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HomeMy WebLinkAboutNC0067954_Regional Office Physical File Scan Up To 12/9/2020Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 3, 2005 Mr. Jamie Carroll President Carolina Mountain Water, LLC PO Box 4005 Marrietta, GA 30061 Subject:. NPDES Permit Modification -Name and/or Ownership Change Permit NCO067954 Carolina Mountain Water, LLC Formerly: Carolina Mountain Water Bottling Plant Jackson County Dear Mr. Carroll: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on August 2, 2005. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 520. o Sincerely, /Al an W. Klimek, P.E. cc: Central Files 's "evillcyReglbnal°d ce; Water;Qu' 'ty Sectt"one � y , NPDES Unit File NorthCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 21604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper Permit NCO067954 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCEIAIZGE 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, the Carolina Mountain Water, LLC is hereby authorized to discharge wastewater from a facility located at the Carolina Mountain Water LLC 976 Rice Road, off NC Highway 107 Cashiers Jackson County to receiving waters designated as an unnamed tributary to Whitewater River in the Savannah 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 August 8, 2005. This permit and authorization to discharge shall expire at midnight on August 31, 2007. Signed this day August 8, 2005. %I-- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 9 t Permit NCO067954 SUPPLEMENT TO PERMIT COVER SHEET The Carolina Mountain Water, LLC is hereby authorized to: 1. Continue to operate an existing, 0.006 MGD wastewater treatment system with the following components: ♦ Settling tank for rinse water from a bottle washing operation The facility is located south of Cashiers at the Carolina Mountain Water,'LLC at 976 Rice Road, off NC Highway 107 in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Whitewater.River, classified C-Trout waters in the Savannah River Basin. G Permit NCO067954 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EI=fFL'UENT' z ,fa - E ' '` E LIMITS � E MONITORING REQUIREMENTS CHARACTERISTICS x Monthly Weekly Daily Measurement Sample Type Sample Locations x.►v"era e Aye>aa`e s Maximum. E Frequency: h: .. , 4 _ Flow 0.006 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 10.0 mg/L 15.0 mg/L 2/1VIonth Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent MBAS 6.75 mg/L 2/Month Grab Effluent Temperature2 Weekly Grab Upstream & Downstream Temperature2 Daily Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent pH4 2/Month Grab Effluent Footnotes: 1. Upstream = 50 feet from discharge point; Downstream = 50 feet from discharge point. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of mor than 0.50C and in no case cause the ambient water temperature to exceed 200C. 3. See special condition A.(4.). Chronic Toxicity (Ceriodaphnia) P/F at 11%: March, June, September and December. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO067954 A. (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum, - quarter lu monitoring using test procedures outlined • in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits: NOTE: Failure to achieve test conditions as specified in the cited document such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. T� L 'Ve jV0, gun 0i es Cb iif -qu :Head 'Y Mtn.`. 3428 "e— . . . . . . . . . . Sze.. 34 7 �w U BM N -4 C tkey Gap G 303 ,mliGrove ic Latitude: 35'03'03" Stream Class: C-Trout Longitude: 83004'42" Subbasin: 031302 Quad # G6SE Receiving Stream: UT to VvThitewater River Facility 40 Location NC0067954-Carolina Mtn. Water Bottling Plant Transylvania County State of North Carolina Department of Environment • 0 and Natural Resources f Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENK Alan W. Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL:, RESOURCES September 13, .2002 Mr. Chris Ferree Mountain Valley Spring Company P.O. Box 1610, Hot Springs, Arkansas 71902 Subject: Issuance of NPDES Permit NC0067954 Carolina Mountain Water Bottling Plant Jackson County Dear Mr. Ferree: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of.North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May, 9, 1994 (or as subsequently amended). J ; If any parts, measurement frequencies, or sampling ,requirements contained in this permit are unacceptable to you, you have the right to an adjudicatoryhearing upon written request within thirty (30) days following receipt of this letter: This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit tthat may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. By OR SUSAN A. VALS®N Alan W. Klimek, P.E. cc. Central Files { ern +1 Regional G fice ,Writer Quah yt Seefion NPDES ,Unit — --= I: uY/fI4_) if''FQiir 6 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISrr US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES `000J/ ' . , '//Iiii �� '' ' /�/ • 1<�� ti� /% ��..� :. _ � - � •,. \r ,, `°�j� /,!� %•` ram. '•,i /�.� _• _^ c pin �I 0%n .•; ; 'o ✓ '— ji• •• � � �� _ � .�/�� Imo, / ' : � �. ..�. • � :. / ter' j v ``� .:�.� .t' � .• s •- '•�•� • /. r . %- I%% ��' oid 'des,`\ .Mtn s;�+3462 Heady Mtn " ice: _ : •� '� ` _ utkey BM N _ i ' • Op {p�iGTOC L r �-,� ' .^'•' . lj�l. • l' f.-. \�� _vi i tom. �• Latitude: 35°03'03" Stream Class: C-Trout Longitude: 83004'42 'Subbasin: 031302 Quad # G6SE Receiving Stream: Ur to Whitewater River Facility Location NC0067954-Carolina Mtn. Water Bottling Plant Transylvania County Permit NCO067954 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL During the period beginning on the effective date of this permit and lasting until expiration,. the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS . LIMITS: ;. :. ' - MONITORING REQUIREMENTS Monthly: Average. Weekly Average Daily. Maximum, Measurement Frequency Sample Type Sample Location. Flow 0.006 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent MBAS 6.75 mg/L 2/Month Grab Effluent Temperature2 Weekly Grab Upstream & Downstream Temperature2 Daily Grab Effluent Chronic Toxicity3 Quarterly Composite Effluent pHa 2/Month Grab Effluent Footnotes: 1. Upstream = 50 feet from discharge point; Downstream = 50 feet from discharge point. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of mor than 0.50C and in no case cause the ambient water temperature to exceed 2011C. 3. See special condition A.(4.). Chronic Toxicity (Ceriodaphnia) P/F at 11%: March, June, September and December. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO067954 A. (2). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum, quarter itJ monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. J The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, - the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No -- .-- Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be - required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit - may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document; such as minimum control organism survival, minimum control organism reproduction, and 'appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PART I (Continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. 0 Part II . Page 5of11 8.... Duty to Provide Information The perruttee shall fin-nish to the Permit Issuing Authority, within. a reasonable `time; any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also fiunish to the Permit Issuing Authority upon request, copies of records required to be kept by this 'permit. 9. Duty to Real2pl : If the permittee wishes to continue an activity regulated by this permit after the expiration date of ibis perimit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after "the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the pei:mittee shall submit such information, forms, and fees as 'are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration,' or any permittee that does not have a permit after the expiration and has not- requested renewal at least 180 days prior to expiration, will subject, the permittee to enforcement procedures as provided.in NCGS 143-215.6 and 33-USC 1251 et. seq. - 11. Si_gnato�Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. . All permit applications shall be signed as follows: . (1) For a corporation: by a responsible 'corporate officer. For the purpose of this Sectioh,' a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making fiumctions for "the corporation, or.,(b) the. manager of one or more manufacturing production or operating facilities employing more 'than 250 ,persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures: (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;'or (3) For a municipality, State, Federal, or other -public agency: by- either a principal executive :officer or ranking elected official. b: All reports required by the permit and other -information requested by the Permit Issuing Authority shall be Signed by a person described above or by a, duly authorized representative of that person. A person is'a duly authorized representative only if q) A person described above makes the authorization in writing; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent 'responsibility, . or an individual or position having overall responsibility for environmental matters for the company. (A' duly authorized representative may -thus be either a named individual or any individual occupying a named position.); and- (3) The written authorization is submitted to the Permit Issuing Authority. - I c. Certification. Any person signing a document under paragraphs a. -.or 'b. of this" section shall -make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under rimy direction or supervision in accordance with a system ' designed 'to assure that qualified personnel properly gather and evaluate the information submitted. Based, on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." s Part II Page 6of11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination Systern Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 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, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G.0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission, which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems installed by a pernittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bussing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) Bypass from the collection system is prohibited. The Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3). The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. U sets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (2) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The pennittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, -as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturers pump curves shall not be subject to this requirement. Part II - 4. Test Procedures Page 9of11 Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by flus permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 10of11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terns and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The pern-jittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the pennittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of thus monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the pem ittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part II Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Other Noncompliance The pernittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. Tlie reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification 1 The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five (5) times the maximum -concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor May 23, 2006 James H. Carroll Carolina Mountain Water P.O. Box 4005 Marietta, GA 30066 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Rescission of NPDES Permit NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Carroll: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO067954 is rescinded, effective immediately. If in the future your school system wishes to discharge wastewater to the State's surface waters, you must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, -,r an Wi'limek 2 cc: Central Files Asheville Reg�onat=Office-/ Roger_EcLwzrds NPDES Permit file Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: h2o.enr.state.nc.us Phone: 919-733-5083, extension 511 / FAX 919 733-0719 charles.weaver(a)ncmail.net D MAY 2 4 2006 I. WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NorthCarohna AMWAY An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 197,1 ..... . .... . .__. �. _ �. _. ,��___ � _� _� _ �_ �� _.- �..._.��__�.--tea ,...�.c _._ WATE9 Michael F. Easley, Governor f 0 William G. Ross Jr., Secretary \O� QG North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P.E. Director >_ Division of Water Quality October 12, 2006 Jamie Carroll, President �� I Carolina Mountain Water, LLCrp� I OCT 1 3 2006 P.O. Box 4005 . Marietta, GA 30061 WATER -QUALITY EjECTION ASHEVILLE REGIONAL OFFIOE --SUBJECT: Payment Acknowledgment Civil Penalty Assessment Carolina Mountain WTP Permit Number: NCO067954 Case Number: LR-2006-0015 Jackson County Dear Mr. Carroll: This letter is to acknowledge receipt of check number 5738 in the amount of $100.00 received from you dated October 6, 2006. 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 Bob Guerra at 919-733-5083 Ext. 539. Sincerely, Carolyn Bryant , J cc: Enforcement File #: LR-2006-0015 DW s , As eevffle Regional ® ce Supery sore x Central Files 1VoAhCarolina Aatura!!y 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 ! Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Jamie Carroll, President Carolina Mountain Water, LLC P.O. Box 4005 Marrietta, Georgia 30061 Subject: Remission Request of Civil Penalty Assessment Carolina Mountain Water, LLC NPDES Permit NC-0067954 Jackson County Case Number LV-2006-0015 Dear Mr. Carroll: Alan W. Klimek, P.E. Director Division of Water Quality This letter is to acknowledge the receipt and of your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any question or I can be of further assistance about this matter, please contact me at (919) 733-5083, extension 539. Sincerely, t� Robert Guerra, Western Region NPDES Point Source Branch Cc: Asheville Regional Office Enforcement file w/originals Central Files NAoe Carolina U41911Y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: 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— 50% Recycled/10% Post Consumer Paper April 26, 2006 CERTIFIED MAIL 70031010000046202192 RETURN RECEIPT REQUESTED Mr. Jamie Carroll, President Carolina Mountain Water, LLC P.O. Box 4005 Marrietta, Georgia 30061 Dear Mr. Carroll: Michael F. Easley, Governor William G. Ross Jr., Secretary orth-Carolina-Department of Environment and Natural Resources ILA L; Alan W.Wimek, P.E. Director r� Division of Water Quality APR 2 8 2006 warE9 Quaun ; ss F 3F;-i,-1LLE REG101A1 Subject: NOTICE OF VIOLATION NOV-2006-LR-0033 & N OV-2006-LR-0034 Carolina Mountain Water, LLC NPDES Permit NCO067954 Jackson County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for January 2006 and February 2006. These are violations of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 213 .