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NC0069175_Regional Office Historical File Pre 2018 (2)
.• 1 '!�a IL I II fic(1...)..) ‘'''C.2 Gaston County Public Works Department s4 May 17, 2010 • North Carolina Division of Water Quality— Service Water Protection 610 East Center Avenue, Suite 301 MAY 1 9 20i0 Mooresville, North Carolina 28115 f Attention: Wes Bell • r Reference: Ridge MilVNila Dawn Sewer Extension Project 0 = k Letter of Completion Dear Mr. Bell: As per our telephone conversation on Monday, May 17, 2010, the construction of the Ridge Mill/Nila Dawn Sewer Extension Project has been completed. The sand filter system that originally serviced the Ridge Mi1VNila Dawn neighborhood has also been decommissioned. All sewer flows with respect to this project have been accepted by the City of Gastonia and are being treated at the City of Gastonia—Crowders Creek Wastewater Treatment Plant. If you have any questions regarding this project, please feel free to call me at (704) 862-6795. Respectfully, , Gam X. 3_c________ Daniel K. Ziehm, PE Assistant Director of Public Works or Cc: Curtis Hopper—Gaston County Health Department • Facilities Management-Fleet Maintenance—Print Shop-Solid Waste/Recycling PO Box 1578,Gastonia,NC 28053 Telephone 704-862-7504 FAX 704-869-7366 • ii : :� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director • Secretary December 29, 2009 Mr. Neal Stover DEC 3 1 2009 Ridge Community Sewer Association 3611 Little Mtn Rd Gastonia, NC 28056 Subject: Renewal Notice NPDES Permit NC0069175 Ridge Community WWTP Gaston County Dear Permittee: Your NPDES permit expires on August 31, 2010. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than March 4, 2010. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2010, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H.Weaver, Jr. NPDES Unit cc: Central Files :,13,03_resville ondl qff r£aCP W,ate4$- otect •DES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 NorthCarolina Phone: 919 807-6391/FAX 919 807-6495/charles.weaver@ncdenr.gov Naturally f An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NPDES PERMIT NC0069175 RIDGE COMMUNITY WWTP GASTON COUNTY The following items are REQUIRED for all renewal packages: > A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ➢ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. > If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). > A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations,Part 122) and ALL Municipal facilities with a permitted flow > 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 11 NCopO 9i75 11; °1 Annual Wastewater Treatment System Performance Report For Rid • e Community WWTP FCrik [I -I" • � :�, ��' For the Operating Period RECEIVED F E B �nr January through December, 2008 ,. .. . 5., wa-rEr� QVAun DM-SUIT'S. `:,, '^� v�: �n DENR D�RCE g�NCH Preface pO�NT S On July 20, 1999,the North Carolina General Assembly ratified House Bill 1160,the Clean Water Act of 1999,which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation&Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully,to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Ridge Community WWTP Responsible Entity: Ridge Community Sewer Association Person(s)in Charge/Contact: Kace Environmental Inc., Operator of Responsible Charge(ORC) Applicable Permits: NPDES#NC0069175 Description of Treatment Process and Facilities Served: Treatment Process -The treatment facilities consist of a 0.01 MGD wastewater treatment system with the following components: Septic/dosing tank, Distribution box,two surface sand filter beds and a chlorine contact chamber with tablet chlorination. This system is discharged into an unnamed tributary to Blackwood Creed, classified C waters in the Catawba River Basin. Facilities Served—The system serves the residential area known as Ridge Community. II. Performance Monthly operating parameters are as follows: January—December 2008—Noncompliant due to the facility being incapable of meeting the permit guidelines. The community will eventually be tied into Gaston County and this plant will be closed. III. Notification A copy of this report is also available to interested persons from the offices of: Ridge Community Sewer 3603 Little Mountain Rd. Gastonia,NC 28056 As required,three copies of this report are being provided to NCDEHNR. Readers who have a question or desire detailed information are invited to contact Ridge Community Sewer Association. IV. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. ' 614(46111 i441 o?//7/9 K Deaver Date Kace Environmental,Inc. This report prepared by: Kace Environmental, Inc. PO Box 63 Rutherfordton,NC 28139 Phone: (828)657-1810 Fax: (828)657-4664 RIDGE MILL NEIGHBORHHOOD SEWER IMPROVEMENTS- Decomissioning of Existing Sand Filter Wastewater Treatement System The following steps are proposed by Gaston County and the City of Gastonia for the decomissioning of the existing sand filter wastewater treatment system the Ridge Mill neighborhood is using to treat sewage in southern Gaston County. The following construction activities are planned once all customers have transferred service to the new sewer mains, which will be maintained by the City of Gastonia: • Contractor shall remove existing sand media and pipes within the sand filter basin. Sand and piping shall be transported off-site to an approved disposal site. The Gaston County Landfill is an approved dumping site for the sand and pipe. Contractor to submit to Gaston County and City of Gastonia proof of disposal of material at an approved disposal site. • Contractor shall remove existing block walls of the two sand filter basins. Debris shall be transported offsite and shall not be buried on-site. • Existing septic tank upstream of the sand filter beds shall be filled accordance with NCDENR and Gaston County Health Department requirements. Contractor responsible for any required permits from NCDENR or Health Department. • Contractor shall remove existing chlorination tank, including concrete slab, block walls, roof, etc. Location shall be backfilled, compacted, and seeded. Disturbed banks of creek shall be stabilized with rip-rap. • Contractor shall break-down existing manholes on filter site. Remove frame and cover, and cone section and backfill remaining area of manhole. Enough cover (min. 6 in.) shall be provided to establish a good stand of grass. • Pipes, between sand filter and chlorination tank and septic tank, etc., not removed shall be capped and/or plugged. • Area shall be graded and seeded, mulched in accordance with seeding schedule located on the project plans DIVISION OF WATER QUALITY February 13, 2008 MEMORANDUM TO: Bob Sledge FROM: Rob Krebs PREPARED BY: Wes Bell SUBJECT: Enforcement Recommendation Violations of NCGS 143-215.1 and NPDES Permit No.NC0069175 Ridge Community Sewer Association/Ridge Community WWTP Gaston County,N.C. Attached is an enforcement report which details violations of NPDES Permit No. NC0069175 and NCGS 143-215.1. Also enclosed are previous compliance evaluation inspection (CEI) reports with the corresponding response letters and the pictures taken by the DWQ/MRO staff during the December 11, 2007 CEI. Based upon our review of the responses, an enforcement action is still recommended. If you have questions or require additional information,please contact Wes or me. Attachments WB ,ts . i 5 e__fr1 ecDY L27u I+ it �:v STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON File No. PC IN THE MATTER OF: ) ) RIDGE COMMUNITY SEWER ) FINDINGS AND DECISIONS ASSOCIATION/RIDGE ) AND ASSESSMENT OF COMMUNITY WWTP ) CIVIL PENALTIES ) FOR VIOLATIONS OF: ) NPDES PERMIT NO.NC0069175 ) AND NORTH CAROLINA GENERAL ) STATUTE 143-215.1 ) Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Susan A. Wilson, Supervisor of the NPDES Western Unit of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Ridge Community Sewer Association(hereinafter RCSA) is a cooperative mutual association organized and existing under the laws of the State of North Carolina. B. RCSA owns and operates the Ridge Community wastewater treatment plant(WWTP), located off Charlwood Drive in Gaston County,North Carolina. C. RCSA is the holder of NPDES Permit No. NC0069175, which authorizes the discharge of up to 0.01 MGD of treated wastewater from the Ridge Community WWTP through outfall 001 to an unnamed tributary to Blackwood Creek, Class C waters of the State in the Catawba River Basin. The permit was most recently reissued to RCSA on September 13, 2005, with an effective date of October 1, 2005 and an expiration date of August 31, 2010. D. Part II, Section C (2) of NPDES Permit NC0069175 states the following: in part, 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. PC-2008- Ridge Community Sewer Association Page Two E. A compliance evaluation inspection of the Ridge Community WWTP was conducted by staff of DWQ's Mooresville Regional Office on January 4, 2007. The inspector noted numerous deficiencies and violations of the operations and maintenance condition of the permit. A Notice of Violation (NOV) was issued to RCSA on January 8, 2007 as a result of the findings of the inspection. RCSA was requested to respond to the NOV, advising DWQ as to how it would rectify the deficiencies noted in the inspection report. F. On December 11, 2007, staff of DWQ's Mooresville Regional Office conducted a compliance evaluation inspection at the Ridge Community WWTP. The WWTP was noted to be in a serious state of neglect. A summary of the findings of the inspection is provided in Attachment A. Photographs were taken of the observed conditions. Additional investigation by the inspector revealed the WWTP had not been visited by a certified operator from April 07 through the July 11, 2007. A NOV/Notice of Recommendation of Enforcement was sent to RCSA citing the deficiencies noted during the inspection. G. RCSA's prior record of compliance with programs over which the Environmental Management Commission has regulatory authority is as follows: Since September 04, RCSA has been assessed a total of$8,462.23 in the matters of fourteen prior civil penalty assessments for violations of terms and conditions of NPDES Permit NC0069175. NOVs for violations of permit limits or reporting requirements were issued on the following dates: December 6, 2004, August 1, 2006, and June 26, 2007. An additional NOV for violations identified during a compliance evaluation inspection was issued on July 30, 2004. I. The costs to the State of the investigation and enforcement procedures in this matter totaled $445.58. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. CRSA is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. NPDES Permit NC0069175 is required by G.S. 143-215.1. C. The operations and maintenance requirements of NPDES Permit NC0069175 are terms, conditions, or requirements of said permit. PC-2008- Ridge Community Sewer Association Page Three D. RCSA violated the terms of NPDES Permit NC0069175 on 1 occasion on December 11, 2007 by failing to properly operate and maintain the wastewater treatment plant. E. General Statute 143-215.6A(a)(2)provides that civil penalty of not more than twenty five thousand dollars per violation may be assessed against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 143-215.1. F. The State's enforcement costs in this matter may be assessed against RCSA pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). G. Susan A. Wilson, P.E., Supervisor of the NPDES Western Unit, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law,I make the following: III. DECISION: Accordingly, RCSA is hereby assessed a civil penalty of: $ For failing to properly operate and maintain the Ridge Community WWTP on December 11, 2007, in violation of Part II, Section C. (2) of NPDES Permit ; NC0069175. $ TOTAL CIVIL PENALTY $ Enforcement Costs $ 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 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 violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; PC-2008- Ridge Community Sewer Association Page Four (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. (Date) Susan A. Wilson, P.E., Supervisor NPDES Western Unit Division of Water Quality ATTACHMENT A Ridge Community Sewer Association/Ridge Community WWTP Violations of Part II, Section C(2) NPDES Number NC0069175 Compliance Evaluation Inspection(CEI)performed on December 11, 2007: -Excessive accumulations of wastewater solids and vegetation were observed on both sandbeds. -A sludge mat(approximately one inch in thickness) was observed on top of the sand in areas of both sandbeds. -The sand in both sandbeds appeared dark brown"spent" due to the inadequate removal of wastewater solids and vegetation. -The wastewater was inadequately distributed with ponding being observed in the dosing sandbed. -Severe leakages were observed at the junction of the distribution box and lateral distribution system. -The sand had not been raked and leveled(sand"mounds"were observed). -Stormwater could enter the septic tank due to the deterioration of the concrete structure adjacent to the septic tank lid. -A tablet type dechlorination system was constructed/installed without prior approval (ATC). -Documentation of operator site visitation, on-site field analyses and calibrations, operations and maintenance logs, etc. were not maintained and/or produced for examination. All pictures were taken on 12/11/2007 by DWQ/MRO Staff i f` a 'e r' a Imo. 'gfAto•'y • ar-. ., t" f 4 Jlu-.- \ x ' Leakages were observed at the junction of the distribution box and lateral distribution system(sandbed#1). -'"'ram■ `• '--y v ''T ?Y�n•Y at�.. ...;gym.! .;"" 1'_ .- __ _ II ..Uri a-m,. �.�.. r i, em- •_...... +t "— .t'.,. . • 1, ytj`� _,.1.. gyp, .ryy r..-0�. „'�i5, yJ; wH:l, i.tot . ? Jn Y� .f r04` ^: '�i le+ay . *r '€� ; -,' •" ., . r j tic s. ar, r'''' f . ,F', .. 'am }i .. " � -- w •E.K 3, t �aa.` �+�e:_. " , °5 zi},,k' "tvF ' !CtvC�i f`3 1 \\ ;iw a q' �` '.:s .L:aA' 3_ -v "" oa.` t °r y- t •�„ im•"d1 .; �.., , , *_^ \ : , �`�� ' • ".- ,. .The wastewater was unevenly distributed and the wastewater solids and vegetation(including leaves)were not properly removed(sandbed#1). • .y.-...w,' ' • . 4• , - 1-• •'',, ' t-''4,'41),--fA--1 --'4 , - - • , .‘,. ,--„w--,,, ; ., ji , .1. '-'...'4, ,,AV,- -iii• e f ; - Ift., ' ,A; ..t-k-g ii.i,i ,4.„,i y F . -''',f'..",','r'‘`. 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J 3 5'.r:•s ' xt r \ 4 Dried wastewater solids(up to 1 inch in thickness)that were observed on top of the sand(sandbed#2), may.,. s $' G 1- ,k .4ri tom. 4A. sv.