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HomeMy WebLinkAboutNC0068918_Regional Office Physical File Scan Up To 12/9/2020NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Cody S. Jones P.O. Box 20670 Charleston, South Carolina 29413 Dear Mr. Jones: Division of Water Quality Charles Wakild, P.E. Director November 2, 2012 Subject: NPDES PERMIT ISSUANCE Permit Number NCO068918 Cedar Hill WWTP — Class II Jackson County Dee Freeman Secretary Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. 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, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, Maureen Kinney of my staff at (919) 807-6388. Charles Wakild. P cc: Central Files NPDES Unit Files Wshe'vil'le Regional -Office 1617 Mail Service Center,-Raleigh,-North-Carolina-27699 1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: http://portal.ncdenr.org/web/wq/home 3 --1I1 i NOV 16 2012 l.:d LUATER QUALITY SECTION ' ASHEVILLE REGIONAL OFFICE �•,Qlle..u,��, 1torthCarohna An Equal Opportunity 1 Affirmative Action Employer Permit NCO068918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Cedar Beach Investment Group, LLC is hereby authorized to discharge wastewater from a facility located at the Cedar Hill WWTP US 64 East at Cedar Hill Jackson County to receiving waters designated as Horsepasture 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 December 1, 2012. This permit and authorization to discharge shall expire at midnight on August 31, 2017. Signed this day November 2, 2012. Cha Wakild, P.E., Director Di 'sion of Water Quality By Authority of the Environmental Management Commission Permit NCO068918 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Cedar Beach Investment Group, LLC is hereby authorized to: 1. Continue to operate an existing 0.10 MGD wastewater treatment facility with the following components: • 26,709 gallon aeration • 8,325 flow equalization • 5,327 gallon clarifiers • 4,435 gallon sludge holding • 800 gallon chlorine contact chamber • 300 gallon de -chlorine post aeration chamber • Dual 7.5 hp main plant blowers 1.0 hp flow equalization blower • Flow meter This facility is located and West of Cedar Hill Road, on Hwy 64 East, Cashiers, in Jackson County. r 2. Discharge from said treatment works, through Outfall 001 at the location specified on the attached map, into the Horsepasture River, currently classified C-Trout waters in sub -basin 03-13-02 of the Savannah Broad River Basin. V V1 f OUTFALL 001 Z. ; �°' f 2, JI A, Cedar Beach Investment Group, LLC Cedar Hill WWTP County: Jackson Stream Class: C-Trout Receiving Stream: Horsepasture River - Sub -Basin: 03-13-02 Latitude: 35' 08' 03" Grid/Qua1 Big Ridge Longitude: BY 04' 14" HUC#. 03060101 Facility Location (not to scale) NORTH NPDES Permit: NC0068918. Permit NCO068918 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Tye Location Flow 0.10 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L, 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N — Summer* 11.0 mg/L 3 5. 0 mg/L Weekly Composite Effluent C0610 NH3 as N — Winter* 14.0 mg/L 3 5. 0 ug/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 i Total Residual Chlorine 28 µg/L 2/Week Grab Effluent 50060 Temperature oC Monitor & Report Daily Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Monitor &Report Semi - Composite Effluent C0600 AnnuallyTotal Monitor & Report Semi - Composite Effluent C0665hosphorus Annually pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00300 Standard Units *Summer: April 1 — October 31 *Winter: November 1 —March 31 Footnote: 1. The limit for total residual chlorine is only if chlorine is used for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. WDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. - Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 'DES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samL ples of at least 100 mcollected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 WDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe propeity damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 "DES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day. of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against -any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 WDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Sanatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall - responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11/09/2011 'DES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina' Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 1PDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 'DES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 4PDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection 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 is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 "DES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entey The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 1PDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011 'DES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 WDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-3941, no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 'DES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [ 15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SILT); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 1PDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 'DES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(1 3),.0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 1PDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(l ). ,[15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)1 5. Industrial User Pretreatment Permits (RJP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial. Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limutations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of 'the HWA and the limits from all 1UPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTV►W as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and..0917; 40 CFR 403.5, 403.8(f)(1)(ii) NCGS 143-215.67(a)] 6. Authorization to, Construct (AtQ The Permittee shall ensure that an Authorization to Construct pernut (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all, Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. PO,TW Inspection & Monitoring. of their IiJs The Permittee shall conduct inspection, surveillance,, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] 'The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at feast once per, calendar year for all S'IU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e) and ;c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2)', and either continue or revoke the designation as non- significant. 8, IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908'. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(i)(1)(v) and (2)(iii); 40 CFR 122.440)(2). and 40 CFR 403.12] 9. Enforcement Response Plan (ERP The Permittee shall enforce and obtainappropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment. requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response. Plan (ERP) approved by the Division. [15A NCAC 0214.0903(b)(7), .0906(b)(8) and .0905 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H ;0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment. requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report. (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following. address:. Version 110912011 10 4 i . 'DES Permit Standard' Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response;; and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina '27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative" A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program SummM (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (1Us) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (1135F) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement. compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the, pretreatment implementation requirements of this permit 11. Public Notice. The Permittee shall publish annually a last of Industrial Users (IUs) that were in significant noncompliance (SNC) asi defined in the Permittee's Division -approved 'Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903 (b)(34),.0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping. The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records; water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Penn ittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905 40 CFR 403.8(f)(3), 403.9(b)(3)]' 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not, limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications,, shall be considered'a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H 0907'. Version 1110912011 , A7'F9 . pG Ll7 r Na 1< James C. Woodham .Resources Planning Corporation P.O. Box 1298 . . Cashiers, North Carolina 28717 Dear Mr. Woodham: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division' ofWat&Qualityf ' ,------------------ October 1, 2007 1 f OCT - 8 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Issuance ofNPDES" Permit NCO068918 Cedar Hill WWTP Jackson County Division personnel. have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit includes no major changes from the draft permit sent to you on August 1, 2007. If any -parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit. is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any'questions concerning this permit, please contact Bob Guerra at telephone number (919) 733-5083, extension 539. . Sincerely, V .9 Coleen H. Sullins cc: Central Files hevl�re R gio ^Offices/ Surface Water Protection NPD nit All Caa!; roli a AMar North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwateEgualiLy.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/101/6 Post Consumer Paper Permit NCO068918 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 James C. Woodham is hereby authorized to discharge wastewater from a facility located at the Cedar Hill WW'TP US 64 East at Cedar Hill Jackson County to receiving waters designated as Horespasture 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 November 1, 2007. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day October 1, 2007. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO068918 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore., the exclusive authority to operate and discharge from this facility arises under the permit conditions, . requirements, terms, and provisions included herein. Cedar Hill WWTP, Incorporated is hereby authorized to: 1. Continue to operate anexisting 0.10 MGD wastewater treatment facility with the following components: • 8,325 gallon equalization tank with submersible pump . • Standard metal static bar screen • 25,000 aeration -tank • Dual clarifiers • Tablet chlorination tank and tablet Dechlorination • Effluent flow monitoring and sampling • Sludge holding tank with a 30 day holding capacity • Effluent lift station with duplex submersible pumps, and • "Diesel powered standby generator '' L�7 f I C3�t D71 ! Y' O Dct n E .t7 ©LJE Ir P1� • a This facility is located and West of Cedar. Hill Road, on Hwy 64 East, Cashiers, in Jackson County. 2. Discharge from said treatment works, through Outfall 001, into the Horsepasture River, classified C-Trout waters in the Savannah Broad River Basin, at the . location specified on the attached map. Resources Planning Corp Cedar Hill WWTP Latitude: 350 41' 44" N State Grid: Big Ridge Longitude: 83° 04' 15" W Permitted Flow: 0.100 MGD Receiving Stream: Horsepasture River Drainage Basin: Savannah River Basin Stream Class: C - Trout Sub -Basin: 03-13-02 4 Facility. Location not to scale No ith NPDES Permit No. NCO068918 Jackson County Permit NC0068918 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: 5..... s...: - 4^' Y'RPx-`z. "� f TDmK <EFFLUf F s� �v t• r�h+°r „L vs.$.-..�' f Spa' t 2 .� 4".^�i'y+-:4 "'R'S.ti 'i�5' 4ITSFvYu� y `X v 4i�tf ' yY 33 i' C�,•- i'p "N l �kMOAIi>ORIIVG REQUIREMENTS t r"d+L"��`� �"' 14iA A /+��+e� k'raCi xi,,sf ARAGTERIS_ IN�7�"6„r'' yy.'C+�xc .'� 1.�- s��X.i.�� "`a,- DailyMaximum41�easurerrent°am &F"��,F"5����s .NOW. t^ir^7k�,. Y �`r..'�`u'fv ra%�,,,. r _`. .a f, .^+gin 00 *Ie Type Samp a tocatio ON`�'� Flow 0.10 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NHs as N 11.0 mg/L 35.0 mg/L Weekly Composite - Effluent (April 1 — October 31 NH3 as N 14.0 mg/L 35.0 ug/L Weekly Composite Effluent (November 1 -_ March 31 Fecal Coliform 200/ 100 mL _ 400/ 100 mL Weekly Grab Effluent (geometric mean Total Residual Chlorine 28.0 ug/L 2/Week Grab Effluent Temperature oC Monitor & Report Daily Grab Effluent Total Nitrogen Monitor & Report Semi- Composite Effluent NO2+NO3+TKN Total Phosphorus Monitor & Report Annually Semi- Composite Effluent Annually Monitor & Report Weekly Grab Effluent W Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no. discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutantmeasured during the calendar year. In the case of fecal coliforan, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the neat day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Ouarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume; a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and. totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 8t1/2006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration .comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiting daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = L Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instreatn samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous. flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 81112006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(I of the Clean Water Act Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean .of all "daily discharges" of a pollutant measured during.the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comfy The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of'a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 3O7(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 4O5(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 4O2(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any, person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 4O2(a)(3) or 4O2(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more flan 2 years, or both. [40 of 122.41 (a) (2)] Versfon 6/1/2006 NPDES Permit Standard Conditions Page 4 of 16 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine"of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any"person who violates or fails to act in accordance with the terms, conditions, "or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to h itigte The Permittee shall take all reasonable steps to minimi>e or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and 'Tower Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily,suspended 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 5. RggpgM Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private "property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severa Version 81)2006 NPDES Permit Standard Conditions Page 5 of 16 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 12241 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Pernttee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signo atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section,,a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making, major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit. Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well -or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to .the Permit Issuing Authority [40 CFR 122.22] Version 8/1/2006 NPDES Permit Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: 'l 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 direcf<y responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. l am -aware that there are significant penaifies for submifting false information, including the possibility of fines and imprisonment for knowing violations.' 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution .control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,11I and IV facility roust: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility -is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 81112006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of. ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bypassing of Treatment Facilities L- a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40-CFR 122.41 (m) (3)] (� Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B). There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met.. No determination made during administrative review of claims -that Version 6/1/2006 �TPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. . b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify, the causes) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR- 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H 0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 lij)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 4 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Marl Service Center Raleigh, North Carolina 27699-1617 Version 81112006 NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring, location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving rninimum 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 Tamneririg The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CPR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application forthis permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CPR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individuals) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 8(12006 NPDES Permit Standard Conditions Page 10 of 16 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 P c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 01]. Section E Reporting Requirements L Change in Dischazge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged .This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (I). c. The alteration or addition results in a significant change in the Peunittee'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 anapproved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (I) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this Permit [40 CFR 122.41 (I) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report p1M R) (See Part U.' D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the- data submitted on the DNM Veidon 81112006 NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that .potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or ,planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part U. E. 5 and 6. of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Pem ttee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage. of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Regorts Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 8/112006 NPDES Permit Standard Conditions Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years .per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant i treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Pexmittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) 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 (l mg/L) for antimony; - (3) . Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or. infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Ve►don 8(112006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users 1. Effluent limitations are listed in Part I of this permit Other pollutants atttibutable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW;, e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may 'be necessary for the Permittee to, supplement the requirements of the Federal Pretreatment Standards (40 CM Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system.. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial'user, the Permittee shall either develop and submit to the Version 8/1/2006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and-(c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, 'and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the- development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Pennittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP& Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge- will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (!UP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8/1/2006 NPDES Permit Standard Conditions Page 15 of 16 6. Authorization to Construct,(AQ The Permittee shall ensure that an Authorization. to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit T P) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at- least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a.) Narrative A brief discussion of reasons for, status of, and actions taken for all. Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PP�SI A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report 4SSNNCR� The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (1DS4 Version VV2006 NPDES Permit Standard Conditions ' Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SILTS in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplishthe objectives of its approved pretreatment program 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version W12006 s State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 30, 2002 Mr. James C. Woodham Resources Planning Corporation P.O. Box 2185 Cashiers, North Carolina 28717 1 � • AW dM NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Issuance of NPDES Permit NCO068918 Cedar Hill Development WWTP Jackson County Dear Mr. Woodham: 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). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be `in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This, permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. cc: Central Files ev e Regional Office/a . a_ ter,Quallty Section NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, ORIGINAL SIGNED BY SUSAN A. WILSON Alan W. Klimek, P.E. GGT m 4 2002 + Telephone (919) 733-5083 FAX (919) 733-0719 Vlsrr us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES 0 Permit NCO068918 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, Resources Planning Corporation is hereby authorized to discharge wastewater from a facility located at the Cedar Hill Development WWTP On US Highway 64 east of Cashiers. Jackson County to receiving waters designated as Horsepasture 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 November 1, 2002. This permit and authorization to discharge shall expire at midnight on August 31, 2007. Signed this day September 30, 2002. ORIGINAL. SIGNED SV SUSAN A. WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO068918 SUPPLEMENT TO PERMIT COVER SHEET Resources Planning Corporation is hereby authorized to: 1. After receiving an Authorization to Construct from the Division of Water Quality, construct and operate a 0.10 MGD wastewater treatment system. The facility is located east of Cashiers at Cedar Hill Development WWTP at on US Highway 64 in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into Horsepasture River, classified C-Trout waters in the Savannah River Basin. • Latitude: 35°08'03" Stream Class: C-Trout Longitude: 83°04' 14" Subbasin: 031302 Quad # G6NE Receiving Stream: Horsepasture River Facility •:ice- �. Location NCO0689IS - Cedar Hill Development WWTP Jackson County Permit NC0068918 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 - a Weekly Avera Daily mAvera Measurement Frequency Sample Type Sample Location Flow 0.100 MGD Continuous Recording Influent or Effluent BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1— October 31 11.0 mg/L Weekly Composite Effluent NH3 as N November 1 — March 31 14.0 mg/L _ Weekly Composite Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 28 µg/L 2/Week Grab Effluent Temperature (°C) Daily Grab Effluent Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent Total Phosphorus Semi -Annually Composite Effluent pH' Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts • 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 L] PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Conunission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliforn bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. • Part II Page 2of11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. F only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility, which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tykes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples, collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or ® Part II Page 3of11 8. a. (2) a series of grab samples of equal volume collected over a 24-hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one 0). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dav: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. • Part II Page 4of11 1. b. The Clean Water Act provides that any person who' violates a permit condition is subject to a civil penalty, not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Understate law, a civil penalty of not more than ten thousand dollars ($10,000) per violation maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statute's 5 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to A itigaate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permits which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. PropeM Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. • { Part II Page 5of11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reap-ly If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatq= 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 Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities 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: (1) 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. 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 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." • 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 System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. RI -le 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 1. 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 perxnittee 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 permittee 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. Bsassing 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 Pernnittee 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. 5. 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 perrnittee 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 3 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 permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 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 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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 109/o 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 manufacturer's pump curves shall not be subject to this requirement. Part II Page 9of11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and 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 this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The 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 pernuttee 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. 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 Entev 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 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. 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) 0). 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 pennittee 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 pernlit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the pernzittee 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 this monitoring shall be included in the calculation and reporting of the data submitted in flee 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 pernuttee 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. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 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 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. Availabili 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 crininal 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. 