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HomeMy WebLinkAboutNCG590010_Regional Office Historical File Pre 2018 (3) ROY COOPER Governor k:1I MICHAEL S. RRGAN �" Secretary Environmental Quality S. JAY ZIMMERMAN Director February 7, 2017 Mr. Shannon Becker, President Aqua North Carolina, Inc. 202 Mackenan Court Cary,NC 27511 Subject: Compliance Evaluation Inspection Oakley Park WTP NPDES Permit No.NCG590010 Gaston County Dear Mr. Becker: Enclosed is a copy of the Compliance Evaluation Inspection for the inspection conducted at the subject facility on February 2, 2017, by Ori Tuvia. Rufus Masters cooperation during the site visit was much appreciated. Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed repot. The main area of concern is that at the time of the inspection the EDMR fail to show the ORC or staff weekly visit. The ORC and staff must ensure that weekly visitations are documented on future EDMRs. If you any questions, please contact Ori Tuvia at(704) 235-2190, or via email at ori.tuvia�ncdenr.gov. Sincerely, Ori Tuvia, Environmental Engineer Mooresville Regional Office Division of Water Resources, DEQ Cc: NPDES MRO Files Mooresville Regional office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 Internet:www.ncwaterquality.orq 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 E 2 IS I 3 I NCG590010 Ill 12 I 17/02/02 117 18 I I 19 I c I 201 I 211 III 11 ill 1II 111 II1II111111 mil IIIIIIIIIII r6 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 67 11.0 1 70 L�[ I 71 El 72 I ti I 731 1 174 711 1 1 1 1 1 I80 Section B:Facility Data l-J l 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) 09:15AM 17/02/02 16/03/01 Oakley Park WTP Exit Time/Date Permit Expiration Date Sequoia Dr 10:00AM 17/02/02 19/07/31 Gastonia NC 28052 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Rufus Mason Masters/ORC/704-507-8533/ Name,Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Christopher A Collins,6902 Sandridge Dr Fayetteville NC 28314/Coastal Regional No Supervisor/910-779-0794/ Section C:Areas Evaluated During Inspection(Check only those areas evaluated) Permit 1. Flow Measurement IN Operations&Maintenance Records/Reports NI Self-Monitoring Program II Facility Site Review II Effluent/Receiving Waters Laboratory 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 Ori A Tuvia MRO WQ//704-663-1699/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date W.Corey Basinger MRO WQ//704-235-2194/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. t17 2C:41 Page# 1 NPDES yr/mo/day Inspection Type 1 31 NCG590010 111 121 17/02/02 117 18 U Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NCG590010 Owner-Facility: Oakley Park WTP Inspection Date: 0 2/0 212 0 1 7 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 El El U 0 application? Is the facility as described in the permit? • 0 0 0 #Are there any special conditions for the permit? El • ❑ 0 Is access to the plant site restricted to the general public? 0 ❑ 0 Is the inspector granted access to all areas for inspection? • ❑ ❑ 0 Comment: The subject permit expires on 7/31/2019. Permit was previuslv NC0086142. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • ❑ 0 El Is all required information readily available,complete and current? • ❑ ❑ 0 Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ❑ 0 • Are analytical results consistent with data reported on DMRs? • El ❑ ❑ Is the chain-of-custody complete? • El El ❑ Dates,times and location of sampling Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses U Transported COCs ❑ Are DMRs complete:do they include all permit parameters? • El El El Has the facility submitted its annual compliance report to users and DWQ? ❑ ❑ 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ III ❑ on each shift? Is the ORC visitation log available and current? • El El 0 Is the ORC certified at grade equal to or higher than the facility classification? • El ❑ 0 Is the backup operator certified at one grade less or greater than the facility classification? • El 0 El Is a copy of the current NPDES permit available on site? MOOD Facility has copy of previous year's Annual Report on file for review? 0 El IN 0 Comment: Records reviewed during the inspection were organized and well maintained. DMRs, COCs, ORC visitation logs, and calibration logs,were reviewed for the period January 2016 through November 2016. EDMR fail to show the ORC or staff weekly visit. The inspection verified that the ORC did visit the facility weekly. The ORC and staff must ensure that weekly visitations are documented on future EDMRs Page# 3 Permit: NCG590010 Owner-Facility: Oakley Park WfP Inspection Date: 02/02/2017 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? • ❑ 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? • ❑ 0 0 #Is the facility using a contract lab? • 0 0 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees • ❑ ❑ ❑ Celsius)? Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 11 0 Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 • 0 Comment: On-site field analyses(pH and total residual chlorine)are performed under Aqua North Carolina's field laboratory certification#5035. Water Tech Labs(TSS, turbidity, iron, manganese) has also been contracted to provide analytical support. The laboratory instrumentation used for field analyses appeared to be properly calibrated/verified and documented Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? • 0 0 ❑ Is proper volume collected? • 0 0 0 Is the tubing clean? ❑ 0 • 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees 0 0 • 0 Celsius)? Is the facility sampling performed as required by the permit(frequency,sampling type • 0 0 0 representative)? Comment: The subject permit requires effluent grab samples. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 11 0 0 0 Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable 0 0 • 0 Solids,pH, DO,Sludge Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 0 • 0 Is storage appropriate for cylinders? • ❑ ❑ ❑ #Is de-chlorination substance stored away from chlorine containers? • ❑ 0 0 Comment: Page# 4 Permit: NCG590010 Owner-Facility: Oakley Park WTP Inspection Date: 02/02/2017 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Are the tablets the proper size and type? • 0 ❑ 0 Are tablet de-chlorinators operational? • 0 0 0 Number of tubes in use? 3 Comment: Sodium sulfide tablets are used for de-chlornation. Flow Measurement - Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ • 0 Is flow meter calibrated annually? ❑ 0 • 0 Is the flow meter operational? ❑ ❑ • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 • 0 Comment: Instantaneous flows are based on the calculated backwash volume and duration. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 0 0 Are the receiving water free of foam other than trace amounts and other debris? 0 0 0 • If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment: No discharges were observed at both outfalls during the inspection. Page# 5 North Carolina Department of Environmental QualiC ILE la Pat McCrory o lomor Donald van derVaart Governor Secretary November 23, 2015 UAL 60CVr �' Mr. T rts,President Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 Subject: Compliance Evaluation Inspection Oakley Park Subdivision WTP(Wells#1 and#2) NPDES Permit No.NC0086142 Gaston County Dear Mr. Roberts: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 19,2015 by Mr. Wes Bell of this Office. Please inform the facility's Operator-in- Responsible(ORC)of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Mr. Bell at(704)235-2192, or at wes.bell@ncdenr.gov. Sincerely, .. 1.3 Michael L.Parker, Regional Supervisor Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources,DEQ Enclosure: Inspection Report cc: MSC 1617-Central Files/Basement Gaston County Health Department WB Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-1699\Fax:(704)663-6040\Customer Service:1-877-623-6748 Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer-30%Recycled/10%Post Consumer paper 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 11, 2 15 I 3 I NC0086142 111 12 I 15/11/19 117 18�,. 19 I 201 21I1I1II 1IIIIIIIIII1IIIII1lmill IIIIIIIII (66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------Reserved-------- 67Ito I 701 LJ a I 71 Iit 71 2 1 ti 1 731 1 174 75� I I I I I I 180 Section B:Facility Data LJ l 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) 09:50AM 15/11/19 10/10/01 Oakley Park WTP Exit Time/Date Permit Expiration Date Sequoia Dr 10:57AM 15/11/19 15/08/31 Gastonia NC 28052 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Rufus Mason Masters/ORC/704-507-8533/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas J Roberts,202 Mackenan Ct Cary NC 27511/President/919-467-8712/9194661583 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) ▪ Permit • Flow Measurement III Operations&Maintenance II Records/Reports El Self-Monitoring Program • Sludge Handling Disposal El Facility Site Review 111 Effluent/Receiving Waters • Laboratory Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspee r(s) Agency/Office/Phone and Fax Numbers Date Wes Bell ! L f MRO WQ/f704-663-1699 Ext.2192/ / r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 71 NPDES yr/mo/day Inspection Type 1 31 NC0086142 111 121 15/11/19 117 18 Is] Section D:Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 11/19/2015 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new • ❑ ❑ ❑ application? Is the facility as described in the permit? • ❑ ❑ ❑ #Are there any special conditions for the permit? ❑ ❑ ❑ Is access to the plant site restricted to the general public? M000 Is the inspector granted access to all areas for inspection? • ❑ ❑ ❑ Comment: The Division received the permit renewal package on 3/13/2015. The last compliance evaluation inspection was performed at the facility on 3/24/2011. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • ❑ ❑ ❑ Is all required information readily available, complete and current? • ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ❑ ❑ ❑ M Are analytical results consistent with data reported on DMRs? • 0 0 ❑ Is the chain-of-custody complete? • ❑ ❑ ❑ Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses • Transported COCs III Are DMRs complete:do they include all permit parameters? • ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? DOME' (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator ❑ ❑ U ❑ on each shift? Is the ORC visitation log available and current? • ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? U ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? U ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? • ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ Page# 3 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 11/19/2015 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: Records reviewed during the inspection were organized and well maintained. Discharge Monitoring Reports(DMRs)were reviewed for the period September 2014 through August 2015. Daily maximum and monthly average effluent TSS violations(Outfall 002)were reported in April 2015. The Division has separately addressed these limit violations through the issuance of a NOV/civil penalty assessment. No ORC and/or Backup ORC visitations were documented on the DMR during the weeks of 3/29/2015—4/4/2015 and 6/28/2015—7/4/2015. The inspection verified that the ORC did visit the facility during the above-noted weeks. The ORC and staff must ensure that all visitations are documented on the DMRs and a minimum of ten days is between the collection of the twice per month effluent samples(May 2015 DMR). Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? II 0 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? • 0 0 0 #Is the facility using a contract lab? • 0 ❑ 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees • 0 0 0 Celsius)? Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 11 0 Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 • 0 Comment: On-site field analyses (pH and total residual chlorine) are performed under Aqua North Carolina's field laboratory certification#5035. Water Tech Labs(TSS,turbidity, iron, manganese, settleable solids) has also been contracted to provide analytical support. The laboratory instrumentation used for field analyses appeared to be properly calibrated/verified and documented. The ORC must ensure that the effluent total residual chlorine (TRC) results are not reported on future DMRs below the lowest standard verified on the TRC meter(annual five standard verification). Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ • ❑ Is sample collected below all treatment units? • 0 0 0 Is proper volume collected? • 0 0 0 Is the tubing clean? 0 0 11 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees ❑ ❑ • ❑ Celsius)? Is the facility sampling performed as required by the permit(frequency, sampling type • ❑ ❑ ❑ representative)? Comment: The subiect permit requires effluent grab samples. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? • ❑ 0 0 Page# 4 l 'r Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 11/19/2015 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Does the facility analyze process control parameters,for ex: MLSS, MCRT,Settleable 0 0 IIII 0 Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 0 M 0 Is storage appropriate for cylinders? 0 0 IN 0 #Is de-chlorination substance stored away from chlorine containers? 0 0 • 0 Comment: Are the tablets the proper size and type? • 0 0 0 Are tablet de-chlorinators operational? • 0 ❑ 0 Number of tubes in use? 3 Comment: Sodium sulfite tablets are used for dechlorination. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • ❑ Is flow meter calibrated annually? 0 0 • 0 Is the flow meter operational? ❑ ❑ II 0 (If units are separated)Does the chart recorder match the flow meter? ❑ 0 • ❑ Comment: Instantaneous flows(both outfalls) are based on the calculated backwash volumes and durations. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? • 0 0 0 Are the receiving water free of foam other than trace amounts and other debris? ❑ 0 0111 If effluent (diffuser pipes are required) are they operating properly? ❑ 0 IN 0 Comment: No discharges were observed at both outfalls during the inspection. Page# 5 North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vart Governor Secretary October 20, 2015 RECEIVED/NCDENR/DWR Mr. Thomas J. Roberts Aqua North Carolina,Inc. O C T 2 7 2 015 202 MacKenan Court Cary,NC 27511 WOROS SUBJECT: Payment Al§MHGIONAL OFFICE Civil Penalty Assessment Oakley Park WWTP Permit Number: NC0086142 Case Number: LV-2015-0220 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 705737 in the amount of$396.47 received from you on October 19, 2015. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes,Regulations,or Permits. If you have any questions,please contact Wren Thedford at 919-807-6304. Sincerely, Zua7egond Wren Thedford • cc: Central Files " r ffice 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 Internet www.ncwater.org An Equal Opportunity\Affirmative Action Employer North Carolina Department of Environmental Quality Pat McCrory Donald van derVaart Governor Secretary September 22, 2015 CERTIFIED MAIL 7015 0640 0002 9299 3625 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts Aqua North Carolina Inc 202 Mackenan Court Cary,NC, 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0086142 Oakley Park WWTP Gaston County Case No. LV-2015-0220 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $396.47 ($250 civil penalty+ $146.97 enforcement costs) against Aqua North Carolina, Inc. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for April 2015. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc violated the terms, conditions, or requirements of NPDES Permit No.NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Michael L. Parker,Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc: 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 Phone:704-663-1699\Internet:www.ncdenr.gov An Equal Opportunity\Affirmative Action Employer-Made in part by recycled paper $ 0.00 For 1 of the one(1) violation of G.S. 143-215.1(a)(6) and • NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for TSS. $ 250.00 For 1 of the one (1)violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for TSS. $ 250.00 TOTAL CIVIL PENALTY $ 146.97 Enforcement costs $ 396.97 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 Environmental Quality(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an . attached file (with restrictions) -provided the signed original,one(1) copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. Lacy Presnell, General Counsel DEQ 1601 Mail Service Center Raleigh,NC 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 notice, 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 about this civil penalty assessment please contact staff in the Mooresville Regional Office at(704) 663-1699. . 4A; (Date) Fat Michael L. Parker,Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ ATTACHMENTS cc: Mooresville Regional Office Compliance File w/attachments Raleigh Compliance/Enforcement File w/attachments Central Files w/attachments ATTACHMENT A CASE NO. LV-2015-0220 Outfall Date Parameter Reported Value Permit Limit 001 4/8/2015 TSS 48.8 mg/1 45 mg/1 (Daily Maximum) 001 4/30/2015 TSS 40.4 mg/1* 30 mg/1 (Monthly Average) * Denotes civil penalty assessment Aqua North Carolina, Inc response to NOV-2015-LV-0495 received on August 24, 2015 was reviewed by DWR staff. Mitigating factors were not found to result in a reduced civil penalty amount. VSTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO.NC0086142 ) FILE NO. LV-2015-0220 Having been assessed civil penalties totaling $396.97 for violation(s)as set forth in the assessment document of the Division of Water Resources dated August 7, 2015,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within 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 , 2014 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0220 Assessed Party: Aqua North Carolina, Inc County: Gaston Permit Number: NC0086142 Amount Assessed: $396.97 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER RESOURCES ASSESSMENT FACTORS Violator: Aqua North Carolina, Inc Facility: Oakley Park WWTP County: Gaston Case Number: LV-2015-0220 Permit Number: NC0086142 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; No harm has been documented. 2) The duration and gravity of the violation; The TSS monthly average effluent limit violation exceeded the permit limit by 34.7% for the month of April 2015. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Increased suspended solids (turbidity) increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Resources has no evidence that the violations were 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 There have been 9 previous CPAs for the Oakley Park WWTP, with the last CPA being issued on January 31, 2012, for TSS violations that occurred in October 2011. 8) The cost to the State of the enforcement procedures. The cost to the Division of Water Resources is $146.97. ,2Z. i S Date foQ Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources,NCDEQ RECEIVED/NCDENROWl3 aUG242015 SM WQROS MOORESVILLE REGIONAL OFFICE Thomas J.Roberts,President and Chief Operating Officer 0:919.653.5770 • F:919.460.1788 • TJRoberts@AquaAmerica.com August 21, 2015 Mr. Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section DWR, NCDENR 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Notice of Violation and Notice of Recommendation for Enforcement Oakley Park WTP, Gaston County NPDES Permit No. NC0086142 Tracking Number NOV-2015-LV-0495 Dear Mr. Parker: Aqua North Carolina, Inc. (Aqua)offers the following response for the above-referenced Notice of Violation and Recommendation for Enforcement for total suspended solids violations that occurred in April 2015: Response: The Operator in Responsible Charge (ORC) of the water treatment plant (WTP) is following the backwash sampling method and technique as described to Aqua by your office. In an attempt to decrease the presence of total suspended solids (TSS) in the backwash, Aqua has increased the frequency and the duration of the backwash. Since these operational changes have been made at the WTP,the concentration of TSS present in the backwash has decreased. If you have any questions or comments, please do not hesitate to contact Laurie Ison at(704)489-9404. Sincerely, Thomas J. Roberts President and COO TJR/rl cc: Laurie Ison Moses Thompson Michael Melton 202 MacKenan Court Cary, NC 27511 • AquaAmerica.com .37i r NCDENR L LAM North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary 8/7/2015 CERTIFIED MAIL#7015 0640 0002 9295 6101 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts Aqua North Carolina Inc 202 Mackenan Court Cary, NC, 27511 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking Number NOV-2015-LV-0495 Oakley Park VWVfP NPDES Permit NC0086142 Gaston County Dear Mr. Roberts: A review of the April 2015 self-monitoring report for the subject facility revealed violations of the following parameters at Outfall 002: Date Parameter Reported Value Permit Limit 4/8/2015 Total Suspended Solids 48.8 mg/I 45 mg/I (Weekly average) 4/30/2015 Total Suspended Solids 40.4 mg/I 30 mg/I (Monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0086142. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the April 2015 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-16991 Fax:(704)663-6040\Customer Service:1-877-623-6748 Internet http://portal.ncdenr.orglweb/wq An Equal Opportunity 1 Affirmative Action Employer—30%Recycledr'10%Post Consumer paper NOV-2015-LV-0495 Page 2 •� • Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources 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. If you have questions concerning this matter, please do not hesitate to contact On Tuvia or myself at (704) 663-1699. Sincerely, Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Wastewater Branch MSC 1617 —Central Files Basement OT ps„ FILE/th" NCDENR %7 North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, Ill Governor Secretary May 5, 2014 Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Deficiency— Monitoring Limitation Tracking No. NOD-2014-MV-0017 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the January 2014 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Monitoring Requirement 1/31/14 pH Once on 1/15/14 Twice per month Remedial actions, if not already implemented, should be taken to correct the causes(s) of the noted violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties by the Division of Water Resources. 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 (SOC). If the violations are due to a transcription error (data left off the DMR) please submit an amended DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Deficiency. Please address your correspondence to Ms. Marcia Allocco at the letterhead address. Thank you for your attention to this matter. If you have questions concerning this matter or to apply for a SOC, please do not hesitate to contact Ms. Allocco at (704) 235-2204. Sincerely, 4009 Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: - ,, ` - - , MSC 1617 — Central Files Basement MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-16991 Fax:(704)663-6040\Customer Service:1-877-623-6748 Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity\Affirmative Action Employer—30%Recycled/10%Post Consumer paper RECEIVEDIDENRIDWR m. 13 2015 A5. Water Quality Permitting Section March 2, 201 5 RECEIVED/NCDENR/DWR Wren Thedford NC DENR / DWR/ NPDES Unit MAR 2 3 2015 1617 Mail Service Center WQROS Raleigh, NC 27699-0167 MOORESVILLE REGIONAL OFFICE Re: Application for Permit Renewal Aqua North Carolina, Inc. Oakley Park Subdivision Wells #1 & #2 NPDES No. NC0086142 Gaston County Ms. Thedford: Enclosed are three (3) copies of the completed application Short Form C- WTP. This submittal includes the necessary attachments for your office to renew the subject permit. If you need any additional information or assistance, please feel free to contact our Regional Compliance Manager, Michael A. Melton @ 704-489-9404 ext. 57238 or by e-mail at MAMelton@aquaamerica.com. Since , Thomas j. ':.erts President & COO Enc 202 MacKenan Court,Cary, NC,27511 • 919.467.8712 • AquaAmerica.com /IV NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Mail the complete application to: N. C. Department of Environment and Natural Resources RECEMEDINCDENR/DWR Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 MAR 2 3 2015 NPDES Permit Number NC0086142 WQRGs MOORESVILLE REGIONAL OFFICE 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 Aqua North Carolina, Inc. Facility Name Oakley Park Subdivision-Well #1 Mailing Address 202 Mackenan Ct City Cary State / Zip Code NC/27511 Telephone Number (919) 653-5770 Fax Number (919) 460-1788 e-mail Address TJRoberts@aquaamerica.com 2. Location of facility producing discharge: Check here if same as above 0 Street Address or State Road NCSR 1271- Well #1 City Gastonia State / Zip Code NC/ 28056 County Gaston 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Aqua North Carolina, Inc. Mailing Address 4163 Sinclair Street City Denver State / Zip Code NC / 28037 Telephone Number (704)489-9404 Fax Number (704)489-9409 Page 1 of 3 Version 5/2012 11Fr NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 4. Ownership Status: Federal ❑ State ❑ Private ® Public ❑ 5. Type of treatment plant: ❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) El Ion Exchange (Sodium Cycle Cationic ion exchange) ® Green Sand Filter (No sodium recharge) El Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Description of source water(s) (i.e. groundwater, surface water) Groundwater Well #1 7. Describe the treatment process(es) for the raw water: Raw water is treated by greensand filters in series with a 0.001 MGD discharge of filter backwash wastewater. Chemicals utilized during this process consist of: • Potassium Permanganate • Chlorine • Caustic soda • 8. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: Wastewater discharge from said treatment works at the location specified on the attached map into McGill Branch, classified C waters in Catawba River Basin. 9. Number of separate discharge points: 1 Outfall Identification numbers) 001 10. Frequency of discharge: Continuous 0 Intermittent El If intermittent: Days per week discharge occurs: 1 Duration: 58 minutes 11. Plant design potable flow rate 0.048 MGD Backwash or reject flow 0.001 MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): McGill Branch in the Catwaba River Basin Page 2 of 3 Version 5/2012 PV NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 13. Please list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. Alum / aluminum sulfate Yes No X Iron sulfate / ferrous sulfate Yes No X Fluoride Yes No X Ammonia nitrogen / Chloramines Yes No X Zinc-orthophosphate or sweetwater CP1236 Yes No X List any other additives below: Chlorine Potassium Permanganate Caustic Soda 14. Is this facility located on Indian country? (check one) Yes 0 No 15. Additional Information: • Provide a schematic of flow through the facility, include flow volumes at all points in the water treatment process. The plan should show the point[s] of addition for chemicals and all discharges routed to an outfall [including stormwater]. • Solids Handling Plan 16. NEW Applicants Information needed in addition to items 1-15: • New applicants must contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No • Analyses of source water collected • Engineering Alternative Analysis • Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. Applicant Certification 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. Tho s J. Roberts President 86 COO, Aqua North Carolina, Inc. Pr' t d e of rs Sig in Title t 3 g �,' Si nature of pp scant to North Carolina General Statute 143-215.6(b)(2)provides that:Any person who knowingly makes any false statement representation,or certification in any application, record,report,plan,or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article,shall be guilty of a misdemeanor punishable by a fine not to exceed$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.) Page 3 of 3 Version 5/2012 NCDENR e5vA FILE/7( North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary December 13, 2013 Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Response to NOV-2013-LV-0650 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County, NC Dear Mr. Roberts: Mooresville Regional Office staff reviewed the Aqua North Carolina, Inc. response to the Notice of Violation and Notice of Recommendation for Enforcement NOV-2013-LV-0650. Based upon the review, mitigating circumstances were found that would justify no further action being taken against Aqua North Carolina, Inc. at this time. Be advised that should noncompliance continue, enforcement action, including the assessment of civil penalties, could be taken by the Division of Water Resources in accordance with G.S. 143-215.6A(a)(2). Thank you for your continued cooperation with the Division of Water Resources. Should you have any questions regarding the decision by this office in regards to this matter please contact Ms. Marcia Allocco or myself at (704) 663-1699. Sncerely Michael L. Parker Regional Supervisor Water Quality Programs Cc: Point Source Compliance Mooresville Regional Office One Location:610 East Center Ave., Suite 301 Mooresville,NC 28115 Not[hCarollina Phone:(704)663-16991 Fax: (704)663-6040\Customer Service: 1-877-623-6748 717a`sut,Qlly Internet:http://portal.ncdenr.orq/web/wq ✓ 7 An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper 467:51vA NCDENR F 11-E/7/ North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvaria, Ill Governor Director Secretary December 11, 2013 Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Violation— Effluent/Monitoring Violations Tracking #: NOV-2013-LM-0076 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the September 2013 self-monitoring report for the subject facility revealed violations of the following parameters: Date Duffel! Parameter Reported Permit Limit/Monitoring Value Requirement 9/30/13 001 TSS 33.7 mg/L 30.0 mg/L (Monthly average) Qtr. ending 9/30/13 001 Total iron None Monitor 1x/quarter Qtr. ending 9/30/13 001 Total manganese None Monitor 1x/quarter Qtr. ending 9/30/13 001 Settleable solids None Monitor 1x/quarter Qtr. ending 9/30/13 002 Total iron None Monitor 1x/quarter Qtr. ending 9/30/13 002 Total manganese None Monitor 1x/quarter Qtr. ending 9/30/13 002 Settleable solids None Monitor 1x/quarter • 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. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet http:l/portal.ncdenr.org/webhvq Naturally An Equal Opportunity t Affirmative Acton Employer—30%Recycled/l0%Post Consumer paper Mr. T. Roberts, Oakley ParkWTP NOV-2013-LM-0076, Page 2? December 11,2013 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, V-Vk- \.• r,2 Michael L Parker Water Quality Regional Operations Section Regional Supervisor cc: Point Source Branch MA 1719F:./iFA F I NCDENR z North Carolina Department of Environment and Natural Resources rvl Division of Water Resources Water Quality Regional Operations Section Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary December 10, 2013 Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Violation Tracking #: NOV-2013-LV-0708 Oakley Park WWTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the August 2013 self-monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 8/6/13 Total suspended solids 64.0 mg/L 45.0 mg/L (Daily maximum) 8/31/13 Total suspended solids 52.0 mg/L 30.0 mg/L (Daily maximum) Remedial actions, if not already implemented, should be taken to correct the causes(s) of the noted violation. Unresolved violations may lead to the issuance of a Notice of Violation and/or assessments of civil penalties by the Division of Water Resources. 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 (SOC). Thank you for your attention to this matter. If you have questions concerning this matter or to apply for a SOC, please do not hesitate to contact Ms. Marcia Allocco at (704) 235-2204. Sincere) , c.z, Michael L. Parker Mooresville Regional Supervisor Water Quality Regional Operations Section cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663.60401 Customer Service:1-877-623-6748 NorthCarolina Internet:http:/Iportal.ncdenr.org/web/wq Naturally An Equal Opportunity\Affirmative Action Employer-30%Recycled/10%Post Consumer paper 1 NCDENR FaLE1 North Carolina Department of Environment and Natural Resources fa E. vt, Division of Water Resources Water Quality Regional Operations Section Pat McCrory • Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary October 23, 2013 CERTIFIED MAIL #7010 1870 0001 1558 1351 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2013-LV-0650 Oakley Park VVTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the July 2013 self-monitoring report for the subject facility revealed violations of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 7/23/13 TSS 59.0 mg/L 45.0 mg/L (Daily maximum) 7/31/13 TSS 49.0 mg/L 30.0 mg/L (Monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0086142. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-6040 l Customer Service.1-877-623-6748 NorthCarolina Internet:http://portal.ncdenr.orglweblwq Naturally An Equal Opportunity i Affirmative Action Employer-30%Recycled/10%Post Consumer paper Mr. Thomas Roberts, Oakley Park VVTP NOV-2013-LV-0650, Page 2 October 23, 2013 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources 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. If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, Michael L. Parker Regional Supervisor Water Quality Regional Operations Section Mooresville Region cc: Point Source Branch MA 1;liiiir .. SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signatu'. item 4 if Restricted Delivery is desired. X / 0 Agent • Print your name and address on the reverse r . Addressee so that we can return the card to you. eivr• . Pti, Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. . Is delivery address different item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery addreWbelow:' 0 No \\ ? A;,, MR THOMAS ROBERTS AQUA NORTH CAROLINA, INC. 3 Serv2ice Type 202 MacKENAN COURT c:ertified,Mail 0 Express Mail CARY NC 27511 Registered eturn Receipt for Merchandise Sw Pf e- ID(381)3 0 Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. 7010 1870 0001 1558 1351 ; PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service TM, "'H CERTIFIED MAILTM I ECEIR`�' �- '. LI) (Domestic Mail Only;No Insurance Coverage Pravfdedj m a For delivery information visit our website at www.usps.corn cO 1 Postage $ K 8i}ZNCertified Fee !c t tostmark r— D Retum Receipt Fee 1Hera n(Endorsement Required) I, .Z CI Restricted Delivery Fee w 0: C] (Endorsement Required) !, ca ra MR THOMAS ROBERTS 0 5 AQUA NORTH CAROLINA, INC. a O 202 MacKENAN COURT f` ,.° CARY NC 27511 c SLoPlm,3 fo(aaI(3 PS Form 3800,August 2006 See Reverse for Instructions PPr AOUA. Aqua North Carolina Inc. Thomas J.Roberts 202 MacKenan Court President and Chief Operating Officer Cary, NC 27511 T:919.653.5770 F:919.460.1788 November 4, 2013 tjroberts@aquaamerica.com www.aquanorthcarolina.com Mr.Michael L. Parker Regional Supervisor Surface Water Protection Mooresville Regional Office NCDENR, DWR 610 East Center Avenue, Suite 301 Mooresville,NC 28115 Re: Notice of Violation and Notice of Recommendation for Enforcement Tracking#: NOV-2013-LV-0650 Oakley Park WTP, Gaston County,NPDES Permit No.NC0086142 Dear Mr. Parker: Aqua North Carolina, Inc. (Aqua)offers the following response for the above-referenced Notice of Violation and Notice of Recommendation for Enforcement, which was issued October 23,2013, for Total Suspended Solids (TSS)daily maximum exceedance on July 23, 2013 and a TSS monthly average exceedance on July 31,2013. Response: Aqua has increased the duration of the backwash/regeneration cycle for each filter. We are also following the instructions provided by your office regarding the proper method and timing for collecting the sample. This NPDES permit requires that TSS is collected, but it also has a limit. The filters located at both community water supply wells in Oakley Park are designed to remove naturally occurring iron and manganese present in each well. Aqua has had discussions with DENR regarding the rule that impacts this and the other Notice of Violations issued for Oakley Park WTP. If you have any questions or comments regarding this response,please do not hesitate to contact Laurie Ison at 704-489-9404, Ext 57234. Sinc y, Thomas J. Robe s President and COO TJR/rl cc: Tom Reeder, Director, DWR Robert Midgette, DWR John Risgaard, DWR Michael Melton, Aqua Laurie Ison,Aqua An Aqua America Company AIA NCDENR FILL North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary October 14, 2013 Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Response to NOV-2013-LV-0533 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County, NC Dear Mr. Roberts: Mooresville Regional Office staff reviewed the June 2013 Discharge Monitoring Report and associated information along with your compliance history. Based upon the review no further action is being taken against Aqua North Carolina, Inc. at this time. Be advised that should noncompliance continue, enforcement action, including the assessment of civil penalties, could be taken by the Division of Water Resources in accordance with G.S. 143-215.6A(a)(2). Thank you for your continued cooperation with the Division of Water Resources. Should you have any questions regarding the decision by this office in regards to this matter please contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, /( Ge--4. 6,1- Michael L. arker Regional Supervisor Water Quality Programs Cc: Point Source Compliance Mooresville Regional Office One Location:610 East Center Ave.,Suite 301 Mooresville, NC 28115 NO Carolina Phone:(704)663-16991 Fax:(704)663-6040\Customer Service: 1-877-623-6748 Naturally Internet:htto://portal.ncdenr.orq/web/wq An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer paper Ar.A NCDENR111 . North Carolina Department of Environment and Natural Resources // Division of Water Resources Water Quality Section Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Director Secretary September 17, 2013 CERTIFIED MAIL#7010 0780 0000 5562 1859 • RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2013-LV-0533 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the June 2013 self-monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 6/30/13 TSS 36.9 mg/L 30.0 mg/L (Monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0086142. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the June 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources 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. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:http:/;portal.ncdenr.orglweblwq Naturally Fnual r nnnrtnnity'AfFrmativa Artinn Fmnlnvor-'3n4;,Rarvclw1;1(1%Pnct Cnn.11mar nanar Mr. Thomas Roberts, Oakley Park VVTP NOV-2013-LV-0533, Page 2 September 17, 2013 If you have questions concerning this matter, please do not hesitate to contact Ms. Marcia Allocco or myself at (704) 663-1699. Sincerely, d Michael L. Parker Regional Supervisor Water Quality Section cc: Point Source Branch MA U.S. Postal SSiceTM CEP i IFI,EUrr MAILrrr`RECEIP ' t17 (Damestir:Wail Only;No Insurance Coverage Provided co Fo--'.iivery information visit our website at www.usps.coma ru r� t 4 A ; a* ..0 Postage Certified Fee Postmark C3 Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) t ) J o 1 MR THOMAS ROBERTS ". s' AQUA NORTH CAROLINA, INC. r-9 202 MacKENAN COURT C3 si N or CARY NC 27511 sw 1 ma- q{ I )3 PS Form 3600,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. (—~ ClAgent • Print your name and address on the reverse `" /L\,/Va/iLV . 0 Addressee so that we can return the card to you. Received by( . ' ted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. � '1N\(vN. 4� D. Is delivery address different from item 1? C Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR THr1AS ROBERTS AQUA NORTH CAROLINA, INC. 202 MacKENAN COURT CARY NC 27511 3. Service Type Certified Mail ❑ Express Mail fy11 a q (11113 0 Registered Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes (r, 7010 0780 0000 5562 1859 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 AQUA. Aqua North Carolina,Inc. Thomas J.Roberts 202 MacKenan Court President and Chief Cary, NC 27511 Operating Officer May 5, 2011 T:919.653.5770 F:919.460.1788 tjroberts@aquaamerica.com www.aquanorthcarolina.com Ms. Marcia Allocco N.C. Division of Water Quality 610 East Center Ave., Suite 301 RE WATER QUALITY Mooresville,NC 28115 r ov1S10\4 OF Subject: Compliance Evaluation Inspection(CEI) M `( _9 n" Oakley Park Subdivision WTP (Wells 1&2) SWP REG1pNAL OFFICE NPDES Permit No. NC0086142 MOOREsvtt Gaston County Dear Ms. Allocco: This letter is in response to the Compliance Evaluation Inspection (CEI) conducted at the subject facility on March 24, 2011, by Mr. Wes Bell. Aqua North Carolina, Inc (Aqua) offers the following responses to your comments. Record Keeping The incorrect compliance status was designated on the back of the October 2010 and November 2010 DMRs. Please be advised that the non-compliance box should be checked if the facility exceeded any effluent limitations and/or failed to adhere to any monitoring frequencies. The review of self-monitoring data(including calibration data and chain of custody forms) from July 2010 through December 2010 revealed the following discrepancies: • The pH meter calibration times were not properly documented on several occasions • no pH and/or TRC meter calibration/verification data was documented for three effluent sampling events during August, September, and December 2010. • The effluent TRC analysis time was not documented on 9/14/2010. • The analysis time was not documented for the effluent TRC on 8/9/2010 and 9/15/2010. • The sampler name, effluent parameters being sampled, and the individual who relinquished the samples (including date and time) were not documented on several occasions. The ORC and/or Backup ORC visitations were being properly documented in a log book; however, only two of these weekly visitations were reported on the DMR. The ORC must ensure the weekly visitations are documented on future DMRs. An Aqua America Company Page Two Ms. Marcia Allocco May 5, 2011 Response: The chain of custody issue was an oversight on the part of the operator. The procedure has been reviewed with the operator and future analyses will be accompanied by completed paperwork. All visits to the facility will be entered on the DMR. In addition, the ORC will ensure that the pH and TRC meters are calibrated as required and the verification data is properly documented. Effluent Sampling Effluent samples for both outfalls have been collected after the initial backwash wastewater (turbid with suspended solids) has been discharged. The ORC and staff will need to modify the effluent sampling procedure at each outfall to ensure that an overall representative sample (for the entire discharge event) is used for the compliance monitoring. A grab sample (of equal volume) should be collected during the initial (with the turbidity/suspended solids), middle, and end periods of the discharge event and combined into a single clean container. The ORC and staff must ensure that this container is thoroughly mixed prior to pouring the contents/combined effluent samples into the respective sample containers (for analyses by the commercial laboratory). In addition, each grab sample should be of sufficient volume to ensure that the combined effluent sample has adequate volume for all sample containers needed to comply with the permit's monitoring requirements. Note: DWQ staff discussed this sampling procedure with Aqua NC's Operations Manager following the inspection. A single grab sample (per sample container) can be collected following the installation of a settling system (at both well systems) as long as the sample is representative of the entire discharge event. Response: The ORC will collect a composite effluent sample consisting of three grab samples through- out the discharge event. Laboratory On-site field analyses (ph and total residual chlorine) are performed under Aqua NC's laboratory certification#5035. Water Tech Labs, Inc. (Cert. #50) has also been contracted to provide analytical support. This office has concerns with the pH meter's inability to maintain calibration(throughout the day) as observed in the calibration log. The permitee and staff must ensure the pH meter is properly operated and maintained at all times. Response: The electrode on the pH probe in question has been replaced. The ORC will ensure that all calibrations are properly recorded Page Three Ms. Marcia Allocco May 5, 2011 Operations & Maintenance The facility is not equipped with a settling tank for the backwash discharges at both well systems. The initial backwash discharges at both well systems (for approximately 6-8 minutes)were severely turbid with a large amount of suspended solids (significant permit limit violations). Although the backwash discharges did clear up with time the permittee should investigate the installation of settling tanks to remove these solids from the effluents. At Well 2, the backwash wastewater initially flows into a circular concrete structure prior to entering the de-chlorination system. A severe leakage was observed at the base of this concrete structure and the wastewater had accumulated in a wooded area approximately 15-25 yards from the well system. This severe leakage should be repaired as soon as possible. Please be advised that the permit requires the facility to be properly operated and maintained at all times. Response: A work order has been issued to repair the leak on the discharge line by May 20, 2011. This water system was approved years ago without the requirement for a settling tank. This in mind, Aqua will discuss installation of a settling tank within the existing radius of both wells with Public Water Supply. If this is an option, Aqua will evaluate the current budget and let your office know of a time frame for installation of a settling tank for each well. De-chlorination The backwash discharge is de-chlorinated with sodium sulfite tablets secured into three sleeves (at both well systems). Tablet fragments were abundantly scattered throughout the treatment unit including on top of the lid(due to the flow surges). The operations staff must ensure that the de- chlorinators are properly operated and that the de-chlorinator is properly operated and maintained at all times to prevent the degradation of the receiving stream. Response: The procedure recommended to the ORC by the DWQ inspector on site will be adopted to prevent excess de-chlorination material from entering the effluent. Flow Measurement-Effluent Instantaneous flows (at both outfalls) are based on the calculated backwash volumes and durations. The ORC should verify that the actual total flow and duration at Outfall 002 are consistent with the values being reported on the DMR's since the filter upgrades (and Outfall 001, if applicable). Response: The flow rates were adjusted based on the new filter size at the time the filters were installed and the DMR was changed accordingly. Page Four Ms. Marcia Allocco May 5, 2011 Effluent Pipe The effluents at Outfalls 001 and 002 appeared severely turbid with an abundance of suspended solids during the initial (6-8 minutes) backwash discharge. The results of the TSS samples collected by DWQ staff during this discharge event were 216 mg/L (Outfall 001) and 398 mg/L (Outfall 002). These TSS values are significantly higher than the daily maximum effluent permit limit of 45.0 mg/L. Numerous fragments of de-chlor tablets were also observed in both effluent discharges. Although the turbidity and suspended solids significantly cleared up during the middle and end portions of the both backwash discharges. The Outfall 001 effluent remained a light orange color. The Outfall 002 effluent is discharged into a vegetated drainage system. The effluent was observed discharging onto private property at the time of the inspection. The effluent drainage system should be repaired to ensure no wastewater enters private property. Response: The feasibility of rerouting the effluent flow at Outfall 002 will be examined and action taken accordingly. If you have any comments or concerns, please contact Dennis Francum at(704)489-9404, extension 57243. Sinc ely, • Thomas J. berts President d COO cc: Michael A. Melton Rufus Masters-ORC ATA HCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Cee Freeman Governor Director Secretary April 11, 2011 Mr. Thomas J. Roberts,President Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 Subject: Compliance Sampling Inspection Oakley Park Subdivision WTP(Wells#1 and#2) NPDES Permit No. NC0086142 Gaston County,N.C. Dear Mr. Roberts: Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on March 24, 2011,by Mr. Wes Bell of this Office. Please inform the facility's Operators-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by May 2,2011, addressing the discrepancies noted in the Record Keeping/Summary and Laboratory Sections and the operation/maintenance concerns noted in the Operation/Maintenance,Dechlorination and Effluent Pipe Sections of the attached report. The report should include Aqua NC's actions taken to implement representative effluent sampling and address the high turbidity/suspended solids in the initial backwash discharge. In responding to this report, please address your comments to the attention of Ms. Marcia Allocco. The report should be self-explanatory;however,should you have any questions concerning the report, please do not hesitate to contact Mr. Bell at(704)663-1699. Sincerely, • r (-Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure: Inspection Report cc: Gaston County Health Department WB Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-6040 Customer Service:1-877.623-6748 NorthCarolina Internet:http://portal.ncdenr.orgiweb/wq /rf yt / An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer paper Naturally ��`� 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 Cata System Coding(i.e., PCS) Transaction Code NPCES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 151 31 NC0096142 1 11 121 11/03/24 117 181 s! 19I SI 201 1 Remarks 2111111111111111111111IIII IIIIIIIIIIII IIII IIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating 81 QA ------ 671 1.5 169 701 31 711 NI 721 NI 731 I 174 751 I I I I I I 1 80 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) 12:05 PM 11/03/24 10/10/01 Oakley Park WTP Sequoia Dr Exit Time/Date Permit Expiration Date Gastonia NC 28052 01:10 PM 11/03/24 15/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// • Rufus Mason Masters/ORC/704-507-8533/ Name,Address of Responsible Official/Title/Phone and Fax Number Thomas J Roberts,202 Mackenan Ct Cary NC Contacted 27511/President/919 467-8712/9194661583 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ■Permit ■Flow Measurement III Operations&Maintenance III Records/Reports. III Self-Monitoring Program III Sludge Handling Disposal •Facility Site Review III Effluent/Receiving Waters III Laboratory 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 Wesley N Bell rile:- /e'12/, MRO WQ//704-663-1699 Ext.2192/ Li A//1 _______agnatur Management Q ARevie r Agency/Office/Phone and Fax Numbers Da Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ G I ► C EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cant.) 31 NC00861 2 I11 12I 11/03/24 I17 181SI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The review of the self-monitoring data (including calibration data and chain of custody forms) from July 2010 through December 2010 revealed the following discrepancies: -the pH meter calibration times were not properly documented on several occasions. - no pH and/or TRC meter calibration/verification was documented for three sampling events (August 2010, September 2010, and December 2010). -the effluent TRC analysis time was not documented on 9/14/2010. -the sampler name, effluent parameters being sampled, and the individual who relinquished the samples (including data and time) were not documented on several occassions. The ORC and/or Backup ORC weekly visitations were being properly documented in a log book; however, only two of these weekly visitations were reported on the DMRs. The ORC must ensure the weekly visitations are documented on future DMRs. EFFLUENT SAMPLING SECTION cont'd: Effluent samples for both outfalls have been collected after the initial backwash wastewater(turbid with suspended solids) has been discharged. The ORC and staff will need to modify the effluent sampling procedure at each outfall to ensure that an overall representative sample (for the entire discharge event) is used for compliance monitoring. A grab sample (of equal volume) should be collected during the initial (with the turbidity/suspended solids), middle, and end periods of the discharge event and combined into a single clean container. The ORC and staff must ensure that this container is thoroughly mixed prior to pouring the contents/combined effluent samples into the respective sample containers(for analyses by the commercial laboratory). In addition, each grab sample should be of sufficient volume to ensure that the combined effluent sample has adequate volume for all sample containers needed to comply with the permit's monitoring requirements. Note: DWQ staff discussed this sampling procedure with Aqua NC's Operations Manager following the inspection. A single grab sample (per sample container) can be collected following the installation of a settling system (at both well systems) as long as the sample is representative of the entire discharge event. Page# 2 Permit: NC0086142 Owner-Facility: Oakley Park VVTP Inspection Date: 03/24/2011 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 #Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ n ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: The subject permit expires on 8/31/2015. Aqua NC, Inc. staff monitor two backwash discharges from Well #1 (Outfall 001) and Well#2 (Outfall 002). Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ 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? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ❑ ■ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ n ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ n Is the ORC visitation log available and current? ■ ❑ ❑ n 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 ❑ Is a copy of the current NPDES permit available on site? ■ n n ❑ Facility has copy of previous year's Annual Report on file for review? n ❑ ■ n Page# 3 Permit: NC0086142 Owner-Facility: Oakley Park wMP Inspection Date: 03/24/2011 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Comment: The records reviewed for this inspection were organized and accessible. Discharge Monitoring Reports (DMRs)were reviewed for the period January 2010 through December 2010. A daily maximim effluent TSS violation was reported for Outfall 001 in January 2010. No effluent turbidity (twice per month)was reported for Outfalls 001 and 002 in October 2010, November 2010, and December 2010. In addition, no effluent settleable solids was reported in the 4th quarter of 2010 for Outfalls 001 and 002. The Division has separately addressed these monitoring violations through the issuances of either an NOV or NOV/civil penalty assessment. The incorrect compliance status was designated on the back of the October 2010 and November 2010 DMRs. Please be advised that the noncompliance box should be checked if the facility exceeded any effluent limitations and/or failed to adhere to any monitoring frequencies. See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters)performed by a certified lab? ■ n n n #Is the facility using a contract lab? ■ n n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? n n ■ n Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? n n ■ n Comment: On-site field analyses (pH and TRC) are performed under Aqua NC, Inc.'s laboratory certification #5035. Water Tech Labs, Inc. (Certification#50) has also been contracted to provide analytical support. This Office has concerns with the pH meter's inability to maintain calibration (throughout the day) as observed in the calibration log. The permittee and staff must ensure the pH meter is properly operated and maintained at all times. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? Enna Is proper volume collected? ■ n n n Is the tubing clean? n n ■ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n n n Comment: Although the ORC and staff are currently sampling according to the permit, monitoring violations were noted during the review of the DMRs from January 2010 through December 2010. See "Record Keeping" Section for a listing of these violations. See "Summary" Section for details regarding changes to the effluent sampling procedure. Page# 4 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 03/24/2011 Inspection Type: Compliance Sampling 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 0 n ■ n Judge, and other that are applicable? Comment: There are no settling tanks for the backwash discharges at both well systems. The intial backwash discharges at both well systems (for approximately 6-8 minutes) were severely turbid with a large amount of suspended solids (significant permit limit violations). See "Effluent Pipe" Section for the TSS results. Although the backwash discharges did clear up with time, the permittee should investigate the installation of settling tanks to remove these solids from the effluents. At Well#2, the backwash wastewater initally flows into a circular concrete structure prior to entering the dechlorination system. A severe leakage was observed at the base of • this concrete structure and the backwash wastewater had accumulated in a wooded area approximately 15 -25 yards from the well system. This severe leakage should be repaired as soon as possible. Please be advised that the permit requires the facility to be properly operated and maintained at all times. De-chlorination Yes No NA NE Type of system? Liquid Is the feed ratio proportional to chlorine amount(1 to 1)? n n ■ n Is storage appropriate for cylinders? n n • n #Is de-chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 3 Comment: The backwash discharge is dechlorinated with sodium sulfite tablets secured into three sleeves (at both well systems). Tablet fragments were abundantly scattered throughout the treatment unit including on top of the lid (due to flow surges). The operations staff must ensure that the dechlorinators are properly operated and maintained at all times to prevent the degradation of the effluent and receiving stream. Flow Measurement- Effluent Yes No NA NE #Is flow meter used for reporting? n n ■ n Is flow meter calibrated annually? n n U Is the flow meter operational? n n ■ n (If units are separated)Does the chart recorder match the flow meter? n ❑ ■ n Page# 5 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 03/24/2011 Inspection Type: Compliance Sampling Flow Measurement- Effluent Yes No NA NE Comment: Instantaneous flows (at both outfalls) are based on the calculated backwash volumes and durations. The ORC should verify that the actual total flow and duration at Outfall 002 are consistent with the values being reported on the DMRs since the filter upgrades (and Outfall 001 if applicable). Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n ■ n n Are the receiving water free of foam other than trace amounts and other debris? n n ■ ❑ If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The effluents at Outfalls 001 and 002 appeared severely turbid with an abundance of suspended solids during the initial (6- 8 minutes) backwash discharge. The results of the TSS samples collected by DWQ staff during this discharge event were 216 mg/L (Outfall 001) and 398 mg/L (Outfall 002). These TSS values are significantly higher than the daily maximum effluent permit limit of 45.0 mg/L. Numerous fragments of dechior tablets were also observed in both effluent discharges. Although the turbidity and suspended solids significantly cleared up during the middle and end portions of the both backwash discharges, the Outfall 001 effluent remained a light orange color. The Outfall 002 effluent is discharged into a vegetated drainage system. The effluent was observed discharging onto private property at the time of the inspection. The • effluent drainage system should be repaired to ensure no wastewater enters private property. Page# 6 Permit No. Facility County NC0028746 Briarwood SD WWTP Stokes NC0063720 Forest Ridge WWTP Forsyth NC0065587 Frye Bridge WWTP Forsyth NC0078115 Grevstone SD WWTP Forsyth NC0050792 Melbille Heiahts WWTP Rndlph NC0067091 Mikkola Downs WWTP Forsyth NC0078158 Olde Beau GC WWTP Alqhny NC0055191 Penman Heiahts WWTP Rndlph NC0083925 Salem Glen SD WWTP Dvdsn NC0083933 Salem Quarters Forsyth NC0083941 Spring Creek WWTP Dvdsn NC0084409 Wellesley Place WWTP Forsyth NC0034452 Willow Creek WWTP Dvdsn NC0088536 Bannertown Hills W#2 Surry NC0088552 Colonial Wds-W#2 Surry NC0088552 Colonial Wds-W#1 Surry NC0088528 Hillcrest SD-Well#3 Surry NC0088498 Mitchell Bluff-Well#1 Surry NC0088854 Pine Lks W#2 Surry NC0088633 Reeves Wds W#2 Surry NC0088617 Snow Hill SD Surry NC0088501 Stoninaton SD-Well#1 Forsyth NC0088625 The Hollows SD Surry NC0088609 Windaate SD Surry NC0065749 Ashe Plantation WWTP Mklbg WQ0024694 Briahts Crk WWT RWUS Polk NC0065684 Country Wood WWTP Union NC0063860 Harbor Estates WWTP Mklbq NC0063789 Mint Hill Festival WWTP Mklbq NC0063584 Oxford Glen WWTP Mklbq NC0073539 Willowbrook SD WWTP Mklbq NC0072061 Fox Run WTP Gaston NC0084468 Keltic Meadows WTP#2 Gaston NC0086193 Maplecrest WTP Gaston le:. A _ Oa le P. •. G NC0069035 Southgate WTP aston NC0075205 Alexander Island WWTP Iredell NC0056154 Bridgeport WWTP Iredell NC0058742 Country Valley WWTP Catawba NC0074772 Diamond Head WWTP Iredell NC0074900 Hiahwav 150 WWTP Iredell NC0063355 Killian Xroads WWTP Catawba NC0062481 Mallard Head WWTP Iredell NC0028941 Pine Valley SD WWTP Rowan NC0060593 Spinnaker Bay WWTP Catawba NC0080691 Windemere WWTP Iredell DIA 6 til r), uAAqua North Carolina,Inc. Thomas J. Roberts 202 MacKenan Court President and Chief01a Cary,NC 27511 T:919.653.5770 January 25 2012 F:919.460.1788 tjroberts@aquaameriar www.aquanorthcarolo Point Source Branch RwFIt•FtJ Surface Water Protection Section DR' t01\1 QF WATER QUALITY Division of Water Quality JAN 2 7 2012 1617 Mail Service Center Raleigh,NC 27699-1617 't 'c.ccito AL OFFICE MOOR-,= LLI REGION Re: Delegation of Signature Authority To Whom It May Concern: By notice of this letter, I hereby delegate signatory authority to each of the following individuals ford permit applications, discharge monitoring reports,and other information relating to the operations onft attached list as required by all applicable federal,state,and local environmental agencies specifically the requirements for signatory authority as specified in 15ANCAC2B.0506. Name Tide Thomas J. Roberts President and COO Jack Lihvarcik. ' ' Operations Manager ater ,00811WL'.1144.," Robert Ashley Regional Supervisor Matthew Costner Regional Supervisor Larry Finnicum Area Manager Michael Melton Regional Managerof Compliance Duane Rimmer Regional Supervisor If you have any questions regarding this letter, please feel free to contact me at 919-653-5770. Sincer Thomas J. R erts President and COO cc: Winston Salem Regional Office, DWQ Mooresville Regional Office, DWQ An Aqua America Cl pia 1 Z froA AQUAAqua North Cantina.Inc. Thomas J.Roberts 202 MacKenan Court President and Chief Odor Cary,NC27511 T:919.653.5770 January25,2012 F:919.460.1788 tjroberts@aquaameis www.aquanorthcaraa Point Source Branch Surface Water Protection Section `'''=`'., :rti Division of Water Quality i�iN �� 2012 1617 Mail Service Center Raleigh,NC 27699-1617 Re: Delegation of Signature Authority To Whom It May Concern: By notice of this letter, I hereby delegate signatory authority to each of the following individuals ford permit applications, discharge monitoring reports,and other information relating to the operations on& attached list as required by all applicable federal,state,and local environmental agencies specifically the requirements for signatory authority as specified in l5ANCAC2B.0506. Name Tide Thomgs J. Roberts President and COO Jack Lihvarcik Operations Manager Robert Ashley Regional Supervisor Matthew Costner Regional Supervisor Larry Finnicum Area Manager Michael Melton Regional Managerof Compliance Duane Rimmer Regional Supervisor If you have any questions regarding this letter, please feel free tocontact me at 919-653-5770. Sincer Thomas J. R erts President and COO cc: Winston Salem Regional Office, DWQ Mooresville Regional Office, DWQ An Aqua America Coo Permit No. Facility County NC0028746 Briarwood SD WWTP Stokes NC0063720 Forest Ridge WWTP Forsyth NC0065587 Frye Bridge WWTP Forsyth NC0078115 Grevstone SD WWTP Forsyth NC0050792 Melbille Heights WWTP Rndlph NC0067091 Mikkola Downs WWTP Forsyth NC0078158 Olde Beau GC WWTP Alghny NC0055191 Penman Heights WWTP Rndlph NC0083925 Salem Glen SD WWTP Dvdsn NC0083933 Salem Quarters Forsyth NC0083941 Spring Creek WWTP Dvdsn NC0084409 Wellesley Place WWTP Forsyth NC0034452 Willow Creek WWTP Dvdsn NC0088536 Bannertown Hills W#2 Surry NC0088552 Colonial Wds-W#2 Surry NC0088552 Colonial Wds-W#1 Surry NC0088528 Hillcrest SD-Well#3 Surry NC0088498 Mitchell Bluff-Well#1 Surry NC0088854 Pine Lks W#2 Surry NC0088633 Reeves Wds W#2 Surry NC0088617 Snow Hill SD Surry NC0088501 Stoninaton SD-Well#1 Forsyth NC0088625 The Hollows SD Surry NC0088609 Windgate SD Surry NC0065749 Ashe Plantation WWTP Mklbq WO0024694 Brights Crk WVVT RWUS Polk NC0065684 Country Wood WWTP Union NC0063860 Harbor Estates WWTP Mklbq NC0063789 Mint Hill Festival WWTP Mklbq NC0063584 Oxford Glen WWTP Mklbg NC0073539 Willowbrook SD WWTP Mklbq NC0072061 Fox Run WTP Gaston NC0084468 Keltic Meadows WTP#2 Gaston N 0 93 Ma lecres Gaston NC0086142 Oakley Park 2 Gaston NC0069035 Southgate WTP Gaston NC0075205 Alexander Island WWTP Iredell NC0056154 Bridgeport WWTP Iredell NC0058742 Country Valley WWTP Catawba NC0074772 Diamond Head WWTP Iredell NC0074900 Highway 150 WWTP Iredell NC0063355 Killian Xroads WWTP Catawba NC0062481 Mallard Head WWTP Iredell NC0028941 Pine Valley SD WWTP Rowan NC0060593 Spinnaker Bay WWTP Catawba NC0080691 Windemere WWTP Iredell Permit No. Facility County NC0028746 Briarwood SD WWTP Stokes NC0063720 Forest Ridge WWTP Forsyth NC0065587 Frye Bridge WWTP Forsyth NC0078115 Grevstone SD WWTP Forsyth NC0050792 Melbille Heiahts WWTP Rndlph NC0067091 Mikkola Downs WWTP Forsyth NC0078158 Olde Beau GC WWTP Alqhny NC0055191 Penman Heiahts WWTP Rndlph NC0083925 Salem Glen SD WWTP Dvdsn NC0083933 Salem Quarters Forsyth NC0083941 Sorina Creek WWTP Dvdsn NC0084409 Wellesley Place WWTP Forsyth NC0034452 Willow Creek WWTP Dvdsn NC0088536 Bannertown Hills W#2 Surry NC0088552 Colonial Wds-W#2 Surry NC0088552 Colonial Wds-W#1 Surry NC0088528 Hillcrest SD-Well#3 Surry NC0088498 Mitchell Bluff-Well#1 Surry NC0088854 Pine Lks W#2 Surry NC0088633 Reeves Wds W#2 Surry NC0088617 Snow Hill SD Surry NC0088501 Stoninaton SD-Well#1 Forsyth NC0088625 The Hollows SD Surry NC0088609 Windaate SD Surry NC0065749 Ashe Plantation WWTP Mklbq WQ0024694 Briahts Crk WWT RWUS Polk NC0065684 Country Wood WWTP Union NC0063860 Harbor Estates WWTP Mklbq NC0063789 Mint Hill Festival WWTP Mklbq NC0063584 Oxford Glen WWTP Mklbq NC0073539 Willowbrook SD WWTP Mklbq NC0072061 Fox Run WTP Gaston NC0084468 Keltic Meadows WTP#2 Gaston NC0086142 Oakley Park 1 Gaston NC0086142 Oakley Park 2 Gaston NC0069035 Southaate WTP Gaston NC0075205 Alexander Island WWTP Iredell NC0056154 Bridgeport WWTP Iredell NC0058742 Country Valley WWTP Catawba NC0074772 Diamond Head WWTP Iredell NC0074900 Hiahwav 150 WWTP Iredell NC0063355 Killian Xroads WWTP Catawba NC0062481 Mallard Head WWTP Iredell NC0028941 Pine Valley SD WWTP Rowan NC0060593 Spinnaker Bay WWTP Catawba NC0080691 Windemere WWTP Iredell ,nu/4 , f. � zz t:AQUA Aqua North[aria,Inc. Thomas J.Roberts 202 MacKawnCaat President and Chichi"! Cary,NC 27511 T:919.653.5770 January25 2012 F:919.460.1788 , tjroberts@aquaame r www.aquanorthcaiU Point Source Branch Surface Water Protection Section = - Division of Water Quality laN 7 2012 1617 Mail Service Center Raleigh,NC 27699-1617 - `'' Re: Delegation of Signature Authority To Whom It May Concern: By notice of this letter, I hereby delegate signatory authority toeaeh of the following individuals fora) permit applications, discharge monitoring reports,and other information relating to the operations ante attached list as required by all applicable federal,state,and local environmental agencies specifically the requirements for signatory authority as specified in 15ANCAC2B.0506. Name Title Thomas J. Roberts President and COO Jack Lihvarcik Operations Manager Robert Ashley Regional Supervisor Matthew Costner Regional Supervisor Larry Finnicum Area Manager Michael Melton Regional Manager of Compliance Duane Rimmer Regional Supervisor If you have any questions regarding this letter, please feelfreetocontact me at 919-653-5770. Sincer c----) ' Thomas J. R erts President and COO cc: Winston Salem Regional Office, DWQ Mooresville Regional Office, DWQ An Aqua America Crop AQU A Aqua North Carolina,Inc. Thomas J.Roberts 202 MacKenan Court President and Chief Operating Officer Cary,NC 27511 T:919.653.5770 F:919.460.1788 January 24, 2012 tjroberts@aquaamerica.com www.aquanorthcarolina.com RECEIVED Mr. Robert B. Krebs DIVISION OF WATER QUALITY Surface Water Protection NCDENR, DWQ JAN 2 6 2012 610 East Center Avenue, Suite 301 SWP SECTION Mooresville,NC 28115 MOORESViLLE REGIONAL OFFICE Re: Notice of Violation and Notice of Recommendation for Enforcement Oakley Park WTP NOV-2012-LV-0025 NPDES Permit No. NC0086142 Dear Mr. Krebs: This letter is in response to the NOV for TSS daily maximum on October 14, 2011, and monthly average exceedance for October 2011, at the above-referenced WTP: Response Aqua has reviewed its testing procedure with the Mooresville Regional Office and are adjusting its sampling technique and when to draw the sample from the filters during the backwash cycle based on these discussions. In addition, Aqua is evaluating what can be done to minimize the level of Total Suspended Solids present in the discharge. We are in the process of implementing the changes and will notify your office of the results and a timeline with which we will fully incorporate said improvements. If you have any questions or comments, please do not hesitate to contact Larry Finnicum at(704)489- 9404, Ext. 57232. Sincer y, Thomas J. berts President and COO TJR/rl cc: Michael Melton Jack Lihvarcik Larry Finnicum An Aqua America Company • ArrA F I LE"‘ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E Dee Freeman Governor Director Secretary January 12, 2012 CERTIFIED MAIL#7010 0290 0000 4565-0625 RETURN RECEIPT REQUESTED Thomas J. Roberts, President Aqua North Carolina Inc. 202 Mackenan Court Cary,North Carolina 27511 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking#: NOV-2012-LV-0025 Oakley Park WTP NPDES Permit No.NC0086142 Gaston County Dear Mr. Roberts: A review of the October 2011 self-monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 10/14/2011 TSS 72 mg/1 45 mg/1 (daily maximum) 10/2011 TSS 44.25 mg/1 30 mg/I (monthly average) A Notice of Violation and Notice of Recommendation for Enforcement(NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No.NC0086142. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the October 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699!Fax:(704)663-6040!Customer Service:1-877-623-6748 NorthCarolina Internet:http://portal.ncdenr.org/web/wq An Equal Opportunity t Affirmative Action Employer-30%Recycledil0%Post Consumer paperrttr/railff Aqua North Carolina Inc. Oakley Park WTP NOV-2012-LV-0025, Page 2: NPDES Permit No. NC0086142 October,2011 DMR 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. If you have questions concerning this matter,please do not hesitate to contact John Lesley at(704)235-2198. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch JL RECEIVED DIVISION OF WATER QUALITY FEB 2 3 2011 SWP SEC'fl -W Al J A MOORESVsLLE REGIONAL OFFICE • Aqua North Carolina,Inc. Thomas J.Roberts 202 MacKenan Court President and Chief Operating Officer Cary, NC 27511 T:919.653.5770 F:919.460.1788 tjroberts@aquaamerica.com www.aquanorthcarolina.com February 21,2011 Mr. Tom Belnick NPDES Program Supervisor NCDENR—DWQ 512 N. Salisbury Street Raleigh, NC 27604 Dear Mr. Belnick: I am writing to request an addition in signature authority for the monthly discharge monitoring reports (DMRs)for Aqua North Carolina's western region systems. Effective immediately, please allow signature authority for our monthly DMRs to Duane Rimmer and Dennis Francum. Copies of this request are being provided to Mike Parker at the Mooresville Regional Office and Steve Tedder at the Winston-Salem Regional Office. A list of systems to which this request pertains to is attached. If you have any questions or require additional information please contact me at 919-653-5770. Sincere , Thomas J. Ro erts President and COO cc: Mike Parker Steve Tedder David Schlobohm Michael Melton Leigh Sprimont Duane Rimmer Dennis Francum An Aqua America Company 100 NPDES permitted systems reporting to Mooresville Regional Office Alexander Island WWTP 100%Domestic<1MGD Ashe Plantation WWTP 100%Domestic<1MGD Bridgeport WWTP 100%Domestic<1MGD Country Valley WWTP 100%Domestic<1MGD Country Wood WWTP 100%Domestic<1MGD Diamond Head WWTP 100%Domestic<1MGD Fox Run WTP WTP Harbor Estates WWTP 100%Domestic<1MGD Highway 150 WWTP 100%Domestic<1MGD Keltic Meadows WTP#2 WTP Killian Crossroads WWTP 100%Domestic<1MGD Mallard Head WWTP 100%Domestic<1MGD Maplecrest WTP WTP McCarron Subdivision WWTP 100%Domestic<1MGD Mint Hill Festival WWTP 100%Domestic<1MGD rlr�lili��r WTP Oxford Glen WWTP 100%Domestic<1MGD Pine Valley SD WWTP 100%Domestic<1MGD Southgate WTP WTP Spinnaker Bay WWTP 100%Domestic<1MGD Willowbrook SD WWTP 100%Domestic<1MGD Willows Creek WWTP 100%Domestic<1MGD Windemere WWTP 100%Domestic<1MGD NPDES permitted systems reporting to Winston Salem Regional Office Bannertown Hills-Well#2 WTP Briarwood SD WWTP 100%Domestic<1MGD Brights Crk GC WWT Rclmd WUS Reuse Colonial Woods-Wells 1 WTP Colonial Woods-Wells 2 WTP Forest Ridge WWTP 100%Domestic<1MGD Frye Bridge WWTP 100%Domestic<1MGD Greystone SD WWTP 100%Domestic<1MGD Hillcrest SD-Well#3 WTP Melbille Heights WWTP 100%Domestic<1MGD Mikkola Downs SD WWTP 100%Domestic<1MGD Mitchell Bluff-Well#1 WTP Olde Beau Golf Club WWTP 100%Domestic<1MGD Penman Heights WWTP 100%Domestic<1MGD Pine Lakes SD-Well#2 WTP Reeves Woods SD Well#2 WTP Salem Glen SD WWTP 100%Domestic<1MGD Salem Quarters WWTP 100%Domestic<1MGD Snow Hill subdivision WTP Spring Creek WWTP 100%Domestic<1MGD Stonington SD-Well#1 WTP The Hollows subdivision WTP Wellesley Place WWTP 100%Domestic<1MGD Willow Creek WWTP 100%Domestic<1MGD Windgate Subdivision WTP NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 31, 2011 RECEIVED DIVISION OF WATER QUALITY THOMAS J ROBERTS AQUA NORTH CAROLINA INC S E P - 7 2011 202 MACKENAN CT MOORESVILLE RE(�1CiNAL OFFICE CARY NC 27511 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Oakley Park WTP Permit Number: NC0086142 Case Number: LV-2011-0196 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 441081 in the amount of $489.93 received from you dated August 18, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. diSincerely, I • _ Jovonah Weeden cc: Central Files r 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North Carolina Internet:wwwtunity ter rg Action a I(1'S1 l f An Equal Opportunity 1 Affirmative Action Employer FILE F4jA ENR (712 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary August 10, 2011 CERTIFIED MAIL 7010 0290 0000 4565 0496 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0086142 Aqua, Inc. Oakley Park WTP Gaston County Case No. LV-2011-0196 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $489.93 ($350.00 civil penalty+ $139.93 enforcement costs) against Aqua North Carolina, Inc . This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for April 2011. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina,Inc: Mooresville Regional Office Location:610 Fast Center Ave_Suite 301 Mooresville,NC 28115 One Phone:(704)663-I699\Fax:(704)663-6040\\Customer Service: 1-877-623-6748 NorthCarol Intl Internet.I!12U:y:)I BI_iC_`erdor''ty :ig Naturally An Equal Opportunity\Animal ive Action Employer-.50%Recycled110%Post Consumer paper or ail 1'fl0 0 ror 1 of the one (' ) violation or G.S. 14; 215 k(a)(6) and NPDES Permit No. NC0086142, by discharging dischn waste into the g g waters of the State in violation of the permit daily maximum effluent limit for TSS. $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for TSS. $ 350.00 TOTAL CIVIL PENALTY $ 139.93 Enforcement costs. $ 489.93 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 including a detailed justification for such request: • 'Tease be aware that a request for r,_miss.on is limited to consAerauon t the : factors a ted below as they may relate to the reasonableness of the amount of the 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 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 i~rnday between the hours of 3:u0 a.m. and 5.+0U p.m., e::cept .or otn iai Mate holiday:, Ili; pet:Lion may be filed by facsimile tfax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: • Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919)431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Mooresville Regional Office Compliance File w/attachments Raleigh Compliance/Enforcement File w/attachments Central Files w/attachments jl ATTACHMENT A CASE NO. LV-2011-0196 Outfall Date Parameter Reported Value Permit Limit 001 4/12/11 TSS *56 mg/1 45 mg/1 (daily maximum) 001 4/2011 TSS *38.35 mg/1 30 mg/1 (monthly average) *Denotes civil penalty assessment The Aqua North Carolina Inc. response to NOV-2011-0196 dated August 2, 2011 was reviewed by DWQ staff Mitigating factors were not found that resulted in a reduced civil penalty amount. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO. NC0086142 ) FILE NO. LV-2011-0196 Having been assessed civil penalties totaling $ 489.93 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 10, 2011, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2011 BY ADDRESS TELEPHONE Fr • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0196 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $489.93 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. 143T3-282.1(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: (use additional pages as necessary) , NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2011-0196 Permit Number: NC0086142 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, violations of the effluent permit daily maximum and monthly average for TSS would predict increased turbidity downstream of the discharge. 2) The duration and gravity of the violation; The violations occurred during the month of April 2011. The daily maximum effluent TSS permit limit was violated on 4/12/2011 (reported value 56.0 mg/1 vs. permit limit of 45 mg/1) by 24.4%. The TSS monthly average was also violated (reported value 38.35 mg/1 vs. permit limit of 30 mg/1). Only two sampling events are required by the permit; therefore, the daily maximum limit was sufficient to cause the monthly average noncompliance. 3) The effect on ground or surface water quantity or quality or on air quality; No effect is expected on ground water or air quality. Increased turbidity would be expected downstream of the discharge. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 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 were no other civil penalty assessments in the previous 12-month period. 8) The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 2 hrs. @ $33.19/hour ($66.38) SWP Regional Supervisor review: 1 hour at $38.55/hour ($38.55) Clerical Support: 1 hour at$15.00/hour ($15.00) Postage ($20.00) Total: $139.93 7io(ii e t�- Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 08/09/11 Page: 6 of 7 Permit: % MRs Between: 4-2011 and 4-2011 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES WW Facility Name: % Param Name:% County:% Subbasin:% Violation Action: Proceed to NOV Major Minor: % PERMIT:NC0086142 FACILITY: Aqua North Carolina Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation 1Jb4/)>,ute A NAJ-2pi1-L V-b Z 74 54,)c. CASE= Ly- Z 1/-DI 9/, MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VI04,TION ACTION Solids,Total Suspended /�� 04-2011 001 Effluent Concentration p 04/12/11 2 X month mg/I 45 56 24.44 Daily Maximum Exceeded Proceed to NOV 04-2011 001 Effluent Solids,Total Suspended- 04/30/11 2 X month mg/I 30 38.35 27.83 Monthly Average Exceeded Proceed to NOV Concentration GUST 1 39.9s 'MD:IL 4Bi•i3 PERMIT:NC0028606 FACILITY: NC DOT-Environmental Operations-1-77 Rest Area COUNTY:Iredell REGION: Mooresville Iredell County Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 04-2011 001 Effluent BOD,5-Day(20 Deg.C)- 04/20/11 Weekly mg/I 45 66.6 48 Daily Maximum Exceeded Proceed to NOV Concentration 04-2011 001 Effluent BOD,5-Day(20 Deg.C)- 04/30/11 Weekly mg/I 30 33.55 11.83 Monthly Average Exceeded Proceed to NOV Concentration 04-2011 001 Effluent Solids,Total Suspended- 04/20/11 Weekly mg/I 45 53.5 18.89 Daily Maximum Exceeded Proceed to NOV Concentration 04-2011 001 Effluent Solids,Total Suspended- 04/30/11 Weekly mg/I 30 36.85 22.83 Monthly Average Exceeded Proceed to NOV Concentration RECEIVED IMS OF UVATER QUALITY D AUG — 5 2011 A QU As. MOORESVILLE REGIONAL OFFICE Aqua North Carolina,Inc. SWP SECTION Thomas J.Roberts 202 MacKenan Court President and Chief Operating Officer Cary,NC 27511 T:919.653.5770 F:919.460.1788 tjroberts@aquaamerica.com August 2, 2011 www.aquanorthcarolina.com Mr. Robert B. Krebs DWQ/Surface Water Protection 610 East Center Ave., Suite 301 Mooresville, NC 28115 Subject: Notice of Violation (NOV) and Notice of Recommendation for Enforcement,Tracking#: NOV-2011-LV-0274 Oakley Park WTP, Gaston County NPDES Permit No. : NC0086142 Dear Mr. Krebs: This letter is in response to a violation for Total Suspended Solids (TSS) in April 2011, at Oakley Park WTP owned and operated by Aqua North Carolina, Inc. (Aqua). The parameter was exceeded for both the daily maximum and the monthly average. Both samples were collected as per the instructions provided to Aqua by the Regional Office for the Division of Water Quality. Both well treatment facilities and the associated treatment equipment pre-existed the requirement for a discharge permit. As such,there is very limited room to accommodate tertiary equipment to remove suspended solids. Aqua will continue our efforts to maximize the backwash cycle and to properly sample according to the guidelines provided by the State. If you have comments or concerns, please contact Dennis Francum or Larry Finnicum, in Aqua's Denver, NC office at (704)489-9404, extension 57243 or 57232 respectively. Sin e , Thomas J. berts President and Chief Operating Officer cc: Jack Lihvarcik Larry Finnicum An Aqua America Company • ! b ILE)iy.( North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 21, 2011 CERTIFIED MAIL # 7010 0290 0000 4565 0441 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, North Carolina 27511 Subject: Notice of Violation and Notice of Recommendation for Enforcement Tracking #: NOV-2011-LV-0274 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the April 2011 self-monitoring report for the subject facility revealed violations of the following parameters at Outfall 001: Date Parameter Reported Value Permit Limit 04/12/2011 TSS 56 mg/I 45 mg/I (daily maximum) 04/2011 TSS 38.35 mg/I 30 mg/I (monthly average) A Notice of Violation and Notice of Recommendation for Enforcement (NOV/NRE) is being issued for the noted violations of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0086142. 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 violations, request technical assistance, or discuss overall compliance please respond in writing within 10 days of receipt of this Notice. A review of your response will be considered along with any information provided on the April 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding these violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Mooresville Regional Office Location 610 East Center Ave.:Suite 301 Mooresville,NC 28115 One Phone i704)663-16991 Fax:;704)663-6040').Customer Service:1-877-623-6748 N0rt hC�`l,j 011lli:.l interne: http:Uportal.ncdenrorglw>-prwc n aua :,.port.:!;v Afrmatrve Act. F.m ove 3 Ree a ?1(.:poi Consume ,a; Y ` "�r l.% Aqua, Inc. Oak y Pa P NOV201ae2 11 • April 2011 DMR 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 John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley at (704) 235-2198. Sincerely, "--2_41t), Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch JL A NCDENR h North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 22,2011 Mr.Thomas J.Roberts,President Aqua North Carolina, Inc. 202 MacKenan Court Cary,North Carolina 27511 Subject: Recission of Notice of Violation NOV-2010-MV-0018 and Issuance of NOV-2011-MV-0073 NPDES Permit No.NC0086142 -Oakley Park WTP Gaston County Dear Mr.Roberts: A review of the October,November,and December 2010 self-monitoring reports for the subject facility revealed monitoring violations of the following parameters: Date Outfall Parameter Reported Values Monitoring Requirement 10/31/10 001 Turbidity None 2x/month 11/30/10 001 Turbidity None 2x/month 12/31/10 001 Turbidity None 2x/month 12/31/10 001 Settleable solids None Quarterly 10/31/10 002 Turbidity None 2x/month 11/30/10 002 Turbidity None 2x/month 12/31/10 002 Turbidity None 2x/month 12/31/10 002 Settleable solids None Quarterly Notice of Violation NOV-2011-MV-0018 for October 2010 monitoring violations is being rescinded and rolled into NOV-2011-MV-0073,which covers the three months noted above. 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 Ms.Marcia Allocco of this Office for additional information. If you have questions concerning this matter,do not hesitate to contact Ms.Allocco or me at(704)663-1699. Sincerely, le_S)13 Robert B. Krebs,Regional Supervisor Surface Water Protection cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:http://portal.ncdenr.orglweb/wq ;Vatitra!!y An Equal Opportunity l Affirmative Action Employer-30%Recycled/10%Post Consumer paper A 9.„6„ NCDENR LE/riiv North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Cee Freeman Governor Director Secretary January 19, 2011 Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 MacKenan Court Cary,North Carolina 27511 Subject: Notice of Violation—Monitoring Violations Tracking#: NOV-2011-MV-0018 Oakley Park WTP NPDES Permit No.NC0086142 Gaston County Dear Mr. Roberts: A review of the October 2010 self-monitoring report for the subject facility revealed monitoring violations of the following parameters: Date Outfall Parameter Reported Values Monitoring Requirement 10/31/10 001 Turbidity None 2x/month 10/31/10 002 Turbidity None 2x/month 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 Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at 704/663-1699. . Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-6040\Customer Service:1-877-623-6748 NOTthCarollna Internet http://portal.ncdenr.org/web/wq ,Natural& Performance Annual Report I. General Information Facility/System Name: Oakley Park Well #1 Responsible Entity: Aqua North Carolina dba Heater t ilaties,3 c c;, Person in Charge/Contact: Tom Roberts MAR ! Applicable Permit (s): Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. After backwash and prior to discharge, liquid de-chlorination is fed. II. Performance Text Summary of System Performance for Calendar Year 2009: This facility did not consistently meet the discharge permit limits in 2009. Aqua plans to develop a solution for the TSS limit violations. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant pV April Compliant May Compliant June Daily maximum and monthly average for TSS was exceeded. Per the operator, the high TSS was caused by a combination of increase removal of iron and a possible slug from the backwash cycle. July Compliant August Compliant September Compliant October Daily maximum and monthly average for TSS was exceeded. No valid reason was provided. November Daily maximum and monthly average for TSS was exceeded. No valid reason was provided. December Daily maximum and monthly average for TSS was exceeded. No valid reason was provided. Notification Our customers will receive a letter regarding the availability of this report upon request. These reports will also be available for review with the customer at Aqua's Southern Call Center. III. 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. M iu.A�.r Date: 02/26/2010 Responsible Person Title: Regional Compliance Manager Entity: Aqua North Carolina, Inc. rr 1/1 Performance Annual Report I. General Information Facility/System Name: Oakley Park Well #2 Responsible Entity: Aqua North Carolina, Inc. I. ;y N i ,T Person in Charge/Contact: Tom Roberts MAR 0 4 2010 ri Applicable Permit (s): .Id"C9446frt 42 E_, Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. After backwash and prior to discharge, liquid de-chlorination is fed. II. Performance Text Summary of System Performance for Calendar Year 2009: This facility did not consistently meet the discharge permit limits in 2009. Aqua plans to develop a solution for reducing the amount of TSS in the discharge List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant PPr April Compliant May The daily maximum and the average monthly for TSS was exceeded. No valid reason was provided. June Compliant July The daily maximum and the average monthly for TSS was exceeded. No valid reason was provided. August Compliant September Compliant October Compliant November Compliant December The daily maximum and the average monthly for TSS was exceeded. No valid reason was provided. III. Notification Our customers will receive a letter regarding the availability of this report upon request. These reports will also be available for review with the customer at Aqua's Southern Call Center. 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. aff(41 ) Date: 02/26/2010 Responsible Person Title: Regional Compliance Manager Entity: Aqua North Carolina, Inc. - rego-F 63u-k-D `:cf0 vAQUA. -4- North Carolina � - 3 May 27, 2010 Jeff Westmoreland, P.E. Public Water Supply Section JUN 2 4 2010 NCDENR 610 E. Center Avenue, Suite 301 Mooresville, NC 28115 RE: Oakley Park — PWSID #01-36-267 Response to water system investigation Dear Mr. Westmoreland: We have followed up on the complaint that your office received concerning discolored water. The residence is at 4404 Pinto Lane, which is located beside well #1. He is getting black sediment (manganese) in his water and he has stated that this has been an ongoing problem for many years. Aqua personnel have been to this address on numerous occasions trying to get his lines flushed out, but with limited success. Also, some manganese is coming through the filters, as is shown in your lab test results. In a continuing effort to resolve this issue, the following actions will be taken: 1. Every effort will be made to maintain the maximum amount of permanganate feed to achieve good manganese removal. The filters at both wells will also be evaluated for the possibility of converting them over to batch permanganate feed. The batch feed method, as opposed to continuous feed, may be more efficient at removing the manganese in this situation. 2. The tanks at both wells will be professionally cleaned inside to eliminate the possibility that sediment is being picked up off the bottom when the system is flushed. Tank at well #1 is scheduled for the week of June 14. 3. Consideration will be given to pulling the well pump and cleaning the well, even though this only seems to help on a temporary basis. 4. The system will continue to be flushed on a regular basis. The customer's meter will be pulled periodically to flush his service. 4163 Sinclair Street • Denver, NC 28037 • (704) 489-9404 x 243 We will continue to closely monitor the iron and manganese levels at entry point and will periodically contact the customer to see if we are improving his water quality. Your office will be kept informed of our progress and of any other course we may take on this issue. If you have further questions or concerns, please call me at 704-489-9404, ext. 57243. Thank you. Sincerely, Dennis R. Francum Water Quality Supervisor 4163 Sinclair Street • Denver, NC 28037 • (704) 489-9404 x 243 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 17, 2010 THOMAS J ROBERTS AQUA NORTH CAROLINA INC - 202 MACKENAN COURT CARY NC 27511 MAY 19 2010 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Oakley Park WTP Permit Number: NC0086142 Case Number: LV-2010-0114 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 347534 in the amount of $522.87 received from you dated May 6, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer aturall/1 . A,..A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 26, 2010 CERTIFIED MAIL 7008 1140 0002 2716 8328 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 Mackenan Court Cary, North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0086142 Oakley Park WTP Gaston County Case No. LV-2010-0114 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $522.87 ($437.50 civil penalty+ $85.37 enforcement costs) against Aqua North Carolina, Inc. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for January. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. • Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Aqua North Carolina, Inc: Mooresville Regional Office Location:610 East Center Ave..Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699\Fax:(704)663-60401 Customer Service: 1-877-623-6748 NorthCarolina Internet:htt;/ieartaLncdenr.ora/web/wq • iNlttuIatlt/ An Equal Opportunity\Affirmative Action Employer—50%Recycled/10%Post Consumer paper $ 125.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids. $ 312.50 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 437.50 TOTAL CIVIL PENALTY • $ 85.37 Enforcement costs. $ 522.87 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 • Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 27699-1601 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, thenyou may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 4p6)(C �... (Date) Marcia Allocco Acting Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments jl ATTACHMENT A CASE NO. LV-2010-0114 Outfall Date Parameter Reported Value Permit Limit 001 1/11/10 TSS * 173 mg/1 45 mg/1 (daily maximum) 001 1/2010 TSS * 92 mg/1 30 mg/1 (monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO.NC0086142 ) FILE NO. LV-2010-0114 Having been assessed civil penalties totaling$ 522.87 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 26, 2010,the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0114 Assessed Party: Aqua North Carolina,Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $522.87 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2010-0114 Permit Number: NC0086142 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; No harm has been documented. Total suspended solids (TSS) in excess of permit limits would be predicted to cause water quality impacts to the receiving stream. Aquatic life was likely to be affected by the reduction in dissolved oxygen, increased turbidity, and damage to the gills and eggs of aquatic organisms. 2) The duration and gravity of the violation; There have been six (6) previous civil penalty assessments against the facility during May - December 2009 for TSS limit violations. On January 11, 2010, TSS was reported at 173 mg/1 (284% over the daily maximum permit limit) and the monthly average was reported as 92 mg/1 (207%over the permitted monthly average limit). 3) The effect on ground or surface water quantity or quality or on air quality; No effect on ground water or air quantity or quality are expected. Best usage of the surface water, McGill Branch, a class C water in the Catawba River Basin, has most likely been impacted by the discharge. TSS in the discharge in the amount reported on the monthly self-monitoring report for January 2010 would likely cause a lowered instream oxygen concentration, a significant increase in turbidity, physical damage to aquatic life, and diminished populations of aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; An exact monetary amount is not known. 6) Whether the violation was committed willfully or intentionally; The violations do not appear to be willful or intentional. 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 The facility has a poor compliance record. Case Number Description LV=2010-0310 TSS violations 5/09 paid 9/24/09 case closed LV-2009-0319 TSS violations 6/09 paid 9/30/09 case closed LV-2009-390 TSS violations 7/09 paid 11/17/09 case closed LV-2010-0016 TSS violations 10/09 paid 2/3/10 case closed LV-2010-0068 TSS violations 11/09 paid 3/17/10 case closed LV-2010-0090 TSS violations 12/09 paid 4/8/10 case closed 8) The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 1 hour at $32.54/hour SWP Regional Supervisor review: 1 hour at $37.83/hour Clerical Support: 1 hour at $15.00/hour Total: $85.37 Date `(( RO Supervisor J Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 04/12/10 Page: 14 of 28 Permit: % MRs Between: 1-2010 and 1-2010 Region:Mooresville Violation Category:Limit Violation Program Category: NPDES WW Facility Name: % Param Name: 'ro County:94, Subbasin: % Violation Action: °%S Major Minor: % PERMIT:NC0082694 FACILITY: Town of Dallas-Dallas WTP COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFACE/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE UENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 01-2010 001 Effluent Chlorine,Total Residual 01/20/10 Weekly ugh 28 68 142.86 Daily Maximum Exceeded None 01-2010 001 Effluent Chlorine al Residual 01/28/10 Weekly ug/I 28 46 64.29 Daily Maximum Exceeded No Action,BPJ PERMIT:NC0086142 FACILITY: Aqua North Carolina Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL/ CALCULATED • REPORT PPI LOCATION PARA LIMIT VALUE ^/0 OVER LIMIT VIOLATION TYPE VIOLATION ACTION n / s: Di" 01-2010 001 Effluent Solid: / 7 —/ '1 45 173 284.44 Daily Maximum Exceeded None Conci - (, (G. / (mod( 3/2. w 01-2010 001 Effluent So �iJ(7/ (it/1 v Q � VIZ — 1� 30 92 206.67 Monthly Average Exceeded None eS; 3 7 �� �' Lasf 69��1 `�CIt ,Q _ �( IQ ' ! SZZ• Y7 row/ /� i C COUNTY:Iredell REGION: Mooresville PERMIT:NC0020591 FACILITY , (///C(Z ( = Limit Violation 6i1 t, �a�Lkll( f/, J - �� // (� 4- -.1 ' f� _--- MONITORING REPORT OU PPI / LOCATION PARAME `�v)7 irl b�� i �� ( (., L — / I LIMIT CALCULATED VALUE ED%OVER LIMIT VIOLATION TYPE VIOLATION ACTION / I 66Z 01-2010 001 Effluent Chlorine I.4/-h2 f h �G 28 30 7.14 Daily Maximum Exceeded No Action,BPJ 01-2010 001 Effluent Chlorine, ._....,..,.,,,ai 01/08/10 5 X week ugh 28 36 28.57 Daily Maximum Exceeded No Action,BPJ 01-2010 001 Effluent Chlorine,T esidual 01/14/10 5 X week ugh 28 31 10.71 Daily Maximum Exceeded No Action,BPJ 01-2010 001 Effluent lorine,Total Residual 01/21/10 5 X week ug/I 28 30 7.14 Daily Maximum Exceeded No Action,BPJ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 8, 2010 THOMAS J ROBERTS • • AQUA NORTH CAROLINA INC 202 MACKENAN COURT • CARY NC 27511 A!R49 , SUBJECT: Payment Acknowledgment Civil Penalty Assessment • Oakley Park WTP Permit Number: NC0086142 Case Number: LV-2010-0090 • Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 341515 in the amount of $833.71 received from you dated April 1, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6394. Sincerely, ovonah D. Weeden cc: Central Files 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org jjll y�/j// An Equal Opportunity t Affirmative Action Employer `s L•iIl a ly 1 7,k/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 24, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1169 RETURN RECEIPT REQUESTED Thomas J Roberts Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0086142 Oakley Park WTP Gaston County Case No. LV-2010-0090 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of - $833.71 ($750.00 civil penalty+ $83.71 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for December 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor • • for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: • Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet http:Uportal,ncdenr.orghveblwq ����/N�/�� An Fnual rinnnrtnnity\Affirrnativn Artinn Fmnlnvnr_30d,• RarvrlarlH O n•d.Pnct(:nncmar naner lira $ 100.00 For 1 of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 625.00 For 2 of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142,by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids (TSS). $ 750.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 833.71 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 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. Ifyou have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. 3A-Y Lvr o ( ate) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality "1 44friliwr" ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ,• • • r, • • 1.Git • ATTACHMENT A CASE NO. LV-2010-0090 Outfall Parameter Reported Value Permit Limit 001 TSS 76.0 mg/L* 45.0 mg/L (Daily maximum) 002 TSS 50.0 mg/L 45.0 mg/L (Daily maximum) 001 TSS 45.4 mg/L* 30.0 mg/L (Monthly average) 002 TSS 36.7 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO. NC0086142 ) FILE NO. LV-2010-0090 Having been assessed civil penalties totaling $833.