�aag .,, �r r)<'T� foi.to-r '�-{ -�`. :i x Y._ j ;f^.1,- ` K. ^b1 y r _ s r g -' fi r S. 1C,s , d t` if, - £ N44; ;+ :' 7, .,i„:" s ? st .r -t't' "ir 4 t -.� i ♦._,-,- ' ,,,,,,,,,'‘,„;:1,,,,;,..,, ;;��ss��t t`!i RT '2,. w, - rt t �E;,'b-i'; '� fK�. i' `� ,-' y , .,� r J Y;4*,, %x,','-:'t l3 , . ,�t;'� ` t., :` 'r - 4 5`c qu v �klP� ' 'f* t 'WA 1A� pi P� Ytt. r yw/. ,. 0 w S aka. w�, « -•' Y /r `! t 1" d' �' ,,, "y r f *,.( 5Fr ,t d° iw: ` r ,,,,, ,' :..v f.'.iy.ay{l ': .,' i ' t ,gip ;y -r has 9 � �`a: ' `�f 4.•.t .r � ufi�" '�MS+` �yy�IC .+xl 40 '''' f - ,,qua "+' g.� .4 ' ):.1"� ?# � � „ f+„ j Fitt H T r `� #t ,y .+qi- > ,y8 .ytf a ) s•.yY ?e5'i,,e. f .��"j M I r�e. �41' 0 Y' � 1 T��p�'h � "C fi t t' C "" A44 K � .Yy I'f t +,,r ti N 3�t ^C may. r . f P '- F `�r y�F,;y l:}jury 9� A fF Sb 1 �Y � i�. • f "�r, y � i rt+sic 5 Aye t.'�q� / Ak/+' 1. ITT."^'."'1/#4 . '}Y }'F 1 .t f., r; -' .," p /: • • " } ; tr r t "" irr :,'a : "•, k.�}.,* $+,"�14. ,—t -e cf .y!' 'F r ' a'. 4 >; t , a �� r r L liry'_.� � �k 1t- S L'4 t �[ - 4 �_ ._ ' ;7 � F�+��f[pll_ ar''� �°�„.- � fir k "1` a... kir The sand appeared dark brown"spent"due to the inadequate removal of wastewater solids and vegetation (sandbed#2). • T v ` , '; ‘. • . , • „; -- , .1.•1„..,..4, 4.4.,:•,,,,.. I, . . . 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' '. .42,'At 4 i / ,, ., ..... ... . ,i. tw ', Excessive wastewater solids observed on top of the sand(sandbed#2). imii,. ,,,..,.._, . ...,.._. .... ,, . . . _ _ ...,- , x., _ _ ` • ,„_. . .. _ ., . , .. . . . , . , Li,s,.. , ... ..:.. , ,. .,. . ...,..,,,. _.,.. . raw a aka ,-,;,....,,.,-„,., .,.-,,, , ._ .... eT � ,,,:,,-,,, f �.„.-,.,',i,,„..,.„,:•y,e.,:-F.-- err i ,'4.„4r � t 4 r A;' o �r �,� ,,' + , , � 1 tw ti jr l 1 1, t. --''��,,,,���y 1 a .a x .-v i.- 1 ;,,.,,-,....-...;., L r` r-c,'- • l.y " -•a t.71 :; kakr .4 4a :�, i6 .!►,,A,4.. r•xBark .., ! -, xy �, x - br i eM ,� t 3'� ?FAQ ,.2,',4, 't ,� 1 'f7�" - - ,y4 -,, R r a r•Ye, G..0 7e .-:•: yi 'r?50s i V fir. ,,. '- '.. Uneven distribution of wastewater and the lack leveling/raking(see above sand mounds)of the sand that was observed(sandbed#1). DIVISION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: (PC)Permit Condition Violations Violator: Ridge Community Sewer Association Address: 106 Ridge Circle Gastonia,North Carolina 28054 Contact: Lawrence Hayes Registered Agent: Neil Stover Address: 3611 Little Mountain Road Gastonia,North Carolina 28056 Facility: Ridge Community WWTP NPDES Permit No.NC0069175 Regional Office: Mooresville 1. The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations: No harm has been measured or documented; however,the failure to provide proper operation and maintenance could result(via effluent limit violations) in water quality standard violations or degradation of the receiving waters. 2. The duration and gravity of the violations: The Ridge Community WWTP was not visited by a properly certified ORC and/or Back- up ORC from April 2007 through July 11, 2007. The failures to properly operate and maintain the WWTP were observed during the on-site compliance evaluation inspection (CEI)performed by DWQ/MRO staff on December 11, 2007. In addition,the failures to properly operate and maintain the WWTP were also cited in the previous three compliance evaluation inspection reports performed on June 30, 2004 (NOV), September 27, 2005 (NOD), and January 4, 2007 (NOV). 3. The effect on ground or surface water quantity or quality or on air quality: No adverse effects have been documented. 4. The cost of rectifying the damage: No environmental damage has been established. Ridge Community Sewer Association/Ridge Community WWTP Assessment Factors Page Two 5. The amount of money saved by noncompliance: None documented; however, Ridge Community Sewer Association(RCSA)has saved money by failing to properly operate and maintain the wastewater treatment system. 6. Whether the violations were committed willfully or intentionally: There is no evidence to suggest that the violations were committed 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: Since September 04, RCSA has been assessed a total of$8,462.23 in the matters of fourteen prior civil penalty assessments for violations of terms and conditions of NPDES Permit NC0069175. NOVs for violations of permit limits or reporting requirements were issued on the following dates: December 6, 2004, August 1, 2006, and June 26, 2007. Additional NOVs for violations identified during a compliance evaluation inspection were issued on July 30, 2004 and January 8, 2007. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing = $100.00 12.0 hours by investigator for investigating and drafting report @ $24.51/hour = $294.12 1.0 hour for Supervisory review @ $36.46/hour = $ 36.46 1.0 hour for clerical support @ $15.00/hour = $ 15.00 TOTAL = $445.58 9. Type of violator and general nature of business (i.e. individual vs. large corporation): RCSA is a cooperative mutual association involved in the operation and maintenance of the Ridge Community WWTP. 10. Violator's degree of cooperation(including efforts to prevent or restore) or recalcitrance: RCSA has indicated to DWQ Staff that monies are not available to properly rehabilitate the sandbeds. Ridge Community Sewer Association/Ridge Community WWTP Assessment Factors Page Three 11. Mitigating Circumstances: DWQ/MRO staff have noted continued operation and maintenance discrepancies associated with the sand filter system in the last four CEIs (including the most recent inspection). In addition,the Permittee installed a tablet type dechlorination system without first obtaining prior approval (ATC). The January 8, 2007 CEI report had specifically addressed the requirement to submit an ATC application including a listing of the website address to obtain all relevant ATC documentation(guidance documents, ATC application, etc.). DWQ/MRO staff have been informed by the permittee and the Gaston County Grants Administrator that a Clean Water Management Trust Fund Grant(I.D.# 2007-608 for $1,169,000)has been approved to connect the Ridge Community WWTP (and adjacent communities) to the City of Gastonia's collection system. The commencement and completion dates for the construction activities have been estimated to be in the Fall of 2008 and the Spring of 2009. 12. Assessment Factors: a. Receiving Stream: Unnamed tributary to Blackwood Creek, Class C Waters of the State b. Copy of Permit Conditions Pages: Attached CERTIFICATION PAGE I certify that the information in this report is true to the best of my knowledge. /7 Signature of Principle Investigator(s): rIG,',,2,f .. x.-0 Wes Bell Date: I Michael F.Easley,Governor �0 WATF.QQ State of North Carolina p William G.Ross,Jr.,Secretary Fia f aaentof Environment andlatural Resources AN NAT' �nr n -�aWl►nek,P.E.,Director MocFES' = ` '''" Dtyl R of Water Quality J September 13,2005 Aft Mr. Lawrence Hayes Ridge Mill Community System 106 Ridge Circle Gastonia,North Carolina 28052 Subject: NPDE§PERMIT ISSUANCE$ . Permit Number NC0069175 Ridge Community Sewer Association Gaston County Dear Ivfr.Hayes: 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 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 permit shall be final and binding. Please take notice that thiss 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. Please note that several requests have been made for the required sludge management plan. In the last certified letter sent to you dated August 10, 2005, sample language was provided for your use in drafting a response to us. It is imperative that the sludge management plan be included in our files upon renewal of this permit. Please send it at your earliest convenience. If it is not received in our office by October 10,2005, enforcement action will be taken. If you have any questions or need additional information, please do not hesitate to contact Maureen Crawford of my staff at(919) 733-5083,extension 538. Sincerely, 11/44,714_,; Fvr; Alan W.Klimek,P.E. Director,Division of Water Quality cc: Central Files NPDES Unit Files Mooresville Regional Office 1 A 17 MAII SERVICE CENTER.RALEIGH,NORTH CAROLINA 27699-1617-TELEPHONE 919-733-5083/FAX 919-733-0719 Permit NC0069175 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 Ridge Community Sewer Association is hereby authorized to discharge wastewater from a facility located at the Ridge Community WWTP Charlwood Drive south of Gastonia Gaston County to receiving waters designated as an unnamed tributary to Blackwood Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,III and IV hereof. This permit shall become effective October 1, 2005. This permit and authorization to discharge shall expire at midnight on August 31, 2010. Signed this day September 13, 2005. J , r : Alan W. Klimek,P.E.,Dir Division of Water Quality By Authority of the Environmental Management Commission Permit NC0069175 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this 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. The Ridge Community Sewer Association is hereby authorized to: 1. Continue to operate an existing 0.01 MGD wastewater treatment system with the following components: • Septic/dosing tank • Distribution box • Two surface sand filter beds • Chlorine contact chamber with tablet chlorination This facility is located south of Gastonia off Charlwood Drive at the Ridge Community WWTP in Gaston County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Blackwood Creek, classified C waters in the Catawba River Basin. NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: > Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (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 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 Perrnittee 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. (I) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that • Version 6/20/2003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: • (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated;and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B. 2. of this permit. d. Burden of proof[40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permttee 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 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director,postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein,shall be submitted to the following address: NC DENR/ Division of Water Quality/Water Quality Section ATTENTION: central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 6/20/2003 'N111111E1 v.nVJD JL,Jcl.l Glll 1 H Uj North Carolina Department of Environment and Natural Resource t t� Y Coleen H.Sullins.Director Division of Water Quality December 21, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 0710 0005 2882 0250 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,N.C. Tracking#:NOV-2007-PC-0839 Dear Mr. Hayes: • Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 11, 2007 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation(NOV) and Notice of Recommendation for Enforcement(NRE) due to the failure to maintain the permit-required documentation and the continued failures to provide the proper operation and maintenance in violation of the subject NPDES Permit and North Carolina General Statute(G.S.) 143-215.1, as detailed in the Record Keeping, Operations & Maintenance, Septic Tank, and Sand Filter(Low Rate) sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)per violation, per day, 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. It is requested that a written response be submitted to this Office by January 11,2008, addressing the above-noted violations in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. Please be advised that the permittee is responsible for ensuring the facility is staffed with a properly designated ORC and Backup ORC. In addition, the permittee must ensure the ORC and Backup ORC are kept current in the Division's files. Please complete and mail the attached ORC Designation Form to the listed address and attach a copy to this response. © A Noy` Carolina NCDENR ,7vatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledll0%Post Consumer Paper Mr.Lawrence Hayes Page Two December 21,2007 This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the continued violations of G.S. 143-215.1 and NPDES Permit No.NC0069175. If you have an explanation for the violations that you wish to present,please include it in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate,your explanation will be forwarded to the Director along with the enforcement package for his consideration. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Mrs. Allocco, Mr.Bell, or me at(704) 663-1699. Sincerely, /2-1 6 IL__ Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Ken Deaver,Kace Environmental,Inc. Gaston County Health Department 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 1 Nj 2 51 31 NC0069175 1 11 121 07/12/11 I 11 181 CI 191 sl 20�1 —1 Remarks 211 III 1 I I I I l I I 1 l I I I 1 1 1 1 1 1 1 I I 1 l 1 1 1 1 1 1 1 III 1 1 I 1 I I 1 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA —- - - -Reserved 671 1.5 169 701 31 711 NI 721 NI 731 1 1 74 751 1 1 1 1 1 1 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date• Permit Effective Date POTW name and NPDES permit Number) 11:18 AM 07/12/11 05/10/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:00 PM 07/12/11 10/08/31 • Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Kenneth M Deaver/0RC/828-289-9380/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) .Permit II Flow Measurement gi Operations&Maintenance a Records/Reports pi Self-Monitoring Program •Sludge Handling Disposal •Facility Site Review El Effluent/Receiving Waters II Laboratory Section D: Summary of Findinq/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell tiL „Q; MRO WQ//704-663-1699 Ext.231/ /: -/ /n 7 • Sig ature of Management Q A Rev' wer Agency/Office/Phone and Fax Numbers • `�_11 9 Daatteec Q�a_ Marcia locco MRO wQ//704-235-2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3, NC0069175 I11 12I 07/12/11 I17 18ICI Section D: Summary of Finding/':;omments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The following discrepancies were noted during the review of the facility's self-monitoring program: - No permittee signature page was attached to the January 07 DMR. -the incorrect compliance status was checked for the February 07 DMR (Noncompliant should have been checked). -the "<" symbol was not included on one effluent TRC value and two effluent fecal coliform values in July 07 and one effluent fecal coliform value in August 07. - the monthly averages were not calculated correctly on several occassions. - no written authorization has been submitted to DWQ by the permittee that delegates the authority to sign DMRs to the ORC. The permittee has not properly maintained all records required by the Permit including visitation/maintenance log books, DMRs, laboratory analyses, and chain of custody forms. The current ORC/operations firm (as of 7/12/07) is documenting the visitations and maintenance activities performed at the facility in a log that is kept on-site. Page# 2 Permit: NC0069175 Owner-Facility: Ridge Community VWVTP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE �(If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n U n Is the facility as described in the permit? 