0 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 pem ittee 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 (1 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 0 mg/L) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continuallv 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. n FEB 1 2 ftsourm Tlanning Corporation 4 1655 Palm Beach Lakes Blvd 763 Highway 107 South Suite 1010 C P.O. Box 1298 West Palm Beach, FL 33401 Cashiers, NC 28717 Telephone (561) 688-1119 Telephone (828) 743 2118 Facsimile (561) 688-1125 Facsimile (828) 743 3126 Mrs. Carolyn Bryant NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Please accept this request to renew NPDES Permit NCO068918 Resources Planning Corporation, Jackson County. There have been no changes at our facility since the issuance of the last permit. We are still operating on a no flow basis with our initial customers anticipated to come on line mid summer 2007. Please make the following correction to your files. DELETE ; Donald H. Parsons PO Box 2185 as the recipient of renewal form or any other communication regarding this permit. Please address all matters regarding this permit to JAMES C. WOODHAM, Resources Planning Corporation, PO Box 1298, Cashiers, NC 28717. Sincerely, pm-L� C. James C. Woodham RPC Manager KPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters -<I. Mail the complete application to: I FEB 1 2 2]007 N. C. Department of Environment and Natural Resources' Division. of Water Quality. / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699- - 1617 Qu/�i 1--v A K, NPDES Permit WC60 (a jq I If you are completing this form in cohipater use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box- Otherwise, please print or type. 1. Contact Information: 09TACT Owner Namee.�j0.,CQt?;;-1A4%es W064w* Facility Name Ce_A-ft-%-. kAvLL Mailing Address P 0 go Y I C),% City SP \ 1-ek-S State / Zip Code Telephone Number Fax Number e-mail Address 2. Location of facility producing discharge: Check here if same addr6ss as above F1 Street Address or State Road city State / Zip Code county At-KVLC 4tU, 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name P, 81 5v-s reArk S. XCo s Mailing Address 0) -90)(-/3cZS� & City sketzi 1-6e, 13 State Zip Code N.C. Telephone Number Fax Number 45 FEB 1 9 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1 of 2 Form-D 4105 NPDES APPLICATION - FORM D .For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description -of wastewater: Facility Generating Wastewater(check all that applyr , Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential 9?1 Number of Homes C'V t"r"2147'GY N 0 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s):of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc, CC1• {�C�1�17L`f -- •J�/� Gi l J�J �''1 /a-(• sOUtf'c-e- UAC/C., -be. rLeS t d eg -rr PtL , 6" U..d 41 I s [ o,f • Population served:' 5. Type of collection system Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points Outfall Identification number(s) D O 1 Is the outfall equipped with a diffuser? ❑ .Yes VNo 7. Name of receiving streams) (Provide a map showing the exact location of each outfallP. l�orse� sT�r�e 71 Vey 8. Frequency of Discharge: ❑ Continuous [Intermittent ctJ et ewmq -- go �UG� If intermittent: Days per week discharge occurs: Duration: 9. Describe -the-treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. �Loue See eN cLow.A QesdI PT 2 of 2 Form-D 4105 ivPDES APPLICATION - POIUI& ij For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow . MGD Ol °ok5 1f Annual Average daily flow/Vo f MGD (for the previous 3 years) Maximum daily. flow _ Q— '_MGD (for the..preyious. 3 years) 11. Is this facility located on. -Indian- country? ❑ Yes J�KNo 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-•hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Averagee Units of Measurement Biochemical Oxygen Demand (BOD5) A16 rn} Fecal Coliform tt It . Total Suspended Solids N %I .. 'L Temperature (Summer) K - u cc Temperature (Winter) PH q �t It 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES 9(,Dredge or fill(Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number • r 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. Ames C. 066J" IV) AN Printed name of Person Signing Title of Applicant Date *rth Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 'or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than .$25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 300 3 Form-D 4/05 4an 25 2007 4:31PM HP LASERJET FAX (61 k( __ Cedar Hill WWTP Description Phase 1- 25,000 gpd of 100,000 gpd permit consists of. 26,709 gallon aeration 8,325 flow equalization 5,327 gallon clarifiers 4,435 gallon sludge holding 800 gallon chlorine contact 300 gallon de -chlorine post aeration chamber Dual 7.5 hp main plant blowers 1.0 hp flow equalization blower Flow meter Sludge Management Plan The owner contracts with RPB Systems, Inc. of Asheville to maintain the system for daily O&M, maintenance, testing, lab sampling, reporting, and sludge management. RPB Systems, Inc. wastes sludge as needed to the sludge digester. Periodically the sludge is removed from the site by a sludge hauler. B&B Concrete Products, Inc. is the sludge hauler for this facility and will provide the sludge removal and hauling to the Tuckasegee WWI? in Sylva. B&B Concrete Products, Inc. will dispose of the sludge in an approved discharge location, pay for all tipping/disposal fees. p.2 Mr. Arthur W. Ryan Resources Planning Corporation P.O. Box 2446 Cashiers, NC 28717 Dear Mr. Ryan: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary �7TTI�21 "nni atural Resources �ek, P.E., Director v/ of Water Quality July 22, 2004 LWATER 2 6 2004 lJ UALITY SECTION REGIONAL OFFICE Subject: Authorization to Construct Permit Issuance ATC Number 068918AO1 NPDES Permit NC0068918 Jackson County a u .. A request for an Authorization to Construct (ATC) was received by the Division and final plans and specifications for the subject project have been found to be satisfactory. Authorization is hereby granted for construction of a 25,000 gpd extended aeration treatment facility at the Cedar Hill Wastewater Treatment Plant including: • An 8325 gallon flow equalization tank with submersible pump; • A standard metal static bar screen; • Aeration volume of at least 25,000 gallons including submerged diffused aerators; • Dual secondary clarifiers providing 5.2 hours of settling time; • A tablet chlorination tank providing a minimum of 30 minutes contact time at design flow; • Tablet dechlorination; • Effluent flow metering and sampling; • A sludge holding tank capable of providing 30 days storage capacity; • Effluent lift station with duplex submersible pumps; • Diesel powered standby generator; and • All necessary piping, valves, blowers, buildings, and other appurtenances. This Authorization to Construct is issued contingent upon the following: 1. Design, construction, and operation of the facility shall be such as to minimize the potential for bulking sludge; 2. PVC piping at or above the liquid surface shall be minimized to the extent practicable to prevent problems due to UV damage; 3. Guides or handrails shall be provided along the upper surface of the facility to provide for operator safety; 4. A space for equipment storage, operator workspace, etc. shall be provided; 5. Standing platforms shall be installed in the chlorination/dechlorination chambers to provide operator access; 6. Duplex blowers shall be provided; and 7. Potable water shall be provided on -site. This Authorization to Construct is issued in accordance with NPDES Permit No. NCO068918 issued September 30, 2002, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in the permit. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Permit No. NCO068918 Cedar Hill WWTP July 22, 2004 wastewater treatment or disposal facilities. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator to be in responsible charge (ORC) of the water pollution control treatment system. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, 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 outlined in Title 15A, Chapter 8G, .0204. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within: (A) Sixty calendar days prior to wastewater being introduced into a new system or (B) within 120 calendar days of the following, (i) after receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC or (ii) a vacancy in the position of ORC or back-up ORC. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. Failure to abide by the requirements contained in this Authorization to Operate may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Operate does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Mark McIntire, P.E., telephone number (919) 733-5083, extension 508. Sincerel , Alan W. Klimek, P.E. cc: Central Files NPDES Unit, Permit File �sheville-Regtoz aLOffice; aterQual ty Training and Certification Unit Permit No. NCO068918 Cedar Hill WWTP July 22, 2004 Engineer's Certification - Project Number 068918A01 I, North Carolina, construction of the project, having been Project Name _ as a duly registered Professional Engineer in the State of authorized to observe (periodically, weekly, full time) the Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following installations: • An 8325 gallon flow equalization tank with submersible pump; • A standard metal static bar screen;' • Aeration volume of at least 25,000 gallons including submerged diffused aerators; • Dual secondary clarifiers providing 5.2 hours of settling time; • A tablet chlorination tank providing a minimum of 30 minutes contact time at design flow; • Tablet dechlorination; Effluent flow metering and sampling; • A sludge holding tank capable of providing 30 days storage capacity; • Effluent lift station with duplex submersible pumps; • Diesel powered standby generator; and • All necessary piping, valves, blowers, buildings, and other appurtenances. This Authorization to Construct is issued contingent upon the following: 1. Design, construction, and operation of the facility shall be such as to minimize the potential for bulking sludge; 2. PVC piping at or above the liquid surface shall be minimized to the extent practicable to prevent problems due to UV damage; 3. Guides or handrails shall be provided along the upper surface of the facility to provide for operator safety; 4. A space for equipment storage, operator workspace, etc. shall be provided; 5. Standing platforms shall be installed in the chlorination/dechlorination chambers to provide operator access; 6. Duplex blowers shall be provided; and 7. Potable water shall be provided on -site. Signature Date Registration No. Mail this Certification to the NPDES Unit DENR/DWQ 1617 Mail Service Center Raleigh, NC 27699-1617 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 Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION October 2, 2003 Mr. William G. Lapsley, P.E. William G. Lapsley and Associates, P.A. Post Office Box 546 Hendersonville, NC 28793 Subject: Additional Information Request ATC Number: 06891BA01 NPDES PERMIT NUMBER: NCO068918 Resource Planning Corporation Cedar Hill WWTP Jackson County Dear Mr. Lapsley:. . The Asheville Regional Office of the Division of Water Quality -is in receipt of the Authorization to Construct request for Resource Planning Corporations Cedar Hill WWTP, dated September 8, 2003.' After review of the submitted information, 1 would like a clarification on the following items: • As part of the submitted ATC package, Resource Planning Corporation is proposing to install "hopper" type clarifiers in the treatment works. In my experience with treatment works on the Cashiers — Highlands plateau, solids handling is a major concern with treatment works in this region. Treatment works do not have ready access (geographically, nor cost effective) to wastewater residual handling facilities. This lack of access to residuals handling results in wastewater treatment plants running an "older" sludge age the {optimum, leading to denitrified solids floating up in the clarifier and ultimately, to non-compliance with treatment limits. Hopper type clarifiers seem to be more susceptible to denitrified sludge "floaties," and therefore, I would like to see alternative type clarifiers explored and that an evaluation of a larger residuals storage tank be explored. Lastly, air-lift sludge removal can be problematic at higher residual levels and with the above mentioned difficulty with removal of storage, an. evaluation of other types of sludge removal be explored. • In the plans and details provided, there is a significant amount of PVC piping spec'd at. Or above,` the liquid surface of the proposed wastewater treatment facility. As PVC is highly susceptible to UV damage, I would like Resource Planning Corporation to explore the use of DIP (or other corrosion / UV resistant material)„I .; lace of PVC anyplace where UV damage may occur. • The submitted plans and details do not provide for guide rails / hand rails long the upper surface of the proposed wastewater treatment facility. As the Cashiers — Highlands plateau is known for winter extremes, guide rails / handrails should be provided for operator safety. 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 1 William G.. Lapsley and Associates P.A. Consulting Civil Engineers and -,Land .Planners - William G. Lapsley, RE -William R. Buie, RE G. Thomas Jones 111, P.E: Wm. James Jones, RE August 25, 2003 LJ 1v�7 f r AUG. 2.7 2003 Mr. David Goodrich 'NPDES Unit t NC Division of. Water Quality 1617 Mail Service Center . . Raleigh, NC 27699-1617 ,. Re:,.,Cedar.-Hill WWTP NPDES #NCO068918.' Jackson County ` .. Authorization to- Construct l�lear'Mr. Goodrich: _ Enclosed please find the following documentation required to:obtain an ?authorization to Construct a wastewater treatment facility: L Letter of request from the-Permittee 2 - Plans and, specifications. (3 sets) 3. Design calculations and. hydraulic .prof_ les' (2 sets) 4: -Flow schematic (2. copies) If you have any questions or.need additional information, please feel free to contact our office: Si ere liiam G sley p.E. lit WGL/jg . cc: Resources Planning Corp. ❑ P.O. Box 546, 1635 Asheville Highway, Hendersonville, NC 28793 Website: www.wgia.com Ph: 828-697-7334 Facsimile: 828-697-7333 ❑- One Town Square Boulevard, Suite 334, - Biltmore Park, Asheville,.NC 28803 Website: www.wgia.com Ph: 828-6874177 Facsimile: 828-687-7178 RALEIGH, NC WEST PALM BEACH, FL PAWLEY'S ISLAND, SC August 8, 2003 RESOURCES PLANNING CORPORATION 763 HIGHWAY 107 SOUTH POST OFFICE BOX 2446 CASHIERS, NORTH CAROLINA 28717 (828) 743-2118 FAX (828) 743-3126 Mr. David Goodrich NPDES Unit N.C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Cedar Hill WWTP NPDES # NC 0068918 Jackson County Dear Mr. Goodrich: CHARLEVOIX, MI ST. THOMAS, U.S.V.I. Please consider this letter to be our request of authorization to construct a wastewater treatment facility in accordance with the conditions outlined in the above referenced NPDES Permit. Out agent William G. Lapsley, PE is authorized to be our representative for all matters relating to this issuance of an Authorization to construct this facility. Very truly yours, RESOURCES PLANNING CORPORATION Arthur W. Ryan Senior Vice President AWR/mta cc: William G. Lapsley, PE 09/08/03 € ermit Number 068918A01 Permit Tracking Slip Program Category Status Project Type NPDES WW In review New Project Permit Type Version Permit Classification Authorization to Construct NPDES Facility AtoC Primary Reviewer mark.mcintire Permitted Flow Facility Name Resources Planning Corporation Location Address Cedar Hill Development Cashiers NC 28717 Owner . Owner Name Resources Planning Corporation Lutes/Events Permit Contact Affiliation Major/Minor Region Minor Asheville County Jackson. Facility Contact Affiliation Owner Type Non -Government Owner Affiliation Donald Parsons P O Box 2185 Cashiers NC 28717 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 08/27/03 Regulated Activities Requested/Received Events NULL RO staff report requested RO staff report received Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 8, 2003 Mr. Arthur W. Ryan Resources Planning Corporation P.O. Box 2446 Cashiers, NC 28717 ATI . 0'1' 4 0 rt NCD-EN-R Subject: ATC Request Acknowledgment NPDES Permit NCO068918 ATC Number 068918AOI Cedar Hill WWTP Jackson County Dear Mr. Ryan: The Division of Water Quality's NPDES Unit hereby acknowledges receipt of your request for Authorization to Construct in accordance with' NPDES Permit Number NC0068918. ' This application has been assigned the number highlighted above. Please be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor prior to final action by the Division: The ATC review process generally takes 90 days from the date your complete submittal is received, however, due to current staff shortages that review period may take longer. .Should any additional information be required, the review engineer will contact you. If you have any questions, please contact Mr. Mark McIntire at (919) 733-5083 ext. 508. PLEASE REFER TO THE ABOVE APPLICATION NUMBER WHEN MAKING ANY INQUIRIES ABOUT THIS APPLICATION. Sincerely, 'd rjrv.,� David A. Goodrich Supervisor, NPDES Unit cc: Asheville Regional Office NPDES Unit Permit File William G. Lapsley., P.E. - P.O. Box 546 Hendersonville, NC 28793 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An, Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Staff Review and Evaluation NPDES Wastewater Permit FACILITY INFORMATION Facility Resource Planning Corporation NPDES No. NC0068918 Design Flow (MGD) 0.10 MGD Facility Class II STREAM CHARACTERISTICS Stream Name Horsepasture River Stream Class C Tr Sub -basin 031302 Drainage Area (mil) 3.8 S7Q10 (cfs) 2.0 W7Q10 (cfs) 1.2 30Q2 (cfs) 4.1 IWC (%) 0.19 Proposed Changes Parameters Affected Basis for change(s) Monitoring frequency BODS, TSS, Ammonia, Fecal, Temperature, Total Residual Chlorine and H per regulation 2B .0500 Limitation Total Residual Chlorine per re ulation for trout streams Limitations Ammonia (Summer) I per mass balance calculation Compliance Schedule: None Special Condition(s): None Permits & Engineering Comments: This is a permit renewal for a discharge into Horsepasture River in the Savannah River Basin. As per the project engineer, the facility has not been constructed. In 1992 the Division granted an AtoC for a 0.013 MGD facility and the ,project was canceled. At this time no AtoC has been granted to Resource Planning Corporation for construction of a 0.10 MGD facility. Permits and Engineering will recommend existing limitations with monitoring reflective of current regulations for a class II facility. If the Permittee chooses to install ultraviolet disinfection, the chlorine limit should be removed. Once construction is complete, the region must verify facility class and components. Prepared by: ®� Regional Office Evaluation and Recommendations: / D, ENGINEERING ALTERNATIVES ANALYSIS GENERAL INFORMATION A. Facility Name County Facility Address Report Preparer's Name 9 C. Report Preparer's Address Description of proposed facility: Cedar Hill Development Jackson U.S. Highway 64 William G. Lapsley, P.E. N.C. #6409 PO Box 546 Hendersonville, NC 28793 704-097-7334 The proposed wastewater treatment facility will be a standard extended aeration type plant with flow equalization, aeration chamber, clarifier, chlorination chamber and effluent lift station. The wastewater will be domestic strength with some discharge from a small commercial retail center adjacent to U.S. Highway 04. Describe the project to be served by WWTP: The proposed facility will serve a residential development known as Cedar Hill. This development is located approximately 1.7 miles east of Cashiers on U.S. Highway 64. It is primarily residential construction with a small commercial area adjacent to the highway.. Describe development plans for entire project: The residential phase of the project has been under construction for several years. While some homes have already been constructed, full development has been stalled until construction of the proposed wastewater collection/ treatment system. It is anticipated that the overall project will be constructed in four (4) phases: Phase I - Residential . 50 units 18,000 gpd If - Residential 50 units 18,000 gpd III - Residential 75 units 27,000 gpd - Commercial 15,000 gpd 1V - Residential 75 units 27,000 gpd Reserve 10,000 gpd 100,000 gpd This process will take 5-10 years to be completely built out. If. Evaluation of Environmental Feasibility of Discharge Alternatives: A. Non -Discharge Alternatives 1. Existing Sewerage System (5 mile radius) There are two (2) existing sewerage systems located within 5 miles of the project site. a. Cashiers Community System - The Jackson County Board of Commissioners own and operate a small (100,000 gpd) sewer system which serves the high density developed area near the intersection of U.5 Highway 64 and N.C. Highway 107. Its capacity is limited due to the limited drainage area at the headwaters of the Chattooga River. The current peak discharge day is coming close to the capacity of the plant. In order to connect to this facility, it would be necessary to construct a large (175 gpm) sewer lift station and 6" diameter force main (±5,000 LF). The vertical rise to be overcome is approximately 250 feet. This is not a feasible alternative. b. Sapphire Valley Development - Carolina Water Service of NC, Inc. owns and operates a 300,000 gpd wastewater treatment facility located approximately 14,000 feet (2.6 miles) downstream on the edge of the Horse Pasture River. This facility is designed to serve the Sapphire Valley Development which consists of approximately 2,000 acres of mixed residential and commercial construction. The applicant has approached the system owner about expansion of their facilities and been advised that their reserve treatment capacity is not available for outside customers. 2. Sub -surface Disposal System The topography of the site and natural ground conditions (rock) eliminates the alternative of large subsurface disposal systems. The proposed discharge of 100,000 gpd would require a minimum of +46 acres of suitable soils for drainfield and repair area under normal soil conditions. This alternative is not feasible. 3. Spray Irrigation System According to State design guidelines for land application systems, we would estimate that approximately 30 acres of acceptable soil would be required for this type system. The only area on the site or adjacent to the site that would be acceptable has been designated as wetlands and/or is adjacent to the Horse Pasture River. This alternative is not feasible. In addition, this area has one of the highest average annual rainfalls in North Carolina. The operation of a spray irrigation system would be curtailed during the rainfall events which would cause enormous problems. 13. Review of Alternatives It is our opinion that the only environmentally feasible alternative for this project is the proposed discharge from an on -site wastewater treatment system. SEAL CEDAR HILL DEVELOPMENT 5LUDGE MANAGEMENT PLAN The Cedar Hill Development wastewater treatment facility will generate wasteactivated sludge material. This facility will be privately owned and maintained with a certified contract operator. To the best of our knowledge and belief, the operator will periodically arrange for the waste activated sludge to be pumped out of the treatment plant sludge holding tank and hauled to an acceptable wastewater treatment facility. We understand that similar small plants discharge the sludge at larger municipal sewer treatment facilities such a the City of Brevard, Franklin, and/or Asheville. Final arrangements will be made with the contract operator prior to beginning operation of the new plant. SEAL = � e 6469 f;Ga e - '; `� •pG'y'�o�:(��%GlpN EEC-.•;�Q�; �s ,,�//11111111111j11 Laurek t Deep ,,, .i � J harys Gap /�' ! �� . ; ;li / `< ; '\ I ' .1 t /�\ • �I ( / + ��.. JP� _. 'I ^0�1 ♦�• I _ - 1 - `II I / � �� i � ^_ � l l ( I�I '� t �� �� `.\\, \� \` � � 1 t �11 I r;, 8p0 �. •� L/ �\• �I \; a ,8afd ROC / /� ��. �` ^� 7'��./ •�/�'�� �. • 1, f','-'".�:_'i'„^.\•. __ __ ••����.e � � n1 Ellie,•: �f �,ii 717, 01 i I/ r�11 I!I t I BM Q 5 317 •I na :III �, I • t t � Br 3 , ) - Q a /\\ ; YVD 64.. 3148 ,•t .' :� 1 �'% /� / /� �`�-\ ���/ ice_ _ ' .1 i �I 1i.' I �:_ = ' 300 iPPER CEM LOWER �I.3ACHARMCEM • � it + • ,' +f,}�r _ y (i/� .. - - ���. J�� 1 V, High .,s _ A•�`. 11t;\\1`,u /11�/,%t ii ' /" t \'. y� nn_ N Water Resources ENVIRONMENTAL QUALITY August 20, 2017 Mr. Cody Jones Cedar Beach Investment Group, LLC PO Box 20670 Charleston, SC 29413 Subject: Dear Mr. Jones: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Issuance of NPDES Permit NCO068918 Cedar Hill WWTP/Class II Jackson County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: ➢ Section A. (2.) has been updated to reflect current language regarding electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Anjali B. Orlando at telephone number (919) 807-6388 or anjali.orlando@ncdenr.gov.. E(DE(VED Division of Water Resources S E P 5 2011 Water Quality Regional Operations cc: Qe ,nAr les Asheville Regional Office — NPDES Unit Sin rely, S. Jay Zimmerman ,�Ot, Director, Division of Water Resources State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https:lldeq.nc.govlaboutldivisionslwater-resources/water-resources-permits/wastewater-branchlnpdes-wastewater-pern its NPDES Permit NCO068918 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Cedar Beach Investment Group, LLC is hereby authorized to discharge wastewater from a facility located at the Cedar Hill WWTP US 64 East at Cedar Hill Jackson County to receiving waters designated as Horsepasture 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 October 1, 2017. This permit and authorization to discharge shall expire at midnight on.August 31, 2022. Signed this day August 20, 2017. S. J Zimmerman, P.G. Director, Division of Water Resources By Authority of the Environmental Management Commission NPDES Permit NC006891{ SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Cedar Beach Investment Group, LLC is hereby authorized to: 1. Continue to operate an existing 0.10 MGD wastewater treatment facility with the following components: • 26,709 gallon aeration • 8,325 flow equalization • 5,327 gallon clarifiers • 4,435 gallon sludge holding • 800 gallon chlorine contact chamber 300 gallon de -chlorine post aeration chamber • Dual 7.5 hp main plant blowers • 1.0 hp flow equalization blower • Flow meter This facility is located and West of Cedar Hill Road, on Hwy 64 East, Cashiers, in Jackson County. 2. Discharge from said treatment works, through Outfall 001 at the location specified on the attached map, into the Horsepasture River (Stream Index 4-13-(0.5), (HUC 030601010103), currently classified C-Trout waters in sub -basin 03-13-02 of the Savannah Broad River Basin. NPDES Permit NCO068918 Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specked below: EFFLUENT CHARACTERISTICS ,. YLIMITS,:` ., MONIT_ORING`REQUIREMENTS ''"Y Monthly Daily . Measurement - :.Sample.T. `= S'ample} Parameter Code , ;; ,Avera_'ge Mazirrium , Flow 0.10 MGD Continuous Recording Influent or Effluent 50050 BOD, 5-day (20°C) 30.0 mg/L 45.0.mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N — Summer* 11.0 mg/L 35.0 mg/L Weekly Composite Effluent C0610 NH3 as N — Winter* 14.0 mg/L 35.0 ug/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Total Residual Chlorine r28 Ng/L 2/Week Grab Effluent 50060 Temperature oC Monitor & Report Daily Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Monitor & Report Semi -Annually Composite Effluent C0600 Total Phosphorus Monitor & Report Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00300 Standard Units *Summer. April 1— October 31 *Winter: November 1— March 31 Footnote: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (2.)]. 2. The limit for total residual chlorine is only if chlorine is used for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. Conditions: • All samples must be taken from a typical discharge event. • THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE AMOUNTS NPDES Permit NCO068918 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on'December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): , • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.1 and Section E. (5.1 (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, -1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: x NPDES Permit NCO068918 Sewer .Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: - http: / /www2.epa.gov/compliance/final-national-pollutant=discharge-elimination- system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / / deg.nc.gov/ about/ divisions /water -resources / edmr NPDES Permit NCO068918 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: httn: / /deg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed'to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person 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. Records Retention [Supplements Section D. (6.11 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of'at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41 ] . Cedar Beach Investment Group, LLC Cedar Hill WWTP County: Jackson Stream Class: C-Trout Receiving Stream: Horsepasture River Su"asin: 03-13-02 Latitude: 35' 08' 03" Grid/Quad: Big Ridge Longitude: 83' 04' 14" HUC M 03060101 a N ' Facilitya Location (not to scale) NORTH NPDES Permit: NCO068918 vPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 IDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 MDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operationaberror, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c�. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 'DES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f� Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class H violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. " 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part H.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. _Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 WDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this pennit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Pennittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or tenninating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Pennittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications,''reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]." a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or nmplicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted. to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 DES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 4PDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class Il, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not.be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the°permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 'DES Permit Standard Conditions Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 021-1.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 1PDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this pen -nit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Pennittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Pennittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 DES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR _122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 1PDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Pennittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a pen -nit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 'DES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 1PDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater MonitorinjZ The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenot; and one milligram per liter (I mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 —DES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. 140 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW s sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 JPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 DES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part 11 or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 { � V WDES Permit Standard Conditions Page 17 of 18 t �I enforceable Pretreatment Standards as defined by 40 CFR 4W.3(1). [15A NCAC 02H .0903(b)(10), .0905 and .0906(b)(4)] Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These permits shall contain limitations,, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as ;necessary for the installation of treatment and control technologies to. assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the, results of the HWA and the limits from all 1UPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC' 02H .0906(b)(6), .0909, ,0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 1.43-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance,'of an AtC, the proposed pretreatment facility, and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 0211 .0906(b)(7) and ,0905; NCGS 143- 215..1-(a)(8)] 7. POTW inspection & Monitoring of their lUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(0(2)(v)] The Pernittee must:. a. Inspect all Significant Industrial Users (SIUs) at least once per calendar'year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and. c. At least once per year; document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand ;Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved .pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .09:06(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44,0)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The. Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and, 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other., shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. '[15A NCAC 021J .0903 (b)(7), .0906(b)(8) and .0905; 40 CFR 403,.8(f)(5)] 10. Pretreatment. Annual Reports (PAR) The. Permittee shall report to the :Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report_ or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements andotherpretreatment implementation issues. For all other active pretreatment programs, the. Permittee shall submit two copies of a Pretreatment Annual Report. (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: 'Version 1110912011.1 DES Permit Standard Conditions Page 18 of 18 NC DENR 1 Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency .Response, and Collection Systems (PERCS) Unit 1617 :Mail Service Center_ Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and, shall contain the following; a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance .and to ensure compliance with pretreatment requirements; b. Pretreatment Program SummgH (PPS) A pretreatment program summary (PPS); on forms or in a format provided by the Division; c. Significant Non -Compliance Report(SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division;. d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both. the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon .request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirementsof this permit; 11. Public Notice The Penr ittee shall ,publish annually, a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month_ period. [15A. NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittne shall retain fora minimumof three years records of monitoring activities and results, along with support information including general :records, water quality records; and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A_ NCAC 02H .0908("f); 40 CFR 403.12(o)], 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3),: 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 Water Resources ENVIRONMENTAL QUALITY May 25, 2017 Mr. Cody S. Jones Cedar Beach Investment Group, LLC. PO Box 20670 Charleston, SC 29413 Subject: Renewal Application Application No. NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Jones: ROY COOPER Gowmor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on May 24, 2017. The primary reviewer for this renewal application is Anjali Orlando. The primary reviewer will review your application, and she will contact you if additional information is required to complete your permit renewal: Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. Please respond in a timely manner to requests for additional information necessary to complete the permit application. If you have any additional questions concerning renewal of the subject permit, please contact Anjali at 919-807-6388 or Anjali.Orlando@ncdenr.gov. cc: Central Files NPDES A = e:Regiwial=Ofz Sincerely, Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 DivisirioEonofWattI RECEIVED MAY 3 0 2017 J Water Quality Regional Operations Asheville Regional Office May 8, 2017 Wren Thedford NCDNR/DWR/NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Permit # 68918 RECEIVED/NCDEWWR MAY 2 4 2017 Water Quality Permitting Section Attached is the renewal application for the above referenced permit. There have been no changes at the facility since the last permit. The application was filled out with the assistance of Bob Barr at RPB Systems in Asheville. RPB handles all monitoring and maintenance of the facility and has since Cedar Beach acquired the property and was issued the previous five year permit. I once again apologize for the delay in getting the permit submitted. As stated to Derek Denard the property had been under contract to sell up until May 5 at which time the purchaser cancelled the contract. Cedar Beach is therefore resubmitting for the permit. Thank you for your coytsideration. ly, Co&K Jones Co Manager Cedar Beach Investment Group, LLC NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDW Pewit NC00 64 R $ If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, dick your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name CiL c �✓ /� 2 = v �—i, �-t� j��� �i�„ Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number ( j e-mail Address f ( c 2. Location of facility producing discharge: Check here if same address as above ❑ y Street Address or State Road' VS C ¢ 4-C City 00 ? '� State / Zip Code 1 C/G . )—1 V County J C� C 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring -to the Operator in Responsible Charge or ORQ Name . Mailing Address City State / Zip Code Telephone Number vcovito KC- Zgj�oZ (�z�) 2s1 l9a0 Fax Number e-mail Address l 0_q 1 of 3 Form-D 11112 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generatiag Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential Number of Homes School [] Number of Students/ Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Number of persons served:- 5. 'lope of collection system XSeparate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Ontfall Information: Number of separate discharge points 1 Qutfall Identification numbers) 001 Is the outfall equipped with a diffuser? ❑ Yes �No T. Name of receiving stream(s) (NEW applicants: Provide a snap showing the exact location of each outfall): S. Frequency of Discharge: J Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: -7 Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. nn i� 2 of 3 Form-D 11112 Permit NC0068918 SUPPLEMENT TO PERMIT COVER SIFT All previous NPDES Permits issued to this facility, whether .for operation or, discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this ntrmbei- is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Cedar Beach Investment Group, LLG is hereby authorized to: Continue to operate an existing 0.10 MGD wastewater treatment facility with the followjz components: • 26,709 gallon aeration • 8,325 flow equalization , • 5,327 gallon clarifiers. • 4,43 5 gallon sludge holding • 800 gallon chlorine contact chamber • 300 gallon de -chlorine post aeration chamber • Dual 7.5 hp main plant blowers 1.0 hp flow equalization blower �_ • plow meter This facility is located and'West of Cedar Hill Road, on Hwy 64 East, Cashiers, in Jackson County. 2. Discharge from said treatment works, through Outfall 001 at the location specified on the attached map, into the Hozsepaswre River, currently classified C-Trout waters in sub -basin 03-13-02 of the Savannah Broad River Basin. C, J NPDES APPLICATION - FORM D For privatelrowned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: O r( 0 M 6 pQfmt• Treatment Plant Design flow Q • aZ S MGD Annual Average daily flow 0 j 04 1 MGD (for the previous 3 years) Maximum daily flow 19100 6 MGD (for the previous 3 years) 11. Is this facility located on In n.country? ❑ Yes No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed Fecal Coirform, Temperature and pH shall be grab samples, for all otherparameters 24hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. REIWWiAL APPLICANT'S: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months -for parameters currentlu in amour permit. Mark other parameters wNIAA. Parameter Daily Maximum Monthly Averse Units of Measurement Biochemical Oxygen Demand (BODs) IR , a, 4 rS / L Fecal Coliform &00 , f(I / ) 00 M (� Total Suspended Solids 1-7 F-C, r1 k / tr Temperature (Summer) ap col ) (,''> 0C Temperature (Winter) 10 C1 1') dG pH �1 �•5~ $n� . 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other I certify that I am familiar with the information contained in the application and that to the best of my knowledge and WHO such information is true, complete, and accurate. Pin name of Signature of Date North Carolina General Statute 143 215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed sac months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 11112 1 i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 11, 2013 Cody S Jones Cedar Beach Investment Group LLC PO Box 20670 Charleston SC 29413 SUBJECT: Compliance Evaluation Inspection Cedar Hill WWTP Permit No: NCO068918 Jackson County Dear Mr. Jones: Enclosed please find a copy of the compliance evaluation inspection conducted on July 2, 2013. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Michael Dwayne Beck, ORC Central_ Files -- he I files--~ SURFACE WATER PROTECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 IVoAhCarolina Phone: (828) 296-4500\FAX: 828 299-7043 �lltllra!ll,J Internet: www.ncwater4uality.org 6J1�1 \ S:\SWP\Jackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\68918 CEI 2013.doc United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN I 2 1 5 I 3 I NCO068918 111 12I 13/07/02 117 J 18I C I 19I $ I 20 —! Remarks 2111 111111 1111111111111111 1111 11111111 111I III I I.I I6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------Reserved --- —----- —------- — 67I 169 70131 711 I 72I N I 73 LJJ 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 13/07/02 12/12/01 Cedar Hill WWTP Exit Time/Date Permit Expiration Date Cedar Hill Cashiers NC 28717 12:15 PM 13/07/02 17/08/31 Name(s) of Onsite Representative(s)/Tibes(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Cody S Jones,PO Box 20670 Charleston SC 29413//843-224-7260/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatur ) f Inspect s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date � %-/ -13 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3 NCO068918 I11 12I 13/07/02 117 18I ^I Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This was an unannounced inspection. While on the property I was able to meet with the facility representative Mr. James Woodham. According to Mr. Woodham there are two collection system lift stations installed and eight homes on the system. There was little flow leaving the plant and the effluent was clear. The facility appears to be well maintained and operated. No violations of permit requirements or applicable regulations were observed during this inspection. Page # 2 Permit: NCO068918 Inspection Date: 07/02/2013 Owner - Facility: Cedar Hill WWTP Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge -■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance? Is the unit in good condition? Comment: Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mg/1) Comment: Secondary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifier? Are weirs level? Is the site free of weir blockage? Is the site free of evidence of short-circuiting? Yes No NA NE Ext. Air Yes No NA NE Page # 3 Permit: NC0068918 Inspection Date: 07/02/2013 Secondary Clarifier Is scum removal adequate? Is the site free of excessive floating sludge? Is the drive unit operational? Owner - Facility: Cedar Hill WWTP Inspection Type: Compliance Evaluation Is the return rate acceptable (low turbulence)? Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Yes No NA NE ■ n n n ■000 2 nnn■ ■ n n n nnn■ Yes No NA NE Tablet Page # 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 3, 2014 Cody S Jones Cedar Beach Investment Group LLC PO Box 20670 Charleston, SC 29413 SUBJECT: Compliance Evaluation Inspection Cedar Hill WWTP Permit No: NCO068918 Jackson County Dear Mr Jones: A compliance evaluation inspection was performed on the Cedar Hill WWTP on February 25, 2015. Mr. Michael Beck assisted in this inspection. The facility appeared to be in compliance with permit NC0068918. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Katherine H. Jimison Chemistry Technician III Enclosure cc: Michael Dwayne Beck, ORC MSC 1617-Central Files -Basement ,,Is; eyi111e 'j l'es G:MRIWQIJacksonlWastewateAMinorslCedar Hill (Resources Planning) 68918\68918 CEI 2015.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet: http:l/portal.ncdenr.org/web/wq An Equal Opportunity 1 Affirmative Action Employer t'nited States Environmental Protection Agency Form Approved. ' /� EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 2 I, I 3 I NCO068918 111 12 15/02/25 17 18 I c I 19 I G I 20I I 211111 1 1 I I I I II 11 1 I I I 1 l l l l l 1 I I I I I I I I I I II I i I i l 166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------ ---Reserved--------- ' 67 70 I, I 71 72 L�J 7I 75I LJI LJ I 80 Section 8: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00AM 15/02/25 12/12/01 Cedar Hill WWTP Cedar Hill Exit Time/Date Permit Expiration Date Cashiers NC 28717 11:00AM 15/02/25 17/08/31 Name(s) of Onsite Representative(s)Rtles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Dwayne Beck/ORC/828-545-7724/ Name, Address of Responsible OfficialfFitle/Phone and Fax Number Contacted Cody S Jones,PO Box 20670 Charleston SC 29413//843-224-7260/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimi o ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 31 NC0068918 I11 12 15/02/25 17 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Michael,Beck, contract operator for RPB Systems, assisted during this inspection. There was no flow at the time of this inspection. The log book was on -site and contains excellent notations of daily activity. The flow meter was last calibrated on July 24, 2014. The facility has a propane powered back-up generator. The facility appears to be maintained very well. 1 Page# 2 F r Y Permit: NCO068918 Owner - Facility: Cedar ...... hwp Inspection Date: 02/25/2015 Inspection Type: Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Mr. Michael Beck, contract operator for RPB Systems, assisted in this inspection. Oaerations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Yes No NA NE ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ E ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE ■ ❑ ❑ ❑ ❑ ❑ ❑ Comment: Operator performs routine testing on this facility for process control, including but not limited to, setteable solids. Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? 0 ❑ ❑ ❑ Is the screen free of excessive debris? 0 ❑ ❑ ❑ Is disposal of screening in compliance? 0 ❑ ❑ ❑ Is the unit in good condition? N ❑ ❑ ❑ Comment: There was no influent flow at the time of this inspection Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ 0. ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? 0 ❑ ❑ ❑ Does the foam cover less than 26% of the basin's surface? N ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Page# 3 Permit: NCO068918 Owner -Facility: Cedar nui wWrP Inspection Date: 02/25/2015 Inspection Type: compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/I) ❑ ❑ ❑ Comment: Blower motors exercised during this inspection. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? 0 ❑ ❑ ❑ Is the site free of weir blockage? 0 ❑ ❑ ❑ Is the site free of evidence of short-circuiting? M ❑ ❑ ❑ Is scum removal adequate? M ❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ M ❑ Is the return rate acceptable (low turbulence)? 0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately'/4 of the sidewall depth) ❑ ❑ ❑ Comment: There was some ice coverage on the secondary clarifier. Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? M ❑ ❑ ❑ Are the tablets the proper size and type? M ❑ ❑ ❑ Number of tubes in use? 2 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? 0 ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ Comment: There was no flow at the time of this inspection. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ 0 ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ M ❑ Comment: Are the tablets the proper size and type? ® ❑ ❑ ❑ Page# 4 Permit: NC0068918 Inspection Date: 02125/2015 De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: There was no flow at the time of this insDection. Owner -Facility: Cedar l ...... MP Inspection Type: Compliance Evaluation Yes No NA NE ❑ ❑ ❑ 2 Page# 5 i Certified Mail # 7016 1370 000165717693 Return Receipt Requested September 21, -2017 Cody S Jones, Manager. .- Cedar Beach Investment Group LLC PO Box 20670 Charleston, SC 29413 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0172 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Permittee: A review of the July 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent Temperature, Water Deg. 7/8/2017 5 X / Week Frequency Violation - Centigrade (00010) Remedial actions,' if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. Your facility was required to begin reporting your Discharge Monitoring Reports electronically by December 21, 2016, using the EDMR system. It is noted that this. facility is NOT registered for EDMR: Please contact'this office for instructions on registering your facility for EDMR entry. If the above parameter of Temperature was left off inadvertently, please amend the DMR and send two signed and amended DMRs within 5 business days of receipt of this letter to Raleigh. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 a cs If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at. 828-296-4500. - -__ .--_ _ Sincerely, G. Landon Davidson, P.G., egional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ i Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File I G:\WR\WQVackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\Violations&Enforcements\NOV-2017-MV-0172.rtf A74k ; ::f NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart May 15, 2015 Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 Subject: NOTICE OF VIOLATION NOV-2015-LV-0326 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Jones: Secretary A review of Cedar Hill WWTP's monitoring report for February 2016 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 02/19/2015 400.00 #/100ml 600.00 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations, NCDENR Asheville Regional Office AshevI1 3 Et 7331111111111111110 MSC 1617-Central Files -Basement RPB Systems/ ORC G•1WRlWQ%Jackson\WastewaterlMinars%Cedar Hill (Resources Planning) 68918NNOV-2015-LV-0325.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 Fax: (828) 299-7043 Internet: hdp:#portal,ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer '--I �-- _. _ it0yr CoOREP, Mt.C. HAEL S.. RE:GAN S. J" ZIMME.R.iwrAN ardor Certified Maill # 7016 1370 00016571 9208 Return Receiipt Requested May 17, 2017 Cody S Jones, Manager Cedar Beach Investment Group LLC PO Box 20670 Charleston, SC 29413 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0349 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Permittee: A review of the October 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter _ Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 10/11/2016 400 600 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please, contact G. Landon Davidson of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ �c: NQs.A heylie Regiona1:oaffce cenrent Rife rx. NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Jackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\NOV-2017-MV-0349 State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 fi , Certified Mail # 7015 1520 0003 5463 0233 Return Receipt Requested October 20, 2016 Cody S Jones, Manager Cedar Beach Investment Group LLC PO Box 20670 Charleston, SC 29413 SUBJECT: NOTICE OF DEFICIENCY Tracking Number: NOD-2016-LV-0116 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Permittee: A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the.deficiency(s) indicated below: Limit Exceedance Deficiencv(s): Sample Limit Reported Location Parameter Date Value Value Type of Deficiency 001 Effluent Coliform, Fecal MF, MFC Broth, 6/14/2016 400 420 Daily Maximum Exceeded 44.5 C (31616) Please be aware that non-compliance with your permit could result in enforcement action by the Division of Water Resources for these and any additional violations of State law. The Asheville Regional Office encourages you to take all necessary actions to bring your facility into compliance. Please refer to the, latest letter titled "Electronic Reporting Requirements" dated March 31, 2016, concerning registering to use the Division's new a-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). I State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-2964500 ,,,,-Your facility will be required to report your Discharge Monitoring Reports electronically by December 21, 2016. For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/­wg/­admin/bog/ipu/­edmr. If you should need any assistance or would like to discuss this non-compliance situation, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G.:Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ NPDES Compliance/Enforcement Unit - Enforceme RPB Systems/ ORC G:\VVR\WQ1Jackson\Wastewater\MinorsiCedar Hill (Resources Planning) 68918\N0D-2016-LV-0116.rtf �s NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary July 13, 2012 Mr. Cody S. Jones PO Box 20670 Charleston, SC 29413 Subject: Receipt of permit.renewal application NPDES Permit NCO068918 Cedar Hill Waste Water Treatment Plant Jackson County Dear Mr. Willis: The NPDES Unit received your permit renewal application on May 25, 2012. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Maureen Kinney at (919) 807-6388. Sincerely, Lizette Davis -Houston Point Source Branch Cc: Central Files lie, �>11�1e RTe""�io�all��ff�c.e� NPDES Unity 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer JUL 17 2012 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE y...a�:!`aw:ic%ie;��',+�4ar��ti+C�.7n0Y+`.iuiA-H'•. o-.�... ... 0 t i I 9 Cedar Beach Investment Group, LLC Cody S. Jones CSJ Realty Advisors, LLC P.O. Box 20670 Charleston, S.C. 29413 Phone 843-224-7260 Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 807-6304 Randolph W. Cooper Cooper Law Firm, LLC 109 River Landing Dr. Suite 100-B Daniel Island, S.C. 29492 Phone 843-881-5413 Fax 843-881-8366 Mrs. Sprinkle, please accept this request to renew NPDES Permit NC0068918 Cedar Beach Investment Group, LLC, Jackson County. Since our last approval of renewal October 1, 2007 we have transitioned from a "no flow" facility to a functioning treatment plant operated by RPB Systems, Inc. of Asheville, N.C. Respectfully, a Cody S. Jones 843-224-7260 csjchas&.gmail.com PO.Box 20670 Charleston, SC 29413 6:. NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise; please print or type. 1. Contact Information: Owner Name Facility Name M -Aling Address City State / Zip Code Telephone Number Fax Number e-mail Address A L.0 CQ �Pot ��� �c. wkSTf- wwrtr Ttek4 rP1414T P.O. a oY. a Oy1 O C,k et r ►-es Tort SOuTl� CINtOUrA a .) R.3 (0 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road 19a p H W'-4 , U •S . 6q if AST city C. As 1\1 ers Stall I Zip Code /-`�•l0 hTK CA t-OLt M IA c; 4 _7 !'? Couri;y J^ CIf'C 90N 3. Operator Information: A sir,:? of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Opeiatorin Responsible Charge or ORC) Name R P Q s %4s Terms -PNC- • Mailing Address P.o . AA 13J5 City ' AskeUluLL State / Zip Code Telephone Number 10,06 6 @ 2 a%q Fax Number "an a') 511DO 1 of Form-D 05108 c NPDES APPLICATION a FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Eacil� Generating Wastewater(check all that applyt I.adustrial M Number of Employees Commercial Number of Employees Residential Number of Homes 1+ School Number of Students/Staff Other Explain: Describe the source(s) of wastewater (example subdivisio) mobile home park, shopping centers, restaurant:. etc.): PNIAP% '1 -. SeAS6N#tt- R''eSL4eMTIitL. Population served.` 5. Tape of collection system j . 'Separate (sanitary sewer only) 6. Outfall Information: Combined (storm sewer and sanitary sewer) Number of separate discharge points !3utfall Identification number(s) ..l '.s the outfall equipped with a diffuser? Yes QIKo 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfallj: �Qr� Q, . ;, rk V e r- B. Frequency of Discharge: M Continuous Intermittent If intermittent: Days per week discharge occurs; fjf pM Duration: ��Q Irii�LY TO 7 /•1tCS tL� 9. Describe the treatment system List a//installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. /f the space provided is not sufficient, attach the description of the treatment system in a separate sheet ofpaper. 2 of Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow "`,.may P MGD • O o�.5 %J� Sr/i �� Annual. Average daily flowQ MGD (for the previous 3 years) Maximum daily flowd Q MGD (for the previous 3 years) 11. Is this facility located on Indian country? Is Yes 011Go 12. Effluent Data Provide data for the parameters /fisted. Fecal Col/form, Temperature and pHsha//be grab samples, fora// otherparamete. 24-hour composite sampling shall be used lfmore than one analysis /s reported, report dai/y maximum and monthly avet ; /f crtty one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) 17 S A rr 35 /N Fecal Colform 9L51 DaM Total Suspended Solids egg 1 O M 4-11 Temperature (Summer) 5' 37 1.3 I �0 V L Temperature (Winter) pH tP • 7 6%114 all, tj UN 17. Ust all permits, construction approvals and/or applications: Typr? Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (3DWA) Ocean Dumping (MPRSA) NPDES At Dredge or fill (Section 404 or CWA) PSE, (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Permit Number 7 7S 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. Printed name of Person Signing u-•Z� Title / Signature of Applicant Date Nor"? Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in ajny appli-; ion, record, report,. plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Manager•ie: d 3 -,' Farm-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Comm:,3sion implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device.or r1 rewired to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, s guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Sectioc; . j I provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of Form-D 05108 Cedar Hill WWTP Description Phase 1- 25,000 gpd of 100,OW gpd permit consists of: 26,709 gallon aeration 9,325 flow equalization 5,327 gallon clarifiers 4,435 gallon sludge holding 900 gallon chlorine contact 300 gallon de -chlorine post aeration chamber Dual 7.5 hp main plant blowers 1.0 hp flow equalization blower Flow meter Sludge Management Plan The owner contracts with RPB Systems, Inc. of Asheville to maintain the system for daily O& Nt maintenance, testing, lab sampling, reporting, and sludge management. RPB Systems, Inc. wastes sludge as needed to the sludge digester. Periodically the sludge is removed from the site by a sludge hauler. B&B Concrete Products, Inc. is the sludge hauler for this facility and will provide the sludge removal and hauling to the Tuckasegee WWI? in Sylva. B&B Concrete Products, Inc. will dispose of the sludge in an approved discharge location, pay for all tipping/disposal fees. Resources Planning Corp Cedar Hill WWTP lity. - Latitude: 35° 41' 44" N State Grid: Big Ridge tion scale LNh Longitude: 830 04' 15" W Permitted Flow: 0.100 MGD Receiving Stream: Horsepasture River Drainage Basin: Savannah River Basin Class: C Trout Sub 03-13-02 NPDES Permit No. ' 41,111,Stream - -Basin: Jackson Co. cc: Central Files slaeviDle e ig c+naWM_ Surface Water Protection NPDES Unit File NCO068918 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer WA ' } v .4 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2011 CODY S JONES MANAGER r CEDAR BEACH INVESTMENT GROUP, LLC PO BOX 20670 CHARLESTON SC 29413 Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Jones: Division personnel have reviewed and approved your -request to transfer ownership of the subject permit, received on May 2, 2011. This permit modification documents the change of 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) 807-6304. Scerely Coleen H. Sullins El 4 w MAY 9 2011 WATER QUALITY SECTION t r ASI-;EVILLE REGIONAL OFFICE N6- thCarolina 5 1 Permit NCO068918 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 Cedar Beach Investment Group, LLC is hereby authorized to discharge wastewater from a facility located at the Cedar Hill WWTP US 64 East at :Cedar Hill Jackson County to receiving waters designated as Horespasture 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 May 5, 2011. This permit and authorization to discharge shall expire at midnight on August 31, 2012. Signed this day May 5, 20.1 V -Qeen H. Sullins, Director--_.._.- Division of Water Quality By Authority of the Environmental Management Commission Permit NCO068918 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility,_ whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority - to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Cedar Beach Investment Group, LLC is hereby authorized to: 1. Continue to operate an existing 0.10 MGD wastewater treatment facility with the following components: • 8,325 gallon equalization tank with submersible pump • Standard metal static bar screen • 25,000 aeration tank • Dual clarifiers • Tablet chlorination tank and tablet Dechlorination • Effluent flow monitoring and sampling • Sludge holding tank. with a 30 day holding capacity • Effluent lift station with duplex submersible pumps, and • Diesel powered standby generator This facility is located and West of Cedar Hill Road, on Hwy 64 East, Cashiers, in Jackson County. 2. Discharge from said treatment works, through Outfall 001., into the Horsepasture River, classified C-Trout waters in the Savannah Broad, River Basin, at the location specified on the attached map. Permit NCO068918 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS_ .:. ,. Monthly Average Daily Maximum Measurement Sample Type Sample Location Frequency Flow 0.10 MGD Continuous Recording Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NHs as N 11.0 mg/L 35.0 mg/L Weekly Composite Effluent (April 1 — October 31 NH3 as N 14.0 mg/ L 35.0 ug/ L Weekly Composite Effluent (November 1 - March 31 Fecal Coliform 200/ 100 mL 400/ 100 mL Weekly Grab Effluent (geometric mean Total Residual Chlorine 28.0 ug/L 2/Week Grab Effluent Temperature oC Monitor & Report Daily Grab Effluent Total Nitrogen Monitor & Report Semi- Composite Effluent N O2+NO3+TKN Annuall Total Phosphorus Monitor & Report Semi- Composite Effluent Annually pHl Monitor & Report Weekly Grab Effluent Footnotes: 1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. d WATFR Beverly rvcs Padre, Governor �p QG Dee Freeman. Y r North Caolina DWmmt of BavirarMdmd Wahl Resowas O � Coleen Ii. Sullins, Director Divisionof Water Quality L Please enter the permit number for Which the change is requesm NPDF,S Permit (or) Certificate of Coverage ZLFI �. .a. Permit status -prrior to status change. & Permit issued to (company name): 'z3OUAa:5 B A d L1we G ri90 V z b. Person legally responsible for permit: First 1irtl ' Lact rile Peamit Holder lhtg Address My State Zip Phone FWc C. Facility name (discharge): e d. Facility address: - Address Z017 city state zip e. Facility contact person: ( } First / M / Last Phone M. Please provide the following for the regne#ed change (revised Permit) -Request for change is a result of-. ® Change in ownership of the facility ❑ Name change of the facility or owner If otherplease explain: b. Permit issued to (companyname)- C-Q Aa' 13 c. Person legally responsible for permit: 14L2 r AG Lam title Peamit�oWcrMwiling Address s i t a i f .• Q "Ll'i"Y Ph a &mal Address Uff POI C. Facility address: Address f. Facility contact person: Lan _ Phone Address iZe*W VM PERMIT NAME/OWNERSHIP CHANGE FORM - Page 2 of 2 1V. Permit contact information (if different from the person legally responsible for the permit) Permit contact: t Yale Mailing Address City Slate Zip Phone E-mail Address V. WA the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? a"I Yes ❑ No (please explain) Required Items: TEIS APPLICATION WILL BE RET7-- UNPROCESSID 1F ITEMSVL . ARE INCOMPLETE OR NIISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is reuu1md for an ownership change request- Articles of incorporation are not sufficient for an ownership change. ...................................................................................................................... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMnTEE CERTIFICATION (Permit holder prior to ownership changes): 1, _ : attest that this application for a namelownership change has been reviewed and is accurate and complete to the best of nay knowledge. I understand that if all .required prods of this application are not completed and that if all required supporting information is not included, this application package will be as' 00 lete., Lor<ro� a 2 ZZ 2011 Signattue Date APPLICANT CERTIFICATION 11 , attest that this application for a name ownership change has been reviewed and is accurate and complete to the best of my knowledge_ I understand that if all regained parts of this application are not completed and that Wall required supporting informationk is not included, this application package will be returned as.is lets. f Signature ................................��.• 57, PLEASE SEND TEE COMPLETE APPIUCATION PACKAGE TO: Division of Water Quality Surface water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RedsedIrM STATE OF NORTH CAROLINA COUNTY OF JACKSON THIS ASSIGNMENT is made effective thiQgA day oftb+'�F+- 2011, by RESOUCES PLANNING CORPORATION, a Michigan. corporation, herein fter "Assignor" and JAMS WOODHAM, hereinafter "Woodham" to CEDAR BEACH INVESTMENT GROUP, LLC, a South Carolina limited liability company, hereinafter "Assignee", joined by the North Carolina Department of Environment, Health and Natural Resources for the purposes set forth hereinbelow. RECITALS THAT, WHEREAS, Assignor is the owner and permittee of the permit and all ri�ts to operate the waste water treatment plant'as set forth -in Permit Number A/ C 6 l a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS Woodham is the permittee of certain e ri under the above - referenced Permit as set forth on the Permit Number . AN, c } �' a copy of which is attached hereto as Exhibit `S" and incorporated herein by reference; and WHEREAS, Assignor and Woodham desire to assign all of their collective rights under the above -referenced Permits and' Waste Water Treatment Plant, whether or not evidenced by permits to Assignee. NOW, TIIEREFORE, all the rights and interests of Assignor and Woodhain under the Permits attached hereto as Exhibits "A" and "B", and any and all other rights sais Assignor and Woodham may and/or ought to have in the operation and use, for any purpose, of said Waste Water Treatment Plant are hereby assigned to Assignee, CEDAR BEACH INVESTMENT GROUP, LLC. AND, by acceptance of this Assignment, Assignee accepts all duties and obligations of Assignor and Woodham under the above -referenced Permits. IN WITNESS WHEREOF, Assignor has caused these presents to be signed by its Vice - President all by order of its Board of Directors duly given, Woodham has set its hand and seal and Assignee has caused these presents to be signed by its Manager, the day .and year first above - written. RESOUCES PLANNING CORPORATION, a Micluga.p ' ration Man. 'dston, Pr Alesident JAM ES WOODHAM CEDAR BEACH INVESTMENT GROUP, LLC, ,South Carolina limited liability company Randolph W. Cooper, Manager STATE OF COUNTY OF I, a Notary Public of , s County and State aforesaid, certify that ALLAN L. KIDSTON personally came before me this day and aclmowledged that he is president of RESOUCES PLANNING: CORPORATION, a Michigan corporation, and that he, as president, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my band and official seal, this the day of `� 2011. (SEAL) s c c otazY) MY My Commission Expires: STATE OF COUNTY OF I, a Notary Public of County and the State aforesaid, certify that the following person(s) personally appeared before me this day, each ackmwledging to me that he or she signed the foregoing document: JAWS WOODHAM. DATE: (OFFICIAL SEAL) Notary Public (printed Name of Notary) My Commission Expires: 2 r- t STATE OF ty� 7 WO ODHAM - CEDAR BEACH iNvESTMFXr GROUP, Oca So Carol- limited lia Go BY: (7z olph W_ Co per, Manager r7 1, a Notary Public of 2- , County and State aforesaid, certifji that ALLAN L. ICIDSTON personally came before me this day and acknowledged that he is president of RESOUCES PLANK NG CORPORATION, a Nchigan corporation, and that he, as president, bemg authorized to do so, executed the foregoing on behalf of the corporation. w-t m my hand and official seal, this the _ _ day of � ttcz 4. _ 2011. (SEAL)fi mis r -1 (Printed Ramme o } My Commission Expires: STATE OF N L- COUNTY OF j&, smJ I, a Notary Public of aIJ County and the State aforesaid, certify that the following persons) PersamRUY appeared before mo this day, each admowledging to me that he or she signed the foregoing docurnent JAMES WOODHAM. DATE--3" C?'a- 11 (OFFICIAL SEAL) J(Z ,,- aim /P TErvi Notary PublicDTARY ) Z z I �t'✓?5a t. c�i�'i'1 — ' (PrinwlName ofNotmy) My Commission Expires:, A n STATE OF 61 COUNTY OF v r �. L allotary Public of onr� wd State aforesaid, do hereby ce that RANDOLPH W. COOPM Manages of CEDAR BEACH WMTMENT GROUP, LLC, a South Carolina limited liability company, pawnally appeared befoxe rue this day and acknowledged the due execution of the foregoing instrument on behal€ of the company. =S my hand and official stamp or seal, this the 2_' J&y of TI � , 2011. (SEAL) Abtary Public v�,,yrArtr �/iF•';P MY coManss roa a My Commission Expires: _ fV VREs 4 wuouo-0 � %.9�fi f'Uli1, `c, •�laailE�ilit's��, Name of Notary This instrument prepared by: Kimberly P. Coward Coward, Hicks & Sher, P.A. PO Box 1918 Cashiers, NC 28711 ~' SEssoRs �� Received �� � o BAR n } ill "' ilimilimillimilull Doc ID• 0013,4783QD03 Type: CRP Recorded: 03/21/2011 at 04:14:46 Ph Fee Amt: $25.W Page f cfi 3 Excise Tax:-� Jackson CouQX./�NC Joe 8K NQ QV V pGT95-49iton Register of 7 V Rev. $0.00; improved; not primary residence PIN; 7582-24-2106; 7582-12-8MO-, 7582-234878; 7582-25-2*915; whole transfer STATE OF NORTH CAROLINA COUNTY OF JACKSON NON -WARRANTY DEED TITLE TO LAND DESON I O HI✓RFJN NOT GERTIRED UNtE83 TWS NON -WARRANTY DEED is made this ��day of , 2011, by and between MOUNTAIN VIEW VENTURES, INC., a North Carolina corporation, orro Box 290, Pawley°s Island, SC 29585, hereinafter referred to as "C =tor," and CEDAR BEACH INVESTMENT GROUP, LLC, of 220 Church Street, Suite 102, Mt. Pleasamt, SC 29464, hereinafter referred to as " Orantee." The terms grantor and grantee shall be used as neuter sivagular designation of the parties hereto, their personal representatives, heirs, successors and assigns. WITNESSET H: That the C=ntor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situatxl in Cashiers Township, Jackson County, North Carolina, and more particularly described as follows-, TRACT ONE: MING ALL Lot 73B, containing 2.26 acres, as shown on a plat thereof recorded in Plat Cabinet 5, Slide 735, rackson County Registry to which reference is specifically made, and all of those certain parcels of land described in the deeds recorded in Book 876, Pages .Z c HOW No AdvLON �uap�sald uo�sprx uonmodzoa uuRo ea ON s ` D `Sg2 I NHA MH A MVINn.OW -ua�rinn -anogE jUg MM k pus kep aql `aaerg f.inp slogoalrQ p pleog ski p -mplo gq 1p &IWP!Smd—IOIA91 ,iq pomoaxa.aq of sluo=d os-,v pasnsa seq Ion aql `3Oaw-mim SSdNLim m •paquosop anogew=q Ajodoui aip (n app on se `pardon jo ssaldxo `,4u=m m ou saVa IMUMD -I L -aiduns aaj ui as;umD op of Suiguoiaq opm* soomu4mdde pUV saBarreud IIE pug puej jo lmw-d jo loi ppmwoje aql MOH Ol (MV gA-'H OZ pies jo OZ rdujftnd uq AIieinapsed aloUa WOJ las se Waw=BV PPS m PaquOSOP PueI alo gjTm utu sjgBu pis goNm °opuaa ,(neaToads si 9aualaJM gargen of `LIsao?I Aunoa uosyLae f `SZZ 029d `699I loog m Papjo= ,$unoZ) uospsr 1p!m luoumo&V luauidorana(I aaueurpio Aunao uoslou f uMm WW ui gaao3 las se aowm J jo sWI, Jig Pug AuV =OA.L JLDV I.L . •uxaa & (.Iamos) luaunwil IalMMM pus u MAS Islam uorsur WS IItH nT*'J aglp squauiaia pm seams uoumoo `word �uauq�aal� Ia�Ema�sem `s[iata gmo_l agl3o Ilu sun nuoa auO meld, Paquasap anoge aqd, 'saqjud Peril of po,,anuoo olodolmq sussed Tp puu Am iAaDxa cw SS3'I `apm &uwu oa& sr aou=T;'J. tiargm of Smsp-d Alun(ya uosAm f `L 1 S aPgS `£ Vu!quZ) laid uL papsoom joala* jold t; uo uncmotis se saloe iVEggZ 2nraaeluoo puv-1 p iaaled mm= pm `Zg apgS `S laurgeo l'BId m PaPaoaai d =tp md-e uo umogs se `saran IL•Oj Suimuluoa `H igmd `s=g LV£ZZ gum%uoa `V iomd ss poquosop se pue `spear diruagroads st aouaaadal RPRA of ASP-9 Auno3 uosloef `S£ PuR S£ STATE OF C`tts d;OUNTX OF I, a Notary Public of the County and State aforesaid, certify that "Allan L. Kidston, personally a before me this day and acknowledged that he is President of MOUNTAIN VIEW VENTURES, INC., a North Carolina corporation, and that he as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the c�._._ day of 201 L (OFFICIW��YY/-t,120 o �'' �e+m= Notary Pu printed N e of My WA10U0-0872Wmuwartanty deed CSJ aalty Advisors, LLC 0 F owe c�� �cnn M 843 224 7260 E csjchas@aol.com Guerr aLgob From: Robert Barr [RBarr@rpbsystems.com] Sent: Wednesday, January 05, 2011 8:38 AM To: Guerra, Bob Subject: Cedar Hill Attachments: Bob Barr.vcf N Bob — per our conversation I am forwarding contact information for Cedar Hill in Jackson County. I understand James Woodham is going to be involved like before with the POA and the new owner so he would still be your contact. The new owner waiting on the attorneys to complete the transaction is Cody Jones (843)-224-7260. We spoke last Friday and is planning on working with us as soon as the ownership transfer of title is complete. Let me know if you need any further information. I guess legally for now Alan is still the owner but has been foreclosed by Cody's firm. Bob Barr RPB Systems, Inc. Construction a Contract Opera... (82$)) 251-1900.kQ&k, - (823);2 0-102iMobile rbarr Cq-rpbspstems. cem P.0. Brix 134� Asheville;;�lC 28802 {n�Rriv;�,rpbsystems'.eom 1 IG .ti i� 1 •1 MAR - 5 h 2012 t 2011 ' WATER QUALITY ScCTIONI ' AS {EVILS t RcnIOMAL OFFICE System Performance Ann e� - Wastewater S fi:$,.,"i`. (i`z `' em p:.W :ice.- r'' ,'(` e f Genera8 Information m Facility/System name: Cedar Mill Wastewater T o Responsible Entity: Cedar Beach Investment Group ® Person in Charge: Cody Jones a Telephone number: (843) 224-7260 ��� FEB 2 9 2012 © Contractor Operator in Responsible Charge: RPB Systems, Inc. -Michael Beck ® Telephone number: (828) 251-1900 o Applicable Permit: WDES.W,9005.69.1,8 Expires: 8/31/2012 ® Description of Treatment System: The Cedar Hill wastewater treatment plant is a 0.10 MGD wastewater treatment facility with flow equalization tank, static bar screen, aeration tank, dual clarifiers, chlorination and dechlorination equipment, sludge holding tank with a 30 day capacity, effluent lift station with duplex submersible pumps and a standby diesel generator. The facility is located west of Cedar Hill Road on Hwy 64 East, Cashiers, NC. The treated effluent discharges into the Horsepasture River, part of the Savannah Broad River Basin which is classified as C-Trout waters. Page I of 3 Ill. Performance • Summary of System Performance for 201.1 The facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility had no violations of their permit in 2011. 2011 Monthly Compliance Summary o January 2011-Compliant • February 2011-Compliant 0 March 2011-Compliant ® April 2011 -Compliant • May 2011-Compliant ® June 2011-Compliant • July 2011-Compliant ® August 2011-Compliant e September 2011-Compliant ® October 2011-Compliant ® November 2011 Compliant ® December 2011-Compliant • Listed below are the monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2011. Flow BOD TSS NH3N Fecal Jan 0.000448 3.0 6.6 3.88 1.0 Feb 0.000276 3.0 6.1 4.95 1.0 Mar 1 0.002524 6.7 9.6 1.87 1.0 April 0.000600 13.3 11.1 0.64 1.0 May 0.000596 16.0 10.2 0.44 2.0 June 0.000561 18.0 9.3 0.58 3.0 july 0.000768 15.0 6.1 0.66 1.0 Aug0.000489 9.0 5.0 0.52 1.0 Set 0.000525 3.8 6.5 0.22 3.0 Oct 0.000386 2.0 5.0 0.28 .3.0 Nov 0.001590 2.0 5.7 0.27 24.0 Dec 1 0.000459 1 2.0 5.0 0.29 4.0 Permit 0.10 INIGD 30/45 30/45 mg/l 11.0/35.0 200/400 Limits mg/I mg/I Summer col/100ml 14.0/35.0 mg/I Winter Page 2 of 3 4 • Corrective Actions: No corrective actions were required at this facility during 2011. • Environmental Impact: There were no observable environmental impacts at this facility in 2011. 111. Notification Customers will be sent a copy of this report by mail. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this systern,50 that those users have been notified of its availability. I am aware that the are significant penalties for submitting false information. Cody Jones Signature Date Page 3 of 3 �A"'e A� 2010 System Performance Annual-Mep®rf' Wastewater Treatment Fac- lift' �-� 1. General Information • Facility/System Name: Cedar Hill W • Responsible Entity: Cedar Beach Investment Group • Person in Charge: Cody Jones • Telephone Number: (843) 224-7260 11 li ! MM 1 4 2011 i .-. li VVA TER QUA.LIT`( SECTION A• `�� i'l FEE 'OVAL OFFICE • Contractor Operator in Responsible Charge: RPB Systems, Inc. -Michael Beck • Telephone Number: (828) 251-1900 • Applicable Permit: NPDES NCO068918 Expires: 8/31/2012 • Description of Treatment System: The Cedar Hill wastewater treatment plant is a 0.10 MGD wastewater treatment facility with flow equalization tank, static bar screen, aeration tank, dual clarifiers, chlorination and dechlorination equipment, sludge holding tank with a 30 day capacity, effluent lift station with duplex submersible pumps and a standby diesel generator. The facility is located west of Cedar Hill Road on Hwy 64 East, Cashiers, NC. The treated effluent discharges into the Horsepasture River, part of the Savannah Broad River Basin which is classified as C-Trout waters. Page 1 of 3 II. Performance • Summary of System Performance for 2010 The facility is well maintained and in good operational condition. Records are being maintained as required by their NPDES permit. The treatment facility had no violations of their permit in 2010. 2010 Monthly Compliance Summary • January 2010-Compliant • February 2010-Compliant • March 2010-Compliant • April 2010-Compliant • May 2010-Compliant • June 2010-Compliant • July 2010-Compliant • August 2010-Compliant • September 2010-Compliant • October 2010-Compliant • November 2010Compliant • December 2010-Compliant • Listed below are the monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2010. Flow BOD TSS NH3N Fecal Jan 0.001010 2.2 5.0 0.43 1.0 Feb 0.000469 2.3 5.0 0.66 1.0 Mar 0.000235 3.0 5.0 0.53 1.0 April 0.000140 9.0 6.4 0.25 1.0 May 0.000143 12.3 8.5 0.14 2.0 June 0.000377 21.0 8.6 0.21 1.0 July 0.000460 19.0 8.3 0.18 1.0 Aug0.000369 16.0 9.0 0.18 3.0 Set 0.000193 21.0 6.1 0.24 7.0 Oct 0.000496 10.0 6.2 0.22 1.0 Nov 0.000896 3.7 5.4 0.12 1.0 Dec 1 0.000839 2.0 11 0.22 2.0 Permit 0.10 MGD 30/45 30/45 mg/I 11.0135.0 200/400 Limits mg/I mg/I Summer col/100mI 14.0/35.0 mg/I Winter Page 2 of 3 • Corrective Actions: None required • Environmental Impact: There were no observable environmental impacts at this facility in 2010. Ill. Notification Customers will be sent a copy of this report by mail. IV. Certification I certify under penalty of law that this report is accurate and complete to the best of my knowledge. I further certify that this report has been made available to the users or customers of this system and that those users have been notified of its availability. I am aware that there are significant penalties for submitting false information. y Jones Date Signature Page 3 of 3 A74A .�v� Pat McCrory Governor NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality . Charles Wakild, RE. John E. Skvarla, III Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 Dear Mr. Jones: Director April 2, 2013 Subject: NOTICE OF VIOLATION NOV-2013-LV-0203 Permit No. NCO068918 Cedar Hill WWTP Jackson County Secretary A review of Cedar Hill WWTP's monitoring report for December 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 12/26/2012 400 #/100ml 620 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or meat 8281296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section DWQ Central Files RPB Systems/ ORC S:\SWP\,lackson\WastewaterWlinors\Cedar Hill (Resources Planning) 68918WOV-2013-LV-0203.doc One NorthCarohna ,UA MMAY North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterauality.org FAX (828)299-7043 47LA F. NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina .29413 Dear Mr. Jones: Division of Water Quality Charles Wakild, P.E. Director October 8, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0510 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dee Freeman Secretary A review of Cedar Hill WWTP's monitoring report for June 2012 showed the following violation: Parameter . Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 06/12/2012 400 #/100ml 500 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerely, Chuck 6ranford, Regional Supervisor Surface Water Protection Section sc •. .i r, 9-0 evihevih II DWQ Central Files Michael Beck/ ORC r S:\SWP\Jackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\NOV-2012-LV-0510.doc NorthCarolina Nathwily North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterouality.org FAX (828)299-7043 LE Ca-a . �sC,FY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 28, 2010 Mr. James C Woodham Resources Planning Corporation PO Box 1298 Cashiers, NC 28717 SUBJECT: Compliance Evaluation Inspection Cedar Hill WWTP Permit No: NCO068918 Jackson County Dear Mr. Woodham: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 21, 2010. The facility was found to be in compliance with permit NC0068918. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: RPB Systems Inc. Central Files � k C'1— , his` 6_viIIePFiles S:\SWP\Jackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\CEI 4-21-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-7043 \ Customer Service: 1-877-623-6748 Nawrialill Internet: www.ncwaterguality.org 41 United States Environmental Protection Agency Form Approved. EP ^ Washington, D.C. 20460 H OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO068918 111 121 10/04/21 117 181 CI 19I SI 20II Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA — Reserved 67I 1.0 169 70131 711 I 72I N I 73I I 174 751 I I I I I I 180 t_I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users'discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cedar Hill WWTP 10:30 AM 10/04/21 07/11/01 Exit Time/Date Permit Expiration Date Cedar Hill Development Cashiers NC 28717 11:10 AM 10/04/21 12/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted James C Woodham,PO Box 1298 Cashiers NC 28717//828-743-2118/82874331i6 es Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ /l Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date /I 04 5� f i EPA F m 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO068918 I11 12I 10/04/21 I17 18iCI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) INSPECTION: The certified, contract operator from RPB Systems, Mr. Michael Beck, assisted in the inspection. The manager of Cedar Hill Development, Mr. James Woodham, was also present during the inspection. COLLECTION SYSTEM: Currently, there are two collection system lift stations installed; one with two connections, the other one doesn't have any. The one in use is equipped with telemetry. The collection system is considered deemed permitted and complies with the 2T regulations. TREATMENT UNITS / PROCESS CONTROL TESTING: The activated sludge aeration basin process control data was as follows: Settleable Solids = <1 % Note: Currently, only two homes are contributing to the wastewater flow. PERMIT / RECORDS / REPORTS: A review of the files indicates that the last compliance evaluation inspection was conducted on 7-29-09 by Wanda Frazier. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed, as a reminder. The log book was present on -site and had good notation of daily events. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 6.2 mg/I pH = 6.5 units Temperature = 9.6 degrees Celsius Chlorine = <18 ug/I Page # 2 Permit: NCO068918 Inspection Date: 04/21/2010 . Owner - Facility: Cedar Hill WWTP Inspection Type: Compliance Evaluation OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. Michael Beck does an excellent job of documenting daily events and operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 3-4-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page # 3 Permit: NCO068918 Owner - Facility: Cedar Hill VWVfP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n 00 Judge, and other that are applicable? Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n ❑ n Is the basin free of excessive grease? ■ 0 ❑ n Are all pumps present? ■ ❑ 0 n Are all pumps operable? ■ n ❑ f_l Are float controls operable? ■ n n n Are audible and visual alarms operable? ■ n n ❑ # Is basin size/volume adequate? ■ n ❑ n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? n n ■ Cl Are the diffusers operational? ■ Cl ❑ n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ 0 ❑ n Page # 4 Permit: NC0068918 Owner - Facility: Cedar Hill VVWTP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level 6cceptable?(1.0 to 3.0 mg/1) n n ■ n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ n ❑ n Is the site free of weir blockage? ■ ❑ n Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? ■ 0 n n Is the site free of excessive floating sludge? ■ n . n n Is the drive unit operational? ❑ n ■ n Is the return rate acceptable (low turbulence)? ■ Ll n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ■ o n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n ❑ n Are the tablets the proper size and type? ■ n 00 Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ n Is there chlorine residual prior to de -chlorination? ■ ❑ n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Page # 5 Permit: NCO068918 Owner - Facility: Cedar Hill VWV-rP Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation %f-- \l- LI11 110 Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? 2 Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n ■ n n Do the generator(s) have adequate capacity to operate the entire wastewater site? n ■ n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: The propane generator self tests every Thursday. In addition, the ORC tests the generator. The generator runs the wastewater treatment equipment only, not the water system. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ Cl Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? 