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 24, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2010 BY ADDRESS • TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0090 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $833.71 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2010-0090 Permit Number: NC0086142 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; The TSS concentration of 76.0 mg/L at Outfall 001 on December 28, 2009, exceeded the daily maximum permit limit of 45.0 mg/L. The monthly average TSS concentration of 45.4 mg/L for Outfall 001 exceeded the permit limit of 30.0 mg/L. The TSS concentration of 50.0 mg/L at Outfall 002 on December 8, 2009, exceeded the daily maximum permit limit of 45.0 mg/L. The monthly average TSS concentration of 36.7 mg/L for Outfall 002 exceeded the permit limit of 30.0 mg/L. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 68.9% for Outfall 001 and 11.1% for Outfall 002; whereas, the TSS monthly average permit limit was exceeded by 51.3% for Outfall 001 and 22.2% for Outfall 002. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as in-stream monitoring is not required by NC0086142. Increased suspended solids increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. Suspended solids also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee does not note a cause for the exceedances on the DMR. 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 only five other CPAs against Aqua North Carolina, Inc. for their Oakley Park WTP during the life of the permit with all five issued in the past twelve months as detailed below. Case Number Description LV-2010-0068 $433.71 LV for total suspended solids. Penalty was paid. LV-2010-0016 $333.71 LV for total suspended solids. Penalty was paid. LV-2009-0390 $433.71 LV for total suspended solids. Penalty was paid. LV-2009-0319 . $433.64 LV for total suspended solids. Penalty was paid. LV-2009-0310 $433.64 LV for total suspended solids. Penalty was paid. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. 3/2-A/fro Date Robert B. Krebs• Surface Water Protection Regional Supervisor, Mooresville Division of Water Quality • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 03/15/10 Page: 12 of 29 — .:: .,'r . N ".,t re”, wMrtF.'I vz i' -, .;'tW 4 v--4","+..,,,r7.r, r wv7,3.rv.,eA. ,-7,,,, ,,,-p;. 'iA r 4..abSiroM,,ft,}s�?tE,y W r . AI .:•. ,.,.^„� �.r.. �a.,�,.,,x ass:sssw+�5,an t �Rtvyv- ,c- .,:• Y, r'R P 8W zr, . .Permit:'% •'MRs Between:•12-2009< and 12-2009' Region:Mooresville•' •. Violation Category:Limit Violation • Program Category:NPDES WtN r.Facility Name: % Param Name:% County:% Subbasin:% Violation Action:% `r ` Major Minor i , , , .6 .,,. ,a PERMIT:NC0086142 FACILITY: Aqua North Carolina Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation 1,..Nr— 0‘,Vt 0— cX l 0 MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE %OVER LIMIT VIOLATION TYPE VIOLATION ACTION 12-2009 001 Effluent Solids,Total Suspended- 12/28/09 2 X month mg/I 45\,/ 76 68.89 Daily Maximum Exceeded None 4 t Concentration �y 12-2009 001 Effluent Solids,Total Suspended- 12/31/09 2 X month mg/I 30✓ 45.4 51.33 Monthly Average Exceeded None IP a1 • Concentration 12-2009 002 Effluent Solids,Total Suspended- 12/08/09 2 X month mg/I 45 V 50 11.11 Daily Maximum Exceeded None `t' 0 Concentration 12-2009 002 Effluent Solids,Total Suspended- 12/31/09 2 X month mg/I 301 36.65 22.17 Monthly Average Exceeded None 4 - Concentration • jam.-Cs- ltx;-} - (c- 6. )t (L.tc_ r.0 Pr , - --. ,', i.wa-4i t L--e-e= I. a5 e:3_- 1 PERMIT:NC0005126 FACILITY: Tyson Poultry Inc-Har • , . . t COUNTY:Iredell ION: Mooresville t Li Violation MONITO NG OUTFALL/ IOLATION UNIT OF CALCULATED REP T PPI LOC'TION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE o/0 OVE LIMIT VIOLATION TYPE VIOLATION ACTION 12- 009 001 Efflu•nt Nitrogen,Ammonia Total(as 12/01/09 Weekly lbs/day 231.7 412.6 7 .08 Daily Maximum Exceeded None N)-Quantity Daily 12 2009 001 Efflue It Nitrogen,Total(as N)- 12/01/09 Weekly mg/I 194 300.5 54.9 Daily Maximum Exceeded None Concentration 1 -2009 001 Effluen Nitrogen,Total(as N)- 12/09/09 Weekly mg/I 194 248.5 28.09 Daily Maximum Exceeded None Concentration 1 -2009 001 Effluent Nitrogen,Total(as N)- 12/15/09 Weekly ./I 194 199. 2.84 Daily Maximum Exceeded N e oncentration 12-2009 001 Effluent Nit .•en,Total(as - 12/31/09 Weekly mg/I 136.92 2.18 Monthly Average Exceeded None Conce Aiikr• • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2010 THOMAS J ROBERTS AQUA NORTH CAROLINA INC 202 MACKENAN COURT CARY NC 27511 InAR 2 4 2010 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Oakley Park WTP • • Permit Number: NC0086142 Case Number: LV-2010-0068 Gaston County Dear : This letter is to acknowledge receipt of check number 337433 in the amount of$433.71 received from you dated March 11, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files ervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6492\Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org Natural An Equal Opportunity\Affirmative Action Employer A •.A, • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 26, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1107 • RETURN RECEIPT REQUESTED Thomas J Roberts Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0086142 Oakley Park WTP Gaston County Case No. LV-2010-0068 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.71 ($350.00 civil penalty+ $83.71 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for November 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No.NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-6040\Customer Service:1-877-623-6748 NorthCarolina• Internet:www.ncwaterquality.org Natl!"al& $ 100.00 For 1 of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 250.00 For 1 of the one (1)violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 350.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 433.71 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. / /z0:d (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality r ATTACHMENTS cc: Water Quality Regional Supervisor wf attachments Compliance/Enforcement File w/attachments Central Files wl attachments rb/ma ATTACHMENT A CASE NO. LV-2010-0016 Outfall Parameter Reported Value Permit Limit 001 TSS 49.0 mg/L 45.0 mg/L (Daily maximum) 001 TSS 152.0 mg/L* 45.0 mg/L (Daily maximum) 001 TSS 100.5 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment , STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO.NC0086142 ) FILE NO. LV-2010-0068 Having been assessed civil penalties totaling $433.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 26, 2010,the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0068 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $433.71 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: (use additional pages as necessary) • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 02/18/10 Page: 10 of 26 .w ,' ,.: �FAr `t .`. °N�3 ",4, "..�: a a,aty3,r:..: i ,., :'• o-s: ,.,,..,,� s� a s•e ,Y,. �n ',t » `' ..ez tic.a''' ' L! n#r,,}55 .,;. , ,;t{•, .,. .... - ,. ®,^.,-'.• t .. .:. -7HR'Vloiatior Cate ,., r a*,, ,F ;F-P rtrlt ,°, c;, �., .,r } � ;, i25Bntwean �71=2000 '� aid� '#1;�LOe r, eglnn,Manr`esvl l� ,.. 9 ry. ImlfiVio(atlo . Program Category: NPDE�WW Facility Name,.afb 'Param Name %a County+°fo ,, Subbaslri:'%Q 'Violation Action: °fo y S 9 1 t a x h - 3 fMa'or .M or.' � � �-E, .� _r.. �. � 7 ��.`s,;`.� x- �, u :.�i., i+, f .�T; � ra xr s- 4 �. a k, r Je: ,i,kt�y.n -,m s �rvb#i °ae c.a fi .'£:r., *a.. • . sJ. i -'' P cr: -.v w'�` c._":"Isi r/ ,�+ a s;, ,F'r �4_ J f S • ..� ��'i ":.." ",`iC�`+ '�ir�: svamc�u. `. .a�..>�a,�.-G�.c,�rC.,. fix..•.tivae�ln��+.,r f PERMIT:NC0086142 FACILITY: Aqua North Carolina Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation ,-"�r-- 9' -tC,--- CC-)6 ' MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED cl REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 11 -2009 001 Effluent Solids,Total Suspended- 11/02/09 2 X month mg/I 45 49 E�.`1 Daily Maximum Exceeded None *C Concentration 11 -2009 001 Effluent Solids,Total Suspended- 11/16/09 2 X month mg/I 45 152;ZVJ1•`�"Daily Maximum Exceeded None �� Concentration _ 11 -2009 001 Effluent Solids,Total Suspended- 11/30/09 2 X month mg/I 30 100.5 mo w'" Monthly Average Exceeded None ' Concentration — 4- PERMIT:NC0005126 FACILITY: Tyson Poultry Inc-Harmony plant COUNTY:Iredell REGION: Mooresvil ? .� Limit VI ation \\ / • MONITORING •UTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LO••TION PARAMETER DATE FREQU NCY MEASURE LIMI VALUE VIOLATION TYPE VIO •TIONACTION 11 -200- 001 E uent Nitrogen,Ammonia tal(as 11/17/09 Weekly lbs/day 23 .7 403.65 Daily Maximum Exceeded No e N)-Quantity Daily 11 -2$$9 001 E uent Nitrogen,Ammonia T tal(as 11/24/09 Weekly lbs/day 2 1.7 381.9 Daily Maximum Exceeded one N)-Quantity Daily 11 -2119 001 Effl ent Nitrogen,Ammonia T al(as 11/30/09 Weekly lbs/day 1 5.9 232.49 Monthly Average Exceeded None N)-Quantity Daily • 11 -2119 001 Effl -nt Nitrogen,Total(as N)- 11/17/09 Weekly mg/I 194 251.2 Daily Maximum Exceeded None Concentration 11 -2909 001 Efflu= t Nitrogen,Total(as N) 11/24/09 Weekly mg/I 194 277.5 Daily Maximum Exceeded None Concentration 11 - 009 001 Effluen Nitrogen,Total(as - 11/30/09 Weekly mg/I 134 177.3 Monthly Average Exce 'ded None Concentration NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2010-0068 Permit Number: NC0086142 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; The TSS daily maximum concentration of 49.0 mg/L and 152.0 mg/L on November 2nd and 16th exceeded the permit limit of 45.0 mg/L. The TSS monthly average concentration of 100.5 mg/L exceeded the permit limit of 30.0 mg/L. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 8.9% and 237.8% on November 2nd and 16th respectively; whereas, the TSS monthly average permit limit was exceeded by 235.0%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as in-stream monitoring is not required by NC0086142. Increased suspended solids increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee does not note a cause for the exceedances on the DMR. 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 only four other CPAs against Aqua North Carolina, Inc. for their Oakley Park WTP during the life of the permit with all four issued in the past twelve months as detailed below. Case Number Description LV-2010-0016 $333.71 LV for total suspended solids. Penalty has been paid in full. LV-2009-0390 $433.71 LV for total suspended solids. Penalty has been paid in full. LV-2009-0319 $433.64 LV for total suspended solids. Penalty has been paid in full. LV-2009-0310 $433.64 LV for total suspended solids. Penalty has been paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. Date Robert B. Krebs Surface Water Protection Regional Supervisor, Mooresville Division of Water Quality Al9c:rip:A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 4, 2010 THOMAS J ROBERTS AQUA NORTH CAROLINA INC "• •. . 202 MACKENAN COURT CARY NC 27511 SUBJECT: Payment Acknowledgment FEB " 8 2010 Civil Penalty Assessment Oakley Park WTP Permit Number: NC0086142 Case Number: LV-2010-0016 Gaston County Dear Roberts: This letter is to acknowledge receipt of check number 328451 in the amount of$333.71 received from you dated January 21, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files k, e 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 NorthCaroli a Internet:www.ncwaterquality.org ^��}�1��N�j �- An Equal Opportunity 1 Affirmative Action Employer ;V/ l i J -11 Aie7‘ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 13, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1022 RETURN RECEIPT REQUESTED Thomas J Roberts Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0086142 Oakley Park WTP Gaston County Case No. LV-2010-0016 • Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $333.71 ($250.00 civil penalty+$83.71 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for October 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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 Diiector of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supe isor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua orth Carolina, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org ��t„wrihi $ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 250.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 333.71 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 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 t s Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. / /Zo/o (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS . cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments . rb/ma • • • • ATTACHMENT A CASE NO. LV-2010-0016 Outfall Parameter Reported Value Permit Limit 001 TSS 51.0 mg/L 45.0 mg/L (Daily maximum) 001 TSS 38.9 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment r • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO.NC0086142 ) FILE NO. LV-2010-0016 Having been assessed civil penalties totaling $333.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 13, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0016 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $333.71 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: (use additional pages as necessary) • NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2010-0016 Permit Number: NC0086142 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The TSS daily maximum concentration of 51.0 mg/L on October 6, 2009, exceeded the permit limit of 45.0 mg/L. The TSS monthly average concentration of 38.9 mg/L exceeded the permit limit of 30.0 mg/L for the month of October 2009. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 13.3% on October 6, 2009; whereas, the TSS monthly average permit limit was exceeded by 29.5%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as in-stream monitoring is not required by NC0086142. Increased suspended solids increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. The permittee notes that "they have been removing a lot of iron and manganese from the raw water." 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 only three other CPAs against Aqua North Carolina, Inc.for their Oakley Park WTP during the life of the permit with all three CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2009-0390 $433.71 LV for total suspended solids. Penalty has been paid in full. LV-2009-0319 $433.64 LV for total suspended solids. Penalty has been paid in full. LV-2009-0310 $433.64 LV for total suspended solids. Penalty has been paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. 0k/249A Date Robert B. Krebs Surface Water Protection Regional Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date. 01/07/10 Page 10 of 26 Permit: % ; x MRs Between: 10-2009 , and 10-2009 . Region:Mooresville t '`Violation Category:Limit Violation - :Program Category: %: z ' Facility Name: % Param Name: % County:% Subbasin: % Violation Action: %' 1,�re• Major Minor: % _. PERMIT: NC0074799 FACILY: Pine obile Home Park- Pines Mobile H. - Par' COUNTY: Gaston REGION; Mooresville Limit V nation ,---INA, {3.,C -‘3 MONIT• NG 4TFALL/ VIOLATION UNIT OF ALCULATED�_ , • REP• PPI LO4 ON PARAMETER DATE i•EQUEN MEASURE MIT VALUE .L=- iLATION TYPE ALATION • ON 10-20 001 a en BOD,5-Day(20 D )- 10/08/09 X mont mg/I '.5 10 ^ 21 I aximum Exceeded, e `�' Concentration •� i 10- a 001 / e BOD,5-Day(20 ' C)- 10/22/09 X mo mg/I •�/ 14 `1)r I , Maximum Exceeded one I Concentration f + 11 -'009 001 BOD,5-Day(2, C)- 10/31/09 , X m, mg/I 5 w 12 \G thly Average Exceed; one it2 l ' Concentration 2009 001 • t Nitrogen,Am is tal(as 10/08/09 - ' 'onth mg/I 10" 20.4 /' I ly Maximum Excee: . •e ' N)-Concen on -2009 '01 E' =nt Nitrogen, • onia T. (as 10/22/09 month f 0 12.9 / D. Maximum E ded None ' N)-Con : ation >• 10-2009 0k u Nitroge' mmonia Total(a -• .• 2 • th mg/I 2 ..65 �'' Monthly •verage Exceeded None N)-C •ntration } yb •:^�i'1S`> �"`t,:,_„2, C 0( =D - , -' ; li, l �(,i_.-L.T i'1::L.(=: '�' �' i )�� ' .'L.-1-r- �R,`bn1,1 ,�l t' ry1,;4.; 'C.11L,A._`'�e�c.,,tii,.r� �Lv, �-"'� PERMIT: NC0086142 FACILITY: Aqua North Carolina Inc-Oakley Park WTP COUNTY: Gaston REGION: MooresVII , '<7 Limit Violation t_.\%" �s-C)VO_ ��t W MONITORING OUTFACE/ VIOLATION UNIT OF CALCULATED Grp^_ REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT if VALUE f ''VIOLATION TYPE VIOLATION ACTION 10-2009 001 Effluent Solids,Total Suspended- 10/06/09 2 X month mg/I 45'`� 51 v ?) Daily Maximum Exceeded None • Concentration 10-2009 001 Effluent Solids,Total Suspended- 10/31/09 2 X month mg/I 30-1 38.85- k:J MonthlyAverage Exceeded None rs -w.f.."' ' Concentration 9 g F I,c = Q. CC't (D , i ren. -- 3 A: • A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 18, 2009 THOMAS J ROBERTS • ' "� AQUA NORTH CAROLINA INC • 202 MACKENAN COURT CARY NC 27511 NOV 2 0 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Oakley Park WTP Permit Number: NC0086142 • Case Number: LV-2009-0390 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 313277 in the amount of$433.71 received from you dated October 29, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 • Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 North Carolina Internet:www.ncwaterquality.org An Equal Opportunity\Affirmative Action Employer atu1all£ --(nit- 1 ATC:•IreirA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 26, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7321 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0086142 Oakley Park WTP Gaston County Case No. LV-2009-0390 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.71 ($350.00 civil penalty + $83.71 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for July 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Intemet:www.ncwaterquality.org $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids (TSS). $ 350.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 433.71 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. A2/4 5/0 7-71 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0390 Outfall Parameter Reported Value Permit Limit 002 TSS 102.0 mg/L* 45.0 mg/L (Daily maximum) 002 TSS 61.8 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO.NC0086142 ) FILE NO. LV-2009-0390 Having been assessed civil penalties totaling $433.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 26, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0390 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $433.71 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: (use additional pages as necessary) • NORTH CAROLINA DIVISION OF WATER QUALITY_ ASSESSMENT FACTORS Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2009-0390 Permit Number: NC0086142 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; The TSS concentration of 102.0 mg/L on July 6, 2009, exceeded the daily maximum permit limit of 45.0 mg/L and the TSS monthly average concentration of 61.8 mg/L exceeded the permit limit of 30.0 mg/L. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 126.7% on July 6, 2009, whereas; the TSS monthly average permit limit was exceeded by 105.8%. 3) The effect on ground or surface water quantity or quality or on air quality; Increased suspended solids (turbidity) increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs in addition to other benthic organisms in the receiving stream. The effect on the receiving stream is unknown as no upstream or downstream monitoring is required. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The permittee notes that the WTP's filters are very efficient at removing iron and manganese from the raw water which shows up as high TSS and iron in the backwash. 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 t ; , `..4a ving been issue*, +. � � '; i a �? a '" /' .a Case Number Description LV-2009-0319 $433.64 LV for total suspended solids. Penalty has been paid in full. LV-2009-0310 $433.64 LV for total suspended solids. Penalty has been paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. Date Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Region Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 10/08/u9 Page. 12 of 25 o-s'r'' ..,."'s. 7'.'f.y ..". 'i-;vy ti,rt''' '•":.:. f .'...:f• 1 ''"- f� *'97`r" '�;':41' •r{p'' 1 J ft "",, ao?,: i-l . :,,b`7(D r•,, '.'d G .4 v...kAt w , �.r�xv. . -ur, .,...er U .„ �-�r .: �.,xs�,,. ., .... %tf c�' , .., ;»d..s...>w"Ylm,.... .. �r"r,.�:.� ..� �y, �N�,�r�-y � � .M.�, ,�'���#-.-� s.i �z o - Permit:% " MRs between: • 7-2 009 . and -•7-2009 Region:Mporeaviile Violation Category,Limit Violation - , Program Category. /o • :Facility Name: % Param Name: % County:% •, Subbasin:% Violation Action: % Major Minor:. PERMIT: NC0074799 FACILITY: Pines Mobile Home Park-Pines Mobile Home Park COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULA REPORT PPI LOCATION PA••0 - DATE FREQUENCY MEASURE ,IT VALUE VIOLATION TYPE VIOLATIO•ACTION 07-2009 001 ° ent =•D,5-Day(20 Deg. )- 07/09/09 2 X mo. •t/I 7.5 24 Daily Maximum - -•e• k.one Concentration 07-2009 001 Efflu- t BOD,5-Day(20 Deg.C)- 07/31/09 2 X month mg/ 5 15 Mo thly • erage Exceeded None .oncentration 07-2009 001 ffluent Nitr.ten,Ammonia Total(as 07 .9/09 2 X month g/I 10 18.4 Dai ,aximum Exceeded No,e N)- incentration 07-2009 001 Effluent Nitrogen, • •••.nia T. - -s 0 1/09 2 X month mg/I 2 Monthly Aver-=- Excee.:. None N)-Concentration PERMIT: NC0086142 FACILITY: Heater Utilities Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation Wv ` c Cj9 — C)PO MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED '=� REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT / VALUE VIOLATION TYPE VIOLATION ACTION Effluent 07-2009 002\ PI Solids,Total Suspended- 07/06/09 2 X month mg/I 45!U 102 w.,i'Daily Maximum Exceeded None k4 }C_ Concentration U� 07-2009 002 Effluent Solids,Total Suspended- 07/31/09 2 X month mg/I 30 61.75 )cj. Monthly Average Exceeded None Kr ;) Concentration PERMIT: NC0020591 FACILITY: City of Statesville-Third Creek WWTP COUNTY:Iredell REGION:i Mo ly3 � o- - 1 Limit I ' n �' MONITORING UTFAL VIOLATION UNIT OF C ULATED REPORT PPI LOCATION PARAM R DATE FREQU Y MEASURE LIMIT / UE V TION TYPE CATION ACTION 07 009 001 orine,Total R idual 07/09/09 week ug/I ' -28 33 Daily Maximum Exceeded No Action,BPJ • A.VA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 25, 2009 THOMAS J ROBERTS COO & PRESIDENT �. '' HEATER UTILITIES INC `, ; • 202 MACKENAN COURT CARY NC 27511 S E P 3 0 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Oakley Park WTP Permit Number: NC0086142 Case Number: LV-2009-0310 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 305050 in the amount of$433.64 received from you dated September 17, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files -u� . rar . , �cervisor 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 North C arol i n a Internet:www.ncwaterquality.org �Urttur�tlCJ An Equal Opportunity\Affirmative Action Employer Altel •„A, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 3, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7925 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts,President Aqua North Carolina, Inc. 202 Mackenan Court Cary, North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.l(a)(6) and NPDES Permit No. NC0086142 Oakley Park WTP Gaston County Case No. LV-2009-0310 • Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.64 ($350.00 civil penalty+ $83.64 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for May 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 350.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 433.64 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 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 A copy of the petition must also be served on DENR as follows: Ms. 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 9/51/409 4 I/ (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0310 Outfall Parameter Reported Value Permit Limit 002 Total suspended solids 480 mg/L* 45.0 mg/L (Daily maximum) 002 Total suspended solids 242.6 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO. NC0086142 ) FILE NO. LV-2009-0310 Having been assessed civil penalties totaling$433.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 3, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0310 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $433.64 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2009-0310 Permit Number: NC0086142 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; The total suspended solids (TSS) concentration of 480 mg/L on May 26, 2009, exceeded the daily maximum permit limit of 45.0 mg/L. This elevated concentration also resulted in the exceedance of the TSS monthly average permit limit (30.0 mg/L) when the permittee reported a monthly average of 242.6 mg/L. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 966.7% on May 26, 2009, whereas the TSS monthly average permit limit was exceeded by 708.7%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Increased suspended solids (turbidity) can increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown since the permittee did not provide a reason for the elevated suspended solids. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were 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 There have been no prior Civil Penalty Assessments against Aqua North Carolina, Inc. for the Oakley Park WTP during the life of the permit. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. ��3 job 5 �- Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 08/24/09 Page 12 of 23 • " Permit:,°lo MRs Between 5-2009 and 5 2009 ;Region:Mooresville Violation Category Limit Violation Program Category: % Facility Name:,% Param Name;% County:% Subbasin:% Violation Action: % Major Minor: % PERMIT:NC0074799 FACILITY: Pines Mobile Home Park-Pines Mobile Home Park COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI ,ttATtt N PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION r' 05-2009 00 f Effluent BOD,5-Day(20 Deg.C)- 05/12/09 2 X month mg/I 7.5 15 Daily Maximum Exceeded None x+` Concentration 05-2009 001 Effluent BOD,5-Day(20 Deg.C)- 05/21/09 2 X month mg/I 7.5 29 Daily Maximum Exceeded None Concentration • 05-200 001 Effluent BOD,5-Day(20 Deg.C)- 05/31/09 2 X month mg/I 5 22 Monthly Average Exceeded None Concentration 05- 09 001 Effluent Nitrogen,Ammonia Total(as ,65/21/09 2 X month • mg/I 10 14 Daily Maximum Exceeded None N)-Concentration -2009 001 Effluent Nitrogen,Ammonia Totif(as 05/31/09 2 X month mg/I 2 12 Monthly Average Exceeded None N)-Concentration PERMIT: NC0086142 FACILITY: Heater Utilities Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation 1,..._\1- 04 c( �' i G MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED .- REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE �- VIOLATION TYPE VIOLATION ACTION 05-2009 002 Effluent Solids,Total Suspended- 05/26/09 2 X month mg/I 45 480 14,42„)-Daily Maximum Exceeded None ' l C" Concentration 05-2009 002 Effluent Solids,Total Suspended- 05/31/09 2 X month mg/I 30 242.6 1.0".Monthly Average Exceeded None 1 ' i Concentration 1, .tom= Q. 1 M=2t' ` ' 'r'�^'C`. 1ac-c7a= Q fvtu 1 v Lug' 1 t `N ?�(4r 1�....- . NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 30, 2009 THOMAS J ROBERTS COO & PRESIDENT HEATER UTILITIES INC 202 MACKENAN COURT • • CARY NC 27511 • SUBJECT: Payment Acknowledgment OCT _ Civil Penalty Assessment i 2009 Oakley Park WTP Permit Number: NC0086142 • Case Number: LV-2009-0319 Gaston County Dear Mr. Roberts: This letter is to acknowledge receipt of check number 306543 in the amount of$433.64 received from you dated September 24, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, ovonah D. Weeden cc: Central Files '• ;ak ,w�� ��r r" .0 a1 Office Su.ervis. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919.807-63001 FAX:919-807-6492 Customer Service:1-877-623-6748 North Carolina Internet:www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Naturally /r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 15, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7956 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts,President Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0086142 Oakley Park WTP Gaston County • Case No. LV-2009-0319 Dear Mr. Roberts: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.64 ($350.00 civil penalty+ $83.64 enforcement costs) against Aqua North Carolina, Inc.. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data reported for June 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0086142. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0086142 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). 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, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org A7/ft1/t'/7/I $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total suspended solids (TSS). $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No.NC0086142, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. $ 350.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 433.64 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 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 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 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 G.S. 143B-282.1(b)were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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"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 OR 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 A copy of the petition must also be served on DENR as follows: Ms. 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, andyou anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 9f/c /Gco1 lel (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2009-0319 Outfall Parameter Reported Value Permit Limit 001 Total suspended solids 140 mg/L* 45.0 mg/L (Daily maximum) 001 Total suspended solids 78.0 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS PERMIT NO. NC0086142 ) FILE NO. LV-2009-0319 Having been assessed civil penalties totaling$433.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 15, 2009, the undersigned, desiring to seek remission of the civil penalties, 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 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 , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0319 Assessed Party: Aqua North Carolina, Inc. County: Gaston Permit Number: NC0086142 Amount Assessed: $433.64 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: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Aqua North Carolina, Inc. Facility: Oakley Park WTP County: Gaston Case Number: LV-2009-0319 Permit Number: NC0086142 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; The total suspended solids (TSS) concentration of 140 mg/L on June 8, 2009, exceeded the daily maximum permit limit of 45.0 mg/L. This elevated concentration also resulted in the exceedance of the TSS monthly average permit limit (30.0 mg/L) when the permittee reported a monthly average of 78.0 mg/L. 2) The duration and gravity of the violation; The TSS daily maximum permit limit was exceeded by 211.1% on June 8, 2009, whereas the TSS monthly average permit limit was exceeded by 160%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. Increased suspended solids (turbidity) can increase the water temperature, thus reducing the amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that penetrates through the water, further decreasing oxygen production and photosynthesis. In addition, high levels of solids can kill fish by clogging their gills, lowering their resistance to disease, and smothering their eggs. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally as the permittee notes that the violations occurred from a slug of iron floc from the filter being backwashed. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There has been one prior Civil Penalty Assessments against Aqua North Carolina, Inc. for the Oakley Park WTP during the life of the permit. Case Number Description LV-2009-0310 $433.64 LV for total suspended solids. Penalty is within the 30-day response window. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date 09/10/09 Page: 11 of 21 , Permit: % MRs Between: 6-2009 and 6-2009 Region:Mooresville Violation Category:Limit Violation Program Category: NPDES WW Facility Name: % Param Name: % County:% Subbasin: % Violation Action: Major Minor: Vo PERMIT: NC0074799 FACILITY: Pines Mobile Home Park- Pines Mobile Home Park COUNTY:Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED • REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 06-2009 001 Effluent BOD,5-Day(20 Deg.C)- 06/06/09 2 X month mg/I 7.5 18 Daily Maximum Exceeded None Concentration 06-2009 001 Effluent BOD,5-Day(20 Deg.C)- 06/18/09 2 X month mg/I 7.5 16 Daily Maximum Exceeded None Concentration 06-2009 001 Effluent BOD,5-Day(20 Deg.C)- 06/30/09 2 X month mg/I 5 17 Monthly Average Exceeded None Concentration 06-2009 001 Effluent Nitrogen,Ammonia Total(as 06/30/09 2 X month mg/I 2 9 Monthly Average Exceeded None N)-Concentration PERMIT:NC0086142 FACILITY: Heater Utilities Inc-Oakley Park WTP COUNTY:Gaston REGION: Mooresville Limit Violation \,---V_ ,- -r C-- — 0 i '/ MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED ,L REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT / VALUE VIOLATION TYPE VIOLATION ACTION 06-2009 001 Effluent Solids,Total Suspended- 06/08/09 2 X month mg/I 45 / 140 • t I,-lDaily Maximum Exceeded None `t (CC' Concentration / 06-2009 001 Effluent Solids,Total Suspended- 06/30/09 2 X month mg/I 301 78 IL.-C) Monthly Average Exceeded None 01 ^ -;(7 "' Concentration Nu _ O. �.=C.)I Nl�)r ---) .—...C-.- 1,4A, t `rAP (� t ' �J A7- Michael F.Easley,Governor 0o RQG William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality December 11, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0721 RETURN RECEIPT REQUESTED Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 Mackenan Court Cary, North Carolina 27511 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0582 Oakley Park WTP NPDES Permit No. NC0086142 Gaston County Dear Mr. Roberts: A review of the August 2008 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 TSS 56.5 mg/I 45.0 mg/I (daily maximum) 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 Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/663-1699. Sincerely GLt. Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Gaston County Health Dept. jl Mailing Address Phone(704)663-1699 Location Noy`hCarolina 610 East Center Avenue,Suite 301 Fax (704)663-6040 610 East Center Avenue,Suite 301 lltuCllll/, Mooresville,NC 28115 Mooresville,North Carolina Internet: www.ncwateraualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ik° Performance Annual Report kt•LdVED I. General Information hIAR - 'MN Facility/System Name: Oakley Park Well #1 Responsible Entity: Aqua North Carolina, Inc. D E N WATER QUALITY FOIN i SOURCE BRANCH Person in Charge/Contact: Tom Roberts Applicable Permit (s): Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. After backwash and prior to discharge, liquid de-chlorination is fed. II. Performance Text Summary of System Performance for Calendar Year 2008: These facilities consistently met the discharge permit limits in 2008 except for a TSS violation in August List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant '� r f owN 6--mr. hi 4 ‘ riN.,, 11 February Compliant March Compliant MAR 6 2009 April Compliant rw,,. DWQ-Surface Water Protection May Compliant June Compliant July Compliant August Daily Maximum for TSS was exceeded. Per the operator, the high TSS was caused by a combination of increase removal of iron and a possible slug from the backwash cycle. September Compliant October Compliant November Compliant December Compliant III. Notification Our customers will receive a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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. rr ,� Date: 02/28/09 Responsible Person Title: Regional Compliance Manager Entity: Aqua North Carolina, Inc. Performance Annual Report RECEIVED I. General Information Facility/System Name: Oakley Park Well #2 Responsible Entity: Aqua North Carolina, Inc. DEN R - WATER QUALITY POINT SOURCE BRANCH Person in Charge/Contact: Tom Roberts Applicable Permit (s): I Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. After backwash and prior to discharge, liquid de-chlorination is fed. II. Performance Text Summary of System Performance for Calendar Year 2008: These facilities consistently met the discharge permit limits in 2008. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers will receive a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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. -I r c 1 r►eP agl-okJ Date: 02/28/09 Responsible Person Title: Regional Compliance Manager Entity: Aqua North Carolina, Inc. ,W A 7F9q Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Coleen H.Sullins.Director Division of Water Quality November 17, 2008 Mr. Thomas J. Roberts, President Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 Subject: Compliance Evaluation Inspection Oakley Park Subdivision WTP NPDES Permit No. NC0086142 Gaston County,N.C. Dear Mr. Roberts: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 6, 2008, by Mr. Wes Bell of this Office. Please inform the facility's Operators-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning the report,please do not hesitate to contact Mrs.Marcia Allocco,Mr. Bell,or me at(704)663-1699. Sincerely, • -feyi Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Tony Parker, Aqua North Carolina, Inc. Gaston County Health Department WB ANA N"One Carolina NCDENR !vatura/4q Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquatitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Foual OnoortunitvlAffirmative Action Fmnbver—50%Recycled/10%Post Consumer Pacer 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 N� 2 I U I 31 NC0086142 111 121 08/11/06 J 17 18I� 19IGI1- 2011 L_t Remarks 21IIIIIIIIIIIIIIIIIIIIIIII1111IIIIIIIIIIIIIIIIII166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.5 169 70 U 7111 72I N I "1 I 174 751 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) 09:45 AM 08/11/06 05/09/01 Oakley Park WTP Sequoia Dr Exit Time/Date Permit Expiration Date Gastonia NC 28052 10:10 AM 08/11/06 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Audwin Scott Williams/ORC/704-489-9401/ Name,Address of Responsible Official/Title/Phone and Fax Number Thomas J Roberts,202 Mackenan Ct Cary NC Contacted 27511/President/919-467-8712/9194661583 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) IN Permit Flow Measurement •Operations&Maintenance N Records/Reports In Self-Monitoring Program •Sludge Handling Disposal •Facility Site Review MI Effluent/Receiving Waters •Laboratory 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 Wesley N Bell MRO WQ//704 663 1699 Ext.2192/ I I /177r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D to arcs 1 c MRO WQ//704-663-1699 Ext.2204/ � � EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NC0086142 ill 121 08/11/06 I17 18U Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NC0086142 Owner-Facility: Oakley Park VVTP Inspection Date: 11/06/2008 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? ■ n n n Is the facility as described in the permit? ■ n 0 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 0 Comment: A 17 ug/I effluent permit limit for total residual chlorine became effective on 3/1/07. The Division issued an ATC on 9/6/06 for the installation of a tablet dechlorination system. 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? ■ 0 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? M 0 n 0 Is the chain-of-custody complete? U n n 0 Dates,times and location of sampling U Name of individual performing the sampling U Results of analysis and calibration • Dates of analysis U Name of person performing analyses U Transported COCs • Are DMRs complete: do they include all permit parameters? • n n 0 Has the facility submitted its annual compliance report to users and DWQ? ■ n n 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ 0 0 0 Is the ORC certified at grade equal to or higher than the facility classification? ■ n n 0 Is the backup operator certified at one grade less or greater than the facility classification? U n n 0 Is a copy of the current NPDES permit available on site? ■ 0 n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Page# 3 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 11/06/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period August 07 through July 08. No limit violations were reported and all monitoring frequencies were correct. The records were organized and well maintained. The ORC has initiated a commendable record keeping system. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? • 0 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? Ninon #Is the facility using a contract lab? ■ ❑ n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 00 . 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? onion Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 0 0 • 0 Comment: On-site field analyses are performed under laboratory certification #5035. Water Tech Labs (Certification #50) has also been contracted to provide analytical support. Please refer to Mr. Chet Whiting's (Division's Laboratory Certification Unit) inspection report regarding the facility's laboratory practices. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n 1• n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ n n n Is the tubing clean? n n ■ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? n n • n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ n n n Comment: 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 0 0 ■ 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. The ORC was in the process of replacing a section of the outfall line at Well#2 (larger pipe diameter) to accomodate the increased flows from the upgraded filter system (larger units). Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ n ■ n Is flow meter calibrated annually? 0 0 • 0 Page# 4 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 11/06/2008 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE Is the flow meter operational? 0 n • 0 (If units are separated) Does the chart recorder match the flow meter? 0 0 • 0 Comment: Instantaneous flows are measured by multiplying the volume of each backwash by the number of backwash events. De-chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? n non Is storage appropriate for cylinders? 0 0 IN 0 #Is de-chlorination substance stored away from chlorine containers? n n • Comment: Are the tablets the proper size and type? ■ ❑ n ❑ Are tablet de-chlorinators operational? ■ n n n Number of tubes in use? 4 Comment: The dechlorinators at each facility contained tablets in 4 sleeves at Well #1 and 3 sleeves at Well #2. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n ❑ Are the receiving water free of foam other than trace amounts and other debris? n n ■ Q If effluent (diffuser pipes are required) are they operating properly? 00 . 0 Comment: The effluent from Well #2 appeared clear with no floatable solids or foam. No discharge was observed from Well #1. The effluent from Well#1 discharges/disperses into a wooded area and the Well #2 effluent discharges into a dry ditch. Page# 5 A K U A_ North Carolina Aqua North Carolina,Inc. T:704.489.9401 4163 Sinclair Street F:704.489.9409 Denver, NC 28037 www.aquanorthcarolina.com August 19, 2008 Central Files ' ^' Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 AUG 2 5 2008 RE: DMRs for June, 2008 PAC DENR MRO Fox Run WTP— NPDES Permit# NC0072061 Keltic Meadows WPT— NPDES Permit # NC0084468 DI NO-Surface Water Protection Maplecrest WTP — NPDES Permit# NC0086193 Oakley Park WTP-001 — NPDES Permit # NC0086142 OVITIPatk =0Z — N 086142 Southgate WTP — NPDES Permit # NC0069035 Please accept the enclosed DMRs for the above referenced systems for the month of June, 2008. These reports are being submitted late; please see the attached explanation from our ORC. Please accept our apology for this oversight. Should there be any questions, please do not hesitate to call me at (704) 489- 9404 ext. 232. Sincerely, Tony R. Parker Area Manager TRP/pp Enclosure C:VMs. Marcia Allocco, DWQ, MRO Mr. Rusty Rozzelle, MCWQP An Aqua America Company August 19, 2008 From; Audwin Scott Williams, ORC Aqua North Carolina PC 1, 985376; WW 3, 12730 To; Subject; Late Monthly DMRs for the following permits for the month of June NC0072061 Fox Run WTP 001 NC0084468 Keltic Meadows WTP 001 NC0086193 Maplecrest WTP 001 NC0086142 Oakley Park WTP 001 NC0086142 Oakley Park WTP 002 NC0069035 Southgate WTP 001 Dear Sirs, The simple exclamation is that I miss filed the reports in the wrong place. Before that some of the lab data arrived late and I found discrepancies in the data and had to request corrected lab reports. While waiting I misplaced the file and then I got busy with other jobs. After time had past and I did not have the reports in the right file, I thought I had finished then and turned them in. Then on the 18`h I found them, they were completed and signed for the 18th of June.Now they are being sent to you for filing. Sincerely, • 61A, 14/14.11 G/ti . L'�ti Audwin Scott Williams A- ? UA_ North Carolina Aqua North Carolina,Inc. T:704 489 9401 4163 Sinclair Street F.704 489 9409 Denver, NC 28037 www.aquanorthcarolina.com August 19, 2008 rtot Er Central Files RL ' Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 AUG 2 5 2003 RE: DMRs for June, 2008 NC DENR MRO Fox Run WTP— NPDES Permit # NC0072061 Keltic Meadows WPT— NPDES Permit # NC0084468 DW -Surface Water Protection Maplecrest WTP — NPDES Permit # NC0086193 �' r , iiilr � 111 ' .�ui�,�i �� b ; 086142 •a ley mar It P-002 — NPDES Permit # NC0086142 Southgate WTP — NPDES Permit # NC0069035 Please accept the enclosed DMRs for the above referenced systems for the month of June, 2008. These reports are being submitted late; please see the attached explanation from our ORC. Please accept our apology for this oversight. Should there be any questions, please do not hesitate to call me at (704) 489- 9404 ext. 232. Sincerely, 7Z 1)04 Tony R. Parker Area Manager TRP/pp Enclosure C:✓Ms. Marcia Allocco, DWQ, MRO Mr. Rusty Rozzelle, MCWQP An Aqua America Company August 19, 2008 From; Audwin Scott Williams, ORC Aqua North Carolina PC 1, 985376; WW 3, 12730 To; Subject; Late Monthly DMRs for the following permits for the month of June NC0072061 Fox Run WTP 001 NC0084468 Keltic Meadows WTP 001 NC0086193 Maplecrest WTP 001 NC0086142 Oakley Park WTP 001 NC0086142 Oakley Park WTP 002 NC0069035 Southgate WTP 001 Dear Sirs, The simple exclamation is that I miss filed the reports in the wrong place. Before that some of the lab data arrived late and I found discrepancies in the data and had to request corrected lab reports. While waiting I misplaced the file and then I got busy with other jobs. After time had past and I did not have the reports in the right file, I thought I had finished then and turned them in. Then on the 18th I found them, they were completed and signed for the 18th of June.Now they are being sent to you for filing. Sincerely, G1 �� Audwin Scott Williams , : ,, ,. V R,i,„ ck, 1 vE c cl Performance Annual Report I. General Information NC DENR MRO Facility/System Name: Oakle Park DWO-Surface Water Protection Responsible Entity: Aqua North Carolina dba Heater Utilities, Inc. Person in Charge/Contact: Tom Roberts Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. After backwash and prior to dischar e, li uid de-chlorination is fed. II. Performance Text Summary of System Performance for Calendar Year 2007: These facilities consistently met the discharge permit limits in 2007. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of ovir mental impacts and corrective measures taken to address viola Io ., ' \(E January Compliant • :;AR -- 3 2Q(d February Compliant March Compliant DENIM - WATER QUALITY POINT SOURCE BRANCH April Compliant May Compliant June Compliant July . Compliant August Compliant September Compliant October Compliant November Compliant December ' Compliant III. Notification Our customers received a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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. `11-A.egoi Date: 02/29/0 8 Responsible Person Title: Regional Compliance Manager • Entity: Aqua North Carolina dba Heater Utilities, Inc. Jct.!.Oa- ; t d;;tls"lzitn. AND?'.AT' l'-^OURCES OFFICE Performance Annual Report FEB 1 4 20u7 I. General Information Facility/System Name: Oakley Park WATER i�1TY SECTION Responsible Entity: Heater Utilities, Inc. Person in Charge/Contact: Michael S. Harwood Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. In order to comply with new permit limits for residual chlorine, a tablet dechlorination unit was installed at each of the wells in 2006. II. Performance Text Summary of System Performance for Calendar Year 2006: These facilities consistently met the discharge permit limits in 2006. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers received a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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. d6OV/7,7 Date: 02/07/07 Responsib e Person Title: Regional Manager, Engineering & Compliance Entity: Heater Utilities, Inc. r0o, W A Michael F.Easley,Govern ray— \ G William G.Ross Jr.,Secretary �jj North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director -c Division of Water Quality March 1, 2007 Mr. Michael Harwood Aqua North Carolina, Inc. 202 Mackenan Court Cary,North Carolina 27511 Subject: Notice of Deficiency Compliance Evaluation Inspection Oakley Park WTP NPDES Permit No. NC0086142 Gaston County,North Carolina • Dear Mr. Harwood, Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 20, 2007, by Mrs. Sonja Basinger of this Office. Please inform the facility's Operator in Responsible Charge of our findings by forwarding a copy of the enclosed report. Please note the deficiency cited in the Record Keeping section of the report. A written response is not requested addressing the deficiency. The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mrs. Basinger or me at(704) 663-1699. Sincerely, for Michael L. Parker Acting Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department SWB , N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency E PA Washington,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 I �� 31 NC0086142 111 121 07/02/20 1 17 181 rl 191 SI 201 1=J t_! 1 1 Remarks ! 1= LJ 21I I I I 1 1 1 1 1 1 1 1 IIII 1 1 1 1 IIII I I I I I I I I I I I I IIIIIIII I 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 2.0 1 69 70 3' 71 Nu u 72I N I 731 I 11 " 75I I I I 1 1 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) 11:20 AM 07/02/20 05/09/01 Oakley Park WTP Sequoia Dr Exit Time/Date ' Permit Expiration Date Gastonia NC 28052 11:45 AM 07/02/20 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Audwin Scott Williams/ORC/704-489-9401/ Name,Address of Responsible Official/Title/Phone and Fax Number oac Michael Harwood,202 Mackenan Ct Cary NC 27511//919-467-8712/9194601788ted No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) II Permit Ill Flow Measurement •Operations&Maintenance M Records/Reports Self-Monitoring Program III Facility Site Review •Effluent/Receiving Waters •Laboratory 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 Sonja Basinger MRO WQ//704-235-2202/ /' �%a�Y� d I M 1442 zoo�-- Wrii4 G Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers D to Marcia Allocco MRO WQ//704-235-2204/ \� � EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 0 0 ■ 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The effluent total residual chlorine (TRC) limit is effective 3/1/2007. An Authorization to Construct (ATC) for dechlorination was issued for both wells (#1 and #2) on 9/6/2006. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? 111000 Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Page# 3 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: The facility was last inspected on January 25, 2006 by James Bealle of this Office. DMRs were reviewed from the period of December 2005 through November 2006. A monitoring deficiency for effluent TSS was reported for Well # 1 for September 2006. The facility did not meet the 10 day interval for twice per month monitoring per 15A NCAC 2B .0508 (d). Upon review of the data it was noted that the holding time for the sample was not met due to operator error. This deficiency will be addressed by this inspection report. 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 0 0 • 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and maintained on the day of the inspection. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform) set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 0 0 ■ 0 Comment: On-site field analysis are performed under field laboratory certification # 5035. Contracted lab services are performed by Water Tech Labs#50. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ 0 ■ 0 Is flow meter calibrated annually? 0 0 ■ 0 Is the flow meter operational? 0 0 ■ 0 (If units are separated) Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: Instantaneous effluent flow readings are required by the permit. Flow is measured by multiplying the gallons per backwash by the number of timed backwashes. De-chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 0 0 ■ 0 Page# 4 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation De-chlorination Yes No NA NE Is storage appropriate for cylinders? 0 0 ■ 0 #Is de-chlorination substance stored away from chlorine containers? 0 0 • 0 Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Are tablet de-chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? 2 Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected below all treatment units? . 000 Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? . 000 Comment: Grab samples are required by the facility's permit. 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? 0 0 0 ■ If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ 0 Comment: The facility discharges to a dry ditch. Page# 5 WAT 9Michael F.Easley,G�vemor-�`-- reoc. p� William G.Ross,Jr.,Secretary North Carolina Department of Environment and Natural Resources t] 'C Alan W.Klimek,P.E.,Director Division of Water Quality February 6, 2006 Mr. Michael J. Myers Aqua North Carolina, Inc. PO Box 4889 Cary,NC 27519 Subject: Compliance Evaluation Inspection Oakley Park WTP NPDES Permit NC0086142 Gaston County Dear Mr. Myers: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 25, 2006, by James B. Bealle III of this office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please contact Mr. Bealle or me at (704) 663-1699. Sincerely, L1'i ,r 1 D. Rex Gleason, P.E. ,,--"Surface Water Protection Regional Supervisor enclosure cc: Central Files Gaston County Environmental Health Department jb North Carolina Division of Water Quality,Mooresville Regional Office One 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 NorthCarolina Phone:704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally 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 INS 2 ICI 31 NC0086142 111 121 06/01/25 17 18ICI 191cl 201 1_I L! Remarks 1—! U LJ 211III11I11IIIII1111III111IIIIII111IIIIIIIIIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.0 169 70 U 71 U 72 N(! 731 I (74 7511 I I 1 1 I 180 �--� Section B: Facility Data u 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) Oakley Park WTP 01:30 PM 06/01/25 05/09/01 Sequoia Dr Exit Time/Date Permit Expiration Date Gastonia NC 28052 02:00 PM 06/01/25 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Audwin Scott Williams/ORC/704-489-9401/ Tony R Parker//704-489-9404 / Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Michael J Myers,PO Box 4889 Cary NC 275194889//919-467-7854/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ▪Permit Flow Measurement Operations&Maintenance •Records/Reports ▪Self-Monitoring Program El Facility Site Review •Effluent/Receiving Waters 1.Laboratory Section D: Summary of Findinq/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 James Bealle MRO WQ//704-663-1699/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date John E Lesley ` of MRO WQ//704-663-1699 Ext.270/ 2/fl_.;mi : EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 Permit: NC0086142 Owner-Facility: Oakley Park WTP Inspection Date: 01/25/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 0 ■ 0 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: DMRs were reviewed for December 2004 through November 2005. No violation(s) reported. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ ❑ Page# 3 Permit: NC0086142 Owner-Facility: Oakley Park VVTP Inspection Date: 01/25/2006 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency, sampling type representative)? U ❑ ❑ ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? . 000 #Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ ■ ❑ Incubator(BOD)set to 20.0 degrees Celsius +/- 1.0 degrees? 0 0 ■ 0 Comment: Water Tech Laboratories, Inc. (50) provides analytical support. 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 0 0 ■ 0 Judge,and other that are applicable? Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ ■ ❑ Is flow meter calibrated annually? 00 . 0 Is the flow meter operational? 00 . 0 (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Flow is measured by multiplying the gallons per backwash by the number of timed backwashes. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ n ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: Page# 4 Neil R.Phillips President Aqua North Carolina/Heater Utilities Aqua North Carolina T:919-467.8712. PrUNorth Ca roEi na.:, .202 MacKenan Ct. F:919.460.1788 Care,North Carolina 27511 email:nrohillius aauaaenerica.co-n June 1, 2005 Jessica Miles Public Water Supply Section Chief 1634 Mail Service Center • Raleigh, North Carolina 27699-1634 Alan Klimek, P.E. Director Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Delegation of Signature Authority • • • To Whom It May Concern: I am writing this letterdelegating authority to sign on my behalf all permit applications reports, and other agency correspondence to Mi chael J. Myers. I currently hold the position of President of Aqua North Carolina• and Heater Utilities along with being a mice President of Aqua America and have the authority to delegate these activities to Mr. Myers. Mr. Myers currently holds the position of Engineering and Compliance Manager for Aqua North Carolina and Heater Utilities. This delegation of signature authority is • meant to fulfill the requirements of NCAC 2H -0106 (e),NCAC 2H.0206 (b)(I), and various permit conditions. • Thank you. Aqua North Carolina and Heater Utilities look forward to working with your agencies in the future. If you have any queStions, please do not hestiate to contact either myself or Michael Myers using the contact information above_ • 7erely,( hilli s • Pr sident Aqua North Carolina, Inc./Heater Utilities Cc: Bill Reid, Wake County Environental Servicesm David Goodrich,Division of Water_;--, ality Kim Colson, Division of Water Qulity Wayne Munden,Public Water SuPP1Y Michael Myers Blythe Clifford Robyn Thomas 1 v r-3'7 N Iforq F'J 1(7-7 AQUA -�` North Carolina Compliance&Engineering Department Aqua North Carolina T:919.467.8712 202 MacKenan Ct. F:919.466.1583 Cary,North Carolina 27511 July 18, 2005 yt. Regional Supervisor Rex Gleason NCDENR 610 East Center Avenue ;. Mooresville, NC 28115 AUG0q!, • RE: Declaration of Signature Authority Dear Regional Supervisor Gleason, Find enclosed correspondence indicating that Michael Myers is able to sign permit applications, reports, and other agency correspondence. Should there be any questions, do not hesitate to call me at (919)467-7854 ext. 47 or Michael Myers ext. 706. I .,s Harvey Engine:I&and Compliance End. cc: Michael Myers, Engineering and Compliance Manager AQUA NORTH CAROLINA WASTEWATER FACILITIES SUBDIVISION COUNTY NPDES # Ii ,'i` Country Valley Catawba NC0058742 Killians Crossroads Catawba NC0063355:4 Spinnaker Bay Catawba NC0060593 Alexander Island Iredell NC0075205 X Castaway/Bridgeport Iredell NC0056154 a' Diamond Head Iredell NC0074772 4A Hwy 150 (River Park) Iredell NC0074900 X Mallard Head -Iredell NC0062481 X Pier 16 Iredell NC0074535 Windemere Iredell NC0080691 Ashe Plantatation Mecklenburg NC00657494 Harbor Estates Mecklenburg NC0063860 NX McCarron Mecklenburg NC0071781,)( Mint Hill Festival Mecklenburg NC0063789'7' Oxford Glen /Reigate Mecklenburg NC0063584�C White Forest -Contract Ops Mecklenburg NC0063932X Willowbrook Mecklenburg NC0073539 Willows Creek Mecklenburg NC0065773 Pine Valley Rowan NC0028941 Country Woods East Union NC0065684 (WQCS00322)X• • Public Water Systems - Backwash Systems SUBDIVISION - COUNTY NPDES# Fox Run Gaston NC0072061 'n • Keltic Meadows Gaston NC0084468 ''< Maplecrest Gaston NC0086193 X alecikley Par, „r Gaston NC0086142 Xi Southgate Gaston NC0069035/ • 11/2/2006 Performance Annual Report I. General Information Facility/System Name: Oakley Park Responsible Entity: Heater Utilities, Inc. Person in Charge/Contact: Michael J. Myers Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. II. Performance Text Summary of System Performance for Calendar Year 2005: These facilities consistently met the discharge permit limits in 2005. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers were sent a letter regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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: 02/14/06 Responsib erso Title: Regional Manager, Engineering & Compliance Entity: Heater Utilities, Inc. " UA A North Carolina Aqua North Carolina,Inc. T:704 489.0i4011 ?'4 O i4. 4163 Sinclair Street F:704.489.9409 Denver, NC 28037 www.aquanorthcarolina.com November 2, 2006 -�_� 't:r 1•F-" AND{:',, .. CY:, SCr`J Barbara Sifford LIOO'tM "s `=i-iC'Y Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 NOV 0 6 200( Mooresville,NC 28115 Subject: Aqua North Carolina,Western Division Annual Report Barbara, I have enclosed a copy of our 2005 Annual Reports. As we discussed, I will add you to the distribution list for our 2006 reports. If you have any questions or require additional information, please do not hesitate to contact me at (704) 489-9404, Extension 228. hank ; Lei( A Welborn Enviran ental Coordinator Enclosure • An Aqua America Company Michael F.Easley,Governor Qt� William G.Ross Jr.,Secretary it North Carolina Department of Environment and Natural Resources OSvti; :m Alan W.Klimek,P.E.Director LL."4.4411x' C Division of Water Quality ` September 6, 2006 AND F ATt,PAL°':SOURCES MOORESV,_t '-'" ^NAL OFFICE F Mr. Michael J. Myers Aqua North Carolina, Inc. U PO Box 4889 SEP 1 5 200 Cary, NC 27519-4889 WATER �� SUBJECT: Authorization to Construct QUALITY SECTION A to C No. 086142A01 Aqua North Carolina, Inc. Oakley Park WTP Well #1 Dechlorination Facilities Gaston County Dear Mr. Myers: A fast track application for Authorization to Construct dechlorination facilities was received on August 16, 2006, by the Division. Authorization is hereby granted for the construction of modifications to the existing Oakley Park WTP Well #1, with discharge of treated wastewater into McGill Branch in the Catawba River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a tablet dechlorination system pursuant to the fast track application received on August 16, 2006, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0086142 issued August 15, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0086142. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. N?hCarolina JVatura!!I North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1 6 1 7 Phone(919)733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-S77-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Mr. Michael J. Myers September 6, 2006 Page 2 The Mooresville Regional Office, telephone number(704) 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted to the address provided on the form. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to he constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. r. Michael J. Myers September 6, 2006 Page 3 If you have any questions or need additional information, please do not hesitate to contact Cecil G. Madden, Jr., P.E. at telephone number(919) 715-6203. Sincerely,jJ A 1) !/I/.. //' it, _,, / v - Alan W. Klimek, P.E. MM/cgm cc: J. Thurman Horne, P.E., Horizon Engineering & Consulting, Inc. Gaston County Health Department 'ec nical Assistance and Certification Unt Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Michelle McKay, E.I. A to C File qua North Carolina, Inc. Oakley Park WTP Well#1 A to C No. 086142A01 Issued September 6, 2006 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to Oakley Park WTP Well #1 located on Freedom Mill Road in Catawba County for Aqua North Carolina, Inc., 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 tablet dechlorination system pursuant to the fast track application received on August 16, 2006, 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 substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Michael F.Easley.Governor r✓ William G.Ross Jr..Secretary North Carolina Department of Environment and Natural Resources , r Y< a« a .�� Alan W.Klimek.P.E.Director Division of Water Quality September 6, 2006 . AND NATlf^!':L RESOURCES moo. OFFICE Mr. Michael J. Myers r) Aqua North Carolina, Inc. PO Box 4889 SEP 1 5 200o Cary, NC 27519-4889 SUBJECT: Authorization to Construct WATER QUALITY SECTION A to C No. 086193A02 Aqua North Carolina, Inc. Oakley Park WTP Well #2 Dechlorination Facilities Gaston County Dear Mr. Myers: A fast track application for Authorization to Construct dechlorination facilities was received on August 16, 2006, by the Division. Authorization is hereby granted for the construction of modifications to the existing Oakley Park WTP Well #2, with discharge of treated wastewater into McGill Branch in the Catawba River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of the following specific modifications: Installation of a tablet dechlorination system pursuant to the fast track application received on August 16, 2006, and in conformity with the Minimum Design Criteria for Dechlorination Facilities. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0086142 issued August 15, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC008614 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. amN `hCarolina ,1atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh.NC 27699-1 6 1 7 Phone 1919)733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh.NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr. Michael J. Myers September 6, 2006 Page 2 The Mooresville Regional Office, telephone number(704) 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pursuant to 15A NCAC 2H .0140, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall he submitted to the address provided on the form. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of T15A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute I43-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. zael J. Myers tuber 6, 2006 age 3 If you have any questions or need additional information, please do not hesitate to contact Cecil G. Madden, Jr., P.E. at telephone number(919) 715-6203. Sincerely j 01! ,.4h, // Alan . Klimek, P.E. MM/cgm cc: J. Thurman Horne, P.E., Horizon Engineering &Consulting, Inc. Gaston Count Health De artment Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Michelle McKay, E.I. A to C File rth Carolina, Inc. ey Park WTP Well #2 to C No. 086142A02 Issued September 6, 2006 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to Oakley Park WTP Well #2 located on Freedom Mill Road in Catawba County for Aqua North Carolina, Inc., 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 tablet dechlorination system pursuant to the fast track application received on August 16, 2006, 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 substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Performance Annual Report I. General Information Facility/System Name: Oakley Park Responsible Entity: Heater Utilities, Inc. Person in Charge/Contact: Michael J. Myers Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. II. Performance Text Summary of System Performance for Calendar Year 2005: These facilities consistently met the discharge permit limits in 2005. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers were sent a letter regarding the availability of this report upon request and a notebook containing these reports is located in our Customer Service office. 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: 02/14/06 Responsib erso Title: Regional Manager, Engineering & Compliance Entity: Heater Utilities, Inc. 1,77 AQUA North Carolina Compliance&Engineering Department Aqua North Carolina T:919.467.8712 202 MacKenan Ct. F:919.466.1583 Cary,North Carolina 27511 ...,mmENi.. July 18, 2005 Regional Supervisor Rex Gleason NCDENR 610 East Center Avenue Mooresville, NC 28115 Aa"• RE: Declaration of Signature Authority • Dear Regional Supervisor Gleason, Find enclosed correspondence indicating that Michael Myers is able to sign permit applications, reports, and other agency correspondence. Should there be any questions, do not hesitate to call me at (919)467-7854 ext. 47 or Michael Myers ext. 706. INi -Lace r:?s Harvey Engin== and Compliance End. cc: Michael Myers, Engineering and Compliance Manager Neil IL Phillips [ ( President Aqua North Carolina/Heater Utilities Q • `CD `�A Aqua North Carolina T:919_467.6712 North Carolina.., .202 MacKenan Ct_ F:919.460.1788 Cam,North Carolina 27=11 email:nrphillips;naauaaanerica.co*n June 1, 2005 • Jessica Miles Public Water Supply Section Chief 1634 Mail Service Center Raleigh,North Carolina 27699-1634 Alan Klimek, P.E. Director Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 . RE: Delegation of Signature Authority To Whom It May Concern: on mybehalf allpermit a lications, I am writing this letter delegating authority to sign pp reports, and other agency correspondence to Michael J. Myers. I currently hold the position of President of Aqua North Carolina and Heater Utilities along with being a mice President of Aqua America and have the authority to delegate these activities to Mr. Myers. Mr. Myers currently holds the position of Engineering and Compliance Manager for Aqua North Carolina and Heater Utilities. This delegation of signature authority i;s • meant to fulfill the requirements of NCAC 2H .0106 (e),NCAC 2H.0206 (b)(1), and various permit conditions. . Thank you. Aqua North Carolina and Heater Utilities look forward to working with any questions, please do not hestiate to contact your agencies in the future. If you)Have either myself or Michael Myers using the contact information above. 7erely, ( ' . _ • • it R., hilli s President / Aqua North Carolina, Inc./Heater Utilities Cc: Bill Reid, Wake County Environtnental S• ervicenii David Goodrich,Division of Water ailty Kim Colson, Division of Water Qua:" Wayne Munden,Public Water SLIPPY . Michael Myers - : Blythe Clifford Robyn Thomas Q Michael F.Easley.Governor . e . William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources , W P.E.Director • f Water Quality iK June 22, 2005 MN23am Mr.Michael Myers Heater Utilities,Inc. PO Box 4889 MIErry R Cary,North Carolina 27519 Subject: Draft NPDES Permit Permit NC0086142 Oakley Park Subdivision WTP Gaston County Dear Mr.Myers: 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. Several significant changes have been made to the permit. Please see the attached document "Permitting Strategy for Greensand Filtration Water Treatment Plants"for more information. • A Total Residual Chlorine("TRC") limit has been added to the permit. Please see the attached TRC policy memo for details. This limit will take effect 18 months after the permit effective date. • Monitoring requirements have been added for Total Manganese, and pH. ■ The measurement frequency has been changed from quarterly for all parameters. If the parameter has a limit,the measurement frequency is twice per month. If the parameter does not have a limit, the measurement frequency is monthly. • Monitoring requirements have been deleted for Settable Solids and Turbidity. Submit any comments to me no later than thirty (30) 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 mid-August, with an effective date of September 1,2005. If you have any questions or comments concerning this draft permit, call me at (919) 733-5083, extension 361. Sincerely, • t Karen Rust Eastern NPDES Unit cc: NPDES Files Central Files oehCarolina NNaturally N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Phone: (919)733-7015 Customer Service Internet: http://h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 Fax: (919)733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Permit NC0086142 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Heater Utilities, Inc. is hereby authorized to discharge wastewater from a facility located at the Oakley Park Subdivision Wells 1 and 2 NCSR 1271 (Well # 1) NCSR 1236 at NCSR 1271 (Well #2) Gaston County to receiving waters designated as McGill Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective . This permit and authorization to discharge shall expire at midnight on August 31, 2010. Signed this day . DRAFT Alan W. Klimek, P. E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0086142 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. Heater Utilities, Inc., is hereby authorized to: 1. Continue to discharge filter-backwash wastewater from Iron/Manganese green sand filters (for well water-treatment). These discharges are from the Oakley Park Subdivision's Well # 1 (outfall 001) and Well #2 (outfall 002) southwest of Gastonia on NCSR 1271 and NCSR 1236 in Gaston County. 2. Discharge from said treatment works at the locations specified on the attached map into McGill Branch, classified C waters in the Catawba River Basin. •- ''- '----- 'NJ \ .', ( \A''((j/. ,Po''l'''177/e\----i\--_,/.771---\''(,' ".:NS17:-----`,..j2.- -.-_,.,--.:7„-,_j__.j\---,:„ • '' i`'e,, <C., C,, G,,,,,., „\ /��, �r 111111 ( `-. f , �\ f \i I —f pIPPPI "/i •i j \ill\\ //i/ 1 \J i is "� , -4 1 5 3 /g� t1 \A __ r �/•�� a�� 1 _1 , 11 \ fry /N*) 1 ,, �_}__t,S.�� J { �� `' ,,)\ \ _...,\\... ",--,-,. 2, ,,,,, 1 1 ,„‘_...., __.,- _ j:,....e____________,p\9 0) ::\ , ( 7;%i��(� �) t �r\�J� f °tf f i� :t /// I �-`i� \.� �� �C'" 1\ �.. �f / )�� \ _.� Ok.�I.\ I _„�J/1`'1 �. \V t�\R• rr1 `I' ,1/ \' ��- CIh_ 'r-S6z ,i�~ `" �__.-\. 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II d i • `N\ 1.--,•\ \ \ I\ (I Er).1.,.r.t ,/,,,,(_ (.7.. .j. . 7 >( \\;,•\(' i___.:\--\,_. _.,:,,,,._•i` ::.\:.----,_:„,,,_,'",\_\(\\\' 11\,\___t.44y,"7.(cq;,44„___,--, --' t;._„).\\ -\ ! _7_7" ?/,___.<3,,,,, . c.) ) ( \\_,, ____ _..\,7._ 's\\\.).7---,.._)(1. /� -f' -�,�% ,'._. � 11 r vi 1�1 ' �� i �l.l'< �^ ,=��i 1 /j _,1--_-,--)-.• C _11/ ice. ._ ( _j ) ---.A—Z < i•1r ' 1r / ), `.l,%i -I-> ff 5, l , (C:--- / ( --- l' ) \l'.' f:`,? k\/ •Nt- f"' �5- ',J-r T.\1 J' I n i i I �� �``\\ )/I ` ,/ / ri} �/ •ii .\ y �) ••A_6' /- �\� v 'li ; _. o, } `r �/ . y). k i `tom ( �� i( 1 �� , ,E1l �. I' t \` 1 n 1 ` � •1•, ` • 4 � (t L'i S\C`� l (,/. �j< rC. (----, ---) , ,1, ,,,\.,/,,--------, ,i i\___.)r.-.1) 7-- , (-,----\t, \ / /-7:s-----\::--- '4 1 t - / \ ) ;y • \\, ''.- -..:11,,,-__-- Latitude:35°12'32"(001) Facility ,, 35°11'50"(002) NC0086142 Longitude:81°16'02"(001) Location . - 81°15'40"(002) Heater Utilities, Inc. Quad Stream#�ass: Oakley Park Subdivision Subic,:30837 Wells 1 & 2 WTP SCALE 1 :24000 Receiving Steam:McGill Branch North Permit NC0086142 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from ontfalls 001 and 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS (Parameter Codes) Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency FIow1 Monthly Instantaneous Effluent (50050) Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent (00530) Total Residual Chlorine2 17 µg/L 2/Month Grab Effluent (50060) Total Manganese Monthly Grab Effluent (01055) Total Iron Monthly Grab Effluent (01045) pH3 2/Month Grab Effluent (00400) _ Footnotes: 1. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total flow. 2. The limit for total residual chlorine will take effect 18 months after the effective date of the final permit, only if chlorine is used. 3. The pH shall not be less than 6 standard units nor greater than 9 standard units. All samples should be collected from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. PI I 11119-C-: Michael F. Easley Governor y ©�''� William G. Ross,Jr.,Secretary rNCDENR North Carolina Department of Environment and Natural Resources QC: C Alan W. Klimek,P.E.,Director Division of Water Quality June 19, 2003 TO: NPDES Unit Staff FROM: David A. Goodrich NPDES Unit Supervisor SUBJECT: Total Residual Chlorine Policy for NPDES permits Every three years the State is required by the Clean Water Act to review its surface water quality standards and classifications,determine if changes are needed and to make any necessary changes. This review process is referred to as the "triennial review." Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface water quality standards during the summer of 2002. The Hearing Officer's recommendations were presented before the state's Environmental Management Commission on October 10,2002. The Hearing Officer's recommended changes included modifications to the existing standards for Arsenic,Cyanide, Methylene Blue Active Substances (MBAS) and Total Residual Chlorine (TRC). The Hearing Officer also recommended the addition of a standard for Methyl Tert-Butyl Ether(MTBE). All of the Hearing Officer's proposed changes were adopted with the exception of MTBE. The changes took effect on April 1,2003. This memo documents the changes to the NPDES permitting policy for TRC limits. Total Residual Chlorine (TRC) Previously,TRC had an Action Level Standard,except in designated Trout waters. The Triennial Review changes modified the TRC Action Level Standard to an Aquatic Life Standard of 17 µg/L. The Aquatic Life Standard will remain for designated Trout waters. Aquatic Life Standard—17 µg/L (freshwater only) Trout Waters— 17 µg/L Revised TRC Policy ➢ TRC limits will be assigned to permit renewals and all new permits issued after April 1,2003. > Facilities that do not use chlorine will not receive a TRC limit;however,the presence of a chlorine back-up system to augment UV or other disinfection requires a TRC limit. > Facilities discharging to streams with a 7Q10 <0.05 cfs (zero-flow streams)will receive a limit of 17 µg/L. > Limits will be capped at 28 µg/L to protect against acute impacts. It is likely that many facilities will need to add dechlorination(or use another means of disinfection) to comply with the new TRC standard. Therefore,a compliance schedule of 18 months from the effective date of the permit may be added to any TRC limit added during the current permit renewal. This time period is allowed in order for the facility to budget and design/construct the dechlorination and/or alternative disinfection system(s). The NPDES Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment. cc: Coleen Sullins Regional Office Supervisors (Dechlorination guidance attached) Shannon Langley pippi TING STRATEGY FOR GREENSAND FILTRATION WATER TREATMENT PLANTS January 2004 Applicability: The following permitting strategy applies to new and existing water treatment plants using greensand filtration to generate potable water from groundwater. This permitting strategy does not apply to any other kind of cationic exchange unit used in water treatment. If any portion of the water treatment process includes an ion exchange/water softener unit, then the RO-IE Permitting Strategy will apply as well. A sample effluent limits page is attached to this strategy for guidance purposes. Description of Technology: Typically,the greensand filtration unit is preceded by the use of an aeration tower along with potassium permanganate to oxidize dissolved iron in the ground water. The particulate ferric hydroxide(and some minor quantities of soluble ferrous material) is then removed via filtration through a manganese based "greensand" media. Greensand is a proprietary material that does not require sodium cycle regeneration,only backwash with finished (potable) water. Since the discharge from such a facility is not as saline as that from a sodium cycle cationic exchange unit,this may be considered a more environmentally- friendly technology for the treatment of groundwater. Filter backwash water is usually collected in a settling basin,and the supernatant is then discharged to surface waters or a regional treatment works. Typical chemical additives to such treatment systems are an anti-scalant(such as zinc orthophosphate),fluoride (to help prevent dental cavities),chlorine and potassium permanganate. Application Requirements for New Permittees: In addition to the appropriate NPDES application and fee, new Permittees should also include the following in the application package: • Description of the proposed water treatment system with a process schematic • Map of proposed discharge location, indicating precise latitude and longitude • Proposed flow rate for treated potable water and filter backwash water • List of proposed chemical additives • Chemical analyses of the source water(most notably, heavy metals and other parameters as described in"Assessment and Recommendations for Water Treatment Plant Permitting,"an amended version is provided in Table 1,below) • Description of proposed treatment for filter backwash • Residuals Management Plan • Engineering Alternatives Analysis Table 1. List of required source water analyses for new permits;8-12 samples should be analyzed for statistical significance. Parameters denoted with"*"are required by DEH's New Well Analyses. POLLUTANTS Conventional and Non Metals(Total Recoverable), Conventional Compounds Cyanide,Phenols and Hardness Alkalinity(as CaCO3)* Antimony* Ammonia(as N)* Arsenic* Chlorine(Fatal Residual,TRC)* Barium* Fluoride* Beryllium* Magnesium* Cadmium* Manganese* Calcium* pH* Chromium* Temperature Copper* Total Dissolved Solids* Iran* Total Kjeldahl Nitrogen(TKN) Mercury* - Total Suspended Solids(FSS)* Nickel* Nitrate Plus Nitrite Nitrogen* Selenium* Phosphorus(Tota9 Silver* Salinity Zinc* Turbidity* 1 If any of the above requirements are missing,the application package should be returned. Unlike other cation exchange systems, the filter backwash from these systems is not saline, so non-discharge options are considered potentially viable options for the Engineering Alternatives Analysis. The Residuals Management Plan should,at a minimum,describe the frequency with which solids will be removed from the settling basin and their ultimate disposal method. Permitting Requirements: Some permitting decisions may be made on a site-specific basis, but the following provides a list of required monitoring parameters: • Flow • Total Suspended Solids • pH • Iron • Manganese • Fluoride • Chlorine • Zinc Flow Flow should be monitored (as per Table 2). Intermittent dischargers should also report the duration of discharge. Total Suspended Solids Total Suspended Solids(TSS)is a parameter that, although a general indicator, ensures proper operation and maintenance are maintained. Specifically,TSS documents that the settling basin is properly designed and operated. Moreover, if the source water well screens are not well installed,the raw water will be more turbid than normal,which will in turn increase the TSS in the filter backwash. TSS will be limited at a monthly average value of 30.0 mg/L and a daily maximum value of 45.0 mg/L. pH Some of the chemicals used in water treatment can depress or raise pH, and as such,it should be monitored and limited. For discharges to fresh waters,pH will be limited in the range of 6-9 standard units. For salt waters, pH should be limited between 6.8 and 8.5 standard units. This is consistent with the permitting strategies for all other types of water treatment plants. Iron and Manganese Iron and manganese are considered the primary pollutants of concern for such discharges. Present in the groundwater and removed through filtration by the greensand media,iron and manganese are ultimately concentrated in the filter backwash. These parameters are monitored only; see Table 2,as no standards exist for either pollutant. Fluoride Since fluoride is an additive to finished water, which in turn is used for backwash water, it is considered a pollutant of concern. The permit writer should verify the proposed dosing rate for the system in order to determine the necessity of a limit for fluoride. Chlorine As with fluoride,chlorine is a chemical additive to finished water and is therefore a pollutant of concern. Since chlorine can have severe effects on instream toxicity, it must be limited, as with all other water treatment plants in the state. Chlorine limits should be between 17-28 µg/L, as per Division of Water Quality policy. 2 nc should be included as a monitoring parameter with a footnote stating, "Zinc shall be monitored if the permittee uses any zinc-based additive in the water treatment process." Since many water treatment facilities have traditionally used zinc orthophosphate as an anti-scalant,zinc can be a pollutant of concern depending on the selection of water treatment additives. Additional Parameters of Concern Additional parameters of concern, most notably metals,may be identified in the application package and source water data. Source water data should be entered into a Reasonable Potential Analysis(RPA)in order to assess the need for limits. Such determinations are to be made on a case-by-case basis. Monitoring Frequencies: Monitoring frequencies for the above listed parameters are summarized in Table 2. Since discharges from greensand filtration water treatment plants do not tend to be continuous,grab samples should be adequate to characterize the discharge. Table 2. Recommended Monitoring Frequencies for New and Existing Greensand Filtration Water Treatment Plants Facility Class Monitoring Frequency Conventional and Non- Conventional Parameters (except flow') Permitted Flow<0.5 MGD If limited 2/Month Not limited—Monthly Permitted Flow>0.5 MGD If limited-Weekly Not limited—2/Month Notes: 1. If discharge is continuous,then continuous a,coding monitoring is required.If discharge is intermittent,then instantaneous flow monitoring is required. For instantaneous flow monitoring,the duration of the discharge must be reported. 3 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter. Limits Monitoring Requirements Monthly Daily Measurement . Sample, : Sample Average.: Maximum Frequency Type : Location Flow' Monthly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Residual Chlorine2 17 µg/L 2/Month Grab Effluent Fluoride3 1800 µg/L 2/Month Grab Effluent Total Iron Monthly Grab Effluent Total Zinc4 Monthly Grab Effluent Total Manganese Monthly Grab Effluent pH5 2/Month Grab Effluent Footnotes: 1. For instantaneous flow monitoring,the duration of the discharge must be reported in addition to the total flow. 2. The TRC monitoring requirement applies only if the Permittee uses chlorine at the facility. 3. Fluoride should be monitored if the permittee fluoridates its finished water product. 4. Zinc shall be monitored if the Permittee uses any zinc-based additive in the water treatment process. 5. For discharges to fresh waters,pH will be limited in the range of 6-9 standard units. For salt waters,pH should be limited between 6.8 and 8.5 standard units The Permittee shall collect all samples from a representative discharge event. The Permittee shall discharge no floating solids or foam visible in other than trace amounts. 4 l � � l -1 ) l.� Performance Annual Report I. General Information Facility/System Name: Oakley Park Responsible Entity: Heater Utilities, Inc. Person in Charge/Contact: Jerry Tweed Applicable Permit (s): 0.1111111111. Description of Collection System or Treatment Process: These facilities discharge backwash water from iron removal filters at two community wells serving this water system. II. Performance Text Summary of System Performance for Calendar Year 2004 These facilities have consistently met the discharge permit limits. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers received a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in the appropriate Customer Service office. 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: 02/23/05 T : V. resident ity: Heater Utilities, Inc. A • .,61„ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director November 29, 2004 Jerry H.Tweed Heater Utilities, Inc. PO Drawer 4889 Cary, NC27519 Subject: Renewal Notice NPDES Permit NC0086142 Oakley Park WTP Gaston County Dear Permittee: Your NPDES permit expires on August 31, 2005. Federal(40 CFR 122.41)and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than March 4, 2005. Failure to request renewal by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2005,the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. ��ff�RF� Sincerely, A",r AW l Charles H.Weaver,Jr. NOV 3 C 2Q04 NPDES Unit cc: Central Files WA TE Mooresville Regional Office,Water QualitySectl ` NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarolina Phone: 919 733-5083,extension 511/FAX 919 733-0719/charles.weaver@ncmail.net An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer PaperNatural NPDES Permit NC0086142 Oakley Park WTP Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater. Industrial facilities classified as Primary Industries (see Appendices A D to Title 40 of the Code of Federal Regulations,Part 122) and ALL Municipal facilities with a permitted flow>_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater(cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver,Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 r> O� \N AT • Michael F.Easley, vemor \O� OG William G.Ross Jr.,Secretary Y North Carolina Department of Environment and Natural Resources _ ' —i Alan W.Klimek,P.E.Director 5Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality January 14, 2004 Mr. Jerry Tweed Heater Utilities, Inc. Post Office Drawer 4889 Cary,North Carolina 27519 Subject: Compliance Evaluation Inspection Oakley Park WTP NPDES Permit No. NC0086142 Gaston County,NC Dear Mr. Tweed: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 13, 2004 by Mr. Barry Love of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, Z✓Lw-, M, G 14.,w. -., D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department BL • • 0 NprthCarolina 5M QturQ«y Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,O.C.20480 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 IJ 2 U 3I NC0086142 111 121 04/01/13 117 18ICI 19 20I Remarks ��----�� IJ u 21IIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIIIIIIIIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 OA ------------Reserved---------- 67 I 1.0 169 70 14 I 71 I N I 72111 731 I 174 781 I I I I I I 180 Section 13: 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 04/01/13 01/11/01 Oakley Park WTP Sequoia Drive Exit Time/Date Permit Expiration Date Gastonia NC 28052 10:35 AM 04/01/13 05/08/3' Name(s)of Onsite Representative(s)mtles(s)/Phone and Fax Number(s) Other Facility Data Mike Dycus//704-489-9404/ • Name,Address of Responsible Official/Title/Phone and Fax Number Jerry H. Tweed,Post Office Drawer 4889 Cary NC 27519/Vice Contacted President/919-467-8712/9194601788 No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self-Monitoring Program Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Na (s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Barry F Love MRO WQ//704-663-1699/704-663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699/704-663-6040 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. PERMIT: The permit authorizes the continued discharge of filter-backwash wastewater from Iron/Manganese green sand filters(for well water-treatment). These discharges are from the Oakley Park Subdivision's Well#1 (outfall 001)and Well#2(outfall 002). The permit for this facility became effective on November 1,2001 and will expire on August 31, 2005. RECORDS AND REPORTS: Records and reports consisting of discharge monitoring reports,chain of custody forms,lab analysis reports,calibration logs,and Operator-in-Responsible Charge/maintenance log were reviewed at the time of the inspection. The records were organized and well maintained. FACILITY SITE REVIEW/OPERATIONS&MAINTENANCE: Both filter systems seemed to be operating properly,and the surrounding grounds were well maintained. LABORATORY: Water Tech Laboratories,Inc.(Certification#50)in Granite Falls,North Carolina provides analytical support. The lab was not evaluated during this inspection. The TRC meter appeared to be properly calibrated. EFFLUENT/RECEIVING WATERS: Outfall 001 was not discharging at the time of the inspection. Effluent from outfall 002 was clear with no solids or foam. Both outfalls are permitted to discharge to McGill Creek,which is a Class C water in the Catawba River Basin. The receiving stream was not evaluated at the time of the inspection. SELF-MONITORING PROGRAM: Self-monitoring reports were reviewed for the period December 2002 through September 2003. All monitoring frequencies were correct,and no limit violations were reported. FLOW MEASUREMENT: Flow is measured by multiplying the gallons per backwash by the number of timed backwashes. OF W ATc Michae .Easley ✓ O pG Governor William G.Ross,Jr..Secretary North Carolina Department of Environment and Natural Resources D -. Alan W.Klimek,Director Division of Water Quality September 9, 2002 Mr. Jerry Tweed Heater Utilities, Inc. P.O. Drawer 4889 Cary,North Carolina 27519 Subject: Compliance Evaluation Inspection Oakley Park Subdivision WTP NPDES Permit No. NC0086142 Gaston County,N.C. Dear Mr. Tweed: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 4, 2002, by Mr. Wes Bell of this Office. Please inform the facility's Operators-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning the report,please do not hesitate to contact Mr. Bell or me at(704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department WB iecibirt 1 Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1 800 623-7748 FAX (704) 663-6040 jos0m• US Environmental Protection Agency, Washington,D.C.,20460 AwictrA Form Approved. "a Water Compliance Inspection Report 1 OMB No.2040-0057 • Approval Expires 8-31-98 NC Division of Water Quality/Mooresville Regional Office NCDENR Section A:National Data System Coding Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type N 5 NC0086142 02/09/04 C S 2 Remarks: Inspection Work Days Facility Evaluation Rating BI QA Reserved 1.5 4 N N Section B:Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Heater Utilities,Inc.,Oakley Park Sub. Wells#1 and#2 11125 am 01/11/01 NCSR 1271 (Well#1) NCSR 1236 @ NCSR 1271 (Well#2) Exit Time/Date: Permit Expiration Date: Gaston County,North Carolina 11:36 am 05/08/31 02/09/04 Name(s)of On-Site Representative(s)/Title(s)/Phone No(s)/Fax No(s): Mr.Mike Dycus/ORC-Heater Utilities/704-489-9401 Mr.Dennis Francum/Gaston County Service Manager/704-489-9401 Ext.243 Name and Address of Responsible Official: Title:Vice President Mr.Jerry Tweed Heater Utilities,Inc. P.O.Drawer 4889 Phone No: Contacted? Cary,North Carolina 27519 919-467-7854 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) X Permit X Flow Measurement X Operations&Maintenance Sewer Overflow X Records/Reports X Self-Monitoring Program Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: Section D:Summary ofFindings/Comments See Attached Sheet(s) for Summary. Name(s)and Signature(s)of Inspectors: Agency/Office/Telephone No: Date: Wes Bell nj NCDWQ/MOORESVILLE/(704)663-1699 9/9/02 Date: Signature of Management QA Reviewer: Agency/Office/Phone&Fax No: Date: EPA Form 3560-3(Rev.9-94)Previous editions are obsolete Heater Utilities-Oakley Park WTP Page Two The facility was last inspected by Wes Bell of this office on November 19, 1998. PERMIT: The permit authorizes the continued discharge of filter backwash wastewater from a Iron/Manganese green sand filters(for well water-treatment). These discharges are from the Oakley Park Subdivision's well #1 (outfall 001) and well#2 (outfall 002). The permit for this facility became effective on 11/1/01 and expires on 8/31/05. A permit modification was issued on 10/31/01 regarding a correction in units (mg/1 to ml/L) for effluent settleable solids. The expiration date remained unchanged. RECORDS AND REPORTS: Records and reports consisting of Operator-in-Responsible Charge (ORC)/daily operation log,maintenance log,and calibration data were reviewed at the time of the inspection. The records were in-depth and well maintained. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: Both filter systems appeared to be operating properly and the surrounding grounds were well maintained. LABORATORY: Water Tech Labs, Inc. (Certification #50) in Granite Falls, N.C. has been contracted to provide analytical support. The laboratory was not evaluated during this inspection. The TRC meter appeared to be properly calibrated. EFFLUENT/RECEIVING WATERS: Both outfalls(001 and 002)were not discharging at the time of the inspection. Both outfalls are permitted to discharge into McGill Creek,which is a Class C water in the Catawba River Basin. The receiving stream was not evaluated at the time of the inspection. Both outfalls were accessible at the time of the inspection. SELF-MONITORING PROGRAM: Self-monitoring reports were reviewed for the period June 2001 through March 2002. The permit requires quarterly monitoring.No limit violations were reported. All monitoring frequencies were correct. The noncompliance box (for outfall 001)was not checked for June 2001. Please be advised that the noncompliance box must be checked if any violations (including daily maximum, weekly average, and/or monthly average) are reported along with an explanation of the corrective actions (if any). The ORC and permittee must ensure that all DMRs are accurate and complete before submittal to the Division. Heater Utilities -Oakley Park WTP Page Three SELF-MONITORING PROGRAM cont'd: On numerous occasions, values as low as 0.03 mg/1 (30 4g/1) were being reported on the DMR for TRC. The lowest standard performed for the annual curve was 100 µg/l; therefore, < 100 /cg/1 should have been reported. The collection and analysis times for the TRC samples appeared to be within the required holding times. FLOW MEASUREMENT: Flow is measured by multiplying the number of timed backwashes by the specified flow rate. (((' gEOd MAN -4 krrormance Annual Report ? ACE BRANCH `I. General Information Facility/System Name: Oakley Park Responsible Entity: Heater Utilities, Inc. . ......... .. Person in Charge/Contact: Jerry Tweed Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: This facility discharges backwash water from iron removal filters serving this community water system. II. Performance Text Summary of System Performance for Calendar Year 2001 This facility has consistently met the discharge permit limits_ List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant ,�+,1, - I r� 1 :FICE February Compliant March Compliant t April Compliant May Compliant June Compliant July Compliant 'August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers received a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in the appropriate Customer Service office. 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. 2/26�02-- R onsi e Person Date tle: Vice President Entity: Heater Utilities, Inc. v ____________ , _ rii, E [1 T j, H II al MAR ..4 200? Oce Annual Re orb N NT 0 ,, p e D7.7 .rr, ., ,:1 PT". I. General Information Facility/System Name: Oakley Park DEC 1 2002 Responsible Entity: Heater Utilities. Inc. ........ .._. .. . Person in Charge/Contact: Jerry Tweed Applicable Permit (s): NC0086142 Description of Collection System or Treatment Process: This facility discharges backwash water from iron removal filters serving this community water system. II. Performance Text Summary of System Performance for Calendar Year 2001 This facility has consistently met the discharge permit limits. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant III. Notification Our customers received a message on their bills regarding the availability of this report upon request and a notebook containing these reports is located in the appropriate Customer Service office. 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. 2/2.01_ R onsKe Person Date tle: Vice President Entity: Heater Utilities, Inc. Michael F. Easley OF WATE,9 �w Governor 0 � T r NCDENR Willis G. Ross,Jr., Secretary'++ North Carolina Department of Environme rces > h.4 T Di fpnA.f.,W kati8 r1C1? February 28,2001 MAR 1 3 2001 JERKY H.TWEED • Heater Utilities,Inc. P.O.Box 4889 Cary,NC 27519 tT .P1jtA Subject: Renewal Notice t % :41C!iT Se• NPDES Permit NC0086142 1 i OAKLEY PARK WTP Gaston County Dear Permittee: The subject permit expires on September 30,2001. North Carolina Administrative Code(15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than April 5,2001. Failure to request renewal of the permit by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30,2001 (or if continuation of the permit is desired),the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact Bob Sledge of the Division's Compliance Enforcement Unit at(919)733-5083,extension 547. You may also contact the Mooresville Regional Office at(704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions,please contact me. My telephone number,fax number and e-mail address are listed at the bottom of this page. Sincerely, fa Sielo Valery Stephens Point Source Branch cc: Central Files NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail:valery.stephens@ncmail.net NPDES Permit NC0086142 Heater Utilities, Inc. Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: U Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of April 5, 2001, submit the application package without the PPA. Submit the PPA as soon as possible after April 5, 2001. The above requirement does NOT apply to municipal or non-industrial facilities. Trrrt'L'Ltt.rTTt PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. 't'r.r Lr r'rT'r,rL'rt Send the completed renewal package to: Ms. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617