111000 #Are there any special conditions for the permit? 0 0 ■ 0 Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The facility has installed a tablet type dechlorination system to comply with. a 17 ug/I effluent TRC limit effective 4/1/07; however, no application for an Authorization to Construct (ATC)was submitted and approved prior to the installation of this treatment unit as required by G.S. 143-215.1. Note: DWQ/MRO's previous compliance evaluation inspection performed on 1/4/07 discussed the the application process for the construction/installation of a dechlorination unit and the website address to obtain all relevant information (including ATC application and guidance). Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? Donn Is all required information readily available, complete and current? n ■ n n Are all records maintained for 3 years(lab. reg. required 5 years)? n ■ n n Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain-of-custody complete? ■ n n n Dates, times and location of sampling U Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis ._ � Name of person performing analyses • Transported COCs • Are DMRs complete: do they include all permit parameters? • n 0 n Has the facility submitted its annual compliance report to users and DWQ? 00011 (If the facility is=or> 5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ n ❑ n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? 0 0 • 0 Facility has copy of previous year's Annual Report on file for review? n n n U Page# 3 Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period October 06 through August 07. DWQ has never received the April 07, May 07, and June 07 DMRs. The facility failed to achieve the minimum dissolved oxygen permit limit in October 07 (1 violation), July 07 (2 violations), and August 07 (3 violations). A daily maximum effluent BOD violation was reported in February 07*. A daily maximum and monthly average effluent ammonia violations were reported in July 07. Note: *denotes violation was previously addressed by the issuance of an NOV. The remaining violations will also be separately addressed by the issuances of either NOVs or NOV/civil penalty assessments. See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? U n n n Are all other parameters(excluding field parameters)performed by a certified lab? • • n n n #Is the facility using a contract lab? ■ n n n Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? n n ■ n Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? n n ■ n Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? n n ■ n Comment: The current ORC/operations firm (as of 7/1.2/07) performs the on-site field analyses under the Kace Environmental, Inc.'s laboratory certification (#5424). The facility staff must ensure the calibration times are documented for the pH, dissolved oxygen, and TRC meters. The DWQ staff determined that the previous contract operations firm performed field analyses (following 2/5/07) without a valid laboratory certification as required by 15A NCAC 2H. 0804. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? _. ■ n ❑ n Is proper volume collected? • 0 0 0 Is the tubing clean? n n ■ n Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 0 ■ 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n Comment: Upstream I Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ■ 0 Comment: The July 07 and August 07 DMRs reported the same upstream and downstream sampling times on several occassions. The facility staff must ensure all upstream and downstream times are accurately reported on future DMRs. Operations & Maintenance Yes No NA NE Page# 4 Permit: NC0069175 Owner-Facility: Ridge Community VVVVTP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE • Is the plant generally clean with acceptable housekeeping? • U n n n Does the facility analyze process control parameters, for ex. MLSS, MCRT, Settleable Solids, pH, DO, Sludge n 0 MI 0 Judge, and other that are applicable? Comment: The facility was in poor condition and was not being properly operated and maintained (See following Sections). In addition, the facility was not visited by an appropriately certified ORC and/or Backup ORC for several months. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? n n • n • Is septic tank pumped on a schedule? ■ n n n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? 0 0 ■ 0 Comment: The septic tank's concrete structure adjacent to the lid was severely deteriorated. These deteriorated sections were detached from the lid and have the potential to allow stormwater to flow into the septic tank. The ORC and staff have initiated sodium bicarbonate additions into the septic tank. Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n Is the distribution box level and watertight? n ■ n n is sand filter free of ponding? 0 • 0 0 Is the sand filter effluent re-circulated at a valid ratio? noon #Is the sand filter surface free of algae or excessive vegetation? n ■ n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) n n ■ n Comment: The on-line sandbed was dosing at the time of the inspection. The sandbed appeared to be in poor condition with excessive solids and vegetation being observed throughout the entire sandbed. The sand appeared dark brown "spent" due to the inadequate removal of solids and vegetation. Severe ponding on the sandbed was observed and leakages were observed at the junction of the distribution box and lateral distribution system. The sand had not been raked and the wastewater was not being evenly distributed throughout the sandbed. The off-line sandbed also appeared to be in poor condition with severe accumulations of solids and vegetation. These sandbeds are periodically alternated. Note: The poor condition of the sandbeds was cited in the previous compliance evaluation inspection performed by DWQ/MRO staff on 1/4/07. 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? 2 Page# 5 Permit: NC0069175 Owner-Facility: Ridge Community wWfP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation Disinfection-Tablet Yes No NA NE Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de-chlorination? Finn . 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 Are tablet de-chlorinators operational? U n n n Number of tubes in use? 2 Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? nn ■ ❑ Is flow meter calibrated annually? 0 0 • 0 Is the flow meter operational? onion (If units are separated)Does the chart recorder match the flow meter? noon Comment: Instantaneous effluent flows are measured by the bucket and stop watch method. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? U n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ 0 Comment: The effluent appeared slightly turbid with no foam. The receiving stream contained a "dusting" of fine particulates from the tablet dechlorination unit. The facility staff must ensure the small particulates from the dechlorination unit are prevented from . entering the receiving stream. Page# 6 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: Mailing Address: City: State: Zip: - Phone#: i ) Signature: Date: Facility Name: Permit#: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! Facility Type&Grade: Type Grade Type Grade Biological WWTP Surface Irrigation N/A Physical/Chemical Land Application N/A Collection System Operator in Responsible Charge(ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G.0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh,NC 27699-1618 Fax:919/733-1338 (See next page for designation of additional back-up operators.Designation of more than one back-up operator is optional.) Revised 8-2007 Additional Back-up ORC designations Facility Name: Permit#: Back-Up Operator in Responsible Charge(BU ORC) • Print Full Name: • Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: • Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) • Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Revised 8-2007 fr . KACE ENVIRONMENTAL, INC. PO Box 63 Phone (828) 657-1810 Rutherfordton,NC 28139 Fax (828) 657-4664 January 9 2008 "r fia Mrs. Marcia Allocco Division of Water Quality 610 East Center Ave. Suite 301 NC DENR M '7 Mooresville,North Carolina 28115 DWQ-Surface Water Protection Re: Notice of Violation Ridge Community WWTP NPDES Permit#NC0069175 Dear Mrs. Allocca: The above referenced notice from Mr. Robert B. Krebs dated December 21, 2007 has been sent to us for a response. Outlined below is the response following your page#s as included in the Water Compliance Inspection Report of December 11, 2007. Page 2 Kace Environmental, Inc. assumed duties as ORC of this facility on July 12, 2007. The previous ORC, Mr. David Abernethy, can not be located at this time. Kace will more closely monitor the DMRs prior to submittal to insure there are no omissions of data or miscalculations. Written authorization has been requested from the owner and will be submitted to the appropriate office of DWQ when obtained. Page 3- The tablet feeder for the dechlorination unit was installed at this facility at the time Kace assumed the ORC duties. We were unaware the Authorization to Construct was never filed with DWQ. Mr. Hayes explained that Mr. Abernethy was contracted and paid for this service. Please advise if we need to do this now? Page 4- As stated earlier,Mr. Abernethy was paid for the work to be done in the months of the missing data.Apparently no samples were taken during this time. The facility is a grade I plant with no power. There is no way to increase DO at this plant. As stated earlier this is a grade I plant with ability to make adjustments in treatment. The ORC is adding bicarb and soda ash to insure proper Ph and hopefully improve treatment. The calibration times are recorded in a master log for all field lab equipment on the date it is used. Sample time for the upstream and downstream are now being recorded as the actual time of the analysis. Page5- Previous ORC can not be located to obtain data prior to 7/12/07. The owner has been instructed as to necessity of keeping the sand beds raked and free of vegetation. The owner has been instructed in the necessity of keeping the septic tank in good repair. Kace is currently seeking prices to rebuild the sand beds and will report our finding to the owner as soon as possible. Page 6- Kace is attempting to remedy the dusting of dechlor material. The owners of this facility have been attempting to eliminate this discharge. They have made inquiries to the City of Gastonia to interconnect. However, at this time the funds are not available to make this happen. This is a very small community with a very limited budget. I understand this plant was deeded to the owners when a mill closed down and these people had no choice but to do the best they could with little or no knowledge and practically no monies available to operate the WWTP. Any help you may provide them in eliminating this discharge will be appreciated. Sincerely, / -(1) Ken Deaver CC: Lawrence Hayes `\ William G.Ross Jr., Secretary V . North Carolina Department of Environment and Natural Resources - Alan W.Klimek,P.E.,Director p Division of Water Quality January 8, 2007 CERTIFIED MAIL 7006 2760 0001 8493 0157 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Notice of Violation Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina • Tracking No. NOV-2007-PC-0015 Dear Mr. Hayes, Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 4, 2007 by Mrs. Sonja Basinger of this Office. Please inform the facility's Operator in Responsible.Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation(NOV) because of the operation& maintenance violations of the subject NPDES Permit and the North Carolina General Statute (G.S.) 143-215.1 as detailed in the Sand Filters and Effluent Pipe sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation, per day 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. It is requested that a written response be submitted to this Office by February 7, 2007 addressing the deficiencies and violations noted in the Permit, Record Keeping, Sand Filters, Disinfection-Tablet and Effluent Pipe sections of the report. In responding, please address your comments to the attention of Mrs. Marcia Allocco. KIMENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 Mr. Lawrence Hayes Page 2 January 8, 2007 Please contact this Office within 30 days (by February 7, 2007) in order to continue the file review of the absent data stated in the Record Keeping section of the report. The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mrs. Basinger or me at(704) 663-1699. • Sincerely, for Samar Bou-Ghazale Acting Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department SWB • ATA F'DENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA 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 INI 2 151 31 NC0069175 111 121 07/01/04 1 17 181C1 191si 201 11 Remarks 2111111111IIIIIIII II111IIIIIII II11111I11111111 I1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 2.0 169 701 11 71 1 N I 721 NI 731 1174 751 I I I I I 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) 11:45 AM 07/01/04 05/10/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:15 PM 07/01/04 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// David Patrick Abernethy/ORC/704-489-9401/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) .Permit • El Flow Measurement •Operations&Maintenance •Records/Reports II Self-Monitoring Program II Sludge Handling Disposal III Facility Site Review II Effluent/Receiving Waters II Laboratory • Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Sonja Basinger MRO WQ//704-235-2202/ Sig ure of Management Q A Revie r , Agency/Office/Phone and Fax Numbers Date Marcia oZ cco MRO WQ//704-235-2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (Cont.) 3, • NC0069175 I11 12I 07/01/04 I17 181C1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION continued: The facility was last inspected on September 27, 2005 by Donna Hood of this Office. DMRs were reviewed from the period of October 2005 through September 2006. A monthly average effluent fecal coliform violation was reported for December 2005. Monthly average effluent BOD and fecal coliform, and a weekly average effluent BOD were reported for May 2006. Monthly average effluent BOD and ammonia-nitrogen were reported for June 2006. Monthly average effluent BOD and ammonia-nitrogen, and a weekly average BOD were reported for July 2006. The Division has separately addressed the above-noted violations by issuance of either a NOV or NOV/civil penalty assessment. A daily average effluent dissolved oxygen violation was reported for August 2006. This violation will be addressed by this inspection report. The current ORC and Back-up ORC designation have not been properly designated by the Permittee. The Division's records show the most current ORC Designation Form was last received August 2004. Please be advised that an ORC Designation Form must be completed and submitted if there is any change in ORC and Back-up ORC status. Please complete and submit the enclosed ORC Designation Form. • Page# 2 Permit: NC0069175 Owner-Facility: Ridge Community VWVTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 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? ■ 0 n ❑ Is the inspector granted access to all areas for inspection? ■ n ❑ n Comment: The permit is effective from October 1, 2005 through August 31, 2010. A Total Residual Chlorine (TRC) limit will be effective April 1, 2007. Please be advised that an Authorization to Construct (ATC) application must be submitted to Construction Grants and Loans for the construction/ installation of the dechlorination treatment unit prior to the TRC effective date. The ATC application can be found at the following website: http://www.nccgl.net/news/ATCoverview.htivil The fence enclosing the chlorine contact basin has been compromised to allow general access. Please fix the fence immediately. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? n ■ n n Are all records maintained for 3 years(lab. reg. required 5 years)? ■ Cl_ 0 0 Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain-of-custody complete? '■ 0 0 0 Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ 0 n Has the facility submitted its annual compliance report to users and DWQ? 0 ■ 0 0 (If the facility is =or> 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? 'Irmo Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n Page# 3 Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No AA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? n ■ n n Facility has copy of previous year's Annual Report on file for review? n ■ n n Comment: The ORC received a written request for the facility's records (for the review period of October 2005 through September 2006) prior to the inspection. All records (including DMRs, chain-of-custody, lab data,operator's log, 2006 Annual Wastewater Report, process control data and sludge hauling records) for the period of October 2005 through April 2006 and the chain-of-custody's (coc) for the period of June 2006 through September 2006 were not available for review on the day of the inspection. The facility did not have a current copy of the facility's NPDES permit. A draft copy was available for review. 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 • 0 O. 0 Judge, and other that are applicable? Comment: The sand filter beds have not been properly maintained. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ 0 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? ■ n n ❑ #Is the facility using a contract lab? ■ n n ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ n n Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 ■ 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? onion Comment: Grab samples are required by the facility's permit. Field parameters are performed by Eco Guardian, Inc. certification# 5444. Contracted lab services are performed by Water Tech Labs certification # 50. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? ❑ ❑ ■ ❑ Is flow meter calibrated annually? ❑ ❑ ■ ❑ Is the flow meter operational? ❑ n ■ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ ■ ❑ Comment: Effluent flow is measured by a staff guage and weir. •Septic Tank Yes No NA NE Page# 4 Permit: NC0069175 Owner-Facility: Ridge Community WATP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ ❑ ■ ❑ Is septic tank pumped on a schedule? norm • Are pumps or syphons operating properly? ■ n ❑ Q Are high and low water alarms operating properly? n ❑ ■ n Comment: The ORC stated during the inspection that he has not had the tank pumped since he has been operating the plant. Sand Filters (Low rate) Yes No NA NE • (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ■ ❑ ❑ ❑ Is sand filter free of ponding? n ■ n n Is the sand filter effluent re-circulated at a valid ratio? ❑ ❑ ■ n #Is the sand filter surface free of algae or excessive vegetation? n ■ n n #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ❑ ❑ ■ n Comment: As previously sited in the October 5, 2005 inspection report, the sand filters are poorly maintained and need to be rehabilitated. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ ❑ ❑ ❑ 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 ■ ❑ ❑ Is there chlorine residual prior to de-chlorination? ❑ ❑ ■ ❑ Comment: Norweco calcium hydrochloride tablets are used for disinfection. Five chlorine tablets were present in the chlorinator on the day of the inspection. The tablet chlorinator and chlorine contact basin had significant solids build-up. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ❑ ❑ ■ n Is sample collected below all treatment units? ■ n n n • Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ■ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ n Page# 5 Permit: NC0069175 Owner-Facility: Ridge Community\MNTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n 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? n ■ n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The receiving stream was negatively impacted on the day of the inspection. Biological solids were present in the eflluent discharge and the stream. Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? ■ n n 0 Comment: Page# 6 r Alan W.Klimek,P.E.,Director` ��i ( s Division of Water Quality o March 2, 2007 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Request for Response Notice of Violation Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina Tracking No. NOV-2007-PC-0015 Dear Mr. Hayes, On January 8, 2007, a Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 4, 2007 by Mrs. Sonja Basinger was sent to your attention. In the report it was requested that a written response be submitted to this Office by February 7, 2007 addressing the violations and deficiencies noted in the Sand Filters,Effluent Pipe, Disinfection-Tablet,Permit and Record Keeping sections of the report. To date a response has not been received by this Office. In order to complete our facility review,please submit your response to this Office within 10 days (by no later tban March 12, 2007). If you have any questions please do not hesitate to contact Mrs. Basinger or me at (704) 663-1699. Sincerely, for Michael L. Parker • Acting Surface Water Protection Regional Supervisor S WB ,` NC ENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer er Service February 9, 2007 49 Resubmitted Ms. Marcia Allocco NC Division of Water Quality ` ' s:kr,; :tirV Avs. 610 East Center Avenue Suite 301 µt`n;7:FICE Mooresville, NC 28115 t ;_" :1 Subject: NOV-2007-PC-0015 b1AR _ 207 Ridge Community WWTP NPDES Permit NC0069175 Gaston County, North Carolina JJATE C:::..r.r g :a ' 41 Mrs. Marcia Allocco, Please find the response for the deficiencies sited in the inspection report dated January 8th 2007. Record Keeping-The data requested is not available. Mr. Burshell did not leave data onsite or with the owners. David Abernethy began operations on April 24th 2006. The • requested data can not be produced. A new ORC designation form is included. The TRC modification is in progress to meet the effective date of April 1, 2007. • Sand Filters- The facilities sand beds are in very bad condition. The association responsible for this system has no funds to improve the facility and is petitioning a grant to tie onto the city of Gastonia. Disinfection-Tablet- The effluent basin will be pumped by the end of February. The association will raise the money for the buildup removal. Effluent Pipe- The receiving stream does not receive enough flow to allow for any dilution. Almost every DMR shows no flow for the up stream data. Due to lack of funds, connecting to the city of Gastonia will be the best solution for this system. Should you have any questions, please contact David Abernethy at (704) 699 4895 Sin erely, n - /n4L7k a./e/cc-V,---. 6 (./ Julanne Gollehon Quest Utility Operations Director Water Pollution Control System ORC Designation Form wPCSOCC NCAC 15A:08G.0201 General Information: Pcrmittcc Owner/Officer Name: MAR 1 Mailing Address: City: State: Zip: - Telephone Number: ( ) Signature: Date: Facility Information: Facility: Q.1(:)(l,e eca1/11 , . Permit Number: N f o o L 9 i i S County: �.� „ z.N ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! Mark(X)Type of Facility Class(1 —4) Class Wastewater Plant ( j - 2— Spray irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A Operator in Responsible Charge:Print Name: r 46, 4,-e-f, Social Security# : ,`�?51;-e-6'' 2z- / Certificate Type and Grade: 4.1 w C •tificate#: ;:5.7‘,�' Work Telephone: (70 ci) ps✓. s 2.4. J Signature: 4 Back-Up Oper tor in Responsible Charge: Print Name: i wit')lA/1 ) QE=Riv‹:-7-}-y Social Security# : 01.0 - -cy t,►5 Certificate Type and Grade: CAJ w: _, Certificate#: P6, rES-o- Work Telephone: (7 D 1 ) 09 - 1-I KS- Signature: Cattqr—a4:1) Mail or Fax to: \VPCSOCC 1618 Mail Service Center Raleigh,N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 a l mien=CI r.casicy,VUVCIIWI RpG William G.Ross Jr.,Secretary . North Carolina Department of Environment and Natural Resources r- Alan W.Klimek,P.E.,Director —� Q Division of Water Quality October 5, 2005 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052 Subject: Notice of Deficiency Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 • Gaston County,North Carolina Dear Mr. Hayes: • Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 27, 2005 by Ms. Donna Hood of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to the Office by October 26, 2005, addressing the deficiencies noted in the Sand Filters and Record Keeping Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Ms. Hood or me at(704) 663-1699. Sincerely, `�\► � a , T11. 11:,,t' ,�-. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department DH FICIENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877.623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 1 51 31 NC0059175 11 121 05/09/27 117 181 r LlJ 1 -J91 G' 201I I Remarks 211IIIIIIIIIIl1IIIIIIII1IIII1IIIIIIIIIIIIIIIII III66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------------Reserved 671 169 701 21 711 I 721,NI 731 1174 75I 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) 11:35 AM 05/09/27 02/01/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:14 PM 05/09/27 05/08/31 Name(s)of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data /// Byron K Burchell/ORC/704-813-6881/ Name,Address of Responsible Official/Title/Phone and Fax Number . Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 111 Permit a Flow Measurement •Operations&Maintenance IN Records/Reports II Self-Monitoring Program •Sludge Handling Disposal II Facility Site Review Il Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna/H d MRO WQ/// ./O, . %si - / /..' Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. • rOwnePermit: NC0069175 r-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 Inspection Type: Compliance Evaluation Yes No NA NE Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? ■ n n n Are there any special conditions for the permit? n • ❑ n Is access to the plant site restricted to the general public? U n n n Is the inspector granted access to all areas for inspection? U n n n Comment:The Ridge's new permit is effective 10/1/2005-8/31/2010. The new TRC limit takes effect 4/1/2007. Please be aware that an Authorization to Construct application must be submitted prior to the addition of dechlorination facilities. Also be aware that a sludge management plan has been requested by the Division. This must be submitted prior to 10/10/2005 to prevent enforcement. Yes No NA NE ORerations&_Maintenance Is the plant generally clean with acceptable housekeeping? U ❑ 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:Sand beds have not been properly maintained. • Yes No NA NE Disinfection-Tablet Are tablet chlorinators operational? U n n n Are the tablets the proper size and type? ■ ❑ ❑ n . Number of tubes in use? 1 • Is the level of chlorine residual acceptable? n n n • Is the contact chamber free of growth,or sludge buildup? • 0 0 0 Is there chlorine residual prior to de-chlorination? n n U n Comment:Norweco calcium hypochlorite tablets are used for disinfection. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? n n E n Is septic tank pumped on a schedule? U n n n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? 0 0 • 0 Comment:Stanley Septic pumps the septic tank on a regular basis. Yes No NA NE Sand Filters(Low rate) (If pumps are used)Is an audible and visible alarm Present and operational? ❑ ❑ ❑ Is the distribution box level and watertight? • n n Is sand filter free of ponding? 0 • 0 ❑ Is the sand filter effluent re-circulated at a valid ratio? n n U n Is the sand filter surface free of algae or excessive vegetation? 0 • 0 0 Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 0 0 • 0 Comment:Sand filters are poorly maintained and need to be rehabilitated. Mr.Burchell has expressed concern over the community's inabliity to pay for such a large expenditure. Mr.Bern Shumak can be of assistance in attaining help from the Clean Water Management Trust Fund. He can be reached at(336)366-3801. The North Carolina Rural Water Association has assistance through either Tony Honeycutt or Fred Summers. Their numbers, respectively,are as follows:(919)812-2717 and(919)812-5119. Yes No NA NE Laboratory Are field parameters performed by certified personnel or laboratory? 