0000 Comment: Page # 6 MAR 042010 DEE�N_ ,'-',YE-R QUALI 1-Y POINTRnURC.Ff F-41RANCH System Performance Annual Report YS Wastewater Treatment Facility L General Information Facility/System Name: Pedar Hill Wastewater _ prTre&30 Pl ow Ventures,. l Responsible Entity: Mountain V T T D E El APR 16 2010 WATER QUALITY SECTION I ASHEVILLE- REGIONAL OFFICE Person in Charge'. James Woodharn ::Telephone Number. (828) 743:21 18 piresL.8r In Ex i�* -'Applicable Permit NPDES NC-0 Ogg as P 1> q 3---5 Descriptio In of Treatment YStem: The Cedar Hil[wastewater treatment plant is a 0.10 MGD wastewater treatment `facility with ow equalization tank static bar screen, aeration tank, dual chlonnatioh and dechlorinarion equipment, sludge holding tank ataiik--with..; - . . .... .... -30 day capacity; effluent lift station with duplex submersible pumpsa standby dles&gbyierat0r. The facility is located west of Cedar Hill Road on Hwy - 64 East Cashiers, NC. The treated effluent discharges into the HorsepasturG River, part of the Savannah, Broad River Basin which is dasdified as C-TrOut waters. 11. Performance Summary of System performance for2009 condition. Records be The facility is well maintained and in good operation nd ion. R rds are being maintained as required by their NPDES permit. The treatment facility had no violations of their permit In 2009 Page 1 of 3 • 2009 Monthly -Compliance Summary Japuary 2009-Compliant i • February 2009-Compliant • March 2009- Non Compliant-BOD Monthly Limit 30.0 mg/i BOD Monthly Average 33.6 mg/l April 2009-Compliant May 2009•Compliant • June 2009-Compliant • July 2009-Compliant • August 2009-Compliant • September 2009-Compliant - October 2009-Compliant • November 2009Compliant • December 2009-Compliant(- I • Listed below are the monthly Discharge Monitoring Report parameters as reported to the Division of Water Quality in 2009: ,,. A. Flow BOD TSS: ]NH]3N Fecal Jan 0.000310 16.0 6.3 0. 2.0 Feb 0.000152 . 18.0 4.9: 0:10.. :2.0 Mar 0.000268 33.8• 8.5. 0.10 ; 2.0 April 0.000376 .. • 29.6 . 6.1 `.:... 0:13. _ 6.0 May0.001042 21.9 3.8, :. 0:10 ,- 2.0' June 0.000472 28.9 8.7.. July 0.000929 25.3 9.0 0.14 2.0 fiNg OA01070 i 21.0 6.6 .a 0.15. 3.0 Sept 0.000916 14.6 6.2 0:16-' 2.0'' Oct 0.000783 7.5 6.2 0.10 11.0 Nov 0.000450 9.3 8.8 0.10 30.0 Dec 0.000598 5.7 6.4 0.61 2.0 i i.Ot35.0 mgll Summer 0.10 30/45 30/45 u.0135.0 m9A 2DO1400 Permit Limits MGD m m 11 Winner coi/100m1 Page 2 of 3 Corrective Actions: In March 2009 return sludge and aeration rates were changed to correct high BOD results. Environmental Impact: There were no observable environmental impacts at this facility in 2009. Nofi� ifecation Customers will be sent a copy of the report by mail. IV. Certification. i certify under penalty of law that this report is accurate and complete to the best , of my kriawledge. I further certify that this report has been made available to the users `or Customers of this system and that those users have been notified of its ,..-- . -- -•--- at-4 st— -- c;nn;nnnnt nnnnities for submitting false Mountain View Ventures Page 3 of 3 A 4. �0 �. t NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 6, 2009 j Mr. James C. Woodham Resources Planning Corporation PO Box 1298 Cashiers, NC 28717 Subject: NOTICE OF VIOLATION NOV-2009-MV-0151 Permit No. NCO068918 Cedar Hill WWTP Jackson County Dear Mr. Woodham: A review of Cedar Hill WWTP's monitoring report for August 2009 showed the following violations: Parameter Date Measuring Frequency Violation Flow August 1 & 2 Continuous Failure to monitor Remedial actions, if not already implemented, should be taken to correct any problem. There were NOT any comments provided on the reverse of the relevant DMR to explain the violations, norwas the facility status marked as non -compliant. To preventfurther action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4662. cc: WQ Central Files Sincerely, RogeriC. Edwards, Regional Supervisor Surface Water Protection Section i One G:\WPDATA\DEMWQ\Jackson\68918 Cedar Hill (Resources Planning)\68918 NOV-2009-MV-0151.doc NorthCarolina 'Aft,11711!f North Carolina Division of Water Quality 2090 US Highway 70; Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.newaterguality.org FAX (828) 299-7043 1-877-623-6748 U E C NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 31, 2009 Mr. James C. Woodham Resources Planning, Corporation PO Box 1298 Cashiers, NC 28717 SUBJECT: Compliance Evaluation Inspection Cedar Hill Development WWTP Permit number: NCO068918 Jackson County Dear Mr. Woodham: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on July 29, 2009. The facility was found to be in compliance with permit NC0068918. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure xC: Central Files e 'I' FBI s email: Bob Barr @ www.rpbsystems.com Mike Beck @ fbnracing870yahoo.com NorthCarolina Natu-na!!il North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwaterauality.org FAX (828) 299-7043 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Repo Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 I SI 31 NCO068918 111 121 09/07/29 117 18I CI 191 sI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ---- --- -- -Reserved-------------- 671 1.0 169 70131 711 I 721 NI 73[_Jj 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Cedar Hill WWTP 10:20 AM 09/07/29 07/11/01 Exit Time/Date Permit Expiration Date Cedar Hill Development Cashiers NC 28717 10:50 AM 09/07/29 12/08/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Michael Dwayne Beck/ORC/828-545-7724/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted James C Woodham,PO Box 1298 Cashiers NC 28717//828-743-2118/828743317y6 es Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ �-7t/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 6>(-)IC-�'(.? 01 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO068918 I11 12I 09/07/29 117 18Icl (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) INSPECTION: The certified, contract operator from RPB Systems, Michael Beck, assisted in the inspection. The manager of Cedar Hill Development, James Woodham, was also present during the inspection. COLLECTION SYSTEM: Currently, there are two collection system lift stations installed. One has with two connections, the other one doesn't have any. The one in use is equipped with telemetry. The collection system is considered deemed permitted and complies with the 2T regulations. TREATMENT UNITS / PROCESS CONTROL TESTING: The activated sludge aeration basin process control data was as follows: Settleable Solids = <1 % Note: Currently, only two homes are contributing to the wastewater flow. PERMIT / RECORDS / REPORTS: A review of the files indicates that the last compliance evaluation inspection was conducted on 9-26-2007 by Janet Cantwell. The permit expires on 8-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed, as a reminder. The 2008 Annual Performance Report has been filed for the year and was received on 2-26-2009. The log book was present on -site and had good notation of daily events. OPERATIONS / MAINTENANCE / SUMMARY: This facility appears to be well operated and maintained. The operator was on -site during the inspection and is doing an excellent job. EFFLUENT: The effluent appeared to be clear, indicating compliance with permit limits. Page # 2 0 Permit: NC0068918 Owner - Facility: Cedar Hill VWVTP Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Cl ❑ ■ ❑ Is the facility as described in the permit? n ■ n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ Cl n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Everything is correct, except: "diesel" powered standby generator. The generator is propane powered. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical f l Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ n n n Is the basin free of bypass lines or structures to the natural environment? ■ n n n Is the basin free of excessive grease? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ® n n n Are float controls operable? ■ ❑ ❑ ❑ Are audible and visual alarms operable? ■ n n n # Is basin size/volume adequate? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ n Page # 3 Permit: NCO068918 Owner - Facility: Cedar Hill VWVTP Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are surface aerators and mixers operational? n n ■ Cl Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ■ n n n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: . .. V- Ml CIA Mp Type of system ? Tablet Page # 4 t Permit: NC0068918 Owner - Facility: Cedar Hill WWTP Inspection Date: 07/29/2009 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ® ❑ Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ . Are tablet de -chlorinators operational? ■ n n n Number of tubes in use? a Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ Cl n n If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ® ❑ Comment: Pump Station - Effluent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ ❑ n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are float controls operable? ■ n n ❑ Is SCADA telemetry available and operational? ■ n n n Is audible and visual alarm available and operational? ■ n n n Comment: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ ❑ n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n ■ ❑ n Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Page # 5 r] Permit: NCO068918 Inspection Date: 07/29/2009 Owner - Facility: Cedar Hill wWTP Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Comment: The generator self -tests every Thursday. In addition, the ORC tests the generator regularly. The generator is propane powered. It runs the wastewater treatment equipment only, not the water system. V-- AL, AIA IJF Operations & Maintenance Is the plant generally clean with acceptable housekeeping? ■nnn Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ 0 Judge, and other that are applicable? Comment: The operator does an excellent job of monitoring the process, operations & maintenance, as well as, documenting daily events. Page # 6 Alkn _M ,.,a L CCIPY NCEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director SURFACE WATER PROTECTION SECTION July 14, 2009 Mr. James C. Woodham Resources Planning Corporation PO Box 1298 Cashiers, NC 28717 Secretary Subject: NOTICE OF VIOLATION NOV-2009-LV-0303 Permit No. NCO068918 Cedar Hill WWTP Dear Mr. Woodham: Jackson County A review of Cedar Hill WWTP's monitoring report for March 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type BOD, 5-Day (20° C) 03/31/09 30 mg/I 31.5 mg/I Monthly Average Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional information. If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: Bob Guerra — Compliance Enforcement WQ Central Files NorthCarolina Ivatura!!r, North Carolina Division of Water Quality 2090 U.S. Highway 70;Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX (828) 299-7043 Feb 29 2009 3:05PM HP L9SERJET FAX • , � .,) r----`-- -- ----- ')!� Office has 1496 Li MAR - 3 2009 dii46 Mc Wits _ ,_ �ALITY ScCTiON AFC--'t ILl PF"C?;i,� I. 11" 11-/a4l-� AV2 ®Ef�I� - �/�;TER QUALITY System Performance AnnualR - SOURCE BRANCH Wastewater Treatment Facl ity • Facil /System Name: Cedar Hill Wastewater Treatment PlIgnt • Res . risible Entity;—ountain View Ventur C�2 2SburS • Pers _ in Charge: James Woodham • Tele ne Number. (828) 743-2118 • Appli ble Permit: NPDES!`ICD>OB89F18, Expires: 8/31/2012 • Des.. ption of Treatment System; The edar Hill wastewater treatment plant is a 0.10 MGD wastewater treatment facili ; with flow equalization tank, static bar screen, aeration tank, dual. clay' rs, chlorination and dechlorination equipment, sludge holding tank with a 30 d , capacity, effluent lift station with duplex submersible pumps and a stan y diesel generator. The facility is located west of Cedar Hill Road on Hwy 64 Et, Cashiers, NC. The treated effluent discharges into the Horsepasture Rive part of the Savannah Broad River Basin which is classified as G-Trout • Sumn*ry of System Perfcrmance for 2008 The ility is well maintained and in good operation condition, Records are being main ined as required by their NPDES permit. The treatment facili hviomons� of the permit in 2008. There was no measurable flow until Aug ust, 2008. Page 1 of 3 Z• d 9Z l CEbLK9 weypooM sawed deq:Zl 60 t�Z qe� Feb 24 20CS 1:05PM HP LRSERJET FRX P-3 • 2008 Monthly Compliance Summary • Janu 2008-Compliant • Fehr ry 2008-Compliant • Marc 2008-Compliant • April 08-Compliant + May 08�ompliant + June 008-Compliant * July 2 08-Compliant + Augu' 2008-Compliant • Sept , ber 2008-Compliant Octo r 2008-Compliant • Novo' ber 2008-Compliant • Dece. ber2008-Compliant • List below are the monthly Discharge Monitoring Report parameters as repartd to the Division of Water Quality in 2008. Flow BOD TSS NH3N Jan No Flow Feb No Flow Mar No Flow April No Flow May No Flow June No Flow July No Flow Aug 0,004 5.0 11.0 0.33 Sept 0.000133 8.0 7.0 0.38 Oct 0.000157 28 14.1 0.1 Nov 0.000289 12 6.0 0.1 Dec 0.000836 8.0 6.6 0.1 0.10 30f45 30145 14135 nit Limits MGD mg/I mg/l mgll Pere 2 of 3 Fecal 48 5.0 3.0 2.0 3.3 200/400 001/100 ml £'d 9Z lC£bL8Z8 weyp00M SOWUP dCS:ZI 60 t7Z 9aj , rau c-r cuu� 1:UD11M FIN LMSERJET FAX .1 p . 4 • Corrective Actions: There were no corrective actions required in 2008. • Envirtmental Impact: There were no observable environmental impacts at this facilM in 2008. will be sent a copy of the report by mail. I cent' under penalty of law that this report is accurate and complete to the best of my nowledge. I further certify that this report has been made available to the users. r customers of this system and that those users have been notified of its avail ; ility. I am aware that there are significant penalties for submitting false Infor t%. a �Z� ago Signature Date James Woodham untain View Ventures Page 3 of 3 V'd 9Zl£0vLK? weypooM sawBP d-Vg:Zl 60 bZ 9aj �pF wATF,gQ G I North Carolina Department Michael F. Easley, Governor William G. Ross Jr., Secretary vironment Natural \p jr MM s and Resources Coleen H. Sullins, Director —I Division of Water Quality I Asheville Regional Office SURFACE WATER PROTECTION ber 11, 2007 Mr. James C. Woodham Resources Planning Corporation P.O. Box 1298 Cashiers, North Carolina 28717 SUBJECT: Compliance Evaluation Inspection Status: Compliant Cedar Hill WWTP Permit No: NCO068918 Jackson County Dear Mr. Woodham: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 26, 2007. The facility appeared to be in compliance with permit NC0068918. The kind assistance of Mr. Beck, Mr. Barr and you during the inspection was appreciated. Mr. Beck is doing a fine job of maintaining the facility. Please let us know when the treatment plant comes on line. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, net Cantwell Environmental Specialist Enclosure ce-<-W.Q-Asheville:Files WQ Central -Files Michael Beck/ ORC /RPB Systems w/ attachment NoflrthCarohna Aa&rally 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 C United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00068918 111 121 07/09/26 117 181 CI 191 sI 20III Remarks 211III IIIIII1.III111111IIIIIIIIIIII IIIIIIII IIII II16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------ ---- --- Reserved --------- -------- -- 67I 169 701 I 711 I 72 UN 73I I 174 751 I I I I I I 180 t_u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Cedar Hill WWTP 12:15 PM 07/09/26 02/11/01 Exit Time/Date Permit Expiration Date Cedar Hill Development Cashiers NC 28717 12:45 PM 07/09/26 07/08/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted James C Woodham,PO Box 1298 Cashiers NC 28717//828-743-2118/828743312N6 0 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance ® Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) �N L Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ o Signature of Manage vi a Agency/Office/Phone and Fax Numbers Date 1�Ida�- EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type NC0068918 I11 12I 07/09/26 I17 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mike Beck/ORC, Robert Barr/RPB Systems and James Woodham/Resources Planning Corporation assisted in the inspection of this facility. There are no homes hooked up to the facility at this time, hence the facility is not in operation. Mr. Beck, Operator in Responsible Charge, has been doing a fine job of maintaini ng the plant. Page # 2 Permit: NCO068918 Owner - Facility: Cedar Hill WWTP Inspection Date: 09/26/2007 Inspection Type: Compliance Evaluation Permit Vnc an Ale AIF (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ®❑ ❑ ❑ Is the facility as described in the permit? M ❑ ❑ ❑ # Are there any special conditions for the permit? n M ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ n Is the inspector granted access to all areas for inspection? ®❑ n ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ® ❑ Judge, and other that are applicable? Comment: Page # 3 � I r r AT4-WA �J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 November 21, 2013 70121010 0002 1967 7541 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NC0068918 Cedar Beach Investment Group LLC Cedar Hill WWTP Case No. LV-2013-0206 Jackson County Dear Mr. Jones: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50 ($100.00 civil penalty + $147.50 enforcement costs) against Cedar Beach Investment Group LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Cedar Beach Investment Group LLC for the month of July 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0068918. The violations which occurred in July 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cedar Beach Investment Group LLC violated the terms, conditions or requirements of NPDES Permit NC0068918 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Cedar Beach Investment Group LLC: Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http;//por al.ncdenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0068918, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $ l O oo NC0068918, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $'100.00 TOTAL CIVIL PENALTY _--,. $-147 50-- - — --Enforcement -C-osts-- $247.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 fiuther enforcement action for any continuing or new violation(s). Please submit payment to the, attention of: Point Source Compliance/ Enforcement Unit Division of Water Resources 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: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the, civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall -be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) --was-wrong d' y app i�.�to the�e�ximent of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that -the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may_obtain the)petitionfo=-from_the_Office_of_Administrative_ Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the -hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to - -- --- - --- General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, rG. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office ATTACHMENTS ec e-WQ R-egianal-Supervisor w./-atta,Ghments NPDES Point Source w/ attachments WQ Central Files w/ attachments RPB Systems/ ORC w/ attachments G \WQ SW'P,aackson'�WasteNvater; tinors\Cedar Hill (Resources Planninej 63918\LV-2013-0206.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0206 County: Jackson Assessed Party: Cedar Beach Investment Group LLC / Cedar Hill WWTP Permit No.: NC0068918 Amount Assessed: $247.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe - - support your request ari are necessary_. or t iI e 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 towhy the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF I�ORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CEDAR BEACH INVESTMENT GROUP/ ) CEDAR HILL WWTP ) PERMIT NO. NCO068918_ ) FILE NO. LV-2013-0206 Having been assessed civil penalties totaling $247.50 for.violation(s) as set forth in the assessment document of the Division of Water Resources dated November 21, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Cedar Beach Investment Group LLC CASE NUMBER: .LV-2013-0206 PERMIT: NCO066918 FACILITY: Cedar Hill WWTP COUNTY: Jackson i REGION: Asheville Limit Violations i MONITORING OUTFAL I VIOLATION UNIT OF CALCULATED /o OVER PENALTY REPORT PPI I LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE ' LIMIT VIOLATION TYPE $100.00 7-2013 001 Effluent FEC COLI 07/09/13 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded $.o0 7-2013 001 Effluent FEC COLI 07/31/13 Weekly #/loom[ 200 202.3 1.15 Monthly Geometric Mean Exceeded e.. DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Cedar Beach Investment Group LLC / Cedar Hill WWTP / NCO068918 . (J a 1y 2013 D 1R) County: Jackson Case Number: LV-2013-0206 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max Fecal coliform exceeded the permit limit by 50 %. One Monthly Geometric Mean Fecal coliform exceeded the permit limit by 1.15%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. The amount of money saved would include the cost of maintenance and replacement of equipment vital to the quality of the effluent. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office 11 /19/2013 EFFLUENT SEP 112013 NPDES NO: NCO068918 DISCHARGE NO: 001 MONTH: JUIy YEAR: 2013 FACILITY NAME: Cedar Hill Development WWTP CLASS: 11 COUNTY: Jackson OPERATOR IN RESPONSIBLE CHARGE (ORC): Michael Beek GRADE: IV Phone: 828-261-1900 CERTIFIED LABORATORIES (1): Enviromental Testing Solutions (2) Pace Analytical CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: Michael Beck MAIL ORIGINAL AND ONE COPY TO: ATTN: CENTRAL FILE Division of Water Quality /!� , 1� �- � y � ��.� X 1p�'/r'iy�,>( DENR 1617 Mail Service Center S t- E P 0 5 f (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE 13 Raleigh, NC 27699-1617 ` BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS _-. ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. , N E c p I= Y d ti 2 W > o to .- 0 `o = v L) w` `" rL O a O O HRS HRS Y/N 2 Y 44 hollipida��y 4 H EY1,V,1�• 6 ih✓, is , 8 0800 0 5 Y q ;,x ..Q.9FS0. 0 5 " Y'. 10 0500 ,E 5 Y 14 16 0830 X.,5; Y 18 07300/ Y 1E 20 2177 22 1300 B 24 5530 Y 28 30 1 05001 VA51 Y MINIMUM: Monthly Limit 60050 00010 00400 50060 00310 00610 00530 31616 00300 00600 0066 1,132730 1 00720 1 01042 !Z01082 FLOW0 (j d C o C of a 0 c d E, 0 C pl � A ►� s ABOVE NAME AND UNITS BELOW EFF X INF d j V o Z d o CL c O o a L a N 7 w N Z r C '- a i..� Z. d R a. 10 O o w N 'o c `,g a d a z E rn 0° E c v Z a >, C v N rn Id- v I� � QE d MGD °C S.U. UGL MG/L MG/L MG/L #100ML MG/L MG/L MG/L MG/L UG/L MG/L MG/L 011©8.i TO 4" i 2 41a 3 LEE 222 i i + r.- € 'Y2 � ,«m�nM L 0.000710 10 10 27.0 0.68 15.0 220 39.00 3.90 01700622 , � 10'�"�`r..« w= r a t �� 6 ! ' 0.002335 0.001199 0 001199 10.4 0.000394 10.6 n - 1;0�, a ytix-.xsr � �'- ., 4 ;-.:- . .. `'"� F._- _ � 7 . ,6 6 ='� ta.� _ " 0.000388 10.5 w w 2, : hl`L :y. ,r ,a,� _ m 0.000563 tFIs Y per() t10052 `�.0�4f �10.7 R . f. ZEM L.La - 0.000203 8 22.0 0.70 14.0 128 OA �3 777777 �xrv^., +n }, �fnat 3S � liC�'rt i ? n, i �.'3 :, . �C�4r., •.. ,c .i, ., � ,�1.,L... �,.3 ...t.i ...j .- ,L�>, 0.000202 10.5 6.6 1 10 ,M lRx,. � �.^.. I . , r r: •teL,Y}b <�'• .M 6.3 DWI /surfae Water Irotectiop Sectio } ©00964YO - ,. AIR Ashev 11e,Rv.�t n0 ce',`- 0.000.576 5 :�� f 0.000577 10.6 { H Srx" �, wr£�s YyA. .xM }• �.�$e'"�F y i 0.000111 10.7 CE? �Y d.00.1.47:.6 t r 14i.�'S3��_ t'?�fi i :`LEM _ 0.000506 10.8 Myp .*;6.. p. .; r �.-?..4'=.' .. x.. de r-- � 'V,» ?+, 'n S.. i.i � "�. ._i. Ls•; 1 _?x m9ffi,o- .,LYY.v - a# 0.000336 !0 000336 i0 0.000051 10.8 12 16.0 . 0.54 12.0 184 Q ~ 0.000682 10.5 10 20 0.59 13.8 202 6.5 39.00 3.90 0.000051 10 6.5 8 15.0 0.41 12.0 109 6.3 39.00 3.90 �G, C C C CQN'fIR' x�. Gx 0.100 >6 <9 28 130 / 451 114130145 200/40 DEM Fo R-1 (Revi d 12/93) /� ` - - -0 �/O ��1����' 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 0 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. Tablet Feeder hung up, repaired on 7-9-2013 "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." P.O. Box 2644 Cash Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity _00300 Dissolved'Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Susppendec Residue 00546 Settleable Matter NC 28717 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride Cedar Hill Development Per ee P a e print or type p Signature of Permittee** Date 828-743-9951 Phone Number PARAMETER CODES 00951 Total Flouride 01002 Total Arsenic 01027 Cadium 01032 Hexavalent Chromiur 01034 Chromium 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 8131/12 Permit Exp. Date 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 213.0506 (b) (2) (D). DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Cedar Beach Investment Group LLC / Cedar Hill WWTP / NCO068918 (July 2013 DMR) County: Jackson Case Number: LV-2013-0206 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the,.penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max Fecal coliform exceeded the permit limit by 50 %. One Monthly Geometric Mean Fecal coliform exceeded the permit limit by 1.15%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal. The amount of money saved would include the cost of maintenance and replacement of equipment vital to the quality of the effluent. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. i 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office 11 /19/2013 A74�A NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary November 21, 2013 CERTIFIED MAIL \ RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 SUBJECT: Notice of Violation and Ass for Violations of North Carol and NPDES Permit NCO0689 Cedar Beach Investment Groy Cedar Hill WWTP 7 of Civil Penalty teral Statute (G.S.) 143-215.1(a)(6) Case No. LV-2013-0206 Jackson County Dear Mr. Jones: This letter transmits a Notice of Violatio and assessment o ivil penalty in the amount of $247.50 ($100.00 civil penalty + $147.50 enforc ent costs) against edar Beach Investment Group LLC. This assessment is based upon the foll wing facts: a review ha been conducted of the discharge monitoring report (DMR) submitted Cedar Beach Investment Group LLC for the month of July 2013. This review has shown the s ject facility to be in violatio4 of the discharge limitations and/or monitoring requirements fo d in NPDES Permit NC0068 18. The violations which occurred in July 2013 are summ 'zed in Attachment A to this lette . Based upon the above facts, I co clude as a matter of law that Cedar each Investment Group LLC violated the terms, conditions requirements of NPDES Permit NC 68918 and G.S. 143- 215.1(a)(6) in the manner an extent shown in Attachment A. In acco dance with the maximums established by G.S. 143-21 .6A(a)(2), a civil penalty may be assessed gainst any person who violates the terms, conditi ns or requirements of a permit required by S. 143-215.1(a). Based upon the above f dings of fact and conclusions of law, and in ac ordance with authority provided by the Secm re ary of the Department of Environment and Natur 1 Resources and the Director of the Divi on of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervis r for the Asheville Region, hereby make the following civil penalty assessment against Cedar Beach Investment Group LLC: Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296.4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employer N C®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC P.O. Box 20670 Charleston, South Carolina 29413 November 21, 2013 70121010 0002 1967 7541 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO068918 Cedar Beach Investment Group LLC Cedar Hill WWTP Case No. LV-2013-0206 Jackson County Dear Mr. Jones: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.50 ($100.00 civil penalty + $147.50 enforcement costs) against Cedar Beach Investment Group LLC. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Cedar Beach Investment Group LLC for the month of July 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0068918. The violations which occurred in July 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Cedar Beach Investment Group LLC violated the terms, conditions or requirements of NPDES Permit NCO068918 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Cedar Beach Investment Group LLC: Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway70, Swannanoa, North Carolina 28778 Phone: (828) 2964500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq/ws An Equal Opportunity/ Affirmative Action Employer 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0068918, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0068918, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $100.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $247.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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 Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0068918, by discharging waste water into the waters of the State in violation of the Permit Monthly Geometric Mean limit for FEC COLI. 1 of the 1 violations of G.S. 143-215. l (a)(6) and NPDES Permit No. $100.00 NC0068918, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $100.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $247.