl Printed Name of Person Signing Title �� Date Application Si e T�� Signature. of Applicant North Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers wit., 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 Commissi( implementing that Article, shall be guiltv of a misdemeanor punishable by a fine not to exceed $10,00r), or by imprisonment not to exceed six months, or by both. (13 U.S.C. Section 1001 prov, a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both,