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator .to the assessment of a civil penalty of -up to $25,000 per violation. You will be considered noncompliant with the self monitoring requirements of your NPDES permit until the report has been submitted. Please submit said report to Robert Guerra at the address shown below, within fifteen (15) days of receipt of this notice. : The Division must take.these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact Robert Guerra at 919-733-5083, extension 539. Sincerely, r � 'A" Bob Guerra Western Region NPDES Unit cc: �DQAshertille�urfaceWat�r�PaotectonSupervisor Central Files Noe Carolina �tura!!r� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper January 31, 2006 CERTIFIED MAIL 7&�2 /�D —dDG' �$'�� /—' /�f ✓AF' RETURN RECEIPT REQUESTED Mr. Jack W. Herring Carolina Mountain Water, LLC P.O. Box 368 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Herring: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, Y.E., Director Division -of Water Quality FEB - 2 2006 ! '� WATER ,L)AL!T11 `'-0Ticnl This is to inform you that the Environmental Sciences Section has not -received your toxicity self - monitoring report form for the month of November 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for November 2005 does not indicate that a chronic toxicity test was conducted. We are aware that the plant is closed, and that the last day of production was November 18, 2005; however, a chronic toxicity test was required in November to compensate for not reporting toxicity for the previous reporting month (October 2005). Until your permit is rescinded, your NPDES permit requires you to submit an Aquatic Toxicitv Self -Monitoring Form to this office during a month in which toxicity testing is required, regardless of whether a discharge occurs from the facility. The form should be labeled "NO FLOW" and all information at the top of the report form must be completed. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of November 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period. Please note that late/non-reporting of toxicity self monitoring data subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, t verton Chief, Environmental Sciences Section cc: Roger Edwards- Asheville Regional Office wKe tlnHayne ysEe-V—ille`IRTgfonai30,ffice Aquatic Toxicology Unit Files Central Files NoOehCarolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: www. esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper WHOLE EFFI -___ 1T TOXICITY MONITORING AND REPORTIN— — -FORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity - testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top, of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. OTC, W A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 31, 2006 CERTIFIED MAIL 74� RETURN RECEIPT REQUESTED Mr. Jack W. Herring Carolina Mountain Water, LLC P.O. Box 368 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Herring: Alan W. Klimek, P.E., Director Division of Water Quality D F E B- 2 2006 i WATER QUALITY SECTION ASI-'E\ ILLE REGIONAL OFFICE This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of November 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that."monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for November 2005 does not indicate that a chronic toxicity test was conducted. We are aware that the plant is closed, and that the last day of production was November 18, 2005; however, a chronic toxicity test Was required in November to compensate for not reporting toxicity for the previous reporting month (October 2005). Until your permit is rescinded, your NPDES permit requires you to submit an Aquatic Toxicitv Self-Monitorine Form to this office durine a month in which toxicitv testine is required, regardless of whether a discharge occurs from the facility. The form should be labeled "NO FLOW" and all information at the top of the report form must be completed. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of November 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period. Please note that late/non-reporting of toxicity self monitoring data subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, verton Chief, Environmental Sciences Section cc: oge Edwards--Ashevvillq,- gional�Officee etth Haynes- Asheville Regional`Office --* Aquatic Toxicology Unit Files Central Files Nor hCarolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: www. esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 . FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information'. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity - testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top, of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. November 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jack W. Herring Carolina Mountain Water, LLC P.O. Box 368 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Herring: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality 1 NOV 3 0 2005 WATER QUALITY SECTION ASHE�lLLE �,EGiON%,L O= FICE .H This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of September 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for September 2005 does not indicate that a chronic toxicity test was conducted. Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test results must be entered on your Discharge Monitoring Report and the Aquatic Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of September 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period. Additional reporting and/or monitoring violations within a twelve (12) month period subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, J, on Chief, Environmental Sciences Section cc: 8, ,Fzlwamds�A she�ai%le�IegiLpAxl_lpOffice Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files Central Files NorlhCarolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Internet: esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Phone (919) 733-9960 Customer Service FAX (919) 733-9959 1-877-623-6748 WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity - testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT' form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective, July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the pemuttee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the forth and submit. following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. 1 January 3, 2006 CERTIFIED MAIL %oa-��lO- ooO�-galO�a RETURN RECEIPT REQUESTED Mr. Jack W. Herring Carolina Mountain Water, LLC P.O. Box 368 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Herring: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality JAN - 4 2006 WATER QUALITY SECTION ASH'_ViLLE R17CICNIAL OFFICE This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of October 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 213, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for October 2005 does not indicate that a chronic toxicity test was conducted. We are aware that the plant is closed, and that the last day of production was November 18, 2005; however, a chronic toxicity test was required in October to compensate for not reporting toxicity for the previous reporting month (September 2005). Until your permit is rescinded, your NPDES permit requires you to submit an Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testingis s required, regardless of whether a discharge occurs from the facility. The form should be labeled "NO FLOW" and all information at the top of the report form must be completed. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of October 2005 until you make acceptable demonstration to the Environmental Sciences Section that the .report form was submitted to this office within the required 30 day reporting period. Please note that late/non-rgportin of f toxicity self monitoring data subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, Tverton Chief, Environmental Sciences Section cc: Roger Edwards- Asheville Regional Office ei, h#FffYTM"Mh ffice Aquatic Toxicology Unit Files Central Files NNoe hCarolina aturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity - testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting ep riod (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. �0, SAT FAO O G co r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment, and Natural Resources Alan W. Klimek,, P.E. Director Division of Water Quality May 8, 2006 a �/ CERTIFIED MAIL 70031010 0000 4620 2215 RETURN RECEIPT REQUESTED Mr. Jamie Carroll, President Carolina Mountain Water, LLC P.O. Box 4005 Marrietta, Georgia 30061 EVE {MAY 9 2006 I I �� S_.. ; i"?i 1 i Subject: Assessment of Civil Penalty for Violations of Reporting Requirements NPDES Permit NCO067954 Carolina Mountain Water, LLC Case Number LR-2006-0015 Jackson County Dear Mr. Carroll: This letter transmits notice. of a civil penalty assessed against Carolina Mountain Water, LLC in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: the December 2005 and January 2006 discharge monitoring reports were not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation was sent to you dated February 22, 2006 for failure to submit the December 2005 discharge* monitoring reports. You received this Notice on March 22, 2006. Within said Notice, you were informed that future reports not received Within the required timeframe would result in a recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that Carolina Mountain Water, LLC violated or failed to act in accordance with the requirements of NPDES Permit NCO083887 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil,penalty assessment against Coldwater Farms, Inc.: $ $500.00 for failing to. submit the January 2006'Discharge Monitoring Report as required by NPDES Permit NCO083887 and G.S. 143-215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE NorihCarolina Ivaturally North Carolina Division of Water Quality 1617 Mail Service Center 'Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: .vmy.ncwa=ualitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Pursuant to G.S. 143-215.6A(c), in determining the amount of the, penalty, I have taken into account the Findings of Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 14313-282.1(b), which are (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and . (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Ml 2. . Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the - amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will, review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider informationthat was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you'must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to 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 days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this' assessment. If you have any questiops concerning this matter, please contact Mr. Bob Guerra at (919) 733-5083, extension 539. Sincerely, ` Susan A. Wilson, P.E., Supervisor Western NPDES Program Attachments cc: ARO Surface Water Protection Wattachments Enforcement File Wattachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACK -SON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN ,OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND. CAROLINA MOUNTAIN WATER, LLC ) STIPULATION OF FACTS NPDES PERMIT NCO067954 FILE NO. LR-2006-0015 Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the assessment document .of the Division of Water Quality dated May 5, 2006, 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 200_. BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2006-0015 County: Jackson Assessed Party: Carolina Mountain Water, LLC Permit Number: NCO067954 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty, You must also complete the "RWuest For Remission. Waiver ofR ht to an Administrative Hearing and Stipulation o� 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: LA Michael-F. Easley, Governor t7 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 22, 2006 CERTIFIED MAIL 70031010000046202154 RETURN RECEIPT REQUESTED Jamie Carroll Carolina Mountain Water LLC 976 Rice Road Cashiers, NC 28717 Dear Mr(s), Carroll: Alan W. Klimek, P.E. Director Division of. Water Quality �D�r�Dl FEB 2 4 2006 � WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: NOTICE OF VIOLATION N OV-2006-LR-0017 Carolina Mountain Water - WTP NPDES Permit NCO067954 Jackson County This is to inform you that the Division of Water Quality has not received your monthly monitoring report for December 2005. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be. considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted. To prevent further action, please submit said report to Bob Guerra at the address shown below, within fifteen (15) days of receipt of this notice. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, ,621 Bob Guerra Western Region NPDES Unit cc: �l]1711 * he±✓lle Su`rFacWaterLProtectton�ap'v�so Central Files Noe Carolina Aitrra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: ww%v.newaterqualitv.org Location: 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 O�QF W ALllz Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Y Alan W. Klimek, P.E., Director Division of Water Quality January 3, 2006 CERTIFIED MAIL 700a--A441a- QODG-golO-o�os RETURN RECEIPT REQUESTED Mr. Jack W. Herring Carolina Mountain Water, LLC P.O. Box 368 Cashiers, North Carolina 28717 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water WTP Jackson County Dear Mr. Herring: D E- I� JAN - 4 2006 f WATER QUALITY SE TiON This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of October 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for October 2005 does not indicate that a chronic toxicity test was conducted. We are aware that the plant is closed, and that the last day of production was November 18, 2005; however, a chronic toxicity test was required in October to compensate for not reporting toxicity for the previous reporting month (September 2005). Until your permit is rescinded, your NPDES permit requires you to submit an Aquatic Toxicitv Self-Monitorine Form to this office during a month in which toxicity testing is required, regardless of whether a discharge occurs from the facility. The form should be labeled "NO FLOW" and all information at the top of the report form must be completed. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of October 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period. Please note that late/non-reporting of toxicity self monitoring data subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, Tveon Chief, Environmental Sciences Section cc: r7Edshe, ,uii e' , Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files one Central Files No Carolina atura!!y North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reportine requirements contained in your NPDES permit. If you should have any questions about your toxicity - testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reportin period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. - OF TF 1 n: s f- R.=. Q _ M hael .Easley Gvyemor Will mGHRoss Jr.,eere%ry y North Caro—,_ . epartme t oF.,nwronrn t ari Naparal oucces �A1auX�Mirnekj?-& Direet'dr -- O -� Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION October 21, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013552 8176 Mr. Chris Ferree Mountrain Valley Spring Company Post Office Box 1610 Hot Springs, Arkansas 71902 Subject:, NOTICE OF VIOLATION NOV-2005-MV-0056 Permit No. NC0067954 Carolina Mountain Bottling Plant Jackson County Dear Mr. Ferree: A review of Carolina Mountain WTP's monitoring report for August 2005 showed the following violations: Parameter Date Measuring Violation Frequency Temperature, Water Deg. 08/20/2005 5 X week Failure to monitor Centigrade Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law.. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Mr. Larry Frost at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files NPDES Permitting and Compliance 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-6 one 23 6748 NorthCarolina �7 -1--'- -..I.. k State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph D., Acting Director May 3, 2002 Mr. Ronald Cheek Mountain Valley Spring Company 283 Mountain Valley Water Place Hot Springs, Arkansas 71909 Subject: Dear Mr. Cheek: 7 1 • • 01*ft0"% Aglow NCDEN'R NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RES_O_U.RCES NPDES Permi Permit NCO067954 Highlands Camp W Conference Center Jackson County The NPDES Unit received your permit renewal application on April 17, 2002. Thank you for submitting this package. The permit renewal for this facility has been assigned to Christie Jackson. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NCO067954 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Christie Jackson at .(919) 733- 5083, extension 538. Sincerely, Valery Stephens Point Source Unit cc: Asheville Regional Office, Water Quality Section 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 Valery.Stephens@ncmail.net TM SPRING WATER h�` A S PRE �Illountain Valley" spring: kATEV April 12, 2002 APR 17 4,Vp2 .� Mrs. Valery Stephens DENR ANAT Qlt LtTY NC/DENR/Water Quality POINT SOURCE BRANChI� 1617 Mail Service Center Raleigh, NC. 27699-1617 Re: Carolina Mountain Water NPDES Permit Number NCO067954 Dear Mrs. Stephens: Enclosed is copy of letter request for renewal of Carolina Mountain Water NPDES Permit Number NC0067954. The original copy of application was mailed [ in error ] without copies, April 12, 2002 under separate cover. As required for all renewal packages, enclosed is two copies of cover letter and two copies of application. Please advise if your -need additional information. ctfully, {-.A Ronald Cheek, Administrator MOUNTAIN VALLEY SPRING COMPANY 150 CENTRAL AVENUE P.O. BOX 1610 HOT SPRINGS NATIONAL PARK, ARKANSAS 71902 TEL: (501) 623-6671 FAX: (501) 623-5135 NPDES :RMIT APPLICATION - SHOR FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 North Carolina NPDES Permit Number NC00 67954 Please print or type 1. _ Applicant and facility producing discharge A. Name: CAROLINA MOUNTAIN WATER [MOUNTAIN VALLEY SPRING COMPANY]_ B. Mailing address of applicant: Street address: 283 MOUNTAIN VALLEY WATER PLACE City : HOT SPRINGS County : GARLAND State : ARKANSAS Zip Code : 71909 Telephone Number ( 501 ) 624-1635 Fax Number ( 501 ) 624-4407 e-mail address rcheek(Dmountainvallevspring com C. Location of facility: CAROLINA MOUNTAIN BOTTLING PLANT Street: 976 RICE ROAD City: CASHIERS County: JACKSON State: NORTH CAROLINA Zip Code: 28717, Telephone Number ( 828 ) 743-2129 2. Standard Industrial Classification (SIC) code(s): 2099 3. Number of employees: 11 4. Principal product(s) produced: BOTTLED WATER Principal raw material(s) consumed: NA 5. Principal process(es): WASH AND RINSE BOTTLES 6. Amount of principal product produced, or raw material consumed (List cnorifir_ mmnnnfa � .,:a— s .. ...:...a:__� Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Da per Month 54436" 57331 per Year onus NiUuuceu 7. Check here if discharge occurs all year `: X , or Circle the month(s) in which discharge occurs: January February March April May June July August September October November December Days per week discharge occurs: MONDAY THRU FRIDAY Page 1 of/ 3 Version-1112000 NPDES ,RMIT APPLICATION - SHOR ORM C For manufacturing or commercial facilities with a discharge < 1 MGD (or WTPs) NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Page 2 of/ 3 Version—1112000 NPDE; DRMIT APPLICATION - SHOR a j?ORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow Volume treated before discharging (GALLONS PER OPERATING DAY) (PERCENT) Sanitary - daily average 0 Cooling water, etc. - daily average 0 Process water - daily average 2120 0 Maximum per operating day for 2120 0 total discharge (all types) 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system X gpd B. Underground well X gpd C. Septic tank 900 gpd D. Evaporation lagoon or pond X gpd E. Other, specify X gpd 10. Number of separate discharge points: 1 11. Name of receiving stream(s): UNNAMED TRIBUTARY T 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel oil and grease phenols selenium zinc [None of the above] 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. Chris Ferree Vice President Operations Printed name of Person Signing / Title Signature of App Date April 4, 2002 North Carolina General Statute 143-215.6E (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 3 of/.3 Version-1112000 State of North Carolina Department of Environment + r and Natural Resources Division of Water Quality Michael F. Easley, Governor NCDENR. �William G. Ross, Jr. Secretary NORTH" Ci>ROLINA-DEP,4RTSMENT OF Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND,`NATI, 'L RESOURCES' <" March 11, 2002 tj J 1AAR Craig Ivey Carolina Mountain Spring Water Company - P.O. Box 1610 j Hot Springs, AR 71902 Subject: Notice of Renewal Intent NPDES Permit NCO067954 Carolina Mountain Spring Water Co Jackson County Dear Permittee: The subject permit expires on August 31, 2002. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than March 4, 2002. This notice is being sent so that the Division can verify your intentions regarding this permit. Failure to respond to this notice by March 25, 2002 may result in a civil penalty assessment or initiation of Denial proceedings for this permit. If any wastewater discharge will occur after August 31, 2002 (or if continuation of the permit is desired), the current permit must be renewed. Discharge of wastewater without a valid permit violates 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 Marcia Lieber of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 530. You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with -.-the permit renewal application. If you have already mailed your renewal package, you may disregard this notice. If you have any questions, please contact me. My telephone number, fax number and e-mail address are -listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files VA_s17e,villeR gionW'_;, is atersQ _ .ty e c ° NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT us ON THE INTERNET @ hftpl/h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net i NPDES Permit NC0067954 Carolina Mountain Spring Water Company x Jackson 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. Ej 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 the Authorized Representative (see Part II.B. I Lb 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 Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendix A to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed when the application package is otherwise ready to submit, submit the application package without the PPA. Submit the PPA as soon as possible. The above requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Michael F. Easley Governor WA r�9P 1111 {�J September 9, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Chris Ferree Carolina Mountain Spring Water Company PO Box 1610 Hot Springs, Arizona 71902 Subject: RESCISSION OF NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0067954 Carolina Mountain Spring Water Company WWTP Jackson County Dear Mr. Ferree: William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality SEP ! 0 "> Carolina Mountain Water was issued a Notice of Violation dated 8/23/02 for failing to file the June 2002 toxicity self -monitoring report form within 30 days after the end of the reporting period. On 9/5/02, our office received a fax from Mr. Jack Herring with Carolina Mountain Water transmitting a copy of a certified mail receipt card for correspondence sent to the Enviionmental. Sciences Branch dated 7/24/02. The certified mail card indicates delivery to the Mail Service Center at 1621 Mail Service Center . The 9/5/02 fax contained a 7/3/02 letter from Pace Labs to Mr. Jack Herring indicating that the June 2002 NPDES Toxicity test was invalidated because the renewal sample was received late and out of temperature protocol. Our office has received your July 2002 toxicity test which has been recorded as "pass." When submitting future Aquatic Toxicity (AT) test result(s) to 1621 MSC via certified mail, we request that you direct the correspondence to DWQ/ESB, c/o Mr. Matt Matthews, 1621 MSC, Raleigh NC, 27699-1621. Also, please include the certified mail tracking numbers on the transmittal letter with your AT form. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this correspondence please contact Mr. Matt Matthews or Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Based on the above information, I hereby rescind the 8/23/02 NOV issued to Carolina Mountain Spring Water Company for failing to timely file the June 2002 AT test form. The Division's compliance monitoring databases will be modified to reflect this change. I apologize for any inconvenience caused by this situation. Sincerely, Overton Assistant Water Quality Section Chief for Environmental Sciences. cc: eForrestWgstall�AsshevrIle'F;gional'Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files Central Files t4CDE�R_ Customer Service ,wu . — eno 77nc Environmental Sciences Branch : 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information: The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. . ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic -value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please rote that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting your toxicity test results certified mail return receipt requested to the Environmental Sciences Branch. State of North Carolina Department of Environment and Natural Resources ,Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director May 29, 2002 Mr. Chris Ferree Mountain Valley Spring Company P.O. Box 1610 Hot Springs, Arkansas 71902 Dear Mr. Ferree: :'�w NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Draft NPDES Permit Permit NCO067954 Carolina Mtn. Water Bottling Plant Jackson County Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. Submit any comments to me no later than July 3, 2002. 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 July, with an effective date of September 1, 2002. If you have any questions or comments concerning this draft permit, call me at telephone number (919) 733-5083, extension 538. Sincerely, Christie R. Jackson NPDES Unit cc: NPDES Unit Asheyille_Regiozial Off cep 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 538 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Christie.Jackson@ ncmail.net Permit NCO067954 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, the Mountain Valley Spring Company is hereby authorized to discharge wastewater from a facility located at the Carolina Mountain Water Bottling Plant 976 Rice Road, off NC Highway 107 south of Cashiers Jackson County to receiving waters designated as an unnamed tributary to WYutewater River in the Savannah 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, 2007. Signed this day DRAFT Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission 0 Permit NC0067954 SUPPLEMENT TO PERMIT COVER SHEET The Mountain Valley Spring Company is hereby authorized to: 1. Continue to operate an existing 0.006 MGD wastewater treatment system with the following components: ♦ Settling tank for rinse water from a bottle washing operation The facility is located south of Cashiers at the Carolina Mountain Water Bottling Plant at 976 Rice Road, off NC Highway 107 in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Whitewater River, classified C-Trout waters in the Savannah River Basin. f 00 36 — : � � �� '\ _ '-'.� ,fir-- : ^' - _' ;'• • ,fir %T-' J. Vif �in �.' 1•,�Opinf �., �'•---�•:,v/ •,•• ice•, �� - zz— ��. \�' °? -• �rL � • "'✓/ . r/ � ":� ' - � Imo[ Read -0 d 'des 0 —. Ch i/ _ :• --�. — i Mtfj adz ~Heady Mtn.' j i� � - � i�' � / �� : / /��„- : I.. _ `�.•,' .. � `-. ter• `• __- � _ 7-7 '�a v'-' •�� � is vii ..�I �' ,• :.�✓>.�`- -- i� /^ ,�� -.. ':. I M NA C� �' Gap % 303 •,` -( ;�0.' � \� i :+^ ,� Sri � ,/ � • �� -8 -- -"��7 .. �`� ,�`• '�'' /_lam`.. � r. ,�� . � /1 — Latitude: 35°03'03" Stream Class: C-Trout Longitude:83'04'42" Subbasin:031302, Quad # G6SE Receiving Stream: UT to Whitewater River s Facility Location r NC0067954-Carolina Mtn. Water Bottling Plant Transylvania County Permit NC0067954 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below; EFFLUENT CHARACTERISTICS ' - LIMITS 1 MONITORING REQUIREMENTS ,h Monthly Avers" a Weekly Average gaily Maximum _ . Measurement... Fr uenc ; ., .: e4 Y Sample Type -. 'Sample Location. Flow 0.006 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (209C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent MBAS 6.75 mg/L 2/Month Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent pHs 2/Month Grab Effluent Footnotes: 1. Upstream = 50 feet from discharge point; Downstream = 50 feet from discharge point. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of mor than 0.50C and in no case cause the ambient water temperature to exceed 200C. 3. See special condition A.(4.). Chronic Toxicity (Ceriodaphnia) P/F at 11%: March, June, September and December. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO067954 A. (4). CHRONIC TOXICITY PERMIT LIBUT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum, uuarterYy monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. �0F WATF9Q r_ _ A07 —� May 23, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey -Director Carolina Mountain Water PO Box 1610 Hot Springs, Arizona 71902 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Water tiV TP, Jackson County Dear Mr. Ivey: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality t 1L - This is to inform you that the Environmental Sciences Branch has not received your toxicity self -monitoring report form.for the month of March 2002. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 213, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of March 20102.until you make acceptable demonstration to the Environmental Sciences Branch that the March 2002 AT report form was submitted to this office within the 30 day reporting period. In addition if within the next twelve (12) months, future reports are not received within the required time frame you may be assessed a civil penalty. The. reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, rton Assistant Water Quality Section Chief for Environmental Sciences cc: Ft, ,tWestal e Asheville RegionaljOffice Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files Central Files 1' CDEN Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 800 623-7748 WH EFFLUENT TOXICITY MONITORING AND I )RTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked- toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733- 2136 or another Unit representative at the same number. The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does riot have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during` the first six, months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except -for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. �OF WA7� 9 O '�Gy >_ I l.J-% u%I- ^.: =1 o -c 5183 MR. DEWAYNE WARD MOUNTAIN WATER COMPANY P.O. BOX 336 GLEN.VILLE, NC 28736 Dear Mr. Ward: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources March 27, 2003 Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office This note is to acknowledge that we have received your Performance Evaluation results from NSI Study WP-79 Total Residual Chlorine, pH, and Settleable Residue. Congratulations on obtaining acceptable results. This. completes all Performance Evaluation sample analyses required for your North Carolina certification for 2002. Contact us at (828)-251-6208 ext. 285 if you have questions or I can be of further assistance. Sincerely, Gary Francies Laboratory Section cc: James W. Meyer r Water Quality Section, 59 Woodfin Place, Asheville, NC 28801-2414 Telephone: 828/251-6208 Customer Service Fax: 828/251-6452 1 800 623-7748 DIVISION OF WATER QUALITY September 5, 2002 MEMORANDUM To: Coleen Sullins Thru: Jimmie Overt Matt Matthews -i From: Kevin Bowden 60 Subject: Proposed Notice of Violation and Enforcement Action Carolina Mountain Spring Water Company WWTP NPDES Permit No.1VC0067954 <? Jackson County File No. LT 02-004 Please find attached a proposed Notice of Violation and enforcement action against Carolina Mountain Spring Water Company for failing to timely report toxicity self -monitoring data within thirty days after the end of the'required reporting period. The NPDES permit reissued 1/26/98, contains an effective date of 3/1/98, and contains an expiration date of 8/31/02. The permit specifies quarterly chronic Pass/Fail toxicity testing at an 11% effluent concentration during the months of March, June, September and December. Language contained in the permit requires an increase in monitoring frequency to monthly upon any single quarterly toxicity test failure. The .006 MGD WWTP components consist of a settling tank for rinse water and a bottle washing operation. The discharge enters an unnamed tributary to Whitewater River, Class C-Trout waters in the Savannah River Basin. The following information should be helpful to summarize events leading up to the proposed enforcement action. Month Result Test Initiation AT Receipt by ESB NR NOV Date NC NOV/NOD Date 3/02 NR/pass 3/13/02 6/3/02 5/23/02 6/02 NR 8/23/02 7/02 pass 7/10/02 8/12/02 Carolina Mountain Spring Water Company was required to conduct toxicity testing during March 2002 per the permit requirement. The facility was issued a Notice of Violation dated 5/23/02 indicating that the March 2002 report was not received within the required reporting deadline. A facility.