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 De16 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [0-0 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments WQ Central Files w/ attachments RPB Systems/ ORC w/ attachments G:\WQ\sWP�fackson\Wastewater Minors\Cedar Fill (Resources Planning) 68918\LV-2013-0206.doe JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2013-0206 County: Jackson Assessed Party: Cedar Beach Investment Group LLC / Cedar Hill WWTP Permit No.: NC0068918 , Amount Assessed: $247.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please ,be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); - (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); - (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF JACKSON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS CEDAR BEACH INVESTMENT GROUP/ ) CEDAR HILL WWTP PERMIT NO. NCO068918 ) FILE NO. LV-2013-0206 Having been assessed civil penalties totaling $247.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 21, 2013, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 n ATTACHMENT A Cedar Beach Investment Group LLC CASE NUMBER: LV-2013-0206 PERMIT: NCO068918 FACILITY: Cedar Hill WWTP COUNTY: Jackson REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 7-2013 001 Effluent FEC COLI 07/09/13 Weekly #/loom] 400 600 50.00 Daily Maximum Exceeded $.00 7-2013 001 Effluent FEC COLI 07/31/13 Weekly #/loom] 200 202.3 1.15 Monthly Geometric Mean Exceeded Vrm - EFFLUENT SEP 112013 NPDES NO: NCO068918 DISCHARGE NO: 001 MONTH: July YEAR: 2013 FACILITY NAME: Cedar Hill Development WWTP CLASS: II COUNTY: Jackson OPERATOR IN RESPONSIBLE CHARGE (ORC): Michael Beck GRADE: IV Phone: 828-251-1900 CERTIFIED LABORATORIES (1): Enviromental Testing Solutions (2) Pace Analytical CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: Michael Beck MAIL ORIGINAL AND ONE COPY TO: ATTN: CENTRAL FILE Division of Water Quality' -� X DENR 1617 Mail Service Center SEP [f' id j (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE Raleigh, NC 27699-1617 "� BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. f C O p. ~ Y O di W > o E W O� 13 my d a O a p O HRS HRS Y/N 2 10600 ME L 8 0800 0 5� Y i'° g900 ,O J'y 10 0500 d'5 r Y 1"1.k... 080Q:, 'A 5 ,F- 12 0800 ' .:0.5; Y 16 0830 , (d� 5, y �Y/ 18 0730 015:<< Y ;19r 20 22� 1300 0 ,w B 23=. 0� 0 k0 5 .TY . 24 O530 0 5 Y 25< t0600it 26 0700 5 Y 27 y 2*-0500 73:_ Y. _30'`' Y AVERAGE: lylA7E(MUM � MINIMUM: l Cgmp (C);pr Grab�(G�„ Monthly Limit 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 0066 �32730 00720 01042 401062 d 0 d °y C N O ABOVE NAME AND UNITS BELOW EFF X O L C o r Z 7 O .E dO a m H z c.° Q U d a z E H w 0 NE E 00 1G MGD °C S.U. UGL MG/L MG/L MG/L #100ML MGIL MG/L MG/L MG/L UG/L MG/L MG/L J 5 . 0.000710 10 10 27.0 0.68 15.0 220 39.00 3.90 0 0096Z2,' ,1,0 2 ,_6 5...12.. w6 4 7777777777 0.002335 iff0`002335F� , t10 fi y `'5 x 0.001199 ILL2� _ 0.001199 10.4 0.000394 10.6 �_-„ ,;, u ;6'6 00©5753",R '13� xtsr5 mp u. w> T,` ,,`., 0.000388 10.5 (t�` .. .*i. :�.. 0.000553 Ob05510 4 �e dµ as a ELL ZZI L LEE «l 0.000203 10.7 1 8 22.0 0.70 14.0 128 47 i 0.000202 10.5 6.6 10 . 6.3 1 DW /Surfac Water Irotectio Secti D fS0026`0 0.000576 � ?t,S f ..'�. d` �' L� � h �2i[-Yi. } X< itr-.. YLa$r..:. F,. FO.._s.. i •it t: - a w .�4. -• -2. i. e, .rsi s.. .lee 0.000577 10.6 TAW o,109 : 0.000111 10.7 6 C - 3 �.'x"'3i 32 rl'^Y=1' -sC ( ? *}�S --~lY 1 -�✓�e,� } t'T n SJ°,�4� 0.000506 10.8 rL��LEE 0.000336 A 0.(0�0/0/051 10.84 12^ 16.0r- 0.54 1(2.0 184 i 0.000682 10.5E 10 20 0.59 13.8 202 6.5 39.00 3.90 0.000051 10 6.5 8 15.0 0.41 12.0 109 6.3 39.00 3.90 C C G r G C 0.100 1 1 >6 <91 28 301451 14 130 / 45 200140 DEM Form R-1(Rbevi d 12/93) 4 yn/� -` _ /� D r�O ����/f DZ D�i 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 0 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. Tablet Feeder hung up, repaired on 7-9-2013 "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." Cedar Hill Development Per ee P a e print or type Signature of Permittee** Date P.O. Box 2644 Cashiers, NC 28717 828-743-9951 8131/12 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 Susppendec Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kjeldhal Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES 00951 Total Flouride _ 01002 Total Arsenic 01027 Cadium 01032 Hexavalent Chromiur 01034 Chromium 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 213.0506 (b) (2) (D). W W !*w -fy, IV Enter/Ver, --- - ----- -- Monitorino Violations r Reporting0Violations ther Violations 6 .9 Permit: Q60 8 . 1,8 AD: lvlonitoring.Repoft.s1�e =��i Is.. Facility:, CedarHill WWTP Region:�sfievflle. County: ackson Owner: Cedar @each Inve'stment Group LLG, Incident Inspect. Dt Facility Reported As () Compliant -0 No'n-Compliant (D Not Reported Issigned RepbftType: JDFVIR *Ould *Location:; *Parameter *Date - Manual -,,.-..itDescription SOO Limit, *Calcu... Unit Adibn__] sf 001 jEffluent Coliform, Fec ... 07M)2013 E] Daily Maximum ... [-] 400 ... 600 ... -%Oyer— #M 00ml 150 001 jEffluent Coliform..Fec ... 0713112013 Ej Monthly Geomet ... El 200 202.3 ... #1100ml 11.1522... InNate, —InItint e Enforcernent... 1 inifir-te 17, magd- 8,ave ReGalcul3te WAR_ Help V Finish Cancel 7 ....... .... 2 Limit Violations found. '[Ready SID: VLLP A' J FIL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E Skvarla, III Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC Cedar Hill WWTP P.O. Box 20670 Charleston, South Carolina 29413 Dear Mr. Jones: October 3, 2013 7012 1010 0002 1967 6759 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0560 Cedar Hill WWTP NPDES Permit No. NCO068918 Jackson County A review of the July 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/09/2013 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml 07/31/2013 001 Fecal coliform 202.3 #/ 100 ml 200 #/ 100 ml A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0068918. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. TER QUALITY SECTION orth Carolina Division of Water Resources — Asheville Regional Office Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer Mr. Cody S. Jones October 3, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office Affiaille WQ Central Files WQ Point Source Branch (j:\WQ.SbVP!Jackson\Wastewaterllblinors\Cedar Hill (Resources Planning)6891.8!,NOV-NRP-3013-LV-0560.doc R P, B sv S'-,�e,,)'S� Construction Services, eo, ContOct;Operations,•Maintenance, November 4, 2013 Mr. Landon Davidson North Carolina Department of Environmental Health and Natural Resources Water Quality Section 2090 U.S. Highway 70 Swannanoa, NC 28778 Re: Notice of Violation NOV-2013-LV-0560 NPDES Permit NCO068918 Cedar Hill WWTP Jackson County Dear Landon, This letter is written on behalf of the Cedar Hill Cedar Beach Investment Group LLC to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations firm, which operates this facility. As outlined in your October 3, 2013 letter the treatment plant exceeded the daily Fecal limit of 400 mg/l with a 600 #/100ml on 7-9-13. As stated on the back of the DMR we found the tablets hung up in the feeder. We were able to lower the tablets to the water flow. The remaining samples were not able to bring our average to below 200#/100ml but rather 202#/100 ml. The plant was back in compliance in August 2013. I trust you will call if you have any further questions or concerns. Robert Barr Cc: Mr. Cody Jones Mike Beck File R..W Roy.: U S) Asl,ev lile;. N..C'.. 21918;022 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality.Programs Pat McCrory Thomas A. Reeder Governor Director October 3, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 00021967 6759 Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC Cedar Hill WWTP P.O. Box 20670 Charleston, South Carolina 29413 Subject: Notice of Violation and Recommendation for Enforcement Tracldng #: NOV-2013-LV-0560 Cedar Hill WWTP NPDES Permit No. NCO068918 Jackson County Dear Mr. Jones: John E Skvarla, III Secretary A review of the July 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/09/2013 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml 07/31/2013 - 001 Fecal coliform 202.3 #/ 100 ml 200 #/ 100 ml ANotice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0068918. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 295-4500 FAX (828) 299 7043 Internet. h2o.enr.state.nc.us 2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity! Affirmative Action Employer EFFLUENT NPDES NO: NCO068918 'DISCHARGE NO: 001 FACILITY NAME: Cedar Hill Development WWTP CLASS: OPERATOR IN RESPONSIBLE CHARGE (ORC): Michael Beck GRADE: CERTIFIED LABORATORIES (1): Enviromental Testing Solutions (2) CHECK BOX IF ORC HAS CHANGED: PERSON(S) COLLECTING SAMPLES: MAIL ORIGINAL AND ONE COPY TO: ATTN: CENTRAL FILE Division of Water Quality MONTH: July YEAR: 2013 II COUNTY: Jackson IV Phone: 828-251-1900 Pace Analytical Michael Beck DENR X v 1617 Mail Service Center (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) Raleigh, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. DATE DFY Form MR-1 (Revised 12193) ""RPi st, S Construction' Services' •. Contr, tet:0peradons'. Motilennnt:e �! r, � 2013 =' November 4, 2013 `v�� �� ���IQQ�� i��f lOe Mr. Landon Davidson North Carolina Department of vv.a �`ait.31'I�3tGtlO Environmental Health and Natural Resources Water Quality Section 2090 U.S. Highway 70 . SwaAanoa, NC 28778 Re: Notice of Violation NOV-2013=LV-0560 NPDES Permit NCO068918 Cedar Hill W WTP Jackson County Dear Landon, This letter is written on behalf of the Cedar Hill Cedar Beach Investment Group LLC to provide information as to remedial action taken to the above referenced facility. RPB Systems, Inc. is the contract operations firm, which operates this facility. As outlined in your October 3, 2013 letter the treatment plant exceeded the daily Fecal limit of 400 mg/l with a 600 #/100m1 on 7-9-13. As stated on the back of the DMR we -found the tablets hung up in the feeder. We were able to lower the tablets to the water flow. The remaining samples were not able to bring our average to below 200#/l 00ml but rather 202#/100 ml. The plant was back in compliance in August 2013. I trust you will call if you have any further questions or concerns. Robert Barr Cc: Mr. Cody Jones Mike Beck File Box 1325' A .she: 4', N.C.. 2.8:802, 21,:19.45- WDENR North Carolina Department of Environment and Natural Resources Division of Water Resotirces Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC Cedar Hill WWTP P.O. Box 20670 Charleston, South Carolina 29413 Dear Mr. Jones: October 3, 2013 70121010 00021967 6759 Subj ect: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0560 Cedar Hill W WTP NPDES Permit No. NCO068918 Jackson County John E Skvarla, III Secretary A review of the July 2012 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/09/2013 001 Fecal coliform 600 N 100 ml 400 N 100 ml 07/31/2013 - 001 Fecal coliform 202.3 #/ 100 ml 200 #/ 100 ml ANotice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.)143-215.1 and NPDES Permit No. NCO06891 S. Pursuant to .G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215. 1. If you wish to provide additional information regarding the rioted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days alter receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge MonitoringReport. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North.Carofina Division of Water Resources — Asheville Regional Office Phone (828) 2964500 FAX (828) 299-7043 Internet h2o.enr.stala.rc.us 2090 U.S. Highway70, Swannanoa, N.C. 28778 An Equal Opportu*/ Affnnative A= Emp payer m,v�f-'suui,n. EFFLUENT NPDES NO: ' NC0068918 DISCHARGE NO: 001 FACILITY NAME: Cedar Hill Development WWTP' CLASS: OPERATOR IN RESPONSIBLE CHARGE (ORC): Michael Bdek GRADE: CERTIFIED LABORATORIES (1): Enviromental Testing Solutions' (2) CHECK BOX IF ORO HAS CHANGED: PERSON(S) COLLECTING SAMPLES: MAIL ORIGINAL AND ONE COPY TO: ATTN: CENTRAL FILE Division of Water Quality DENR 1617 Mail Service Center Raleigh, NC 27699-1617 DEY Farm MR-1 (Revised 12/93) MONTH: July. YEAR: 2013 Il COUNTY: Jackson IV Phone: 828-251-1900 Pace Analytical Michael Beck (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE). DATE BY THIS SIGNATURE, I CERTIFYTHAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director October 3, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Cody S. Jones, Manager Cedar Beach Investment Group LLC Cedar Hill WWTP P.O. Box 20670 Charleston, South Carolina 29413 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2013-LV-0560 Cedar Hill WWTP NPDES Permit No. NCO068918 Jackson County Dear Mr. Jones: John E Skvarla, III Secretary A review of the July 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 07/09/2013 001 Fecal coliform 600 #/ 100 ml 400 #/ 100 ml 07/31/2013 001 Fecal coliform 202.3 #/ 100 ml 200 #/ 100 ml A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0068918. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the July 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 296-4500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us 2090 U.S. Highway 70, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer Mr. Cody S. Jones October 3, 2013 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G WQlS1h i",Jacksonlu'astewatee,Minors`.ccdar Hill (Resources Planning) 63913\ OV-NRE-3U1 LV-0560.doe T r Agh NCDENR North Carolina Department of Environment and Natural r:L Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary June 25, 2013 Cody Jones, Manager Cedar Beach Investment Group, LLC 21 East Rochester Drive Cashiers, NC 28717 Subject: Permit No. WQ0036593 Cedar Beach Investment Group, LLC East Ridge Road Sanitary Sewer Improvements Wastewater Collection System Extension Jackson County Dear Mr. Jones: In accordance with your application received June 18, 2013, we are forwarding herewith Permit No.WQO036593, dated June 25, 2013, to Cedar Beach Investment Group, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. It shall be responsibility of the Cedar Beach Investment Group, LLC to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon .written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 15OB of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, .this permit shall be final and binding. SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: 828 299-7043 Internet: www.ncwaterauality.ora An Equal Opportunity \ Affirmative Action Employer S:\SWP1Jackson\Wastewater\Minors\Cedar Hill (Resources Planning) 68918\W00036593 EAST Ridge Road.docx No"i thCarolina i s Cedar Beach Investment Group, LLC WQ0036593 If you need additional information concerning this matter, please contact Jeff Menzel at (828) 296-4500 or via e-mail at jeff.menzel@ncdenr.gov Sincerely, for Thomas A. Reeder Division of Water Quality by Chuck Cranford Asheville Region Surface Water Quality Supervisor enclosure: Operational Agreement cc: William A. Stillwell, Stillwell Engineering, PA Jackson County Health Department Jackson Building Inspections Department_ ttN1IIionalO%f"ceSu Ufa Wate=r P-ea Water Quality Central Files PERCS (electronic copy) ,Ar0-0*'r* RCDENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Cedar Beach Investment Group, LLC Jackson County for the construction and operation of approximately 990 linear feet of 6-inch gravity sewer; a 47—gallon per minute pump station with duplex pumps, on -site audible and visual high water alarms, telemetry, and a portable generator receptacle with telemetry as well as approximately 2800 linear feet of 2-inch force main to serve 9 three -bedroom homes as part of the East Ridge Road Sanitary Sewer Improvements project, and the discharge of 3,240 gallons per day of collected domestic wastewater into the Cedar Beach Investment Group, LLC existing sewerage system, pursuant to the application received June 18, 2013 and in conformity with 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast - Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued the 25th day of June, 2013. for Thomas A. Re der Division of Wa er Quality By Authority of The Environmental Management Commission Permit Number: WQ0036593 SUPPLEMENT TO PERMIT COVER SHEET Cedar Beach Investment Group, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Cedar Hill Wastewater Treatment Facility NCO068918 prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. If, at any time, the additional wastewater flow volume made tributary to this sewer extension is believed to exceed the value permitted herein, a modification shall be requested for this permit from the Division of Water Quality to properly allocate the subject wastewater flow. 2. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. 3. By copy of this permit, the Jackson County Building Inspections Department is hereby notified that building or occupancy permits shall only be issued for the (number of residences — only refer to # of bedrooms if an approved flow reduction is used) as part of the East Ridge Road Sanitary Sewer Improvements project until a modified permit is issued by the Division indicating additional connections. II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned herein. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T.0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. 3. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. i. Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water quality staff member at the Asheville Regional Office, telephone number 828-296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted facilities, the completed Engineering Certification form attached to this permit shall be submitted with the required supporting documents to the address provided on the form. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. If the permit is issued to a private entity with an Operational Agreement, then .a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. A complete certification is one where the form is fully executed and the supporting documents are provided as applicable. Supporting documentation shall include the following: a. One copy of the project construction record drawings (plan & profile views of sewer lines & force mains) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are marked up or annotated with after construction information and show required buffers, separation distances, material changes, etc. b. One copy of the supporting pump station design calculations (selected pumps, system curve, operating point, buoyancy calculations, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project. c. Changes to the project that do not result in non-compliance with this permit, regulations, or the Minimum Design Criteria should be clearly identified on the record drawings, on the certification in the space provided, or in written summary form. Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting in non- compliance with this permit (including pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit. Please note that variances to the Minimum Design Criteria should be requested and approved during the permitting process prior to construction. After -construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 26.0200 and 15A NCAC 2H .0500. FAST TRACK ENGINEERING CERTIFICATION Permittee: Cedar Beach Investment Group, LLC Permit No. W00036693 Project: East Ridge Road Sanitary Sewer Improvements Issue Date: 25/06/2013 Complete and submit this form to the permit issuing regional office with the following: • One copy of the project record drawings (plan & profile views and detail drawings of sewer lines) of the wastewater collection system extension. Final record drawings should be clear on the plans or on digital media (CD or DVD disk) in pdf format. Record drawings should indicate the design and the marked up changes during construction. • Supporting design calculations (selected pumps, system curve, operating point, available storage if portable generator(s) or storage greater than longest past three year outage reliability option selected) for any pump stations permitted as part of this project • Changes to the project should be clearly identified on the record drawings or in written summary form. Permit modifications are required for any changes resulting in non-compliance with this Permit regulations or minimum design criteria. Modifications should be submitted prior to certification This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation.* Therefore, it is highly recommended that this certification be sent in a manner that provides proof of receipt by the Division PERMITTEE'S CERTIFICATION the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements , the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance. of this permit; 15A NCAC 02T; the Division of Water Quality's (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials. North Carolina Professional Engineer's Seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION WITH REQUIRED ATTACHMENTS TO THE FOLLOWING ADDRESS SURFACE WATER PROTECTION SUPERVISOR ASHEVILLE REGIONAL OFFICE 2090 US HWY 70 SWANNANOA, NC 28778 The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. DWQ Use Only: Flow from this project is tributary to: Cedar Hill NCO068918 STATE OF NORTH CAROLINA pp CC `, RECG' V E®- COUNTY OF : .tt� e Vts0 a Pern, 1° � L _,.� -VVC_003�669.3 t OPERATIONAL AGREEMENT r J U N 1 8 2013 �° 3 his AGREEMENT made pursuant to G.S. 143-2.15.1 (dl) and en %� nortace�ViaterFra4ecciorrsr�+� " y Of Asheville Regional Office by and between. the North Carolina Environmental, Management Com E >sion, -an agency of the State of North Carolina, hereinafter known as the COMMISSION; and= c� n �L �S'.f k4 �I�Fstl "► G 4Ca P, r:.(,C_ , a coiporation/general. partnership registered/Ji ' ed to do; business in the State of North Carolina, hereinafter known. as the DEVELOPER WITNESSETII: 1. The DEVELOPER is the owner of the certam,lands lying it J e:61r_Sc-,,,j County; upon which it is erecting and will erect dwelling units and: other improvements, :said. development to be known as . G Dc"oa- 4k t C-c— (hereinafter the Development). 2 The DEVELOPER desires, to- construct a wastewater collection system with pumps,. wastewater treatment works, and/or -disposal. facilities (hereinafter Disposal System): to provide sanitary sewage disposal to. serve the Development on said lands. 3, The DEVELOPER has applied to the COMMISSION for the issuance of a.permit pursuant to G.S, 143.- ?' ti.1 to construct, maintain. and operate the Disposal System. 4. DEVELOPER has created or shall create unit- ownership in said dwellings units, other improvements. lands through filing of a Declaration of Unit Ownership (hereinafter. Declaration), pursuant to Chapter r of the North Carolina General Statutes. 5. ' I- DEVELOPER has caused. to be formed orwiII. cause to be formed at the time of fling of the :p :claration, the -(Unit Owners' Association) G 2 MW 1t- off_ (Hereinafter sociation), :a non-profit corporation organized and existing: under' and by the virtue of the laws of the ate of North Carolina, for the: purpose, among others, of handling the: property; affairs .and business of the Development; of operating^, maintaining, re -constructing, and repairimgthe common elements of the lands and improvements subject to wit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such Operation,, maintenance,, re -construction and repair. 6. The COMMISSION desires to assure that. the Disposal ,System of the, Development is properly constructed, maintained and operated in accordance with law and permit provisions zn order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and. the "benefits to be derived by 'each of the parties. hereto; the COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the .permit: and plans and specifications hereafter issued "d approved by the COMMISSION, .and shall thereafter properly operate maintain such systems and -facilities in .accordance with applicable permit provisions :and. law. 2. 1 DEVELOPER shall not transfer ownership and/or control of the Disposal" System to "the Association " 1 construction has been. completed in'accordance with the permit and approved plans, and the staff :of Division of Water:Quality has inspected. and approved of flee facilities. In order to change the name of permit Bolder, the DEVELOPER must request that- the. permit be reissued to the: Association. The Pest must include a copy of the Association Bylaws and Declaration. 3. e. DEVELOPER shall not transfer, convey,: assign or otherwise relinquish or -release its responsibility i . - the. operation and maintenance of its Disposal System, until a, permit: has been. reissued to the: I)LVELOPER's successor. FORM;: DEV 0-1-12 Page 1. of 2 4. se DEVELOPER shall provide in the Declaration. and Assocation,Bylaws that the Disposal System and ppurtenancesthereto are part of the common elements and shall thereafter be properly maintainedand operated in conformity with law and .the provisions of the permit. for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws :shall identify the entire wastewater treatment, collection and disposal system as a -common element, which will receive the highest pri ity for expenditures. by the Association except for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall provide in the Declaration and. Association Bylaws that the Disposal System will be maintained out of the common expenses. In, order to assure that there shall be funds readily available to repair, 'maintain or construct. the Disposal System, beyond the :routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common. expenses. Such fund shall be separate from. the routine maintenance funds allocated for the facility and shall be -part of the yearly budget.. 6. the event the common expense allocation and separate .fund are not adequate for the construction, air, and maintenance of the: Disposal System, the Declaration and Association Bylaws shall provide for r :ial assessments to cover :such necessary :costs. There shall be no limit on the amount of such i! .s9menits, and the Declaration and Bylaws shall provide that such special assessments can be. made as ,essary at any time. 7. 3 wastewater collection system and wastewater treatment and/or disposal facility provided. by any city, am, village, county, water :and sews authorities, or other :unit of .government shall hereinafter become ail able to °serve the Development, the DEVELOPER shall :take such action as is necessary to cause the: :fisting and future wastewater of the Development_ to be accepted and discharged into said governmental system, and shall convey or transfer as much ofthe Disposal System and such'. necessary easements as the governmental unit may require as condition of accepting° the Development's wastewater. 8. Recognizing that it would be contrary to the public interest and to the public health, safety and.welfare for the Association to enter into voluntary dissolution without having made adequate provision for the: continued proper maintenance, repair and operation of :its Disposal .System, the DEVELOPER shall. provide in the Association Bylaws that the Association shall not enter, into voluntary dissolution without first having: transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a.pennit: 9. The agreements set forth in numbered paragraphs 1, 2,. 3, 4, 5, 6, 7, and 8 above shall be conditions of:any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance; repair and. - ration of the Disposal System. 10. opy of this agreement shall be filed at the Register. of Deeds in the County where the Declaration led and in the offices of the Secretary of'State of North Carolina with the Articles of Incorporation of Association. IN I -1 NESS WHEREOF, this agreement was: executed in .duplicate originals by the duly - authorized repre n tative of the parties hereto on the day and year written asu dicated by each of the parties named below: FOR' lE ENVIROMWENTAL MAN: MENT CO SIGN L11 ` — Thomas A. Reeder, Acting Director Division of Water Quality Name (Signature) Print Name and Title d 0% a (Date) (Date) FORM* OEV 01-12 Page-2 of 2 rs)1i3 Division of Water Quality FILE Fast Track Application (FTA 12.12) for Sewer Systems— Review Checklist Project NameEAST R1NOE ROAD S�4NITA� Y SEWER -IMPROVEMENTS evi:ew Date:6/ p2U� Project Number;.®:0:6�z3_ Final Review Date Reviewer: Application Pre -Review Project is located in a County currently covered by the regional office es ❑No Application and supporting documentation submitted in duplicate?;. es ❑No One Original and One Copy Correct application fee submitted? G.S. 143-215.31) ^ ,.:, ` y ._~ es ❑No Ensure that a check for $480 is submitted and made out,tp =D)ft Application package is complete \ vL\ \ Current application version (FTA 12-12) - , N��y' � �; ' L ;, es ❑No Brief project narrative (per Section A of FTA. vF,?i e ❑No Certification of Public Convenience and Necessis, rovided 0- Yes ❑No (if applicable) Operational Agreements, signed and: dated ;r ' „yµ y ,`,r 2,u `?:r es ❑No (if applicable) si w ' Flow Tracking / Acceptance Form'(F TSEU,6=) gn ed ai dad .13 , ted es ONO Flow Tracking / Acceptance Planning[AssessW : Addendum"«-x w ❑Yes ❑No (if applicable) Site Map and Street Level Map (per Section F of F I`A i-12) es ❑No Stream Classification Formt (W, kS 03-I�), signed, aea�sd, <tnd dated ' ❑Yes ❑No (must be;comp eted 15y. , l.N .C. PE) S 4 PE Certification of application is signed sealed ntiti d#ed by N I✓E es ❑No isµ..