'Norm Are all other parameters(excluding field parameters)performed by a certified lab? ■ n ❑ n Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 Inspection Type: Compliance Evaluation Yes No NA NE Laboratory Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ n ■ n Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 • 0 Comment: • Flow Measurement- Effluent Yes No NA NE Is flow meter used for reporting? n n n • Is flow meter calibrated annually? n n • 0 Is the flow meter operational? n n ■ n (If units are separated)Does the chart recorder match the flow meter? 0 0 • 0 Comment:A dosing bell counter is used to calculate effluent flow. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? U n n n Is all required information readily available,complete and current? Ninon Are all records maintained for 3 years(lab.reg.required 5 years)? U ❑ n n Are analytical results consistent with data reported on DMRs? • ❑ n n Is the chain-of-custody complete? • U n n n Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses • Transported COCs • Are DMRs complete:do they include all permit parameters? ❑ U n n Has the facility submitted its annual compliance report to users and DWQ? a ❑ ❑ n (If the facility is=.or>5 MOD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 Is the ORC visitation log available and current? a n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ n ❑ Is a copy of the current NPDES permit available on site? • n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment:DMR's for August 2004-July2005 were reviewed for the inspection. One TRC value was missing for the week of 2/27/2005-3/5/2005. The missing value was found on 2/28/2005 in the log book. Please submit an amended DMR to the Division for February 2005 reporting the missing value. BOD limits for daily max and monthly average were violated in July,June,May,April,and January 2005. September 2004 showed a BOO daily max violation. An ammonia nitrogen violation for monthly average was noted in May 2005. Violations prior to May 2005 have been addressed. June and July 2005 violations will be addressed under future cover. Yes No NA NE Effluent Sampling Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? U n n n Is proper volume collected? ■ n n ❑ Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ 0 0 0 Comment: pr Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 Inspection Type: Compliance Evaluation Yes No NA NE Effluent Pipe Is right of way to the outfall properly maintained? • 0 C.I. 0 Are the receiving water free of foam other than trace amounts and other debris? U 0 ❑ 0 If effluent (diffuser pipes are required) are they operating properly? n n En Comment: \ W. \ • V J a OCT '. 7 10, Mr. Richard Bridgeman N.C. Division of Water Quality Mooresville Regional Office WA 610 East Center Avenue, Suite 301 1 �.z Mooresville,NC 28115 704-663-1699 Subject: Written response to Inspection Ridge Community Sewer WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina Dear Mr. Bridgeman: This is a written response that you requested pertaining to the deficiencies noted in the Sand Filters and Record Keeping Sections of the inspection report. Sand Filters — After expressing my concerns regarding the sand filter beds to Ms. Hood and explaining to her the avenues I taken to try to obtain financial assistance in replacing the sand in the beds, my communications with Mr. Curtis Hopper with Gaston County Health Department and Fred Summers with North Carolina Rural Water Association, have fallen short of reaching my goal. Her suggestion was to contact Mr. Bern Shumak to obtain help from the Clean Water Management Trust Fund. I am currently attempting to contact him for this assistance. The sand filter beds have been raked and leveled and are free of excessive vegetation. Record Keeping. — An amended DMR has been resubmitted for February 2005 with the missing TRC values, which was found on 2/28/2005 in the log book. Amended DMR was faxed to Ms. Hood and original amendment sent to Raleigh. A copy of the sludge management plan will accompany this letter and be sent to Maureen Crawford. If you have any further questions or require additional information feel free to contact me at 704-813-6881. Sincerel , ....7,x,,,, ./49te_ tak-; lahl,)-- Byron Burchell/ORC BB/dn _ Ms. Maureen Crawford NC DENR—Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Subject: Sludge Management Plan Permit Number NC0069175 Ridge Community Sewer Assoc. Gaston County Dear Ms. Crawford: The sludge management plan is as follows: Solids from this system are collected in an 8,000 gallon septic tank and is pumped annually or as needed by Stanley Septic Service and ultimately disposed of at Irwin Creek Wastewater Treatment Plant in Charlotte,NC or Cramerton Wastewater Treatment Plant in Cramerton,NC. Solids accumulation on the filter beds are raked off and sent to the landfill according to state regulations. If any further information or assistance is needed please feel free to contact me at 704- 813-6881. Sincerely, ,, Byron Burchell/ORC �7 L 0') BB/dn VAT William G.Ross Jr.Secrtary 0 North Carolina Deportment of Environment and Natural Resources �i Alan W.Klimek,P.E.Director co - Division of Water Quality J Q -� Colccn H.Sullins,Deputy Director Division of Water Quality July 30,2004 CM#7003 1680 0004 0876 0028 CERTIFIED MAIL RETURN RECEIPT RE VESTED Mr. Lawrence Hay Sewer Association Ridge Community • 106 Ridge Circle Gastonia,NC 28052 Subject: Notice of Violation NCGS 143-215.1(a) Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 NOV-2004-PC-0099 Gaston County,NC Dear Mr.Hayes: • a copyof the Compliance Evaluation Inspection Report ove of this Enclosed is on June 30,2004 by Mr. Barry Operator-in-Responsibleor the Charge of our findings by inspection conducted at the subject facility , Office. Please inform the facility's losed report to him. forwarding a copy of the en NOV)because violations of issued as a Notice of Violation Sand Filters,aeof violations Record This report is being of Findings, violations Sampling headings. The cited monitoring Keeping,e subject and Ups as detailed stream Samder the e a assessment document. Pursuant to cited under thousand dollars ($25,000.00) had not been cited under penal a NOVof ft more thanenalty twenty-five to ollact sin accordance25, G.S. i l tion m y a ivil penalty any person who violates or fails per violation may be assessed againstpermit issued pursuant to G.S. 143 ou v�nll conditions, or requirements of any with the terms, recommendation relative to the violations,y Should this Office make an enforcement recomm be advised in writing. 2004 It is requested ested that a written response be submitted toms s Office y of by Augustindings, 18, 2004 Sampling headings of the report. In Record the violations/deficiencies andoted under the yourc address your comments to the attention of Mr.Richard g Q�p responding,pleaseITME R 704 663-1699 Customer Servi Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 t-877-623- Noy Carolina 6748 �turally Mr. Lawrence Hayes Notice of Violation Page Two The report should be self-explanatory; however, should you have any questions, please do not hesitate to contact Mr. Love or me at(704) 663-1699. Sincerely, r\ D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department BL United Slates Environmental Protection Agency Form Approved. EPA Washington.D.C.20460 OMB No.2040-0057 Water Compliance lns_pection Reps Approval expires B-31-96 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 Li 2 U , 31 Ncont:'t775 111 12I o4.•n� n 117 18U 19U 2011 Remarks 211 I I I I I I 1 1 l 1 1 1 1 1 111 11 I l l 11 1 1 1 1 1 1 1 111 l 1 I 1 1 1 1 1 I I 1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -Reserved 67 I 3.0 169 701 J 71 1 2 1 72 LI 731 I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:40 AM 04/06/30 02.`0' 1 Ridge Community WWTP 316 South Marietta Road Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:30 PM 0-1'0;:'30 t..5;06 31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Byron K Burchell/ORC/704-813-3500/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Rd:. Cir Gastonia NC 28052r,. te` Section C: Areas Evaluated During Inspection(Check only those areas evaluated) II Permit II Flow Measurement 111 Operations&Maintenance • Records/Reports II Self-Monitoring Program 111 Sludge Handling Disposal II Facility Site Review II Effluent/Receiving Waters ■ Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s of Inspector(s) Agency/Office/Phone and Fax Numbers Date Barry 7 ove MRC WQ/!70:-c63-169_.'704 563-604C Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridoeman 7••-- c_ -_-- =_:-c0-.. EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. • NPDES yr/mo/day Inspection Type (cont.) 1 31 NC009175 111 12 04.'06/30 117 18 Li Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Effluent Sampling Continued DMR's were reviewed for the period of April :1003 through March 2004. Monitor in9 violations are .as IOS :pwa-: -Effluent temperature was not monitored daily timer .in April , 3 in May, 2 in June, 1z in July, once in September, 11 in November, and once in December 2003. -Total residual chlorine was monitored only once the weeks of May 4-10, 11-17, July 27-August 2, August 3-9, and September 21-27, 2003, and January 18-24, 2004. -pH was not monitored for the month of November 2003. -In April 2003 both pH samples were collected within a period of less than ten days. Twice per month sampling requires a 10 day interval between the collection of the samples. -In July 2003 BOD, NH3, TSR, and Fecal Coliform were collected with less than a ten day interval between collection of samples. The February 2004 DMR was not on file in this Office. The ORC stated that only one copy had been sent in. The permit requires that the DMR be signed and submitted in duplicate. The ORC said he would resubmit the DMR. Two limit violations were reported during the review period. Those limit violations are as follows: -A monthly average NH3 violation was reported for the month of April 2003. This violation has been previously assessed. -A monthly average NH3 violation was reported Lor the month of June 2003. This was previously addressed in a Notice of Violation from this Office. Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association-Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation permit Yea Ne NA NF . (If the present permit expires in 6 months or less). Has the permittce submitted a new application? 0 0 IN 0 Is the facility as described in the permit? • 0 0 0 Are there any special conditions for the permit? 0 • 0 0 Is access to the plant site restricted to the general public? • 0 0 0 Is the inspector granted access to all areas for inspection? • ❑ ❑ ❑ Comment: Operations&Maintenance Yes No NA NF Does the plant have general safety structures in place such as rails around or covers over tanks,pits,or wells? 11000 Is the plant generally clean with acceptable housekeeping? • 0 0 0 Comment: YPa No NA NF PisinfQction Type of system? t c` Are cylinders secured adequately? 0 0 • 0 Are cylinders protected from direct sunlight? 0 0 • 0 Is there adequate reserve supply of disinfectant? ❑ 0 • 0 Is ventilation equipment operational? 0 0 • 0 Is ventilation equipment properly located? 00110 Is SCBA equipment available on site? 00110 Is SCBA equipment operational? ❑ 0 • 0 Is staff trained is operating SCBA equipment? 00 . 0 Is staff trained in emergency procedures? 00 . 0 Is an evacuation plan in place? 0 0 • 0 Are tablet chlorinators operational? • ❑ ❑ ❑ Are the tablets the proper size an type? • 0 0 Number of tubes in use? 1 (Sodium Hypochlorite)Is pump feed system operational? 00110 Is bulk storage tank containment area adequate?(free of leaks/open drains) 0 0 • 0 Is the level of chlorine residual acceptable? 11000 Is there adequate detention time • 0 0 0 Is the contact chamber free of growth,or sludge buildup? a ❑ ❑ ❑ Comment: Seotic Tank Yes No NA NP (If pumps are used)Is an audible and visual alarm operational? 00110 Is septic tank pumped on a schedule? • 0 0 0 Is the distribution box level and watertight? 0 0 NI 0 Are pumps or syphons operating properly? 0 0 0 • Are high and low water alarms operating properly? 00110 Comment:The septic tank was last pumped out in February 2004. The ORC stated that they intend to pump the septic tank twice a year. Sand Filters(Low rate) Yea No NA NF (If pumps are used)Is an audible and visible alarm Present and operational? 0 0 a 0 Is the distribution box level and watertight? a ❑ ❑ 0 Is sand filter free of ponding? 0 • 0 0 Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association- Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation ,Sand Filters(Low rate) Yes No NA NF Is the sand filter effluent re-circulated al a valid ratio? 0 0 • 0 Is the sand filter surface free of algae or excessive vegetation? 0 • 0 0 Comment:New sand is needed to reduce ponding. The lower sand filter was mostly covered with algae. Water was pending along one side and at the distribution box to the extent that tadpoles were present in the water. The permit requires that the facility be properly operated and maintained at all times. The permittee is seeking grant money to upgrade the plant(rebuild distribution boxes and replace sand). Yes No NA NF I ahoratnpr Are field parameters performed by certified personnel or laboratory? ❑ a ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? R ❑ ❑ ❑ Is the facility using a contract lab? • 0 0 0 Are analytical results consistent with data reported on DMRs? a ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? • ❑ 0 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0011 ❑ Incubator(BOD)set to 20.0 degrees Celsius+l-1.0 degrees? 00110 Comment:The ORC was not certified to do field parameters at the time of the inspection. He was in the process of getting certified. Flow Measurement- Effluent Yes No NA NF Is flow meter used for reporting? 0 • 0 0 Is flow meter calibrated annually? 0 0 • ❑ Is flow meter operating properly? 0 0 • ❑ (If units are separated)Does the chart recorder match the flow meter? 0 0 • ❑ Comment:Effluent flow is measured instantaneously by a dose counter. Record Keening Yes No NA NF Are records kept and maintained as required by the permit? 0 .100 Is all required information readily available,complete and current? 0 • ❑ 0 Are all records maintained for 3 years(lab.reg.required 5 years)? 