-, representative, Mr. Chris Ferree, signed the return receipt card on 5/29/02. The NOV stated, "In addition. if within the next twelve (12) months future reports are not received within the required time frame, you may assessed a civil penalty." The March 2002 test was obtained after a call was made to the facility requesting that the report form be faxed to our office. Fast Track Worksheet Case Number LT 02 004 Facility Name Denton WWTP Permit Number INCO026689 Previous Case Statutory Maximun $25,000 in the Last Yes Per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor • 0 20 03 0 40 ® 6 1.00 1.00 Number Violations Number Assessed Parameter Violation Total Penalty/ Assessment Violation Factor Total Penalty 1 1 -chr. tox. 3/02 Late DMR or Toxicit re ort $0 1 $0.00 1 1 chr. tox. 6/02 Late DMR or Toxicit re ort $1000 Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. $1000.00 2 $1000.00 2.00 omments nd late tox report Win 12 month reporting window. Exit DIVISION OF WATER QL,--ITY - CIVIL PENALTY ASSESSME'-. Violator: Carolina Mountain Spring Water Company WWTP County: Jackson Countv Case Number: LT 02-004 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; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 2) The duration and gravity of the violation; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 3) The effect on ground or surface water quantity or quality or on air quality; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 4) The cost of rectifying the damage; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 5) The amount of money saved by noncompliance; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 6) Whether the violation was committed willfully or intentionally; ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant 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 ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant S) The cost to the State of the enforcement procedures. ( )not significant ( )moderately significant ( )significant ( )very significant ( )extremely significant Date Coleen Sullins REMISSION FACTORS () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; () Whether the violator promptly abated continuing environmental damage resulting from the violation; () Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; and () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.. Date Alan W. Klimek, P.E. Date Case Number Violator Permit # County Assessed LR 92 —001 Carolina Mtn. Spring Water Co. 11 NC0067954 FJACKSON 11 01/21/92 LV 99 —340 Carolina Mtn. Spring Water Co. I NC0067954 JACKSON 08/20/99 LV 99 —399 Carolina Mtn. Spring Water Co. NC0067954 JACKSON 10/01/99 LV 99 —461 Carolina Mtn. Spring Water Co. 11 NC0067954 JACKSON 10/29/99 LV 99 — 583 Carolina Mtn. Spring Water Co. 11 NC0067954 JACKSON 01/07/00 LV 00 —031 Carolina Mtn. Spring Water Co. NC0067954 JACKSON 01/28/00 LT 00 — 001 11 Carolina Mtn. Spring Water Co. I NC0067954 JACKSON 09/18/00 FTy-IM-P9'11 Carolina Mtn. Spring Water Co. NC0067954 JACKSON 11 03/17/00 LT 02 —005 Carolina Mountain Spring Water Co NC0067954 Jackson 11 Database pull only. Complete information may be found through file search. Cases with date assessed greater than 7/1/98 may be regional assessments. Some cases are still open for final agency decision. Cases labeled "LV" or "LM" are violations of permitted effluent limits and/or monitoring requirements. No violations <20% over the threshold were assessed a civil penalty. Description of case types can be found on the next page. Date Run: August 23, 2002 Total Amount Paid Case Penalty to date Case Closed Subbasin s5oo.667 $500.00 65/11 /92 $1,300.00 $1,300.00 09/29/99 31302 $1,300.00 $1,300.00 02/08/00 31302 $1,050.00 $1,050.00 04/13/00 31302 $1,050.00 $1,050.00 02/07/00E--3-1-3027. $1,300.00 $1,300.00 1 F—G3/08/00 31302 $500.0071 $500.00 7 1 10/09/00 1 FT3-072] $1,300.001 $1,300.00 04/13/00 31 $8,300.00 1 $8,300.00 Whole Effluent Toxicity Testing Self -Monitoring Summary August 23, 2002 FACILITY REQUIREMENT YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Carolina Mountain Water Punnchrlin1:11ir. V 1998 -- --- Pass — --- Pass -- -- Pass --- -- Late NCO067954/001 Begin:3/l/1998 Frequency: Q P/F + M:rr Jun Scp Dec + NonComp:Single 1999 Pass ••- Late Pass --- Pas. -- ••• Pass --- -- NR/Late County: Jackson Region: ARO Suhbasin: SAV02 2000 NR/Pass --- Pass -- --- Pass -- --• Pass -•- --- Pass PF: 0.006 speci.i IWC(%):11.03 2001 •-- 2002 --• -- Pass --- •-- NWP4ea, --- -- Pass --- -•- ::NR A l Pass •-• Pass -•- --- Pass 7QIO: 0.075 C tJd,000550 ,_7 OoS 1AGIuYrj CSes; Sc(o 4-T- 00 /00 'k) O/V $ Pre 1998 Data Available LEGFND: PERlv1= Pennit Requirement LET = Administrative Letter - Target Frequency = Monitoring frequency: Q- Quarterly; M- Monthly; BM- Bin1o» dily; SA- Semia nuilly; A= Annually; OWD- Only when discharging; D- Discontinued monitoring requirente Begin = First month required 7QIO = Receiving stream low flow criterion (cfs) += quarterly monitoring increases to monthly upon failute or NR Moudis dint testing nmst occur -ex. Jan, Apr, Jul, Oct NonCoinp = Current Compliance Requirement PF= Pemnitted flow(MGD) IWC%= lnstremn waste concentmtiott P/F = Pass/Fail test AC=Acute CHR=Chronic Data Notation: f - Fathcad Minnow; • - Cede daphnin sp.; my - My.id shrimp; ChV - Chronic value; P - Mortality of stated percentage at highest concentration; at - Peh )tined by D WQ Aquatic Tox Unit; In - Bad test Reporting Notation: --- = Data not required; NR - Not reported Facility Activity Status: 1 -.Inactive, N - Newly Issued(Tu construct); It - Active but not discharging; t-More data available for nioudi in question; = ORC signature needed North Carolina Department Michael F. Easley, Governor William G. Ross Jr., Secretary vironment and Natural Resources OF WATE9 0 QG -7. CERTRJED MAIL RETURN RECEIPT REQUESTED Mr. Chris Ferree Carolina Mountain Spring Water Company PO Box 1610 Hot Springs, Arizona 71902 Alan W. Klimek, P.E., Director Division of Water Quality SUBJECT: Notice of Violation and Assessment of Civil Penalties for Reporting Requirement Violations NPDES Permit No. NCO067954 Carolina Mountain Spring Water Company WWTP Jackson County . LT 02-004 Dear Mr. Ferree: This letter transmits a Notice of Violation and Assessment of Civil Penalty assessed against Carolina Mountain Spring Water Company in the amount of $ This assessment is based upon the following facts: the March 2002 and June 2002 toxicity self - monitoring report forms were not filed with the Environmental Sciences Branch of the Division of -Water Quality within the thirty (30) day reporting period in accordance -with the monitoring and reporting requirements contained in your NPDES Permit. A previous Notice of Violation for failure to report the March 2002 toxicity self -monitoring data on time was sent to the facility by certified mail dated May 23, 2002. Within the Notice, it was stated, "In addition if within. the next twelve (12) months future reports are not received within the required time frame you may be assessed a civil penalty." Based upon the above fact(s), I conclude as a matter of law that the Carolina Mountain Spring Water Company violated or failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more than $10,000.00 may be assessed against a person who fails to file, submit or make available any documents, data or reports required by G.S. 143-215.65. Based upon the above facts(s) and conclusions of law, I hereby assess Carolina Mountain Spring Water Company a $ civil penalty for this second violation of G.S. 143-215.65, pursuant to the authority delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J .003 and G.S. 143-215.6A(h). Any continuing violation(s) may subject you to additional penalties. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment, Health, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request. _ A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms: Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. KO 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Matt Matthews, Supervisor of the Aquatic Toxicology Unit, at (919) 733-2136. Sincerely, Alan W. Klimek, P.E. Date AWK:mkb Attachments cc: Regional Water Quality Supervisor Point Source Compliance/Enforcement File Aquatic Toxicology Unit Central Files STATE OF NORTH CAROL_ DEPARTl--_1T OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CAROLINA MOUNTAIN SPRING ) WATER COMPANY ) ) NPDES PERMIT NO. NC0067954 ) FILE NO. LT 02-004 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated , 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 , 2002 BY ADDRESS. TELEPHONE o' 0 m_ n 9 c 3 m 0 m y 0 CD m \ Cr 0 W a Do -= C7 o m " o (D S :E C� o a C M-amoai ca m M CD — -aE=ia- m(D_ CrEo:2. :3 mw 0 O m °- 3X•dCD w aaca 5' > N so � m o o < E T. 0 o m o mFia 3 a m m $ m m m a w en� ❑ ❑ rn y m m 31 m ' m C co o m (A m c m aN A �'� n mCr a" 7 `� _ m a o m m a i m — d. , o. 0. a I < m m < N w -Z m a o .x �: n m Om'R a m m T 3 C O N O 0 (D 3 N w N Cr 3 � May 23, 2002 TION NCO067954 Water WWTP `a t // micnael 1-% Easley Governor t ` William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality 0 3 NMI`-onmental Sciences Branch has not received your v� o _ mouth -of March 2002. This is in violation of Title: z ❑ ❑ ❑ ❑ , m Code, Chapter 2, Subchapter 2B, Section .0506 z < D D N ° toring reports shall be filed no later than 30 days after S m m CL ELm a N 0m CD e report was made." m CD _ N� You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of March 2002 until you make acceptable demonstration to the Environmental Sciences Branch that the March 2002 AT report form was'submitted to this office within the 30 day reporting period. In addition. if within the next twelve (1 ,) months. future reports are not received within the required time frame you may be assessed a civil penalty. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, rton Assistant Water Quality Section Chief for Environmental Sciences cc: Forrest Westall-Asheville Regional Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files Central Files NMENR Customer Service Environmental Sciences Branch 1621 Mail Service Center Soo 623-7748 Raleigh, NC 27699-1621 (919) 733-2136. F.�vieiy by fiTll Pace Analytical Services, Inc. rr 54 Ravenscroft Drive Asheville NC 28601 ace 4naly P ! 828.254.7176 WKV.Aace 'oxcyeport ail a x. 828-254.4618 Date 3/13/02 �r.!N 0 3 2002 Carolina Mtn.Water NPDES#NC. 0067954 Performing Test PACE Analytical Services Inc. n --7 -7 of Operator in Rfis of 'bie Charge Pipe # 001 autt rnjerft6$gL"t:E3 Branch Comments Rank Sum=126.00, 1-Talied Critical=109.00 Sin ure of Labo to . Suo r Samples Not Aerated Unless Otherwise Noted Environmental'Sciences Branch Chronic Test Results MAIL ORIGINAL TO. Div. of Water Quality ' N.C. DENR Calculated t t North Carolina Ceriodaehnia Chronic Pass/Fail Reproduction Toxicity Test 1621 Mall Service Center Raleigh. North Carolina 27699-1621 Tabular t %Reduction CONTROL ORGANISMS 1 # Youn2 Produced 26 2 13 3 29 4 15 5 28 6 28 '7 128 8 26 9 •2.8 10 27 11 , 26 .12 1 21 % Mortality control LAdult Live (D)ead L L L L L L L L L L L L o.00 effluent% 11 Treatment 2 0.0 . TREATMENT 2.ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 Control CV 21.8 1 , TM YounProduced Adult (L)ive (D)ead E 21 10 25 112 27 125 28 25 26 23 126 - %controiorganisms p-roducing 31d brood 83.3 �L L L L L L L L L I_ L L 1st 1st 2nd pH Control 7.7 ?.7 8.0 1 8.1 8.1 1 7.6 Treatment 7.8 17.8 7.9 8.0 8.2 7.8 S E S E s E t n t n t n a d a d a d r r r t [ t 1st 1 St 2nd D.O. Control 8.2 7.1 7.8 7.6 8.0 7.5 Treatment 8.2 7.2 7.9 7.8 8.0 7.4 LC50/Acute Toxicity Tea (Mortality expressed as % , combining replicates) Collection Start oat 6.5 Avg. Reprod. Control 24.60 Treatment 2 23.00 PASS FAIL X� Check One t Start Dater---- 3113102 Sample 3111102 sample 2 3114\02 Sampel Type/Duration Grab Comp. N G �^� Sample -+ x° H 0 ," x X 24 hr (n _ y Sample o a O X 24 hr m < Hardness (mg/1) 42 Spec. Cond. (umhos) 157 Chlorine (mg/q fl 0.00 Sample temp. at receipt :1:4 Concentration Note: Please Complete This Mortality Section also LC50= % Method of Determination 95% Confidence Moving Avg. Probit % - % Spearman Other Organism Tested: Cerioda hnia dubia Test Duration (Hours): 0 Laboratory Certification IDs REPORT OF LABORATORY ANALYSIS NC Wastewater 40 NC Drinking Water 37712 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. [[//4 start/end start/end Control High Cone. P Laboratory Certification IDS TN Drinking Water 02980 SC Environmental 99030 �aceAn I rauaMilaryrH:al avrvxczG , li . ,�, 2225 Riverside Drive �] ytica Asheville, NC 23804 C� }' hone: 828.254.7176 N/WW patEgMe3h oxicity Report AT-9 Form Chronic Pass/Fail and Acute_L.G5� -Fax: 828.252.4618 Date.7124102`�,v' Carolina Mt Water Iry Performing Test PACE) of Operator in Rsspogsible Charge NPOES#NC 0067954 k, MAIL- ORIGINAL TO: Pipe # 00. r' County Jackson Comments Rank Sum 136.50 1 tallied critical 109.bO ' Samples Not Aerated Unless Otherwise Noted Environmental Sciences Branch - Chronic Test Results -Div. of Water Quality N.C. DENR Calculated t 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Tabular t North Carolina Ceriodanhnia Chronic Pass!Fail Reproduction Toxicity Test CONTROL ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 Young Produced �23 19123 23 22 11 24 i 7 23 22 24 20 % Reduction 5.3 % Mortality -Avg. Reprod. Control ' Control Adult Mive (D)ead I L L L. L L L -L I_ L L. L_ L 0.00 Treatment 2 Effluent%a 11 8.3 r.nntrni ry TREATMENT 2 ORGANISMS. 1 2 3 4 5 6 - 7 6 9 10 11 12- 18.1 Young Produces 25 20 j 17 . 20 21 5 21 120 22 24 1 23 �19 [�rrrd ucirg 3rd broad lAddult (L)ive (D)ead L L L F L L D I L L I L. ( L L L 4 e3.3 20.90 Treatment 2 19.80 PASS FAIL x I I Check One est_Start Date: 1 1st 1 St 2nd Complete This For- Test -_ 110102 pH Confroi 7.2I 71 7.9I 7.4 7.6 8.6� Coliection Start Da.e Treatment 7.2 8.4 ; 7.9 8.8 7.3. 8.2 Sample 718\02 - Sample 2 Tt i 1102 S E S E S- E SamoelTvoe/Duration t n t n t n a d a d a d Grab Como. N N a c r r r Sample o d t t t x 24 c � _ x 1st 1St 2nd Sample x I 24 - ..r: K D.O Controi 7.4 7.8 8.1 7.7 8.1 7.8 Hardness 37 Hardness . ti•}.� � Treatment 7.6 17.0j 8.2 7.0 8.0 7.8 spec. cond. 149 113 j 61 Chlorine 0.00 0.00 LgSn/Acute Toxicity Test Sample temo. at receipt }ftiti. - 5ti}; 0.4 2.1 (Mortality exrresaeA as oG . comhininv % % % % To T. % 7-C % Concentration �` . CNote. Please omplete This % % % 7. % % % mo I Mortality Section also LC50= % I Method of'Determination start/end start/end 95% Confidence Moving Avg. Probit Control 0 or high /o - ,o Spearman Other _F1 Conc. pH Organism Tested: Cerioda hnia dubia Test Duration (Hours): Laboratory GerTiricalion !Us LYSIS Laboratory Certification IDS NC Wastewater 40 TN Drinking Water 02980 This report shall not be reproduced, except in full, NC Drinking Water 37712 SC Environmental 99030 without the written consent of Pace Analytical Services, �t i O�0 W AT F 7 � r D—Q-11 August 23, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Chris Ferree Carolina Mountain Spring Water Company PO Box 1610 Hot Springs, Arizona 71902 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0067954 Carolina Mountain Spring Water Company WWTP Jackson County Dear Mr. Ferree: Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality This is to inform you that the Environmental Sciences Branch has not received your toxicity self - monitoring report. form for the month of June 2002. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states that "monthly. monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of June 2002 until you make acceptable demonstration to the Environmental Sciences Branch that the June 2002 AT report form was submitted to this office within the 30 day reporting period. File records indicate that the Company was issued a Notice of Violation (NOV) dated 5/23/02 for failing to submit the March 2002 AT report form. The 5/23/02 NOV stated, "In addition, if within the next twelve (12) months, future reports are not received within the required time frame, you may be assessed a civil penalty." Please note that toxicity late/non-reporting violations for March 2002 and June 2002 subject the facility to the civil penalty assessment authority of the Division. Our office is preparing an administrative civil penalty assessment for the above cited toxicity late/non-reporting events. File records also indicate that Carolina Mountain Spring Water Company was issued a civil penalty assessment dated 9!18/00 for failing to file the December 1999 and January 2000 toxicity self -monitoring reports within the required thirty (30) day reporting period. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this correspondence please contact Mr. Matt Matthews or Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. cc: F�oriest WestallrAsheville Regional. Office Keith a�H ynes=-he`ville Reg>onal-O° iff e Aquatic Toxicology Unit Files .. Central Files NCDENR Customer Service 1_Q00-A0Q-77dn Sincerely, Jim Overton Assistant Water Quality Section Chief for Environmental Sciences Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES Permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than -the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing. during' a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch..._ Michael F. Easley, Governo . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory-J.- Thorpe, Ph.D. Acting Director Division of Water Quality DIVISION OF WATER QUALITY October 15, 2001 Mr. Ron Cheek Carolina Mountain Spring Water P.O. Box 1610 Hot Springs, Arkansas 71902 Subject: Notice of Violation Failure to Designate ORC Carolina Mountain Spring Water Permit Number: NCO067954 Jackson County Dear Mr. Cheek: After review of the submitted Daily Monitoring Reports (DMR's) for the months of July and August, 2001, the Asheville Regional Office has noted that the Operator in Responsible Charge (ORC) signing the DMR is not the person designated as ORC of your facility. NPDES Permit Section C. OPERATION ANS MAINTENANCE OF POLLUTION CONTROLS. Paragraph 1. Certified Operator. requires "the permittee [to] submit a letter to the Certification Commission which designates the operator in responsible charge". The ORC of record is: No ORC designated The Operator signing your DMR is: Jack Herrin Attached, please find a copy of the ORC designation form You must submit a completed ORC designation form to the Certification Commission within ten (10) days of receipt of this letter. Nothing in this letter should be taken as removing from you the responsibility or liability for failure to comply with all applicable state laws and regulations. If you have any question, do not hesitate to contact Mr. Kevin Barnett of my staff at 828-251-6208 ext. 205. Sincerely, ; ;W Forrest R. Westall, Water Quality Regional Supervisor cc: Technical Assistance and Certification Unit Jack Herrin, Operator N_ C. 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Stevens, Director Division.of Water Quality "Asheville Regional Office WATER QUALITY SECTION July 9,.2001 Mr. Ron Cheek Carolina Mountain Spring Water P.O. Box 1610 Hot Springs, Arkansas 71902 Subject: Compliance / Sampling Inspection Carolina Mountain Spring Water Wastewater Treatment Plant Permit Number: NC0067954. . . Status: Compliant Jackson County. Dear Mr: McClure: On March 14t; 2001, Kevin Barnett of my staff inspected the wastewater treatment system owned by Carolina Mountain Spring Water. Attached, please find an NPDES Compliance Inspection Report Form. The assistance of Mr. Herring is greatly appreciated. The method of sampling for toxicity does not meet the intent of the condition. Carolina Mountain Spring Water must use a composite sampler, which complies with Section A. 8. of the issued state permit. Nothing 'in -this -letter -should be- takenas removing from you --the responsibility- of --liability -for- failure to comply with all applicable state laws and regulations. If you have any question, do not hesitate to contact Kevin Barnett of my staff at 828-251-6208 ext. 205. , Sincerely, Forrest R. Westall, Water Quality Regional Supervisor cc: NPDES Compliance. Unit Jackson County Health Department Mr. Jack Herring, ORC Water Duality Section_ 59 Wondfin Place. Asheville_ NC 28801-2414 Telenhone: 828/251-6208 LTAX M VEDEN Customer Service NORTH CAROLINA DE RTMENTOF ENVIRONMENTAND NAIuRAL RESOURCES NPDES Compliance Inspection Report Name(s) of On -Site Representative(s) Title(s) Phone No(s) Jack Herring (ORC) 828-743-2129 Name, Address of Responsible Official Title Ron Cheek PO Box 1610 Phone No. Contacted? Hot Springs, Arkansas 71902 No S Permit S Flow Measurement Pretreatment S Operations & Maintenance S Records/Reports N Laboratory S Compliance Schedules N Sludge Disposal S Facility Site Review S Effluent/Receiving Waters U Self -Monitoring Program Other: Wastewater is from a bottle rinsing station. Domestic waste is handled via: subsurface system. Wastewater from bottle rinsing station gravity's to a pump station. Settling occurs in pump station, is pumped through canister filters, and then discharges to a UT of the Whitewater river. Discharge is clear. (iron fungi observed in creek up and down stream of effluent) Toxicity samples are taken by multiple grabs. (ORC has been notified that a composite sampler must be obtained) Flow measured by potable water meter. Operator log has good detail. Compliance Status: X Compliant , /J , ,� '� Deficient Non -Compliant Name(s) and Signature(s) of Inspectors Agency/Office/Telephone Date Kevin H Barnett NC-DWQ/ARO/828-251-6208 06/28/01 Signature of Reviewer Agency/OfficefTelephone Date NC-DWQ/ARO/828-251-6208 - �� 0' �_ NORT:A---__INA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY( SECTION January 7, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey Carolina Mountain Spring Water Company Post Office Box 1610 Hot Springs, Arkansas 71902 SUBJECT: NOTICE OF VIOLATION AND ASSESSMENT of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO067954 \\ Carolina Mountain Spring Water Company Case No. LV 99-583 Jackson County Dear Mr. Ivey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,050.00 ($1,000.00 civil penalty + $50.00 enforcement costs) against Carolina Mountain Spring Water Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Carolina Mountain Spring. Water Company for the month of September, 1999. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO067954 The violations which occurred in September, 1999 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Mountain Spring Water Company violated the terms, conditions, or requirements of NPDES NCO067954 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. Pursuant to N.C.G.S. 143- 215.6A(a)(2), a civil penalty of not more than ten thousand dollars ($10,000.00) may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 1437215.1(a). INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414 PHONE 828-2S1-6208 FAX 828-2S1-64S2 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER • 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, Forrest R. Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Carolina Mountain Spring Water Company: $ 1,000.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for BOD. $ 0.00 For 0 of the 0 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for BOD. $ 1,000.00 TOTAL CIVIL PENALTY, which is 5 percent of the maximum penalty authorized by G.S. 143- 215.6A. $ 50.00 Enforcement costs. $ 1,050.00 TOTAL AMOUNT DUE -2- • Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, 'or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative -3- • hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been. assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of 'a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition. with the -4- • Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an -additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. W. E. Anderson of the Asheville Regional Office at 828/251-6208. I / ,o�v (D e) ATTACHMENTS orrest R. Westall Water Quality Regional Supervisor Asheville Region Division of Water Quality cc: Bill Anderson w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments -5- • ATTACHMENT A CAROLINA MOUNTAIN SPRING WATER COMPANY NPDES Number NC0067954 Case Number LV 99-583 Limit Violations, September, 1999 Monthly Average Limit Violations Parameter Reported Value Limit Units BOD 14 10 Mg/1 Daily Maximum Limit Violations Parameter Date Reported Value Limit Units Effluent Monitoring Violations, Required Monitoring Parameter Monitoring Frequency Insufficient Values Parameter Date Location Number of Insufficient Values -7- STATE OF NORTH CAROLINA COUNTY OF Jackson IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST CAROLINA'MOUNTAIN SPRING WATER COMPANY PERMIT NO. NCO067954 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. IV 99-583 Having been assessed civil penalties totaling $1;050.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 7, 2000, 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. This the day of 2000. BY ADDRESS TELEPHONE -9- . e _ DMR REVIEW RECORD Facility: Carolina Mountain Sprint; Water Company Permit/Pipe No.: NCO067954 Month/Year: September, 1999 Monthly Average Violations Parameter Permit Limit DMR Value o Over Limit BOD 10 mtT/1 13.67 mg/l 37 Date Daily Violations Parameter Permit Limit/Type DMR Value %Over Limit Monitoring Frequency Violations Date Parameter Permit Frequency Values Reported # of Violations Completed by: Other Violations Date: -8- o o DIVISION OF WATER QUALITY - CIVIL PENAL i Y' ASSESSMENT Violator: Carolina Mountain Spring Water Company County: Jackson Case Number: LV 99- 583 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the. publ'c health, or to private property resulting from the violation; (ot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) Th"uration and gravity of the violation; (v,' not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 3) The feet on ground or surface water quantity or quality or on air quality; (AX not significant ( ) moderately significant ( ) significant ( ) very significant (*) extremely significant 4) The cost ofrectifying the damage; (j-'n- of significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 5) The amount of money say -by non-compliance; ( ) not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 6) WheX4ier the violation was committed willfully or intentionally; (✓j not significant ( ) moderately significant () significant ( ) very significant .( ) extremely significant 7) The pr-'or record of the violator in complying or failing to comply with programs ove which the Environmental Management Commission has regulatory authority; and ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) Th cost to the State of the enforcement procedures. ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant D to F rest R. Westall, Water Quality Supervisor sheville Regional Office REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Kerr T. Stevens, Director Division of Water Quality -6- t State of North Carolina ,Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director IT 4111�T 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND�kCIATURAL RESOURCES September 18, 2000 Ap, CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 165 271 398 Mr. Craig Ivey, Director Carolina Mountain Spring Water Company, Inc. PO Box 1610 Hot Springs, Arizona 71902 SUBJECT: Assessment of Civil Penalties for Reporting Requirement NPDES Permit No. NCO067954 Carolina Mountain Spring Water Company WWTP Jackson County "ET=00_0017:5 Dear Mr. Ivey: This letter transmits notice of a civil penalty assessed against Carolina Mountain Spring Water Company in the amount of $ S OO.Oa This assessment is based upon the following facts: the December 1999 and January 2000 toxicity self -monitoring report forms were not filed with the Environmental Sciences Branch of the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES Permit. A previous Notice of Violation for failure to report the December 1999 toxicity self -monitoring data was sent to the facility by certified mail dated March 17, 2000. Within the Notice, it was stated, "...if within the next twelve (12) months, future reports are not received within the required time frame, you may be assessed a civil penalty." Based upon the above fact(s), I conclude as a matter of law that Carolina Mountain Spring Water Company•violated or failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more than $10,000.00 may be assessed against a person who fails to file, submit or make available any documents, data or reports required by G.S. 143-215.65. Based upon the above facts(s) and conclusions of law, I hereby assess Carolina Mountain Spring Water Company a $ 500. 0 0 civil penalty for this second violation of G.S. 143-215.65, pursuant to the authority delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J .003 and G.S. 143-215.6A(h). Any continuing violation(s) may subject you to additional penalties. Mailing Address 1617 Mail Service Center Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 733-9919 Location: 512 N. Salisbury Street Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper m *I 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: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 or 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement that you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that.you prepare a complete and thorough statement in support of your request for remission. or 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact Kevin Bowden at (919) 733-2136. Sincerely, Kerr T. Stevens, Director Division of Water Quality 0�— \%- Oo Date Attachment cc Asheville.Region-WQ_Supervisor_w/ attachment �_ _ _ Point Source Compliance/En`forcement iJnit w/ attachment Aquatic Toxicology Unit w/ attachment Central Files w/ attachment State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director October 9, 2000 MR. CRAIG IVEY, DIRECTOR P.O. BOX 1610 HOT SPRINGS, AR 71902 A lkf •� NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT CAROLINA MTN. SPRING WATER JACKSON COUNTY PERMIT NO: NCO067954 LT 00- 001 +' Dear Mr. Ivey: This letter is to acknowledge receipt of check No. 019627 in the amount of $500.00 received from you dated October 09, 2000. This payment satisfies in full the 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 Rob Lang at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit 6/ Cc: Enforcement File #: LT 00-001 ARO Regional Office Supervisor Central Files ? 3`�000 1617 Mail Service Center, Raleigh. NC 27699-1617 'Telephone 919-733-SO83 Fax 919-733-9( An Equal Opportunity Affirmative Action Employer SII% rec_vcled/10% post -consumer paper STATE OF NORTH CAROLIN DEPARTMI OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON ) IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND Y CAROLINA MOUNTAIN SPRING WATER CO. ) STIPULATION OF FACTS NPDES PERMIT NO. NC0067954 ) Having been assessed civil penalties totaling FILE NO. LT 00-001 GGC , c' n for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated 45—C-F—i 10, 9�0''C' , 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 ,ILIL I i!