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NC0071862_Regional Office Physical File Scan Up To 12/7/2020
YLr' Certified Mail # 7016 1370 0001 65718898 Return Receipt Requested July 14, 2017 Henry K Odom 1 Ariel Loop_ Hendersonville, NC 28792-9583 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0149 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Permittee: A review of the ARril 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent Chlorine, Total Residual (50060) 4/1/2017 2 X week Frequency Violation 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. If the above parameter was left off inadvertently, please send revised EDMRs to Raleigh. 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 CM`40-S*AsheaililesR -g�"'io niffli-e"ITnnor'rc��"e *rile NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Mlnors\Magnolia Place 71862\NOV-2017-MV-0149.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Certified Mail # 7015 1520 0003 5463 2749 Return Receipt Requested February 6, 2017 Henry K Odom 1 Ariel Loop Hendersonville, NC 28792-9583 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0095 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Permittee: A review of the August 2016 Discharge Monitoring Re ort(DMR)for the subject facility revealed the violation(s indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 8/22/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. 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., Regiona upervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Vic: WQS As eville Ftegio- naI Offic Enfo ementIF re- - NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Henderson\Wastewater\Minors\Magnolia Place 71862\NOV-2017-LV-0095.rtf 09-o wend. PERFORMANCE ANNUAL RE For 2011 Year I. General Information: Facility/System Name: MAGNOLIA PLACE Responsible Entity: Henry Odom MAR 9 2012 Person in Charge/Contact: Henry Applicable Permit(s)tff- Odom L p n 77�1 -- WATER QUALITY SECTION A,5HEVILLEREGIONAL OFFICE Description of Collection System or Treatment Process: A gravity system consisting of at a minimum I mile of sewer coffeai0'h'*1erT 12" Pipe with 2 manholes. WWTP consists of a dual extended aeration basininfluent bar screen with splifter box, individual clarifiers, sludge holding tank, tablet chlorination and de chlorination, chlorine contact chamber and effluent Pump station. 11. Performance: 12 Month Performance for NPDES NCO071862 MONTH Highlights Deficiencies January No violations/defic'jencies February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies OV A 42 " 100 May No violations/deficiencies 7- 11f1 MAR 20 June No violations/deficiencies LDEN-� L W�TE� Q aU;0j�NT SopCE July No violations/deficiencies August I No September I VVI=Aly rrauaj vioiaxiontcieaned Chlorine Tubes, Dechlor Tubes, and the Weir) i 7n. The enclosed Performance Annual Report has been amended to add pg. 3. Page three shows the 'notice that we have placed on our community bulletin board (as per regulations required). We inadvertently missed attaching this to the original form sent in, and sincerely apologize.. Sincerely, 0- Henry K. Odom Magnolia Place NU.. �r r 4� z , MAR 2 3 2012 1 r� � , I ;.. s' WATER CUAUTY SECTION v ♦ 1 �. MAR 22 2012 PLEASE BE ADVISED THAT THE CONSUMER CONFIDENCE REPORT AND THE PERFORMANCE ANNUAL REPORT ARE BOTH AVAILABLE FOR YOUR REVIEW. PLEASE CONTACT MAGNOLIA PLACE AT 828-685-9520. A COPY IS AVAILABLE UPON REQUEST. The enclosed Performance Annual Report has been amended to add pg. 3. Page three shows the notice that we have placed on our community bulletin board (as per regulations required). We inadvertently missed attaching this to the original form sent in, and sincerely apologize. Sincerely, Henry K. Odom Magnolia Place a ..•b;;xx.•e.o'...«s�.+`1..\;a.jtir;sq<car.i::-��i; •m..-�s.•,: �. •..k,. LIAR 2 1 2012 s WATER QUALITY SECTION r ASHF_VILLE REGIONAL OFFICE t. PERFORMANCE ANNUAL REPORT For 2011 Year General Information: Facility/System Name: MAGNOLIA PLACE Responsible Entity: Henry Odom Person in Charge/Contact: Henry Odom Applicable Permit(s): NC0071862. Description of Collection System or Treatment Process: A gravity system consisting of at a minimum 1 mile of sewer collection lines consisting of 6" 8" & 12" pipe with 2 manholes. W'IfiiTP consists of a dual extended aeration basin influent bar screen with splitter box, individual clarifiers, sludge holding tank tablet chlorination and de - chlorination, chlorine contact chamber, and effluent pump station. II. Performance: 12 Month Performance for NPDES NCO071862 MONTH Highlights Deficiencies January No vioiations/deficiencies February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies May No violations/deficiencies June No violations/deficiencies July No violations/deficiencies August No violations/deficiencies September Weekly Fecal violation(cleaned Chlorine Tubes, Dechlor Tubes, ' and the Weir) October No violations/deficiencies November No violations/deficiencies December No violations/deficiencies III Notification: A copy of this report is on file with the owner (Mr. Henry Odom) and is available upon request. Also, have posted a copy on Magnolia Park bulletin board to be available to each user. IV Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Date 2 PLEASE BE ADVISED THAT THE CONSUMER CONFIDENCE REPORT AND. THE PERFORMANCE ANNUAL REPORT ARE BOTH AVAILABLE FOR YOUR REVIEW. PLEASE CONTACT MAGNOLIA PLACE AT 828-685-9520. A COPY IS AVAILABLE UPON REQUEST. C PERFORMANCE ANNUAL REPORT For 2010 Year 1 fK Il "`.-� i? t C4 U t _ ' FE I. General Information: ,;B - 4 2011 I j L Facility/System Name: MAGNOLIA PLACE w R Q� LITY-SECo j Responsible Entity: Henry Odom i----�'�� U!LLc r�G;O Person in Charge/Contact: Henry Odom ------ Applicable Perm it(s): kN'@RU11r z�,A°��• .�., Description of Collection System or Treatment Process: A aravitv system consistina of at a minimum 1 mile of sewer collection lines consistinq of 6",8" & 12" pipe with 2 manholes. WWTP consists of a dual extended aeration basin, influent bar screen with splitter box, individual clarifiers, sludge holding tank, tablet chlorination and de - chlorination, chlorine contact chamber. and effluent pump station.. II. Performance: 12 Month Performance for NPDES NCO071862 MONTH Highlights Deficiencies January No violations/deficiencies February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies May No violations/deficiencies June Weekly Fecal Violation (cleaned Cl contact chamber, weirs, and Cl. Tubes) July No violations/deficiencies August No violations/deficiencies September No violations/deficiencies /4 October No viol ations/deficiencies'-- November No violations/deficiencies JAN 2 7 2011 December No violations/deficiencies LpsNi-; 5 y-$- Qu n POINT BQURCE sEaNC III Notification: A copy of this report is on file with the owner (Mr. Henry Odom) and is available upon request. Also, have posted a copy on Magnolia Park bulletin board to be available to each user. IV Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability`. /- 22 ResponsibI16 Person Date Title: � ew' Entity: 'a. Qc-e - 2 PLEASE BE ADVISED THAT THE CONSUMER CONFIDENCE REPORT AND THE PERFORMANCE ANNUAL REPORT ARE BOTH AVAILABLE FOR YOUR REVIEW. PLEASE CONTACT MAGNOLIA PLACE AT 828-685-95200 A COPY IS AVAILABLE UPON REQUEST. fA r®e NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Henry K. Odom Magnolia Place Mobile Home Park 1 Ariel Loop Hendersonville, NC 28792 Dear Permittee: Donald R. van der Vaart Secretary May 28; 2015 Subject: Acknowledgement of Permit Renewal Permit NC0000311 Henderson County The NPDES Unit received your permit renewal application on May 19, 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 at (919) 807-6398. Sincerely, W sre*v TktAfiorab Wren Thedford Wastewater Branch cc: Central Files �l�le�T��eabnal Office NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N: Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492/Customer Service: 1-877-623-6748 Internet:: v Mx.no!aier.orr7 RECEIVED Division of Water Resources JUN - 5 2015 Water Quality Regional Operations Asheville Regional Office An Fqual OpporkmityVAffirmative Action Employer May 14, 2015 Dear Mr. Thedford, RECEIVED/DENR/DWR MAY 1 9 2015 Water Quality Permitting Section Thank you for your attention to this permit #NC0071862. Enclosed you will find the necessary paperwork for the request of renewal of our permit. There have been no changes to the facility from the date of the last permit. If you have any questions regarding the permit renewal please contact us at (828)685-9520 or email us at magnolia placeretirementpark@,gmaii.com. Again thank you for handling the renewal request. Sincerely, Henry K. Odom Magnolia Place MHP 1 Ariel Loop Hendersonville, NC 28792 (828)685-9520 RECEIVED Division of Water Resources JUN - 5 2015 Water Quality Regional Operations Asheville Regional Office NPDES 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 Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 %/, � c/o -51 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 tl/ ( $Z�) 915 �i 2 f� Perm ti Quality S®won 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or.State Road f' �r�t� l ���� ��� fir• �g City PdP,.�51 Y► I!i �� State / Zip Code AIC 42 9/ 9 92 County C' C e f6'r" 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) I �1 Name 4,1010 *'1/ Mailing Address FJ r f i l L city pw'\ 5pnV1 t State / Zip Code & C fig? 9�z Telephone Number (g s) 6 _ 9�2 0 Fax Number 42-g) 6y5_ q5''�_o e-mail Address 1 of 4 Form-1) 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential School ❑ Other ❑ Number of Employees Number of Employees Number of Homes Number of Students/Staff Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): 16 Number of persons served: 16111) 5. Type of collection system [� Separate (sanitary sewer only) ❑ Combined, (storm sewer and sanitary sewer) S. Outfall Information: Number of separate discharge points Outfall Identification number(s) 00 / Is the outfall equipped with a diffuser? ❑ Yes No 7. Name g# receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): 8. Frequency of Discharge: Z 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 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. bus 1 n �- Ted/E� �`//�r��� ��v1) ""'d kl//L-/ ve —(-No J1c��/pry? 2of4 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters 0.0 MGD 10. Flow Information: Treatment Plant Design flow , 0:3 0 MGD Annual Average daily flow , OC3 MGD (for the previous 3 years) Maximum daily flow 00.39,MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ["No 12. Effluent Data NEW 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 vour permit. Mark other parameters "N/A" Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD,) Fecal Coliform a Total Suspended Solids O SG Z/_ Temperature (Summer) CNI j ad D Temperature (Winter) o2 , 0 r oC p1H 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) W/A UIC (SDWA) ni - Y 5 1 7 a NPDES //jyq PSD (CAA) Non -attainment program program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number eyZg IVIX N-f4 I certify that 1 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. Printed name nature of Applicant Date C 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 4 Form-D 9/2013 May 14, 2015 Sludge Management Plan Magnolia Place MHP Permit #NC0071862 When sludge accumulates at the wastewater plant, a septic pumping company is called and they remove sludge with the proper equipment and truck. The current company I am using is "'Mike's Septic". Once sludge is removed it is transported to Brevard City Facility and properly treated there. y (%!".'�.' ���,• � �J���✓�I•} 0'/• 1 I 1``�\--==1��� � 'ear •r ek � � \�\} i •i\; „����...�:• �• ���`� r l�i/" {�%� 0.• ZZ�; ni11- i1\`` °;���d �, `�' �h 1 `�� �• j�L�� c: i t 1 ?��� r - \ Mile a'00 •114/, :� `� 'n t� iIl �" •r t ((\/o " • I,�� '�. ill -�_,,• `I `. j �,�°y � . � �/ � � �j �o e S n 0il- . \ 1 -,� ' o ' S •ai( •• \� Vie. ' zi �� �`�i f j'�,( � •���._.�• �����\��, � J �-��f. Discharge �' ,. �; .�� t . . �� ., r S• \ ,�\ `�, - ro� Location �'�1 _ • �'1p ,-� ,�?: �� 1� ��� it �'� �' _ •� 1\��;. � �_ _ter/ I� � • • e r�I' � ,n"U ' � arxet rj` �`�� � . � �` I I ..r' - _ ��•' `" � i.. •t �X^�_„ y�/ C� O o.- ; �/ Z t�,�� :�_� �j,lq - • �`� e C, ,l \ (t "� .'r�=' L� �� `'/.��� � � � atop `� v. -- ey 1� r �^ _ J' � �:� - ` � ` � 1 Ire `�,�� � `� I•J�:�i (i� \` . "'..i' 1 n .� %/� �\.��-IN \` ,n� (� isDo last \ • � � '•� �, 210 \�-�1 : • • E ne2 � � ' � �—� � t��l . � /' _ ✓ '.i,P In � \� _�G/�V _ � �� ` � i � D �I �I . 1 ��' :a o/ i��. r 4 'Rr � r•� _ . ii' f\. \mot, - ii I ler p k 1 {; it Owe `\\t.. ��-• (C ✓iris — �: ° •� i\ �: � •^ '�\. Ix` '�,�� ��,�. :f r � : �� n ,, �6 .. �, ;� � ` � as 'sObl. ' • , � `�\•`,`• , ��•W) � , �" _)� • It. � 1' X •Ill � ? i ` � a �1` `= ; J� r `� v - \` •`� 2. • � • V . / it �," • \1:t ij43 • e � • U c� Facility Information Facility u s -34 . fi A . �� . z 3 a � tl Latitude: 35022'06" Sub -Basin: 04-03-02 Location n"w Longitude: 82°25' 15" Ouad Name: Hendersonville Stream Class: Receiving Stream C Clear Creek %O��h In Henry Keith Odom - Magnolia Place Mobile Home Park NCO071962 1 Henderson County 0 L , S\C1 END North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 15, 2015 Henry K. Odom 1 Ariel Loop Hendersonville, NC 28792 SUBJECT: Compliance Evaluation Inspection Magnolia Place WWTP Permit No: NCO071862 Henderson County Dear Mr. Odom: Donald R. van der Vaart Secretary Enclosed please find a copy of the Compliance Evaluation Inspection Form from the inspection conducted on 12/15/2014. The facility was found to be in compliance with permit NC0071862., As a reminder, your permit expires November 30, 2015. The renewal application is due 180 days prior to expiration. . Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call meat (828) 296-4685. Sincerely, Beverly Price Environmental Specialist Enc. cc: MSC 1617-Central Files -Basement Qshevlle�File G:\WR\WQ\Henderson\Wastewater\Minors\Magnolia Place 71862\CEI.12-15-14.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296A500 FAX: 828-299-7043 Internet: http://portal.ncdenr.orgtweb/wq An Equal opportunity \ Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 'Water Compliance Inspection Report-. Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) TransactionCode NPDES' yr/mo/day Inspection Type Inspector Fac Type 1 IN 1 2 15 1 3 I NCO071862 I11 12 14/12/15 17 18 1'-1 %. 19 I s,i 201 211 �II�I IIII�IIIIIIIIIII�� II�III 11 f6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 CIA -- —Reserved---.----., 67 70 I, 71 I I 72Nj 73I 75I I I I I8011 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) 10:OOAM 14/12/15 10/12/01 Magnolia Place WWTP 1 Ariel Loop Exit Time/Date Permit Expiration Date Hendersonville NC 287929583 11:15AM 14/12/15 15/11/30 Name(s) of Onsite Representative(s)Mfles(s)/Phone and Fax Number(s) Other Facility Data . /// Henry Keith Odom/ORC/704-665-9520/ - Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Henry Keith Odom,1 Ariel Loop Hendersonville NC 287929583/Owner/828-685-9520/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)-and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Beverly Price Division of Water Quality//628-296-45001 l( SignatuTfiinag�ement A Reviewer Agency/Office/Phone and Fax Numbers c D to EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 1 31 NC0071862 I11 12 14/12/15 17 18 i ' I Section D: Summary of Finding/Comments (Attach additional lss Iheets of narrative and checklists as necessary) The effluent pH was 7.5. The maintenance records were complete. One blower motor was not operational; the motor is on order from Grainger. The 22.5 degree effluent v-notch weir was verified as close as possible using a carpenters square. Calibration records for pH and chlorine appeared to be complete and accurate. The facility appears to be operating according to the permit. Page# 2 Permit: NCO071862 Owner - Facility:, Magnolia Place NNVrP Inspection Date: 12/15/2014 Inspection Type: Compliance Evaluation. Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application?. Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Permit expires 11/30/15. Operations $ Maintenance 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: Settleometers 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: Yes No NA NE ❑ ❑ E ❑ 0 ❑.❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ Yes No .NA NE ■ ❑ ❑ ❑ ■ El- ❑❑ ❑❑ ■❑, Bar Screens Yes No NA NE Type of bar screen a.Manual. . b.Mechanical ❑. Are the bars adequately screening debris? 0 ❑ ❑ ❑ Is the screen free of excessive debris? 0 ❑ ❑ ❑ Is disposal of screening in compliance? 0. ❑ ❑ ❑ Is the unit in good condition? 0 ❑ ❑ -❑ Comment: There are two manual bar screens on the upper WWfP. The first screen is rusted but still works. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? N ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ E ❑ Page# . 3 Permit: NCO071862 Owner - Facility: Magnolia Place VVVViP Inspection Date: 12/15/2014 Inspection Type: Compliance Evaluation .Secondary Clarifier Yes No NA NE Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? S. ❑ ❑ ❑ Is the site free of evidence of short-circuiting? 0 ❑ ❑ ❑ Is scum removal adequate? 0 ❑ ❑ ❑ Is the site free of excessive floating sludge? R ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ N ❑ Is the return rate acceptable (low turbulence)? N ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth) ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ N ❑ Are the diffusers operational? ® ❑ ❑ ❑ Is the foam the proper color for the treatment process? E ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? S ❑ ❑ ❑ Is the DO level acceptable? ❑• ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ 0 ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ E ❑ ❑ Are the tablets the proper size and type? N ❑ ❑ ❑ Comment: Tablets are stored in an out building. Are tablet de-chlorinators.operational? ® ❑ ❑ ❑ Number of tubes in use? 2 Comment: Tablets are stored in an out building. Page# 4 Permit: NC0071862 Owner - Facility: Magnolia Place VWUrP Inspection Date: 12/15/2014 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? / Comment: Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ 2 • ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ . 0 Page# 5 9-1-2015 Dear Mr. Davidson, The enclosed DMR is corrected for the month of May 2015. It was accidentally marked compliant when it should have been marked non -compliant. We were over on the Fecal Coliform on one daily (May 1 I'h). The chlorine and dechlorine tubes were pulled and washed and the lift station was also washed down. The following week was back to normal showing the Fecal Coliform back to a 1. We are sorry for the mistake and the inconvenience. Please let us know if there is anything further we need to do. Thank you for your time and attention to this matter. Sincerely, Henry K. Odom Magnolia Place 1 Ariel Loop Hendersonville, NC 28792 (828)685-9520 ?`.._ iwf..::: r•:.•>'5..:•FY'�!: �.,�.,. ..,..:YK..•nrv�.y.J,:C�a^t: 'J':�.�.�___.._. -..S .RECEIVED. Division of Water Resources SEP - B 2015 Water Quality Regional Operations Ili Asheville Regional Office �.':ni;:.y.:C f"r,C'S�.cty..`::<5.�'^s:.