0 0 0 • Are analytical results consistent with data reported on DMRs? ' .1000 Are sampling and analysis data adequate and include: 0 • 0 0 Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis U Name of person performing analyses • Transported COCs • Plant records are adequate,available and include ❑ a ❑ ❑ O&M Manual Cl As built Engineering drawings ❑ Schedules and dates of equipment maintenance and repairs ❑ Are DMRs complete:do they include all permit parameters? a ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? 0 0 0 • (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 00 . 0 Is the ORC visitation log available and current? 0 MI 0 0 Is the ORC certified at grade equal to or higher than the facility classification? • 0 ❑ 0 Is the backup operator certified at one grade less or greater than the facility classification? • 0 0 -0 Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association- Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation Record Keening Yes Nr+ NA NF Is a copy of the current NPDES permit available on site? • 0 0 0 Is the facility description verified as contained in the NPDES permit? 5 ❑ ❑ ❑ Does the facility analyze process control parameters,for example:MLSS,MCRT,Settleable Solids,DO,Sludge ❑ ❑ • ❑ Judge,pH,and others that are applicable? Facility has copy of previous year's Annual Report on file for review? 0 0 0 • Comment:The current ORC has been operating the plant since January 2004. All records maintained by the previous ORC were still in his possession and not available for review. The permittee is required to maintain copies of all records for 3 years and sludge records for 5 years. The ORC had lost his log book just a few days previous to the inspection,so it was not available for review. Fffbtent Sampling. Yes No NA NF Is composite sampling flow proportional? ❑ 0 • 0 Is sample collected below all treatment units? III 0 0 0 Is proper volume collected? • 0 ❑ 0 Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? U ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? 1. 000 Comment:Please refer to the Summary Section in regard to monitoring and limit violations. j.Jostream/flownstream Samolina Yes Nn NA NF Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? 0 • 0 0 Comment:No upstream/downstream sampling data was submitted for the month of October 2003. The upstream/downstream form was not included with the DMR. Fffhtent Pine Yes. Nn NA NP Is right of way to the outfall properly maintained? U ❑ ❑ ❑ Are receiving water free of solids and floatable wastewater materials? • ❑ 0 0 Are the receiving waters free of solids/debris? 5 ❑ ❑ ❑ Are the receiving waters free of foam other than a trace? 5 ❑ ❑ ❑ Are the receiving waters free of sludge worms? • 0 0 0 If effluent (diffuser pipes are required) are they operating properly? 00110 Comment:The receiving stream did not appear to be negatively impacted. Mr.Richard Bridgeman Div.of Water Quality � Mooresville Regional Office \ ' AN I 8 `, 919 North Main Street Mooresville,NC 28115 Subject: Response to Compliance Evalution Ridge Community Sewer NPDES Permit No.NC00691751"3 a _ s Dear Mr.Bridgeman, In response to the compliance evaluation that was conducted by Barry Love on June 30,2004.I have a brief explanation for each item starting with Section C and under Section D: Summary of Findings. Attempts are being made to contact the previous ORC for the information and the return of the operator log books and records.Amendments will be submitted in duplicate. Operations&Maint.: Laboratory: Application for Field Parameters Certification is in Progress. Record Keeping: Attempts are being made to collect the records and ORC visitation log book from previous ORC. New logs have been made from Feb.-Current with newly constructed data sheets. Upstream/Downstream Sampling Attempts are being made to contact previous ORC to collect this information. Section D Summary of Findings: • Attempts are being made to collect this information from previous ORC.Records and ORC visitation log books are still in his possession. Also Feb/04 DMR will be resubmitted. After discussion with Barry Love,it was concluded that my printed name,signature and the permittee's address will be proper information on the back of the DMR.New copy of Signatory Authority will be submitted. I appreciate the helpful advise by Mr.Love on reconstructing my log book.after a year it was hard to remember all the proper sequence of information. Any further questions or information needed,I can be contacted at 704-867-0753 or 704-813-6881 cell. Sincerely, Byron K.Burchell 7> -71 Michael F.Easley,Governor William G.Ross Jr.,Secretary QG North Carolina Department of Environment and Natural Resources Cq Coleen H.Sullins,Director Division of Water Quality O < February 12, 2008 NEAL STOVERREcEivED RIDGE COMMUNITY SEWER ASSOCIATION 3611 LITTLE MTN RD GASTONIA NC 28056 r 7 1 2 TD8 < < SUBJECT: Payment Acknowledgment Civil Penalty Assessment NC DENR MRO Ridge Community WWTP NAIn Surface Water Protection Permit Number:NC0069175 Case Number: LM-2008-0001 Gaston County Dear Mr. Stover: This letter is to acknowledge receipt of check number 1767 in the amount of$433.89 received from you dated February 8,2008. This payment satisfies in full the above civil assessment levied against the subject facility,and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations,or Permits. If you have any questions,please call Robert L. Sledge at 919-733-5083 Ext. 547. Sincerely, Aligt:/1,CL Dina Sprinkle cc: Enforcement File#: LM-2008-0001 ANINFINgoreAle Regional Office Supervisor Central Files Nam` Carolina atura!!y 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 • RIDGE COMMUNITY SEWER ASSOCIATION 1767 1 3611 LITTLE MOUNTAIN RD. GASTONIA,NC 28054 66-112/531 DATE 02' ? oU BRANCH 56009 a PAY fJ 9 TO THE Z, ORDER OF Oe LPRP-ribtakf-r- cr 61160 c a/iYi 1ST. /lATc)2 C5"oc.1R tGS I $ 4,33 ) v-- 8 �, F•`„a; ��J2 {(U D2c° RA!D 7HF27y Tr1 mitt. A R 5 �.�v ' DOLLARS a BB&T BRANCH BANKING AND TRUST COMPANY 1-800-BANK BBT BBT.com f �� FOR P�R.NI1 T". F��oc 9/'TS•-�Le +l G fr1•a-ODS_oa0 ! � r�6daf,-4 A-, 11. ii°0000L7670 1:053LOLL2L1:000L60L0 9 5 8 5 4111aa- W A T. Michael F.Easley,Governor /�, / Q William G.Ross Jr.,Secretary 1�'� ))///� . Q North Carolina Department of Environment and Natural Resource fi)- r Coleen Sullins.Director S Division of Water Quality January 31,2008 CERTIFIED MAIL 7006 2760 0001 8497 6127 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community System 106 Ridge Circle Gastonia,North Carolina 28052 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No.NC0069175 Ridge Community WWTP Gaston County Case No.LM-2008-0001 Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.89 ($350.00 civil penalty+$83.89 enforcement costs)against Ridge Community. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for July 2007. This review his shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NCO069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Ridge Community violated the terms,conditions, or requirements of NPDES Permit No.NCOO69175 and North Carolina General Statute(G.S.) 143-215.1(a)(6)in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Ridge Community: N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 $ 0 For 2 of the two (2)violations of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175,by failing to monitor for total residual chlorine in violation of permit conditions. $ 0 For 2 of the two (2)violations of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175,by failing to monitor for temperature in violation of permit conditions. $ 0 For 1 of the one violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175, by failing to monitor for flow in violation of permit conditions. $ 0 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0069175,by failing to monitor for dissolved oxygen in violation of permit conditions. $ 0 For 2 of the two(2)violations of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175,by discharging waste into the waters of the State in violation of the permit daily minimum effluent limit for dissolved oxygen. $ 100.00 For 1_of the one (1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175,by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. $ 250.00 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175,by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 350.00 TOTAL CIVIL PENALTY $ 83.89 Enforcement costs. $ 433.89 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. • In order to request remission,you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter)on the petition. • Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applyingfor a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments j1 ATTACHMENT A CASE NO.LM-2008-0001 Outfall Date Parameter Reported Value Permit Limit 001 7/1-7/2007 TRC none monitor 2X week 001 7/1-7/2007 Temperature none monitor 2X week 001 7/1-7/2007 Flow none monitor weekly 001 7/1-7/2007 Dissolved Oxygen none monitor weekly 001 7/16/2007 Dissolved Oxygen 5.7 mg/I 6.0 mg/1 daily minimum 001 7/31/2007 Dissolved Oxygen 4.1 mg/1 6.0 mg/1 daily minimum 001 7/24/2007 Ammonia Nitrogen * 29.0 mg/1 10 mg/I daily maximum 001 7/2007 Ammonia Nitrogen * 16.5 mg/1 2.0 mg/1 monthly average * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY ) STIPULATION OF FACTS PERMIT NO.NC0069175 ) FILE NO. LM-2008-0001 Having been assessed civil penalties totaling$ 433.89 for violation(s)as set forth in the assessment document of the Division of Water Quality dated January 31,2008,the undersigned, desiring to seek remission of the civil penalties,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ,2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2008-0001 Assessed Party: Ridge Community County: Gaston Permit Number: NC0069175 Amount Assessed: $433.89 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 ofFacts" 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 (Le., 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(Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Ridge Community Facility: Ridge Community WWTP County: Gaston Case Number: LM-2008-0001 Permit Number: NC0069175 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; No harm has been documented;however,ammonia nitrogen concentrations in excess of permit limits may cause in-stream toxicity,lower dissolved oxygen levels,and nutrient enrichment in the receiving stream. 2) The duration and gravity of the violation; The violations occurred during the month of July 2007. Permit parameters total residual chlorine, temperature,flow and dissolved oxygen were not reported during the period of July 1-11,2007. 3) The effect on ground or surface water quantity or quality or on air quality; No effect on ground water or air quality are expected;however, surface water may have been impacted by the discharge. Ammonia nitrogen discharged in excess of permit limits may be predicted to cause toxicity, lowered dissolved oxygen levels,and nutrient enrichment in the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved. Monitoring violations occurred because the contract operator abandoned the facility without the knowledge of the Pennittee. The Permittee hired another contract operator when it was discovered that the previous operator had not been properly monitoring the site. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The previous ORC abandoned the facility in May 2007. No monitoring was performed in June 2007 and part of July 2007. The Permittee hired a new contract operator in a timely manner after discovering the previous operator had abandoned the system. No enforcement cases have been taken against the facility in the previous 12-month period. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was$83.89. 11 30fralr 4 1� Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 12/07/07 Page: 6 of 13 Permit: % MRs Between: 7-2007 and 7.2007 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES WW . Facility Name: % Param Name:% County:% Subbasin:% Violation Action:% Major Minor: % PERMIT:NC0068888 FACILITY: Town of Dallas-Dallas WWTP COUNTY:Gaston, i REGION: Mooresville 1-AA-- -fit - CIEF) Limit Violation r t CA"--:'-;."' Oj. 3 :c.' 1r (�4 c -. . . i•-'1..,-1..ki1 v,?Av=-C P i- MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 07-2007 001 Effluent BOD,5-Day(20 Deg.C) 07/28/07 3 X week mg/I 19.5 24.33 `1.'f Weekly Average Exceeded None 4, .34E) g Nitro en,Ammonia Total(as 07/14/07 3 X week mg/I 6 11.27 a Weekly Average Exceeded None ' ?'fit) 07-2007 001 Effluent N) 07-2007 001 Effluent Nitrogen,Ammonia Total(as 07/31/07 3 X week mg/I 2 6.08 uktx.Monthly Average Exceeded None 0,-�ZC, f Al f��t�.r - Y-,�. "�, -1�� 1.- -C> z�-< i�L.t-= or --<< t ---- AL tclC t e;-:1't_jetc a. PERMIT:NC0069175 FACILITY: Ridge Community Sewer Association-Ridge Community COUNTY:Gaston REGION: Mooresville WWTP ' Limit Violation t-yY\ Z 6 0 e 0 l? 0 1 MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 07-2007 001 Effluent DO,Oxygen,Dissolved 07/16/07 Weekly mg/I 6 5.7 Daily Minimum Not Reached None 0 07-2007 001 Effluent DO,Oxygen,Dissolved 07/31/07 Weekly mg/I 6 4.1 Daily Minimum Not Reached None d 07-2007 001 Effluent Nitrogen,Ammonia Total(as 07/24/07 2 X month mg/I 10 29 Daily Maximum Exceeded None /th b g Nitro en,Ammonia Total(as 07/31/07 2 X month mg/I 2 16.5 Monthly Average Exceeded None G 07-2007 001 Effluent N) L 2 v ,ii I4,tzsws 0 l N 1 U 9 DO 1 " v W EFFLUENT;4"- F 1 , • � SEP 112007 • S E P 1 4 2007 NPDES PERMIT NO._NC 0069175 DISCHARGE NO. 001 MONTH JULY YEAR 2007 FACILITY NAME_RIDGE COMMUNITY SEWER ASSOCIATION CLASS_ I COUNTY GASTON CERI IFIED LABORATORY(1)_ENVIRONMENTAL TESTING SOLUTIONS_CERTIFICATION NO. 600_ (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE(ORC) KEN DEAVER GRADE II CERTIFICATION NO. 27295 PERSON(S)COLLECTING SAMPLES KEN DEAVER ORC PHONE 828-289-9380 CHECK BOX IF ORC HAS CHANGED MEr. NO FLOW/DISCHARGE FROM SITE• 0 Mail ORIGINAL and ONE COPY to: ATTN:CENTRAL FILES x f Sii7 ii°2 DIVISION OF WATER QUALITY (SIG OF OPERATOR IN RESPONSIBLE CHARGE) DATTTTEEEE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 50050 00010 I 00400 50060 00310 00610 00530 31616 00300 00600 00665 I gg i... E : FLOW w Z g A ENTER PARAMETER CODE ABOVE VE ' wEFF U S Z AW g : W Z W NAME_AID UNITS BELOW mc R0 8 FUweaF8 xN p gel d ppa a0 cO ❑11v dZ cla a A z a o � ° dislMMedion URN IIRS 1B/N MGI) ° C ('NITS CG/I. NIG/I. NI(;/1. N1G/L *I(HNIL NI(:/L. AIG/l. NIG/L. 1 e t 1 ._.11 awl 6 7 8 10 11 NEW ORC STARTED ON TUL1 (2,2007 12 1700 0.7 Y 0.002 26.4 ,15 °. 13 750 0,51' 26.5 6.7 15 3.4 4 8.8 ! I ti.l 14 15 7-----. 16 900 0.4 Y 0-001 24.0 15 '5.7 ) 17 N 24.1 ^-y IN N 25.0 I) N 250 20 845 0.5 Y 26.0 ..15 22 23 N 25.0 24 1225 0.5 Y 0.002 24.6 6.5 15 4.2 1 29 9-5 (.. 