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NC0067288_Regional Office Physical File Scan Up To 12/7/2020
A 'F V PAT MCCRORY Governor DONALD R. VAN DER VAART M Secretary Water Resources S. JAY ZIlVIMERMAN ENVIRONMENTAL QUALITY Director IJanuary 7, 2016 Division f wa er s D Mr. Aubrey L. Deaver F E B - 3 2016 A & D Water Service, Inc. P. O. Box 1407 - Pisgah Forest, NC 28768 Lwater duality Region► Operations sheviiie Reqionai office Subject: Issuance of NPDES Permit NCO067288 A & D Water Service, Inc. — Hunter's Glen Subdivision WWTP Henderson County Dear Mr. Deaver: Division personnel have reviewed and 'approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North.Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit contains no significant changes to its terms from those found in the draft permit sent to you on November 18, 2015. However, you are also reminded of the new condition requiring electronic reporting of discharge monitoring report (DMR) data using the Division's eDMR internet application. This new requirement will become effective on November 1, 2016 (approximately 270 days or nine months following the effective date of the permit). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service.Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. State of North Carolina I Environmental Quality I Water Resources 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 C Mr. Aubrey Deaver NCO067288 Permit Renewal 2016 p.2 , If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. cc: •al Files NPDES File Si rel , �G S. Jay Zimmerman, P.G., Director Division of Water Resources Permit NCO067288 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, A & D Water Service, Inc. , is hereby authorized to discharge wastewater from a facility located at the Hunter's Glen WWTP 314 Hunter's Glen Drive Horse Shoe Henderson County to receiving waters designated as Shaw Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2016. This permit and authorization to discharge shall expire at midnight on November 30, 2020. Signed this day January 7, 2016. 1 S. immerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0067288 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. A & D Water Service, Inc. is hereby authorized to: 1. Continue to operate an existing 0.035 MGD extended aeration wastewater treatment system with the following components: ♦ Duplex influent lift station with grinder pumps and high water alarm ♦ Bar Screen ♦ 35,000 gallon aeration basin with dual blowers ♦ Clarifier with skimmer and sludge returns ♦ Aerobic digestor ♦ Tablet chlorination ♦ Chlorine contact chamber ♦ Dechlorination ♦ Effluent flow metering ♦ Sludge holding basin The facility is located at the Hunter's Glen WWTP, 314 Hunter's Glen Drive, near Horse Shoe in Henderson County. 2. After receiving an Authorization to Construct from the Division of Water Resources, construct additional facilities to increase plant capacity to 0.070 MGD, and 3. Discharge from said treatment works at the location specified on the attached map into Shaw Creek, classified C waters in the French Broad River Basin. Page 2 of 7 Permit NCO067288 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of the permit and lasting until expansion above 0.035 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code, LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum ._' Measurement Frequency Sample Type yp Sample Location - Flow 50050 0.035 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1— October 31) C0610 16.0 mg/L 35.0 mg/L Weekly Composite Effluent NH3 as N (November 1— March 31) C0610 Monitor & Report 2/Month Composite Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlor1ne2 50060 28 µg/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH 00400 >_ 6.0 & <— 9.0 standard units Weekly Grab Effluent Footnotes: 1. No later than November 1, 2016 (270 days from the effective date of this permit), begin submitting discharge monitoring reports electronically using NC DWR's eDNM application system. See Condition A. (3.). 2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 fig/L. There shall be no discharge of floating solids or visible foam in other thanl trace- amounts. Page 3 of 7 Permit NC0067288 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.035 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT CHARACTERISTICS, .__Parameter Code LIMITS MONITORING REQUIREMENTS Monthly Aveta e, _ Daily Maximum Measurement Frequency Samp_ le, T,pe__ _ Sample Location_ Flow 50050 0.070 MGD Continuous RecordingInfluent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1— October 31) C0610 16.0 mg/L 35.0 mg/L Weekly Composite Effluent NH3 as N (November 1— March 31) C0610 Monitor & Report 2/Month Composite Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine2 50060 28 µg/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH 00400 > 6.0 & <_ 9.0 standard units Weekly Grab Effluent Footnotes: 1. No later than November.), 2016 (270 days from the effective date of this permit), begin submitting discharge monitoring reports electronically using NC DWR's eDAIR application system. See Condition A. (3.). 2. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 7 Permit NCO067288 A. (3.) ELECTROlQNIC REPORTING OF DISCHARGE MONITORING;REPORTS [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions forNPDESPermits): ® Section B. (11.) Signatory Requirements ® Section D. (2.) Reporting • Section D. (6.) Records Retention o Section E. (5.) Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)1 Beginning no later than November 1, 2016 (270 days from the effective date of this permit), the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring. data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is. compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date'the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 7 Permit NC0067288 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: hqp://portal.ncdenr.or web/wq/admin/bo u/p edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.or web/wq/admin/bogLiu/n edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 3. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 7 TUa,- 4+TNTrnnti774o �' HIV fl��� �� moo-•., \ -_ p-4 V i I e t � k vG�U0 ®IsC,_, @POI t Johr�s6n rl Vj AQ ry RV t '�\ l�kq // ♦ � � r� a.u1 t �r // \ �i+mil • �' . .i . • � l�''^1 i�1 � ','!i'��'�.` y y � F <v. eta. '1-7 �. • Ili 1 � f r �� �f',1 �� ri `, jJ • •yam �' ••`� / 'jam{ I � • ♦ p • _... �� _ :-.. �` - ° • Gi- i rry �� , 1 - -' / 1' 1 O ` A & D Water Service, Inc. Hunter's Facility Glen WWTP Location Latitude: 35°20'31" Longitude: 82°32'59" Quad Name: Horse Shoe Sub -Basin: 04-03-02 Receiving Stream: Shaw Creek Stream Class: C North NPDES I Permit NCO067288 Henderson County Page 7 of 7 _ sS Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. i Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. i Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample, A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually'or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow reorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 IN -.S Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous now measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack, ofpreventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply_ The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 30.1, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed; in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions " Page 4 of 18 imprisonment of not more than I year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, .318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.CA), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 N: S Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the, Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or. any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications; reports, or information submitted to tlie'Pehfi t Issuing Authority shall be signed and certified [40 CFR 122.41(k)]: a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For.a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1), The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent; a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing"Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Pennittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 N 3S Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15ANCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. . NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a,.defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Tieatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 N- ;S Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures, for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Qua lityReportmg Acts, and to regulations published pursuant to Section 304(g), 33 USC' 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under"40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this 'permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended byTequest of the Director at any time [40 CFR. 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c.. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(l)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61 ] or state statute. Version 1110912011.1 N. ;S Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 N ;S Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.l(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permttee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Penn ittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 N ;S Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (ICJ) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement -its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall 'include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and JI.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 ;SPermit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR403.3(i). [15A NCAC.02H .0903(b)(10), .0905, and .0906(b)(4)], 5. Industrial User Pretreatment. Permits (JUP)l & Allocation Tables In, accordance with NCGS 143-215. 1, the Permittee shall issue, to all Significant Industrial Users, ,permits for operation of'pretreatrnetit!equipment and discharge to the Permittee's collection system or treatment I nt works,. These permits shall contain limitations, sampling protocols, reporting requirements; appropriate standard and special conditions, and compliance schedules as necessary for the installation ,of treatment and control technologies to assure thattheir wastewater discharge will meet all applicable pretreatment standards and requirements. quirements. The: Permittee, shall maintain a current Allocation'Table (AT), which summarizes the, results of the HWA and the limits from all IUPs. PerrnittedIUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6),_0909,_0916, and.0917; 40 CFR 403.5, 4018(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization, to_Construct,,(AtQ,), The Permittee shall ensure that an Authorization to Construct perit, (MC) is, issued to all applicable Industrial Users for the construction or modification of any pretreatment facility., Prior to the issuance: of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (JUP) limitations. [ I 5A NCAC 02H .0906(b)(7), and .0905; NCGS 143- 7. POTW inspection & Monitoring, of their Ws The, Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users compliance with applicable pretreatment, standards. :[15ANCAC 02H.0909(6); 40 CITR-403.9(f)(2)(v)] The Permittee ,must - a. Inspect:, all Significant Industrial Users (SJUs), at least once per calendar year* b,. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all SIU permit -limited parameters including flow except as, allowed under 15A NCAC.0908(e); and c: At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with, the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as. non- significant. 8. lU Self Monitoring and Reporting The; Permittee; shall, reauire all Industrial Users to comply with, the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program the industrys pretreatment permit, or in 15A NCAC 021-1.0908. [15A NCAC 02H.,0906(b)(5) and .0905,,40, CFR 403.8(f)(1)(y) and (2)(iii); 40 CFR 122.440)(2) and, 40 CER403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce, and obtain appropriate remedies for violations of all pretreatment standards, promulgated pursuant to section,307(b) and (c) of the CWA(40,CFR 405 et. seq.),,prohibitive discharge standards as set forth in 40 CFR 401.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment, requirements. All remedies,, enforcement actions and other, shall be consistent with the Enforcement Response .Plan, (ERP), approved by the: Division. [15A NCAC 02H .09,03 (b)(7),,.0906(b)(8) and .0905;,401 CFR,403.8(f)(5)] 10. Pretreatment Annual Reports The Permittee shall report to the Division, in accordance with 15A NCAC 02H .0908.. In lieu of submitting annual reports, Modified Pretreatment Programs, developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with, Division personnel, periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee, shall submit two copies of a? Pretreatment Annu its pretreatment - r - al Report ,(PAR) describing S, pretreatment activities over the previous calendar, year to the Division at the following, address; Version 1410912014.11 NPDES Permit Standard Conditions Page,18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following:. a. Narrative: A narrative summary detailing, actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance, with, pretreatment requirements; b. Pretreatment Program ,Spmmag (PPS) Apretreatment program summary (PP S) on forms or in a format: provided by the Division; c. Sign �ificantNon-CQrn t. (SNCR) Non -Compliance Report. A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SlUa). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW'sallocation table, new or modified enforcement compliance schedules, public notice of TUs in SNC, a summary of data or other information related to significant noncompliance determinations for Wsl that, are not considered SWs, and any other information, upon request, which in the opinion of the Director is needed, to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice, The: Permittee shall publish annually a list, of Industrial Users (IUs) that were, in significant noncompliance: (SNC) as defined in the Permittee!s Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four i-nonths of the applicable: twelve-month period. [15A NCAC 02,14.0903 (b)(34),.0908(b)(5) and.0905 and 40 CFR 403.8(f)(2)(Viii)] Y2. Record Keeping The Permittee, shall retain for a, minimum , of three years records of monitoring activities and results, along With support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H.0908(f). [15A NCAC 02H.0908(f);,,40 CFR 403.12(6)] 13. Pretreatment Program Resources The Permittee shall maintain adequate fundingand qualified- personnel to accomplish the objectives of its approved pretreatment program. and retain a Written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905, 40'CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification toPretreatment Programs Modifications to the approved pretreatment program includingbut not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SWs),,and Monitoring Plan modifications. shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H.04 14 and 15A NCAC. 0211.0907. Version 1110912011.1 A'L NCDENR North Carolina Department of Environment and Natural. Resources Pat McCrory Governor Audrey L. Deaver, President A & D Water Service, Inc. Hunters Glen WWTP PO Box 1407 Pisgah Forest, NC 28768 Dear Permittee: Donald R. van der Vaart Secretary April 29, 2015 Subject: Acknowledgement of Permit Renewal Permit NCO067288 Henderson County The NPDES Unit received your permit renewal application: on April 22, 2015. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Bob Sledge (919) 807-6398. Sincerely, W ►ye w TktAfor& Wren Thedford Wastewater Branch cc: Central Files WAYslTe—vll-eXegrola Office: NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-W-63001 Fax:'919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.or-Q e9��na20 C��cz i ec,�� .rt2�P` .r�•" An Equal Opportunity\Affirmative Action Employer "ES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit 000067288 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box Otherwise, please print or type. 1. Contact Information: Owner Name A & D WATER SERVICE, INC. Facility Name HUNTERS GLEN WWTP Mailing Address P. O. BOX 1407 City PISGAH FOREST State / Zip Code NC 28768 Telephone Number ,(828)884-9772 Fax Number (828)884-8632 e-mail Address admaint@comporioum.com 2. Location of facility producing discharge: Check here if same address as above ❑ R�CEIVEDI®ENRIDWR Street Address or State Road 314 HUNTERS GLEN DRIVE APR 2 2 2015 City HORSE SHOE Water Quality State / Zip Code NC 28768 Permitting bectioll County HENDERSON 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name A & D WATER SERVICE, INC. Mailing Address P. O. BOX 1407 City PISGAH FOREST State / Zip Code NC 28768 Telephone Number (828)884-9772 Fax Number (828)884-8632 Q�or ot�a`g e-mail Address admaint@comporium.com 6 Z ova tat o�a��pEC°e Peggy o Ov��t� Q PFa pe- 1 of 3 Form-D 11112 L a _)ES APPLICATION - FORM D For privately -owned treatment systems treating 1001/6 domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial X Number of Employees < 25 est. Residential X Number of Homes 56 School ❑ Number of Students/Staff Other ❑ 1 Explain: Describe the sources} of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.):. RESIDENTIAL SUBDIVISION, SHOPPING CENTER, CONVENIENCE STORE, RETAIL SHOPS Number of persons served: est. 165 mol 5. Type of collection system X Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes X No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): SHAW CREEK IN FRENCH BROAD RIVER BASIN 8. Frequency of Discharge: X Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOI?, PSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Existing Treatment System: 1. Duplex Influent lift station; 2. Bar Screen; 3. Aeration Basin; 4. Rectangular Clarifier; S. Tablet Feed Chlorinator, Chlorine Contact Chamber; 6. Tablet Feed De -Chlorinator; 7. Effluent Flow Meter; 8: Sludge holding Basin. 2 of 3 Form-D 11l12 Rra)ES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow .035 MGD Annual Average daily flow .007 MGD (for the previous 3 years) Maximum daily flow .019 MGD (for the previous 3 years) NOTE: LEAVES BLOCKING WEIR ON THIS DAY 11. Is this facility located on Indian country? ❑ Yes X No 12. Effluent Data MEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. _ RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in your permit. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 44 6 mg/l Fecal Coliform 4 1 # colonies Total Suspended Solids 45 10 mg/1 Temperature (Summer) 25 22 C Temperature (Winter) 19 11 C pH 7.5 7.0 SU 13. List all permits, construction approvals and/or applications: NONE Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. AUBREY L. DEAVER PRESIDENT Printed name of Person Signing Title Applicant Date North Carolina General Statute 143-215.6 (b)(2) states; Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or 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 $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 11 /12 11r '31,y 9s� . �'Harse Shoe- �,���� Hurite''rrs Dien Outfa(I -r v GOOle- s -th: x: tt 0 2015 Google Facility information NPDES permit #: NC0067288 Henderson County Facility name: Veolia Water North America Operating Services — Hunter's Glen Subdivision WWTP WWTP class: II WWTP type: 0.035 MGD (0.070 after A to C) extended aeration WWTP with: 36 gpd duplex influent lift station with grinder pumps and dual high water alarms; manual bar screen; 35,000 gallon aeration basin with dual 140 cfm blowers providing diffused air; 5900 gallon rectangular clarifier with skimmer and sludge returns; 2618 gallon aerobic digestor; tablet chlorinator; 2400 gallon baffled chlorine contact chamber; tablet dechlorinator; Isco 4210 ultrasonic flow meter; and Isco 3710 FR refrigerated composite sampler A to C: Issued 4-23-1987 Annual Average Flow: 0.005 MGD for 2010-2012 (3 year average) Annual Report: SPAR is not required; < 200,000 gpd Development: Consists of 52 residential homes and 7 commercial establishments: 4 restaurants, 1 convenience store and 2 commercial offices. Collection System: WQCSD0285 About 52 homes and 7 commercial establishments are served by a private sewer system. A monthly fee is assessed by the sewer company for homes on the system. Tom (Rev&6d ` �013 --c ���� Kilpatrick & Associates (828-890-4810), (located at 6667 Brevard Road, Etowah, NC 28729) maintains the system and bills customers for the sewer service. Approximately 10,800 feet of pressure sewer force main system consisting of 2-inch, 3-inch and 4-inch diameter pvc, with individual home pump tanks; 1000 feet of 8-inch diameter gravity lines with standard pre -cast manholes; and one main pump station at the WWTP. The individual pump tanks are maintained by the utility company. Sludge Management: Commercial hauler (Goldie & Associates) to the City of Hendersonville's WWTP. Goldie & Associates - 864-882-8194 210 W. North Second Street, Seneca, SC 29678 (email: henry@goldieassociates.com) WWTP location: Responsible official: Responsible "'s title: Mailing address: Phone numbers 828-890-4810 828-890-4810 828-243-1784 Operator information Certified ORC & grade: Back-up ORC & grade: Permit information Date issued: Expiration date: 314 Hunters Glen Lane, Etowah 28739 Tom Kilpatrick Manager and ORC PO Box 679; Etowah, NC 28729 Tom Kilpatrick & Associates " —fax (email: twkk@morrisbb.net) " —cell Tom Kilpatrick — Grade IV WW — Cert #: 5983 Vincent Edwards — Grade IV WW — Cert. #: 12-1-2010 11-30-2015 Stream information Stream & river basin: River Basin: Sub -basin: Quad: Grid: Stream classification: Drainage area sq mi: Instream Waste Conc.: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs: Latitude: Longitude: Note: Other information Directions: Combo: Shaw Creek French Broad River Basin 04-03-02 Horseshoe, NC F8SE C 7.14 4.9% at 0.070 MGD 15.5 cfs 2.1 2.57 350 20" 31' 820 32" 59' Critical Area 5 miles to Mud Creek, WS-III Facility is located off of Hwy 64 in Horseshoe / Etowah, behind the Post Office. 