(;y:..,.:�.J'iE.;r'J•�Ex`'.Md,S)=.'eifP,�:^Gi h.,,:.J:. .:! NCIDENR '-OLD North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Henry Keith Odom 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Dear Mr. Odom: Donald R. van der Vaart Secretary August 25, 2015 Subject: NOTICE OF VIOLATION NOV-2016-LV-0539 Permit No. NCO071862 Magnolia Place WWTP Henderson County A review of Magnolia Place WWTP's monitoring report for May 2015 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 05/11/2015 400.00 #/100ml 600.00 #/100ml Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should,have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office cc: W,=Aiai�elle e SC 1617-Central Files -Basement G\WR\WQ1HendersonlWastewater\Minorslrvlagnolia Place 718621N0V-2015-l_V-0539.dcc Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax:.(828) 299-7043 Internet: http.liportal,ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer &14 7.12 NCDENR North Carolina Department of. Environment and Natural Resources Pat McCrory Governor Mr.' Henry Keith Odom Magnolia Place 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Dear Mr. Odom: Donald R. van der Vaart Secretary March 234 2015 0 Subject: NOTICE OF VIOLATION NOV-2016-LV-0199 Permit No. NCO071862 Magnolia Place WWTP , Henderson County A review of Magnolia Place WWTP's monitoring report for December 2014 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 12/15/2014 400.00 #/100m1 600.00 #/100ml Daily Maximum Exceeded. Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. . The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have a_ny questions, please do not hesitate to contact.Janet Cantwell or me at 8281296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office 6-e-1IVQ Asheville4Flles'� MSC 1617-Central Files -Basement G:\WR\WQ\Henderson\Wastewater\Minors\Magnolia Place 718621NOV-2016-W-0199.doc Water Quality' Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 Fax: (828) 299-7043 Internet: http://portal.ncdenr.org/weblwq An Equal Opportunity/ Affirmative Action Employer I NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Henry Keith Odom Magnolia Place 1 Ariel Loop - Hendersonville, North Carolina 28792-9583 Dear Mr. Odom: Donald R. van der Vaart Secretary March 19, 2015 Subject: NOTICE OF VIOLATION N OV-2016-MV-0040 Permit No. NCO071862 Magnolia Place WWTP Henderson County A review of Magnolia Place WWTP's monitoring report for July 2014 showed the following violation: , Parameter Date Measuring Frequency Violation Flow, in conduit or thru treatment plant 07/05/2014 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance: If the above. parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon, Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office c QF46 A6ilJiyFi1es MSC 1617-Central Files -Basement G:1NJR%WQ1Henderson\WastewaterkrviinorslMagnolia Place 718621NOV-2015-MV-0040.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Internet: hdp:Hportal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer Central Files: APS _ SWP 3/9/2015 Permit NumberCQ162 Permit Tracking Slip Program Category Status Project Type NPDES WW Active Renewal Permit Type Version Permit Classification Discharging 100% Domestic < 1MGD 3.00 Individual Primary Reviewer Permit Contact Affiliation bob.sledge Coastal SWRule Permitted Flow 22,000 Facility Facil' dName Major/Minor Region Magrclia Place IMWTP Minor Asheville Location Address County 1 Ariel Loop Henderson Facility Contact Affiliation Hendersonville NC 287929583 Owner Owner Name Owner Type Henry K Odom Non -Government Owner Affiliation Henry Keith Odom Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance 1/21/1988 5/20/2010 8/27/2010 10/18/2010 Regulated Activities Trailer park 1 Ariel Loop Hendersonville NC 28792958 Public Notice Issue Effective Expiration 9/3/2 010 11 /512010 12/1 /2010 11 /30/2015 Requested /Received Events Region comments on draft requested Region comments on draft received 9/17/10 Outfall 001 Waterbody Name Streamindex Number Current Class Subbasin Clear Creek 6-55-11-(5) C 04-03-02 0-1-i P poo m- P § B css.tes , Z -W �J# J11 �,A� 4" t usuFa A �t YiP, fle Z 1-7 fib4rlAii SA Wp� A X'T on A Al- 5241 g F ar 019 OW11"Illf 6'�, 'T . . . ..... . ,EJE PiA DyI-` -3-Nad:-2 dQa- -ra-i " ��-' KsRkW, AVQ§*F- -Et Fa 4 K zj C 31 --p�iRh P"-bya A� N 'ink, - x n, 44 44 M] -X -S w ZA - ME, V D sj,, ww' IF� United States Environmental Protection Agency Form Approved. /� EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 2 15 1 3 I NCO071862 111 12 76/07/04 17 18 L C J 19 201 211111 I I I I I I II I l I I l I I I I I I I I I I I I I I l I l I II I I I I I i66 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------Reserved --- -------- 71 itJI72 L�J 67 70 L_1 731 174 751 III I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date /0,00 Permit Effective Date POTW name and NPDES permit Number) rYIW ,t 10/12/01 Magnolia Place WWTP 1 Ariel Loop Exit Time/Date Permit Expiration Date Hendersonville NC 287929583 1'r, 15/11/30 m Name(s) of Onsite Representative(s)f ritles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Henry Keith Odom,1 Adel Loop Hendersonville NC 287929583H828-685-9520/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Operations & Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters N Other Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists.as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Beverly Price Division of Water Quality//828-296-4500i 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# NPDES yr/mo/day Inspection Type 1 31 NCO071862 I11 12 76/07/04 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NCO071862 Owner- Facility: Magnolia Place WWTP Inspection Date: 07/04/1976 Inspection Type: Compliance Evaluation Bar Screens ,�>ac ,YJ SCGiia .j, is d•oe<4- Yes No NA NE a.Manual C 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? So / - 1-1CS4l ❑ ❑ Comment: US, UP r,•G�L, co/%�1�'�/il Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 9 ❑ 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? YJ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? EV ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ; n `()�fl� ❑ ❑ ❑ 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) ❑ ❑ ❑ (VI Comment: Page# 4 Permit: NCO071862 Owner -Facility: Magnolia Place WWTP Inspection Date: 07/04/1976 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? Comment: Is the facility as described in the permit? �J'j'� ] , ❑ ❑ # 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? f ❑ ❑ ❑ Comment: C,1Pi 1'1'_ S Iwo Operations & Maintenance ~� i Yes No NA NE Is the plant generally clean with acceptable housekeeping?' , Z ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: cal /t Cl Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? � ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? E� ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ 1p ❑ Comment: Pump Station - Influ t Yes No NA NE Is the pump wet well f e of bypass lines or structures? ❑ ❑ ❑ ❑ Is the wet well fre of excessive grease? ❑ ❑ ❑ ❑ Are all pumps - esent? ❑ ❑ ❑ ❑ Are all pum , s operable? ❑ ❑ ❑ ❑ Are float ontrols operable? ❑ ❑ ❑ ❑ Is SC DA telemetry available and operational? ❑ ❑ ❑ ❑ Is udible and visual alarm available and operational? ❑ ❑ ❑ ❑ ent: Bar Screens Yes No NA NE Type of bar screen Page# 3 MA Permit: NC0071862 Inspection Date: 07/04/1976 Owner -Facility: Magnolia Place WWTP Inspection Type: Compliance Evaluation De -chlorination Type of system ? 4e-_b1A 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: 56 V n-• Sci/ f t/e Are the tablets the proper size and type? Are tablet de -chlorinators operational? 11 Number of tubes in use? ;, q "Um l&I.L Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? A v— u5�L b 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: c f1 / Yes No NA NE ❑❑❑ �b❑ ❑❑ Yes No NA NE cj'q'e_ ck �Cy�CGU�" A oc.Vo�,/o 77/a Page# 5 FROM : FAX NO. : Apr. 25 2013 01:39PN P1 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: Mailing Address-.. Email adds Signature: ...4......./.........................4.1.............................—............................... .......... 0............................. Facility Name: oe- m ILL vq %1 r Permit#: iVC0071 M SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEM! Facility 'IXne/tCrade:S ` OI Biological WWTP ��T Surface Irrigation Physical/Chemical Land Application Collection System .............................................................«.4«.4...........................4.4.444«.4.....................................4*4 Operator in Responsible Charge (ORC) Print Full Name: wlN Certificate Type / Gra /Numb r: j.l14z,30 Work Phone #: Signature: Date: c� I certify the agree to my designation as the Operator in Ctcsponsible Charge for the facility nowd. I understand and will abide by the rules and regulations pertaining to the responsibilities of. the ORC as set forth in 15A NCAC 080 0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." ... ........................ ........................................... ...««4......................................... ..... 4«....................... Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: %4 6 Certificate Type / grade I Number: io 7 3 'Work Phone #: M) S727 Signature: '""�� Date: "I certify that [ agree to my designation as a Back-up operator in Responsible Charge for the facility noted. l understand and will ahide by the rules and reuulations pertaining to the responsibilities of the BU ORC as set forth in i SA NCAC 080.0205 and Failing to do so can result in Disciplinary Actions by the Water, Pollution Control System Operators Certification Commission." ........................ I.... I ............... 4............................................................................................. a........ Mail, fax or email the %WSOCC, 1619 Mail Service Center, Raleigh, NC 27699-1618 Fax; 919-807.6492 original to: l?mail3._cQriadmnlu�nedenr.Qov Mail or fax a copy to Me Asheville appropriate Regional Oplwc: 2090 US liwy 70 Swannanoa 28778 Fax. 828.299.1043 Phone: 828.296.45W Washington 943 Washington Sq Mall Washington 27839 Fax: 252.946.9215 Phone: 252.946.6481 Fayetteville 225 Green St Suite 714 Fayetteville 28301-5043 Fax_ 9JQA9C0707 Phone: 910,433.3300 Wilmington 127 Cardinal Dr Wilmington 28405-2845 Fax: 910350.2018 Phone: 910.796.7215 Mooresville 610 E Center Ave Suite 301 Mooresville 2911.5 Ram 704.663.6040 Phone: 704.663.1699 Winston-Salem 595 Waughtown St Winston-Salem 27107 Fax: 336.771.4631 Phone. 336.771.5000 Raleigh 3800 Barrett Dr Raleigh 27609 Fox;919.571.4718 Phone:919.791.4200 Revised 02-2013 ZA: __ `"i NCDENR BILE C®pY North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 1, 2011 Henry K Odom 1 Ariel Loop Hendersonville NC 287929583 SUBJECT: Compliance Sampling Inspection Magnolia Place WWTP Permit No: NCO071862 Henderson County Dear Mr. Odom: Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted on February 11, 2011. The Compliance Sampling Inspection was conducted by Susan Wilson and me of the Asheville Regional Office. The facility was found to be in Compliance with .permit NC0071862. 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 296-4500. Sincerely, Keith Haynes Environmental Sr. Specialist Enclosure cc: Central Files INUU S:\SWP\Henderson\WastewaterUL4inors\Magnolia Place 71862\2.1 1.11 CElletter.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolliina Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 �gtut,Q[[ Internet: www.ncwaterguality.org 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 1 91 31 NCO071862 111 121 11/02/11 117 181 _ct 19I .GI 20` I IJ LJ IJ J J Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA - — — — - —------ Reserved------------- 67I 169 70 U 71 I__! 72 U 73 L_U 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) 10:00 AM 11/02/11 10/12/01 Magnolia Place WWTP Exit Time/Date Permit Expiration Date 1 Ariel Loop Hendersonville NC 287929583 11:00 AM 11/02/11 15/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Henry Keith Odom/ORC/704-685-9520/ Name, Address of Responsible Official/Title/Phone and Fax Number Henry Keith Odom,l Ariel Loop Hendersonville NC Contacted 287929583//828-685-9520/ 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 Susan A Wilson, kl-� ARO WQ//828-294-4500/ Keith Haynes ��A/ ARO WQ//828-296-4500/ —S, kk V Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards"Q6 ARO WQ//828-296-4500/ -3fZ-2 at( EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NC0071862 I11 12I 11/02/11 117 18' Section D: Summary of Finding/Comments (Attach additionalsheetsof narrative and checklists as necessary) The facility appeared to be well maintained and properly operated. Effluent sample results were as follows: BOD - 12 mg/I TSS - 28 mg/l Fecal Coliform - 1/100 ml All results indicated compliance with permit effluent limits. Page # 2 Permit: NCO071862 Inspection Date: 02/11/2011 Owner - Facility: Magnolia Place WWTP Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: V.. IUn KIA K1= 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? ■ ❑ 110 Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ Cl ❑ 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) ❑ ❑ ❑ ■ Page # 3 Permit: NC0071862 Inspection Date: 02/11/2011 Owner - Facility: Magnolia Place wwTP Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ® ❑ 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)? {0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately %a of the sidewall depth) O ❑ ❑ ❑ Comment: Scum is routinely removed from behind the scum baffle. Return sludge on older plant was broken, but a replacement was on site. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 4 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: Some fine suspended solids noted. V.... \L. LIA K- 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? ■ ❑ ❑ ❑ Page # 4 Permit: NC0071862 Owner - Facility: Magnolia Place WWTP Inspection Date: 02/11/2011 Inspection Type: Compliance Sampling De -chlorination Yes No NA NE Are tablet de -chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent pipe has been broken and does not directly reach the receiving stream. The owner may wish to install an extension on the pipe so that it extends to the the main channel of Clear Creek, which is the permitted discharge point. Pump Station - Effluent Is the pump wet well free of bypass lines or structures? 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: K Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA NE Page # 5 WO La6oratorv.Section r' ults County: HENDERSON Sample ID: AB68376 River Basin FRB O� WAr�CR 40#1 PO Number# ARO Report To AROSP ` Date Received: 02M.1/2011 r t •. ] � � 1 Time Received: 14:20 Collector: K HAYNES p N, 1�. Labworks LoginlD KJIMISON Region: ARO Report Generated: 3/14/11 Sample Matrix: WASTEWATER Date Reported: 03/14/2011 Loc. Type: , EFFLUENT Emergency Yes/No. VisitlD COC Yes/No Loc. Descr.: MAGNOLIA PLACE Location ID: MAGNOLIAPLACE Collect Date: 02/11/2011 Collect Time: 10:35 Sample Depth CAS # Analyte Name PQL Kesuiy Qualifier Units IVICuIuu Reference r-Ilaryal' Date Validated by Others Sample temperature at receipt by lab 0.8 °C .-2/11/11 DLEAVITT BOD,.5-Day in liquid- - 2 12 mg/L APHA5210B 2111111 CGREEN Coliform,-MF Fecal in liquid 1 1 CFU/100ml APHA9222D-20th 2/11l11 CGREEN , Residue —Suspended in liquid 6.2 28 mg/L APHA2540D-20th 2/16/11 CGREEN C Vo E � 4 a MAR 16 2011 L.J WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to ht_ttp://portal.ncdenr.orohvebhvonab/stafrnfo/techassis tifData Qualifier Codes <htlo7/portal ncdenr oralweb/wo/lab/staffinfo/techassist> Page 1 of 1 Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resource! Division of Water Quality Charles Wakild, P.E. Director January 16, 2013 Mr. Henry Keith Odom Magnolia Place. 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Subject: NOTICE OF VIOLATION NOV-2013-LV-0041 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Mr. Odom: John E. Skvarla, III Secretary A review of Magnolia Place WWTP's monitoring report for September 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 09/18/2012 400 #/100ml 650 #/100ml Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, � 7 Chuck Cranford, Regional Supervisor Surface Water Protection Section cc° a1l1/Q Asheville Files> DWQ Central Files S:\SWP\Henderson\Wastewater\Minors\Magnolia Place 71862\NOV-2013-LV-0041.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterduality.oro FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, P.E. Director February 9, 2012 Mr. Henry Keith Odom Magnolia Place 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Subject: NOTICE OF VIOLATION NOV-2012-LV-0102 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dear Mr. Odom: BVILE COPY Dee Freeman Secretary A review of Magnolia Place 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 09/26/2011 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 enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section cc: �DQAsh�ViLLe Fil_s' DWQ Central Files S:\SWP\Henderson\Wastewater\Minors\Magnolia Place 71862\NOV-2012-LV-0102.doc NorthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.newaterouality.org FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee freeman Governor Director Secretary Mr. Henry K. Odom 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Dear Mr. Odom: November 15, 2010 Subject: NOTICE OF VIOLATION NOV-2010-LV-0406 Permit No. NCO071862 Magnolia Place VW1/TP Henderson County A review of Magnolia Place WWTP's monitoring report for June 2010 showed the following violation: Parameter Date Limit Value Reported 'Limit Type Value Coliform, Fecal MF, M- 06/01/10 400 600 Daily Maximum FC Broth,44.5C #/100ml #/100ml Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. 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 DWQ Central File S:1SWP1Henderson\Wastewater\Minors\Magnolia Place 718621NQV-2010-LV-0406.doc N'co a Carolina Atura!!y North Carolina Division of Water Quality 2090'U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service internet: www.newaterauality.org FAX (828)299-7043 1-877-623-6748 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Henry Keith Odom 1 Ariel Loop Hendersonville; North Carolina 28792-9583 Dear Mr. Odom: Division of Water Quality Coleen H. Sullins Director April 29, 2010 Subject: NOTICE OF VIOLATION NOV-2010-MV-0043 Permit No. NCO071862 Magnolia Place WWTP Henderson County Dee Freeman Secretary A review of Magnolia Place WWTP's monitoring report for December 2009 showed the following violation: Parameter Date Measuring, Frequency Violation Flow Week of 11/29/09 -- 12/05/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section (TA, h Ile Filts DWQ Central Files S'SWl"•.1lenderson`.W: te«ater`,�4ino�s;hlaanolia Place 71562`�.NOV-2010AlV-0043.doc N_ ir'hCarolina Natura!!rY North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 A EN L E COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION June 18, 2010 Mr. Henry K. Odom 1 Ariel Loop Hendersonville, NC 28792-9583 SUBJECT: Compliance Evaluation Inspection Magnolia Place WWTP Permit No: NCO071862 Henderson County Dear Mr. Odum: Enclosed please find a copy of the Compliance Evaluation Inspection report from the inspection conducted on June 9, 2010. The facility was found to be in compliance with permit NC0071862. 