1 6.1 15 N 2411 26 N 25.0 27 700 N 24.0 I S 28 _ 3041525 0.5 Y 0.001 23.9 --- / 31 v N � 20.0 6.8 I5 4.1 tea? � l"-= � � _ AVERAGE 0.001 5 2 3.1� 15 3.X \)6.5 183 I 3.5 NLANINI TM. 0.002 26.5 6.8 15 4.2 ._2) 9.5 1 6.1 MINIMUM 0.001 20.0 6.5 15 3.4 4 8.8 1 4-I Comp.(C)/Grab(G) _G G G G G G G _ Monthly Limit 0.01 NIL 6.0/9.1) 17 5.0/7.5 2.0/10.0 30/45 200/41)0 6.0 r+ _ 'It - LCL'i - ('CO f DWQ Form MR-1(11/04) Facility Status: (Please check one of the following) • All monitoring data and sampling frequencies meet permit requirements (including weekly averages,if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements X Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant,please attach a list of corrective actions being taken and a time-table for improvements to be made as required by Part II.E.6 of the NPDES permit. "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Ridge Mill Community System Permittee (Please print or type) J�^' 4ik/,y�,A // Cc;lgty ti i of Permittee** Date J Ridge Mill Community System (Required unless submitted electronically) 106 Ridge Circle Gastonia,NC 28052 Permittee Address Phone Number e-mail address Permit Expiration Date 704-865-0555 8/31/2010 ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory(2) Kace Environmental,Inc Certification No. 5424 Certified Laboratory(3) Certification No. Certified Laboratory(4) Certification No. Certified Laboratory(5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at(919)733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. • No Flow/Discharge From Site: Check this box if no discharge occurs and,as a result,there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. * ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. * *Signature of Permittee: If signed by other than the permittee,then the delegation of the signatory authority must be on Page 2 8/21/07 The Ridge Community System did not have an ORC for approximately two months. The new ORC started on July 12, 2007. The ORC is currently assessing the operating conditions of the plant and making corrective actions as needed. This is a simple septic tank and sand filter plant. I am concerned this plant may not be able to meet these strin ent limits with the limited facilities available. fr4i4.J eaver ORC Ridge Mill Community System k Annual Wastewater Treatment System Performance Report For Ridge Community WWTP RE vE E r�q For the Operating Period January through December, 2007 NC DENR MRO DWQ-Surface Water Protectio Preface On July 20, 1999,the North Carolina General Assembly ratified House Bill 1160,the Clean Water Act of 1999, which placed significant new reporting requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation& Maintenance Plan 3. Annual Performance Report These new requirements became effective October 1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR)as set forth in their guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight(and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect the waters of the state. I. General Information Facility/System Name: Ridge Community WWTP Responsible Entity: Ridge Community Sewer Association Person(s) in Charge/Contact: Kace Environmental Inc., Operator of Responsible Charge(ORC)—Assumed Noperations July 2007 Applicable Permits: NPDES #NC0069175 Description of Treatment Process and Facilities Served: Treatment Process - The treatment facilities consist of a 0.01 MGD wastewater treatment system with the following components: Septic/dosing tank, Distribution box,two surface sand filter beds and a chlorine contact chamber with tablet chlorination. This system is discharged into an unnamed tributary to Blackwood Creed, classified C waters in the Catawba River Basin. Facilities Served—The system serves the residential area known as Ridge Community. II. Performance Monthly operating parameters are as follows: January -June Unknown, no information on file. KACE Environmental Inc. assumed ORC responsibilities in July 2007 July— Noncompliant—New ORC began 7/12/2007. No DMR Information from July 1 — 12t. August— Noncompliant—Plant recovering from period of time with no Operator and is not capable of meeting low limits. September— Noncompliant—Plant recovering from period of time with no operator and is not capable of meeting low limits. October— Noncompliant—Plant is not capable of meeting low limits. November— Noncompliant—Plant is not capable of meeting low limits December— Noncompliant—Plant is not capable of meeting low limits. III. Notification A copy of this report is also available to interested persons from the offices of: Ridge Community Sewer 3603 Little Mountain Rd. Gastonia,NC 28056 As required,three copies of this report are being provided to NCDEHNR. Readers who have a question or desire detailed information are invited to contact Ridge Community Sewer Association. IV. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. 4/f.44)‘ siipliA-..i ?Hoe Ken Deaver Date Kace Environmental, Inc. This report prepared by: Kace Environmental, Inc. PO Box 63 Rutherfordton,NC 28139 Phone: (828) 657-1810 Fax: (828) 657-4664 7 Ifs , 1 i KACE ENVIRONMENTAL, INC. PO Box 63 Phone (828) 657-1810 Rutherfordton,NC 28139 Fax (828) 657-4664 January 9, 2008 RECFIVE" D Mrs. Marcia Allocco Division of Water Quality 610 East Center Ave. Suite 301 NC DENR MR0 Mooresville,North Carolina 28115 DWQ-Surface Water Protection Re: Notice of Violation Ridge Community WWTP NPDES Permit#NC0069175 Dear Mrs. Allocca: The above referenced notice from Mr. Robert B. Krebs dated December 21, 2007 has been sent to us for a response. Outlined below is the response following your page #s as included in the Water Compliance Inspection Report of December 11, 2007. Page 2 Kace Environmental, Inc. assumed duties as ORC of this facility on July 12, 2007. The previous ORC, Mr. David Abernethy, can not be located at this time. Kace will more closely monitor the DMRs prior to submittal to insure there are no omissions of data or miscalculations. Written authorization has been requested from the owner and will be submitted to the appropriate office of DWQ when obtained. Page 3- The tablet feeder for the dechlorination unit was installed at this facility at the time Kace assumed the ORC duties. We were unaware the Authorization to Construct was never filed with DWQ. Mr. Hayes explained that Mr. Abernethy was contracted and paid for this service. Please advise if we need to do this now? Page 4- As stated earlier, Mr. Abernethy was paid for the work to be done in the months of the missing data. Apparently no samples were taken during this time. The facility is a grade I plant with no power. There is no way to increase DO at this plant. As stated earlier this is a grade I plant with ability to make adjustments in treatment. The ORC is adding bicarb and soda ash to insure proper Ph and hopefully improve treatment. The calibration times are recorded in a master log for all field lab equipment on the date it is used. Sample time for the upstream and downstream are now being recorded as the actual time of the analysis. Pages- Previous ORC can not be located to obtain data prior to 7/12/07. The owner has been instructed as to necessity of keeping the sand beds raked and free of vegetation. The owner has been instructed in the necessity of keeping the septic tank in good repair. Kace is currently seeking prices to rebuild the sand beds and will report our finding to the owner as soon as possible. Page 6- Kace is attempting to remedy the dusting of dechlor material. The owners of this facility have been attempting to eliminate this discharge. They have made inquiries to the City of Gastonia to interconnect. However, at this time the funds are not available to make this happen. This is a very small community with a very limited budget. I understand this plant was deeded to the owners when a mill closed down and these people had no choice but to do the best they could with little or no knowledge and practically no monies available to operate the WWTP. Any help you may provide them in eliminating this discharge will be appreciated. Sincerely, Ken Deaver CC: Lawrence Hayes t:OV "� '' Michael F.Easley,Governor (� 7 William G.Ross Jr.,Secret '�°i North Carolina Department of Environment and Natural Resource IVY Coleen H.Sullins.Director Division of Water Quality • December 21, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 0710 0005 2882 0250 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,N.C. Tracking#:NOV-2007-PC-0839 Dear Mr. Hayes: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 11, 2007 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation(NOV)and Notice of Recommendation for Enforcement(NRE)due to the failure to maintain the permit-required documentation and the continued failures to provide the proper operation and maintenance in violation of the subject NPDES Permit and North Carolina General Statute(G.S.) 143-215.1, as detailed in the Record Keeping,Operations & Maintenance, Septic Tank,and Sand Filter(Low Rate) sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)per violation, per day, 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. It is requested that a written response be submitted to this Office by January 11,2008, addressing the above-noted violations in the attached report. In responding to the violations,please address your comments to the attention of Mrs. Marcia Allocco. Please be advised that the permittee is responsible for ensuring the facility is staffed with a properly designated ORC and Backup ORC. In addition,the permittee must ensure the ORC and Backup ORC are kept current in the Division's files. Please complete and mail the attached ORC Designation Form to the listed address and attach a copy to this response. ®, N"One o hCarolina NCDENR ,vatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper • Mr. Lawrence Hayes Page Two December 21, 2007 This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the continued violations of G.S. 143-215.1 and NPDES Permit No.NC0069175. If you have an explanation for the violations that you wish to present,please include it in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate,your explanation will be forwarded to the Director along with the enforcement package for his consideration. The report should be self-explanatory;however, should you have any questions concerning this report,please do not hesitate to contact Mrs. Allocco,Mr. Bell, or me at(704)663-1699. Sincerely, /2-1 6 4_ Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Ken Deaver,Kace Environmental,Inc. Gaston County Health Department United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 V 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 JI 2 L! 31 NC0069175 111 121 07/12/11 117 18U 19L 20J Remarks 211111IIIIIIIIIIIIIIIIIIII11111111IIIIIIIIIIIIII166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ---Reserved 671 1.5 169 ��70I 3 I 711211 N 72I I 73l 174 75I 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) 11:18 AM 07/12/11 05/10/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:00 PM 07/12/11 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Kenneth M Deaver/ORC/828-289-9380/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) mi Permit Flow Measurement a Operations&Maintenance •Records/Reports Self-Monitoring Program a Sludge Handling Disposal la Facility Site Review •Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell ti/,y1 MRO WQ//704-663-1699 Ext.231/ / /0 7 Sig ature of Management Q A Rev' wer Agency/Office/Phone and Fax Numbers Date Marcia locco MRO WQ//704-235-2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont. ) 1 3, NC0069175 I11 121 07/12/11 17 18'_' Section D: Summary of Finding/Comments(Attach additional sheetsof narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The following discrepancies were noted during the review of the facility's self-monitoring program: - No permittee signature page was attached to the January 07 DMR. -the incorrect compliance status was checked for the February 07 DMR (Noncompliant should have been checked). -the "<" symbol was not included on one effluent TRC value and two effluent fecal coliform values in July 07 and one effluent fecal coliform value in August 07. -the monthly averages were not calculated correctly on several occassions. - no written authorization has been submitted to DWQ by the permittee that delegates the authority to sign DMRs to the ORC. The permittee has not properly maintained all records required by the Permit including visitation/maintenance log books, DMRs, laboratory analyses, and chain of custody forms. The current ORC/operations firm (as of 7/12/07) is documenting the visitations and maintenance activities performed at the facility in a log that is kept on-site. Page# 2 Permit: NC0069175 Owner-Facility: Ridge Community WWfP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 ■ 0 Is the facility as described in the permit? • ❑ ❑ ❑ #Are there any special conditions for the permit? 0 0 • 0 Is access to the plant site restricted to the general public? • ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? U ❑ ❑ ❑ Comment: The facility has installed a tablet type dechlorination system to comply with a 17 ug/I effluent TRC limit effective 4/1/07; however, no application for an Authorization to Construct (ATC)was submitted and approved prior to the installation of this treatment unit as required by G.S. 143-215.1. Note: DWQ/MRO's previous compliance evaluation inspection performed on 1/4/07 discussed the the application process for the construction/installation of a dechlorination unit and the website address to obtain all relevant information (including ATC application and guidance). Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 • 0 0 Is all required information readily available, complete and current? 0 ■ 0 0 Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ■ 0 0 Are analytical results consistent with data reported on DMRs? • ❑ ❑ ❑ Is the chain-of-custody complete? • ❑ ❑ ❑ Dates,times and location of sampling • Name of individual performing the sampling ■ Results of analysis and calibration • Dates of analysis • Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? • ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 000111 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ ❑ Is the ORC visitation log available and current? U ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? • ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? U ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 0 • 0 Facility has copy of previous year's Annual Report on file for review? 