� ► - � - M day of 2000. Y ADDRESS 3 �Yt! ly, VAt c C`/ K'. R A-C TELEPHONE State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Craig Ivey P.O. Box 1610 Hot Springs, AR 71902 Dear Mr. Ivey: N, 0NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 13, 2000 Subject : Payment Acknowledgment Civil Penalty Assessment �%,4,WLgT� �� NPDES Permit Number NCO 06 9 ✓ ��D Carolina Mtn. Spring Water Co.�lij� Jackson County Case Numbers LV 00-081 and LV 99-461°�0���✓ This letter is to acknowledge receipt of check No. 016335 in the amount of $2,350.00 received from you on April 5, 2000. This payment satisfies in full the civil assessment levied against the subject facility and these cases have been closed. Payment of these penalties 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 feel free to contact Rob Lang at (919) 733-5083. cc: ARO..Itegonai Officeuperviso Enforcement/Compliance Files Central Files 1617 Mail Service Center, Raleigh, N.C. 2769961617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper DIVISION OF WATER QUALITY April 20, 2000 MEMORANDUM To: Shannon Langley Point Source Compliance/Enforcement Unit Thru: Jimmie Overt Matt Matthews From: Kevin Bowden x3 Subject: Proposed Enforcement Action Cfar=alinv-M` un ain Spring Wa e WWTP ES=PewfNo NCD0*679=54- Jjck,-spu%-o.unty File No. LT 00-001 Please find attached a proposed enforcement action against Carolina Mountain Spring Water Company for failing to timely report toxicity self -monitoring data within thirty days after the end of the required reporting period. The NPDES permit reissued 1/26/98, contains an effective date of 3/1/98, and contains an expiration date of 8/31/02. The permit specifies quarterly chronic Pass/Fail toxicity testing at an I I% effluent concentration during the months of March, June, September and December. Ceriodaphnia dubia is the required test organism. Language contained in the permit requires an increase in monitoring frequency to monthly upon any single quarterly toxicity test failure. The 0.006 MGD wastewater treatment facility discharges to an unnamed tributary to Whitewater River, Class C-Trout waters in the Savannah River Basin. The following information should be helpful to summarize events leading up to the proposed enforcement action. Month Result Test Initiation AT Receipt by ESB NR NOV Date NOD Date 9/99 Pass 9/22/99 11/1/99 12/99 NR/late 3/17/00 1/00 NR/pass 1/13/00 4/5/00 (Proposed Enforcement Action) Carolina Mountain Water conducted toxicity testing during September 1999. The September toxicity test result was received on November 1, 1999. The facility apparently attempted toxicity testing durina December but failed to notify DWQ that testing could be completed. This office sent a Notice of Violation dated March 17, 2000 to Mr. Craig Ivey, Director, indicating that our office had not received the December 1999 toxicity self -monitoring report. The NOV contained the following language, "In addition, if within the next twelve (12) months, future reports are not received within the required time frame, you may be assessed a civil penalty." Carolina Mountain Spring Water Company April 20, 2000 Page 2 On April 5, 2000 our office received a fax from the facility's contract biological testing laboratory indicating that testing was attempted during December; however, due to a shipping error, the renewal sample was not received within the required holding time. Attached to the April 5 fax was a copy of the facility's January 2000 toxicity test result. The January 2000 test result was due the end of February and was not received within the required time frame. A review of the facility's December 1999 and January 2000 Discharge Monitoring Reports was conducted. The reports contain no information that toxicity testing was attempted during December 1999 or January 2000. The Aquatic Toxicology Unit recommends issuance of the proposed enforcement action against Carolina Mountain Spring Water Company. This office has discussed the proposed civil penalty assessment with Mr. Forrest Westall of the Asheville Regional Office who recommends processing the action. Attached you will find the toxicity self -monitoring history for this facility. Should you have any questions or need additional information, please contact me at 2136. cc: Forrest Westall-Asheville Regional Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director . CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey, Director Carolina Mountain Spring Water Company, Inc. PO Box 1610 Hot Springs, Arizona 71902 r .4 • � 00 NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: Assessment of Civil Penalties for Reporting Requirement Violations NPDES Permit No. NCO067954 ' Carolina Mountain Spring Water Company WWTP Jackson County LT 00-001 Dear Mr. Ivey: This letter transmits notice of a civil penalty assessed against Carolina Mountain Spring Water Company in the amount of $ This assessment is based upon the following facts: the December 1999 and January 2000 toxicity self -monitoring report forms were not filed with the Environmental Sciences Branch of the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES Permit. A previous Notice of Violation for failure to report the December 1999 toxicity self -monitoring data was sent to the facility by certified mail dated March 17, 2000. Within the Notice, it was stated, "...if within the next twelve (12) months, future reports are not received within the required time frame, you may be assessed a civil penalty." Based upon the above fact(s), I conclude as a matter of law that Carolina Mountain Spring Water Company violated or failed to act in accordance with the requirements of G.S. 143-215.65. A civil penalty of not more than $10,000.00 may be assessed against a person who fails to file, submit or make available any documents, data or reports required by G.S. 143-215.65. Based upon the above facts(s) and conclusions of law, I hereby assess Carolina Mountain Spring Water Company a $ civil penalty for this second violation of G.S. 143-215.65, pursuant to the authority delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J .003 and G.S. 143-215.6A(h). Any continuing violation(s) may subject you to additional penalties. Mailing Address: 1617 Mail Service Center Raleigh, NC 27699.1617 Telephone (919) 733-5083 Fax (919) 733-9919 Location: 512 N. Salisbury Street Raleigh, NC 27699-1617 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment, Health, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Ms. Coleen Sullins Acting Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 no 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins b Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. M' 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, Nord. Carolina 27699-6714 and. Mail or hand -deliver a copy of the petition to Mr. Dan McLawhom General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Kevin Bowden at (919) 733-2136. Sincerely, Kerr T. Stevens Date Attachments cc: Regional Water Quality Supervisor Point Source Compliance/Enforcement File Aquatic Toxicology Unit Central Files STATE OF NORTH CAROLE DEPARTM T OF ENVIRONMENT AND NA i (JRAL RESOURCES COUNTY OF JACKSON ) IN THE MATTER OF ASSESSMENT ) WAI`v'ER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND CAROLINA MOUNTAIN SPRING WATER CO. ) STIPULATION OF FACTS NPDES PERMIT NO. NC0067954 ) FILE NO. LT 00-001 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated , 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 , 2000. ADDRESS TELEPHONE State of Nortn l;arollna Department of Environm` 't and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey, Director Carolina Mountain Spring Water Company PO Box 1610 Hot Springs, Arizona 71902 1 � NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 17. 2000 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing I NPDES Permit No. NC0067954 Carolina Mountain Spring Water WWTP Jackson County Dear Mr. Ivey: This is to inform you that the Environmental Sciences Branch has not received your quarterly toxicity monitoring report for the month of December 1999. This is in violation of Title 15 of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states, "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made." You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of December until you make acceptable demonstration to the Environmental Sciences Branch that the December 1999 AT report form was submitted to this office within the 30 day reporting period. In addition. if within the next twelve (12) months, future reports are not received within the required time frame. you may be assessed a civil penalty. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary page and if you have any questions concernine this :Notice or any aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with ythe Aquatic Toxicology Unit at (919) 733-2136. Sincerely. \ ,:�Jim Overton Assistant Water Quality Section Chief for Environmental Sciences cc: Forrest Westall-Asheville Regional Office Keith Havnes-Asheville Regional Office Aquatic Toxicology Unit Files Central Files Mailing Address: Telephone ('919) 733-2136 162' ,tail Service Comer Fa;. j,919) 733.7959 Psleirah, NC 27699=I621 State Courier `52-17-('^ Location: 4401 Reedv 11, eeK � oad Ral9igh, N(; 2 7699• t Fill' n., c.:,.�oi rn.�.-.n:,�..,.. r,� err „•.n„� �,•��.,.� c..,.,�r„,.,. _ .z.•..ri�nn r.c_ .,c��..,.,.. ENDER: I also wish to receive the Complete items , and/or 2 for additional services. following services (for an ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this forth so that we can return this extra fee): card to you. a Attach this forth to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address ■ Writee 'Return Receipt Requested'on the mailpiece below the article number. Writ 2. El Restricted Delivery ■ The Return Receipt will snow to whom the article was delivered and the date Consult postmaster for fee. delivered. o 3. Article Addressed to: 4�rtjcle /u bJar �J !�7 / 13 a S 4b. Service Type E ^ ) ❑Registered certified q o CiC/ ❑ Express Mail ❑ Insured Retum Receipt for Merchandise ❑ COD -3 c� Z gQ?i 7 ,Llat� of Delivery Q�l� �J / 3J G 7l — 5. Received By: (Print Namel 8. Addressee's Address (Only if requested and fee is paid) 6. Signature: (Addressee cr, gent) X (; 2 PS Form 3811, December 1994 10259r,48-B-0229 Domestic Return Receipt t UNITED STATES POSTAL SERVICE First -Class Mail { Postage & Fees Paid USPS Permit No. G-10 ---------- ._.__.__._.._, ........_.._._._.--- --- ._._..__.__._..-._._.__----------------- _------- • Print your name, address, and ZIP Code in this box • N C DENR DIVISION OF WATER QUALITY ENVIRONMENTAL SCIENCES BRANCH 1621 MAIL SERVICE CENTER RALEIGH NORTH CAROLINA 27699-I62I I ."ace :alr:r a: _nryxes. rrs. r'_,,faceV FAX.dal';-a.'7;�:'•4`' To: L 0i 12 2,-i 7�r ,-L �� S Phone: Fax phone: CC: REMARKS: !�%L Ldou i P^cue: d2&254 7176 ;X 8L8.LSL.-618 Date: / Numbed pages including cover sheet: From: PAST - Asheville Phone: (828)254-i176 Fax phone: (828)2524618 ❑ Urgent ❑ For your review ❑ Rcply ASAP A ❑ Please comment ace naivbcal'. April 5, 2000 Mr. M1att Matthews Environmental Sciences Branch Division of Water Quality N.C. DENNR 1621 mail Service Center Raleigh, Forth Carolina 27699-1621 Dear':vlr Matthew's RE: December 1999 Sample On December 13, 1999 Carolina Mountain Water began sampling to meet their quarterly bioassay tes:nng requirement. The first sample was received and the test was initiated on December 15, 1999. However, due to a sllipping error, the second sample was not received within the hold time. The test was terminated on December 20, 1999. The client was notified and was told to resample as soon as possible. The client resampied the week of January 10, 2000 and passed their Pass/Fail Chronic Bioa.ssay. if you have any questions concerning these results, please feel free to contact me. cerely, J ifer Janes Aquatic Toxicology Laboratory Supervisor Cc .Jack Herring with Carolina Mountain Water lace Anal vticaI / % J Effluent Toxicity Report AT - i ; o, m Chronic Pass/Fail and Acute LC5C Date 011,21\91 Facility: Carolina Mtn. Sprang Watef NPDES#NC 0057954 Laboratory Performing Test PAGE Anelyti -aI S .rvic SlpoatWe of Oporator in Heepojrs+blo Chorge S.a rutrbre cr l.nor.rGry Cl1D9ry ®or: MAIL ORIGINAL TO, Pace rinaiyb;gal Services. Inc. is olpe 001 County Jackson Comment' Resampl- for a test which had to be terminated early In December, 1999. i samobe worn rot oor°tod unt— otha_w notod Environmental Sciences Branch North Carolina Division of Water Quality "C1 Reedy Creak Road Raleigh, North Carolina 27607 North Carolina C5 rj dephnre Chronic Pass/Fail Reprodd ction Tox:cita' Tacit. CON-'ROL ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 # Youna Produced 26 28 28 22 23 28 31 29 27 26 29 25 i Adult (L)ive (q ead L L L L L 1 L L I L L L L L Effluent% 11 TREATMENT 2 ORGANISMS 1 2 3 4 5 j 6 j 7 # Yoh une Produced 29 29 28 27 23 127 123 Adult (L}ive (Q)ead L L _ L L L, 8 9 10 11 12 29 29 28 30 24 L L I L I L I L 1 st 1 st 2nd PH. Control 7 9 78.0 ?,0 8.0 Treatment 7.7 7.9 7.9 8.2 8.0 8.0 S E S E S E t n t n n a d a d d r r t t t 1 st 1st 2nd D.0 Control 7.5 8.0 7.7 8.1 F77' 9 7.6Treatment 7.6 7.7 7.6 1 7 8 8 LQUIA«rte Toz/ igm Wtavdrr/ exoreeted ee % . combining ruplrcato'I LC50= 950/b Confidence LOryanism Tested. �2i 10 Test 01 \13\ia9' rJ•� CO�hciw.n �Laall�te sk'r^ale 01\1'.\g'q�'cb� Sart'r� 31\14\99 sampel Typa/puration Z r',r.e Como. Sample sample X 1 24. hr X x X f V - HardnQsz (mg111 kl3,' oc Sp. Cond. lumhoc) 4 ae I 730 Chlorine imq/p ax � 0.00 Sample temp. at receipt 0.0 0.7 Concentration Nate PL61"'? ComplBte -hi; Mortality Section ❑Ico Method of Determination � start/end ntstarVP�d Zarnl F_T Moving Avg. Prcbit Soaartnan I I Ot`tcr r Ell la piriric dUtr?iB I T BSC UUf2L`On ji"tOUt5j. J REPORT OF LABORATORY AHAVfSIS = _ uw �.uwclt. tunwrry rwuuy .you-lvlaauuulmu 0— Maly FACILITY REQUIREMENT YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Carolina Mountain Water Perth chr lim: 1 I k. Y 1996 --- --- Pass -•• Pass --- --- Pass --- --- Pass NC00679541001 13egit3/I/1998 Prcyueney: Q P/F i- Mur Jun Sep Dec + NouCo np:Single 1997 --- --- Pass --- •-- Fail Fail Pass Pass --- --- Pass Late County: Jackson Region: ARO Subhasin: SAV02 1998 --- --- Pass --- --- Pass •-- •-- Pass Pass --- NFVLate Pr: 0.006 SI—al 1999 Pass --- Lato Pass --- Pass --- •-- --• 7QI0:0.075 1WC(/,):11.03 2000 NFVPass --- Y Fix. 1996 Data Availahle LEGEND: PERM = Perak Requirement LG'f =Administrative Leucr -Target Frequency = Monitoring frequency: Q- Quarterly; M- Monthly; BM- Bimonthly; SA- Semiannually; A- Annually; OWD- Only whet discharging; D- Discontinued monitoring reymreme Begin = First month required 7QIO = Re t:lvrlmg strL':mnl Itl\v llo%v crtlel'r(ltm (el's) . += quarterly niollitoling Increase's In notlthly upon failure or NR Months that testing must occur - ex. Jail, Apr, Jul, Oct NonComp = Curie It Compliance Requirement PF= Permitted Bow (MGD) 1\VC% = Instream waste conccunaion P/F= Pass/rail test AC = Acute CIIR = Chmnic Data Notation: f - 1'umhcad Minnow; " - Ccriu laphnia sp.; lily - MyAd shmiump; CIIV - Chrnuic value, 1' - Murt:llily of st:ucd 1-cenwgc at highest concentration; at - Pedlnmcd by DWQ Aqu:uie Tux Unit; ht - Bad test Rep oning Notation: --- = Data not required; Nit - Not reported Facility Activity Status: I - Inactive, N - Newly Issued(f'u construct); 11 - Active but not discharging; T-More data available for mouth it question; = ORC signature needed State of North Carolin r Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director February 9, 2000 Craig Ivey P.o. Box 1610 Hot Springs, AR 71902 Y �A 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Payment Acknowledgement Civil Penalty Assessment Carolina Mtn. Spring Water Co. Jackson County Permit No: NCO067954 LV 99-399 Dear Craig Ivey: This letter is to acknowledge receipt of check No. 014982 in the amount of $1,300.00 received from you dated February 08, 2000. This payment satisfies in full the 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 Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Comphance/Enforcement Unit Cc: Enforcement File #: LV 99 - 399 QARQ RegionaMffice_Super-visor== Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper Pace Analytical Services, Inc. 54 Ravenscroft Drive Pace Analytical W Asheville NC 28801 Tel: 704-254-7176 Effluent Toxicity Report AT-1 Form Chronic Pass/Fail and Acute LC50 Fax: 704-252-4618 Date 01 \21 \99 Facili : Carolina Mtn. Spring Water NPDES#NC 0067954 Pipe # _ 001 ��County Jackson it Laboratory Performing Test PACE Analytical Services. Inc. r' t co Illlefl a v ' IV Vg--1-r-4fo tor in Responsible Charge 11 ii it ipervbor I Ssmplee_yuere not aerated unless othervV`s°� e_n�'ta Environmental Sclenceat'SnifAchaUA-� Chro 'itcTest MAIL ORIGINAL TO: "J� �>vAL North Carolina Divlsidn' o V,IjEit�cG> 4401 Reedy Creek Road.L�Iaulated t Raleigh, North Carolina - 27607 Tabular't North Carolina Cerfodaahnia_Chronic Pass/Fall Reproduction Toxicity Test % Reduction CONTROL ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 % Mortality #Youn Produced 26 28 28 22 23 28 31 29 27 26 29 25 Control Adult Live Dead L L L L L I L I L I L I L L I L I L 0 Effluent% 11 Treatment 2 0 TREATMENT 2 ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 Control CV 9.6 #Young Produced 29 29 28 27 23 27 23 29 29 28 30 24 %control organisms producing 3rd brood Adult (L)ive (D)ead L L L L L L, L L L L L I ioo 1 st 1 St 2nd pH Control 7.9 8.0 EE 8.0 8.0 Treatment 7.7 7.9 8.0 8.0 S E S E S E t n t n t n a d a d a d- r r r t t t 1st 1 St 2nd D.O. Control 7.5 8.0 7.7 8.1 7.9 7.6 Treatment 7.6 7.7 7.6 7.8 7.8 7.5 LC50/Acute Toxicity Test I Collection Start Date -0.322 2.508 0 Avg. Reprod. Control 26.8 Treatment 2 27.2 PASS FAIL 01\13199 sample 1 01111199 Sample 2 01\14\99 Samuel Type/Duration Grab Comp. Sample 1 X 1 24 hr Semple 2 X I sa nr Hardness Img/I) Spec. Cond. (umhos) Chlorine (mg/I) Semple temp. at receipt Concentration Mortality LC50= % Method of Determination 95% Confidence Moving Avg. Probit % - % Spearman Other organism Tested: Ceridda hnia dubia Test Duration (Hours): Note: Please Complete This Section also start/end start/end Control High Conc. p Laboratory Certification IDS Laboratory Certification IN NC Wastewater 40 REPORT OF LABORATORY ANALYSIS. TN Drinking water 02980 NC Drinking Water 37712 SC Environmental 99030 This report shall not be reproduced, except in full, FL Environmental 96317, without the written consent of Pace Analytical Services, Inc. Pace Analytical Services, Inc. 54 Ravenscroft Drive Asheville NC 28801 Tel: 828-254-7176 Effluent Toxicity Report AT-1 Form Chronic Pass/Fail and Acute L&O821-252-4611 Date 01\25\00 Carolina Mtn. Water NPDES#NC 0067954 Pipe # 001 a Performing Test PACE Analytical Services, Inc., — I — � �'I Comments in Signature or Laboratory Supervisor Samples Not Aerated unless OEh. * se?WWAITY.FCTION Environmental Sciences Branchy A =Irtl MAIL ORIGINAL TO. Div. f Water Quality Calculated N.CENR t 1.465 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Tabular t 2.508 North Carolina Ceriodaphnia Chronic Pass/Fail Reproduction Toxicity Test % Reduction 6.5 CONTROL ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 % Mortality Avg. Reprod. #Young Produced 17 24 26 25 21 25 20 23 21 25 1 26 25 Control 0 Control 23.2 Adult Live Dead L L L L L L L L L L L L Treatment 2 Treatment 2 Effluent% 11 0 21.7 Control CV TREATMENT 2 ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 F—TT-2-1 PASS FAIL # Young Produced x 20 22 24 26 20 24 22 21 19 22 21 19 %control organisms producing 3rd broad Adult (L)ive (D)ead L L L L L L L L L L L L 100 check one 1 St pH Control Treatment S E I n a d r t 1 St D.O. Control Treatment LC50/Acute Toxicity Test (Mortality expressed as % , combining replicates) 1st 7.7 7.4 7.6 7.7 S E t n a d t 1 St 7.9 7.6 8.3 7.9 2nd 7.5 7.6 7.5 7.8 S E t n a d t 2nd 7.9 1 7.6 8.1 7.8 r 01\12\00 Collection Start Date Sample t 01\10\00 Sample 2 01\13\00 Sampel Type/Duration v� Grab Comp. w Sample 1 X X m x a,m 24 hr Cn m O sample 2 x J24 6 hr Hardness (mg/1) 43 Spec. Cond. (umhos) 130 tot 69 Chlorine (mg/1) 0.00 0.00 Sample temp. at receipt 0.6 2.1 Concentration Mortality LC50= % Method of Determination 95% Confidence Moving Avg. Probit F d % - % Spearman Other Organism Tested: Cerioda hnia dubia Test Duration (Hours): Laboratory Certification IDS NC Wastewater 40 REPORT OF LABORATORY ANALYSIS NC Drinking Water 37712 This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. Note: Please Complete This Section also start/end start/end Control High Conc. tp— Laboratory Certification IDS TN Drinking Water 02980 SC Environmental 99030 ;!' NORT'__ _:AROLINA DEPART, NT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION January 28, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey Carolina Mountain Spring Water Company Post Office Box 1610 Hot Springs, Arkansas 71902 SUBJECT: NOTICE OF VIOLATION AND ASSESSMENT of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO067954 Carolina Mountain Spring Water Company Case No. LV 00-031 Jackson County Dear Mr. Ivey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,300.00 ($1,250.00 civil penalty + $50.00 enforcement" costs) against Carolina Mountain Spring Water Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Carolina Mountain Spring Water Company for the month of October, 1999. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO067954 The violations which occurred in October, 1999 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter- of law that Carolina Mountain Spring Water Company violated the terms, conditions or requirements of NPDES Permit NCO067954 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty of not more than twenty-five thousand dollars ($25,000.00), INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER 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, Forrest R. Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil -penalty assessment against Carolina Mountain Spring Water Company: $ 1,000,00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for BOD. $ 250.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for BOD. $ 1,250.00 TOTAL CIVIL PENALTY, which is 5 percent of the maximum penalty authorized by G.S. 143- 215.6A. $ 50.00 Enforcement costs. $ 1,300.00 . TOTAL AMOUNT DUE -2- Pursuant to G.S. 143-215.6A(c), in determining the amount of the 'penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally, (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses; the option of an administrative -3- hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b)) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter. of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the -4- Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within the days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will' result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. W. E. Anderson of the Asheville Regional Office at 828/251-6208. a- )te) ATTACHMENTS � 70�w r foo6rr'e'st R. Westall Water Quality Regional Supervisor Asheville Region Division of Water Quality cc Bill Anderson w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments -5- ATTACHMENT A CAROLINA MOUNTAIN SPRING WATER COMPANY NPDES Number NC0067954 Case Number LV 00-031 Limit Violations, October, 1999 Monthly Average Limit Violations Parameter Reported Value Limit Units BOD 16 10 Mg/1 Daily Maximum Limit Violations Parameter Date Reported Value Limit Units BOD 10/12/99 23 15 Mg/l Effluent Monitoring Violations, October 1999 Required Monitoring Parameter Monitoring Frequency Location Insufficient Values Parameter Date Number of Insufficient Values -7- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND CAROLINA MOUNTAIN SPRING ) STIPULATION OF FACTS WATER COMPANY ) FILE NO. LV 00-031 PERMIT NO. NC00G7954 ) Having been assessed civil penalties totaling $1,300.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 28, 2000, 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. This the day of , 2000. i� ADDRESS TELEPHONE -9- DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Carolina Mountain Spring Water Company County: Jackson Case Number: LV 00-031 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the pub c health, or to private property resulting from the violation; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) The uration and gravity of the violation; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 3) The6ffect on ground or surface water quantity or quality or on air quality; JL4 not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 4) ThEst of rectifying the damage; e ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 5) The amount of money saved b non-compliance; ( ) not significant ( oderately significant ( ) significant ( ) very significant ( ) extremely significant 6) Whet r the violation was committed willfully or intentionally; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 7) Tanot 'or record of the violator in complying or failing to comply with programs ich the Environmental Management Commission has regulatory authority; and 5 significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) The cat to the State of ( not significant ( ) ( ) very significant o-v Dat the enforcement procedures. moderately significant ( ) significant ( _)extremely significant ?6rrest R': Westall, Water Quality Supervisor Asheville Regional Office REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Kerr T. Stevens, Director Division of Water Quality -6- DMR REVIEW RECORD Facility: Carolina Mountain Spring Water Company Permit/Pipe No.: NCO067954 Month/Year: October 1999 Monthly Average Violations Parameter Permit Limit DMR Value % Over Limit BOD 10 mg/l 16 ma/1 60 Date Parameter 10/12/99 BOD Daily Violations Permit Limit/Tyke 15 ma/1 DMR Value %Over Limit 22 mg/1 46.6 Monitoring Frequency Violations Date Parameter Permit Frequency Values Reported # of Violations Other Violations Y Completed b : Z - Date: 2� i,� P oo -8- State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director March 8, 2000 Mr. Craig Ivey P.o. Box 1610 Hot Springs, AR 71902 1•• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Payment Acknowledgement Civil Penalty Assessment Carolina Mtn. Spring Water Co. Jackson County Permit No: NCO067954 LV 00-031 Dear Mr. Craig Ivey: This letter is to acknowledge receipt of check No. 015627 in the amount of $1,300.00 received from you dated March 07, 2000. This payment satisfies in full the 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 Rob Lang at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit Cc: Enforcement File #: LV 00 -031 �) $-- ARO Regional -Office Supervisors MAR — 'If 9 2000 ' t Central Files dVA►E' U -tl 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper State of North Carolina Department of Environment / and Natural Resources Division of Water Quality 1 James B. Hunt, Jr., Governor MCDF-MR Bill Holman, Secretary Kerr T. Stevens Director — ' - - NORTH CAROLINA DEPARTMENT OF February 15, 2000 Craig Ivey P.o. Box 1610 Hot Springs, AR 71902 ENVIRONMENT AND NATURAL RESOURCES E 7 2000 LITYSECTIONEGIONAL OFFICE Subject: Payment Acknowledgement Civil Penalty Assessment Carolina Mtn. Spring Water Co. Jackson County Permit No: NCO067954 LV 99-583 Dear Craig Ivey: This letter is to acknowledge receipt of check No. 015318 in the amount of $1,050.00 received from you dated February 07, 2000. This payment satisfies in full the 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 Vanessa Manuel at (919) 733-5083. Sincerely, E. Shannon Langley, Supervisor Point Source Compliance/Enforcement Unit Cc: Enforcement File #: LV 99 - 5 8 3 gARO-Rcgional=Office Supervisor; Central Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 9 733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of -North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary ]Kerr T. Stevens, Director FEB 9 d 9000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 297 820 044 CRAIG IVEY CAROLINA MTN. SPRING WATER CO. P.O. BOX 1610 HOT SPRINGS, AR 71902 INA 1 • • IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Remission Request of Civil Penalty Assessment Carolina Mtn. Spring Water Co. Case Number LV 99-461 NPDES Permit Number NCO067954 Jackson County Dear Mr. Ivey: Ir 0 N d Is FM 1:7 2MO WATFR Al iai iTv KrFinm I have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have not found grounds to modify the civil penalty assessment of $1,050.00. Should you choose to pay the assessed penalty, payment should be tendered to me at the letterhead address within thirty (30) days of the receipt of this letter. Please make checks payable to the Department of Environment and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised of members of the Environmental Management Commission. The Committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the Committee, and the Division Staff will argue against any reduction of the assessment. Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty (30) days of the receipt of this letter. Your request will be scheduled to be heard on the agenda of the next scheduled Committee meeting, and you will be notified of the 1617 Mail Service Center, Raleigh, N. C. 27699-1617 Telephone 919-733-SO83 Fax 919-715-6048 An Equal Opportunity Affirmative Action Employer SO% recycled/10% post -consumer paper date and time. If the Division does not receive a response regarding this notice, Division staff will automatically place your case on the agenda for an upcoming Committee meeting. If you have any questions about this letter, please contact Vanessa Manuel at 919/733-5083, extension 532. Thank you for your cooperation in this matter. Sincerely, Kerr T. Stevens Cc: Ashev_ ille-Region WQ-S.upery sor 1 Enforcement File Central Files w 4h .. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ASHEVILLE REGIONAL OFFICE WATER QUALITY SECTION March 17, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey. Carolina Mountain Spring Water Company Post Office Box 1610 Hot Springs, Arkansas 71902 SUBJECT: NOTICE OF VIOLATION AND ASSESSMENT of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NCO067954 Carolina Mountain Spring Water Company Case No. LV 00-081 Jackson County Dear Mr. Ivey: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,300.00 ($1,250.00 civil penalty + $50.00 enforcement costs) against Carolina Mountain Spring Water Company. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Carolina Mountain Spring Water Company for the month of December, 1999. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO067954 The violations which occurred in December, 1999 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Carolina Mountain Spring Water Company violated the terms, conditions or requirements of NPDES Permit NCO067954 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty of not more than twenty-five thousand dollars ($25,000.00), in accordance with the maximums established by -I- .: .:Z. O.. 1 0,. INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NORTH CAROLINA 2BB01-2414 PHONE 828-251-6208 FAX 828-251-6452 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER N.C.G.S. 143-215.1(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Forrest R. Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Carolina Mountain Spring Water Company: $ 1,000.00 for 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit monthly average effluent limits for BOD. $ 250.00 for 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0067954, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for BOD. $ 1,250.00 TOTAL CIVIL PENALTY, which is 5 percent of the maximum penalty authorized by G.S. 143- 215.6A. $ 50.00 Enforcement costs. $ 1,300.