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, -A rev� 6.? C4�� Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files s�fieulrlOFR,,.i108t S:\SWP\Henderson\Wastewater\Minors\Magnolia Place 71862\CE1.6-9-10.doc SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-70431 Customer Service:. 1 -877-623-6748 Naturally www.newaterguality.ora 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 15 31 NCO071862 111 121 10/06/0.9 117 181 CI 19I SI 20I I —� Remarks 211III IIIIIIIIIIIIIIIIIIII III111111111IIII IIII II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------Reserved----------- 67 I 1.0 169 701 3 I' 711 I 72 L N I 73 LU 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) 12:20 PM 10/06/09 05/12/01 Magnolia Place WWTP Exit Time/Date Permit Expiration Date 1 Ariel Loop Hendersonville NC 287929583 02:00 PM 10/06/09 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Henry Keith Odom/ORC/704-685-9520/ Name, Address of Responsible Officiallritle/Phone and Fax Number Henry Keith 0dom,1 Ariel Loop Hendersonville NC Contacted No 287929583//828-685-9520/ 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.lnspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ xo / Signature o anage ent Q A Reviewer Agency/Office/Phone and Fax Numbers Date — aymyi��— -0. EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NC0071862 I" 121 10/06/09 117 18IC) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: WWTP: The Magnolia Place Mobile Home Park WWTP is a class II facility rated as a 0.022 MGD extended aeration package plant with: bar screen; flow splitter box; dual 15,000 gallon aeration basins with dual blowers providing diffused air to both plants; dual 5 ft x 10 ft clarifiers with sludge returns; tablet chlorinator; chlorine contact basin; tablet dechlorinator; 22.5 degree V-notch weir; effluent pump station with dual alarms and 2-inch force main to Clear Creek. (There is no sludge holding tank or aerobic digestor, as indicated in permit.) Collection System: The MHP serves — 160 homes; consists of —1 mile of 6-inch, 8-inch and 12-inch lines and 2 manholes. There are clean -outs every 100 feet. Caustic pearls are added every quarter as a preventive maintenance measure to prevent clogs and overflows. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-9-2009 by Janet Cantwell. The permit expires on 11-30-2010. -Your renewal request was received by the Division on 5-20-2010. 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 = 21.1 degrees Celsius pH = 6.7 units Settleable Solids = Plant #1 (top) = 400 ml/I = 40% = Plant #2 (botom) = 200 ml/I = 20% EFFLUENT: The effluent data was as follows: pH = 6.7 units Temperature = 21.1 degrees Celsius Page # 2 Permit: NCO071862 Inspection Date: 06/09/2010 Owner - Facility: Magnolia Place WWTP Inspection Type: Compliance Evaluation OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Henry Odum, 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 1-29-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. The System Performance Annual Report is due no later than 60 days after the end of the reporting period. Page # 3 Permit: NCO071862 Owner- Facility: Magnolia Place WWTP Inspection Date: 06/09/2010 Inspection Type: Compliance Evaluation r!h-- -.:a Vnc Nn NA NF (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ Is the facility as describedin the permit? ■ Q 0 El # Are there any special conditions for the permit? ❑ ■ Is access to the plant site restricted to the general public? ■ 0 n n Is the inspector granted access to all areas for inspection? ■ Cl 0 0 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ I] n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ['I 0 ❑ Judge, and other that are applicable? Comment: e__ c•_-____ V.. U- KIA uc Type of bar screen a.Manual ■ b. Mechanical Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ 0 ❑ Q Is disposal of screening in compliance? ■000 Is the unit in good condition? ■ n n n Comment: Owner is in the process of having a basket type insert made to install inside the existing bar screen area. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ Q fl 0 Are surface aerators and mixers operational? 0 ❑ ■ Are the diffusers operational? ■ ❑ ❑ Q Is the foam the proper color for the treatment process? ■ I] n n Does the foam cover less than 25% of the basin's surface? ■ Q ❑ 0 Is the DO level acceptable? ❑ ❑ 0 ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Page # 4 Permit: NC0071862 Owner - Facility: Magnolia Place WWTP Inspection Date: 06/09/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ Q n n Is the site free of weir blockage? ■ D. 0 Is the site free of evidence of short-circuiting? ■ ❑ ❑ Is scum removal adequate? ■ Q n 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)? ■ Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ Q Are the tablets the proper size and type? ■ fl 0 0 Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ ❑ 0 Is the contact chamber free of growth, or sludge buildup? ■ Q ❑ El Is there chlorine residual prior to de -chlorination? ■ n 0 n Comment: De -chlorination Yes No NA NE Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ■ Q Is storage appropriate for cylinders? Q 0• ■ Q # Is de -chlorination substance stored away from chlorine containers? 0 0 ■ Q Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ 000 Page # 5 Permit: NC0071862 Owner - Facility: Magnolia Place VWVFP Inspection Date: 06/09/2010 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Number of tubes in use? 2 Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ C C C Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ C C Ifeffluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ C Comment: Page # 6 w k o 'P�C�L_ 1 PER ORMANCE ANNUAL REPORT ,FEB - 4 2010 I � � WATER QUALITY SECTION .I. �G'en'era'I_Giforination!. E----� facility/System Name: MAGNOLIA PLACE Responsible Entity: Henry Odom Person in Charge/Contact: Henry Odom Applicable Permit(s): NCQQ7�'It8:6g. JAN 292010 l• } Description of Collection System or Treatment Process: A aravitv system consistina of at a minimum 1 mile of sewer collection lines consistina of 6".8" & 12" pipe with 2 manholes. WW P consists of a dual extended aeration basin, influent bar screen with splitter box, individual clarifiers, sludge holding tank, tablet chlorination and de - chlorination, chlorine contact chamber, and effluent pump station. II. Performance: 12 Month Performance for NPDES NCO071862 MONTH Highlights Deficiencies Weekly EOD Violation (Noticed green liquid January entering plant, posted list to community of items not to dump down drains, and cleaned contact chamber. February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies May No violations/deficiencies June No violations/defiencies No violations/deficiencies July No violations/deficiencies August No violations/deficiencies September October No violations/deficiencies November No violations/deficiencies December No violations/deficiencies III Notification: A_copy of this report is on file with the owner (Mr. Henry Odom) and is available upon request. Also, have posted a coon on Magnolia Park bulletin board to be available to each user. IV Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. i further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Date 2 For Lab Use ONLY DIVISION OF ENVIRONMENTAL MANAGEMENT WATEI—Q17ATATYUIF�_-LA � CoJNTY 0 'WSJ I�L��� lul I t' F L =-FD 1) ' PRIORITY � �-, �'^—•�S`t1MPL'£'T� E RIVER BASIN ❑AbSBiENT h w' 1 1 QA D STREAM;EFFi3}ENT REPORT TO: R FRO MRO RRO WaRO WiRO WSRO TS AT BM - EICOMPLI L_ ErE �n MAR) L 1E f 6�m6 �'TNFTL7F1V1 Other • - n O CUSTODY by: 'dus Couriei, Staff Other a EMERGE ,-.y' " e.1 1.ESTUE})iY Shipped �. a'K WAtEP OUALi Tl` ECTION Lab Number: Date Receive' .11 Time: �! Rec'd by: From: Bus -Courier -Hand Del DATA ENTRY 8 CX- DATE REPORTED- COLLECTOR(S): _Cti� r��•S T AS! I ', LLE f EGICiJ,"-,L OFF!CC 1 STATION LOCATION: * �-�� C. \ C 2 Estimated BOD Range: 0 /5-25 5-65/40-130 or 100 plus _ ` - - - s. Seed: Yes El' No ❑ Chlorinated- Yes ❑ No ❑ REMARKS. Station ?`y Date Begin (yy/ram/d1d) Time B^eegin Date End Time End Depth DM DB DEM Value Type' Composite Sample Type A' H L T S B C W—,-' GNXX . 1 BOD5 310, mg/l 2 COD High 340 3 4 5 6 COD Low 335 mg/1 Coliform: MF Fecal 31616 /loom] Coliform: MF Total 31504 /looml ' ' Coliform: Tube Fecal 31615 /loom] 7 Coliform: Fecal Strep 3167'3 /loom] $ Residue: Total 500 mg/1 9 Volatile 505 mg/l 10 Fixed 510 mg/1 11 Residue: Suspended.530 mg/I 12 Volatile 535.; mg/1 .13 Fixed 540' ,mg/1 14 PH 403 units 155 Acidity to pH 4.5 436 mg/I 16 17 Acidity to pH 8.3 435 rng/l Alkalinity to pH 8.3.415, mgA 18 19 Alkalinity to pH 4-.t 410 mg/l TOC 680 .. mg/1 20 .. Turbidity 76 NTU Chloride 940 mg/1 Chi a: Tri 32217 ug/l Chi a: Corr 32209 ug/l Pheophytin a 32213 ag/I Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color. pH 7.6'82 ADMI Cyanide 720 mg/l Fluoride 951 mg/1 Formaldehyde 71880 mg/l Grease and Oils 556 mgA Hardness Total900 mg/l - Specific Cond- 95 2 uMhoslcm MBAS 38260 mg/l Phenols '32730 ug/l Sulfate 945 mg/1 ' Sulfide 745 mg/1' NH3 asN 610 mgA TKN as N 625 m9A NO2 plus NOS as N 630 mg/l A Total as P 665 mg/1 PO4'as,P 70507 m9A A Dissolved as P 666 mg/l •Cd-Cadmium 1027 ugA Crchromium:Totaf 1634 ug/1 Cu-Copper 1042USA, Ni-Nickel 1067. ug/1 Pb-Lead 1051 ug/1 Zn-Zinc 1092 USA Ag-Silver 1077 ugA Ai -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/1 Ca -Calcium 9I6 m9A. Co -Cobalt 1.037 USA F.e4ron 1045 ug/1 13-Lithium 1132 ug/1 Mg -Magnesium 927 mg/1 ' Mn-Manganese i055 ug/I Na-Sodium 929 mg/1 Arsenic:Total 1002 ug/l Se-Selerdum 1147 ug/1 tlg-Mercury 71900 u9A ' Organochlorhie Pesticides . Organop}wsphorus Pestcdes Add Herbicides ' Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'd) . - Phytoplankton Sampling Point % Conductance, at 25 C Water Temperature ( D.O. mg/l. pH ' AIkalinif3r Acidity . Air Temperature (0 . - - - pH.83 pH 4.5 pH'4.5 ,. pH 8.3 - 2 94 10 300 400 82244 1431 82243 182242 20 Salinity% Precipition On/day)• Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft 480 45 M ,' 32 36 1351 1356 35 64 $ . DAIl/Revised It, ' +�oFIL WA ROMENR 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 February 19, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2469 Mr. Henry Keith Odom Magnolia Place 1 Ariel Loop Hendersonville, North Carolina 28792-9583 SUBJECT: Notice of Violation and Assessment of Civil Penalty - for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) and NPDES Permit NCO071862 Henry K. Odom Magnolia Place WWTP Case No. LV-2013-0031 Henderson County Dear Mr. Odom: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00 ($200.00 civil penalty + $137.00 enforcement costs) against Henry K. Odom. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Henry K. Odom for the month of August 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0071862. The violations which occurred in August 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Henry K. Odom violated the terms, conditions or requirements of NPDES Permit NCO071862 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.l(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Henry K. Odom: NorthCarolina Adow!!r- SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwaterguality.org 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Cone. 1 of the 1 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No. $100.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. $200.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $337.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment., If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cr ord, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS c: e 1 ,'u i., e r a$ �j C s NPDES Point Source w/ attachments DWQ Central Files w/ attachments S:\SWP\Henderson\Wastewater4blinorsWagnolia Place 71362\L,V-2013-0031.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0031 County: Henderson Assessed Party: Henry K. Odom / Magnolia Place WWTP Permit No.: NC0071862 Amount Assessed: $337.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies. (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 HENRY K. ODOM / MAGNOLIA PLACE WWTP PERMIT NO. NCO071862 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2013-003 Having been assessed civil penalties totaling $337.00 for violations) as set forth in the assessment document of the Division of Water Quality dated February 19, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of. receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE e ATTACHMENT A Henry K Odom CASE NUMBER: LV-2013-0031 PERMIT: NCO071862 FACILITY: Magnolia Place WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALIJ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 8-2012 001 Effluent BOD - Conc 08/20/12 Weekly mg/I 45 200 344.44 Daily Maximum Exceeded $.00 8-2012 001 Effluent BOD - Conc 08/31/12 Weekly mg/I 30 32.86 9.52 Monthly Average Exceeded. $100.00 8-2012 001 Effluent TSS - Conc 08/20/12 Weekly mg/I 45 120 166.67 Daily Maximum Exceeded r DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Henry K. Odom / Magnolia Place / NCO071862 r (August 2012 D:VLR) County: Henderson Case Number: LV-2013-0031 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors. set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 344.44 %. One Monthly Average BOD exceeded the permit limit by 9.52%. One Daily Max TSS exceeded the permit limit by 166.66 %. 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 would include the cost of excess solids removal and additional testing. 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 assessments in the twelve months prior to this. violation. 8) The cost to the State of the enforcement procedures. $137.00. Da a Chuck Cr ford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 02/18/2013 a I if EFFLUENT � ��� `NPDES NOS " ' NCO071862 DISCHARGE NO: 001 MONTH:, August YEAR: 20,2 FACILITY NAME: Magnolia Place MHP-WWTP CLASS: II COUNTY: Henderson, CERTIFIED LABORATORIES (1): Magnolia Place CERTIFICATION NO. 66374 ( list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) Henry Odom GRADE II CERTIFICATION NO. 22303 PERSON(S) COLLECTING SAMPLES: Henry Odom ORC PHONE (828)685-9520 CHECK BOX IF ORC HAS CHANGED: % NO FLOW / DISCHARGE FROM SITE ORIGINAL AND ONE C:OFY TO: I: CENTRAL FILES d ion of Water Quality n OCT ZG IZ Mail Service Center J gl r gh, NC 776994617 r t PGNATURE OF• OPERATOR IN RESPONSIBLE CHARGE) =I kT s x z f THIS SIGNATURE, I CERTIFY THAT THIS REP R I$ ACCURATE AND COMPLETE TO THE BEST .OF OWI:EDGE. V � NOV 10 ?-012 50050 00010. 00400 5UM CU310 00610 1 0=0 31616 00300 00600 00665 F X Oal JN;TE;RP�ARAMETER CODE ABOVE NAME AND UNITS INF V' 2 BELOW EC Lc>' Q O. E r z q uj a O G Q O o jM N, aa� (o FOO V ` o � a•�" oy O O LL HRS HRS Y/NB MGD °C S.U. Urx I uG/L MG/L /L #100ML MGJL MG/L MG/L MG/L UGIL MG/L MG/L �� ,�.r � , t 't,f+�� >ti"'�R• r .. ,.. 2 09W 25 r$ L ', t r `r` ',r�, �" :.., w, L r E ' E 777 + � , :k ,};, y1a;'ul , i fir 4 ' i,5, , L..+4. �a}4 5,+�� ,k� 1 If" tl r�., ytiJl 4 7 Y {-+....t. i t�-. a � ,ti, .,.,., , , ,.1 ., , ,-,...... A „ . u �,. .,. �::_ •,. ;+, syr:?` ,rr,J I�,.h r„ � kTM ,t .� _ 6 1015 7C5 Ox= 23S 72 16 1,60 5 cl �' 10l)0 y .M}r6. CJ (�� .�a'lyh c655 t'.r..�"`� '''!� �,-� ' Ufa: F rt. L ! "\ c -N1 ip ' �'i 1J �I •, 14. 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P sr}I t t' S +�N;;Y i 1 1 s a .25 r2 r St.>x o r 24 0800 25hx, it `" }+ ,t' t fr ` 26 S �28 'ss- i OM 75 223 68 23 2 5 c1 f$ 30 09M S 3 5 L , , I x 4 ins � } .. ..65 A..21 Fl.2 } 0.00Q5 22.3 1.60 <5- �M�INIIMUM ';.,`�""4+)+ Monthly Line 0.02E N& 301,15 N/L 3010 200/i0D_- DwQ� 6' iR j�p�'Nz o/� —kl-' DOA 2,�� ,�--V—=.. ���. - 010-5/ -- Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements 1:1 (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements [T� 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 tune -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." Henry K. Odom Permittee (Ple ge print o type) Signature ofPermittee*** Date (Required unless submitted electronically) 1 Ariel Loop Hendersonville NC 28792 (828)685-9520 magnoliaplaceretirementpark@gmail com 11/30/2015 Permittee Address Phone Number e-mail address ADDI'' 11MAL C'E'R''fi'P IED 3ABORA'4IMY'S Certified Laboratory (2) Fnvirmimental Testing Solutions Certification No. 600 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) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages. Use only units of measurement designatedfra ffi--rrporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Che&- dris- box if no discharge occurs and, as a result, there are no data to be entered for all of the paramet,ors; ens ]he DU R for the entire monitoring period ** ORC On Site?: ORC must visit faci t and document visitation of facility as required per 15A NCAC 8G .0204. ***Signature of Permittee: If signed by odker 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). ( (F..C* &f �) To Whom it may concern: Steps taken for out of compliance on the report for August 20"', 2012: After speaking with our Laboratory (Environmental Testing Solutions), they informed us that the Bod & Tss for August 20t', 2012 was out of compliance. They stated that they thought they smelled a chemical in the water which could cause the Bod & Tss to go up but that they had no way of telling what had happened. We have been in contact with our local inspectors and discussed the problem at hand. We had the sewer plant pumped and we removed all chlorine and dechlorine tubes and washed them. We changed air liters on the blowers and we greased the motors. We also did 30 minute settlement tests on a daily basis. We are presuming that someone in the community must have flushed some type of chemical (paint and or paint thinner), therefore we have posted on the community bulletin board a notice that states no resident should ever flush ANY type of chemical down their drains and that if they have something that is questionable they may call the office and we will take it to recycling for them. All testing samples are 7curre dly in compliance and everything is in good working order. ' yf Thank You,. ff Henry K. Odom NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Henry Keith Odom Magnolia Place 1 Ariel Loop Division of Water Quality Charles Wakild, P.E. Director February 19, 2013 Hendersonville, North Carolina 28792-9583 John E. Skvarla, III Secretary SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO071862 Henry K. Odom Magnolia Place WWTP Case No. LV-2013-0031 Henderson County Dear Mr. Odom: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $337.00 ($200.00 civil penalty + $137.00 enforcement costs) against Henry K. Odom. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Henry K. Odom for the month of August 2012. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements .found in NPDES Permit NC0071862. The violations which occurred in August 2012 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Henry K. Odom violated the terms, conditions or requirements of NPDES Permit NCO071862 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Henry K. Odom: No thCarolina Nahindy SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043 Internet: www.ncwaterauality.org DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Henry K. Odom / Magnolia Place / NCO071862 (August 2012 DMR) County: Henderson . Case Number: LV-2013-0031 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent. of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 344.44 %. One Monthly Average BOD exceeded the permit limit by 9.52%. One Daily Max TSS exceeded the permit limit by 166.66 %. 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 would include the cost of excess solids removal and additional testing. 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 assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $137.00. Date 02/18/2013 Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit. No. $.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $100.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215,1(a)(6) and NPDES Permit No. $100.00 NC0071862, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. $200.00 TOTAL CIVIL PENALTY $137.00 Enforcement Costs $337.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR. 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your - evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: DWQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments DWQ Central Files w/ attachments S:\SWP\Henderson\Wastewater\Minors`,M.agnolia Place 71862\LV-2013-003 Ldoe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0031 County: Henderson Assessed Party: Henry K. Odom / Magnolia Place WWTP Permit No.: NCO071862 Amount Assessed: $337.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 Melila161&61 we WFBI xlk.,TO �i► IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST HENRY K. ODOM / MAGNOLIA PLACE WWTP PERMIT NO. NCO071862 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2013-0031 Having been assessed civil penalties totaling $337.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 19, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Henry K Odom CASE NUMBER: LV-2013-0031 PERMIT: NCO071862 FACILITY: Magnolia Place WWTP COUNTY: Henderson REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 8-2012 001 Effluent BOD - Cone 08/20/12 Weekly mg/I 45 200 344.44 Daily Maximum Exceeded $.00 8-2012 001 Effluent BOD - Cone 08/31/12 Weekly mg/I 30 32.86 9.52 Monthly Average Exceeded $100.00 8-2012 001 Effluent TSS - Cone 08/20/12 Weekly mg/I 45 120 166.67 Daily Maximum Exceeded EFFLUENT NCOO71862 DISCHARGE NO: 001 MONTH: August YEAR: 2012 .-tTYNAME: Magnolia Place MHP-VVWTP CLASS: II COUNTY: Henderson. CERTIFIED LABORATORIES (1): Magnolia Place CERTIFICATION NO. 5374 ( list additional laboratories on the bac6idelpage 2 of this form ) OPERATOR IN RESPONSIBLE CHARGE (ORC) Henry Odom GRADE ll CERTIFICATION NO. 22303 PERSON(S) COLLECTING SAMPLES: _ Henry Odom ORC PHONE (828)685-9520 CHECK BOX IF ORC HAS CHANGED: MAIL ORIGINAL AND ONE COPY TO? ATTN: CENTRAL FILES 4g 1617'on of Water Mail Service Centier ty ® CT OS �012 Ralelgh, NC 71699461718 NO FLOW / DISCHARGE FROM SITE x / O—/ C, L/` ( - (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) BY THIS SIGNATURE, I CERTIFY THAT THISREPp!j is, ACCURATE AND COMPLETE TO THE BEST OF MY�IZLEDGE. Gov I NOV 50050 00010 00400 SMS 03310 W610 0P30 31616 00300 00600 00665 EFF X d 3 ABOVE NAME AND UNITS V = o d g d Lo BELOW diINF E c -. i a IW- ` U S U) ` d G _ N ° E p Z °� a a x` L. 0 fn o o �' �' m ° a 0 C 30 a V i0 N f.1 d N M F ° Ix 4 O ° U. HRS HRS Y/NB MGD °C S.U. 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C osGTab( . ?{1�3 Ca G G 4 G G G , t; t :its MonihryLurei# 0.02Y N/L ?6<9 M41 30145 N& 30145 200,f00 r 4-i��VN own -1(R�`/�. ZO/—i 6DA2, �rf . 001:.�1 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 ITI Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any it mmiation 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." Henry K. Odom Permittee (Ple a/print o type) Signattue ofPermittee*** Date (Required unless submitted electronically) 1 Ariel Loop Hendersonville NC 28792 (828)685-9520 magnoliaplacgretirementpark(cbgmail com 11/30/2015 Permittee Address Phone Number a -mail address ADDITIIDNAL 1ER'T1F1ED �AB43R4�T4R1ES Certified Laboratory (2) Envwo nnental Testing Solutions Certification No. 600 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) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages. Use only units of measurement designated the- .porting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Chc& tEs box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters em the DMR for the entire monitoring period ** ORC On Site?: ORC must visit face and document visitation of facility as required per 15A NCAC 8G .0204. ***Signature of Permittee: If signed byodmr1han the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). To Whom it may concern: Steps taken for out of compliance on the report for August 20t', 2012: After speaking with our Laboratory (Environmental Testing Solutions), they informed us that the Bod & Tss for August 20th, 2012 was out of compliance. They stated that they thought they smelled a chemical in the water which could cause the Bod & Tss to go up but that they had no way of telling what had happened. We have been in contact with our local inspectors and discussed the problem at hand. We had the sewer plant pumped and we removed all chlorine and dechlorine tubes and washed them. We changed air ters on the blowers and we greased the motors. We also did 30 minute settlement tests on a daily basis. We are presuming that someone in the community must have flushed some type of chemical (paint and or paint thinner), therefore we have posted on the community bulletin board a notice that states no resident should ever flush ANY type of chemical down their drains and that if they have something that is questionable they may call the office and we will take it to recycling for them. All testing samples are currently in compliance and everything is in good working order. Thank You; ®r y . C / Henry K. Odom January 10, 2013 Dear Mr. Cranford, Here at Magnolia Place I take the job of ORC and: Environmental Protection extremely serious. As stated in our letter that was sent into the state along with our Effluent report for the month of August 2012, I promptly contacted our local inspector discussing the results that had been brought to our attention and outlined our plan of action. Then I asked for additional input on how to correct this unfortunate event and prevent future occurrences. I implemented everything we discussed and also performed a full maintenance of the plants. This occurrence was highly unusual and one I had never encountered before. The technician Kelly Keenan at ETS is the one who discovered a chemical odor from the sample bottle -and saved it for my review. This was strange due to the fact that I did not smell any foreign odor at the plant at the time of sampling nor have I since. As you will see from the Certificate of Analysis we did not hesitate to implement whatever necessary to be in compliance with our monthly limits. We also, spared no resource to try to bring the plant back to a healthy working plant. We skimmed the baffles daily and deposited the skimmings into the waste chamber in hopes that whatever caused the problem would have attached to the solids and this would aid in the recovery of the plant. In closing we respectfully request that in light of our efforts that a fine be waived in recognition of the expenditures already taken to correct and maintain a healthy facility. Thank you for your consideration in this matter. Sincerely, Henry K. Odom cc: Janet Cantwell WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John Skvarla Governor Director Secretary January 8, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0875 2148 Mr. Henry K. Odom Magnolia Place WWTP 1 Ariel Loop Hendersonville, North Carolina 28792-9583 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0022 Magnolia Place WWTP NPDES Permit No. NCO071862 Henderson County Dear Mr. Odom: A review of the August 2012 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/20/2012 001 BOD 200 mg/ L 45 mg/ L 08/31/2012 001 BOD 32.86 mg/ L 30 mg/ L 08/20/2012 1 001 TSS 120 mg/ L 45 mg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0071862. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 Internet: http://oortal.ncdenr.org/web/wa NorthCarolina AM UM A&I An Equal Opportunity 1 Affirmative Actiou Employer — 50%Recycledllft;'Post Consumer paper Mr. Henry K. Odum January 8, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office ,�ccD�W�Q�Asle�lle�Files-�' DWQ Central Files DWQ Point Source Branch S:\SCEPq-{enderson+.wastewater;N(inor \A,Iagni�lia Place ?1362'.NOV-NRE 2013-LV-0022.doc NCDENR 'North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director January 8, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Henry K. Odom Magnolia Place WWTP 1 Ariel Loop Hendersonville, North Carolina Dear Mr. Odom: 28792-9583 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0022 Magnolia Place WWTP NPDES Permit No. NCO071862 Henderson County John Skvarla Secretary A review of the August 2012 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Reported Value Permit Limit 08/20/2012 001 BOD 200 mg/ L 45 mg/ L 08/31/2012 001 BOD 32.86 mg/ L 30 mg/ L 08/20/2012 001 TSS 120 mg/ L 45 mg/ L A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0071862. 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) days after receipt of this Notice. A review of your response will be considered along with any information provided on the August 2012 Discharge Monitoring Report. 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. SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL: OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fay: 828-299-7043 Internet: htto:Doortal.nodennoro/web/wa One- NorthCarolina An Equal opportunity \ Affirmative Action Employer— 50% RecyclecV10% Post Consumer paper Mr. Henry K. Odum January 8, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: DWQ Asheville Files DWQ Central Files DWQ Point Source Branch S:\;S4VP\Henderson\Wastewater\iVfinors`;A4agnolia Place 71 S62\NOV-NRL 2013-1-V-0022.doc Aria I � L, E C; OR Yj NC®ENR Y North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor IDirector Secretary June 22, 2009 Mr. Henry Keith Odom 1 Ariel Loop Hendersonville, North Carolina 28792-9583 SUBJECT: Compliance Sampling Inspection Status: Compliant Magnolia Place WWTP Permit No: NCO071862 Henderson County Dear Mr. Odom: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on June 9, 2009. The facility .'appeared to be in compliance with permit NC0071862. Effluent samples were taken during the inspection and were submitted to the lab for analysis. Results will be sent separately. 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, Pet Cantwell Environmental Specialist Enclosure e , CL3 ti'� iife ° fe DWQ Central Files G:\WPDATA\DEMVVQ\Henderson\71862 Magnolia Place\71862.CSI.09.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE NorthCarolina Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 T 1��u1,�"� Phone: (828) 296-4500\FAX: 828 299-7043\Customer Service: 1-877-623-6748 � V Internet: www.ncwaterguality.org United States Environmental Protection Agency Form Approved. EPA 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 2 151 31 N00071862 ill 121 09/06/09 117 181 s1 191 SI 20I 11 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA —--------- ------ —------ Reserved -------------------- 671 169 701 1 711 1 721 NJ 73I I 174 751 I I I I I I 180 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:55 AM 09/06/09 05/12/01 Magnolia Place WWTP Exit Time/Date Permit Expiration Date 1 Ariel Loop Hendersonville NC 287929583 12:55 PM 09/06/09 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Henry Keith Odom,l Ariel Loop Hendersonville NC Contacted 287929583//828-685-9520/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance E Records/Reports Self -Monitoring Program 0 Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Sig nature-nf -p'/ngg�e ht Q A Reviewer Agency/Office/Phone and Fax Numbers j Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO071862 I11 12I 09/06/09 117 18Isl (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Henry Odom/ ORC/ owner assisted in the inspection of this facility. Mr. Odom stated that 9" of rain fell the night before the inspection but did not cause the plant to overflow. The previous compliance evaluation inspection was conducted on 10/13/06 by Wanda Frazier. The Annual Performance Report has been filed for the year. A review of the files indicates that the permit expires November 30, 2010. Please request a permit renewal 180 days prior to expiration. The log book was present on -site. Mr. Odom is very thorough in his record keeping. Baffles are cleaned every Monday. Mr. Odom stated he would fix the audible alarm for the effluent pump station. The visual alarm was functional. Effluent samples were collected during the inspection and submitted to the lab for analysis. An inspection of the collection system was also done at the time of the inspection of the wastewater treatment plant and those results will be sent separately. Page # 2 Permit: NCO071862 Owner - Facility: Magnolia Place WWTP Inspection Date: 06/09/2009 Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ® n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The permit will expire November 30, 2010. Please request a permit renewal 180 days prior to expiration. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ n n n Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DMRs? n n n Is the chain -of -custody complete? n n n ■ Dates, times and location of sampling ❑ Name of individual performing the sampling n Results of analysis and calibration n Dates of analysis ❑ Name of person performing analyses n Transported COCs Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Page # 3 Permit: NCO071862 Owner - Facility: Magnolia Place VWVfP Inspection Date: 06/09/2009 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Records are well maintained. 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 Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) nnn■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n 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 ❑ ❑ Is the site free of excessive floating sludge? ■ n ❑ n Is the drive unit operational? n ❑ ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) nnn ■ Comment: Baffles are cleaned every Monday. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n ❑ n Page # 4 Permit: NG0071862 Inspection Date: 06/09/2009 Owner - Facility: Magnolia Place WWTP Inspection Type: Compliance Sampling Disinfection -Tablet Yes No NA NE Number of tubes in use? 4 Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? n n n ■ Comment: ^- --� -- V.. ti� tie MP Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n n n Is storage appropriate for cylinders? ❑ n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 4 Comment: Page # 5 N 1(DV Laboratory Section esufts County: HENDERSON Sample ID: AS45682 River Basin FRB �OF W ATE9Q PO Number # 9W5202 Report To AROSP �C�- Date Received: 06/17/2009 Time Received: 08:10 Collector: Region: J CANTWELL a r - Labworks LoginlD SMATHIS ARO Date Reported: 7/1109 Sample Matrix: Wastewater Loc.Type: EFFLUENT Report Generated: 07/01/20o9 Emergency Yes/No COC Yes/No VisitlD Loc. Descr.: MAGNOLIA PLACE 71862 7 I Location ID: MAGNOLIAPLACE71862 Collect Date: 06/09/2009 Collect Time:: 14:55 Sample Depth Sample Qualifiers and Comments D�C�C J U L -- 9 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated Q1-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2-Holding time exceeded following receipt by lab B5-Too many colonies were present; too numerous to count (TNTC) PQL- Practical Quantitation Limit -subject to change due to instrument sensitivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated U-Samples analyzed for this compound but not detected J3-The sample matrix interfered with the ability to make any accurate determination; Estimated Xi -Sample not analyzed for this compound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated N1-The component has been tentatively identified based on mass spectral library search and has an estimated value LAB Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 1 of 2 .NC DWQ Laboratory Section Results Sample ID AB45682 Location,!D: MAGNOLIAPLACE71862 Collect Date: 06109/2009 Loc. Descr.: MAGNOLIA PLACE 71862 Collect Time:: 14:55 Visit ID CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Sample temperature at receipt by lab 2.4 °C DSAUNDERS SMATHIS Method Reference 6/17/09 6117/09 NUT NH3 as N In liquid 0.02 0.02 U mg/L as N MAJAYI CGREEN Method Reference Lac10-107.06.1-J 6/18109 6/24/09 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM 1) For Lab Use ONLY COUNTYPRIORITY SAMPLE TYPE RIVER BASIN ❑AMBIENT ❑ STREAM FNLUENT REPORT T�� FRO MRO PRO WaRO WiRO WSRO TS AT BM COMPLIANCE ❑ LAKE El INFLUENT Other Shipped by: Bus ourier Staff, Other ❑ EMERGENCY ❑ ESTUARY Lab Number: Date Received: Time: OS 1 b Rec'd by: DATA ENTRY Y: From: Bus ourier- and Del. CK: DATE REPORTED: COLLECTOR(S) �1 /y�oJQ ,�/�/of Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: /�/Z;_W9662— Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: /Station # DateBegin(yy/mm/dd) I Time Begin /Date End Time End Depth DM DB DBM Value Type Composite Sample Type "0 6 ® '• V I I D •Od A H L T S B C G Gi i I BOD5 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /loom] 5 Coliform: MFTotal 31504 /IOOml 6 Coliform: Tube Fecal 31615 1100ml 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 11 Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L Chl a 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color:pH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromium:Total 1034 µg/L Cu-Copper1042 µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L Al -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co Cobalt 1037 µg/L Fe -Iron 1045 µg/L Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg/L Arsenic:Total 1002 µg/L Se -Selenium 1147 µg/L Hg-Mercury 71900 µg/L Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Wb Use Only mperature on arrival:' Sampling Point % Conductance at 25°C Water Temperature °C D.O. mg/L PH Alkalinity Acidity Air Temperature °C pH 8.3 pH 4.5 pH4.5 pH 8.3 2 94 10 300 400 82244 431 82243 82242 20 Salinity & Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity �1350 Wind Velocity Mean Stream Depth ft. Stream Width ft. 80 45 32 36 1351 35 64 4 iryc DWO Laboratory Section Wesults County: HENDERSON Sample ID: River Basin FRB pWA 1g� PO Number # Date Received: ti Report To AROSP O� 4 Time Received: Collector: J CANTWELL p Labworks LoginlD Region: ARO Date Reported: Sample Matrix: WASTEWATER Loc. Type: Effluent Report Generated: Emergency Yes/No VisitlD COC Yes/No Loc. Descr.r MAGNOLIA PLACE'WWTP Location ID: i NCO071862 Collect Date: 06/09/2009 Collect Time:: 15:00 Sample Depth Sample Qualifiers and Comments AB45342 ARO 06/09/2009 16:00 KJIMISON 7/6/09 07/06/2009 � 13�_o9 Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwgiab.org under Staff Access A -Value reported is the average of two or more determinations N3-Estimated concentration is < PQL and >MDL B1-Countable membranes with <20 colonies; Estimated NE -No established PQL B2- Counts from all filters were zero. P-Elevated PQL due to matrix interference and/or sample dilution B3- Countable membranes with more than 60 or 80 colonies; Estimated Q1-Holding time exceeded prior to receipt at lab. B4-Filters have counts of both >60 or 80 and < 20; Estimated Q2- Holding time exceeded foll i.4n rece�t_t� lab •� � • B5-Too many colonies were present; too numerous to count (TNTC) .. ' PQL- Practical Quantitatiori"�m"It`'s�- Sty]�'c�td`21i'af1"g�'tlt�o�t0-tnsUvri%tit s$risifivity J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated ' U- Samples analyzed forth co>-mpouhd but not dete&t J3-The sample matrix interfered with the ability to make any accurate determination; Estimated X1- Sample not analyzed fo thi oL p J6-The lab analysis was from an un reserved or improperlychemical) reserved sample; Estimated v Y P Y P P N1-The component has been tentatively identified based on mass spectral library search and has an estimated value' J U L 13 2009 ARO . r I AT WER QUALITY SECTION Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Sample ID AB45342 rVC ��VQ Laboratory Section ResultsLocation ID: NCO071862 Collect Date: 06/09/2009 Loc. Descr.: , MAGNOLIA PLACE WWTP Collect Time:: 15:00 Visit ID CAS # Analyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date ARO Sample temperature at receipt by lab Method Reference 2.8 °C KJIMISON SMATHIS 6/9/09 6/16/09 BOD, 5-Day in liquid 2 16 mg/L KJIMISON CGREEN Method Reference APHA5210B 6/11/09 7/6/09 Golife_UrtRMFMRV- in liquid 1 M 06U B3 CFU/100ml KJIMISON CGREEN Method Reference APHA9222D-20th 6/9/09 7/6/09 Residue —Suspended in liquid 6.2 6.2 U mg/L KJIMISON CGREEN Method Reference APHA2540D-20th 6110/09 716/09 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORIM (DM I) COUNTY��t/f l Y PRIORITY SAMPLE TYPE RIVBR BASINRIVER BASIN��� .