1972 2013 Notes:. The NC Utilities Commission, Public Staff, held a hearing for May 1, 2013 and notified customers regarding a request to transfer this system from Culligan Operating Services, Inc. to A&D Water Service, Inc. and WASCO, LLC c/o Veolia Water North America. A (104%) rate increase from $41.75 to $85.00.mo. is proposed for residential customers. Commercial customers will see a rate increase, as well, if approved by the Commission. Babbette McKemie (919-733-0889) is the contact. (email: Babbette.mckemie(&-psncuc.nc.gov) 4326 Mail Service Center; Raleigh, NC 27699-4326 (Ken Rudder — PSNCUC — retired) Babbette visited the site in April 2013 after the following improvements were made. The WWTP and related equipment was sand- blasted and repainted. The blowers were relocated above flood stage levels. New blower housings and a control panel were installed. The safety grating was replaced / repaired and painted. New coarse bubble diffusers and headers were installed. Electrical code violations (GFCI) were corrected. New stairs and decking were installed, which eliminated the WWTP tie -down trip hazard at the base of the plant. A new ISCO (Model 3710 FIR) refrigerated, flow proportional effluent sampler and platform were installed. A new gate was installed. The road was repaired and re -graveled. A new storage building was installed. The main line collection system valves and air relief valves were located and marked. The tie-in valves for individual home pumps were located and marked. The effluent outfall line right-of-way was cleared for trees and brush. Trees in close proximity to the WWTP were cut and removed. Page 1 of I 'Tom I-Xil A�S,6 t4S 41- �a5� hftp://huntersgiencove.com/documents/sewerl.jpg 4/12/2013 Houses served by sewer system 300 Derby La 301 Derby La 303 Derby La 311 Derby La 316 Derby La 605 Downing Ct 401 Hunter's Glen La 408 Hunter's Glen La 409 Hunter's Glen La 413 Hunter's Glen La 416 Hunter's Glen La 417 Hunter's Glen La 421 Hunter's Glen La 424 Hunter's Glen La 425 Hunter's Glen La 429 Hunter's Glen La 432 Hunter's Glen La 433 Hunter's Glen La 437 .Hunter's Glen La 441 'Hunter's Glen La 445 Hunter's Glen La 501 Hunter's Glen La 504 Hunter's Glen La 505 Hunter's Glen La 508 Hunter's Glen La 512 Hunter's Glen La 516 Hunter's Glen La 540 Hunter's Glen La 543 Hunter's Glen La 547 Hunter's Glen La 513 Maren Ct 101 Saddlebred Ct 104 Saddlebred Ct 105 Saddlebred Ct 800 Summit Farm La 804 Summit Farm La 808 Summit Farm La 812 Summit Farm La 604 Surry Glen Cir 608 Surry Glen Cir 610 Surry Glen Cir 203 Thistledown Ct 208 Thistledown Ct 703 Victory La 704 Victory La 705 Victory La 707 Victory La 708 Victory La 709 Victory La 711 Victory La 712 Victory La 713 Victory La 757f NCDENR North .Carolina Department of Environment and Natural Resources - Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman ; :: Governor Director Secretary' J - -�- - November 5, 2010 ���— Mr. Tom Kilpatrick . ! ,2 2NOV 1010Tom Kilpatrick.& Associates P. O. BOX 679 WATER:QUALITYEtowah-NC 28729 SECTION IO�J oLAS_vI�LE REGIONAL OFFICESubject: Issuance of NPDES Permit NCO067288 Veolia Water North America Operating Services —Hunter's bk' Subdivision WWTP,_ Henderson County Dear Mr. Kilpatrick: Division persgnnel have reviewed and approved your application for renewpl of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no significant changes from the draft permit sent to you on September 1, 2010. More detail has been added to the facility description within the permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within,thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require - modification or revocation and reissuance of the permit. This permit does not affect the 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 Bob Sledge at telephone number (919) 807- 6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, Coleen H. Sullins cc: Central Files (o PA�sh"e ille I e tonal�Office%SurfacYe�Water P ottectio�S-e tft .• NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina Phone:: www.ncwate \ FAX: org 807 6492 \Customer Service: 1-877.623 6748 Internet: www.ncwaterquality.org L An Equal Opportunity) Affirmative Action Employ :r Permit NC0067288 4 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management, Commission, and the Federal Water Pollution Control Act, as amended, Veolia Water North America Operating Services is hereby authorized to discharge wastewater from a facility located at the Hunter's Glen Subdivision U.S. Highway 64 Horse Shoe Henderson County to receiving waters designated as Shaw Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2010. This permit and authorization to discharge shall expire at midnight on November 30, 2015. Signed this day November 5, 2010. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO067288 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions. included herein. Veolia Water North America Operating Services is hereby authorized to: 1. Continue to operate an existing' 0.035 MGD extended aeration wastewater treatment system with the following components: ' ♦ Duplex influent lift station with grinder pumps and high water alarm ♦ Bar Screen ♦ 35,000 gallon aeration basin with dual blowers. Clarifier with skimmer and sludge returns ♦ Aerobic digestor ♦ Tablet chlorination ♦ Chlorine contact chamber ♦ Dechlorination Effluent flow metering The facility is located at the Hunter's Glen Subdivision WWTP, off of U.S. Highway 64, near Horse Shoe in Henderson County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct additional facilities to increase plant capacity to 0.070 MGD, and 3. Discharge from said treatment works at the location specified on the attached map into Shaw Creek, classified C waters in the French Broad River Basin. = Permit NC0067288 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expansion above 0.035 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall.be limited- and monitored by the Permittee as specified below: EFFLr ENT r `LIMITS° `" M0NI70FtING FiEQUIFIEMENTS a' ParameterCodes ( th) Monyy , Measurement ximums Sample Types , 5 hSamplerLocation y, °FrequencYF.... Flow 0.035 MGD Continuous Recording Influent or Effluent 50050 . BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00310 Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3as N (00610) 16.0 mg/L 35.0 mg/L Weekly Composite Effluent October (April 1—Octobeerr 31 NH3as N (00610) ` 2/Month Composite Effluent November 1 —March 31 Fecal Coliform (geometric mean) 2001100 ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorines 28 µg/L 2/Week . Grab Effluent 50060 Temperature (2C) Weekly, Grab Effluent 00010j Total Nitrogen (00600) Semi -Annually Composite Effluent NO2+NO3+TKN Total Phosphorus Semi -Annually Composite Effluent - 00665 pH2 Weekly Grab Effluent (00400 Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee- shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µ /L. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0067288 Veolia Water North Amercia Operating Services Hunter's Glen Subdivision Latitude: 35020'31" Sub -Basin': 04-03-02 Longitude: 82032'59" . Quad Name: Horse Shoe Stream Class: C NC0067288 Receiving Stream: Shaw Creek Facility Location 1V r7� 7 Orth Henderson County t Permit N00067288 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS = FINAL During the period beginning upon expansion above 0.035 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENTS` IMIT' LS ' MONITORING REQUIREMENTS 9, CHARACTERISTICS (Parameter Cotles)' }Monthly Daily w MFeraesurecynt S ample `L'o rrme cato' Maximum , x nque Flow 0.070 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00310 Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530) NH3 as N (00610) 16.0 mg/L 35.0 mg/L Weekly Composite Effluent (April 1— October 31 NH3 as N (00610) • 2/Month ' Composite Effluent. ' November 1 — March 31 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorinel 28 µg/L 2/Week Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (00600) Semi -Annually Composite Effluent NO2+NO3+TKN Total Phosphorus Semi -Annually Composite Effluent 00665 PH2 Weekly Grab Effluent 00400) Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µme-• . 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. I ivt'DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period -with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 712009 iNPDES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = 1. Version 712009 1.4eDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit), The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 712009 ivPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which th'e violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 ivi'DES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the. Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signat= Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1} For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to -make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 NPDES Permit Standard Conditions Page 6of18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 N PDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR-122.41 (m) (2)], Version 712009 N PDES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 N PDES Pertnit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. - 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous months) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form . (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures ' Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 712009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; 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; Version 712009 -r6?DES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant.change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan: 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action May incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)]. 5. Monitoring Re_ u Monitoring. results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the .data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 ,days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken. or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. Version 712009 �1VPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance _ by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, . North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SILO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 214.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis UT&A) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 712009 DES Permit Standard Conditions Page 17 of 18 Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 211.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (0 (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(�(2)(v)]. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3(a), Tables IC, ID, and IF, as amended. 8. IU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 _CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(f)(5)] 10. Pretreatment Annual Reports (PART The Pennittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 214.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 712009 'DES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Industrial Users (IUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program SummaW (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules,. public notice of IUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35)..0908(h)(5) and .0905 and 40 CFR 403.8(O 21(vii)� 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 712009 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 13, 2010 TOM KILPATRICK MANAGER AND ORC TOM KILPATRICK AND ASSOCIATES PO BOX 679 ETOWAH NC 28729 Dee Freeman Secretary 0 V E—� MAY 1 4 2010 D WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Receipt of permit renewal application NPDES Permit NCO067288 Hunter's Glen WWTP Henderson County Dear Mr_ Kilpatrick: The NPDES Unit received your permit renewal application on May 13, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal.- You should expect to receive a draft permit approximately 30-45 days before.your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Karen Rust at (919) 807-6400. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES -Ai nlle7Rfeegi ,l&,ffre Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1sTOne, L, 1 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 iv 01 t1 Carolina Internet: www.ncwaterquality.org ��`� An Equal Opportunity 1, Affirmative Action Employer i� rd TamlUipa ick & Associates PO.Box.679 Etowah, = 28729 820..90=.4810 May 7, 201:0 Mrs. Dina.Sprinkle NCDENR/DWQ/Point Source Branch 1617 Mail Services Center Raleigh, NC 27699-1617 Re: NPDES Permit.Renewal Application NPDES Permit # NCO067288 Hunter's Glen Subdivision Henderson County Dear Mrs. Sprinkle: Please consider this a request for renewal of the subject NPDES permit. A completed Short Form D (the original and two copies) is enclosed. There have been no changes made to the facility since the last renewal. Sludge generated at the WWTP is pumped and hauled by a commercial hauler (Goldie and Associates) to a Class IV facility (the City of Hendersonville WWTP) in Henderson County for additional treatment and final disposal. If you have any questions or need additional information, please feel free to call meat 828=890- 4810. Sincerely, Tom Kilpatrick .." Manager & ORCf t s cc: Carol Rogers, Veolia Water North America Operating Service _- -- ; ,Ty S�cT�oN NPDES APr LACATION FOR PERMIT RENEW -.riL - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-16.17 NPDES Permit C0067288 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address VEOLIA WATER NORTH AMERICA HUNTER'S GLEN SUBDMSION WWTP P. O. BOX 679 ETOWAH NC 28729 (828)890-4810 (828)890-4810 twkk@morrisbb.net 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road US HIGHWAY 64 W. City HORSE SHOE State / Zip Code NC 28742 County HENDERSON mm 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name TOM KILPATRICK & ASSOCIATES Mailing Address P.O. BOX 679 City ETOWAH l r� __ ?• State / Zip Code NC 28729 - i Telephone Number (828)890-4810 MAY 1 4 2010 ' Fax Number (828)890-4810 WATER QUALITY SECTION ASHEVILLE REGIONAL C !CE 1 of 4 Form-D 1/06 NPDES AP_-.ICATION FOR PERMIT RENEI,..L - FORM D For privately owned treatment systems treating 100% .domestic wastewaters <0.1 MGD 4. Description, of wastewater: Facility Generating wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ® Number of Employees Residential z Number of Homes 49 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 100% domestic sources Population served: 100 + - 5. Type of collection system Z Separate (sanitary sewer only) ❑ Combined - (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a- diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): SHAW CREEK IN FRENCH BROAD RIVER BASIN S. Frequency of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Existing Treatment System: 1. Duplex Influent lift station; 2. Bar Screen; 3. Aeration Basin; 4. Rectangular Clarifier; 5. Tablet Feed Chlorinator, Chlorine Contact Chamber; 6. Tablet Feed De -Chlorinator; 7. Effluent Flow Meter; S. Sludge Holding Basin. 2 of 4 Form-D 1/06 1 NPDES AP'. ---CATION FOR PERMIT RENEW nL - FORM D For, privately owned treatment systems treating: 100%:domestic wastewaters <Q.1. MGD 10. Flow Information: Treatment Plant Design flow 0.035 MGD Annual -Average daily flow 0.007 MGD (for the previous 3 years) Maximum daily flow 0.014 MGD (for the previous 3 years) 11. Is this, facility located on Indian country? ❑ Yes ® No 12. Effluent Data Provide data for the parameters listed. Fecal Colifon , Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BOD5) 5.3 4.5 mg/l 5 Fecal Coliform 1 1 col. / 100m1 5 Total Suspended Solids 13 5.8 mg/l 5 Temperature (Summer) 24 24 C 4 Temperature (Winter) 9 8 C 4 pH 7.2 7.0 S.U. 5 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) Ocean Dumping (MPRSA) NCO067288 Dredge or fill (Section 404 or CWA) 14. APPLICANT CERTIFICATION Special Order of Consent (SOC) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate., TOM KILPATRICK Manager and ORC Printed name of Person Signing Title 3 of 4 Form-D 1/06 NPDES AP [CATION FOR PERMIT RENEAi ki, - FORM D For privately owned treatment systems treating 100% domestic wastewaters <0.1 MGD Signature of Applicant to North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly, makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 1/06 J Tome Mipatrick & Associates P.O Box 679 .. Etowah, NC28729 82"90- SIO May 7, 2010 Sludge Management Plan For Hunter's Glen Subdivision WWTP Sludge generated at the Hunter's Glen WWTP is pumped and hauled by a commercial hauler (Goldie and Associates) to a Class IV facility (the City of Hendersonville WWTP) in -Henderson County for additional treatment and final disposal. Tom Kilpatfi-ck Manager & ORC W AT ��QG c r _ Z:- I Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 14, 2005 Mr. Tom Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah, North Carolina 28729 Dear Mr. Kilpatrick: Alan W. Klimek, P. E. Director -----Division;of Water Quality 11' NOV 17 200'., VVA._r_R _ e -I v :N v Subject: Issuance of NPDES Permit NCO067288 Hunter's Glen Subdivision WWTP Henderson County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on September 14, 2005. 'The name on the permit has been changed from Culligan Operating Services, Inc. to Veolia Water North America Operating Services to reflect the correct name of the owner. This permit includes a TRC limit that will take effect on June L. 2007. If you wish to install dechlorination equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of dechlorination projects may be viewed online at http://www.nccgl.net/news/ATCoverview.html. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form'of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Karen Rust at telephone number (919) 733-5083, extension 361. Sincerely, F / ` / 4f• Alan W. Klimek cc: Central Files r sheui]le�'Regional Office/Sur of ce Water Protection Section NPDES Files Nose Carolina Ntum!!y N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet: http://h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Permit NCO067288 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELEMNATION 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, Veolia Water North America Operating Services is hereby authorized to discharge wastewater from a facility located at the Hunter's Glen Subdivision U.S. Highway 64 Horse Shoe Henderson County to receiving waters designated as Shaw Creek in the French Broad River Basin in accordance with effluent 'limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2005. This permit and authorization to discharge shall expire at midnight on November 30, 2010. Signed this day November 14, ' 2005.. 1A -Z r'. Alan W. Klimek, P. E., D' ector Division of Water Quality By Authority of the Environmental Management'Commission 'Permit NCO067288 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive'authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein: . Veolia Water North America Operating Services is hereby authorized to: 1. Continue to operate an existing 0.035 MGD extended "aeration wastewater treatment system with the following .components: ♦ Aeration basin ♦ Clarifier ♦ Sludge holding basin ♦ . Tablet chlorination ♦ Chlorine contact chamber ♦ Effluent flow metering The facility is located at the Hunter's Glen Subdivision WWTP on U.S. Highway 64 near Horse Shoe in Henderson County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct additional facilities to increase plant: capacity to 0.070. MGD, and 3. Discharge from said treatment works at the location specified on the attached map into Shaw Creek, classified C waters in the French Broad River Basin. ° 8� PA c d • raHerp rk �.- f -^moo � _ %;- % . _ _ ■ r- �- �' r • ` Discharge Location • / J " = Ja n ri �= • c all '•` v �QRV f �'f..`.f •' • ° .+-►r • •saw. ��-dre'Ch. +.chi f •{ 40 �?OV ~ 5 a o . *' _ _ a , . �• U` ,• ! + • • / . Facility Information Facility Latitude: 35020'31" Sub -Basin: 04-03-02 Location Longitude: 82032'59" OuadName: Horse Shoe Stream Class: C Veolia Water North Amercia Operating Services Receiving Stream: Shaw Creek Hunter's Glen Subdivision / NCO067288 N1 � O / th / Henderson County Permit NCO067288 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expansion above 0.035 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: " f..:..EN. TJk EFFLU= <5M }�'k" LIMITS ti� I MONITORING REn'QUIREMENTS x xsr e ,�'."' z a 1)rt r $ '' a'` ; :• x .'Y' F xa3jk ,'. s� l ��.z� i '{-t Pa 3',. "r .r^ f..a 5',ua:u $.�tl ' y CHARACTERISTICS����,s�� r �� �� ��a��u� ,�� �..�z� � ,,� � •-��� ��� W�, (ParameterCodesj ��, ��� � Mo hly Y y E st , Flow 0.035 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00310) Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530 NH3 as N 16.0 mg/L 35.0 mg/L Weekly Composite Effluent (April 1 — October 31) 00610 NH3 as N 2/Month Composite Effluent (November 1— March 31) 00610) Fecal Coliform (geometric mean) 200/100 ml .400/100 ml Weekly Grab Effluent 31616) Total Residual Chlorine 28 µg/L 2/Week Grab Effluent 50060 Temperature (2C) Weekly Grab Effluent 00010 Total Nitrogen Semi- Composite Effluent (NO2+NO3+TKN) Annually 00600) Total Phosphorus Semi- Composite Effluent 00665) Annually pH' Weekly' Grab Effluent 00400 Footnotes: 1. The limit for total residual chlorine will take effect June 1, 2007, only if chlorine is used. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO067288 A. (26) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS — FINAL During the period beginning upon expansion above 0.035 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT F LIMITS' J r r 7'�'�-Ls. ors MONITORING REQUIREMENTS" sR "n '^a}'5 ..• Y.2 .+F.;« . ., E;fiM;2...• CHARACTERISTICS ���-�-� � h rc f ig:" ??T l ,fin L 4 -&': } :-. ,y„k�' S e�'Syx GS {. `"' 'i {P `+JyS �� � � �t.� � �: �' li . J{?' i• ^ x, 3.'.:.M, , 4>Fx k }.'a'ii Zi E� 1w,i 6 't�i-1"i" �k- S+f•^3 ick � � � e � ��� � �� ��.� � �k "A `-� `�r Parameter Godes) Weekl` ;" { Dail x^ Monthly y Y xMe_ asurement �Samle tx pe ; SampleLocafion P Y PS � �&- '� 'F` 'ti .? � W } _ �`{' {� .zera rjf� _ 13',S t � � ? Fr .L., "'c:� �Is� fl � 'i.-i �� fit'- ..r �'� � �A r�lx t��•,,,�. Z K ,L 'S ..5. l�fr: Fre uenc Flow 0.070 MGD Continuous Recording Influent or Effluent 50050 . BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00310 Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent 00530) NH3 as N 16.0 mg/L 35.0 mg/L Weekly Composite Effluent (April 1— October 31) 00610 NH3 as N 2/Month Composite Effluent (November 1— March 31) 00610) Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorine 28 µg/L 2/Week Grab Effluent (50060 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen Semi- Composite Effluent (NO2+NO3+TKN) Annually (00600 Total Phosphorus Semi- Composite Effluent 00665 Annually pH1 Weekly Grab Effluent 00400 Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts 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 February 23, 2001 Mr. Christopher Chisholm Mr. Kent Richardson Culligan Operating Services, Inc. 14950 Heathrow Forest Parkway Suite 200 Houston, Texas 77032 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification — Name/Ownership Change Permit NCO067288 / Hunter's Glen Subdivision WWTP Culligan Operating Services, Inc. (Formerly Blue Mountain Utilities, Inc.) Henderson County Dear Mr. Chisholm: In accordance with your request received February 16, 2001, the Division is forwarding the subject permit modification. This modification documents the change in name at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and .the Memorandum of Agreement between. North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you.have the right to an adjudicatory.hearing upon written request within thirty,(30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. Sincerely, ie�rr. Stevens cc: Central Files d MAR 2 2001 ATshevilleyR-egional-Offi, ce;: Water-QuaIit�Sect -0 NPDES Unit --"� Point Source Compliance Enforcement Unit _ . _ _ _ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733.5083, extension 520 (fax) 919 733-0719 VISI US ON THE INTERNET @ http://h2o.enr.state.nc.us/ Valery.Stephens@ncmail.net Permit Number NCO067288 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Culligan Operating Services, Inc. is hereby authorized to discharge wastewater from a facility located at 'Hunter's Glen Subdivision WWTP U.S. Hwy 64 Horse Shoe Henderson County to receiving waters designated as Shaw Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 23, 2001. This permit and authorization to discharge shall expire at midnight on November 30, 2005. Signed this day February 23, 2001. kjL Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number NCO067288 SUPPLEMENT TO PERMIT COVER SHEET Culligan Operating Services, Inc., is hereby authorized to: 1. Continue to operate an existing 0.035 MGD Extended aeration wastewater treatment system. The facility is located at Culligan Operating Services, Inc., US HWY 64, Horse Shoe, in Henderson County. 