>:.,. z. ..<i..,::.o;,lly Applicant Certificaun is signed an'd dated (or ation letter is provided) ❑No 7 r Perm' ormaOrA L a 7 New Pertnit' \° [Permit Modiflcation; Does the o5 rt require a permh`bt f the ac'"'SA' s ❑No See*Wtting by Regul Inq(15A ,-_02T.0303) for projects deemed permitted .ttd \S 1 Is the project ehgib or the Fast TraelC,Program� Yes []NoProject not permitted through the fast track program Requires an Envzropmental se sment per 15A NCAC 0 1 C .0408 :: a Is an alternative se e:_r(lou Wure sewers, STEP systems, vacuum systems, etc.) Is funded through thR�cture Finance Section If the applicant is a private entity (private utility) ❑Yes jVJNo Applicant has been designated as a public utility by the NC Utilities Commission Has submitted a Certificate of Public Convenience and Necessity (CPCN) or Letter from the Public Staff of the NC Utilities Commission. (contact Central Office) If the applicant is a private entity (Developer) es [—]No Has submitted an executed Operational Agreement (DEV 06-13) If the applicant is a Homeowner's or Property Owner's Association: r::�Wes ❑No Has submitted an executed Operational Agreement (HOA 06-13) and, Copy of the Articles of Incorporation, Declarations and By-laws Wastewater Flow Information Has the wastewater flow volume been calculated correctly (sectionb.9 of FTA 12-12)? RJ'6s []No Flow is calculated per 15A NCAC 02T.0114 r or If daily design flow is not based on regulations ensure that the applicant has an approved flow reduction of daily design flow rate on file with the Division. or If other than 2T.0114, values must be supported with flow data per 15A NCAC 021.0114(f) (Contact Central Office) Has submitted Flow Tracking/Acceptance Form (FTSE 06-13) _ [ s ❑No Proper certification per 15A NCAC .0106 (b) ` les No Form is dated within one year of receipt of application package [ es [—]No Is FTSE Planning Assessment Addendum Required? ❑Yes 090 Required only for projects where available pump station capacity is < 0. Contact Central Office if needed Additional forms (FTSE 06-13) required? ❑Yes �o Required only if the owner of downstream sewer different then owner of W WTF Design Information Has a Stream Classification form been submitted (WSCAS 03-12) ❑Yes jVo Required if any portion of project is within 100 feet of any surface water or wetlands If no, verify separation on submitted USGS Topographic Map Note, 15A NCAC 02T .0305 (f) contains minimum separations required for sewer A variance is required if minimum separations cannot be avoided Has been signed, sealed, and dated by an N.C. PE Oes ❑No Is Project design is in accordance with (see section B.13 of FTA 12-12) a eS ❑No 15A NCAC 02T Gravity Sewer Minimum Design. Criteria (latest version) Minimum Design Criteria for Permitting of Pump Stations and Force Mains (latest version) If no, a variance approval is required per the requirements of 15A NCAC 02T.0105(b) Applicant must submit TWO copies of the plans, specifications, and calculations Contact the Central Office to discuss the variance request to determine a course of action. Variance approvals are issued from the central office. If approved, the variance should be incorporated into the final permit Project contains high priority lines (15A NCAC 02T .0402(2)) ❑Yes 1 To Contact the Central Office Application Certification Has a N.C. PE stamped, signed, and dated the application? sNo [:]Not;;-s" PE with active license in North Carolina? ❑No Check the NCBELS to ensure Engineer is currently registered to practice NCBELS License Lookup Applicant (Owner/Permittee) signature meets requirement of 15A NCAC .0106(b)? BY"es [—]No If not, is a delegation letter provided, delegating authority? es ❑No If the owner is a corporation, is the corporation registered in N.C.? 6Yes ❑No N.C. Secretary of State (Corporation Search) N �OF 11ATFRQ o -c RECEIVED State of North Carolina XV-n ironment and Natural Resources - Division of Water Quality J U N 18 2013 -TRACK APPLICATION (FTA 12-12) for GRA Y-SEWERS, PUMP STATIONS, AND FORCE MAINS Asheville Regional Office General — When submitting this app Ica Ion, he following instructions as a checklist in order to ensure all required items are submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of requested additional information. For more information, visit the Surface Water Section's Collection Systems website or; contact the Regional Office serving your county Unless otherwise noted, the Applicant shall submit one original and one copy of the application and supporting documentation to the appropriate Regional Office (see page 6). A. Cover Letter: ® Include a brief project narrative describing the final design (i.e system and/or pump station to ultimately serve 500 homes, but flow for only 100 homes being requested now). For modifications, clearly explain the reason for the modification (i.e. adding another phase, changing line size, length, etc). B. Application Form (FTA 12-12): ® Submit the completed and appropriately executed Fast -Track (FTA 12-12) Application. Any unauthorized content changes to this form shall result in the application being returned. If necessary for clarity or due to space restrictions, attachment to the application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer. You do not need to submit detailed plans and specifications unless you respond NO to item B(13). ® The Professional Engineer's Certification of the application shall be signed, sealed and dated by a North Carolina licensed Professional Engineer. ® The Applicant's Certification of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an alternate person maybe designated as the signing official .if a delegation letter is provided from a person who meets the criteria in 15A NCAC 02T .0106(b). C. Application Fee: ® Submit a check in the amount of $480 to: North Carolina Department of Environment and Natural Resources (NCDENR). ➢ Checks shall be dated within 90 days of application submittal. D. Certificate of Public Convenience and Necessity (For Privately -Owned Public Utilities Only): ❑ Per 15A NCAC 02T .0115(a)(1), provide two copies of the Certificate of Public Convenience and Necessity from the North Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the sewer extension, or ❑ Provide two copies of a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise approval is expected. ❑ The project name in the CPCN or letter must match that provided in Item A(2)a of this application. E. Operational Agreements (For Home/Property Owners' Associations and Developers of lots to be sold): ➢ Home/Property Owners' Associations ❑ Per 15A NCAC 02T .0115(c), submit the properly executed Operational Agreement (FORM: HOA). ❑ Per 15A NCAC 02T .0115(c), submit the proposed or approved Articles of Incorporation, Declarations and By-laws. ➢ Developers of lots to be sold ® Per 15A NCAC 02T .0115(b), submit the properly executed Operational Agreement (FORM: DEW Even if the project may be turned over to a municipality upon completion, Form DEV 12-12 is required. INSTRUCTIONS FOR APPLICATION E RIS 08-11 & SUPPORTING DOCUMENTATION Page I of 6 F. Downstream Sewer, WWTF Capacity and Flow Tracking/Acceptance Form (FTSE 06/13) ® Submit the completed and appropriately executed Flow Tracking/Acceptance for Sewer Extension Permit (FTSE 06/13) Form for all applications. ➢ The applicant (and owners of downstream sewers, pump stations and/or treatment facilities submitting form FTSE 06/13 certifies that the addition of the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving treatment plant, and that the flow from this project will not cause capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving wastewater treatment plant. ➢ Where the applicant is not the owner of the downstream sewer, submit two copies of form FTSE 06/13 from the owner of the downstream sewer and owner of the WWTF, if different. ➢ The flow acceptance indicated in form FTSE-06/13 must not expire prior to permit issuance and must be dated less than one year prior to the application date. ➢ Submittal of this application and form FTSE-06/13 indicates that owner has adequate capacity and will not violate G.S. 143-215.67(a). ➢ Intergovernmental agreements or other contracts will not be accepted in lieu of a project - specific FTSE-06/13. F. Site Map (All Application Packages): ® Submit an 8.5-inch x 11-inch color copy of a USGS Topographic Map of sufficient scale to identify the entire project area and closest surface waters. Each map must include at a, minimum: ➢ The location of the sewer line and pump stations and be of reproducible quality. ➢ Downstream connection points and the permit number for the receiving sewer (if known) ➢ Pump Station Locations and the longitude and latitude for each pump station (if applicable) ® Include a street level map showing all relevant project areas. G. Stream Classification (WSCAS 12-12) ❑ Submit the completed and appropriately executed Watershed Classification Attachment form (WSCAS 12-12) if any portion of the sewer system project is within 100 feet of any surface water or wetlands. ➢ A variance must be requested for encroachment within required setbacks or buffers pursuant to 15A NCAC 02T .0305(f) H. Environmental Assessments (Projects subject to an Environmental Assessment (EA)): ➢ Projects involving an Environmental Assessment per 15A NCAC 01 C .0408 or are funded through the Division`s Infrastructure Finance Section (IFS) must be submitted for a full technical review and must be submitted to the IFS on application forms provided by the Division. I. Alternative Sewer Systems ➢ Projects involving low pressure sewer systems, vacuum sewer systems and other alternative sewer systems must be submitted for a full technical review and must be submitted to the Division's Infrastructure Finance Section (IFS) on application forms provided by the Division. J. Flow Direction ➢ Many wastewater treatment systems are entering into agreements for regionalization efforts and emergency treatment capacity. Parts of the system are installed so that the wastewater flow can be directed to more than one treatment facility. If this is the case with the project, please indicate in B(12) and give the permit number of the second facility. K. Certifications — Section C ➢ The application must be certified by boththe applicant and the design engineer who is a North Carolina Registered Professional Engineer (PE). The applicant signature must match the signing official listed in Item A(1 b). The PE should NOT certify the application if he/she is unfamiliar with 15A NCAC Chapter 2T, The Gravity Sewer Minimum Design Criteria (most recent version) and the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains (most recent version), as applicable to the project. INSTRUCTIONS FOR APPLICATION FTA 12-12 & SUPPORTING DOCUMENTATION Page 2 of 6 USE THE TAB KEY TO MOVE FROM FIELD TO FIELD Application Number: ,A, y QO03659 (to be completed by DWQ) _- 1f � 1. Owner/Permittee: ,1 a. Cedar Beach Investment Group,- LLC Full Legal Name (company, municipality, HOA, utility, etc.) O 11 b. Cody Jones, Manager p i Signing Official Name and Title (Please review 15A NCAC 2T .0106 (b) for authorized signing officials) 1 c. The legal entity who will own this system is: ❑ Individual ❑ Federal ❑ Municipality ❑ State/County ❑ Private Partnership Corporation ❑ Other (specify): - - - -- - Q - 1 d. 21 East Rochester Drive 1 e. Cas LL Mailing Address City Z 1f. NC !1g. 2871 Z I State Zip ode -JUN 1 8 2013 - - _-- -- - _ 1 h. 828-743-0500 ,1 i. 1 j. �"` j Telephone Facsimile E-mail V. r-- ;2. - - --- --- - -- - ---- - --- - -- ---- - -- -- - Project (Facility) Information: DWQ/Surface WaterProtectionSection Asheville Regional Office - - -- - J 2a. East Ridge Road Sanitary Sewer Improvements 2b. Jacks a Brief Project Name (permit will refer to this name) County Where Project is Located Q !3. - - Contact Person: 3a. Alec Stillwell, Project Engineer Name and Affiliation of Someone Who Can Answer Questions About this Application 31). 828-586-6066 3c. w.stillwell@stillwellengineering.net Phone Number E-mail ;,1. Project is ® New ❑ Modification (of an existing permit) If Modification, Permit No.: 2. Owner is ❑ Public (skip to Item B(3)) ® Private (go to Item 2(a)) �2a. If private, applicant will be: 2b. If sold, facilities owned by a (must choose one ❑ Retaining Ownership (i.e. store, church, single office, etc.) or ❑Public Utility (Instruction D) ❑ Leasing units (lots, townhomes, etc. - skip to Item B(3)) ® Homeowner Assoc./Developer (Instruction E) ® Selling units (lots, townhomes, etc. - go to Item B(2b))- 3. Cedar Beach Investment Group, LLC Z Owner of Wastewater Treatment Facility (WWTF) Treating Wastewater From This Project 4a. Cedar Hill WWTP !4b. NCO068918 QName of WWTF WWTF Permit No. 5a. Cedar Beach Invest. Grp'5b. 2" ❑ Gravity 5c. Unknown 1998 ewer Owner of Downstream SReceiving Sewer Size E. Force Main Permit # of Downstream Sewer (Instruction F) ® 6. The origin of this wastewater_is (check all that apply):_____ LL I ® Residential Subdivision ❑ Retail (Stores, shopping centers) 100% Domestic/Commercial ❑ Apartments/Condominiums ❑ Institution /o ° Industrial ❑ Mobile Home Park ❑ Hospital W i ❑ School ❑ Church (Attach Description) WW ❑ Restaurant ❑ Nursing Home % Other CL ❑ Office ❑ Other (specify): (Attach Description) 7. Volume of wastewater to be allocated or permitted for this particular project: 3,240 gallons per day *Do not include future flows or previously permitted allocations 8. If the permitted flow is zero, indicate why: ❑ Pump Station, Outfall or Interceptor Line where flow will be permitted in subsequent permits that connect to this line ❑ Flow has already been allocated in Permit No. ❑ Rehabilitation or replacement of existing sewer with no new flow expected (see 15A NCAC 02T .0303 to determine if a permit is required) FTA 12-12 APPLICATION Page 3 of 6 Provide the wastewater flow calculations used in determining the permitted flow in accordance with 15A NCAC 2T .0114 for 19.� the value in Item B(7) AND/OR the design flow for line or pump station sizing if a reduced or zero flow is being requested in Item B(7). Values other than that in 15A NCAC 2T .0114 (b) and (c) must be supported with actual water or wastewater use data inaccordance with 15A NCAC 2T .0114 (f). 9 EA - 3 Bedroom residences at 120 GPD / Bedroom = 9 x 360 GPD = 3,240 GPD 110. -- -- ----- - - -- - Summary of Sewer Lines to be Permitted (attach additional sheets if necessary) Size (inches) i Length (feet) New Gravity or Additional Force Main 2 _ 2800 Force Main 6 990 - - Gravity — 1 j11. Summary of Pump Stations w/ associated Force Mains to be Permitted (attach additional sheets as necessary) jPump Station Location ID: East Ridge Pump Station (self chosen - as shown on plans/map for reference) V ' I`ZL Longitude: W 83.06405 Latitude: N 35.11542 Q — — — Q Design Flow Power Reliability Option Operational Point Force Main Length (MGD) GPM @TDH 1pportable f Force Main Size ; 2 generator w/MTS I 0 .009 7 PM @ 122 FTi _ �� 2_ j 2 j 2800 LF -- Z; Pump Station Location ID: (self chosen - as shown on plans/map for reference) I ` "Longitude: Latitude: W { IZ Design Flow i j Operational Point Power Reliability Option j Force Main Length • . .° (MGD) GPM @TDH 1 -permanent generator w/ATS; ; Force Main Size 2 - portable generator w/MTS '12. Will the wastewater flow in the proposed sewer lines or pump stations be able to be directed to another treatment facility? I �❑ Yes ® No If Yes, permit number of 2"d treatment facility I(RO - if "yes" to B,12 please contact the Central Office PERCS Unit) 113. Does the sewer system comply with the Minimum Design Criteria for the Permitting of Pump Stations and Force Mains i (latest version), the Gravity Sewer Minimum Design Criteria (latest version) and 15A NCAC Chapter 2T as applicable? ® Yes ❑ No If No, please reference the pertinent minimum design criteria or regulation and indicate why a variance is requested. SUBMIT TWO COPIES OF PLANS, SPECIFICATIONS OR CALCULATIONS PERTINENT TO THE VARIANCE WITH YOUR APPLICATION sa i FTA 12-12 APPLICATION Page 4 of 6 14. Have the following permits/certifications been submitted for approval for the system or project to be served? Wetland/Stream Crossings - General Permit or 401 Certification? ❑ Yes ❑ No ® N/A Sedimentation and Erosion Control Plan? ❑ Yes ❑ No ® N/A i Trout Buffer Waiver? ❑ Yes ❑ No ® N/A Stormwater? ❑ Yes ❑ No ® N/A ;15. Does this project include any high priority lines (15A NCAC 02T .0402 (2)) involve aerial lines, siphons, or interference manholes)? These lines will be considered high priority and must be checked once every six months i Check if Yes: ❑ and provide details: ;1. Owner/Permittee's Certification: (Signature of Signing Official and Project Name) l,. Cody Jones, attest that this application for East Ridge Road Sanitary Sewer Improvements has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting documentation and attachments are not included, this application package is subject to being returned as incomplete. Note: In accordance with North Carolina General Statutes 143- 215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty o ass 2 misdemeanor, which may include a fine not to exceed $10,000 as well as civil _,penalties up o $25, OQa4i&violation. la. b r� Signing cial Signature Date ENGINEERING DESIGN DOCUMENTS MUST BE COMPLETED PRIOR TO SUBMITTAL OF THIS 'APPLICATION. THESE DOCUMENTS MUST INCLUDE PLAN AND PROFILE OF SEWERS, THEIR PROXIMITY TO OTHER UTILITIES, DESIGN CALCULATIONS, ETC. REFER TO 15A NCAC 02T .0305 Z Q2. Professional Engineer's Certification: (Signature of Design Engineer and Project Name) U /, William A. Stillwell ,attest that this application for East Ridge Road Sanitary Sewer Improvements has been LL i reviewed by me and is accurate, complete and consistent with the information in the engineering plans, calculations, and F- all other supporting documentation to the best of my knowledge. 1 further attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer Minimum Design L!J Criteria for Gravity Sewers adopted February 12, 1996, and the Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 and the watershed classification in accordance with Division guidance. Although other professionals may have developed certain portions of this submittal package, inclusion of these V materials under my signature and seal signifies that / have reviewed this material and have judged it to be consistent with the proposed design. Note: In accordance with NC General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil penalties up to $25, 000 per violation. '2a. William A. Stillwell o�e�+ a 'Its. ®e eB Professional Engineer Name 2b. Stillwell Engineering, PA Engineering Firm - - -- - - - -- - - SEAL T 2c. PO Box 838 0 2 6 g q Mailing Address 2d. Sylva i2e. NC 2f. 28779 City State Zip 2g. 828-586-6066 >2h. 828-586-6566 2i. w.Stillwell@stillwellengineering.net : e.a�as�aao Telephone Facsimile E-mail NC PE Seal, Signature &Date FTA 12-12 APPLICATION Page 5 of 6 StillwellEngineering.net June 17, 2013 North Carolina Dept. of Environment & Natural Resources Division of Water Quality Surface Water Protection Section Asheville Regional Office 2090 US Hwy 70 Swannanoa, NC 28778 RE: Cedar Hill East Ridge Road Sanitary Sewer Improvements Cashiers, NC SUBJECT: FfA PROJECT NARRATIVE Dear Sir or Madam: The above referenced .project is the first phase of a sanitary sewer collection system which will ultimately serve 25 residences with 3 bedrooms per each residence. This phase will serve 9 of the 25. The collection system will discharge into the existing collection system via a 2 inch diameter force main which will tie into an existing 2 inch diameter force main. The proposed system consists of a 6 inch diameter gravity collection line which will discharge into a sanitary sewer lift station which will then transfer the flow to the existing collection system via the proposed 2 inch diameter force main. If you have any questions, please contact me at your convenience. Sincerely, W. Alec Stillwell, P.E. Cc: Mr. James Woodham, Cedar Hill Attachments RECEIVED JUN 18 2013 DWQ/Surface Water Protection Section Asheville Regional Office 116 Central Street Ph: 828.586.6066 PO Box 838 Sylva NC 28779 Fx: 828.586.6566 Sylva NC 28779 WATF,o State of North Carolina Department of Environment and Natural Resources Division of Water Quality Flow Tracking/Acceptance for Sewer Extension Permit Applications (FTSE 06/13) Project Applicant Name: Cedar Beach Investment Group, LLC Project Name for which flow is being requested: East Ridge Road Pump Station & Force Main More than one FTSE may be required for a single project if the owner of the WWTP is not responsible for all pump stations along the route of the proposed wastewater flow. I. Complete this section only if you are the owner of the wastewater treatment plant. a. WWTP Facility Name: Cedar Hill WWTP b. WWTP Facility Permit #: NCO068918 All flows are in MGD c. WWTP facility's permitted flow 0.10 d. Estimated obligated flow not yet tributary to the WWTP 0.00252 e. WWTP facility's actual avg. flow 0.000319 f. Total flow for this specific request 0.00324 g. Total actual and obligated flows to the facility .0061 h. Percent of permitted flow used 6 % II. Complete this section for each pump station you are responsible for along the route of this proposed wastewater flow. List pump stations located between the project connection point and the WWTP: Pump Station Firm (Name or Capacity,* Number) MGD N/A (A) (B) (C) (D)=(B+C) (E)=(A-D) Design Obligated, Average Daily Approx. Not Yet Total Current Flow* * Current Avg. Tributary Flow Plus (Firm / pt), Daily FIow, Daily Flow, Obligated Available MGD MGD MGD Flow Capacity*** * The Firm Capacity of any pump station is defined as the maximum pumped flow that can be achieved with the largest pump taken out of service.. ** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking factor (pf) not less than 2.5. *** A Planning Assessment Addendum shall be attached for each pump station located between the project connection point and the WWTP where the Available Capacity is < 0. Page 1 of 6 FTSE 06/13 r lot$ Certification Statement: I Cody Jones certify to the best of my knowledge that the addition of. the volume of wastewater to be permitted in this project has been evaluated along the route to the receiving wastewater treatment facility and that the flow from this project is not anticipated to cause any capacity related sanitary sewer overflows or overburden any downstream pump station en route to the receiving treatment plant under normal circumstances, given the implementation of the planned improvements identified in the planning assessment where applicable. This analysis has been performed in accordance with local established policies and procedures using the best available data. This certification applies to those items listed above in Sections I and II plus all attached planning assessment addendums for which I am the responsible party. Signature of this form indicates acceptance of this wastewater flow. Signing Official Signature Date Page 2 of 6 FTSE 06/13 ?ylyTopo Map Print Page 1 of 1 MORME-IV PI �Jlp� d IT radlool OWN 4 0 0.5 Mi o z000 Ft , Map provided by MyTopo.com http://map-pass.mytopo.com/maps/print_mytopo.asp?print=20&scale=5&layer--DRG&lay.... 6/17/2013 Cashiers, NC - Google Maps Page 1 of 1 Google Address Cashiers, NC Get Goo IeMa son g p your phone 6 ieddll-d'GMAPS"w466453 http://maps.google.com/maps?�q&source=s _q&hl=en&geocode=&q=Cashiers,+NC&aq=... 6/17/2013 1 1 LLWELENGINEERING PA BOX 9-08 783 PAY TO THE ORDER OF 5865 ry 66-1167/531 DATE DOLLARS Nt.tlo, United] UNrtEo Community B3rl Syfoa, North Camfiva r � U G 9 � STATE OF NORTH CAROLINA COUNTY OF :St, cvtsp. "t of Permit No. -OPERATIONAL AGREEMENT T NOV ? ; M3 DWQ,,S11--`- '1-ntcction Section A .­jdl 011ke ": his AGREEMENT made pursuant to G.S. 14.3-215.1 (dJ*) and entered into this day by and between the North Carol naEnvironmental. . Management Com i-;sion, an agency of the. State- -of'North Carolina, Hereinafter known as the CONUVffSSION; and (:::__k ::513 Q,;S—s Kr a �A uc_.. I _a Coll) or4tion/gpxter4. partnership rogiistered./Jicons ed to do: business in the State- of North Carolina, hqreiiiafter- known. as the, DEVELOPEIL WrINESSETI-1. 1 The DEVELOPER is.the owner of the. certain Jandsl y ,S �e_K-So.3 County? upon: which it is erecting and will erect dwelling—units-and other improvements, :saiddeVt-lopmenfi'obelmomm as 4k t (hereinafter the Development). 2'. Them DEVELOPS desires,to.construct a wastewater collection system with pumps,, wastewater UeatrnenT works, and/or -disposal facilities (hereinafter Disposal System). to provide sanitary sewage disposal to: ,serve the 'Development on said lands. I. The DEVELOPER has applied to: the COWUMION for the issuance of apermit pursuant. to G.S. 14.3-- 5.1 to construct, maintain. and the Disposal System.. maintain, . - . .$p 4. DEVELOPER has created or shall .,create. unit ownership in :said dwellings units, other .improvements. lands through filing of'a Declaration of Unit Ownersh . i . p. (hereinafter Declaration), pursuant to Chapter 1. of two North C.ArWinaGehefal -Statutes-. 5. . -1 DEVELOPER has caused.. to be formed of. imill cause to be formed at the time- -of fling of the OA !clarafion, the (Unit Owners' Association) 9:�;g jb� MW-"> . (hereinafter sociation), anon -profit corporation organized. and existing under- and by -the virtueof the laws of the ate of North Carolina, for -the: -purpose, among others, of Jiand!.Jng the property, affairs and business of the Development:, of 9perating,, maintaining, re�-constan d nd repairing thecommon elements - .of the lands and improvements subject to unit ownership, includingtheDisposal -System; and of collecting dines and assessments to provide funds for such operation, maintenance, re -construction. and repair. 6. The COMMISSION desires to -assure that. the Disposal System of -the- Development is properly constructed, maintained and operated in accordance with law -and permit provisions in order to protect the quality of the waters of the State .and the public interest therein. NOW, THEREFORE, in consideration of the pyomises and, the 'benefits: to be, derived by each of the parties hereto, the -COMMISSION and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER. shall cons ruct the Disposal System Mi accordance -with 1he.permit. and plans an specifications hereafter -issued Ld approved by the COM, MISSIONT, and shall thereafter properly operate maintain such systems and.fac'ilities- in. -accordance with applicable-perinit provisions and -law. 2. DEVELOPER shall not transfer- ow''nersbip and/or control of the Disposal System to the Association :accordance id approved plans, d staff of I constructionJiis. bqe;q compleUd in ydanco, with the permit and I ns,, an the Division of Water Quality has inspected. and approved of -the facilities. in order to� change the name. of 'h permit holder, t1i e , DEVELOPER must request that. the permit be reissued to tire: Associ%ion,. The nest must include a- copy of the As§oeiation Bylaws and Declaration. 3. DEVELOPER shall not transfer, convey,. -assign or otherwise relinquish qWsh or 7' j. - the. operation--- and ma.intmgne of its Disposal System: until 4 permit Been. DEVELOPER's.wcqPssor. AUG 1 2013 FORM: DV;01-1) Page.. 1. of 2 4.1 se DEVELOPER ,.shall provide in the Declaration. and Associ4 94Bylaws !h4t, the Disposal sy-stm 0 and -Ppurtenances thereto are part of the common:elements and d' ' shall thereafter: be properly maintained. and operated in cohfbinity with. law and tlie 1 Maintenance ofthb s' . pro -visions of the permit for constniction, -operation, repair; and ystem and facilities. The Declarations and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a -c6mmoh element, which will receive- the highest priority for expenditures. bythe Association except. for Federal, State, and local taxes and insurance. 5. The DEVELOPER shall -provide in the Declaration and. Association Bylaws that the -Disposal Systern*will be maintained out of the common -expenses. In order to assure that there shall be funds readily- available to repair, maintain or construct the Disposal Systefn,. beyond the -routine. operation and m4iterianoe expenses, the Declaration and Association.Bylaws-shall provide that a fund be, created out of the common expenses. Such fund shall be separate from. the routine maintenance funds allocated for the facility and shall be -part ofthe .yearly budget. 