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.
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Longitude: 83004'42" Subbasin: 031302
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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 — --=
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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
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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
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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.
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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
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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. Division of Water Oualitv 1617 Mail Service Center Rafeiah_ NC 27699-1617
(919) 733-7015
EVIR
1
NCDENR
Customer Service
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15Q;CENTRAL`AVENUE�P:0-.-- - X;16'to HQT-SPRILVGS-Nf�TIQNA--CPARk, ARkAN-SAS 71.902 : TEL .(50,1.) 623 6671�FA)C' (50;1):623 a135_�
�OF W aTERQ ' Michael F. Easley
�O Governor
. ._ _ �. - _. - . _ William-G:_Ross, Jr., Secretary
> North Carolina Department of Environment and Natural Resources
Kerr T. 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
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4b. Service Type
E ^ ) ❑Registered certified q
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❑ Express Mail ❑ Insured
Retum Receipt for Merchandise ❑ COD
-3 c� Z gQ?i 7 ,Llat� of Delivery
Q�l� �J / 3J G
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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
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MAIL ORIGINAL TO: "J� �>vAL
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4401 Reedy Creek Road.L�Iaulated t
Raleigh, North Carolina - 27607
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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
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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
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Section also
start/end start/end
Control
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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
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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