2. Discharge from said treatment works at the location specified on the attached map into Shaw Creek, classified C waters in the French Broad River Basin. /-I Shur r r.v. Water Quality Section 4 •� �• APR 3 0 1087 State of North Carolina Asheville Regi;,-nal Office she",lille, North Carolina Department of Natural Resources and Community Deve opment Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary Director April 23, 1987 Mr. D. 0. Thompson, Jr., President The D. 0. Thompson Company 1830 Asheville Highway Hendersonville, NC 28739 SUBJECT: Permit No. NCO067288 Authorization to Construct Horse Shoe Sewer Company Hunters Glen Subdivision Wastewater Treatment Facilities Henderson County Dear Mr.. Thompson: A letter of request for Authorization to Construct was received October 3, 1986, by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a 0.035 MGD wastewater treatment facility consisting of a 36 GPM influent pump station with dual grinder pumps and high-water alarm, a 35,000 gallon capacity aeration tank with dual 1.40 CFM blowers, a 5900 gallon capacity clarifier, a 26.18 gallon capacity sludge holding tank, a 2400 gallon capacity baffled chlorine contact: tank with hypochlo.ri.nator, a recording effluent flow meter, and associated valves, piping, fittings and appurtenances to serve Hunters Glen Subdivision. This Authorization to Construct is .issued in accordance with Part III paragraph C of the NPDES Permit No. NCO067288 issued April 23, 1987, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and'limi.tations specified in Permit No. NC0067288. The Permittee must employ a certified wastewater operator in accordance with Part III paragraph D of the referenced permit. The sludge generated from these treatment f-acfliti.es must be disposed of in accordance with G.S. 143-215.1 and in a manner npprovnble by the North Carolina Division of. Environmental Management. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer The Asheville Regional Office, Phone No. 704/253-3341, shall be notified at least twenty-four (24) hours in advance of start-up of the installed facilities so that an in -place inspection can be made of said system prior to operation. Such notification to the Regional Supervisor shall be made during the normal office hours from-8:00 a.m. until. 5:00 p.m. on Monday through Fr.i.dny, excluding State Ilolidays. In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent: limits, the Per.mittee shall take such immediate corrective action as may be required by this Division, including the constinuction of additional wastewater treatment and disposal facilities. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Robert Teu.lings, telephone number. 91.9/733-5083, ext. 177. Sincerely yours, ^R. Paul Wilms cc: Henderson County Health Department AWUI ed e egional Supervisor Dennis Ramsey William G. Lapsley & Associates jk NPDES WASTE LOAD ALLOCATION PERMIT NO.: NCO067288 PERMITTEE NAME: Hydrologic, Inc. / Hunters Glen Subdivision Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 0.070 MGD Domestic (% of Flow): 100 % Industrial (% of Flow): Comments: STREAM INDEX: 6-50 RECEIVING STREAM: Shaw Creek Class: C Sub -Basin: 04-03-02 Reference USGS Quad: F8SE, Horse Shoe (please attach) County: Henderson Regional Office: Asheville Regional Office Previous Exp. Date: 10/31/91 Treatment Plant Class: II, Classification changes within three miles: Ca 5 mi. to Mud Creek, WS-III. Requested by: Prepared by: c /i Reviewed by: Jule Shanklin I ? S) WQ\j�- WQ V Date: 2/28/91 Date Date 13 S(w Modeler Date Rec. # Si.�A 3 ci t (n o5 / 2 \Drainage Area (mi ) -7. / Avg. Streamflow (cfs): 7Q0 (cfs) Winter7Q10 (cfs) .7•S-% 30Q2 (cfs)_ Toxicity Limits: IWC % Acute/Chronic Instream Monitoring: Parameters Upstream _ Downstream Location Location 15- 5— Effluent Characteristics Summer Winter BOD5 (mg/1) 30 36 NH3-N (mg/1) VUon;4r✓ D.O. (mg/1) -- — TSS (mg/1) 3 D 3d F. Col. (/100 ml) 0? 6 D a 0 D pH (SU) 6-1 . 6 9 7ECEiVE; at.-r Quality Secti Comments: APR - 8 1 o � i .Asheville Regional Offer .Asheville, {forth Camiea Request No. 6105 FACT SHEET FOR WASTELOAD ALLOCATIONS Facility Name :Hunters Glen Subdivision NPDES No. :NC0067288 Type of Waste :Domestic Facility Status :Existing Permit Status :Renewal Receiving Stream :Shaw Creek Stream Classification:C Subbasin :04-03-02 County :Henderson Regional Office :Asheville Requestor :Jule Shanklin Date of Request :2/28/91 Topo Quad :F8SE Wasteload Allocation Summary: NJAR 2 8 1991 Office Ashevii;2, North Carolina Stream Characteristics: USGS #estimate Date 1983 Drainage Area: 7.14 sq.mi. Summer 7Q10: 2.1 cfs Winter 7Q10: 2.57 cfs Average Flow: 15.5 cfs 30Q2: cfs 1 w c = 41 7. Facility meets existing limits. Facility may have choice between existing ammonia limits with toxicity testing or a summer limit of 16 mg/l (monitor in winter) for ammonia to protect against ammonia toxicity. Facility will receive a letter addressing chlorine toxicity. (approach taken, correspondence with region, EPA, etc.) REVIEWER COMMENTS: WASTELOAD SENT TO EPA?(Major) N_ (Y or N) (if yes, then attach schematic, toxics spreadsheet, copy of model, or if not modeled, then old assumptions that were made, and description of how fits into basinwide plan) Recommended by: Z4Date: 7 / Reviewed by Instream Assessm nt: D &.�A Date: 3 8 Regional S "p s r: ` Date: 3( Q 9 Permits & Engi eering: Date: r1� ..� �� 1991 RETURN TO TECHNICAL SERVICES BY: Request No. 6105 Existing Limits Wasteflow (MGD): BODS (mg/1) : NH3N (mg/1): DO (mg/1) : TSS (mg/1): Fecal Coliform (/100 ml): pH (SU) : Chlorine (mg/1): TP (mg/1) . TN (mg/1): Recommended Limits Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/1) : TSS (mg/1): Fecal Coliform (/100 ml): pH (SU) : Chlorine (mg/1): TP (mg/1): TN (mg/1) : Limits Chancres Due To: Instream Data Ammonia Toxicity Chlorine New facility information Flow information CONVENTIONAL PARAMETERS Monthly Average Summer/Winter .07 30 30 1000 6-9 monitor monitor Daily Maximum Monthly Average Summer/Winter .07 30 y 16/monitor OR monitor only + tox. test cCh��o;c/ce�:od�j�n�a �Q��r�y J 30 200 6-9 monitor monitor INSTREAM MONITORING REQUIRMENTS: Upstream: no Location: Donwstream: no Location: Parameter(s) Affected NH3-N 'TO: PERMITS AND ENGI RING iJNIT WATER QUALITY SE,-.jiON DATE: March 6, 1991 NPDES STAFF REPORT AND RECOMMENDATION COUNTY Henderson PERMIT NUMBER MC006728827';66 PART I - GENERAL INFORMATION 1. Facility and Address HydroLogic, Inc. Hunters Glenn Subdivision P.O. Box 18029 Asheville, N.C. 28814-0029 2. Date of Investigation: 7-25-90 3. Report Prepared By: Gary Tweed, P.E. 4. Persons Contract and Telephone Number: Tom Bar 704-254-5169 5. Directions to Site: The exist-ng facility is located off U.S. Highway 64 in Horse Shoe, in Henderson County. 6. Discharge Point(s), List for all discharge points: Latitude: 35-20-35 Longitude: 82--32 --50 7. Size (land available .for expansion and u.pgrading): Several acres 8. Topography (relationship to .flood plain included): Flat area in flood plain, but plant is elevated to protect from flooding. 9. Location of nearest dwelling: Greater than 100 feet. 10. Receiving stream or affected surface waters: Shaw Creek a. Classification: C b. River Basin and Subbasin No.: 040302 C. Describe receiving stream feaures and pertinent downstream uses: Rural Drainage. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100 % Domestic Industrial a. Volume of Wastewater: 0.035 MGD Facility is permitted for 0.07 MGD b. Types and quantities of industrial wastewater: N/A C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only): N/A in development _ approved should be required not needed 2. Production rates (industrial discharges only) in pounds per day: N/A 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: N/A 4. Type of treatment (specify whether proposed or existing): It is proposed to continue the operation of a 0.035 MGD extended aeration type wastewater treatment :system. 5. Sludge handling and disposal scheme: Excess sludge is removed by pump truck to the City of Hender,on.ville. 6. Treatment plant classification: (include rating sheet). Class I 7. SIC Codes(s): 4952 Wastewater Code(s): Primary 05 Secondary R PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant funds (municipals only)? N/A 2. Special monitoring requests: 3. Additional effluent limits requestst 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS Hydrologic, Inc. has requested renewal of NPDES Permit No. NC0067288 for the continued operation of wastewater treatment facility serving the Hunters Glenn Subdivision. The existing facility is a 0.035 MGD system. The NPDES Permit was issued for a 0.070 MGD system. Construction was done in phases with the first phase at 0.035 MGD. The permit should have two effluent pages for both the 0.035 MGD system and the future expansion to 0.070 MGD. Hydrologic obtained this :sewer utility franchise as result of a bankruptcy filled by the original utility developer. The sewer system in this development is a pressure sewer system with individual home pump tanks. These bump tank systems have proven to be very maintenance intensive and there have been numerous outages. HydroLogic does feel that they are responsible for the maintenance of the sewer system. A public hearing was held by the State Utilities Commission in efforts to resolve this issue among others. It is our opinion that when HydroLogic assume this franchise they also became responsible for the entire system including the sewer system. The renewed permit should require HydroLogic to file within 180 days following issuance of -the permit an executed agreement with the Hunters Glenn Subdivision on how maintenance is to be provide.- for the sewer system including individual home pump tanks. It is recommended that the above condition be including standard condition on abandonment of the system upon available public sewer. Signat e of R ortZrar r Water Quality Regional Supervisor A & D WaterService, Inc. P.O. Box 1407 Pisgah Forest, NC 28768. 828-884-9772 Fax 828-884-8632 8/20/17 NC Dept. Of Environmental Quality Div. Of Water Resources Water Quality Operations Sections ` 2090 U.S. Highway 70 Swannanoa NC 28668-8211 Subject: Non -Compliance July 2017 Hunter Glen Subdivision NCO067288 Dear Sir or Madam: Hunter Glen Subdivision NCO067288 was in Non -Compliance for monthly BOD violation for the month of July 2017. Hunter Glen Subdivision WWTP had a air leak on the air header in the aeration basin, which cause a low DO in the aeration basin, to correct the problem it was reported to A&D to be repaired. If you have any question or require additional information, please feel free to contact me at (828) 674- 2680. Sincere y, Vincent Edwards bivis � v REsoDces AU6 2 8 2011 Water Quality Regional Operations Asheville Rpni,,.,.., Cantwell, Janet From: Cantwell, Janet Sent: Monday, November 21, 201612:52. PM To: 'admaint@citcom.net' Subject: Hunter's Glen: NOV-2016-LV-0589 for June 2016 DMR Attachments: 11212016123910-DOC112116.pdf Hi Aubrey ---This NOV was returned unclaimed by the Post Office ---As you can see it was mailed to the correct address. Thanks ---Janet Janet Cantwell Environmental Specialist —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828-296-4500 Office 828-299-7043 Fax Email: janet.cantwell@ncdenr.gov 2090.US Highway 70 Swannanoa, NC 28778-8211 Nothing Compares--,-, .' E-mail correspondence to and from this address may be subject'to the North Carolina Public Records Law and may be disclosed to third parties. lc` 1 Cantwell, Janet From: Microsoft Outlook To: admaint@citcom.net Sent: Monday, November 21, 2016 12:52 PM Subject: Relayed: Hunter's Glen: NOV-2016-LV-0589 for June 2016 DMR Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: admaint(a)citcom.net (admaint(&citcom.net) Subject: Hunter's Glen: NOV-2016-LV-0589 for June 2016 DMR. Hunter's GteQr. NOV-2016 LV-0... 1 6 Certified Mail # 7014 0510 0000 4466 4149 Return Receipt Requested October 25, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0589 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/2/2016 45 68 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 6/9/2016 45 70 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. V State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance,/ or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this.Notice. . A review of your response will be considered along with. any information provided on the submitted. Discharge Monitoring Report(s). You will then be notified of any civil penalties that maybe assessed regarding :the' violations: If no response is received. in this Office within the 10-day period,. a civil penalty assessment may be prepared... Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed .24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically. by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon. Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ - Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67268\NOV=NOI-2016-LV-0589.rtf Certified Mail # 7014 0510 0000 4466 4149 Return Receipt Requested October 25, 2016 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0589 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 6/2/2016 45 68 Daily Maximum Exceeded Concentration (C0310) l 001 Effluent BOD, 5-Day (20 Deg. C) - . 6/9/2016 45 70 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the .terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business dam after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared.. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Please refer to the latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning_ registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). Your facility will be required to report your Discharge Monitoring Reports electronically. by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/wg/admin/bog/ipu/edmr. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, R G. Landon. Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67288\N0V-N0I-2016-LV-0589.rtf I; i L L! 1. iiGIGdI7(it! �k�u1�4�rta�`r�,ac�=t Dk Certified Mail # 7012 1010 0002 1965 6294 Return Receipt Requested June 13, 2016 Aubrey L Deaver A&D Water Service Inc 117 Kira Ln Hendersonville, NC 28739-1407 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-LV-0330 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): , Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 2/16/2016 45 54 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Please refer to the latest letter titled ""Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports DMRs). State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ 'zZCc- WQM evfl- -Regional-Of ice= En .orcement File NPDES Compliance/Enforcement Unit - Enforcement File Tom Kilpatrick/ ORC G:\WR\WQ\Henderson\Wastewater;Minors\Hunter's Glen 67288\NOV-2016-LV-0030.rtf WA ;'A' - A 7o_ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary May 6, 2013 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 SUBJECT: Compliance Evaluation Inspection Hunter's Glen WWTP Permit No: NCO067288 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on April 12, 2013. The facility was found to be in compliance with permit NC0067288. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension4662. Enclosure cc: Babbette McKemie, NCUC Public Staff Central Files � s Sincerely, I Wanda P. Frazier Environmental Specialist S:\SWP\Henderson\Wastewater\Minors\Hunter's Glen 67288\CE1.4-12-13.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorkhCa> olina Phone: (828) 296-45001FAX: 828 299-7043-�y�,¢���.®p� Internet: www.nGwaterguality.org ; ya /L 6L United States Environmental Protection Agency Form Approved, EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Comphanep InspPrAion Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NCO067288 111 121 13/04/12 ( 17 181 C I 19I S I 201 I Remarks 2111111111111111111111 III 1111111111111111111111 Li6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA--------- -- --- Reserved---- --- ----- - 67 I 1.0 169 70131 711 I 721 N I 73 L _j 74 751 I I I I I I 180 Section B: Facility Data. Name and Location of Facility Inspected (For Industrial. Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:20 AM 13/04/12 10/12/01 Hunter's Glen WWTP Exit Time/Date Permit Expiration Date US Hwy 64 Etowah NC 28729 10:50 AM 13/04/12 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ r". 0 Signature of ManagementQ AARReviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 r. NPDES yr/mo/day Inspection Type (cont.) 1 NCO067288 I11 12I 13/04/12 17 18I C� Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Collection System: WQCSD0285 About 52 homes and 7 commercial establishments are served by a private sewer system. Approximately 10,800 feet of pressure sewer force main system consisting of 2-inch, 3-inch and 4-inch diameter pvc, with individual home pump tanks; 1000 feet of 8-inch diameter gravity lines with standard pre -cast manholes; and one main pump station at the WWTP. The individual pump tanks are maintained by the utility company. Wastewater Treatment Plant: 0.035 MGD (0.070 after A to C) extended aeration WWTP with: 36 gpd duplex influent lift station with grinder pumps and dual high water alarms; manual bar screen; 35,000 gallon aeration basin with dual 140 cfm blowers providing diffused air; 5900 gallon rectangular clarifier with skimmer and sludge returns; 2618 gallon aerobic digestor; tablet chlorinator; 2400 gallon baffled chlorine contact chamber; tablet dechlorinator; Isco 4210 ultrasonic flow meter; and Isco 3710 FR refrigerated composite sampler Authorization to Construct (A to C): Issued 4-23-1987 Annual Average Flow: 0.005 MGD Development: Consists of 52 residential homes and 7 commercial establishments: 4 restaurants, convenience store and 2 commercial offices.. Sludge Management: By commercial hauler to the City of Hendersonville. WWTP location: 314 Hunters Glen Lane, Etowah 28739 Contacts: Responsible official: Tom Kilpatrick Responsible " 's titfe: Manager and ORC Mailing address: PO Box 679; Etowah, NC 28729 Phone numbers: 828-890-4810 Tom Kilpatrick & Associates 828-89.0-4810 " — fax (email: twkk@morrisbb.net) 828-243-1784 " — cell Page # Permit: NCO067288 Owner - Facility: Hunter's Glen WWTP Inspection Date: 04/12/2013 Inspection Type: Compliance Evaluation Operator information: Certified ORC & grade: Tom Kilpatrick — Grade 1V WWI Back-up ORC & grade: Vincent Edwards — Grade IV WW Recent Improvements and Events: The NC Utilities Commission, Public Staff, held a hearing for May 1, 2013 and notified customers regarding a request to transfer this system from Culligan Operating Services, Inc. to A&D Water Service, Inc. and WASCO, LLC c/o Veolia Water North America. A (104%) rate increase from $41.75 to $85.00 per month is proposed for residential customers. Commercial customers will see a rate increase, as well, if approved by the Commission. Babbette McKemie (919-733-0889) is the NCUC Public Staff contact. Email: Babbette.mckemie@psncuc.nc.gov) 4326 Mail Service Center; Raleigh, NC 27699-4326 Babbette McKemie visited the site in April 2013 after the following improvements were made. The WWTP and related equipment was sand -blasted and repainted. The blowers were relocated above flood stage levels. New blower housings and a control panel were,installed. The safety grating was replaced / repaired and re -painted: New coarse bubble diffusers and headers were installed. Electrical code violations (GFCI) were corrected. New stairs and decking were installed, which eliminated the WWTP tie -down trip hazard at the base of the plant. A new ISCO (Model 3710 FR) refrigerated, flow proportional effluent sampler and platform were installed. A new entrance road gate was installed. The entrance road was repaired and re -graveled. A new storage building was installed. The main line collection system valves and air relief valves were located and marked. Page # 3 Permit: NCO067288 Inspection Date: 04/12/2013 Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation The tie-in valves for individual home pumps were located and marked. The effluent outfall line right-of-way was cleared of trees and brush. Trees in close proximity to the WWTP were cut and removed. DWQ approves of these improvements. Operations and Maintenance / Effluent / Summary The flow meter was last calibrated on 7-16-12. Mr. Tom Kiltaprick, ORC contractor, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. System Performance Annual Report (SPAR) The 2011 System Performance Annual Report was received by the Division on February 23, 2012. Due to recent changes in the statutes, this facility will no longer be required to submit the SPAR. Page # 4 Permit: NCO067288 Inspection Date: 04/12/2013 Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation (if the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Operations & Maintenance Yes No NA NE Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® Cl n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ® n Cl n Judge, and other that are applicable? Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? N n n n Is the wet well free of excessive grease? NJ n n n Are all pumps present? ®n n n Are all pumps operable? ® n n n Are float controls operable? n Cl n Is SCADA telemetry available and operational? n n ® Cl Is audible and visual alarm available and operational? n n Cl Comment: Rar Sr-rPPnc Yes No NA NE Type of bar screen a.Manual b.Mechanical fl Are the bars adequately screening debris? ® n n n Is the screen free of excessive debris? n n n Is disposal of screening in compliance? ® n n n Is the unit in good condition? Cl n n Comment: Aeration Basins Yes No NA NE Page # 5 Permit: NCO067288 Inspection Date: 04/12/2013 Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately''/< of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Yes No NA NE Yes No NA NE Nnnn nn®n ®nnn nnn ®nnn n n n ®nnn nn®n ®nnn ®nnn Ionnn Yes No NA NE ®nnn ®nnn Page # 6 ��► I4W) Permit: NCO067288 Owner - Facility: Hunter's Glen WWTP Inspection Date: 04/12/2013 Inspection Type: Compliance Evaluation Disinfection -Tablet Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE ®nnn Yes No NA NE BEnnn MMnnn 2 Page # 7 Project Improvements, Maintenance and Repairs DONE f" 8 .HJi7EfS.BiJ�!fC'C FiiER.7)1JNTY::_S)K#1�7R STEM WWTP and equipment needs painting; Y Relocate blowers above flood stage with new housings & control panel; Y Safety grating needs replacement/repaired/painted as needed; Y Diffusers & headers need to be replaced; Y Repair misc. electrical code violations; Y Eliminate a trip hazard at base of plant (unit tie downs). Y New flow meter & platform for sampler; Y Entrance road needs a new gate and the road needs repair and gravel; Y Install a storage building for chemical storage; Y Locate, uncover and mark main line valves and air relief valves; Y Cut trees & brush over effluent line to creek; check outfall and flapper, if installed; Y .: . MQL11�1TAlN VALL.EYSEBbiV151C�N H!