� ❑ 0 AMBIENT ❑ STREAM EFFLUENT REPORT T 90MO MRO RRO WaRO WiRO WSRO TS AT BM COMPLIANCE ❑ LAKE ❑ INFLUENT Other Shipped by: Bus. Courier. Staff" tither EMERGENCY ❑ ESTUARY COLLECTOR(S):� (,�/A// `A�4�i� %� o /T4(9 Estimated BOD Range: 0-515-25125-65140-130 or 100 plus STATION LOCATION. /,J�O4�** ` "'� Seed: Yes ❑ No ❑ Chlonnated: Yes ❑ No ❑ 1 BOD5 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100ml 5 Coliform: MF Total 31504 /106m] 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100m1 8 Residue: Total 500 mg/L Volatile 505 mg/L Fixed 5I0 mg/L Residue: Suspended 530 mg/L f Volatile 535 mg/L Fixed 540 mg/L pH 403 units Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L l8 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 1 Turbidity 76 NTU REMARKS: Chloride 940 mg/L Chl a 70953 µg1L Color: True 80 PI -Co Color:(pH ) 83 ADMi Color:pH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 MVL Sulfide 745 mg/L Lab Number_ s Z Date Received: to-C1.40 Time: 1irt0 Rec'd by: DATA ENTRY Of: From: Bus -Courier -Hand Del. CK: DATE REPORTED: NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromiu=Total 1034 µg/L Cu-Copper 1042 µg/L Ni-Nickel1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µCIE A] -Aluminum lt05 µg/L Be -Beryllium 1012 pg/I- Ca-Calcium 916 mg(L Co -Cobalt 1037 µg/L Fe -Iron 1045 µCIE Lt-Litbium 1132 µ L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg(L Na-Sodium 929 mg/L Arsenic:Total 1002 µg/L Se -Selenium 1147 pg(L Hg-Mercury 71900 µffL Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgcable Organics (VOA bottle req'dl Phytoplankton Lab Use Only Temperature on arrival: o Sampling Point % Conductance at 25"C Water Tem erature °C D.Q. mg/L pH Alkalinity Acidiry Air Temperature °C pH 8.3 pH 4.5 pH4.5 pH 8.3 2 94 0 300 400 92244 431 82243 92242 20 Salinity %o Precipitation (in/day) Cloud Cover % Wind Direction (Dcg) Stream Flow Severity Turbidity Severity 11350 Wind Velocity Mean Stream Depth ft. 1 Stream Width ft. 80 45 32 36 1351 35 64 4 A4 MCDENR C� North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Henry Keith Odom 1 Arel Loop Hendersonville, North Carolina 28792-9583 Dear Mr. Odom: Division of Water Quality Coleen H, Sullins Director April 14, 2009 Subject: NOTICE OF VIOLATION NOV-2009-LV-0173 Permit No: NCO071862 Magnolia Place WWTP Henderson County Dee Freeman Secretary A review of Magnolia Place WWTP's monitoring report for January 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20 Deg. C) 01/19/09 45 mg/I 51 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cam: D�W,�C��/�sll�.vill��Fi#es DWQ Central Files G:\WPDATA\DEMWQ\Henderson\71862 Magnolia Place\71862 NOV-2009-LV-0173.doc NorthCarolina Natltrallff North Carolina Division of Water Quality` 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.orq FAX (828)299-7043 1-877-623-6748 I. General Facility/System Responsible En Person in Chaq Applicable Permit(s):lC'f+ff+7 U/�LITi °: DENS .-W TER O Description of Collection System"orTreatmenf"Process: PORT 50URCE BRANCH A -gravity system consisting of at a minimum 1 mile of sewer collection lines consisting of 6" 8" & 12" pipe with 2 manholes. WWTP consists of a dual extended aeration basin influent bar screen with splitter box: individual clarifiers, slLld-ge holding tank tablet chlorination � and de - chlorination, chlorine contact chamber, and effluent pump station. II. Performance: 12 Month Performance for NPDES NC0071862 MONTH Highlights Deficiencies January -No violations/deficiencies February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies May No violations/deficiencies June No violations/deficiencies July No violations/deficiencies August No violations/deficiencies September No violations/deficiencies October No violations/deficiencies November No violations/deficiencies December No violations/deficiencies III Notification: A copy of this report is on file with the owner (Mr. Henry Odom) and is available upon reauest Also have posted a copy on Magnolia Park bulletin board to be available to each user. IV Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Respon6ib16 Person Title:_ Entity: Q /- zz-o9 Date 2 PLEASE BE ADVISED THAT THE CONSUMER CONFIDENCE REPORT AND THE PERFORMANCE ANNUAL REPORT ARE BOTH AVAILABLE FOR YOUR REVIEW. PLEASE CONTACT MAGNOLIA PLACE AT 828-685-9520. A COPY IS AVAILABLE UPON REQUEST. PERFORMANCE ANNUAL RE For 2007 Year 1. General Information: f• 4 JA Id 2 4 2008 - WATER QUALITY SECT;ON ASHEVILLE REGIONAL OFFICE Facility/System Name: MAGNOLIA PLACE I �I Responsible Entity: Henry Odom �'_. J A N 2 3 2008 Person in Charge/Contact: Henry Odom i Applicable Permit(s):� I000�-l'.86 Description of Collection System or Treatment Process:�- A gravity system consisting of at a minimum 1 mile of sewer collection lines consisting of 6",8" & 12" pipe with 2 manholes. WWTP consists .of a dual extended aeration basin, influent bar screen with splitter box, individual clarifiers, sludge holding tank, tablet chlorination and de - chlorination, chlorine contact chamber, and effluent pump station. 11. Performance: 12 Month Performance for NPDES NCO071862 MONTH Highlights Deficiencies January No violations/deficiencies February No violations/deficiencies March No violations/deficiencies April No violations/deficiencies May No violations/deficiencies ,June Weekly Fecal Violation (cleaned CI contact chamber, weirs, and Cl. Tubes July No violations/deficiencies August No violations/deficiencies September No violations/deficiencies October No violations/deficiencies November No violations/deficiencies December No violations/deficiencies ��E III Notification: A copy of this report is on file with the owner (Mr. Henry Odom) and is available upon request Also have posted a copy on Magnolia Park bulletin board to be available to each user. IV Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system, and that those users have been noted of its availability. 'p. a(M::) — / — 1,5- — Responsible erson ®ate Title: ' Entity: W a " 0� WATF9 Michael F. Easley, Governor Q William G. Ross Jr., Secretary O G North Carolina Department of Environment and Natural Resources 7 P r Coleen H. Sullins, Director © Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTIONm�,.,, L September 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 0499 Mr. Henry K. Odom 1 Ariel Loop Hendersonville, NC 28792-9583 Subject: NOTICE OF VIOLATION NOV-2007-LV-0452 Permit No. NCO071862 Magnolia Place WWTP Henderson. County Dear Mr Odom: A review of Magnolia Place WWTP's-monitoring report for -June 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, 06/05/07 400 -490 Daily Maximum M-FC Broth @ 44.5 colonies per colonies Exceeded degrees Celcius 100 ml per 100 ml �One NthCarolina aiurally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 . Internet: www.ncwatergualitV.org Customer Service 1-877-623-6748 FAX (828) 299-7043 Mr. He K. Odom Magnolia Place WWTP September 11, 2007 Page 2 of 2 Remedial Actions:'"j .' 1 ; pi Remedial acitions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments. regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operationalproblems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. r Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of.a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Jim Reid or Keith Haynes of this office for SOC additional information. If you should have any questions, please do not. hesitate to contact me or Wanda Frazier in the Asheville_ Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Michael F Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 30, 2006 5374 Mr, Henry Odom Magnolia Place 1 Ariel Loop Hendersonville, NC 28792- SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal FIELD PARAMETERS ONLY Dear Mr. Odom: Alan W Klimek, P E Director Division of Water Quality 301��0 1�— tlh01` 33 311in3HStl Iv01103S X801tlE091 200;V- 0 The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H -0900 and 2L ..0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact your assigned inspector Gary Francies at (828) 296-4677, if you have questions or need additional information. Sincerely, Pat Dannelly Branch Manager Enclosure cc: Gary Francies Asheville Regional Office ne Nor hCarolinu Natimally Laboratory Section ' 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service Internet: www.dwc lall_ � or Location: 4405 Reedy Creek Rd Raleigh, NC 27607 Fax (919) 733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Certificate No. STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C.G.S. 143-215.3 (a) (1), 143-215 3 (a)(10) and NCAC 214.0800. Field Parameter Only 44- ✓'�v� !tom VC w MAGNOLIA PLACE Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H.0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December31, 2007 5374 Pat Donnelly p Attachment Lab Name: Address: North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing FIELD PARAMETERS ONLY Magnolia Place 1 Arjel Loop Hendersonville, NC 28782- Certificate Number: Effective Date: Expiration Date: Date of Last Amendment: 5374 01/01/2007 12/31 /2007 The above named laboratory, having duly met the requirements of 15A NCAC 2H 0800, is hereby certified for the measurement of the parameters listed below CERTIFIED PARAMETERS INORGANICS RESIDUAL CHLORINE Sid Method 4500 Cl G pH Std Method 4500 H B TEMPERATURE Sid Method 2550E This certification requires mainlance of an acceptable quality assurance program, use of approved methodology. and satisfactory performance on evaluation samples laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H 0807 F WAj�¢�Y.� Mry TF d Michael F. Easley Governor W 9 Will' G. moss Jr.,Sec a Vlfry North Carolina Department ofE�6ment .Y nd Ntural Resources �' Alan . Klimek; F E Director > Division of Water Quality ` Asheville Regional Office SURFACE WATER PROTECTION SECTION OCTOBER 25, 2006 Mr. Henry Keith Odom 1 Ariel Loop Hendersonville, NC 287929583 SUBJECT: Compliance Evaluation Inspection Status: Compliant Magnolia Place WWTP Permit No: NCO071862 Henderson County Dear Mr. Odom: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on October 13, 2006. The facility was found to be in Compliance with permit NC0071862. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James, ORC Central Files Asheville�'Iriil.e N rthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency 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) J Transaction Code NPDES yr/mo/day f Inspection Type Inspector Fac Type 1 I NI 2 15I 3'I NCO071862 Ill 121 06/10/13 .117 181 CI 19I sI 20I I Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------ —----- ---- ------- Reserved ----------- ---------- 67I 1.0 169 70I 3 I 711 I 721 N I 73I I 174 751 I I I I I 1-1 80 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) Magnolia Place WWTP 10:40 AM 06/10/13 05/12/01 Exit Time/Date Permit Expiration Date 1 Ariel Loop - Hendersonville NC 287929583 11:20 AM 06/10/13 10/11/30 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Henry Keith Odom,l Ariel Loop Hendersonville NC Contacted 2.87929583//828-685-9520/ No Section C: Areas Evaluated. During Inspection (Check only those areas evaluated) Permit Operations & Maintenance E Records/Reports ® Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector Agency/Office/Phone and Fax Numbers Date Wanda P ,Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date / Larry Frost �5X0 ARO WQ//828-296-4500 Ext.4658/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I N00071862 I11 12I 06/10/13 I17 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Attached. is a summary review of the last 12 months of discharge monitoring reports (DMRs) for your facility. This summary shows the monthly average permit limit (except pH which is 6.0-9.0 and fecal coliform which is 200 colonies per 100 ml) and the monthly average calculated value reported for each required parameter. A review of the files indicates that the last compliance evaluation inspection was conducted on 12-08-2005 by Janet Cantwell. The permit expires on 11-30-2010, please request a permit renewal 6 months prior to expiration. The Annual Performance Report has been filed for the year. The aeration basin process. control data was as follows on the day of the inspection. Dissolved Oxygen = 2.5 mg/1 Temperature = 19.0 degrees Celcius Settleable Solids = 45% pH = 6.5units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 2.8 mg/I Temperature = 19.0 degrees Celcius. Chlorine = 0.41 mg/I pH = 6.9 units On -site during the inspection were Henry Odum, owner and Juanita James, ORC contractor. The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator is doing a good job. 11 Page # 2 V Permit: NCO071862 Inspection Date: 10/13/2006 Owner - Facility: Magnolia Place WVVTP Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # 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: Page # 3 PERMIT NUMBER: NCO071862 PERIOD ENDING MONTH: 8 - 2006 DMR 12 Month Calculated FACILITY NAME: Henry K Odom - Magnolia Place WWTP CITY: Hendersonville OUTFALL: 001 EFFLUENT COUNTY: Henderson REGION: Asheville 00010 00310 00400 00530 00610 31616 50050 50060 deg c mg/l su mg/1 mg/l 4/100m1 mgd mg/l Temperature, BOD, 5-Day (20 pH. Solids, Total Nitrogen, Coliform, Fecal Flow, in Chlorine, Total Water Deg. Deg. C) Suspended Ammonia Total MF, M-FC conduit or thru Residual Centigrade (as N) Broth,44.5C treatment plant 30 30 0.022 1 - 06 10.3875 4.7 6.8 - 7.1 10.38 0.45 1 0.00448 0.4425 30 30 0.022 2-06 9.4125 9.063333 6.8 - 7.1 8.033333 1 1 0.003933 0.41375 30 30 0.022 3-06 11.588889 7.42 6.8 - 6.9 14.66 1.3 1 0.00576 0.412222 30 30 0.022 4-06 15.8375 4.175 6.8 - 7 10.1 1.95 1 0.0047 0.47625 30 30 0.022 5-06 18.933333 5.098 6.8 - 7.1 14.04 1 1 0.003833 0.403333 30 30 0.022 6-06 20.588889 1.425 6.7 - 7.1 7.95 1.45 1 0.00506 0.3675 ' 30 30 0.022 7-06 23.144444 6.11 6.8 - 7 8.975 0.5 1.778279 0.00355 0.35 30 30 0.022 8-06 24.311111 1.55 6.8 - 7.1 4.525 0.25 1 0.00475 0.401111 9-05 30 30 0.022 21.533333 2.86 6.8 - 6.9 3.6 0.3 1.319508 0.003675 0.56 10 - 05 30 30 0,022 17.477778 1.46 6.8 - 6.9 3.18 0.15 1.430969 0.00498 0.483333 30 30 0.022 11 - 05 15.3625 2.9 1 6.8 - 6.9 4.65 1.6 1.495349 0.0046 0.45 30 30 0.022 12-05 10 2.875 6.8 - 6.9 5.05 0.45 1.414214 0.004925 0.51 E((Nlichael F.�Lsley; Governor _ 161,j� t William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December21, 2005 Mr. Henry Odum Odum Associates Development 1 Ariel Loop Hendersonville, North Carolina 28792 Subject: Compliance Evaluation Inspection Status: Compliant Magnolia Place Mobile Home Park Wastewater Treatment Plant NPDES Permit #NC0071862 Henderson County Dear Mr. Odum: With your assistance, I conducted an inspection on December 8, 2005 of the wastewater facility serving the Magnolia Place Mobile Home Park. As we discussed, the facility appears to be well operated and maintained. , Mixed liquor suspended solids (MLSS) samples were taken from each of the aeration basins to determine their concentrations. Analyses.yielded 5700 mg/I and 5100 mg/I, respectively. The recommended MLSS range for aeration facilities is between 2500 and 4500 mg/I. As you can see, the MLSS results of your facility's aeration basins exceed this range. Wasting of some of the solids from the system is in order. Although you sincerely stated that you "have never needed to waste solids from your facility" solids generation is nevertheless a by-product of wastewater treatment. It is a necessary maintenance requirement that excess solids must periodically be wasted from the system, otherwise, solids will exit the facility via the effluent. Incorporating periodic wasting of excess solids from the system as part of your operations and maintenance program should prevent this from occurring. If you should have any questions, please contact me at 828-296-4500. Sincerely, (f!J�anet Cantwell Environmental Technician Enclosure Cc: Central Files Nne ol thCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper United States Environmental Protection Agency EPAWashington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO071862 111 121 05/12/08 117 18I CI 19I sI 201 Remarks 211111111111111111111111111111111111111LlIIIIII116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA --------------------------Reserved--------------------- 671 169 701 I 711 I 721 N I 73 I __I J 174 75I I I I I I I 180 �L Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Magnolia Place WWTP 02:05 PM 05/12/08 05/12/01 1 Ariel Loop Exit Time/Date Permit Expiration Date Hendersonville NC 287929583 02:35 PM 05/12/08 10/11/30 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data r Name, Address of Responsible Official/Title/Phone and Fax Number Henry Keith Odom,l Ariel Loop Hendersonville NC Contacted 287929583//828-685-9520/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance ■ Records/Reports Self -Monitoring Program Sludge Handling Disposal ■ 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 Janet Cantwell / ; ARO WQ//828-296-4500 Ext.4667/ Signature of Management QQ A Reviewer Agency/Office/Phone and Fax Numbers Date P' EPA Form 3660-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day , Inspection Type NCO071862 I11 12I 05/12/08 117 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated and maintained. Mr. Odum is doing an excellent job and appears to be very conscientious regarding the operation of the facility. MLSS samples were taken of the aeration basin with the results of 5700 and 5100 mg/I, respectively. This is at the very upper end of the range recommended for aeration facilities. Wasting of some of the solids from the system is in order. Mr. Odum stated that he has never needed to waste solids from his facility. As solids generation is a by-product of this type of system, some wasting is needed, otherwise, they exit the facility via the effluent. Page # 2 Permit: NCO071862 Owner - Facility: Magnolia Place VW TP Inspection Date: 12/08/2005 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ n n n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? e n n n Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ n n Is all required information readily available, complete and current? ■ ❑ Q ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? n n n ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling Name of individual performing the sampling n Results of analysis and calibration ❑ Dates of analysis Name of person performing analyses ❑ Transported COCs Are DMRs complete: do they include all permit parameters? ■ Has the facility submitted its annual compliance report to users and DWQ? ■ n n n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n ■ ❑ 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? n n n ■ Is a copy of the current NPDES permit available on site? n n n ■ Page # 3 Permit: NCO071862 Owner - Facility: Magnolia Place wwTP Inspection Date: 12/08/2005 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: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n 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 Is the unit in good condition? ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ n Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ® n Is scum removal adequate? ■ ❑ n n Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ 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 '/4 of the sidewall depth) ■ n n n Comment: MLSS results of samples taken during inspection are: 5700 and 5100 mg/I, respectively. The MLSS results indicate the concentrations are at the upper range normally recommended for aeration facilities and that some wasting of the mixed liquor is necessary. The ORC stated during the inspection that he has never had to waste from his facility. As solids accumulate in the system over time and do not "disappear" from the system, I can only assume that solids periodically exit the system via the effluent. Some solids accumulation was present in the chlorine contact chamber. Aeration Basins Yes No NA NE Page # 4 Permit: NCO071862 Owner - Facility: Magnolia Place wWfP Inspection Date: 1210812005 Inspection Type: Compliance Evaluation Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Yes No NA NE Ext. Air Diffused ■nnn ❑ n ■ n ®nnn ■nnn ■nnn nnn■ nnn■ Yes No NA NE ■nnn ■nnn Page # 5 Facility information NPDES permit #: Facility name: WWTP class: NC0071862 Henderson County Magnolia Place Mobile Home Park WWTP 11 WWTP type: 0.022 MGD extended aeration package plant consisting of: flow splitter box; dual manual bar screens; dual 15,000 gallon aeration basins with dual blowers providing diffused air; dual 5 ft x 10 ft clarifiers with skimmers and sludge returns; tablet chlorinator; chlorine contact basin; tablet dechlorinator; 22.5 degree v-notch weir; effluent pump station with dual high water alarms and 2-inch force main to Clear Creek. (Note: There is no sludge holding tank, as was indicated in 2005-2010 permit.) A to C # 071862A01 Issued in 2007 for a dechlorination system. Annual Average Flow: 0.0041 MGD (3 year average - 2007-2010) Collection System: Consists of -1 mile of 6-inch, 8-inch and 12-inch lines and 2 manholes. Development: Consists of a mobile home park with - 91 homes serving -160 residents. Sludge Management: Commercial hauler (Mike's Septic Service) to the City of Brevard's WWTP. WWTP location: Ariel Loop, off NCSR 1582 Responsible official: Henry Keith Odum Responsible "'s title: owner Official's location: 1 Ariel Loop; Hendersonville, NC 28792 Mailing address: 1 Ariel Loop; Hendersonville, NC 28792 Phone numbers 828-685-9520 Henry Odum, ORC & owner 828-685-9520 " -fax (email: C-Odom@BellSouth.net) Operator information Certified ORC & grade: Henry Odum - Grade II - Cert # Permit information Date issued: 12-1-2005 Expiration date: 11-30-2010 Stream information Stream & river basin: Sub -basin: Stream classification.: Quad: Grid: Drainage area sq mi: Average stream flow: Instream Waste Conc.: Summer 7Q10 cfs: Winter 7Q10 cfs: 30Q2 cfs: Other information Clear Creek; French Broad River Basin 04-03-02 C Hendersonville F9SW 39 64.4 cfs no data 11.3 16 26.5 Directions: 1-26 East to Hendersonville, take the Hwy 64 East Exit # 49A (Bat Cave) on Chimney Rock Road. Travel east for 1.6 miles to the intersection of Fruitland Road (NCSR 1574) and turn left. Go 0.4 mile to Ariel Loop (NCSR 1582) and turn right into the Magnolia Place MHP. The WWTP is 0.1 mile on the right, inside the wooden fence. To get to the discharge point, go to the intersection of Fruitland Road and Ariel Loop and proceed north 0.2 mile to Clear Creek on the right. Gate combo: 2418 Water Resources ENVIRONMENTAL QUALITY January 7, 2016 Mr. Henry K. Odom - Magnolia Place MHP 1 Ariel Loop Hendersonville, NC 28792-9583 Subject: Issuance of NPDES Permit NC0071862 Magnolia Place Mobile Home Park Henderson County Dear Mr. Odom: / PAT MCCRORY �4 �/' Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN BEC:cf ED Division of Water Resources FEB -3 2016 Water Quality Regional Operations Asheville Regiona! office Director 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). The Division has reviewed your letter of December 1, 2015, requesting modification of monitoring frequencies for a variety of parameters. While we are sensitive of the costs associated with the collection and analysis of samples, in terms of both time and money that is spent, we do not find them to be compelling reasons to reduce effluent monitoring in this situation, especially considering that the discharge is to an impaired stream. Therefore, this final permit contains no significant changes to its terms from those found in the draft permit sent to you on November 4, 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 adjudcatory 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 Mr. Henry K. Odom NC0071862 Permit Renewal 2016 p. 2 You are reminded that Clear Creek is listed as an impaired stream on North Carolina's 303(d) list. This means that the stream does not meet all water quality standards. This stream degradation may lead the Division to take steps, including modification of the permit, to ensure protection of surface water quality. 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. ;ncely, S. Jay Zimmerman, P. , Director Division of Water Resources cc: Central Files NPDES File Permit NCO071862 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, Henry Keith. Odom is hereby authorized to discharge wastewater from a facility located at the Magnolia Place Mobile Home Park 1 Ariel Loop off NCSR 1582 Northeast of Hendersonville Henderson County to receiving waters designated as Clear Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, It, III, and IV hereof. The permit shall become effective February 1, 2016. This permit and the authorization to discharge shall expire at midnight on November 30, 2020. Signed this day January 7, 2016. 24, SAa'y Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NC0071862 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. Henry Keith Odom is hereby authorized to: 1. Continue to operate an existing 0.022 MGD extended aeration package plant consisting of the - following components: ♦ Flow splitter box ♦ Dual manual bar screens ♦ Dual 15,000 gallon aeration basins ♦ Dual clarifiers with skimmers and sludge returns ♦ Tablet chlorination ♦ Chlorine contact chamber ♦ Tablet dechlorination ♦ 22.5 degree v-notch weir ♦ Effluent pump station with dual high water alarms This facility is located at the Magnolia Place Mobile Home Park WWTP, at 1 Ariel Loop, off NCSR 1582 in Henderson County. 2. Discharge at the location specified on the attached map into Clear Creek, classified C waters in the French Broad River Basin. Page 2 of 6 0 Permit NCO071862 PART I A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL [45A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT ~CHARACTERISTICS; s Parameter.Code LIMITS MONITORING REQUIREMENTS; Monthlyr , Avers a Daily _Maximum _ _ Measurement Frequency Sample Type ' = Sample LocationE_ti Flow 50050 0.022 MGD Weekly Instantaneous ,. Influent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N C0610 Monitor & Report 2/Month Grab Effluent Fecal Coliform (geometric mean) 31616 2001100 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 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 eDMR application system. See Condition A. (2.). 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 3 of 6 Permit NCO071862 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). 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 for NPDES Permits): • Section B. (11.) • Section D: (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)l 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 4 of 6 Permit NCO071862 A. (2.) 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: hgp://portal.ncdenr.org/web/`q/admin/bo&iu/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 U, 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: hAp:/%portal.ncdenr.org/web/wg/admin/boWiD-u/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 quali f ed 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 5 of 6 Permit NCO071862 4 ill �i �• a FB 1 c ------J// ; °� -�" .,,- i _�' Love r' ��`' '' o°oo,'i `' ✓ Wit% f � 1`-t > ' O •_-�, s � � a ❑ • t n ,� o \ , 1 •�ij• �- � � e •� ��_. r `b hbao ClCS L�..�r-d do i nS �. .._.` ,S F tear / �, b \ �•• .h 4 :.,. 'r"`'`',-.-'M'� � ral)ei' a v � ��(t`�tC � �v°1 ] '`,... � �.,If',�1'y1 f� � ` > r c a � ' � i rj a � • � � a � a *.=�� •;1.4 •�.. f � t<l:<'f �1 �L 1 `_ j/ JDC ` yr �• � � � , yr � `��` ` t�.5. j �'�a`��v;�r' 1 •, s �.� !9 rc•?c5 �;p-.. jj ~`•-� �` • ` o Tae r,.._. �.A. �. �o� 0g: "'S � tf ia4C>'� r��PEFv ``J ♦ z4. 1 r � Su4t ago �er.tSECGm c e ��.> icy. !1• • � ` U�c11Ga 3 >p �yi� (.�.,��6' 'j���U�1 • ; 6£-Aria Ly r?#:.4�' •b e. ��• � • i.�.�.lt 7•:t�'`�-L"ttr,°as.�`�Qa�z - v�.�3�'j^(.�•.^�.rr��( �"�,F art i Y � ♦ f'�''°. t'' ib G i. L. ) i � c 1J � r ' rt � • 6 ; ,,� i 1, ',�/r•.•�� ! o -- ////����Q[j. ' °`T ti to '�f e {^ ✓- e"ti�. -•! W IT, -_ ftin • 1 f �l ..,r�"=•.. �. /, ��`_'�. ti..f•`�' 1 y �jlN 7 7'G.'YfJ`� i �i_ ]� � A•iT,f f u v4 2io l u "','i �•� 'i • •�'' , e k - ,J / AV - i.aJ ,., It fr • e ! ., t't� g 1 o \ _ •''-�t_f 6, C ,per / jl �j l> ,; Eb rieze�� :. • o _.,\� �`,� A p � `, .,4��DJ � L ,� ice; `� , �. .;s oresRov Magnolia Place Mobile Home Park WWTP Facility Location Latitude: 35°22'06" Longitude: 82'25'15" Quad Name: Hendersonville Stream Class: C Receiving Stream: Clear Creek Sub -Basin: 04-03-02 NPDES Permit NCO071862 ®��„ 1 Henderson County Page 6 of 6 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate, method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 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 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to. Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1') of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comkly 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 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to'$25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 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 H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Dgty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part H.C.5) and "Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing. Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Du.Dgt_y to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the. Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no' later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications;'reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]! a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. 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, underpenalty 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 Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7of18 (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 15A NCAC 08G .0204. 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 notbe.a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: 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 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures ,for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts;, and to regulations published pursuant to Section :304(g), 33 USC 1`314, 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 Pemuttee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(l)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.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 PartII.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate, regional office of the Division as soon as possible, but;in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. _ Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC).permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the' above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the defmitions in Part H 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 defmition 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 defmition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 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. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 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 II.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 NPDES Permit Stan_ dard Conditions Page 17 of 18 enforceable Pretreatment: Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905,, and .0906(b)(4)] 5. Industrial User Pretreatment 'Permits (RT) & Allocation Tables In accordance with. NCGS143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the. Permittee's collection system or treatment works. These permits shall contain limitations, sampling protocols, .reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment. and control technologies to assure that their wastewater discharge will meet all applicable, pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all 1UPs. Permitted LUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40. CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The. Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity, to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .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 02H.0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must:', a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all. Significant Industrial Users (SIUs) at least once per calendar year for all SlUpermit-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. 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'§ pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC' 02H .0906(b)(5) and.0905 40 CFR 403.8(f)(1)(v) and (2)(iii); 40' CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations. of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et.. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 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. [l5A NCAC 0211 .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. Inlieu of submitting annual. reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the. Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following, address: Version 1110912011.1 NPDES Permit Standard Conditions 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 276994617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Perinittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program SummgU (PPS) A pretreatment ,program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR); A list of industrial Users (Ws) 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 (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; ,e. Other Information Copies of the POTW's allocation table,, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (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 months of the applicable twelve-month period. [15A. NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including, general records, water quality records, and records of industrial impact on the, POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 1,3. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and 0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications; POTW monitoring of their Significant. Industrial Users. (SiUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 1.5A NCAC 02H .0907. Version 1110912011.1 Ao'A=Nb� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins " Dee Freeman'+ Governor Directore�xetary�-. November 5, 2010 Mr. Henry K. Odom Magnolia Place MHP 1 Ariel Loop Hendersonville, NC 28792-9583 Subject: Issuance of NPDES Permit NCO071862 Magnolia Place Mobile Home Park WWTP Henderson County Dear Mr. Odom: NQV 1 2 2010 ; WATER QUALITY SECTION v ASHEVILLE REGIONAL OFFICE Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated 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. The Division considered your request to have the monitoring frequency for BOD, TSS and fecal coliform reduced from weekly to 2/month based upon the monitoring frequency assigned to a nearby permitted facility. While there are some similarities between the'two facilities, their differences, plus the differences in the characteristics of their respective receiving streams, justify the assignment of different sets of monitoring frequencies (and effluent limits). As a result, the Division cannot grant your request. 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 Clear Creek is listed as an impaired.waterbody on the North Carolina 303(d) Impaired Waters List. This means that the stream does not meet all water quality standards. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, mitigative measures may be required. 1617 Mail Service Center; Raleigh, North Carolina 27699-1.617. One - 1 Location: 512 N. Salisbury St. Raleigh, North Carolina27604 LL NorthCas ollria• Phone: 919-807.6300 \ FAX: 919.807-6492 \ Customer Service:1-877-623-6748 / Internet: www.ncwaterquality.org �gtllt"q�`l� An Pnual nnnnrtunity\ Affimitive Artinn Fmnlnver U Mr. Henry K. Odom Magnolia Places MHP WWTP. Permit Renewal 2010 p. 2 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 SFr cc: Central Files �'evillerRegional 3f�iceJSurfa �:vater_s �otecti.on�.Sectan NPDES Unit Permit NCO071862 M 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, Henry Keith Odom is hereby authorized to discharge wastewater, from a facility located at the Magnolia Place Mobile Home Park 1 Ariel Loop off NCSR 1582 Northeast of Hendersonville Henderson County' to receiving waters designated as Clear 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. The permit shall become effective December 1, 2010. This :permit and the authorization to discharge shall expire at midnight on November 30, 2015. Signed this day November 5, 2010. �olyeen H. Sullins, Director ( Division of Water Quality' By Authority of the Environmental Management Commission Permit NCO071862 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. Henry Keith Odom is hereby authorized to: 1. Continue to operate an existing 0.022 MGD extended aeration package plant consisting of the following components: ♦ Flow splitter box ♦ Dual manual bar screens ♦ Dual 15,000 gallon aeration basins ♦ Dual clarifiers with skimmers -and sludge returns ♦ Tablet chlorination ♦ Chlorine contact chamber ♦ Tablet dechlorination ♦ 22.5 degree v-notch weir ♦ Effluent pump station with dual high water alarms This facility is located at the Magnolia Place Mobile Home Park WWTP, at 1 Ariel Loop, off NCSR 1582 in'Henderson County. 