6. the event :the W.I=On expense allocation and separate fund are not adequate for the construction, air, and maintenance of the Dis posal System, the Declaration and Association Bylaws. sh provide all provi for -;ial assessments to cover :such necessary zosts. There shall be no limit on the amomit of such i asstAerits, and the Declaration and Bylaws shall provide that .such special assessmontg can be. made As, :,essary at any time: 7. i wastewater i collectusystem- and Wastewatot tteatitieilt .0 and/or disposal facility provided. by any city, wn,villagp, co w0y, watpr:and.sewer authorities, or other unit of .government shall hereinafter become ailable to -serve the Developmeh4 the- DEVELOPER shall:t*-c suqji; action as is . necessary W ioapse-.the jsting, and future; Wastewater of the.Developnigut to be acc4vtedacid discharged hato said govertiaimtal system, and shall convey or transfer as much' of the Disposal . System and such necessary easements- as the. E, 1010VOtmhentat unit may require as -condition of Development's accepting the - elopmwfs wastewater. 9. Recognizing that it would be contrary to the public interest- and to the.public, health, safety and --welfare, for the Association. to enter into voluntary &solution without having made adequate Provision for the, continued proper maintenance, repair and operation of its Di o . -Sys-tem, the DEVELOPER shall provide in the Association Bylaws that the Association shall not enter: into voluntary .dissolution without first having, transferred its said system. and facilities to some person; coitporation or other entity acceptable to and approved by the:COMMIWON by the, issuance. of -a.pQrmit, 9. The agreements: set forth in numbered paragraphs 1, 2,.3, 4 5', 6, 7, And 8 above shall be conditions of any p . P conditions . - - 3 permit issued by the COMNUSSION to the DEVELOPER for the construction, maintenance, repair and: r­­�ration of the Disposal System. 10. opy of this agreement shall be filed 41 the Register. of Deeds in the Cou*-.(ies) -where the Declaration led and in the offices of the Secretary of State of North Carolina with the Articles of 7hoorporation of I;:- Association, IN A - VNESS WHEREOF origin duly authorized this, agreement was: executed in duplicate als by the d y - repre ', Tative of the parties hereto on.-fhe day and.yearwritten as. 4dicated. by each -of the parties named below - FOR' - [E ENVIRONMENT.. CTEMENT COMMI$SJON ChuciWalcild, Director Division of Watet-Quality. -(Date) (Signature) Print NaAe and Title _ I - Pate`)_ FOIJM* DEV 0142 Paget oft NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary November 19th, 2013 Cody Jones, Secretary Cedar Beach Investment Group, LLC 21 East Rochester Drive Sylva, NC 28717 Subject: Permit No. WQ0036670 Cedar Beach Investment Group, LLC Cedar Hill East Ridge Road — Road B STEP System Wastewater Collection System Extension Jackson County Dear Mr. Jones: sto,4mS uo!>w»y ja3e& mu3mS/omu Me 9 Z AON In accordance with your application received August 15t, 2013, and additional information received on September 28th, 2013, October 24th, 2013, and November 13th, 2013 we are forwarding herewith Permit No. WQ0036670, dated November 19th, 2013, to Cedar Beach Investment Group, LLC for the construction and operation of the subject wastewater collection system extension. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 1.1: No wastewater flow shall be made tributary to the subject sanitary sewer system until the downstream collection system (Permit Number WQ0036593) is constructed, operational, and the engineer's certification has been received by the Division. Condition 1.2: The STEP pump station shall be constructed in accordance with the Division of Environmental Health Onsite Wastewater Rules. Condition 1.3: The STEP septic tank shall be inspected annually and pumped out as necessary. Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system permit issued to the Permittee. It shall be responsibility of the Cedar Beach Investment Group, LLC to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-6492 NorthCaroHaa Internet: www.ncwaterguality.org �� ���"f/ An Eaual OnaortunitvlAffirmaGveAction Emalover s/ Cedar Beach Investment Group, LLC Cedar Hill East Ridge Road — Road B STEP System WQ0036670 additional or replacement wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina Cenerad S#auts, ad filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, .NG,...+ ' 27�' 699-67,. ple v..,ss such demands are made, this permit shall be final and binding. l If you need additiot al information concerning this matter, please contact Michael Leggett at (919) 807- 6312 or via e-mail michael.leggett@ncdenr.gov. Y i V.-:-`Sineerelyp Avu_ for Thomas A. Reeder Division of Water Resources by Deborah Gore, Supervisor Pretreatment, Emergency Response, Collection System Unit enclosure: Operational Agreement cc: Alec Stillwell, PE —Stillwell Engineering (electronic copy) Jackson County Health Department AcheviIIejRegionali.O:ff ice TSUGfaceLWater-P-fotectio`n-Secti6n Water Resources Central Files PERCS (electronic copy) NC®ENR STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Cedar Beach Investment Group, LLC Jackson County for the construction and operation of approximately 520 linear feet of 2-inch pressures sewer pipe; 12 residential STEP systems with associated septic tank, pump tank, effluent pump, and on -site audible and visual high water alarms, as part of the Cedar Hill East Ridge Road — Road B STEP System project, and the discharge of 4, 320 gallons per day of collected domestic wastewater into the Cedar Hill existing sewerage system, pursuant to the application received August 1st, 2013, and additional information received on September 28th, 2013, October 24t", 2013, and November 13t", 2013 and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified conditions and limitations contained therein. Permit issued this the 19t" day of the November, 2013. for Thomas A. Reeder Division of Water Resources By Authority of The Environmental Management Commission .Permit Number: WQ0036670 SUPPLE rl � � PEF;I' IT Chi �i �NF--T Cedar Beach Investment Group, LLC is hereby authorized to: Construct, and then operate upon certification the aforementioned wastewater collection extension. The sewage and wastewater collected by this system shall be treated in the Cedar Hill Wastewater Treatment Facility ( Error! Reference source not found.68918) prior to being discharged into the receiving stream. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval is based on acceptance of the certification provided'by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. No wastewater flow shall be made tributary to the subject sanitary sewer system until the downstream collection system (Permit Number WQ0036593) is constructed, operational, and the engineer's certification has been received by the Division. 2. The STEP pump station shall be constructed in accordance with the Division of Environmental Health Onsite Wastewater Rules. 3. The STEP septic tank shall be inspected annually and pumped out as necessary. Page 2 of 5 II. STANDARD CONDITIONS 1. This permit shall not be transferable. In the event there is a desire for the wastewater collection facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. '2. This permit shall become voidable unless the wastewater collection facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 3. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2T .0403: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. b. A map of the sewer system shall be developed and shall be actively maintained. c. An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days per year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are documented. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute §143-215.1C. h. A Grease Control Program is in place as follows: 1. For public owned collection systems, the Grease Control Program shall include at,least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. 2. For privately owned collection systems, the Grease Control Program shall include at least bi-annual distribution of grease education materials to users of the collection system by the permittee or its representative. B. Grease education materials shall be distributed more often than required in Parts (1) and (2) of this Subparagraph if necessary to prevent grease -related. sanitary sewer overflows. Page 3 of 5 Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. 5. Noncompliance Notification: The Permittee shall report by telephone to a water resources staff member at the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day, following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater transport, such as mechanical or electrical failures of pumps, line blockage or breakage, etc.; or b. Any SSO and/or spill over 1,000 gallons; or c. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. 6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. Per 15A NCAC 2T.01161 upon completion of construction and prior to operation of these permitted facilities, -the completed Engineering Certification form attached to this permit shall be submitted certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. If this project is to be completed in phases and partially certified, you shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Any wastewater flow made tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. Permit modifications are required prior to certification (Final or Partial) and are required for any changes resulting in non-compliance with this permit (including but no limitied to pipe length increases of 10% or greater, increased flow, pump station design capacity design increases of 5% or greater, and increases in the number/type of connections), or regulations. After -construction requests are discouraged by the Division and may not be approved, thus requiring replacement or repair prior to certification & activation. 8. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C. Page 4 of 5 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (local, state and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 213.0200 and 15A NCAC 2H .0500. 12. The Permittee shall provide for the pump station and force main the following items: a. Pump Station Reliability: 1. Pump stations, except when exempted by Subparagraph (j)(2) of 15A NCAC 02T.0305, shall be designed with multiple pumps such that peak flow can be pumped with the largest pump out of service. 2. A standby power source or pump is required at all pump stations except for those pump stations subject to Subparagraph (j)(2) of 15A NCAC 02T.0305. Controls shall be provided to automatically activate the standby source and signal an alarm condition. 3. As an alternative to Part (c) for pump stations with an average daily design flow less than 15,000 gallons per day as calculated using 15A NCAC 02T.0114, a portable power source or pumping capability may be utilized. It shall be demonstrated to the Division that the portable source is owned or contracted by the permittee and is compatible with the station. If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations' storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be provided in the case of a multiple station power outage. 4. As an alternative to Part (ii) for pump or vacuum stations connecting a single building to an alternative sewer system, wet well storage requirements shall be documented to provide 24- hours worth of wastewater storage or, exceed the greatest power outage over the last three years or the documented response time to replace a failed pump, whichever is greater. Documentation shall be required pursuant to the permit application. b. All pump stations designed for two pumps or more shall have a telemetry system to provide remote notification of a problem condition to include power failure and high water alarm. c. High water audio and visual alarm. d. Pump stations shall have a permanent weatherproof sign stating the pump station identifier, 24-hour emergency number and instructions to call in case of emergency. Simplex pump or vacuum stations serving a single-family residence shall have a placard or sticker placed inside the control panel with a 24- hour emergency contact number. e. Screened vents for all wet wells. f. The public shall be restricted access to the site and equipment. g. Air relief valves shall be provided at all high points along force mains where the vertical distance exceeds ten feet. 13. The Permittee shall maintain on hand for immediate installation an adequate supply of spare, fully operational pump units of each type used in the system. Page 5 of 5 CERT'IFICAT'ION Permittee: Cedar Beach Investment Group, LLC Permit No. WQ0036670 Project: Cedar Hill East Ridge Road — Road B STEP System Issue Date: 11/19/2013 This project shall not be considered complete nor allowed to operate until the Division has received this Engineer's Certification and all required supporting documentation. Therefore, it is highlV recommended that this certification be sent in a manner that provides proof of receipt bV the Division. NOTE: If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately filed with the applicable County's Register of Deeds office shall be submitted with the certification. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the wastewater collection system permitted herein or portions thereof. Printed Name, Title Signature Date The Permittee is responsible for tracking all partial certifications up until a final certification is received. Any wastewater flow made, tributary to the wastewater collection system extension prior to completion of this Engineer's Certification shall be considered a violation of the permit and shall subject the Permittee to appropriate enforcement actions. ENGINEER'S CERTIFICATION ❑ Partial ❑ Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the subject project for the Permittee, hereby state that to the best of my abilities, due care and diligence was used in the observation of the following construction: approximately 520 linear feet of 2-inch pressures sewer pipe; 12 residential STEP systems with associated septic tank, pump tank, effluent pump, and on -site audible and visual high water alarms, as part of the Cedar Hill East Ridge Road — Road B STEP System project, and in conformity with the project plans, specifications, and other supporting documents subsequently filed and approved. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved, plans and specifications. North Carolina Professional Engineer's Seal, signature, and date: SEND THIS FORM & SUPPORTING DOCUMENTATION TO THE FOLLOWING ADDRESS NCDWR / WATER QUALITY PERMITTING SECTION WASTEWATER BRANCH — PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699 DWR Use Only: Flow fi-om this project is tributary to: NCO068918 u,in �,,,,x.,.,,.,w,,� ,. �,ti, .„,• . �, Michael F. Easley, Governor ;k William G. Ross Jr., Secretary N h Caroepartment of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Mr. Woodham Resources Planning Corporation PO Box 1298 Cashiers, NC 28717 SUBJECT: Wastewater Collection System II' (( Owner & Operator Requirements L_ ( �1 I I �� �I D n� �;1t Resources Planning Corporatjo6) �NC0068918 Jackson County Dear Mr. Woodham: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection%2OSystems/CollectionSystemsHome.htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. Noi thCarolina Natutally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need -additional -information regarding -this is"sue,- please contact -Don --Price at-(828) 296=4500: - ---- Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, i Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures. kheville R-egio_nal Qffice_facility_file --w/out enclosures----- - DWQ - SWPS - Central Office Files - w/out enclosures j- State of North Carolina Department ' of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street - Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph.D William W. Cobey, Jr., Secretary Director May 21, 1992 Mr. Richard H. Osgood, Jr. MOGO - Sleepy Valley Post Office Box 1298 Cashiers, North Carolina 28717 Su� t: Permit No. W0000510 ` MOGO - Slee v Vallee Devedbpogp-n Crosstn s g Sewer Extension Jackson County In accordance with your application received May 17, 1991, we are forwarding herewith Permit No. WQ0005107 dated May 21, 1992, to MOGO for the construction and operation of the subject wastewater collection extension. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon written request within 30 days.following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, .Raleigh, NC 27611-7447.' Unless such demands are made this permit shall be final and binding. Regional Offices Asheville Fayetteville Mooresville Raleigh " Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919n33-2314 919/946-6481 919/395-3900 919/896-7007 0 Pollution. Prevention Pays O.NN�o P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ms. Angela Y. Griffin at 919/733-5083. Sincerely, 91,E George T. cc: Jackson County Health Department William G. Lapsley & Associates, P.A. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND .NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION PERMIT In accordance with the provisions of Article 21.of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO MOGO-Sleepy Valley Jackson County FOR THE construction and operation of approximately 595 linear feet of 8 inch gravity sewer, a 65 GPM pump station with duplex pumps and high water alarms, and approximately 935 linear feet of 2 inch force main to serve MOGO at Cedar Crossings and the discharge of 12,000 GPD of collected domestic wastewater into the MOGO-Sleepy Valley's existing sewerage system, pursuant to the application received May 17, 1991, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities must be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the MOGO-Sleepy Valley wastewater Treatment Facility prior to being discharged into the receiving stream. 5. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from . the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 6. Construction of ' the sewers, pump station(s) and force main shall be scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. 9. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee . to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 10. The issuance of this permit -does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 11. The Permittee shall provide for the pump station and force main the following items: a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the pump station. b. An air relief valve located at all high points along the force main. C. I A screened vent for the wet well. d. Fillets located in the wet well at the intersection of the flooring and sidewalls. e. Three feet of cover (minimum) over the force main or the use of ferrous material where three feet cannot be maintained. f. Sufficient devices which will protect the pump station from vandals. g. Flood protection if the pump station is located below the 100-year flood elevation. 12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as' the construction of additional or replacement wastewater collection facilities. 13. NONCOMPLIANCE NOTIFICATION: The Permittee shall report by telephone to the Asheville Regional Office, telephone no. (704) 251- 6208 as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of either of the following: a. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater transport such as mechanical or electrical failures of pumps, line blockage or breakage, etc. b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter.form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. . 2 14. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. 15. No wastewater shall be discharged into these sewer collection lines until the recieving wastewater treatment facilty (NC00068918) is constructed and fully operational. Permit issued this the 21 st day of May,1992 Permit Number WQ0005107 ission 3 Permit No. WQ0005107 May 21, 1992 IF,uvINERR'S CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the for the project, Location Project Name Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. 4 STATE OF NORTH CAROLINA Permit No. AC0068918 COUNTY OF JACKSON THIS AGREEMENT made pursuant to G.S. 143-215.1(dl) and entered into this 12th day of May,1992, by and between the North Carolina Environmental Management Commission, an agency of the State*of North Carolina, hereinafter (mown as the COMMISSION; and.MOG_O, a general paitnership registered to do business in the State of North Carolina, hereinafter - known as the DEVELOPER. WI=SETH: 1. The DEVELOPER is the owner of certain lands lying in Jackson County County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as MOGO (hereinafter the Development). 2. The DEVELOPER desires to construct a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage. disposal to serve the Development on said lands: 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create a private incorporated non-profit association of lot owners in said development, other improvements and lands through filing of a Declaration of Covenants, conditions and restrictions including covenants for assessments relating to the proposed improvements associated with the permit (hereinafter Declaration). 5. The DEVELOPER has caused to be formed or will cause to be formed at the time -of filing the Declaration, the MOGO Association, (hereinafter Association) a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISS10N,and DEVELOPER do hereby mutually agree as follows: 1. The DEVELOPER shall construct the Disposal System in accordance with the . permit and plans and specifications hereafter issued and approved by the COMMISSION; and: shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association ByLaws and Declaration. 3. The DEVELOPER shall provide in the Declaration and Association ByLaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the. provisions of the permit for construction, operation, repair and maintenance of the system and - facilities. The Declaration and ByLaws shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures -by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association ByLaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association ByLaws shall provide that a fund -be created out of the common expenses. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. 5. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association ByLaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and ByLaws shall provide that such special assessments can be made as. necessary at any time. 6. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the Disposal System, and such necessary easements as the governmental unit may require as a condition of accepting the Development's wastewater. 7. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the Association to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the Association ByLaws that the Association shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation of other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 8. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's successor. 9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 above shall be conditions of any permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and operation of the Disposal System. ,. 10, A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. 11. The COMMISSION hereby expressly agrees that this agreement will be null and, void in the event that the DEVELOPER is declared a sewer utility as regulated pursuant to the regulations set forth in N.C.G.S. §62-130, et seq. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL MANAGEMENT COMMISSION MOGO, a N. C. general partnership By: George T. Eve tt, Plf. D. Dir for chard H. O goo , Partne Division of Envi ent M agement 2� 9s May 12, 1992 EZ ■ Complete Ite*...V2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. Received North Carolina Department of ��� • ; Environment and Natural Resources Division of Water Resources Water Quality Section HCOV 2090 U.S. Highway 70mSwannanoa, NC 28778 4 I ' Cody S. Jones, Mangge� Cedar Beach Investment Group LLC —Cedar Hill WWTP Post Office Box 20670 Cha, rleston, SC 29413 1 ❑ Agent N�,� ) C. Date f Deliver erefrom item 1? ❑ Yes address below: ❑ No 3. a ce Type Certified Mail EP Express Mail Registered Wetum Receipt for M di O Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 703,2�10�10 0�0b'2 19''67 "6759ii ; %V io1jD 3flLVf-6O m0 3G Fnrm :�i i 1 _ FPhruary 2004 Domestic ReturnReceipt 1095.Q.F-09-M-1.14 v UNITED STATES E�, rirst-Class) c 00 Postage & F -1 6'si RA" 3" rw -q". O�C`T 21110- "L-3. 3. j • Sender: Please print your name, address, and *4- in th!Fbox • JANET CANTWELL NCDENR-DVVR-VVQS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 tri 0 Paid Ill . Complete items 1, 2, and 3. Also complete t.. item 4 if Restricted Delivery is desired. nl: Print your name•and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, gor on the front If space permits. 1 Article Addressed to: Mr. Cody S. Jones, Manacrr _ Cedar Beach9nvestrnent Group LLC' - Z o Box.zob rt harlestor C 29413�c670 A. X ❑ Agent B. Receiv 11d byJPHhteoWame) C. Date of Deliver) a J Ir D. Is delivery add4ss different from�em 17 ❑ Yes If YES, enter elivery address'b'elow? ",,13 No 6� G. 3. Service Type Certified Mail ❑ Ecpress MatI ❑ Registered r Retum Receipt for Merehandisc ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ,Yes 2. Article .- 7012 1010 0002 1967 7541 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 UNITED STATE POSTpt-,SE DICE, , ; , , , First�Class Mail 111 I ! 1 1 i 11� 11 % 11 111 / , 1 f I I 1 1Posta6ef& Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box co 'oo ctt C a c� j rwa NCDENR'' DWR Water Quality=Section 2090 US 70:Hwy Swannnanoa,!NC 28778 ■ Complete item s�i', 2 dfi 3.' ■ Print your name anddcress on the reverse so that We card to you. a Attach this card toTt4ck of the mailpiece, or on the front if space permits. 1. Article Addressed to: , Cody S Jones, Manager Cedar Beach investment Group LLC PO Bo&R0670 Charleston SC 29413 fllllll�l 111 IIIIII I II II II II II'I III I I I 9590 9402 2119 6132 6440 98 L o16 1 70 D0[�1 {6571- 769: PS FnrrnAR11-.Iu112ni9; P.RN 753n-n2-nnn-9n58 r A Signatur� J ❑Agent X ❑ Addressee B. Receii d b rintEolvame) C. Date of Delivery D. Is deliveryD. Is delivery ad�ss different from item 1? ❑ Yesdifferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 0 NOV-2017-MV-0172 JACKS jCNailRestricte Cedar Hill WWTP 91/22/17 IIptfor n IDe evi ry Restricted Delivery ❑ Signature Confirmation*^' alj 7 o Signature Confirmation nib-d-I it Resfilcted Delivery ; ; Restricted Delivery Domestic Return Receipt USPS TRACKING # ..E-�•.>Z'i, Vol ��'' 'tii�.• "�`'� �'�'�"' 41 nv,.b Baas. �'ri ass ana�,�, tp 0 9402 2119 6132 6440 98 United States Postal Service o Cu c 7 o O p It a �3 (.t7 O c a ) C3 0 s' rr r,- c o U Cr > ` Y > C _ ID C t n �¢ a� ti your name, address, \NC Department of Environmental Quality Asheville Regional Office Water Resources 2090 US 70 Highway Swannanoa,NC 28778-8211, this box• !ff#i111!!l13ii-MifI I'.t �a�} ll.l.Ii�M,Ili,fl!lEil l�djjjll fl forth Carolina,Department of Environmental Quality I Nvision•of-Water Resources - - — Hater Quality Operations Section �rec. iv y ?090 U.S. Highway 70 3wannanoa, NC � 28778 delivery ad YtPenter Cody S. Jones, Manager Cedar Beach Investment Group LLC Post Office Box 20670 00 L Charleston, SC 29413 Q nrl!��Ilri�ni�rt�ltilitillr��llli���il�illl��lil��lli�iri ; II I'lllll III IIII I I I I I I IIII ll II'I II IIIII II I �II 3.e ice!yPe ❑ Ai Sl rcture� Ar�utgSlgn, a�ure E 9590 9403 0672 5196 9543 26- ❑ Cotiect on pel'nre j 7015, 15201 0003115416311012331:..1 .11 7"g ent ❑ Addressee N me) C. Da -ef eeliyery / {erent from iter(i 1? /qYe addresOlow: U� �rj c ncm Mail Express® Reb' ered MailTm Ad Delivery ZI RW lstered Mail Restricted .� D ivery L slivery m Receipt for , - erchandise Restricted De ❑ ignature ConfinnatronT IS Signature Confirmation D' ' (I I Restrcted Delivery ^ ` ` ` ` ` ` ` ` ` n !1 ! n nnmestin Retum rm RR'I i11 ipr�ril 9rr1 Fiacti ��an_ro_nnn_ansa 111n?l _ � .J r_ 1 1)� UNITED STAI,5S&&Q� • Sender: Please print your name, address, and ZIP+40 in this box* •� JANET CANTW%- ` NC DEQ-DW0.-WO.,,,��OS - 2090 U.S. TO Wi70 - SWANNANOA NC 3S]78 USPS TRACKING# . ` :,i��l;I;t;;i„jl��flli�'►J'j;�1''i '959� 94�3 ❑672 57,96 9543 26 ■ CA%Iete items'1' 2 and e-.'V4 ■ Print your name and address on the, reverse so that we can return the card to volt: sceWd by �(P'ntetl•Name C. D f of C ody S. Jones, Manager edar Beach Investment Group LLC 2 ost Office Box 20670 -deliverya d, ss diffe n from Rem ❑ Yes harleston, SC 294 2i YES, enterCl ' erWA dre 1I*ow: ❑ No P 4 Ili IIIIII IN I!I I I I I 111111111111 I II I `III I'll 3. Service Type r ❑ Priority Mail Express® I I ❑Adult Signature El Registered Ma(IT"' ❑ Adult Signature R�Wlcted.Dellvery; : 0 Registered Mail Restrlcte ertified Mail® -- Delivery 9590, 9403 0672 5196 9544 49 ❑ certified Mail Restricted Delivery CKRetum Receipt for ❑ Collect on Delivery Mercan hdise n.c e.N.•mE,or_?�ancfar_from cemice.labafl ❑ Collect Delivery Restricted Delivery ❑ Signature ConfinnationTM ' . , t Oa(l t i I (i f i ; z ❑ Signature Confirmation 7 0� 6 11 b 7 4 0 b Q 1! # 6 t N 9 2 0 811 j all I3estrlotedlDel(v.r (j Resf icted Dellveryj 7S Fnrm 3R1 Anril 917115 PSN 7sgn-m-nnmQnsa•wrnil. ]U)i/)— / W, n 7 Dnmestic Retum UNITED *Sendar Please printyour name, address, and "LA°DO" DAVIDSON, SUPER%ASOR 2090 U.S. HI -_--- GHWA 70 SWANNANOANC29778- --- '