`NbEf8ONC31 �N f' SE1fR SYSTt=M,:.: _:... . WWTP and equipment needs painting; Y Safety grating needs replacement/repaired/painted as needed; Y Diffusers & headers need to be replaced; Y Repair misc. electrical code violations; Y Unit needs a new refrigerated, flow proportional sampler; Y Entrance road needs final paving; Y Install a storage building for chemical storage, Y Locate, uncover and mark manholes; Y Cut trees & brush over effluent line to creek; Y lJF ALb IVi;ADC?V1S SIJBi31VES1C?t ACHE COUN7`l WATER SYSTEM .... . Well house needs siding, insulation, roofing, door, interior paint, lighting, Y The lead and copper corrosion control system (approved and ATC now in hand) needs to be installed; Y A check valve needs to be installed at the well head; Minor electrical repair; Y Water meters are required and are to be installed (approx. 61 required); Y The water tank needs external and internal inspection, sanded, painted and repaired as required. Y Fence repair Y Three valve boxes need replacement; Y The system needs mapping; Y BUF AL [UI AD�Vt(5 S 1f3t NISI A HE I NT EVttER SYSTEM WWTP SYSTEM -will require an engineering review; Y System flow scheme has been altered from original design parameters; WWTP possible needs - subject to engineering review; Unit needs a flow meter; Y Diffusers need to be replaced; headers to be rebuilt; Y Chlorine and dechlor systems need improvements; Y Repair existing fence as needed; install eight (8) foot drive thru gate to allow service truck access; Y Install a storage building for chemical & parts storage; Y COLLECTION SYSTEM Locate all manholes; some are paved over; raise manholes as needed; Y Jet Vac cleaning; Y TV the system; Y Make repairs as needed; Y Map the system as required by NCDENR regs; Y ...<: SK`fVIEW RM K $ Bt31W[StO{ A TaN COUNTY V�IATER S'STE I[ Y Connect to City water - become a 'Purchase' system Y Install new lines and meters inside the subdivision Y Abandon the well(s) Y F4k14.�N aE�t3IV[llf..,. BNGOM�UN CYIV,T2Y571 .....:._ .......:... Y Connect to City water - become a'Purchase' system Y Install new meters Y Abandon the well ROt LING ACRES SUE IJIV Std( BLJ JCOMBE G4€J TI' UATEFt S`�`a .... Y Connect to City water - become a 'Purchase' system Y Install new lines and meters inside the subdivision Y Abandon the well(s) VMS STATE OF NORTH CAROLINA FEB 2 0 2018 UTILITIES COMMISSION, RALEIGH DOCKET NO. W-1049, SUB 16 DOCKET NO. W-1081, SUB 2 BEFORE THE NORTH CAROLI,NA UTILITIES COMMISSION In the Matter of Application.by A&D Water Service, Inc., Post Office ) ORDER Box 1407, Pisgah Forest, North Carolina 28768, and ) SCHEDULING WASCO, LLC, c/o Veolia Water North America — South, ) HEARING AND 14055 Riveredge Drive,.Suite 240, Tampa,.Florida ) REQUIRING . 33637, for Authority to Transfer the Former Culligan ) CUSTOMER Operating Services, Inc., Water. and Sewer Systems and ) NOTICE Franchises in North Carolina, and for Approval of Rates ) BY .THE COMMISSION: On July 18, 2012, A&D Water Service, Inc. (A&D), and WASCO, LLC (WASCO), (collectively, the Applicants) filed an application with the Commission, seeking authority to transfer. from. WASCO to A&D the systems and franchises to provide water and sewer utility service in Buffalo Meadows Subdivision in Ashe County, water utility service in Kirk Glen Subdivision -and Rolling Acres Subdivision in Buncombe County, water utility service in ;Skyview Park Subdivision in Gaston ME County,.. and sewers utility service in �unte� e�VS �� and��Mountain Valaey' Subdivision ins Henderson County, which were a114` of rmerly operated by Culligan Operating Services, Inc(Culligan) Concurrent with approval of the transfer; A&D seeks authority to increase rates. WASCO currently serves. approximately 317 customers in these systems. WASCO, an affiliate of Veolia Water North America —.South and Culligan, was conveyed all the systems in 2008 without Commission approval. According to the cover letter .filed with the application, WASCO has committed to make substantial improvements. to each system in contemplation of transferring all the systems to A&D. The present rates Were approved by the Commission for HydroLogic, Inc. (Hydrologic), prior to Culligan's July 1997 acquisition of the systems from HydroLogic in Docket No. W-1081, Sub 0. Based' upon the foregoing, the Commission is of the opinion that the .matter should be scheduled for hearing and customers notified. 3 t ��R IT fS; TI EREFORE, ORDERED as follows: ;�hkti pplication is scheduled for an evidentiary hearing.as follows: only: Rajeig`i At 10:00 a.m. on Thursday, May 30, 2013, in Commission Hearing Room 2115, Dobbs Building,-430 N. Salisbury Street 2. That the following hearings are scheduled for public witness testimony Gastonia: At 7:00 p.m. on Tuesday, April 30, 2013,.in Gaston County Courthouse, Courtroom 4D, 325 N. Marietta Street Hendersonville: At 7:00 p.m. on Wednesday, May 1, 2013, in Henderson County Courthouse, Courtroom #2, 200 N. Grove.Street Jefferson: At 7:00 p.m. on Tuesday, May 7, 2013, in Ashe County Courthouse, 150 Government Circle 3. That the hearings scheduled for April 30, May 1, and May 7, 2013, shall be for the purpose of receiving public witness testimony only. The.hearing scheduled for May 30, 2013, shall be for the purpose of receiving expert testimony of the Applicants, the Public Staff, and any other parties of record. Customers or other public witnesses who are unable to attend the April 30, May 1, and May 7, 2013, hearings may also be heard at the May 30, 2013, hearing. The hearings may be canceled if no significant,, protests are received subsequent to public notice. 4. That an. officer or representative of the Applicants is required to appear in person before the Commission at the time and- place of the hearing -to testify concerning any. of the information contained in the application. If the Applicants desire to cross- examine any witnesses at the hearing, the Applicants shall be represented by legal counsel at this hearing. 5. That the Applicants are required to file a customer response report addressing -all customer service and/or service quality complaints expressed at the hearings. held on April 30, May 1, May 7,. and May 30, 2013, within 7.days after each customer hearing wherein the complaint(s) was/were expressed. 2 a - 6. That the Notice to Customers, attached as Appendix. A, shall be mailed with sufficient postage or hand delivered by the Applicants to all customers no later than 10 days after the date of this Order; and that the Applicants shall submit to the Commission the attached Certificate of Service, properly signed and notarized not later than 20 days after -the date of this Order. ISSUED BY ORDER OF THE COMMISSION. This the A day of Rbwcni 2013. NORTH CAROLINA UTILITIES COMMISSION rb021813.02 Gail L. Mount, Chief Clerk Commissioner William T. Culpepper, III, did not participate. 3 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH NOTICE TO CUSTOMERS DOCKET NO. W-1049, SUB 16 DOCKET NO. W-1081, SUB 2 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION Notice is given that on July 18, 2012, A&D Water Service, Inc. (A&D), Post Office' Box 1407, Pisgah Forest, North Carolina 28768, and WASCO, L" LC (WASCO), c/o', Veolia Water North America. — South, .14055 Riveredge Drive, Suite 240, Tampa, Florida 33637, filed an .application with the Commission, seeking authority to transfer from WASCO to A&D the systems and franchises to provide water and sewer utility service in Buffalo Meadows Subdivision in Ashe County, water utility service in Kirk Glen Subdivision. and Rolling Acres Subdivision in Buncombe County, water utility service in Skyview Park Subdivision in Gaston County, and sewer utility service in Hunter's Glen Subdivision and Mountain Valley Subdivision in Henderson County, which were all formerly operated by Culligan Operating Services, Inc. (Culligan). Concurrent with approval of the transfer, A&D seeks authority to increase rates. PRESENT RATES, PROPOSED RATES, AND EFFECT OF RATES System Present Proposed Buffalo Meadows —Water $13.80/mo. Base charge $15.50/mo. Ashe County flat rate Commodity $5.90/1,000 gallons Average Monthly Consumption— 4,200 gallons Average monthly bill proposed rates $. 40.28 Average monthly bill present rate = 13.80 Increase 1 $ 26.48 = 192% APPENDIX A PAGE 2 OF 6 System Present Proposed Buffalo Meadows — $24.16/mo. flat Base.charge Wastewater rate $28.75/mo. Ashe County Commodity - $8.35/1,000 gallons Average Monthly Consumption 4,200 gallons Average.nionthly bill proposed rates. $ 63.82- Average monthly bill present rate 24.16 Increase $ 39..66 = 164% Buffalo Meadows Water and Wastewater Combined proposed rates $104.10 Combined present rates = 37.96 Increase. $ 66.14 = 174% System Present Proposed Kirk Glen —Water only. Base charge Base charge Buncombe County $12.50/mo. $30.-00/mo. Water to be purchased from Commodity Commodity Weaverville $3.29/1,000 $17.70/1,000 gallons gallons Average Monthly Consumption = 4,410 gallons Average monthly bill proposed rates = $108.06 Average monthly bill -present rates = 27-.01 Increase $ 81.05 = 300% System Rolling Acres — Water only Buncombe County Water to' be purchased from Weaverville Present $20.00/mo. flat rate APPENDIX A PAGE 3OF6 Base charge $30.00/mo. Commodity $18.90/1,000 gallons Average Monthly Consumption = 3,990 gallons Average monthly bill proposed rates = $105.47 Average monthly bill present rate = 20.00 Increase $ 85.47 = 427% System Present Proposed Skyview Park — Water Base charge Base charge omy $9.97/mo. $18.50/mo. Gaston County Commodity Commodity $7.00/1,000 Water to be purchased $3.50/1,000 gallons from Gastonia gallons Average Monthly Consumption = 3,890 gallons Average monthly bill proposed rates Average monthly bill present rates Increase tffiati onl: H&-nder_sor-CounV,v Residential Commercial Present $41.75/mo. flat rate $7.94/1,000 gallons ($49.00/mo. . minimum) Increase $ 45.83 = 23.59 $ 22.24 = 94% Proposed $85.00/mo. flat rate Base Charge $41.75/mo. Commodity $15.20/1,000 gallons $ 43.25 = 104% System Mountain Valley Wastewater only Henderson County APPENDIXA PAGE 4OF6 Present Proposed $35.20/mo. flat $59.75/mo. flat rate rate Increase $ 24.55 = 70% The present rates were approved by the Commission for Hydrologic, Inc. (Hydrologic), prior to Culligan's July 1997 acquisition of the systems from HydroLogic in Docket No. W-1081, Sub 0. PROCEDURE FOR PUBLIC HEARING The Commission has scheduled the `application for an evidentiary hearing as follows: Raleigh, North Carolina: At 10:00 a.m.,. on Thursday, May 30, 2013, in Commission Hearing Room 2115, Dobbs Building, 430 N. Salisbury Street The following hearings are scheduled for public witness testimony only: Gastonia: At 7:00 p.m., on Tuesday, April 30, 2013, in Gaston County Courthouse, Courtroom 4D, 325 N. Marietta Street Hendersonville: At 7:00 p.m,, on Wednesday, May 1, 2013, in Henderson County Courthouse, Courtroom #2, 200 N. Grove Street. Jefferson: At 7:00 p.m., on Tuesday, May 7, 2013, tin, Ashe County Courthouse, 150 Government Circle The hearings scheduled for April 30, May 1, and May 7, 2013, shall be for the purpose of receiving public witness testimony only. The hearing scheduled for May 30, 2013, shall be for the purpose of receiving expert testimony of the Applicants, the Public Staff, and any other parties of record. Customers or other public witnesses who are unable to attend the April 30, May 1, and- May 7, 2013, hearings may also be heard at the May 30, 2013, hearing. The hearings may be canceled and the 'matter decided on the filinos if no significant protests are received within 30 days of the date of this notice. APPENDIXA PAGE 5OF6 Pursuant to G.S. 14-269.4, absent certain specific exceptions, it is unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes; in any building housing any court of the General Court of Justice. Therefore, weapons are strictly prohibited at the hearings scheduled in this docket in county courthouses. Everyone entering the county courthouses shall have to pass through a metal detector, and any weapons found will be seized. Correspondence concerning the proposed rate increase, service problems, or the public hearings should be directed to the Public Staff. The Public Staff is authorized by statute to represent consumers in proceedings before the Commission. Written statements/protests to the Public Staff should include the name of the subdivision, contact information; and any information that the writer wishes to be considered by the Public Staff in its investigation of the matter; and these statements should be addressed to Mr. Robert Gruber, Executive Director, Public Staff, 4326 Mail Service Center, Raleigh, North Carolina 27699-4326. Written statements/protests can also be faxed to (919) 715-6704 or e-mailed to babette.mckemie@psncuc.nc.gov. The.. Attorney General is also authorized by statute to represent consumers in proceedings before the Commission. Statements/protests to the Attorney General should be addressed to The Honorable Roy Cooper, Attorney General, 9001 Mail Service 'Center, Raleigh, North Carolina 27699-9001. Written statements are not evidence unless those persons submitting the statements appear at the. public hearing and testify concerning the information contained in their written statements. Persons desiring to intervene in the matter as formal parties of record should file a petition under North Carolina Utilities Commission Rules R1-5 and R1-19 no later than 10 days before the date of the hearing. These petitions should be filed with the North Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, North Carolina 27699-4325. APPENDIX A PAGE 6OF6 Details of the proposed new rates have been filed with the North Carolina Utilities Commission. A copy of the application and all filings in this matter are available for review by the public at the Office of the.Chief Clerk, 430 North Salisbury Street, Raleigh, North Carolina. Information regarding this proceeding can also be accessed from the Commission's website at www..ncuc.net under the docket number of this proceeding. This the _� day of 12013. NORTH CAROLINA UTILITIES COMMISSION Gail L. Mount, Chief Clerk J- 1 CERTIFICATE OF SERVICE I, mailed with sufficient postage or hand delivered to all affected customers the attached Notice to Customers issued by the North Carolina Utilities Commission in Docket No. W-1049, Sub 16, and the Notice was mailed or hand delivered by the date specified in the Order. This the 'day of , 2013. By: Signature Name of Utility Company The above named Applicant, , personally appeared before me this day and, being first duly sworn, says that the required Notice to Customers was mailed or hand delivered to all affected customers, as required by the Commission Order dated in Docket No. W-1049, Sub 16. Witness my hand and notarial seal, this.the day of , 2013 (SEAL) My Commission Expires: Notary Public Address Date /57A�'-_N_4 4TlX NORTH CAROLINA PUBLIC STAFF UTILITIES COMMISSION January 27, 2010 Kilpatrick Torsi .Kflipaftick and Associates P. 0. Box 679 N.C.28729 Re: Potential Transfer of Culligan Systems to A&D Water Service. Dear Tom: �M _��6 01 NO Tom, -sorry I have not respon.d.ed ea-dier, but I've been sidetracked with the Carolina Water rate case, the CWs Systems rate case filing, and the Aqua rate case filing. -My concern/objection was and remains giving A&D a check to pay for ; re-p-air.s-/.im.,...p.,rovements based on estimated costs. To do so will jeolaa.,rdi-ze the utility by having addiitional repairs/improvements arise after said money is Paid and the teller has left the scene. The method you propose in your e-mail and attached letter is agreeable to the Public Staff with the provisos that .(1), all repairs/improvements are identified by and agreed to by the appropriate D-ENR Regional office (As-hevitle, Mo .es -or ',vi le(2)�th a , Winston-Salem?) prior to the work, , . t DENR issues any 1I necessary plan approval letters/permits for the work, (31, that DENR approve all tr-u.ct.0 re- (wB. a - u.me these--albS 141,60 M-1 Ne in. tit-, �e#s-_@, -rid - other - i nf r a s included in the payments), and-,.(4)-that DENR inspect and "approve" the work when completed. The Public Staff assumes such work, while performed by your firm, will be for the CPCN holder for each system. If DENR signs off on the above, then the Public Staff will do what it can to assist in an orderly and efficient transfer of the Culligan systems i to A&D. All parties must understand that the Public Staff will be required to notify customers of the transfers, that hearings may be required depending on customer response, and that any increase in rates will, of necessity, require more time for review and recommendation. Executive Director Communications Economic Research L6gal Transportation 733-2435 733-2810 733-2902 733-6110 733-7766 Accounting Consumer Services Electric Natural Gas Water 733-4219 733-9277 733.22-A7 733-4326 733-5610 4326 Mail Service Center - Raleigh, North Carolina 27699-4326 * Fax (919) 733-9565 An Equal opportunity I Affirmation'Action Employer Kilpatrick Page 2 of 2 ity l need an As a side note, any systems.n OwnerExemptfrom Regulation to l Application to Transfer to a to be filed with the NCUC. The Public Staff will be recommending a bond be posted in the amount of between $70,000 and $100,000.Wrogo negotiate for that bond to be included in the amount o bepad by Culligan/Viola. An additional concern is how A&D will operate/oversee/manage the systems in the counties removed from its current systems in Henderson, Buncombe,. and Transylvania counties and again assume that will be settled at the time of the transfer application. While the NCUC does not regulate your firm, I do request that you keep me informed as the repair/improvement projects proceed. I will be glad to discuss any concerns with you at any time and trust you feel free to call me about them. Otherwise, Tom, Godspeed and good luck. Sincerely Kenneth E. Rudder, Director Public Staff -Water Division C: Mr: Bill Grantmyr e Mr. Bruce Vaughan Toin-Kilpatricl� ,: sst ciates . P.O. Box 679 Etowah, NC 28729 828-890-4810 February 13, 2012 .NOTICE Annual Performance Report ..Wastewater Treatment Systems OnJuly 20, 1999, the North�Carolina General'Asserribly ratified House, Bill 1160, the Clean Water, Act'.of 1999, which placed significant new reporting .requirements on those entities that own. or operate wastewater- treatment and; collection systems. Specif c items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan _ 3. Annual Performance Report These new requirements became effective October 1, 1.999: This law was: established to provide a mechanism- for public oversight- (andhopefully, to instill. public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are, pleased to announce that the Annual Performance Report for your wastewater treatment system is now available .for review. .A copy of the full• report is available. to interested persons by contacting the office..' Tom Kilpatrick & Associates is pleased to be a part of this on -going environmental protection effort. Annual Wastewater Treatment System Performance Report E E PD) MAR - 9 2012' k WA-rLH QUALITY 8ECTION %z f J.. t1ill..l_r,4 tjC VC1Ak F�Ir�... for unter's Glen Subdivision for the Operating Period January thru December, 2011 Preface. RECEIVE' FEB 2 3 2012 CENTRAL F1LEs UWQ/BOG On July 20, 1999, the North Carolina General Assembly ratified House'Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan I Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. GeneralInformation Facility/System Name: Hunter's Glen Subdivision Hwy 64 West, Horse Shoe Henderson County Responsible Entity: Veolia Water NA/ WASCO/Culligan Operating Services Person(s) in Charge/Contact: Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & System Administrator Applicable Permits: NPDES.# NCO067288 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .035 million gallons per day (MGD). The treated effluent is discharged to Shaw Creek, classified as a Class C stream in the French Broad River Basin. Collection System - The main collection system is a forced main system with approximately 10,800 feet of pipe in sizes of 2", 3" & 4" is diameter. Approximately 1,000 feet of gravity lines with 8-inch diameter pipe and standard pre -cast manholes is also installed.- The system is unusual in the fact that all homes have an individual pump system which is maintained by the utility company. There is one main lift station located at the WWTP. Facilities Served - This unit serves the residents of Hunters Glen Subdivision plus some commercial establishments on Hwy 64 W. II. WWTP Performance The WWTP was in compliance with all NPDES Permit Limits with the exception of one sample for fecal coliform. This situation was immediately corrected. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system. IV. Notification A notice advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of - Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4810. As required, three copies of this report is being provided to NCDENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 January 31, 2012 WDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 6, 2011 Thomas W Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah NC 287290679 Dear Mr. Kilpatrick: Copy Natural Resources= ' Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection Hunter's Glen WWTP Permit No: NCO067288 Henderson County Enclosed please find a copy of the Compliance Evaluation Inspection Report from the inspection conducted on March 11, 2011. The Compliance Evaluation Inspection was conducted by Don Price and me of the Asheville Regional Office. The inspection was performed in part due to the NC Public Staff Utilities Commission requesting Regional Office input on recommended repairs to the plant prior to transfer of the system to A&D Water Service. The facility was found to be in Compliance with permit NC00672&8. Please refer to the enclosed inspection report for additional observations and comments. If you should have any questions, please do not hesitate to contact me at 828-296-4500. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: NC Utilities Commission ..Central Files S:\SWP\Henderson\WastewaterNinors\Hunter's Glen 67288\3-11-110Elletter.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarollina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 a�atu1,Q[ /� Internet: www.ncwatergualitv.org �/ Y L United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance inspection Re port Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type. Inspector Fac Type 1 LI 2 5I 31 NC0067288 111 12I 11/0g'/ll 117 18I CI 19I .GI 20I J =! J Remarks 211111IIIIIIIIIIIIIIIIIIIIIIIIIIIIJill IIIIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -------------------Reserved--- ----------- --- 67I 169 70UI 711 I 72I NI 731 I 174 751 I I I I I I 180 L1J Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Hunter's Glen WWTP 10:25 AM 11/03/11 10/12/01 Exit Time/Date Permit Expiration Date US Hwy 64 Etowah NC 28729 11:00 AM 11/03/11 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Thomas W Kilpatrick, PO Box 679 Etowah NC 287290679//8287890-4810/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance NFacility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price ARO WQ//828-296-4500/ Keith Haynes ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ARO WQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3� NCO067288 I11 12I 11/03/11 117 18' _' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The Region agrees with the recommendations submitted by the owner to the NC Utilities Commission. Additionally there are some general safety concerns regarding trip hazards around the plant "tie -downs". Page # 2 Permit: NCO067288 Owner - Facility: Hunter's Glen WWTP Inspection Date: 03/11/2011 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ Cl ❑ Is the inspector granted access to all areas for inspection? ■ ❑ n n Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ ❑ ❑ ❑ Is the wet well free of excessive grease? ■ ❑ ❑ n Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ❑ ❑ ❑ ■ Are float controls operable? n ❑ n ■ Is SCADA telemetry available and operational? n n ■ ❑ Is audible and visual alarm available and operational?' ■ ❑ ❑ ❑ Comment: Auto dialer. Duplex Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Ext. Air Diffused Page # 3 Permit: NCO067288 Owner - Facility: Hunter's Glen VV TP Inspection Date: 03/11/2011 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Blowers on 30 minutes off 15 minutes Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n ❑ n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ®❑ n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n ❑ ■ n Is the return rate acceptable (low turbulence)? ® n Is the overflow clear of excessive solids/pin floc? n ® n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) n n n Comment: The effluent was turbid due to recent rains which had caused some I&I problems. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ 1:1 00 Are the tablets the proper size and type? ■ n 110 Number of tubes in use? 2 Is the level of chlorine residual acceptable? n n n Is the contact chamber free of growth, or sludge buildup? ■ n .1113 Is there chlorine residual prior to de -chlorination? ® n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n 0 00 Is storage appropriate for cylinders? 00 ■ n # Is de -chlorination substance stored away from chlorine containers? 00 ❑ n Are the tablets the proper size and type? ■ n ❑ Comment: Only one tube is currently needed. Page # 4 e 1 , Permit: NCO067288 Inspection Date: 03/11/2011 Are tablet de -chlorinators operational? Number of tubes in use? Comment: One tube for dechlor seems to be sufficient Flow Measurement - Effluent Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Right-of-way to the end of the effluent pipe should be properly maintained. The effluent composite sampler was not operable, but was scheduled for repair. ■000 1 Page # 5 FPS C, PROPOSED MAINTENANCE, REPAIR & IMPROVEMENT ITEMS HUNTER'S GLEN SUBDIVISION — NPDES #NC67288 WASTEWATER SYSTEM — including WWTP, collection system and associated grounds: GENERAL CONDITIONS The WWTP is a 0.035 MGD extended aeration system package plant. The unit was a used unit when installed. The unit produces an excellent effluent quality. The collection system is a small diameter PVC force main system. The mains have had few problems with the exception of snow plows hitting valve boxes. Each home (except for 4 or 5 on the low end) has an individual grinder pump serving the house. These pump systems are the responsibility of the utility company. Recommendations: 1. WWTP and equipment needs painting; 2. Unit needs a new refrigerated, flow proportion al'sampier; J 3. Safety grating needs replacement/repaired/painted as needed; 4. Diffusers need to be replaced (fine bubble type is recommended); 5. Repair misc. electrical code violations; v 6. Relocate blowers above flood stage;/ 7. New blower housings; V 8. Replace wooden support structure for controls with steel frame; v 9. Entrance road needs a new gate and the road needs repair and gravel; 10. Install a metal type storage building & slab for chemical storage; 11. Add security lighting; 12. Locate, uncover and mark valve tie points for the individual home pumps; ✓' 13. Locate, uncover and mark main line valves and air relief valves; 14. Trees in close proximity need removal; _ S,�✓ 15. Cut brush over effluent line to creek; check outfall and flapper, if installed; 16. Other process repairs? �Lv,�`�s lwc�� l 00, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director February 9, 2012 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 Subject: NOTICE OF VIOLATION NOV-2012-LV-0107 I' Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Mr. Kilpatrick: Dee Freeman Secretary A review of Hunter's Glen WWTP's monitoring report for September 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 09/08/2011 400 #/100ml 600 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR, provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcerrient'action for this and any additional violations of State law. .If you should have any questions, please do. nothesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: 0WQ "As hevii'le "i es DWQ Central Files S:tSWP\Henderson\Wastewater\Minors\Hunter's Glen 672881NOV-2012-LV-0107.doc � ne it Carolina 1Natumliff North Carolina Division of Water Quality 2090 U.S. Highway 70 . Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwateraualitv.om FAX (828)299-7043 06) 6Wk Annual Wastewater Treatment System Performance Report for Hunter's Glen Subdivision for the Operating Period January thru December, 2010 4.•. �tti.....:.,�.ai„�. i Yiw'jft xL:+. ,:i.'. a .52."x�+.+.r5 "�ii!t� .,g IR11; FEB - 8 2011 ` Preface _ WATER QUALITY SECT ASHEVILLE RECiONAL O On July 20, 1999, the North Carolina General Assembly ratified House 13jjQ j,6Q,. the.,Clean,Water. Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. FEB 0 3 2011 I. General Information Facility/System Name: Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: Hunter's Glen Subdivision Hwy 64 West, Horse Shoe Henderson County Veolia Water North America/Culligan Operating Services Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & System Administrator NPDES # NC0067288 Description of Treatment Process, Collection System and Facilities Served: Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .035 million gallons per day (MGD). The treated effluent is discharged to Shaw Creek, classified as a Class C stream in the French Broad River Basin. Collection System - The main collection system is a forced main system with approximately 10,800 feet of pipe in sizes of 2", 3" & 4" is diameter. Approximately 1,000 feet of gravity lines with 8-inch diameter pipe and standard pre -cast manholes is also installed. The system is unusual in the fact that all homes have an individual pump system which is maintained by the utility company. There is one main lift station located at the WWTP. Facilities Served - This unit serves the residents of Hunters Glen Subdivision plus some commercial establishments on Hwy 64 W. II. WWTP Performance The WWTP was in compliance with all NPDES Permit Limits. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system. IV. Notification A notice advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at 828-890-4810. As required, three copies of this report is being provided to NCDENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick Date This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 January 31, 2011 Filename: \\Tom\niy files\Hunter's G1en\APR_'10.docx 0 Ir� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION September 14, 2010 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah, NC 28729-0679 SUBJECT: Compliance Evaluation Inspection Hunter's Glen WWTP Permit No: NCO067288 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on August 25, 2010. The facility was found to be in compliance with permit NC0067288. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Ash�rill�eileg* ��� S:\SWP\Henderson\Wastewater\Minors\Hunter's Glen 67288\CEI.8-25-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 Internet: www.ncwaterguality.org NoAhCarolina Nati ra!!ff United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO067288 111 121 10/08/25 117 181 CI 19I SI 20III Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA - -- -- -------Reserved------------- 67I 1.0 169 70131 711 I 72 I N I 73 I I 174 751 I I I I I I 180 t—I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Hunter's Glen WWTP 01:55 PM 10/08/25 05/12/01 Exit Time/Date Permit Expiration Date US Hwy 64 Etowah NC 28729 02.55 PM 10/08/25 10,/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//628-890-4810/ ContactedNo Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ c Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES ydmo/day 31 NCO067288 111 121 10/08/25 1 17 Inspection Type 18I CI (cont . )1' 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Veolia Water North America Operating Services — Hunter's Glen Subdivision WWTP is a class II facility rated as a 0.035 MG'D (0.070 after A to C) extended aeration package plant consisting of: 36 gpd duplex influent lift station with grinder pumps and high water alarm; bar screen; 35,000 gallon aeration basin with dual 140 cfm blowers providing diffused air; 5900 gallon rectangular clarifier with skimmer and sludge returns; 2618 gallon aerobic digestor; tablet chlorinator; 2400 gallon baffled chlorine contact chamber; tablet dechlorinator; Isco 4210 ultrasonic flow meter; and (new August 2010) refrigerated composite sampler. A to C was issued 4-23-1987. Annual average flow: 0.007 MGD for 2007-2010 (3 year average). Collection System: Consists of approximately 10,800 feet of pressure sewer system, of 2-inch, 3-inch and 4-inch diameter force mains, with individual home pump tanks; 1000 feet of 8-inch diameter gravity lines with standard pre -cast manholes; one main left station at the WWTP. The individual pump tanks are maintained by the utility company. Development: Consists of 49 residential homes and one commercial establishment. Sludge Management: Commercial hauler (Goldie & Associates) to the City of Hendersonville's WWTP! Goldie & Associates - phone 864-882-8194 210 W. North Second Street, Seneca, SC 29678 PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 2-25-2009 by Janet Cantwell. The permit expires on 11-30-2010. Your request for permit renewal was received by the Division on May 13, 2010. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as -follows: Temperature = 24.5 degrees Celsius pH = 6.7 units Settleable Solids = 700 ml/I = 70% Page # Permit: NCO067288 Inspection Date: 08/25/2010 EFFLUENT: Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation The effluent data was as follows: Dissolved Oxygen = 3.3 mg/I pH=7.0units Temperature = 25.5 degrees Celsius Chlorine = < 22 ug/I FLOW MEASUREMENT: The facility recently (August 2010) purchased and installed a new Isco 4210 ultrasonic flow meter with battery back-up. OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Tom Kilpatrick, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent was clear and appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on February 8, 2010. Page # 3 Permit: NCO067288 Inspection Date: 08/25/2010 Owner - Facility: Hunter's Glen. VWWP Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ Cl n n Is the facility as described in the permit? ■ n n n i # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA 1 NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n 171 Judge, and other that are applicable? Comment: Pump Station - Influent Is the pump wet well free of bypass lines or structures? Is the wet well free of excessive grease? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Comment: Bar Screens Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration 'Basins Yes No NA NE Yes No NA NE ' ■ n ■nnn ■nnn ■nnn ■nnn Yes No NA NE Page # 4 Permit: NCO067288 Owner - Facility: Hunter's Glen V VVfP Inspection Date: 08/25/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ 0 Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ ❑ ❑ fl Does the foam cover less than 25% of the basin's surface? ■ 0 0 Is the DO level acceptable? n 11 n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ 0 ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n Cl n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ 11 ❑ fl Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? n n ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ El ❑ n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ ❑ ❑ n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n Cl 11 Are the tablets the proper size and type? ■ ❑ 110 Number of tubes in use? 3 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Page # 5 Permit: NC0067288 Inspection Date: 08/25/2010 Disinfection -Tablet Owner - Facility: Hunter's Glen VWWP Inspection Type: Compliance Evaluation Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: NE Yes No NA ■DDD ■D00 ■ ❑ ❑ D 2 Page # 6 'RE MY NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director June 29, 2010 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 Subject: NOTICE OF VIOLATION NOV-2010-LV-0241 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Mr. Kilpatrick: Dee Freeman Secretary A review of Hunter's Glen WWTP's monitoring_report for January 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC 01/19/2010 400 #/100ml 600 #/100ml Daily Maximum Broth,44.5C Exceeded BOD, 5-day, 20° C 01/19/2010 45 mg/ 1 >43 mg/ I Improper Reporting Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. Please contact Gary Francies of the DWQ Laboratory Certification Branch at 828-296-4677 for proper laboratory reporting procedure for the parameter BOD. Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828-296-4500. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section "c"" ��f=�^'DU�GQ"�Ashevi�lle�Frle��� DWQ Central Files Gary Francies/ DWQ Lab Certification Unit NorthCarolina ti:`•. 1�'1''.H nder nn'•.t `astewak:r'.Minor.;Hunicrs Glen 6728,t%NO :-20104-V-02-I l.doe NaturR!!rf North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 F "go Annual Wastewater Treatment System Performance Report ' 77 for All Hunter's Glen SubdIVO 8 2010 for the Operating Period ASHEV!LLEREGIONAL OFFICE January thru December, 2 Preface On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the,Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan I Sewer Collection System Operation & Maintenance Plan 3., Annual Performance Report These new requirements became effective October 1, 1999. This. report is designed to meet the minimum requirements for the Annual Performancie Report established by the North Carolina Department of Enviro=-ent and Natural Resources ' as set forth in their guidance document dated October 19, 1999: This law was established to provide a mechanism for public oversight (and hopefully, to instill. public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Hunter's Glen Subdivision Hwy 64 West, Horse Shoe Henderson County Responsible Entity: Veolia Water North America/Culligan,Operating Services Person(s) in Charge/Contact: Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & System Administrator Applicable Permits: NPDES # NC0067288 Description of Treatment Process, Collection System.and Facilities Served: Treatment Process - The treatment facility is a. typical "Extended Aeration process capable of treating .035 million gallons per day (MGD). The treated effluent is discharged to. Shaw: Creek, classified as a Class C stream in the French. Broad"River Basin. Collection System - The main collection system is a forced main system with. approximately 10,800 feet of pipe in sizes of 2", 3" & 4" is diameter. .Approximately 1,000 feet of gravity lines with 8-inch diameter pipe and standard pre-cast.manholes is also installed. The system is unusual in the fact that all homes have anindividual pump: system which is maintained by the utility company. There is one main�lift station located r at the WWTP. Facilities Served This unit serves the residents of Hunters Glen Subdivision,plussome commercial establishments on Hwy 6.4 W. II. WWTP Performance The WWTP was in compliance with all�NPDES Permit Limits'. We take pride in our efforts to protect the local environment and the quality of the waters in our streams: III. Collection System Performance The collection system experienced no significant problems for the reporting period Tom Kilpatrick & Associates maintains an Operation and Maintenance Plan and a Spill Response Plan for the system. IV. Notification A notice advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: Tom Kilpatrick.& Associates P.O. Box 679 Etowah, NC' 28729 or by contacting the office at 828-890-4810. As required, three copies of this report is being provided to NCDENR Readers .who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the .best of my knowledge. Tom Kilpatrick February 1, 2010 NOTICE Annual Performance Report Wastewater Treatment, Systems On July 20, 1999, the North Carolina General Assembly ratified House Bill 1.160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities;that . own or operate wastewater treatment and collection systems. Specific items .included: 1. A Spill Response Plan 2, Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This law was established.toprovide a mechanism for public oversight (and hopefully, to instill public confidence).in.owners..and operators of wastewater treatment systems and in their efforts to protect the Waters of the state.. We are pleased to announce that the Annual Performance Report for your wastewater treatment . and sewer line collection system is now available for review. We are pleased to report that the.V� WTP is in full compliance with NPI)ES.Permrt limits for the operating year. A'copy of the full report is available to interested persons by contacting the office. Tom Kilpatrick & Associates is pleased to be a part of this on -going environmental protection effort. Sincerely; Tom Kilpatrick Annual Wastewater 'Treatment System Performance Report for I no M7 T M I MW 944 M W, M., - M1 I 11 Mi, ~� for the Operating Period January thru December, 2008 MAR 1 8 2009 DENR - WATER QUALITY POINT SOURCE BRANCH On July 20, 1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. F E El ER QUALITY SECTIONILL. E RE1-L1ONAL O�FI�E I. General Information Facility/System Name: Hunter's Glen Subdivision Hwy 64 West, Horse Shoe Henderson County Responsible Entity: Veolia Water North America/Culligan Operating Services Person(s) in Charge/Contact: ' Tom Kilpatrick - Operator -in -Responsible Charge (ORC) & System Administrator Applicable Permits: NPDES # NC0067288 Description of Treatment Process, Collection System and Facilities Served:; Treatment Process - The treatment facility is a typical "Extended Aeration" process capable of treating .035 million gallons per day (MGD). The treated effluent is discharged to Shaw Creek, classified as a Class C stream in the French Broad River Basin. Collection System - The main collection system is a forced main system with approximately 10,800 feet of pipe in sizes of 2", 3" & 4" is diameter. Approximately 1,000 feet of gravity lines with 8-inch diameter pipe and standard pre -cast manholes is also installed. The system is unusual in the fact that all homes have an individual pump system which is maintained by the utility company. There is one main lift station located at the WWTP. Facilities Served - This unit serves the residents of Hunters Glen Subdivision plus some commercial establishments on Hwy 64 W. II. WWTP Performance The WWTP was in compliance with all NPDES Permit Limits. We take pride in our efforts to protect the local environment and the quality of the waters in our streams. III. Collection System Performance The collection system experienced no significant problems for the reporting period. Tom Kilpatrick & Associates maintains an. Operation and Maintenance Plan and a Spill Response Plan for the system. IV. Notification A notice advising of the availability of this report will be mailed to each resident. A copy of this report is available to interested persons in the offices of: Tom Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 or by contacting the office at-828-890-4810. As required, three copies of this report is being provided to NCDENR Readers who have questions or desire detailed information are invited to contact Tom Kilpatrick, System Administrator. V. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. Tom Kilpatrick Date. This report prepared by: Tom Kilpatrick P.O. Box 679 Etowah, NC 28729 Phone: (828) 890-4810 February 28,2009. Filename: \\Tom\my fileMunter's Glen\APR '08.docz " :am Kilpatrick & Associates P.O. Box 679 Etowah, NC 28729 828-890-4810 February 28, 2009 NOTICE Annual Performance Report Wastewater Treatment Systems On July 20,1999, the North Carolina General Assembly ratified House Bill 1160, the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or:operate wastewater treatment and collection systems. Specific items included: . 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report , These new requirements became effective October 1, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. We are pleased to announce that the Annual Performance Report for our wastewater treatment and sewer line collection system is now available for review. We are pleased to report that all operating parameters were in compliance with NPDES Permit Limits for the operating year. A copy of the full report is available to interested persons by contacting the office. Tom Kilpatrick & Associates is. pleased to be a part of this on -going environmental protection effort. Sincerely, Tom Kilpatrick .- U- ._.r._..__... _ .�_ ..� _q 0 P CDENR North Carolina_ Department of 'Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue `' ° Coleen H. Sullins Dee Freeman Governor Director Secretary February 27, 2009 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services P.O. Box 679 Etowah, North Carolina 28729-0679 SUBJECT: Dear Mr. Kilpatrick: Compliance Evaluation Inspection Status: Compliant Hunter's Glen WWTP Permit No: NC0067288 Henderson County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection .conducted on February 25, 2009. The facility appeared .to be in compliance with permit NC0067288. Please let me know when the main blower has been repaired and put back into operation. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me, at 828-296-4500, Ext. 4667. Sincerely, 4 f5ez et Cantwell Environmental Specialist Enclosure f .Ejqo DWQ Central Files G:\WPDATA\DEMWQ\Henderson167288 Hunter's Glen167288-CE1.09.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S_ Highway 70, Swannanoa, NC 28778 NorthCaroliina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 �latut'Q /6� Internet: www.ncwaterguality.org E n.n United States Environmental Protection Agency Form Approved. EA[] Washington, D.C. 20460 fOMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 [NJ 2 LJ -31. N00067288 111 121 09/02/25 117 18U 19� I 20LJ Remarks 211111111111111111111111111111111111111111111111I Inspection Work Days Facility Self -Monitoring Evaluation Rating 61. QA-------------------- - ---Reserved-'--------------------- 671 1 69 70 Li71 11 721 N 73 � �• '� 74 751 I I I I I Li 80 -� W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Hunters Glen WWTP ' 11:40 AM 09/02/25 05/12/01 Exit Time/Date . Permit Expiration Date US Hwy 64 Etowah NC 28729 12:20 PM 09/02/25 1.0/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/0RC/828-890-4810/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas W Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Flow Measurement Operations & Maintenance ® Records/Reports Self -Monitoring Program ® Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4,667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 9 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NCO067288 I11 121 09/02/25 I17 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tom Kilpatrick/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on 9/18/08 by Wanda Frazier. A review of the files indicates that the permit expires 11/30/2010. Please request a permit renewal 180 days prior to expiration. The Annual Performance Report has been filed for the year. A thermometer should be kept in the composite sampler during sampling. A refrigerated sampler would be an ideal solution. This facility appears to be well operated and the operator is doing a good job. Page # 2 Permit: NCO067288 Owner - Facility: Hunter's Glen WWTP Inspection Date: 02/25/2009 InspectionType: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ® ❑ Is the facility as described in the permit? ®❑ Q Q # Are there any special conditions for the permit? ❑ ❑ ® Q Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas'for inspection? ®❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility side walls are in need of scraping and repainting.. Record 6 ei Yes No NA NE Are records kept and maintained as required by the permit? ®❑ ❑ Q Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab, reg. required 5 years)? Cl ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? Q Cl Q ■ Is the chain -of -custody complete? Q ❑ Q ■ Dates, times and location of sampling ❑ Name of individual performing. the sampling ❑ Results of analysis and calibration ' ❑ Dates of analysis Q Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ Q Q Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ Q ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/Z with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ■ ❑ ❑ Page # 3 Permit: NCO067288 Owner - Facility: Hunter's Glen WWTP Inspection Date: 02/25/2009 Inspection Type: Compliance. Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report' on file for review? ® n n n Comment: Operator has copy of the permit at the office and will supply a copy to the facility. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? n n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? N. n ❑ C3 Is the foam the proper color for the treatment process? n Does the foam cover less than 25% of the basin's surface? n n Is the DO level acceptable? n n Is the DO level acceptable?(1.0 to 3.0 mg/I) 0 0 0 E Comment: One of the two blowers has short-circuited but the maintenance crew is working to repair it. Tthe backup blower is operational. Secondary Clarifier yes No NA NE Is the clarifier free of black and odorous wastewater? 0 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ ❑ Are weirs level? Is the site free of weir blockage? 11 n n Is the site free of evidence of short-circuiting? Q ❑ n Is scum removal adequate? El n n Is the site free of excessive floating sludge? n Q n Is the drive unit operational? n n Is the return rate acceptable (low turbulence)? 0 n 00 Is the overflow clear of excessive solids/pin floc? i n ❑ Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) 0 Q C1 ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? Q 0 n Page # 4 Permit: NCO067288 Inspection Date: 02/25/2009 Owner - Facility: Hunter's Glen WWTP Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA Nt Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ®❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ®❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ®❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ® ❑ # Is de -chlorination substance stored away from chlorine containers? ®❑ ❑ ❑ Comment: Are the tablets the proper size and type? ®❑ ❑ ❑ Are tablet de -chlorinators operational? ®❑ ❑ ❑ Number of tubes in use? 2 Comment: Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ®❑ ❑ ❑ Is flow meter calibrated annually? ®❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ®❑ ❑ ❑ Comment: Flow meter was calibrated 8/28/08. Page # 5 ,a 0 E-11 FILE COPS Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of water Quality Asheville Regional Office SURFACE WATER PROTECTION September 30, 2008 Mr. Thomas W. Kilpatrick Veolia Water North America Operating Services PO Box 679 Etowah, NC 28729-0679 _ .. SUBJECT: Compliance Sampling Inspection Hunter's Glen WWTP Permit No: NCO067288 Henderson County Dear Mr. Kilpatrick: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on September 18, 2008. The facility was found to be in Compliance with permit NC0067288. . Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 ext. 4662. Enclosure cc: DWQ Central Files Ash-e �l_WiRtO facl'lit,, i,le G:\WPDATA\DEMWQ\Henderson\67288 Hunter's Glan\67288 CSI 2008.doc Sincerely, Wanda P. Frazier Environmental Specialist Noe Carolina �tura!!y 2090 US Highway 70, Swannanoa, NC 28778 Customer Service 1- 877-623-6748 Telephone: (828) 296-4500 Fax: (828) 299-7043 :s Yi I) �• N'f :� United States Environmental Protection Agency Form Approved. E /-� Washington, D.C. 20460 OMB No. 2040-0057 Water Com liance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I sI 31 NCO067288 111 121 08/09/18 117 181 cl 19I SI 201 IJ l J L! Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Ill 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA -- - --- -----Reserved---- — 671 1.0 J 69 70 LI 71 I I 72 I N I 73 W 74 751 Ill 11 I 180 u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:40 AM 09/09/18 05/12/01 Hunter's Glen WWTP Exit Time/Date Permit Expiration Date US Hwy 64 Etowah NC 28729 12:00 PM 08/09/18 10/11/30 Names) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas W Kilpatrick/ORC/828-890-4810/ Name, Address of Responsible Officialrritle_/Phone and Fax Number Contacted Thomas Kilpatrick,PO Box 679 Etowah NC 287290679//828-890-4810/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspectors) Agency/Office/Phone and Fax Numbers Date Wanda P,Frazier ARO WQ//828-296-45dO Ext.4662/ Signa _ of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date as a60 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 I o NPDES yr/mo/day Inspection Type 1 3I NCO067288 I11 12L 08/09/18 117 18ISI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) At the time of the inspection, the facility was producing a clear effluent, indicating compliance with permit limits. Effluent samples were taken. The results will be forwarded, if found to be non -compliant. The facility appears to be properly operated and well maintained. Page # 2 Permit: NCO067288 Owner - Facility: Hunter's Glen VWVfP Inspection Date: 09/18/2008 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Q O IN 13 Is the facility as described in the permit? ®n ❑ Cl # Are there any special conditions for the permit? ❑ ®D ❑ Is access to the plant site restricted to the general public? ®� Is the inspector granted access to all areas for inspection? ®� Q Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ Q Judge, and other that are applicable? Comment: Page # 3 County: HENDERSON River Basin FRB Report To AROSP Collector: W FRAZIER Regions ARO Sample Matrix: WASTEWATER Loc. Type: EFFLUENT Emergency Yes/No COC Yes/No Location ID: NCO067288 VisitlD Loc. Desc HUNTERS GLEN WWTP Collect Date: 0911812008 Collect Time:: 11:40 Sample Qualifiers and Comments Sample ID: PO Number# Date Received: Time Received: Labworks LoginlD 'Date Reported: Report Generated Sample Depth AB35700 ARO 09/18/2008 15:55 KAMISON 1013/08 10/03/2008 I a d (V i Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations B1-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL B2-Counts from all filters were zero. NE -No established PQL P-Elevated PQL due to Irinc i ' gnetaadf�"'cam P i �e B3- Countable membranes with more than 60 or BO colonies; Estimated ... z si 84-Filters have counts of both o ng me exceedepo>60 or 80 and < 20; Estimated ortorecvipta... !.'-�;'7c!!"t�►,';., Q2- Holding time exceedeb followin B5-Too many colonies were present; too numerous to count (TNTC) E J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated PQL- Practical Quantitatiojt Lim t ct cha d to ittruf t J;7'-sit ' U- Samples analyzed for this o �[ J3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed for thi o nd J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated t N1-The component has been tentatively identified based on mass spectral library search and has an estimated value ARO Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 WATER QUALITY SECTION 3HEVILLE REGIONAL OFFICE E�0 'VC DWQ Laboratory Section Results Sample ID AB35700 ocation ID: NCO067288 Collect Date: 09/18/2008 oc. Descr.: HUNTERS GLEN WWTP Collect Time:: 11:40 isit ID CAS # Analyte Name PQL"i'esuY€ Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 1.8 C KJIMISON SMATHIS Method Reference 9/18I08 9/19/08 Bp _ S Day In liquid 2.0 " 2, U mg/L KJIMISON MOVERMAN Method Reference APHA5210B 9/18/08 10/2/08 - , C 1ifomt,vM€'`Para! in liquid 1 CFU/100ml KJIMISON MOVERMAN Method Re erence APHA9222D-20th 9/16/08 9/25/08 RsedueSuspendet In liquid 6.2 U mg/L KJIMISON MOVERMAN Method Reference APHA2540D-20th 9/23/08 10/2/08 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DIVISION OF WATER QUALITY Chemistry Laboratory Report / Water Quality Lab Number-•��/��L COUNTY El SAMPLE TYPE Date Received : + ` D • L� RIVER BASIN: PRIORITY AMBIENT QA F-1 STREAM EFFLUENT i Time Received ; �j�5' Received By REPORT TO „4/'f' Regional Office COMPLIANCE CHAIN OF CUSTODY' LAKE INFLUENT Other EMERGENCY VISIT ID ESTUARY Data Released COLLECTOR(S) r `� l(J�. ❑ Date Reported Estimated BOD Range: f 4D, Station Location_ Seed: Chlorinated: +,r p Az �� t,00*'� Remarks: StatioY P/Loc ion C%�do - 1 tLr "% D. e egi (, m dd) Dade d /d r7 � Q Time Begin 1 /0 Time En Depth - DM, DB, DBM Value T e - A, H, L YP Composite-T, S, B Samp�,Type OD 310 mg/L COD High 340 mg/L CQD Low 335 ntJL Coliform: MF Fecal 31616 /I ooml Co I iform: MF Total 31504 / 10ond Col iform: tube Fecal 31615 /loom! Colifomt: Fecal Strep 31673 /IOOmI Residue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile 535 mg/L Fixed 540 mg/L pH403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mgrL Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU Coliform Total Tube /100 ml COMMENTS: Chloride 940 mg/L Chlorophyll a EPA445.0 modified option ug/L Color: True 80 C.U. Color: (pH) 83 pH= C.U. Color: pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 ml/L Fonnaldehyde 71880 tn&L Grease and Oils 556 mg/L Hardness Total900 mg/L Specific Cond. 95 umhos/em MBAS 38260 mg/L Phenols 32730 uq/L Sulfate 945 mg/L Sulfide 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate me,/L. Total Dissolved Solids mg/L NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mgtL PO4 as P 70507 mg/L P: Dissolved as P 666 mgtL K-Potassium mg/L Cd- Cadmium 1027 ug(L Cr-Chromiunt:Total 1034 ug/L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 ug/L Zn- Zinc 1092 ug/L V-Vanadium ug/L A, Silver 1077 ug/L Al- Aluminum 1105 ur-/L Be- Beryllium 1012 ue/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L Mo-Molybdenum ug/L Sb-Antimony ug/L Sn-Tin ug/L TI-Thallium ug/L, Ti-Titanium ug/L Hg-1631 ng/L Li -Lithium 1132 ug/L Mg- Magnesium 927 mg/L Mn-Manganese 1055 ug/L Na- Sodium 929 mg/L Arsenie:Total1002 ug/L Se- Selenium 1147 ui, L HS Mercury 71900 ug/L Ba-Barium ug/L Organochlorine Pesticides Organophosphorus Pesticides Organonitrogen Pesticides Acid Herbicides Base/Neutral&Acid Extractable Organics TPH Diesel Range Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/B.TEX Gasoline Range Phytoplankton Temperature on arrival (oC): 4" y State of North Carolina Department of Environont, Health and Natural Resources Iv on of Environmental Management es B. Hunt, Jr., Governor �j Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director July 7, 1994 Ms. Joan P. Whitmire Post Office Box 307 Horse Shoe, North Carolina 28742 Dear Ms. Whitmire: ddw EL • aEHNF4 Subject: Permit No. WQ0009269 Joan P. Whitmire Joann's Restaurant Sewer Extension Henderson County In accordance with. your application received March 28, 1994, we are forwarding herewith Permit No. WQ0009269 dated July 7, 1994, to Ms. Joan P. Whitmire for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. 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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ms. Angela Y. Griffin at (919) 733-5083. cc: Henderson County Health Department Asheville Regianal-Office,—Water Quality Se William G. Lapsley & Associ s, P. A. W 4�A Sincerely, A. Preston Howard, Jr., P.E. D � 2 � 5 W R I F JUL I S 1994 D 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 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21 of Chapter 143. General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Ms. Joan P. Whitmire Joann's Restaurant Henderson County FOR THE construction and operation of a 15 GPM pump station with duplex pumps, high water alarms, and approximately 1,660 linear feet of 1.5 inch force main to serve Joann's Restaurant, and the discharge of 2,000 GPD of collected commercial wastewater into the Horse Shoe Sewer Company's existing sewerage system, pursuant to the application received March 28, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the Hunter's Glenn Wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State, 7. Upon completion of c ruction and prior to operation of thi; rmitted facility, a certification must be received from a professional engineer certifying -that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management, in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station, b. An air relief valve located at all high points along the force main, c. A screened vent for the wet well, d. Fillets located in the wet well at the intersection of the flooring and sidewalls, e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained, f. Sufficient devices which will protect the pump station from vandals, and g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (704) 251-6208, 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 either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any failure of a pumping station or sewer line 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 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 2 14. This permit shall bece voidable unless the agreement bet n Ms. Joan P. Whitmire and Hunter's Glenn for the collection and final treatment of wastewater is in full force and effect. Permit issued this the 7th day of July, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION f��A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit Number WQ0009269 J 1 Permit No. WQ0009269 July 7, 1994 ENGINEER'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date M Registration No. State of North Carolina Department.ofEnvironment, Health and -Natural 'Resources _Division of :Environmental Management James B. Hunt, .Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., RE., -.Director April 7,1094 MR JOAN P. WHIT TIRE _-_ PO BOX'307 HORSE SHOE, NORTH CAROLINA 28742 �E:HN R APR I I Iggg — Subject: Application No. WQ0009269 Joann's Restaurant Sewers -Private Henderson County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials onMarch 28, 1994. 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 Angela Griffin for a detailed engineering review. Should there be any questions concerning your project, the reviewer will contact you with an additional information letter. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor or a Procedure Four Evaluation for this project, prior to final action by the Division. If you have any questions, -please contact Angela Griffin at (919) 733-5083. S' cerely, ZolynMc askill ervisor, State Engineering Review Group «.Asheville Regional Office._ William G. Lapsley=& -Associates n a� Pallutcon Prevention Pays. ; �55'ser, L€Y..r .'- ��{+ & t' V 150XL7JJJ�a1CGlelb'tly`ly utw.:.�.ai vaaua.eriv�v-v.,.,✓--•a..a..y .. An Equal Opportunity Affirmative -Action Employer - - �-- _3 .ti. State of North Carolina Department of Environment, Health, and Natural Resources k r, Division of Environmental Management Non -Discharge Permit Application IZO (THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL) , y GRAVITY SEWER EXTENSION PUMP STATIONS, AND PRESSURE SKWERS c I. GENERAL INFORMATION: 1. Applicant (corporation, individual, or other): 2. Print Owners or Signing Official's. Name and Title (the person who is legally responsible for the facility and its compliance): �Ow -T' Wu'' 0iyt 3.. Mailing Address: �' 'eOX Sol City: Vkoy_6E 1.10E State: Oop_Tit hfmoOfiZip: 2-S'Z4"7_ Telephone No.: ( _� ° ) (oQE— � 14 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans/specs., letters of flow acceptance, Operational Agreements, etc.): � O A W QS'r *1ze9hU F.R Q-1 S. Application Date: 312rLct4- 6. Fee Submitted: $ 7. County where,project is located: QiPA�mo II. PERMIT INFORMATION: 1. Permit No. (will be completed by DEM): _ e) 0 0 ?2 & 2. Specify whether project is: new; renewal*; modification. *If renewal, complete only sections I through III and applicant signature (on pg.9). Submit only pgs. 1, 2, 9 (original and 3 copies of each). Engineer signature not required for renewal. 3. If this application is being submitted as a result of a renewal or modification to an existing permit, list the existing permit number and issue date 4. Specify whether the applicant is public or private. FORM: GSPS• 4/91 Page 1 -of 10 GRAVITY SEWER EX'" 7SION & PUMP STATION PAGE 2 (4/91) III. INFORMATION ON WASTEWATER: 1. Nature of Wastewater: % Domestic; I� % Commercial; % Industrial; '% Other waste (specify): 2. Please provide a one or two word description specifying the origin of the wastewater, such as school, subdivision, hospital, commercial, industrial, apartments, etc.; 3 . Indicate any parameter (and its concentration) that will be greater than normal domestic levels: Q013k'- 4. If wastewater is not domestic. in nature, what level of pretreatment has been provided to ensure protection of the receiving wastewater treatment facility? 5. Volume of wastewater generated by this project: 2-0c) 4 gallons per day 6. Explanation of how wastewater volume was determined: WR I�ER Use �xo ARK- i MbKIT-k UsE CF 11533 `Ir�oes'T Qom (StPD Vb(?- w mM� fipzwT k 1a8 SEAR ('� IV. DESIGN INFORMATION: 1. FTM 2. Name of wastewater treatment facility receiving wastewater: �U � �- LOT a. Facility permit no.: b. Engineer should provide statement of his evaluation of downstream sewers to accept the wastewater: 6DO-R�� 6101-ef1oii 1+�- ef i f Omer:_ IIJI�IUf RTeb fttCa"�`( IS AIR 2 of 10 GRAVITY SEWER EXTFrrerON & PUMP STATION PAGE 3 (4/91) 3. Summary of sewer pipe by diameter size and pipe material. Indicate here whether C factor or N factor is used and circle C or N below: Dia. Length Pipe C or N Min. Max. Minimum Max. Minimum (In.) (Lin. Ft) Material Factor Slope % Slope % Velocity (fps) Vel.(fps) Cover (in) NOTE: The minimum velocity must not be less than 2 fps. For public sewers the minimum diameter is 8 inches. 4. Anchors shall be provided for sewers with slopes greater than 20 %. The anchor spacing shall be as follows: a. 36 feet separation for slopes of 21% to 35%; b. 24 feet separation for slopes of 36% to 50%; c. 16 feet separation for slopes of 50% and greater. For velocities greater than 15 fps, it is strongly recommended that measures be considered which will protect the sewers and manholes from erosion. For velocities greater than 20 fps, erosion control measures must be specified. For any excessive slopes or velocities that will occur in any sewer line segment, what measures have been taken to protect the sewer pipe and manholes? WN 5. Maximum sewer reach length ,between manholes: —�� linear feet. 6. This sewer line segment occurs between manhole no. ' Aand manhole no. 7. Does the owner/operator have the ability to clean this length? f A Yes No. 8. Sewer subject to existing or planned traffic bearing loads? Yes No. If yes, what measures are being taken to enable the sewers to withstand the loads? NIA 9. Outside drop manholes are provided where invert separations exceed: feet. 10. Identify (by manhole number) those manholes that have drop connections: N[A 3of10 GRAVITY SEWER E=- xTSION & PUMP STATION PAGE 4 (4/91) 11. Maximumallowable infiltration/exf ltration test rate: GPD/ pipe dia. in./ mile. Note: Must not exceed 200 GPD/ pipe dia. in./ mile. 12. Minimum separation distances as shown on the plans or addressed in the specifications: a) 100 ft. horizontal separation from. wells or other water supplies? 4 Yes _ No b) 12 in. vertical separation from storm sewer or ferrous pipe sanitary sewer specified? Yes _ No c) 10 & horizontal separation from water mains or 18 in. vertical separation (water over sewer) or ferrous pipe specified? 4,' Yes —No 13. Are manholes subject to flooding? Yes ' No 14. If yes, are manhole rim elevations 1 foot above 100-year flood level, —Yes —No (100 year flood elevation should be indicated on plans) 15. Or are manholes watertight and vented 1 foot above the 100-year flood elevation ( should be shown on plans): _Yes _No I Identify (by manhole number) those manholes that are vented: 17. Does this project involve any stream crossings? i yes _ no. If yes, what precautions or special features have been utilized to ensure protection of the sewer line and not restrict stream flow? Identify the sheet of the plans and station number where stream crossings are located:�tt-0U��P� 4 of 10 - GRAVITY SEWER EXT- 310N & PUMP STATION PAGE 5 of 10 (4/91) V. PUMP STATION INFORMATION 1. Pump Station No.: (A separate sheet V.1 through V.15 should be submitted for each pump station) 2. Name of closest downslope� surface waters: ZRI Ll� OF— M 3. Classification of closest downslope surface waters: L (as established by the Environmental Management Commission & specified on page 6 of this applic.). 4. If a power failure at this pump station could impact waters classified as WS, SA, B, or SB, describe which of the measures are being implemented to prevent such impact, as required in 15A NCAC 2H .0200: NJA 5. What size pumps are provided? GPM 6. How many pumps are provided? 7. What is the maximum capacity of the pump station? 43, 200 GPD 8. What is the design total dynamic head? �2� feet 9. How many pumping cycles will occur at the design flow rate? cycles per hour 10. Check if provided at pump station: No Alternate Power Source Wet Well Vented with Screen �(ES Fillets in Wet Well ��Es Check Valves and Gate Valves DES Security Fencing Qo Lockable Wet Well Cover �fE� �-" o 90 Area Light 110V Electrical Convenience Outlet 0 Flood/Buoyancy Protectio � High Water Alarm Audible and Visual Auto Dialer 11. Summary of force main (by diameter size and pipe material): Diameter (Inches) I�Lz Length Pipe High Low Minimum Maximum Minimum (Linear Ft) Material Elevation Elevation Velocity(fps) Vel.(fps) Cover (in) 1(dw 'PJO- 12-4- - `Q- 2 -3(o_ 12. Are air release valves provided at all high points along the forcp main (must be provided where the elevation difference exceeds 10 feet)? yes no j (� 13. Is pump station subject to flooding? - yes 6L no. If yes, what measures are being taken to protect against flooding? 14. If subject to flooding, specify the 100-year flood elevation: '� Feet MSL 15. Are there existing or planned pump stations downstream of this station? yes _ no If yes, the engineer shall evaluate the ability of those pump stations to adequately handle the subject flows. Ay U)--v�-55(,0 `s OY- , GRAVITY SEWER EX'I )'ION & PUMP STATION d PAGE 9 (4/91) Name and Complete Address of Engineering Firm: City: t-L State: N C Zip: 2619 3 Telephone No.y4- &Iq v -7s:6¢ Professional Engineer's Certification: `I attest that this application for `VOT,.80,UbT has been reviewed by me and is accurate and complete to the best of my knowledge. I further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations. Although certain portions of this submittal package may have been developed by other professionals, inclusion of these materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed design. North Carolina Professional Engineer's Registration No. &AG1 Print Name of Engineer Seal and Signatw Applicant's Certification: "''-.