2. Discharge at the location specified on the attached map into Clear Creek, classified C waters in the French Broad River Basin. Permit NCO071862 B 1 �§� r � �� �• � � K ti`�,/r�'`,A ,�,''' ♦ �C \• �' a of • ai n ai� • �` //''�� /^, E kl l b � x � '4!eaf " 'h ��`' ( � �dti f —v railer kk Mile 2 ( x' Oak Hit •. _z C x k " a k• bO ,:,,; }}} JJJ J �. e J "i�L T 4 ( r ■ ) �1 o f �� ✓ n r do ! /7 "a, I, 4 t H f53 {F y 1 'VI1lx��Z '� as zia 6a V:, vvv ♦ agltGan x a ,flx 1 ;, _r, t{ N '�^ +- '� ;t "� E# : t`• a i s kg _ urta #~fju Q r � + Wa •�yt�;Ly�l�-/ �t '_=,! �� i • t'^.. `t+ <� t "'-lr 6 •II� j �t f fi g \� ao �, -r •fir ~� a�=- • � �1�� • �� , �l ak tn�� i'— �` C ;� -1UIVor,s�/av • �r 0 1 . Magnolia Place, Mobile Home Park W WTP 9 Facility k� � � � o- Location VIM,, ° Latitude: 35 22'06" Longitude: 82'25'15" Quad Name: Hendersonville NPDES Permit y Y �- Henderson County Stream Class: C NC0071862 Receiving Stream: Clear Creek®Y¢h Sub -Basin: 04-03-02 r. Permit NC007.1862 , A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: E x x° qx LIMITS MONITORING REQUIREMENTS CHARACTEFi�STICS (ParameterCotles)w ,,Monthly 3: Dailyr Measurement `Sample A Sample7ype� Locationx Flow 0.022 MGD Weekly Instantaneous Influent or Effluent 50050 (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent )day (00310 003 Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00530 NH3 as N 2/Month Grab Effluent 00610 Fecal Coliform (geometric mean) 200/100,ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorines 28 µg/L 2/Week Grab Effluent (50060 Temperature (°C) Weekly Grab Effluent 00010 pH >_ 6.0 s.u. and <_ 9.0 sm. 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 yertified), 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. j-,4PDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS TOR 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 Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a L4-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 ivi'DES 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). DW Q 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 .LNPDES 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 11.6 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. UP -Set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations' and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 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 1.4 PDES 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 knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [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)(13)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 712009 iv PDES 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-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who .performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 712009 NPDES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '9 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (% 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 214.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 l-,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.02011. 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 iN 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. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 712009 N?DES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate ,the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either- by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) . Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / 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 -die 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 iN.PDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: 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 ivPDES 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 122.410) (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 Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 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 iN i'DES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 712009 L4?DES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans 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 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall, evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 712009 114 PDES Permit Standard Conditions Page 14 of 18 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 214.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 iv PDES Permit Standard Conditions Page 15of18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I' of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60. degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW,. but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW -in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates Version .7/2009 lvt'DES 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 211.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 0) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Version 712009 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 2H.0909, specific Local Limits toimplement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. S. 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 (f) (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(0(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 Permittee shall report to the Division in accordance with 15A NCAC2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. 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 Summary (PPS), A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR� The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d) Industrial Data Summary Forms (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 JDSF) 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( )(5)..0908(b)(5) and .0905 and 40 CFR 403.8(0(2) (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 211.0114 and 15A NCAC 2H .0907. Version 712009 Michael F. Easley, Governor , William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 14, 2005 Mr. Henry K. Odom Odom Associates Development 1 Ariel Loop Hendersonville, North Carolina 28792 Alan W. Klimek, P. E. Director Division of Water Quality I WATER OJALIT`( SECTION A.SHEVILLE REGIONAL OFFICE Subject: Issuance of NPDES Permit NCO071862 Magnolia Place Mobile Home Park WWTP Henderson County Dear Mr. Odom: 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. We received and reviewed your letter dated October 17, 2005 regarding the draft permit. Unfortunately, we can not change the monitoring frequencies to two times per month. The monitoring frequencies are applied to all facilities as outlined in 15A NCAC 2B .0508, and we must adhere to these regulations. This permit includes a TRC limit that will take effect on Tune 1. 2007. If you wish to install dechlorination equipment, the Division has promulgated a simplified approval process for such projects. Guidance for approval of dechlorination projects may be viewed online at http://www.nccgl.net/news/ATCoverview.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 (39) 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, Alan W. Klimek, P.E. cc: Central Files AshevillerRegional Office/Sur faces,W, t ProYection.Sect on NPDES Files NorthCarolina NaWrallf N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet:. httpJ/h2o.enr.state.n0.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Permit NC0071862 �- 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, the Henry Keith Odom is hereby authorized to discharge wastewater from a facility located at the Magnolia Place Mobile Home Park 1 Ariel Loop off NCSR 1582 Northeast of Hendersonville Henderson County to receiving waters designated as Clear 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. The permit shall become effective December 1, 2005. This permit and the authorization to discharge shall expire at midnight on November 30, 2010. Signed this day November 14, 2005. 4r Alan W. Klimek, P. E., Dfrector Division of Water Quality By Authority of the Environmental Management Commission Permit NCO071862 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. Henry Keith Odom is hereby authorized to: 1. Continue to operate an existing 0.022 MGD wastewater treatment system with the following components: Dual 0.015 extended aeration plants, each consisting of the following components: ♦ Bar screen ♦ Aeration basin Clarifier. ♦ Sludge holding tank ♦ Tablet chlorination ♦ Chlorine contact .chamber ♦ Effluent pump station This facility is located at the Magnolia Place Mobile Home Park,WWTP at 1 Ariel Loop off NCSR 1582 in Henderson County. 2. Discharge at the location specified on the attached map into Clear Creek, classified C waters in the French Broad River Basin. Facility Information Facilityg Location a Latitude: 35°22'06" Sub -Basin: 04-03-02 Longitude: 82°25' 15" Quad Name: Hendersonville Stream Class: Receiving Stream: C Clear Creek Henry Keith Odom -Magnolia Place Mobile Home Park North HendersonCounty Permit NCO071862 A. (IL.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be. limited and monitored by the Permittee as specified below: AKA. 'zEffluent� LIMITS` MONIT®RIN�aREQUIiEMENTS�; ',. -"$ �` t f-y 'ix `` €", '.., KS rv5 t ' 3'e�.'i3Y -f }`A^ i S S S # k ate,£ n3 s.a¢af Z �+. t x 3 �`.Y 94Y�".g-',` a z.w k$ �, .Ytw-z >CLapractemstics �ar tMF, , (Parameter Codes) x.Maxfmi�m` Frequencyh ..overage...; 0.022 IVIGD .. _.. a,u.t Weekly Instantaneous Influent or Effluent Flow (50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly. Grab Effluent 00310 Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent (00530 NH3 as N 2/Month Grab Effluent 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) pHz Weekly Grab Effluent (00400) Footnotes: 1. The limit for total residual chlorine will take effect June 1, 2007, only if chlorine is used. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the; collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day maybe used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through- December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24.hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over .a 244hour period at a constant time interval. This method may only be used in situations where effiuent flow rates vary less than 15 percent. 'The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 400 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Requirements Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except, at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division' The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection levq'� shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement " A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 76 Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality Quarterly Avera re (concentration limit) The average of all samples taken over a calendar quarter. Severe prper damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any -pollutant listed as toxic under.Section 307(a)(1) of the Clean. Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or, monitoring requirements. An upset does not include noncompliance caused by operational error, improperly. designed treatment facilities,' inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration hmitl . The arithmetic mean of all "daily discharges" of a pollutant measured -during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Dui to Comp The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations' that establish these standards or prohibitions or standards for sewage sludge use or disposal; even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a. pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6120/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not, more than 6 years, or both. [40 CFR 122.41 (a) (2)] 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)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition . or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during -which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permitiee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this ,permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages; such as fish kills, _ even though the responsibility for effective compliance may be temporarily suspended. 5. PrWertty 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. Versinn wnvnn3 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit; or the application of any provision of thi permit to any circumstances, is held invalid, the application of such, provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this pemut. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this pemut [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. 41. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as. follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements and where authority to sign documents has been -assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor; respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 Version 6120/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 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 Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution controltreatment 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.02011. J The ORC of each Class I facility must: ', ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ . Comply with'all other conditions of 15A NCAC 8G.0204. Once the -facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of - Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and, maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or_ used -by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (CA- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not *subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (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 Version 612012003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 G)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once ,per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters. as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 'USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the ' monitoring required by this permit, ' all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, . then the most sensitive (method with the lowest possible detection and reporting. level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two, years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ , copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements' Page 10 of 16 e. The analytical techniques or methods used; and f The results of such analyses. S. Inspection and Entry The Perrnittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Penmittee shall give advance notice to'the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.410) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware. of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) _(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) .662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.410) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any'other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidentiaL Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat, municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine 'or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; — (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 NPDES Permit Requirements Page -13-of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of _less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. 'Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW, C. 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 407C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the. POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure' compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean' Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Sewer Use Ordinance (SUOI The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWSl The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWAI and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H -.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (11Z & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements,, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 NPDES Permit Requirements Page 15 of 16 Authorization to Construct (A to C) 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. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the. period from July 1 through December 31,, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCRI The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSP� Version 612012003 f NPDES Permit Requirements Page 16 of 16 - Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Pern ittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permiuee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Pemnittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, .water quality records, and records of industrial impact on the POTW. 13. Funding; and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H.0907.. 4 \ — Version 612012003 Frazier, Wanda From: Frazier, Wanda Sent: Friday, September 17, 2010 1:29 PM To: Sledge, Bob Cc: Edwards, Roger Subject: Draft NPDES Permit NCO071862 Attachments: NCO071682 Draft Permit 2010.pdf; NCO071862 6-9-10. pdf; NCO071862 6-9-09. pdf; 71862 a cover page 2010.doc Hi Bob, Everything looks good. I met with the contract operator and did an inspection on 6-9-20.10. Attached are the two most recent inspection reports. Here's what I would suggest. Supplement to permit cover page: (see attachments) Continue to operate 0.022 MGD extended aeration package plant consisting of: flow splitter box; dual manual bar screens; dual 15,000 gallon aeration basins with dual blowers providing diffused air; dual 5 ft x 10 ft clarifiers with skimmers and sludge returns; tablet chlorinator; chlorine contact basin; tablet dechlorinator; 22.5 degree v-notch weir; effluent pump station with dual high water alarms and 2-inch force main to Clear Creek. Note: There is no sludge holding tank, as was indicated in 2005-2010 permit. Permit limits page: Footnote #2, which references the pH minimum and maximum, I would move to up inside the limits "box" with all the other limit values. I feel.that everything else in the attached documents is accurate. ARO recommends renewal of this permit. Let me know if you have questions or comments. 