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was committed willfully or intentionally; -2- .r (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: 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 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. -3- Please submit this information to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center . Raleigh, North Carolina .27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. •V 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan McLawhorn, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violatiori(s) may be the subject of anew enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. W. E. Anderson'of the Asheville Regional Office at 828/251-6208. - (Da ) ATTACHMENTS r rrest R. Westall ater Quality Regional Supervisor Asheville Region Division of Water Quality cc: Bill.Anderson w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments- -5- ATTACHMENT A CAROLINA MOUNTAIN SPRING WATER COMPANY NPDES Number NCO067954 Case Number LV 00-081 Limit Violations, December, 1999 Monthly Average Limit Violations Parameter Reported Value Limit BOD. 16.5. 10 Daily Maximum Limit Violations Parameter Date Reported Value Limit BOD .12/13/99 22 1.5 Effluent Monitoring Violations Required Monitoring' Parameter Monitoring Frequency Location Units Mg/1 Insufficient Values Parameter Date Number of Insufficient Values Units Mg/l -7- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) CAROLINA MOUNTAIN SPRING ) WATER COMPANY ) PERMIT NO. NCOOG7954 ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS - FILE NO. LV 00-081 Having been assessed civil penalties totaling $1,300.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 17, 2000, 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. This the day of ADDRESS TELEPHONE 2000. -9- DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Carolina Mountain Spring Water Company County: Jackson Case Number: LV 00-081 ASSESSMENT FACTORS 1) The degre and extent of harm to the natural resources of the State, to the public health, or to pri to property resulting from the violation; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 2) The dur ion and gravity of the violation; not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 3) The effpA on ground or surface water quantity or quality or on air quality; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 4) The cos f rectifying the damage; ( not significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 5) The amount of money saved by no compliance; ( ) not significant ( moderately significant ( ) significant ( ) very significant ( ) extremely significant 6) Whether a violation was committed willfully or intentionally; L.Vnot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Envir ntal Management Commission has regulatory authority; and ( of significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 8) The cthe State of the enforcement procedures. ( ost not significant ( ) moderately significant ( ) significant very significant (� 2x ely sign' icant Date F rrest R. Westall, Water Quality Superviso sheville Regional office REMISSION FACTORS ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; and ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Kerr T. Stevens, Director Division of Water Quality I Me J DMR REVIEW RECORD Facility: Carolina Mountain Spring Water Company Permit/Pipe No.:NCO067954 Month/Year: December 1999 Monthly Average Violations .Parameter Permit Limit DMR Value % Over Limit BOD 10 mg/1 16.5 m9/1 60 Daily Violations Date Parameter Permit Limit/Type DMR Value%Over Limit 10/12/99 BOD 15 mg/1 22 mg/l 46.6 Monitoring Frequency Violations Date Parameter Permit Frequency Values Reported # Violations Other Violations Completed by: �. Date: 4 r`' jv, 06 10 319100 242.6 LBSI[ 31.48 MG/L 46 MG/L 16.5 MGIL 42.1 MG/L 31 MG/L 54.7 MG/L 0.0165 MGD 4.88 MG/L 1500 MG/L i0.56 MGIL 14.86 MG/L 32.78 MGlL 0.14 MGD a.1841 MGD 49.5 MG/L 65 MGIL 51FMG/L4.40321180.449.20.051 43.3 MG/L 4.16 MG/L 27.1 MGIL 113 MG/L 60045 MGD Monthly Managces Report 'a Keamd Through Feb m iry 18 P003 0 pa+'m puti Re94 petitn'�Oac�CttY , 209 00530 RES/TSS 00 AAAO NC0000299 BASFCORPOFIATION ENRX PLANT 30 00[ 0 BOD 001 01 NC0020290 EURNSV[LLE, TOWN OF - W*Tp 30 00310 BOD CO041181 OALDWELL COSCFi-HAPP1t' VALLEY G0067984 OAROLINA Mira. SPRING WATER CO. 10 00310 BOD 3500610 NH3+NH X1O 000353 CHEROKEE CO SCH-HIWASSEE DAM CO02�48C5 COT-HAYWOOD CC,, 1-40 R-EST ARFjk 30 00310 130D 30 00310 BOD C0031924 FLESHER'5FAIRVI€:WRESTHOME QIMGD _0.0185005a C0034924 6LESHER'S FAiRVII::W REST HOjrfE 400610 NH3-N 001 01 NC008i30 5 HENDERSON CO UTIL-EDNEYVILL E - 29 00610 NH3+N1-14-001 DI N00067149 NCDOWELL CC SCH. - NEBO ELEM. 2.38 01067 NICKEL °001 01 NC005'8i METAL IN uSTSTRIE,;, INC. -_ 12 00610 NH3+NH4-001 01 NC0066737 Fr1ITCHELL CO. SCH,-MITCH-LL H•S 30 00310 BOD 001 01 NC0025903 HUTHERFORDTOWTOWN - WWTP -_ 0A2 50050 Q1MGD Oat 01 NC002;S281 T POCO LODGE & VILLAGR WW1•p 0.005 50050 30 a0310 40 00530 40 00530 QlMGD BOD RES/TSS RES/TSS 001 001 001 001 001 MRO G C3 C3 C3 NCO02, ►547 EELMON' NCO06(38i �_EVEtA NCOOS('389 CLEVELA NC00e6i CLEVELA NC003f.2r, CMUD-M( 3.5 50050 Q!-MGD 200 31618 F=EC'COL! 001 03 NC0 47S4 COMM:ZC 30 00530 RESITSS 001 03' NC006524 CROV z a.a33 500Ea c /MGD 701 03 NC0074772 HEATER I 30 005ti0 RESITSS 501 NC007ifi15 HOMEH'�S 4 00610 NH3-N )01 ' 0.3 N00061786 P:)PLAP 10 00310 BOD Jai 03 NC0025517 Ut,IiON t�C 30 00535 RESITSS 001 0 NC002851 Ui ION I:C ,0025150050 ClfMGD �?01 fO3 NCO0637$� 41' ilSP_'F3 0 14 =A irLt MAUHINERY CO. CC[. SCH-BURNS MIDDLE GASTON CLEVELAM CC. SCH-BURLS MirbLE CLEVELANI CC. SCH-CREST HIGH Ci.EVELANI SWELL sORl F' EEK tiYW MECKLENB ,iwr---VTR CLEVELAM JD 4M0ND HUD WVVTP IREDELL IL, SUl3DIVISI&N - IRI:DELL CABARRUS 3E4ARKWOOC MiDCFLE )E-°ARKWOOC MIDDLE UNION I lA inn► 1 m W Flo`N w N 1.2s00 m m .8000 .0080 a .0060 .00a8 W .0280 .0160 LD a160 LO .0300 ui w .0076 m .a10a n .0144 1.0000 .0200 .0050 .0200 .0200 • .0175 3,OOa0 :E .0200' .1000 H .033a z .0250 .005s � 0120 m .o1�a 0025 Should you find data entry errors orgy the printout please caflMichele Phillips ate xt.104. S';rouk/yov find errors with pe, nrn• limitsFlease call Robert Farrier at ext, 531 or Rob Lang at exc 361. T b m - m rJ CS) cn 03/09/2000 14:13 919733--- 2 r1) FAX TO: DWQ POINT SOUR" — Division. of Water Quality Water Quality Section 1617 Mail Service Center Raleigh, NC 27699-1617 FAX: (919) 733 — 9919 March 9, 2000 ,ARO Attention: Forrest Westall FRO Attention: Paul Rawls MRO Attention: Rex Gleason RRO Attention: Ken Schuster WA12.O Attention: Jim Mulligan/Barry Adams WIERO Attention: Rick Shiver WSRO Attention : Larry Coble FROM: Jeanne Fhillip3. PHONE: (919) 733 — 5083, ext. 598 NO. OF PAGES INCLUDING TMS SIMET: 5 PAGE 01/05 �A- Attached is a list of ;Facilities which were found to be noncompliant with monthly average limits for the month of December 1999 and one late received violation for November 1999 for Asheville. Please be aware that, as with any database retrieval, data errors may occur. Additionally, some facilities listed may be under an SOC or pending an SnC . e eyl,,,,,,, h, �, A a � , .1 �w v Ta uuu4LL tU UA1-AVIL Of the limit column and denotes whether it is a final (F) or an SOC (S)limit. i /T Total phosphorus values are listed On this report although those values may be quarterly averages and not monthly averages. Per the policy, do not assess unless a monthly average value has also been triggered. Should you have any questions regarding the crew enforcement policy, please contact me, Shannon Langley (ext_ 516), Vanessa Manuel (ext. 532) or Bob Sledge (ext. 547). Should you find data entry errors on the printout please call Michele ,Phillips at ext 534. Should you find errors with permit limits please call Robert Farmer at eA 531 or Rob Lang at ext. 361. Thanks for yo sistance. cc: Sh=on La .l . y 130b Sledge Vanessa Manuel Dwight Lancaster Robert F mer Rob Lang Marcia Lieber ERL FEB 0 3 EFMUENT NPDES PERMIT NO. q DISQHARGENO. 001- MONTHPeCeMbe-y' YEAR FACILITY NAME-C-cxrz)))')Aa- MLtn Woc�r-7- CLASS COUNTY OPERATOR IN RESPONSIBLE CHARGE (ORC) GRADE .!L--WPHONE CERTIFIED LABORATORIES (1). TcLc-e- CHECK BOX IF ORC HAS CHANGED F-] PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x -M L') DIV. OF ENVIRONMENTAL MANAGEMENT ATURE GE) DEHNR 01 THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS. P.O. BOX .29535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 27626-0535 ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW ■ I m =7 IN VA Em 1mg-010FARMmim, Immmomimmm Immmimmmmimmummomim m1mmim mmmoom DEM Form MR-1 (12/93) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Pe flee (Please print or type) nature of Permittee** Oate -79 Permittee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 .BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. * ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B). ** If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (D)• 0 AnalytiGplY u JUL - 3 2000 Carolina Mountain Water NPDES#NC 0067954 y Performing Test . PACE Aftalytical Services, Inc. of Operator in Re6ponsible Charge i Pace Analytical Services, Inc. U 54 Ravenscroft Drive Asheville, NC 28801 1 Form Chronic Pass/Fail and Acute LC50 Phone:828,254.7176 Date 6\19\00 Fax: 828.252.4618 Pipe # 001 County Jackson Comments Replicate #10 was spilled. This was not included In the statistical data. ure 7,r Z.V.o S.W., I Samples Not Aerated Unless Otherwise Noted Environmental Sciences Branch Chronic Test Results MAIL ORIGINAL TO: Div. of N.C. DENatRer Quality Calculated t -2.796 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Tabular t 2.518 North Carolina Cej&xfapbnia Chronic Pass/Fail Reproduction Toxicity Test % Reduction 0 CONTROL ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 % Mortality Avg. Reprod. Control 8.3 Control 20.4 # Young Produced 18 24 21 19 22 21 17 19 24 20 19 21 Adult Live Dead D L L L L L L L L L L L Effluent% 11 Treatment 2 0 Treatment 2 23.0 TREATMENT 2 ORGANISMS 1 2 3 4 5 6 7 8 9 10 11 12 Cnntrnl r.V F-1-0—T-1 PASS FAIL # Young Produced 23 26 21 26 25 24 24 21 20 - 23 20 %control organisms producing 3rd brood 100 X Adult (L)ive (D)ead L L L L L L L L L - L L Check One 1 St 1 St 2nd IComplete This For Either Test I 6\7\00 PH Control 8.0 7.3 7.8 7.2 7.3 7.1 Collection Start Date Treatment 7.5 7.6 7.6 7.6 7.2 7.9 Sample 1 6\5\00 Sample 2 6\8\00 S E S E S E Samuel Type/Duration t n t n t n Z: vM a d a d a d Grab Comp. Duration „� Ia CL o o r r r Sample 1 0 vo m t t t X 24 hr m m o v , 1 St 1 St 2nd Sample 2 X 24 hr D.0 Control 7.8 7.6 7.9 7.2 7.7 7.3 Hardness (mg/1) 47 Treatment 7.4 7.7 7.3 7.1 7.5 7.1 Soso. Cond. (umhos) 124 11e 1 1es Chlorine (mg/1) U004 0.00 LC50/Acute Toxicity Test Sample temp. at receipt (Cl 0.5 (Mortality expressed as %. combining replicates) % % % % % % % % Concentration Note: Please Complete This Section also Mortality LC50= % Method of Determination 95% Confidence Moving Avg. Probit % - % Spearman Other Organism Tested: Cerioda hnia dubia Test Duration (Hours): start/end start/end Control High Conc. p Laboratory Certification IN REPORT OF LABORATORY ANALYSIS Laboratory Certification IN NC Wastewater 40 TN Drinking Water 02980 NC Drinking Water 37712 This report shall not be reproduced, except in full, SC Environmental 99030 without the written consent of Pace Analytical Services, Inc. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Craig Ivey, Director Carolina -Mountain Spring Water Company PO Box 1610 Hot Springs, Arizona 71902 1 � • NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 17, 2000 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO067954 Carolina Mountain Spring Water WWTP Jackson County Dear Mr. Ivey: 1V Cfl 0 q This is to inform you that the Environmental Sciences Branch has not received your quarterly toxicity monitoring report for the month of December 1999. This is in violation of Title 15 of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (a)(1)(A) which states, "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made." You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of December until you make acceptable demonstration to, the Environmental Sciences Branch that the December 1999 AT report form was submitted to this office within the 30 day reporting period. In addition, if within the next twelve (12) months, future reports are not received within the required time frame, you may be assessed a civil penalty. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary page and if you have any questions concerning this Notice or any aspect of your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. cc: ForresttW as 11-Asheville Regional Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files Central Files Mailing Address 1621 Mail Service Center Raleigh, NC 27699-1621 Sincerely, Ji Over Assistant Water Quality Section Chief for Environmental Sciences Telephone (919) 733-2136 Fax (919) 733-9959 State Courier #52-01-00 Location: 4401 Reedy Creek Read Raleigh, NC 27699-1621 .Ar. Equal Opportunity Attirmative .Action Emp!eyer 5n racy !erii1 n % post consi riser Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION > The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in vour NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733- 2136 or another Unit representative at the same number. > The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. > The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 .EIJ ADDITION' Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 > Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. > Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June. September, and December, then toxicity testing must be conducted during these months). > If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during tllle first six months of the c,, eudai• year. > If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. > If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. > To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting Your toxicity test results certified niail, return receipt requested to the Environmental Sciences Branch. 'Mountain Talley ($pring company 150 Central Avenue w P.O. Box 1610 Hot Springs National Park, Arkansas 71902 uiNuini�uii�iH�� ?000 1530 0004 9489 ?461 Mr. Forrest R. Westall Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 ■ Co lete items 1, 2, and 3. Also complete it if Restricted Delivery is desired.. ■ Pn our name and address -on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space -permits. `---- i B. Received D. Is 1. Article A recessed to: w If Val_ ?? i (r; P0,11 01 LClt, s UOTS RINGS Aft 702 } 2. Article Number ❑ Agent ❑ Addressei b, Date of Deliver) n item 1? ❑ Yes below: ❑ No ,Express Mail Return Receipt,fbt Merchandis( ❑ Insured Mail / 1P C.O.D. 4. Restricted Delivery? (Extra Fee)- ❑_Yes PS Form 3811. February 2004 DomesticReturnReceinfV6 L), �a�_ M UNITED STATES POSTAL SERVICE ��� First -Class Mail Postage & Fees Paid LISPS Permit No. G-16 ° Sender: Please printyour name, address, and Z|P+4inthis box ° ITx. ^v,m, ai 9WDER: I also wish to receive the ■ complete items 1 and/or 2 for additional services. following services (for an W waMplete items 3, 4a, and 4b. iiIIIIIIIIIIIiyour name and address on the reverse of this form so that we can return this extra fee): o . ■ Attacth thyouis form to the front of the mallpiece, or on the back if space does not 1. ❑ Addressee's Address permit. ■Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery w ■ The Return Receipt will show to whom the article was delivered and the date delivered. postmaster Consult stmaster for fee. 0 3. Article Addressed to: 4a. Article Number dh_Sra mice Type vIR CRAIG IVEY iistered W-1 ertified AROLINA MOUNTAIN SPRING WATER COMPANY ❑ Insured 'OST OFFICE BOX 1610 ! ecei�Yfor �l@ ndise ❑COD °• JOT SPRINGS AK 71902 f D '(w ry 9� 5. Received By: (Print Name) 8.1148ss: n ddress� my if requested c a ° a s1 6. S�(ddres r g t �LISPSO_� •v i� iji! i ieii ii,i iiiii i i- iili illi I )Iii H J lilii i 2 PS Form 3811, December 1994 102595-99-13-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE "�Cvl% po jF,,sj Clims M Postk gi_ SPS _Fi6m4it No. G 0 - 1P Jv Wtth Mfg.61ina Department Onvirom-nent and Natural Resources INICDEN'R 59 Woodfin Place Asheville, JTC 28801-2414 -DIV OFAVATERQUALITY.-_ FO: MR WII,F,1AM E ANDERSON DENR-DWQ-WQS 59 WOODFIN PLACE ASHEVILLE NC 28W4