�R,GO.,•'� I, O R t,� LO 6 UM- T-E , attest that this application for S - AuF1A(bTL has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature ��'� Date THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION PERMITS AND ENGINEERING UNIT POST OFFICE BOX 29535 512 NORTH SALISBURY STREET RALEIGH, NORTH CAR6LINA,27626-0535 TELEPHONE NUMBER:,919/733-5083 9 of 10 `- k'sn i�'m;.: '}t"" i„ye .*d i 4 Xf• :: W %� J i'� r,r," t P tm• ':, S= _ .y f tS4 4 3 1 ,d Y 3r F. kt G}t� ['1, {�#tltit}�ti5?flilltSJIS' `'RE'�{�ii3� 77, �a —— "t®a"gaW ;."'l.",.1��`'f $#--��.#s.Th..'�. 's (E_'�, S '•"�+� �{_ 'IN�.ns�m M: r P x a.>; ., 7. -bon - 4k^Ns" Pi tufsx� na- hl 'u.`,6P� -" 'g ''.":wXy°; a'i. f fii 4 •., �. 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N00067288 DISCHARGENO._1_ MONTH _DECEMBERYEAR — 2017 FACILITY NAME —HUNTERS GLEN SUBDIVISION CLASS__II COUNTY —Henderson CERTIFIED LABORATORY (1)_____Environmental Testing (list additional laboratories on the backsidelpage 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC;VINCEZTH1S3GN;ATURF, GRADE_ 4_CERTIFICATION NO. 10940 PERSON(S) COLLECTING SAM PLESVINCENT EDWORC P NE___828-243-1784 CHECK BOX IF ORC HAS CHANGED ® NO FLOW ! DISCHARGE FROM SITE Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES G DIVISION OF WATER QUALITY TOR IN RESPONSIBLE CHARGE) DATE 1617 M AIL SERVICE CENTER CERTIFY THAT THIS REPORT IS RALEIGH NC 27666-1617 ACCtlI�ATEANDCOMPLETETOTHEBESTOFMYKNOWLEDGE. 8,03NIFRI � • a WiaV NNE= imm���ill®m��®®�� tltfZi`a%�' �s'SLA' `J2R%!£RR% S 6 f M2Qi!S'.L:241tSiRS 1 D 1MMMOMMEM OEM tliBR'RiRf�Fii6 ° °S'r t +t oanitA�tl:'X4&�S r D1 won MWOMEMIMMM �Yti.�A:i�]L:fi:.5t S SS 'I Immul© RM MM1 D 1EMMMONEEM s:1D 19ss�i.:o,rttu t I i�mP��MMM 111 a�jj■���■��������w EEC:➢1$C3CL:�,:d tit �s._' M G�6CCi- iOC::J 1 Dot a^'Eii1•'I,�'i�'l���'��jj'�,¢��®� ' 1 - 1 1 1 • 1 1 1 1 1! _- ;,. S7S '• � is 1 C D t t- tMENEM I' 441<e11VdV_JAN 2 5 2018 E P - 2010 i? Qr-rnAM DWQFoIm MR-1(11104) WFORMATIONPROCESSWOMR 4® Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements F-1 Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pennittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." A & D Water Service, Inc. Permittee (Please print or type) 4altdreofPermittee*** Date (Required unless submitted electronically) P.O. Box 1407 Pisgah Forest, NC 28768 ... (828) 884-9772 ... admaint(&,,citcom.net Oct. 31,2015 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) ADDITIONAL CERTIFIED LABORATORIES Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting hitp://portal.ncdenr.org/web/wq/s,Ap/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 :p 1/7/18 ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC, 27699-1617 Subject: Non -Compliance DECEMBER 2017 Hunters Glen NPDES NC0067288 Dear Sir or Madam; Hunters Glen S/D (NC0067288) was in Non -Compliance for a weekly and monthly BOD violation for the month of December 2017. During the week of December 10t' there was 13" of snow had fallen during that week. To correct the problem I increase the blower timer in the aeration basin and also increase wasting. If you have any question or require additional information, please. feel free to contact me at (828)674-2680. Since ly V' e t dw ardss O CO OPER -NORTKC;4ROLINk, Cratiffrtxar" +�vir�ontrttt#�ti(�!r��a[iF,: i\tCMAEL :5 ,kE zAN Searetrs�. LDiDA" CULPEPPEK i� iare at=T7rrsstnt:. " Certified Mail # 7017 2620 0000 9759 4292 Return Receipt Reg uested July 25, 2018 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2018-0177 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $218.68 ($100.00 civil penalty + $118.68 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of December 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in December 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). D ES North Carolina Department of Environmental Quality I Division of Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: $100.00 1 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0067288, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C) - Concentration $0.00 0 of 1 violations of G.S. 143-215.l(a)(6) and Permit No. NC0067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg. C) - Concentration $100.00 TOTAL CIVIL PENALTY $118.68 Enforcement Costs $218.68 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Von'2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal•issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you.must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirtyQ30) days of receipt of this notice. The Division of Water Resources also requests that y6u complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the.attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Ec: DWQ Laserfiche G:\\4R\R'Q`•1fertderson,N;ule�.ater�bGners4Blscksmi[hRun S805G,,.U1807^.; NC0088055 LV201S0177.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2018-0177 County: Henderson Assessed Party: ABED Water Service Inc/ Hunters Glen Permit No.: NC0067288 Amount Assessed: $218.68 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Hunter's Glen WWTP PERMIT NO. NCO067288 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2018-0177 Having been assessed civil penalties totaling $218.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated July 25, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2018-0177 PERMIT: NCO067288 FACILITY: Hunter's Glen WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Henderson Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 12/14/2017 12-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 68 51.1 Daily $100.00 C)'- Concentration Maximum Exceeded 12/31/2017 12-2017 BOD, 5-Day (20 Deg. Weekly mg/I 30 34.5 15.0 Monthly $0.00 C) - Concentration Average Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2018-0177 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 51.11%. One Monthly Average BOD exceeded the permit limit by 14.99%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost -of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $118.68 7/24/2018 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ W aver Rsvurc> , eEP!'Sf9F2071HENtfC1..GtlR���;f". Certified Mail # 7009 1680 0000 7515 6326 Return Receipt Requested May 24, 2018 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 �� C4�OPE �rnernor 141€Ci3r'�EL�"S�EG�T` _0eczet. LNbX.tULPEPPER SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-LV-0358 Permit No. NCO067288 Hunter's Glen WWTP . Henderson County Dear Permittee: A review of the December 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 12/14/2017 45 68 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 12/31/2017 30 34.5 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality 1 Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Ec: DWR Laserfiche G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67288\20180524 NC0067288_NOVN0I2018LV0358.rtf Certified Mail # 70161370 000165718348 Return Receipt Requested June 26, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen W WTP Case No. LV-2017-0186 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $766.62 ($650.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of March 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in March 2017, are summarized in Attachment A to this letter. . Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions .of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: - State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 1� r $300.00 3 of the 3 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging waste water in the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $100.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. i $250.00 1 of the l violations of 143-215.1(a)(6) and Permit.No.NC0067288, by discharging waste water into the :waters of the State in violation of the Permit Monthly Average for BOD - Conc. . $650.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $766.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option-1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 276.99-1617 ion 2: Submit a written request for remission or mitigation including a detailed justification for such request: -Please• be aware>that a request'for remission is limited to consideration' of the five factors listed below as they may relate to the reasonableness of theamount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or'the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that. establishes why you believe the civil penalty .should be remitted, and submit it to the Division of WaterResources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner;. (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts'. form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for. an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. - You mayobtain-the petition form from the Office of Administrative Hearings. You must -file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition maybe filed by facsimile (fax) or electronic mail by -an attached file (with restrictions) provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details. of the filing process., The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service,Center 'Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney Generars Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G- Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS ';S��vlle&Regi�xial OffceEnforcement File - NPDES Compliance/Enforcement Unit - Enforcement File G\IAIRRV"enderson\Wastew'ateI,l%iinor&\Runter s Glen 6728MLV-2017-0186 rif JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0186 County:. Henderson Assessed Party: A&D Water Service Inc/ Hunter's Glen WWTP Permit No.: NCO067288 Amount Assessed: $166.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For,Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document.. Pursuant to N.C.G.S: § 143B-282.1(c), remission of a civil penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as;to why the factor applies (attach additional pages as needed) (a) 'one or more of the civil penalty assessment'factors in N.C.G.S. 143B-282.1(b) were wrongfully,applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS A&D Water Service Inc ) Hunter's Glen. WWTP ) PERMIT NO. NCO067288 ) CASE NO. LV-2017-0186 Having been assessed civil penalties totaling $766.62 for violation(s) as set forth in the assessment document of the Division . of Water Resources dated June 26, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment.. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 ADDRESS TELEPHONE SIGNATURE ATTACHMENT A A&D Water Service Inc CASE NUMBER: - LV-2017-0186 PERMIT: NCO067288 REGION: Asheville FACILITY: Hunter's Glen WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over . Violation Penalty Date MonthNr Parameter Frequency Measure Value Value . Limit Type Amount 3/16/2017 3-2017 • BOD, 5-Day (20 Deg. Weekly mg/I 45 64 42.2 Daily $100.00 C) - Concentration Maximum Exceeded 3/23/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 67 48.9 Daily $100.00 C) - Concentration Maximum Exceeded 3/28/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 86 91.1 Daily $100.00 C) - Concentration Maximum Exceeded 3/31/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 30 46.90 56.5 Monthly $250.00 C) - Concentration Average Exceeded 3/28/2017 3-2017 Coliform, Fecal MF, Weekly #/100ml 400 560 40.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0186 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max BODs exceeded the permit limit by 42.2%, 48.8% & 9 1. 1 %. One Monthly Average exceeded the permit limit by 56.4%. One Daily Max Fecal exceeded the permit limit by 40%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two. civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 f- - L 4- , 1 1--- Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ -77 1414 �AIO � U.- zd / I--I-✓-p 3 Certified Mail # 7016 1370 0001 65718348 Return Receipt Requested June 26, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2017-0186 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $766.62 ($650.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of March 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in March 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $300.00 3 of the 3 violations of 143-215. 1 (a)(6) and Permit No.NC0067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $100.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.NC0067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $250.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $650.00 TOTAL CIVIL, PENALTY $116.62 Enforcement Costs $766.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and' (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thidy 30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office - Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Ci1�YR;lPQ`Henderson\\i'astewnter�4inurs.Huntei s Glen 67288\Ll -20 ] 7-0 L 8b rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0186 County: Henderson Assessed Party: ' A&D Water Service Inc/ Hunter's Glen WWTP Permit No.: NC0067288 Amount Assessed: $766.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this .civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for'any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Hunter's Glen WWTP PERMIT NO. NCO067288 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0186 Having been assessed civil penalties totaling $766.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 26, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil. penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed_ after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0186 PERMIT: NCO067288 REGION: Asheville FACILITY: Hunter's Glen WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 3/16/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 64 42.2 Daily $100.00 C) - Concentration Maximum Exceeded 3/23/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 67 48.9 Daily $100.00 C) - Concentration Maximum Exceeded 3/28/2017 3-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 86 91.1 Daily $100.00 C) - Concentration Maximum Exceeded 3/31/2017 3-2017 BOD, 5-Day (20 Deg., Weekly mg/I 30 46.90 56.5 Monthly $250.00 C) - Concentration Average Exceeded 3/28/2017 3-2017 Coliform, Fecal MF, Weekly #/100m1 400 560 40.0 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0186 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max BODs exceeded the permit limit by 42.2%, 48.8% & 91.1%. One Monthly Average BOD exceeded the permit limit by 56.4%. One Daily Max Fecal exceeded the permit limit by 40%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ krr u�{aGGJ V ui,,ca �� r Ep�1diE�tf�QNTAL 4UA1CiTY Certified Mail # 7015 1520 0003 5463 4194 Return Receipt Requested May 26, 2017 IIgy' i O,OPE,R.'. 3 f _., E i'�iiG�HAE;l.4h5 t�E�A�I �rrcrar, Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0403 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 3/16/2017 45 64 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 3/23/2017 45 67 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - - 3/28/2017 45 86 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 3/28/2017 400 560 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent BOD, 5-Day (20 Deg. C) - 3/31/2017 30 46.94 Monthly Average Exceeded Concentration (C0310) State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67288\N0V-N0I-2017-LV-0403.rtf Certified Mail # 70161370 000165718201 Return Receipt Requested June 21, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES.WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2017-0171 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $766.62 ($650.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of January 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in January 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law; and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 V $300.00 3 of the 3 violations of 143-215. 1 (a)(6) and Permit No.N00067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $250.00 1 of the 1 violations of 143-215.l(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $650.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $766.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determmi ffig the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree. and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-16.17 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) d4ys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc WQS�7Asheville Regional-(. fice-Enforcement Fi NPDES Compliance/Enforcement Unit -Enforcement File G:!WR%'{k!Ql,HendersodtWttstewnter\hlinors\Hunlers Glen 67288`d.\-?017-0171.ttf JUSTIFICATION FOR REMISSION REQUEST Case Number: L'V-2017-0171 County: Henderson Assessed Party: A&D Water Service Inc/ Hunter's Glen Permit No.: NC0067288 Amount Assessed: $766.62 Please use this form when requesting remission of this civil penalty. You must also, complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Hunter's Glen WWTP PERMIT NO. NCO067288 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0171 Having been assessed civil penalties totaling $766.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 21, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0171 PERMIT: NCO067288 REGION: Asheville FACILITY: Hunter's Glen WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 1/5/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 68 51.1 Daily $100.00 C) - Concentration - Maximum Exceeded 1/12/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 71 57.8 Daily $100.00 C) - Concentration Maximum Exceeded 1/19/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 89 97.8 Daily $100.00 C) - Concentration Maximum Exceeded 1/31/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 30 59.10 96.9 Monthly $250.00 C) - Concentration_ Average Exceeded 1/5/2017 1-2017 Coliform, Fecal MF, Weekly #/100m1 400 2450 512.5 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0171 ASSESSMENT FACTORS 1) The degree. and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max BODs exceeded the permit limit by 51%, 57% & 97%. One Monthly Average exceeded the permit limit by 96%. One Daily Max Fecal exceeded the permit limit by 512%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 0(0•2N•t1-- Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ m ROY CC?CIPER Mt0`NA�LxS REGAt*� sz J1f(MMEttPtiiAht>; Certified Mail # 70161370 0001 6571 8201 Return Receipt Requested June 21, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768-1407 SUBJECT: Notice of Violation and Assessment of Civil Penalty . for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2017-0171 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $766.62 ($650.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by A&D Water Service Inc for the month of January 2017. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in January 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $300.00 3 of the 3 violations of 143-215.1(a)(6) and Permit No.NC0067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc. $650.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $766.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch - Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearinlz with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Q`',.tVR\1§'Q\Hendersonl\Vnstewn[ef.Alinurs`d-funter's Glen 672WL\- 2017-0171 rif JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0171 County: Henderson Assessed Party: A&D Water Service Inc/ Hunter's Glen Permit No.: NC0067288 Amount Assessed: $766.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Hunter's Glen WWTP PERMIT NO. NCO067288 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0171 Having been assessed civil penalties totaling $766.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 21, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of TELEPHONE SIGNATURE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0171 PERMIT: NCO067288 REGION: Asheville FACILITY: Hunter's Glen WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 1/5/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 68 51.1 Daily $100.00 C) - Concentration Maximum Exceeded 1/12/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 45 71 57.8 Daily $100.00 C) - Concentration Maximum Exceeded 1/19/2017 1-2017 BOD,.5-Day (20 Deg. Weekly mg/I 45 89 97.8 Daily $100.00 C) - Concentration Maximum Exceeded 1/31/2017 1-2017 BOD, 5-Day (20 Deg. Weekly mg/I 30 59.10 96.9 Monthly $250.00 C) - Concentration Average Exceeded 1/5/2017 1-2017 Coliform, Fecal MF, Weekly #/100ml 400 2450 512.5 Daily $100.00 MFC Broth, 44.5 C Maximum Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0171 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Three Daily Max BODs exceeded the permit limit by 51%, 57% & 97%. One Monthly Average BOD exceeded the permit limit by 96%. One Daily Max Fecal exceeded the permit limit by 512%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing. them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one civil penalty enforcement in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 7016 1370 000165718959 Return Receipt Requested -May 9, 2017 Aubrey L Deaver A&D Water Service Inc 117 Kira Ln Hendersonville, NC 28739-1407 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0318 and NOV-2017-LV-0317 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the January 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violations for NOV-2017-LV-0318: Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 1/5/2017 45 68� Daily Maximum Exceeded Concentration (C0310) 001 Effluent Coliform, Fecal MF, MFC Broth, 1/5/2017 400 2,450 Daily Maximum Exceeded 44.5 C (31616) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/12/2017 45 71 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/19/2017 45 89 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2017 30 59.08 Monthly Average Exceeded Concentration (C0310) A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violations indicated below: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Limit Exceedance Violation for NOV-2017-LV-0317: Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 12/28/2016 45 65 Daily Maximum Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted. Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future.'- The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21, 2016, using the EDMR system. It is noted that as of today this facility is registered for EDMR but is not entering data into the system. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67288\NOV-NOI-2017-0317 0318.rtf Help Finish Cancer 11i �t�olaT6nfbund _ Ready' SID LLP' 4 radop Nue�ablir 70161370000 f.65718O . . efive b ._ P#'oduTi' GiCln� ,�ifor"'i77c` Lion S� i4arai[ab1e 14 #aa , Fs. ,. Postal Product Features: Ce!-e ed Masl a ..,�,•-``wi'ki '�' .,�'' 7ini"� :.f:i. Xt- .:PEr +'i'"'"`"r":y�.*'jiy i7""i �: i.,�"m"'(" r....: i'"'"<,�-'t�ex _."r.,.*""�'E bit ':°.¢F,t k '� , "P.`,£'".�".rr"u""",".f%I ~kE,,.," i3»'si.;x .,x 5,k �i'. n wp;,'¢,,.c ,�*.+e t ..Ir '". _ ,, FPS 7... 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PYy ,e_,, .::,.• ,,�.a ,x°.`.�" t ,k`=3r�'�,.:w&.v�..r,. xs��dr ;�r.,rr. �..ix'M �9, m��,a�^','�.r :a4#. ?