1 Thanks, Wanda Wanda Frazier Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Sledge, Bob Sent: Thursday, September 02, 2010 6:54 AM To: Frazier, Wanda Subject: Draft NPDES Permits Hi Wanda, Here are a few more draft permits for facilities in the ARO. I've sent them your way because BIMS shows you to the last inspector to visit the site. If I've sent them to you in error, would you please forward them to the right person in the office? Thank you. I hope you enjoy your holiday weekend. ]Me Bob Sledge Environmental Specialist Compliance & Expedited Permits Unit NC Division of Water Quality bob.sled.ge@—ncdenr.gov (919) 807-6398 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. 2 21 - GA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Mr. Henry K. Odom Magnolia Place MHP , 1 Ariel Loop Hendersonville, NC 28792-9583 Subject: Draft NPDES Permit Permit NCO071862 Director September 1, 2010 _ Magnolia Place MHP WWTP Henderson County . Dear Mr. Odom: Dee Freeman Secretary Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following change from the terms of your current permit: The facility description has been updated to reflect recent upgrades to components within the WWTP. The design capacity of the facility has not been changed. 9 A footnote has been added regarding the reporting and compliance determination of Total Residual Chlorine values. Please note that the receiving stream (Clear Creek) is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, mitigative measures may be required. Submit any comments to me no later than thirty days following your receipt of the draft. Comments —should be sent to the address listed at the bottom of this -page. If no adverse comments are received from the public or from you, this permit will likely be issued in November 2010, with an effective date of December 1, 2010. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One�L, Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Nor1.11Ccarohna Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 `/�►v'J y� !/ Internet: http://portal.ncdenr.org/web/wq �itltL R��l� An Equal Opportunity \ ABlrmative Action Employer Mr. Henry K_ Odom NCO071862 Renewal Draft p. 2 If you have any questions or comments concerning this draft permit, call me at (919) 807-6398, or contact me via e-mail at bob.sledge@ncdenr.gov. Sincerely, Bo Sledge Point Source Branch cc: NPDES Files Central Files ec: Asheville Regional Office/Surface Water Protection Section TACU — James Pugh Permit NCO071862 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, Henry Keith Odom is hereby authorized to discharge wastewater from a facility located at the Magnolia Place Mobile Home Park 1 Ariel Loop off NCSR 1582 Northeast of Hendersonville Henderson County to receiving waters designated as Clear Creek in the French Broad River Basin in accordance. with effluent limitations, monitoring requirements, and other_ conditions set forth in Parts I, lI, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on November 30, 2015. Signed this day DRAFT Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO071862 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. Henry Keith Odom is hereby authorized to: 1. Continue to operate an existing 0.022 MGD wastewater treatment system with the following components: ♦ Dual 0.015 extended aeration plants, each consisting of the following components: ♦ Bar screen ♦ Aeration basin. ♦ Clarifier ♦ Sludge holding tank. ♦ Tablet chlorination ♦ Chlorine contact chamber - ♦ Tablet dechlorination ♦ Effluent pump station This facility is located at the.Magnolia Place Mobile Home Park WWTP, at 1 Ariel. Loop, off NCSR 1582 in Henderson County. 2. Discharge at the location specified on the attached map into Clear Creek, classified C waters in the French Broad River Basin. Permit NCO071862 FB UNH 9^. - x#" A43• rot � fear .;r e`I� • � �`" ` � ,� � �o � 1� ' • � S did : 'rs � :.. ♦',� C � ."3 k Tt".$.f•"�.r yaw h-"+',•. ,`` ,,,xs,.,.^••.-.,> :h • « • �- rarier 6-s � � �^ s i3 •f7fY..� :M, fir' S y;K rt $'�' 4;.5' �., �• ��� � � (`� �.-�• «� � ����, ���, � sir � ��,�"�.a kI ``• s3 Y ♦ '. \ ,�•wc � ' 3 � ! �, 1'^'.\ y3 m'r �" �4 ``7. Marx es� �ys� � �2d b � }. a.-➢^^`� �, ♦ � }a�f'�� � kit 1 } r�7/ Sri 3 �.� _«- ..� �-\.� ,.�� ." • �, �`t`� � /! ` � >� "rr `,.♦ 17t,ftr INK x f T , � � � ��'"F"" � � �``�-a- �`� ! �. •"� it � �,��� „, � �; �,: ,, ..'. "z t s!>�Fafze,, ' ems- aj # '.,,�•, .- !p a�.. as dfav C rt��`_r^� vt 3 4 `�� � � � � �.�� x £.5." #pg �.¢,;,,.. � •^. ;i..; \ , 3G�`#r.� T� ..LF� Magnolia Place Mobile Home Park WWTP Facility Location Latitude: 35°22'06" Longitude: 82'25'15" Quad Name: Hendersonville NPDES Permit Stream Class: C NC0071862 Rece'MngStream: Clear Creek North Henderson County Sub -Basin: 04-03-02 ' Permit NC0071862 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: ,GI—�`•._Y�IYT s. .� Y � } * a` t� z t - ,� >r � �. Y*- e k '&`yd,-"��, a*s.. �*r?t*n xt�3'K ,CHARACTERfST1C� tParamef±3[ Cda�esJ Mbthly Dail' Mesuremeit Sampla Typ a5ip1Ltc� on°. �, axrmtit _veagax MequenGy Flow 0.022 MGD Weekly Instantaneous Influent or Effluent (50050 BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent 00310) Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent (00530 NHs as N 2/Month Grab Effluent 00610 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorines 28 P,g/L 2/Week Grab Effluent 50060) Temperature (°C) Weekly Grab Effluent 00010 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 µg/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. :.7. MCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 10, 2010 HENRY K ODOM OWNER MAGNOLIA PLACE MHP 1 ARIEL LOOP HENDERSONVILLE NC 28792 Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO071862 Magnolia Place WWTP Henderson County Dear Mr. Odom: The NPDES Unit received your permit renewal application on May 20, 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 . cc: CENTRAL FILES A# sheevill_, R egioilal-lOff7e-./ Surface Water Protection NPDES Unit ��iNi!':�iT.�:i;':., ,W...T�;Wi'J'1..t,!a•rR�ry..,j%'k—teD) !.Nu'ar.i�Rt.:t4rv!!la.H ,:o.... i 1, JUN 1 4 20101 vvn lLfl v,f Ul'1L11 T .7G1✓1IV IV ��i ASREGIONAL OFFICE 1617 Pail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One 1 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 North.Car®l.1.11.4`l Internet: wwvu.ncwaterqualifij.org An Equal Opportunity \ Affirmative Action Employer a May 18, 2010 Dear Mrs. Sprinkle, Thank you for your attention to this permit #NC0071862. Enclosed you will find the necessary paperwork for request of renewal of our permit. The only changes to the facility was the addition of a tablet dechlorination unit per instructed by last permit. Once again, thank you for your handling of the permit renewal. If you have any questions, please call us at (828)685-9520 or email us at c_odomkbellsouth.net. Thank you. Sincerely, Ix 0�;ezz--- Henry K. Odom Magnolia Place M FiP iY � - - ` •. := , ors , s I Y; JU N 1 4 2010 j J WATER QUALITY SECTION +' p,SFiEVILLE REGIONAL OFFICE 'fix Ci:iA,Y3b.i, ...u.iasx -4 .�r..-.� ....w .. ._:-A4V• .nadih -NPDES 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 INC0,01 I you are completing this form in c64uter use the:TAB*ke or the u down arrows to moue from one .f y P 9 -f p y.�_ • P field-to-the-next. -Tbcheck-the boxes; click your mouse on top of, ahe:box.._Otherwise; please;print e. orayp 1. Contact Information: Owner Name emry f Wolm_ Facility Name YA � A)1) , �4 l Ace_ 1 a h ,' j e Mailing Address Op. 1 City - e� der 5 b ry v l State / Zip Code C Telephone Number Fax Number e-mail Address © o x4 (f 6 e ,Sp v�-4 , /) e- 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address' or State Road ` 1 - e �" p Dp City CPU o f �s CA) U L 1 State / Zip Code County H e ll% d e rs D j 0 (0 i 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 ORff__C) Name - El` 6l �/°� 1 T � . Odom Mailing Address If- f 1 1 a 0 P City en O' i't1-(J ' ( . State / Zip Code C g 9 Q tLB Telephone Number (�a�) S +• '5a D D to Fax Number ($Z f1 Q) of S —q r 2 A 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential. School ❑ Other ❑ Number of Employees Number bf Employees Number of Domes,, Number of Students/ Staff Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): %'v1. o l' )C home P y4 r l� Population served: / �0 b S. Type of collection system Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points i Outfall Identification number(s) Is the outfall equipped with a diffuser? .0 Yes ® No 7. Name of receiving stream(s) (Provide a map, shouting the exact location of each outfall): OP—Ar 8. Frequency of Discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9: JV@Sa.ilase the taeaLiii':ria. ay%Stcaaa List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Coro "i S T t,o r .1116 C D Y0 f 6rU 0,1V JZ-5 �e, r4� fory qs i�v f,V ���/� of 0Al b%+ h)ot-- Yv r 2 of 3 e F C" I L)eA� POP 0/1-1 Form-D 05/08 LmPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow ti 03 0 MGD , Annual Average daily flow © OIDy1 MGD (for the previous 3„years) Maximum daily flow w M G D (for the previous:-.3 .years) 11. Is this facility located on Indian country? ❑ Yes 1-+ No- 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly. average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) , a a? L Fecal Coliform , /Q© ni L Total Suspended Solids, 8 I ®, !L Temperature (Summer) , I� e Sf dr-�oiof C Temperature (Winter) ' 3 �1 I `7 d e cee5- l_ pH 1 e o y�e � � (. ,,.) ( 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) / � 4 NESHAPS (CAA) &A UIC (SDWA) / Ocean Dumping (MPRSA) /1 NPDES Dredge or fill (Section 404 or CWA) A/ f� PSD (CAA) M Other Non -attainment program (CAA) /v Jh 14. APPLICANT CEIZ x'Ir ICA T IO1V 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. H eN t-y y�e �� C)jt)hn D w Au e /' Printed name gfi,erson Signing Signature o Applicant Title S,ILI�,f0 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 05/08 May 18, 2010 Sludge Management Plan Magnolia Place MIP Permit #NC0071862 When sludge accumulates at the wastewater plant, a septic Pumping company is called and they remove sludge with the proper equipment and truck. The current company I am using is "Mike's Septic". Once sludge is removed it is transported to Brevard City Facility and properly treated there. Henry Keith Odom A to C No. 071862A01 March 30, 2007" w Engineer's Certification R r� a I, tswwv, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/w TH-fit ) the construction of the modifications and improvements to the Magnolia Place WWTP, located on 1 Ariel Loop in Henderson County for Henry Keith Odom, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of a dechlorination system utilizing sodium sulfite pursuant to the fast track application received on March 27, 2007, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the above referenced project was observed to be built within subst a compliance and intent o e approved plans and specifications. VSignatur Registration No. 15- 7451 -7 Date 4-� ,aeaoue�oq Send to' Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 is ee C a e SEAL a e 15707 ao Ye � .. .1_.__.____—vrsuaawR�iVY.'�'.it1Y.:.•:J1:µ�1f�yAi.Nre'•.nymrwtiiwwruu�•r .r.•..:y` 34-,, -P(D\4,� PERMIT NO.: NCOO -7 J 8<OZ NPDES WASTE LOAD AL CATION FACILITY NAME: Od Owe A--,c oc4'& 4-e- S P uo Facility Status: EXISTING G PROPOSED (circle owe) Permit Status: RENMAL MODiRCATION LW RJ% R (circle owe) (�D Minor Minor ✓ Pipe No: a® 1 CS � Deslgn Capacity (MGD): O. 022 Domestic (X of Flow): 1 o o Industrial N of Flow): Comments: *- 2evtsej Ll' uC51Z 158Z sr-d(je over cl.aa.oe�e�E RECEIVING STREAM- _ Gl e- a. r' rr-ee, Class: C Sub -Basin: 'O -D Reference USGS Quad: F Gi gLJ (please attach) County: — 1-te,.,d-wroo ,, Regional Office: Fa Mo Ra Wa Wi WS (circle ewe). Requested Prepared By: Reviewed B—,4L" y: ,te: 4730,S 7 te: �b 'Z G te: IPA- Modeler Date Rec. -T,GD Io 8'I Drainage Area (mia) 39 Avg..Streamflow (cfs): 7Q10 (cfs) 113 Winter 7Q10 (cfs) 16 30Q2 (cfs) 26'S Toxicity Limits: IWC % (circle one) Acute / Chronic Instream Monitoring: Parameters Upstream Location Downstream Location Effluent Characteristics Summer Winter BODE (mg/1) 30 NHj N (mg/0 nrr D.O. (mg/1) N� TSS (mg/1) 30 F. Col. (/100m1) N pH (SU) All' CGS®" f�CT 2 1557 Comments:A n4 _ ,Ashe'viIle. v0rl.h l - ;-nu �~ . "... ........ ....... ............................ .. L.................... ............ W ELOAD ALLOCATION APPROVA| Permit Number Facility Name Type of Waste Status Receiving Stream Stream Class Subbasin County Regional Office Aequestor Date of Request Quad NC0071862 ODOM ASSOCIATES PUD DOMESTIC PROPOSED CLEAR CREEK C O40302 HENDEPSON AQO SHANKLIN 1O/1/87 F9SW ]AM ---- - �� ------ -- `�������I V E7 ED 0)"rW|vMon A�T iC �QD7 �`'' ' u .^u/ / A:|a�:' Drainage Area (sq mi) 39. Average Flow (cfs) 64.4 Summer7q10 (cfs) 11 3 Winter 7Q10 (cfs) 16 30w2 (cfs) 26.5 ------------------------- RECOMMENDED EFFLUENT LIMITS ------------------------- Wasteflow (mgd) 5-Day BOD (mg/1) Ammonia Nitrogen (mg/1) Dissolved Oxygen (mg/1) TSS (mg/1) Fecal Coliform (0/100ml) pH (SU) O O22 ao ��m'� K��� nn ~' ` ^ wA 30 mn ]�w� NR' n --------------------------------- MONITORING --------------------------------- Upsxream (YIN): N Location: Downstream (YIN): N Location: .... .... .... ........... .................... ........ -........................ ........ ............................ ................ - COMMENTS '---'--- '------------------------ THIS IS A REVISED DISCHARGE POINT FROM PREVIOUS WLA REQUEST #4162 FOP ODOM ASSOCIATES PUD. ................ ................ ................................ ....................... ........ ........ ........ .... .................... ................ ............................ ................... ........ .... ............................ .... .... ............ .................... ........ ........... .... .... .... .... Recommended b «�' ' Da� --- - �' -_ Reviewed by: A' -- ' � Tech. Support Supervis Aegional Su m3r Permits & Engineering __J Da�e T- r t Womplete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X so that we can return the card to you. e�Sl Xr� ■ Attach this card to the back of the mailpiece, B. Receid, htet or on the front if space permits. A D:-►s:� Henry K. Odom 1 Ariel Loop Hendersonville, NC 28792-9583 rl11111tl1ltllll 11111 11111111111111111111111111111111111 1111111111111 9590 9402 2119 6132 6443 64 7016 11P010001-161571 0 Agent' ❑ Addre different from item 1? LI Yes , y address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MallTM ❑: Adult Signature Restricted Delivery ❑ Registered Mall Restrict Certified Mail® ���livery ❑ ertified Mail Restricted Delivery "'Red Receipt for ❑ Collect on Delivery erchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation* 8( ail 11 ail Restricted betivety'1 I I ❑ 8igrature Confirmation I I I Restricted Delyegty, PSiFrirm A11 - . h dv onl F iacni 7san_nc_nnn_onrgN: l..-� o //i .. M ll USPS T�I�ING #e_� First -Class Mail Postage & Fees PIT USPS Permit No. G-10 9 1112 6443 64 States ; I •�;enoeri Please print your name, address, and ZIP+4® in this box* I ` r� JANET CANIIIJELL NCCEG-0WR.R•WORORCS 2090 U.S. HIGHWAY70 SWANNANOA NC 28778 ■ *let& items 1 -2 + jtjnatur9 ❑ Agent our name and' atldress on the reverse. X {1 p so -that -we _can_ tur car�to �rnu l _� /1��� �wk.-'O Add. °e�"z 11 (Printed am C. ate fpgli Henry K. Odom I i l �' 1-Ariel Loop � ^ ' `) � � �� ddress Hendersonville, NC 28792-9583 dyadditromite1, ❑Yes . ' � enter delivery address below: lil L..�c�+FNED 9590 9402 1846 6104 5560 77 �_n a;cJu�lumhartTransfecfrnmsecviceJahe11 7'b1i515201 0=2013t54363 i BIR 4 ❑ Adult Stature ❑ Adult Si nature Restricted ❑ Certified ❑ Collect c Delivery qq . t:l 2011 �` ❑ Priority Mail I ❑ Registered N Mr, ❑ Signature Cc ❑ Signature Cc DS, Fnrm 9911 , ..imiv gn1.5 Penl ,7sgn_nq_nnn_onw , AJf)l1 _ �L/, i D 1Le A-JW%— r-N--- �+;.. oe+-- USPS MClMIG # 9590 9402 IW16``10'4 5560 77 111111 United States • Sender: Please print your name, address, and ZIP Postal Service CANiELL NCO COLVEO-0WN•WOROS 2090 U.S. HIGHWAY 70• 9 SWANNANOA NC 28778 First -Class Mail Postage & Fee sd USPS Permit No. G-1 in this box* }f)!t 1 11lifs!��!!!f!fJill, 11111111IIl1]1lJi.l��!J!}�AF�73�!'I���. ■ C ete items 1, 2, and S. Also complete it if Restricted Delivery is desired. ■ Prin your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to HENRY ODlJM I ,ORIEL LOOP �HEPlDE ..St3NVILLE NC 28792-9583 �] '.. A. Si I` e A. I ❑Agent IP Add esse B. Received by (Printed Name) 1�p a of el• re D. is delivery address different from item 1�?I` 2YJe U If YES, enter delivery address below: No 3.-V61ce Type Certified Mail P Express Mail ❑ egistered jWketurn Receipt for Merc andisi ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7006 3450 0002 7064 0499 AJ60-2601- LV -6q5' �q Fnrm RR1 I F:Phriinl onna ..:. rinm—tin Rcti— P—i.,r UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and First -Class Mail Postage & Fee- n id USi'S Permit No. G-1 :. M.S. WANDA FRAZIER �U C NCDENR-DWQ-SWP Co v 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 �O v I � � ,ter ■ Complete items 1, 2, and 3. Also complete A. item 4 if. Restricted Delivery Is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1'"i xt ;x E3 Agent , ❑ Addresse( by (Printed Name) C. D to c Deliver) 13 - - -` -- - —ss different from item 1? Uyes a V� +_00/ tUr�VVi Ni rih Ca, olrra Department of livery address below: ❑ No En`/i.on Bent and riatural ResOUrces Division of Water Quality e Water ,DjoteCtjo, Sectiop 2090 U S .-•y -; 0, &,vannanoa. N,: ^3%78 Henry K. Odom Se ceType Magnolia Place WVU i P RrCerfiffed Mall 0 Ekpress Mail 1 Ariel Loop egistered Return Receipt for Merchandise Hendersonville, NC 28792-9583 ❑ Insured Mail .O.D. Ir+1,�Ira�e�orrAB�liirrlil0r�snlolilr,i,,,o�r�l,,,r,riirii„i RestrictedDelivery4WraFee) ❑Yes 7010 1870; 0001 U1875i i 2469 '' LV,903 _0©'3 -1 , /P PS Fnrm SR11 . Fehnrary 9nn4 Dnmactir Raturn RArPint 1n75Q5-n9.M_15d UNITED STATES POSTAL SERVICE t �:am•.4tx • Sender: Please print your name, address, and IP; l4 i aC f� d `• n n ^7 m JANET CANTWELL o q NCDENR-DWQSWP m o 2090 U.S. HIGHWAY 70 O SWANNANOA NC 28778 •I � 011111111'ilil111111'1111i]III III III "illlilIIIIili111III 111i,) M M M.7 IV fV _O CA) IN Complete items 1, 2, and 3. Also complete A. atur item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse io so.that we can return the card to you. B. Rgpeived by (I ■ Attach this card to the back of the mailpiece VlAIq North Carolina -Department of Environment and Natural Resources Division of Water Quality Surface Water Protection Section NeDENR 2090 U.S. Highway 70, Swannanoa, NC 28778 ❑ Agent ❑ Addresse d Name) C. Date of Deliver different from item 1? Yes ;ry address below: ❑ No Henry K. Odom a 1ceType M gr"r`o7ia Place WWTP - CertiBedMail I]ExpressMail 1 Ariel Loop Iegistered Retum Receipt for Merchandis Hendersonville, NC 28792-9583 0 Insured Mail C.O.D. Restricted Delivery? (Extra Fee) s 70110 '! Iil✓`_�lJa a' PS Form 3811. February 2004 Domestic Return Receipt , 102595-02-M-15. UNITED STATES POSTAL SERVIL f✓ "'4 ^ '' First -Class Mav PM N , -Posiage & Fees -Paid -_- �USPS Q a co my :--_Perrtft Igo: 1D = • Sender: Please rint 'ur'�- na e, address, .artd ZtR-+4-ir�_this-bax U o �L h � 1Y-- ' w Q jl JANET CANTWELL Z l.NCDENR-DWQSWP } 2090 U.S. HIGHWAY 70 CD l CD Q co SWANNANOA NC 28778 d cc _' I Q> i!