�, a��,.n.?a �" May 15, 2017, 12:00 pm Delivered PISGAH FOREST, NC 28768 May 12, 2017, 10:34 am May 12, 2017, 7:52 am May 11, 2017, 3:39 pm Available for Pickup Arrived at Unit Departed USES Origin Facility PISGAH FOREST, NC 28768 BREVARD, NO 28712 GREENVILLE, SC 29607 See More Y E rl k Certified Mail # 70151520 0003 5463 4989 Return Receipt Requested April 20, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2017-0135 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty + $116.62 enforcement costs) against-A&D Water Service Inc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of November 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in November 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson; P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $0.00 0 of the 1 violations of 143-215.l (a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ption 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty Q 0Lys of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of .Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (3 0) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the'hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional u isor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC Ga4VW-,WQ'�.Henderson\Wastewater;\4inors':Huntei's Glen o7^<88\LV=2017-0135.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0135 County: Henderson Assessed Party: A&D Water Service Inc/ Hunter's Glen Permit No.: ' NC0067288 Amount Assessed: $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIl'ULATION OF FACTS A&D Water Service Inc ) Hunter's Glen WWTP l PERMIT NO. NCO067288 ) CASE NO. LV-2017-0135 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 20, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days ofreceipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0135 PERMIT: NCO067288 REGION: Asheville FACILITY: Hunter's Glen WWTP COUNTY: Henderson LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter - Frequency Measure Value Value Limit Type Amount 11/22/2016 11-2016 BOD, 5-Day (20 Deg. Weekly mg/1 45 70 55.6 Daily $100.00 C) - Concentration Maximum Exceeded 11/30/2016 11-2016 BOD, 5-Day (20 Deg. Weekly mg/1 30 35 16.7 Monthly $0.00 C) - Concentration Average Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0135 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 55.55%. One MonthlAverage exceeded the permit limit by 16.66%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) . The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ I- NPDES EFFLUENT DISCHARGE NO._ 'I MONTH NOVEMBERYEAR 2016 FACILITY NAME HUNTERS GLEN SUBDIVISION CLASS II COUNTY_ Henderson CERTIFIED LABORATORY (1)_ Environmental Testing RECEWED Division of Water Resources JA 1 7 2017 i Water Quality Regional Operations Asheville Regional Office PERMIT NO. CyO� 28 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBL /4RGE (OVINCENT EDWA S GRADE 4 CERTIFICATION NO. 10940. PERSON(S) COLLECTING SA 4VANCENT EDWARDS RC PHON 828-243-1784 CHECK BOX IF ORC HAS CHANGED ® LOW / DISCHARGE FROM SITE ti1.1 Mail ORIGINAL and ONE :C� ATTN: CENTRAL FILES x DIVISION OF WATER QUALITY ( RE OPERATOR IN BLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH NC 27699-1617 P 1 l YA" 1 9 f)VAddbkATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 7 it 0 m1 50050 00010 'd0400 50060} 00310 00610 00530 31616 00300 00600 00665 00625 00630 W I- Q E H m Ec) do `1. @ w o E U) �r O C O a C O 0 FLOV!! F N _� QN W V F = O Q g o K O tnJ W= Q' U m Q� Oo m N a W Z 00 O a Z Q W W _j QZQ F' W- 0 W m -I w BOu V U- w j E U_0 Q W Z �jW OO X p 0 Z J W QU1 t-0 F z N K �O fx D y nz ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF 0 INF❑ J 1 o 9 TKN Nitrite+ Nitrate ❑ dWafection HRS HRS Y/B/N MGD O 'C1 UNITS UG/L MG/L MG/L MGIL IA100ML MG/L MG/L MG/L MG/L MG/L :::4 ::7.'AS •: Or3 : Y:::•fl fltlrx•:• .........::.::::::::::::::. SS.. ..................................................................... •:...........::: •:::::._::::•:::.::::. 2 10:20 0.4 Y 0.006 r 2 . 4 7:25 0.3 Y 0.006 •t-;;•:.:; 61 0.005 ::: •:•1iLL 1 : o-- •.::•7f:.:•sl� ! ::- :: ta:= :: >:::-:;::.:. ::::::•:;;::•::::::::•:::•: •::•::•:::•::; :•:•:::•:::;:::::::•::•:::::•::::•::: •:::::::•:• ::........ >:.....: � . ; . tea.. ...:- .>......::•::. ��x-... 6 6:55 0.4 Y 0.004 Z 28 y �` :•: Q:. Y •. . 10 6:50 0.3 Y 0.006 15 33 6.2 1 .d 12 0.005 ' 3::=:=::=:: :=:tJ -0fl6:= ...............-.. 1411:40 0.5 Y 0.005 14 7.76 28 0. : .::::. •:::.:_::::::::_.:::.:........... : ...:•::::2: 16 7:25 0.3 Y 0.004 :.....:.. ...:•:. :. :.:::.:: ;•:::.: .................. ... . : ... .................. 18 7:20 0.3 Y 0.004 ...... •......::.:::•::•::::. •::::::::•.:.:::::•. •:::•:.: •.::::•:: •.::::•:::::.::::.:::::•:::•:::•:::•:::•::• 20 0.004 :.•. •:..; .. :..: •::•: • •:::.: ............................ 22 7:05 0.3 Y 0.004 28 70 10 2 '. :: �C •. �.. 'g::::•: ...........................:....::::.:..:::::.:::::. •::•::::::: : •:::.:.::.::::::::. 24 HOLIDAY 0.004 HOLIDAY 2S :g#t1: t} A :: =11:: fl:fltJlk•:V. ................................................................ ........................................................ . 26 0.005 :X.::::;: .......::........ 28 12:05 0.4 Y 0.005 11 6.8 1,28 :2$1 & : Gt::=:C:: =:Sr�iFT •': @. 30 7:15 0.3 Y 0.004 ay :•a} ...... ............ ......... .... ....... ............ .......... ;.t:. Y!: Y..: .....: :• :•: ::•:::: ..... ... ::::::: :•:: :::•::: �• :::•: :•:. ::•::::::. •:: •:::.: .......... :•:. :•:::?•1 _•. AVERAGE 0.005 11.25 C28 35.0 . 36.0 7.78. 1.41 #DIV/01 #DIV/O! #DIV/O! #DIV/01 #DIV/0! :•... ..:. ...... MINIMUM 0.004 10 6.8 �- 28 15 30 6.2 1 0 0 01. 0 0 •:.::::............:::. G 3`'rati Gx. :::.. ......... ......... .................. ... :•: Mon thly Limit .035MGD 6.0-90 . 28 30 30 2001100 21fall 41 r//: DWQ Form MR -I (11/04) facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to he made as required by Part II.E.6 of the NPDES permit. 1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and beliet; true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." A & D Water Service, Inc. Permittee (Please print or e) Si fPermittee*** Date (Required unless submitted electronically) P.O. Box 1407 Pisgah Forest, NC 28768....(828) 884-9772 ... admaint(@citcomnet Oct. 312015 PetmittmAddress:. Phone Number ...-...... email address a PeimitRgiraiionDate:. Certified Laboratory (2) ADDMONAL CERTIFIED LABORATORIES Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4), Certification No. - Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance maybe obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portalmcdenr.orWweb/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data: ,. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. ***Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on . file with the state per 15A NCAC 2B .0506(b)(2)(D).. Pwe 2 ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC, 27699-1617 Subject: Non -Compliance NOVEMBER 2016 Hunters Glen NPDES NC0067288 Dear Sir or Madam; Hunters Glen S/D (NC0067288) was in Non -Compliance for a weekly and monthly BOD for the month of November 2016. To correct the problem I increase the blower timer in the aeration basin and on November 306 dump 3500 gal of seed into the the plant. If you have any question or require additional information, please feel free to contact me at (828)674-2680. N i M1 -AEL S 17EC'Ahtx Certified Mail # 70151520 0003 5463 4989 Return Receipt Requested April 20, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO067288 A&D Water Service Inc Hunter's Glen WWTP Case No. LV-2017-0135 Henderson County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $216.62 ($100.00 civil penalty + $116.62 enforcement costs) against A&D Water Service Inc., This assessment is based upon the following facts: a revjew has been conducted of the discharge monitoring report (DMR) submitted by A&D Water Service Inc for the month of November 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0067288. The violations, which occurred in November 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO067288 and G.S. 143-215.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against A&D Water Service Inc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc. $0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.N00067288, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. $100.00 TOTAL CIVIL PENALTY $116.62 Enforcement Costs $216.62 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying th'e damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Fption 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty Q 0) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 733-2698 Fax: (919) 733-3478 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC U'R'R`A'Q'`.Eienderson\��a,teH-nrer,Sfinurs ElunLer Glen 67288U-^_017-005.rtf JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2017-0135 County: Henderson Assessed Party: A&D Water Service Inc/ Hunter's Glen Permit No.: NC0067288 Amount Assessed $216.62 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting- whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § , 143 B-2 82. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.l(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will. prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HENDERSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST A&D Water Service Inc Hunter's Glen WWTP PERMIT NO. NCO067288 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. LV-2017-0135 Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 20, 20171 the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of - 120 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A A&D Water Service Inc CASE NUMBER: LV-2017-0135 PERMIT: NCO067288 FACILITY: Hunter's Glen WWTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent REGION: Asheville COUNTY: Henderson Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 11/22/2016 11-2016 BOD, 5-Day (20 Deg. Weekly mg/I 45 70 55.6 Daily $100.00 C) - Concentration Maximum Exceeded 11/30/2016 11-2016 BOD, 5-Day (20 Deg. Weekly mg/I 30 35 16.7 Monthly $0.00 C) - Concentration Average Exceeded 0 NPDES 1� RECEIVED Division ofWater Resources i I •FAIN! 1 7 2017 Water Quality Regional Operations Asheville Regional Office PERMIT NO.(37288 EFFLUENT DISCHARGE NO. 1 MONTH NOVEMBERYEAR 2016 FACILITY NAME HUNTERS GLEN SUBDIVISION CLASS II COUNTY_ Henderson CERTIFIED LABORATORY (1)_Environmental Testing (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBL A GE (OVINCENT EDWA S GRADE 4 CERTIFICATION NO. 10940 PERSON(S) COLLECTING SA1 INCENT EDWARDS RC PHON 828-243-1784 CHECK BOX IF ORC HAS CHANGED ® LOW / DISCHARGE FROM SITE Mail ORIGINAL and ONE=C`OSY.o 2017 �� ATTN: CENTRAL FILES x J DIVISION OF WATER QUALITY A( RE PERAI IN BLE CHARGE) DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 CG�1 TE AND COMPLETE TO THE BEST OF BAY KNOWLEDGE. 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QO FO OFF Z rn QO F= Oa ''o IL ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW EFF ❑ INF❑ TKN Nitrite+ Nitrate �F G ❑ UV tti�nrectiun HRS I HRS Y/B/N MGD 0'C UNITS UG/L MG/L MG/L MG/L #I100ML MG/L MG/L MG/L MG/L MG/L :•:•> •: 7AS :`0 3 : Y:•::•fl fir¢.; •. 28 ........................................................................... . ..................... 210:20 0.4 Y 0.006 ,. ...............:::::::: •:•:;75:•::• •:<•:3Q•::::: 9t&::.; : •::.1;:;::::. � ::::.............:. � .: � :: •::::: •:::::::•::•::: �:'°a� 5ar. ='• .�Q. • ;gq.: . 4 7:25 0.3 Y 0.006 :S .::.:.:..:.:`.:..:. `.... 41 flD '::::: 5 t- 6 0.005 $..................................................................................... .._ .. �x.. ..:::. 8 6:55 0.4 Y 0.004 ' 281AID •y::::. •:•D Y.; ::::.::.........:::.:::::...... %:::•:::.: •::.:::......: •:. :•::• •. ::::::::.:::.::::. •. 10 6:50 0.3 Y 0.006 15 33 6.2 1 :a t: =: 12 0.005 dA 1411X.:40 0.5 Y 0.005 14 7.76 28 i)FI ..................... 28. .................................. .................... .................. ......... ........ ..................::::.::.:.::• 16 7:25 0.3 Y 0.004 ..... c:ji': ::::::::.:::•: •:: ••. :.::::.::::.::::.:::.:. 18 7:20 0.3 Y 0.004 20 0.004 22 7:05 0.3 Y 0.004 28 70 < 10 2 .... 3 .............. . :::: y::; ..:.............. :;:. ............::: :.;;.; 0 •:::.:. ::.. c g: 24 HOLIDAY 0.004 HOLIDAY 0tfltJi4 ................................................................................. .................................................. ............ 26 0.005 27 :=:::::=::: fl f1E15:::.::::::::::::` :::: 2812:05 0.4 Y 0.005 11 6.8 Z28 30 7:151i 0.3 Y 0.004 ay a�t $rii: r.::ii'• AVERAGE 0.005 11.25 L C28 35.01 36.0 7.78. 1.41 #DIV/O! #DIVIO! #DIVIO! #DIV/01 #DIV/O! :....:.:.:.............:::. :.4:•:::•::: ':::....X. •. ...ox . MINIMUM 0.004 10 6.8 28 15 30 6.2 1 0 0 0 0 0 .......... ......... .... axix Month) Limit .035MGD 6.0-90 . 28 30 30 200/100 DWQ Form MR -I (11/04) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Ll Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. 'I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." A & D Water Service, Inc. Permittee (Please print or e) Sjgu4tdWfPermittee*** Date C (Required unless submitted electronically) P.O. Box 1407 Pisgah. Forest, NC 28768....(828) 884-9772 ... admaint(a2citcom.net Oct. 312015 PeimitteeAddress..:c Phone Number ' . -: ' e-mail'address ' Peimit Expiration Date:..-. ; ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/s,Ap/ps/npdes/appfomis. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.,. * No Mow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. 'Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Paee 2 3 12/1/16 ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL, SERVICE CENTER RALEIGH, NC, 27699-1617 Subject: Non -Compliance NOVEMBER 2016 Hunters Glen NPDES NCO067288 Dear Sir or Madam; Hunters Glen S/D (N00067288) was in Non -Compliance for a weekly and monthly BOD for the month of November 2016. To correct the problem I increase the blower timer in the aeration basin and on November 301h dump 3500 gal of seed into the the plant. If you have any question or require additional information, please feel free to contact me at (828) 674-2680. DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File) Violator: A&D Water Service Inc Facility Name: Hunter's Glen WWTP Permit Number: NCO067288 County: Henderson Case Number: LV-2017-0135 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 55.55%. One Monthlyage BOD exceeded the permit limit by 16.66%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. The amount of money saved would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $116.62 Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Certified Mail # 70.15 1520 0003 5463 3135 Return Receipt Requested March 23, 2017 Aubrey L Deaver A&D Water Service Inc -PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0190 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: -A:review=of-the Novernber:2016.Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) -indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 11/22/2016 45 70 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2016 30 35 Monthly Average. Exceeded . Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars. ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical. assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. . If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, a G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES Compliance/Enforcement Unit - Enforceme Vincent Edwards/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Hunters Glen 67288\NOV-NOI-2017-LV-0190.rtf 01�C4CP„I ��v.S44�y[117 1 4a7�rn R`'EE `.l,A �w SAYI)illlrtRltAN Certified Mail # 7015 1520 0003 5463 3135 Return Receipt Requested March 23, 2017 Aubrey L Deaver A&D Water Service Inc PO Box 1407 Pisgah Forest, NC 28768 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2017-LV-0190 Permit No. NCO067288 Hunter's Glen WWTP Henderson County Dear Permittee: A review of the November 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated -beloW:- Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD,.5-Day (20 Deg. C) - 11/22/2016 45 70 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 11/30/2016 30 35 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section E. the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Cc: - WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Vincent Edwards/ ORC G:\WR\WQ\Henderson\Wastewater\Minors\Hunter's Glen 67288\N0V-N0I 2017-LV-0190.rtf North Carolina Department of Environmental Quality Division of Water Resources Water Quality Operations Section 2090 U.S. Highway 70 wannanoa, NC 28778-8211 1a? o ti ,its 1 co REQUESTED zVVI 'o PUTNEY BOWES 02 1 P $ 006o466 0000881424 OCT 26 2016 MAILED FROM ZIP CODE 28778 7014 0510 0000 4466 4149 Aubrey Lewis Deaver A & D Water Service, inc Post Office Box 1407 Pisgah Forest, 1)'' 56998>9999 Id NOTICE r, (/D4� P 3= r I A-C.omalete items 1� 2 and I A. Signature ❑ Agent 1 .North Carolina Department of Environmental Quality � '❑ Addressee i 'Division of Water Resources ecalved by (Printed Name) C. Date of Delivery, I i Water Quality Operations Section { L 2090 U.S. Highway 70 . Swannanoa; NC 28778 delivery address different from item '1? ❑ Yes j YES, enter delivery address below: ❑ No I Aubrey Cewis Deaver 1 I A & D Water Service, Inc. I I Post Office Box 1407 I Pisgah Forest; NC 28768-1407 _ ill�l�ll,LW � ice . _ _ n n ce Type ❑ Priority Mail Express® El istered Mall"m ILLIIIIII I�I�'I �� ���I �� I ❑Adult dult Signature Restricted Delivery ❑ Renature gistered Mail Restricted l = I II I III 1� II II� i 1 9590 9402 1846 6104 5573 40 Certified Mail® rtilled Mall Restricted Delivery elivery for eruohand ' 2. Article Number (transfer from service label) ❑ Collect on Delivery selpt ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM ail ❑ Signature Confirmation 1 PAs 7 0.14, 0 51 0.0' 4 4 6 6 414 9�it Restricted Delivery Restricted Delivery 1 'PRESERVE I LIU ALLI-j-1 PS F rm: 3811, July 2015 PS 7530-02-000-9053 A(Q�/ ,j (Q _ L I/, 05g Domestic Return Receipt �.� CANE ENVELOPES rh—i; .. 0..L U.- A.. - Ia-..., —.-'c North Carolina Department of Environmental Quality division of Water Resources Hater Quality Regional Operations Section ?090 U.S. Highway 70 iwannanoa, North Carolina 28778 � J \ubrey Lewis Deaver ' & D Water Service, Inc. 117 Kira Lane lendersonville, NC 28739-0318 1111111111 IN IT 11111 9590 9403 0672 5196 9569 73 9 701 2 1196516 ❑ Agent n Arirlra C. drQ efferent C- iterp 1? ❑ Yes delivery adoiMT b9low: ❑ No &OP ems Q`ep��'b O y $ Serviclype ❑ Priority Mail Express® ❑ A ult Signature .❑ Registered MaIITM ❑ d It Signature Restricted Delivery ❑ Reglstered Mail Restrict Certifled Mail® Delivery ertified Mail Restricted Delivery .d49etum Receipt for ❑ Collect on Delivery Merchandise' ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT �I I Mail�Rlesti1 I I ❑ Signature Confirmation I I I Restricted Delivery ctedl Deliveryl nrn —k . DC Gnrm `iR1 i c Anril gni R:I7Cne 75an-ro_nnn-onr rt K1411— 7 A. I- - / 1/ _n??/7 nnmostin- Ratnrn UNITED STATES:T MAUI'1 1644• First -Class Mail Postage & Fees USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box* JANET..-ELL NCOE"WR.WOROS 2090 U.S. HIGHWAY 70 SWANHANOA NC 28773 1111111111111111111111111111111111111111111,s9o940,oe,.s,9,9589,3 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return-the_card to you. Aubrey Lewis Deaver �E A & D Water Service, Inc. Rost Office Box 1407 R+sgah Forest, NC 28768-1407 1�1�!illlll�lllltl�lill��llrrl��nlrr��r���l 1111111111111111111111 III 1 IN 1111111111111 9590 9402 2119 6132 6470 99 o—Ariinl-NiimhArfrransfer-from-service-label) 70111.111,3101100O1 PC Pnrm RR11 s.ir,h,gn•i.,PGN 72;Rn-n9-nnnl QnFR i III Received by (Punted Name) C. r2 ` Is deli 4 address different rom item 1? If YF enter de ii ery address belov); ❑ent L9 Addressee Ire CO V j 3. Servic[y ]e _ram, ❑ trjority Mail Express® ❑ Adult S• at 're 1 W ign u❑egisteredMal . ❑ Adult Signature Restricted Delivery- ' ❑ Registered Mail Restrict Certified Mail® - Delivery rtified Mail Reshicted Delivery'teturn Receiptfor ''MMerchandise ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation - r�l p Signature Confirmation 81 f 114ailtReltriclteld Delivery, J Rest ricted Delive, n -r Q A 7 ' I . ^ % Y/ (® nnmactir•. RPti irn Ra7!a4in USPS TRACIONG # First -Class Mail Postage & Fees Paid USPS Permit No. G-10 95 s 6470 99 nit d iateS • Sen er: Please print your name, address, and ZIP+4® in this box* OS O(YICe o m L <: (p (� JANET CANTWELL O NCOE043 RA91OROS 2090 U.S. HIGHWAY 70 ' SWANNANOA NC 28779 oa o Nm o� m c°0 m 0 07 ■ Completefiems T' 2,17 r4dd 3. E-EL ■ Print your name and address on the reverse,! so that we can return the card to you. Aubrey Lewis Deaver A & D Water Service, Inc. - Post Office Box 1407 Pisgah Fost, NC 28768-1407 f - IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIl�111111-�� 9590 9402 2119 6132 6430 77 .SeceivOg Ui .(Pdi?ted Name) ` C. Date Dell ,i deHr tg ro rl item 1? es 1YES, £1 fdeYJB*gMewAF&w: ❑ 4o R' J U N 2 V 2017 glonal��e.i��ste_red_ ry�1aiTM Delivery ❑ RegisteredTJlail Restricte ❑r,ertified Mail Restricted Delivery „p'raeturn Recelpt for ElCollect on Delivery erchandlse ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM "Nall ❑ Signature Confirmation 7 4 T i 1 7 0 I 0 n 11 16 7 'i 8 2141i i l l bj�I �es•Itr f—f rl.lih ., Restricted Deliverv/\ PS Form 381,1,.JUIv 2015 PSN 7530-02-000-9053 i_ -2A / 11- /I/ Domestic Return USPS TRACKING # First -Class Mail Postage & pees Paid USPS Permit No. G-10 9590 940Fn19 6132 6430- 77 United States Postal Service SiJ ature ■ Complete items 7, 2, and 3. A. 0 Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. A"-11, iL.:n -A 4-- +M., ti,,..r. —F 4k—--;I..c--- B. Aeseiv i by (Printed e) . Date of Delivery Aubrey Lewis Deaver A.& D Water Service, Inc. Post Office Box 1407 Pisgah Forest, NC 28768-1407 i�.I�i�i�llli�lllltl�lul�rll�tlr�ul�rri���nll�ll��.il�nit�r.!I 'ivery addres om item 1? ❑ Yes S, ent ddreow: ❑ No II I II'lll IiII III I I III otered Mal" * Mail lRuge treAultSiedt tstered Mall y euuryIIIIIIIIIIIII III III ❑eMli2 t9590 9402 2119 6132 6488 67 ifled a6Wary rnReelptfor ❑ Collect on Delivery Merchandise ❑_ Collect on Delivery Restricted Delivery ❑ Signature Confirmatlo *1 alma.tw,mh�flransfecfrorrLser_vice labe0 qe�i ❑ Signature Confirmatio 7 015 1520 0 0 0 3 5 4 6 3 4989 no�i Restricted Delivery Restricted Delivery' PA Purim RR11ill I.full; 9hl R i3 NM!7 an:ro_ririn_an-.q' 1 % /, -)A J fl n / ? 47' r]nmwstir. Return USPS TRACEN IG # 9CLaL2 2119-6132 6488 67 n te"tates • Se der: Please print your name, address, and JANET CANTWELL NCOEG-0WR.WOROS ID �p � 2090 U.S. HIGHWAY 70 SWANNANOANC 28778 cr) �? D mO 4 y �. a° co First -Class Mail Posfage &Fees Paid LISPS Permit No. G-10 in this box* I ■ Complete items 1, 2, and 3. rti ■ Print your name and address on the reverse X _so_that we.caareturn-the-card_to vou. Aubrey Lewis.Deaver A & D Water Service, Inc. Post Office Box�49:7 Pisgah Forest, NC 28768-1407 ill�l�i�llli�llllll�lnl�lllllll�nllllil��nlllllilil�nll�l!� IIIIIIIII IIII IIIIIII IIII II IN IIIIIIIII I I III 9590 9402 2119 6132 6483 00 15 ° Agent ❑ Addreddre ssee veoi by (Pdnted#V=p) r. j % Date of Delivery MAR 2:g`'�7 3. Service T pe - ❑ ❑ Adult Signet ❑ ❑AdultSignature strlc�eD�el�lry �1 ❑ mortified Mail Restricted ❑ Collect on Delivery 313195 ac Fnrm StR11 .i,dv 9nis acnf Iran-nc-nnn-ongz Ali) — 1? ❑ Yes ❑ No Mail Express® red Mallm red Mall Restdctf Delivery❑ Signature Confirmation" 1 i1{ Signature Continuation y • 1. I t !Restricted Delivery /i � / 1/`.11'14 � •� � 4-lnmactir. Rail ern USPS TRACKING # 9590 9402 A19 6132 6483 00 your name, address, and JANET CANTWELL NCOEO-0WR.WOROS CA.)•.yam" 2090 U.S. HIGHWAY 70 0 SWANNANOA NC 28778 m� First -Class Mail Postage &.Fees Paid USPS - Permit No. G-10 in this box• Ild-111-11jillil-11,.1111,-ij-iliil--iillli-liilsills 11-i11111-