0 0 0 • Page# 3 Permit: NC0069175 Owner-Facility: Ridge Community VVWTP Inspection Date: 12/11/2007 inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period October 06 through August 07. DWQ has never received the April 07, May 07, and June 07 DMRs. The facility failed to achieve the minimum dissolved oxygen permit limit in October 07 (1 violation), July 07 (2 violations), and August 07 (3 violations). A daily maximum effluent BOD violation was reported in February 07*. A daily maximum and monthly average effluent ammonia violations were reported in July 07. Note: *denotes violation was previously addressed by the issuance of an NOV. The remaining violations will also be separately addressed by the issuances of either NOVs or NOV/civil penalty assessments. See"Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 0 ■ 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 ■ 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 0 0 ■ 0 Comment: The current ORC/operations firm (as of 7/12/07) performs the on-site field analyses under the Kace Environmental, Inc.'s laboratory certification (#5424). The facility staff must ensure the calibration times are documented for the pH, dissolved oxygen, and TRC meters. The DWQ staff determined that the previous contract operations firm performed field analyses (following 2/5/07) without a valid laboratory certification as required by 15A NCAC 2H. 0804. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? 00 . 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 00110 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and sampling location)? ■ 0 0 0 Comment: The July 07 and August 07 DMRs reported the same upstream and downstream sampling times on several occassions. The facility staff must ensure all upstream and downstream times are accurately reported on future DMRs. Operations&Maintenance Yes No NA NE Page# 4 Permit: NC0069175 Owner-Facility: Ridge Community VVWTP Inspection Date: 12/11/2007 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 0 0 ■ 0 Judge, and other that are applicable? Comment: The facility was in poor condition and was not being properly operated and maintained (See following Sections). In addition, the facility was not visited by an appropriately certified ORC and/or Backup ORC for several months. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? 0 0 ■ 0 Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ■ ❑ ❑ ❑ Are high and low water alarms operating properly? ❑ ❑ ■ 0 Comment: The septic tank's concrete structure adjacent to the lid was severely deteriorated. These deteriorated sections were detached from the lid and have the potential to allow stormwater to flow into the septic tank. The ORC and staff have initiated sodium bicarbonate additions into the septic tank. Sand Filters (Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? 0 0 ■ 0 Is the distribution box level and watertight? 0 ■ 0 0 Is sand filter free of ponding? 0 ■ 0 0 Is the sand filter effluent re-circulated at a valid ratio? 0 0 • 0 #Is the sand filter surface free of algae or excessive vegetation? 0 ■ 0 0 #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 0 0 ■ 0 Comment: The on-line sandbed was dosing at the time of the inspection. The sandbed appeared to be in poor condition with excessive solids and vegetation being observed throughout the entire sandbed. The sand appeared dark brown "spent"due to the inadequate removal of solids and vegetation. Severe ponding on the sandbed was observed and leakages were observed at the junction of the distribution box and lateral distribution system. The sand had not been raked and the wastewater was not being evenly distributed throughout the sandbed. The off-line sandbed also appeared to be in poor condition with severe accumulations of solids and vegetation. These sandbeds are periodically alternated. Note: The poor condition of the sandbeds was cited in the previous compliance evaluation inspection performed by DWQ/MRO staff on 1/4/07. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 2 Page# 5 Permit: NC0069175 Owner-Facility: Ridge Community W.NTP Inspection Date: 12/11/2007 Inspection Type: Compliance Evaluation r Disinfection-Tablet Yes No NA NE 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? 0 0 0 • Comment: De-chlorination Yes No NA NE Type of system? Tablet Is the feed ratio proportional to chlorine amount(1 to 1)? 11000 Is storage appropriate for cylinders? 0 0 ■ 0 #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? 2 Comment: Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 ■ 0 Is flow meter calibrated annually? 00 . 0 Is the flow meter operational? 0 0 ■ 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: Instantaneous effluent flows are measured by the bucket and stop watch method. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ 0 Comment: The effluent appeared slightly turbid with no foam. The receiving stream contained a "dusting" of fine particulates from the tablet dechlorination unit. The facility staff must ensure the small particulates from the dechlorination unit are prevented from entering the receiving stream. Page# 6 • Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: Mailing Address: City: State: Zip: - Phone#: ( ) Signature: Date: Facility Name: Permit#: ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Facility Type&Grade: Type Grade Type Grade Biological WWTP Surface Irrigation N/A Physical/Chemical Land Application N/A Collection System Operator in Responsible Charge(ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G.0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) • Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh,NC 27699-1618 Fax:919/733-1338 (See next page for designation of additional back-up operators.Designation of more than one back-up operator is optional.) Revised 8-2007 • Additional Back-up ORC designations Facility Name: Permit#: Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back-Up Operator in Responsible Charge(BU ORC) Print Full Name: Certificate Type/Grade/Number: Work Phone#: ( ) Signature: Date: "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted.I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G.0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Revised 8-2007 Arcir NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley,Governor William G. Ross,Jr.,Secretary Mary Penny Thompson,General Counsel October 3,2007 Lawrence Hayes . t it � ,„„. F" Ridge Community Sewer Association ' ' Ridge Community WWTP rt 106 Ridge Circle • Gastonia,North Carolina r T ' 2007 28052 Subject:Receipt of Payment NC DENR MRO Case No:LR-2007-0019 DWG-surface Water Protection County: Gaston Penalty Investigative Cost Total Penalties Amount Paid $1000.00 $100.00 $1100.00 $1100.00 Lawrence Hayes: The purpose of this letter is to inform you that on October 3,2007,The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check 1760 in the amount of$1100.00. If you have any questions,please contact Linwood Cox at (919)715-2946. Sincerely fi7 ( r Linwood Cox Business Officer 40101011 Collections Department 1601 Mat Service Center Raleigh,North Carolina 27699-1601 One Phone(919)715-2946 FM(919) 715-3060 NO Carolina An Equal Opportunity/Affirmative Action Employer Aaturally .-f-- ----*--,--.----,',. .-r:---, - -'.7,, 7-- .'----,L.---•..--=-' ,--• • rr,-... , -,.at.W.-tr.41711...4"--.. .7A-igliiiraggi4*-ff,--ti-L-vunit-t-talca Ripa7. COMMUNITY SEWER . ,.,. ASSOCIATION 1760 I •t • • 3611 LITTLE MOLIATAIN RD. r * GASTONIA.NC 2ec54 0 06-112/531 i r.• le I si Q gl_/ . %.1. _.EIRArCH Se" - . PAY .• TO THE te v ORDER OF L„.. e..-T I.:rs'5 1)c Pr,-9 E Pr:6,..vi ke_(1114 0.Or 4-141Ftr'L -RE.,,:s; i.-a cv-i- I ''' I 4e Or4" : t 2 t if/ eve"0--ki)t4Of 4.2:D- Otl.i. A.A.s -Apia CX1 4) - DOLLARS lel V:.; .. 4. = v Z. 1 BB8gf II I MAO>BARKING MO TRUST=WARY ... r i- 14004ANK UST=Mom m 4i V A 4 1 121s,6.47torio.,„12•444744:a=krie AV 00000 L7600 10 3 /0 1 L 2 11:000 160 /0 9 58 5 to' p,-C-llat:/..' itigiVagiAlliliglealiadialwelaaltellatitilatanallidaiadligrAU4440141441044115.44.411“..*Stailio.nit.44.44eit...*if,r:t..1.'....4---FA*---,,r.-i•T•)i.•••--v....L.4 11:t*astiiied 10///e) 7 _.. • • • • . ENFORCEMENT PAYMENTS JOURNAL 10/08/07 Page:1 Payment Fee Type Check Number Case Number Received payor Account Cost Center Company Amount County NC Statute Number Enforcement Coats 31491 CV-2007-0001 10/08/2007 Faw C J 435400 18308301 1601 8517.00 143-215.1(a)(8) Civil Penalties 31491 CV-2007-0001 10/08/2007 Faw C J 435500028 18308301 1801 $4,000.00 143-215.1(a)(8) Enforcement Costs 1780 LR-2007-0019 10/08/2007 Ridge Community Sewer Association 435400 18308301 1801 $100.00 Gaston 143-215.1(a)(8) Civil Penalties 1780 LR-2007-0019 10/08/2007 Ridge Community SWAN Assoclation 435500028 18306301 1801 $1,000.00 Gaston 143-215.1(8)(8) Enforcement Costs 024914 LV-2007-0279 10/08/2007 Town of Pittsboro 435400 18308301 1801 $43.87 Chatham 143-215.1(a)(8) Civil Penalties 024914 LV-2007-0279 10/08/2007 Town of Plttsboro 435500028 18308301 1801 $1,750.00 Chatham 143-215.1(8)(8) Total Amount: $7,410.87 Grand Total Amount: $7,410.87 • r AVA NCDENR North Carolina Department of Environment and Natural Resources Michael F.Easley,Governor William G.Ross,Jr.,Secretary Mary Penny Thompson,General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C.28052 Subject:Receipt of Payment Case No:LV 2006-0440,LV-2006-0311 -V-2005-0471,LV-2005-0442, LV-2005-0410 County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919)715-2946. RECEIVED SEP 1 8 2007 Sincerely'6715 NC DENR MRO �� DWQ-Surface Water Protection Linwood Cox Business Officer Collections Departrnent 1601 Mail Service Center Raleigh,North Cardin 27699-1601 One Phone:(919)715.2946 FAX(919) 715-3060 _ N7&'uraII Carolina An Equal Opportunity/Affirmative Action Employer I . # •. t . _ AgX011011kiAriAASsiwtiliTBAni.4 amiia iiiiad,t: t.401.41•34iiiijiaidatiliiiiinairwMfidateaMktaiisaii.takixamlistaimwahaIiiiTaiAltSrilaILIMCSIOSkigZOMIZalatIE19:2015340111=-0="mumw g T. Y RIDGE COMMUNITY SEWER . ASSOCIATION P.i-F-- 1757 3611 UTTLE MOUNTAIN RD. GASTONIA NC 26054 F/sCey6 I g swot MX, PATE - /6••• 11-4.e I .$ i 4:6 PAY i. A TO.1 HE-. _ " . i...i ORDER OF( `",-• I-1.t''•:;37150 D Or Pa";E_fiiirf_ar..:v./riZ hi.r.nr ArtiTz..;_1-4:5:es..i.'.4.zE 2-_____ _ - - 1 -.2,- • g; /-,- tif/F-F-gi a 7 A,i,.0..ilti..4,_ZX_AL.dairtiti.a_loCrEET.: ilni.t.(jag 1-7 fi A - I 04? ----- DCLLARS . .4 BB&T ., .., . ,.. BRANCO+BAN•OKI MD:Ft/ST 4.44.1,PAY ';.• 141104ANK MT BIST.con t : t • , le FOR -tti2.-t_V-tci I a, •t.,4-42. fittli-A 334, L3i 1 h. ell • :4 z 00000 L 757e 1:053 LO L / 21400016010958514o II:4-z-Tylca- i '5.....--.k..„.....0 -...--............,,--4....„......----.,..,---,4.:,4-,....-,,..-.4-.E.--.: 7:-,§.: p---.-if:•z.-..,,,Trzam l tarA.WYL*7e.,ine!..,IM 4:7?',Alti,SVEMITAXI, il4FerrVarnil Mir, . . • pF A TF90 Michael F.Easley,Governor C' t_(� G William G.Ross Jr.,Secret rNorth Carolina Department of Environment and Natural Resources Q Alan W.Klimek,P.E.Director Division of Water Quality September 14, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 8285 Mr. Neal Stover, Owner Ridge Community Sewer Association 3611 Little Moutain Road Gastonia,NC 28054 SUBJECT: Notice of Violation and Assessment of Civil • Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0069175 Ridge Community Sewer Association WWTP Gaston County Case No. LV-2006-0356 Dear Mr. Stover: • This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,025.15 ($945.00 civil penalty+ $80.15 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data from May 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions, or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: � � Nam` Carolina NCDENR one Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwatcrnuality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 270.00 For 2 of the two (2)violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 337.50 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia nitrogen. $ 337.50 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOO. $ 945.00 TOTAL CIVIL PENALTY $ 80.15 Enforcement costs. $ 1,025.15 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty • Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources • 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex Gleam.n, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/attachments Central Files w/ attachments MA ATTACHMENT A CASE NO. LV-2006-0356 Pipe No. Parameter Reported Value Permit Limit 001 BOD *15.5 mg/1 7.5 mg/1 (Daily maximum) 001 BOD *22 mg/1 7.5 mg/1 (Daily maximum) 001 BOD *18.75 mg/1 5.0 mg/1 (Monthly average) 001 Ammonia nitrogen *8.36 mg/1 2.0 mg/1 (Monthly average) * Denotes civil penalty assessment • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY SEWER ASSN. ) STIPULATION OF FACTS PERMIT NO. NC0069175 ) FILE NO. LV-2006-0356 Having been assessed civil penalties totaling$1,025.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 14,2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0356 Assessed Party: Ridge Community Sewer Association County: Gaston Permit Number: NC0069175 Amount Assessed: $1,025.15 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) • • ArA NCDENR North Carolina Department of Environment and Natural Resources Michael F.Easley,Governor William G.Ross,Jr.,Secretary Mary Penny Thompson,General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C.28052 Subject:Receipt of Payment Case No:LV-2006-0440,LV-2006-0376,LV-2006-035 LV-2005-0442, LV-2005-0410 County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919) 715-2946. RECEIVED Sincerely, SEP 1 8 -m NC DENR MRO Linwood Cox Business Officer DWQ-Surface Water Protection Collections Department 1601 Mail Service Center Raleigh,North Carolina 27699-1601 One Phone:(919)715-2946 FAX(919) 715-3060 NO Carolina An Equal Opportunity/Affirmative Action Employer Aaturally • . . • • . f . • t RIDGE COMMUNITY SEWER •4 ASSOCIATION P:.1F--- 17 57 4 3611 UTILE MOUNTAIN RD. GASTONIA.NC 28054 ?fiO/O7 66-11P/531 • . ilteC14 MOO F. /6, :2-te 1 ,•% 3 ti PAY A TO 1HE _. ',",4 i ORDER OF ei, IA gLc.'"_1715,2::!_ IMPK,D_E Pr;411411 sC1.1: irast4r.ry 61/177.!__gi.5:cs:: :C.zir../ _ _ _2 ,.zatILL4.0.4;_a„a jacip_s„..t-_Awiiiitp_AfiLuzzi_thiw. iViirizza rua a Ai4-4› -----" DCLLARS W ' BB&T • i. MANCH BAN•0161 AND'MUST t:01.6.AM, 14004ANK POT IIST.con .1 lil ' 'Y . : e t • 'ft. FOR .411a.,tJo:A.V ..01 i a 64e4 o. LifYi-A 3L1. t31 Li et/4 I:0 5 3 /0 L L 2 il:000 L60 10951354o .-.. 100000 L 7 5 710 -.-•••••,..t t' --4 il:5"i4U;tr''''1°,-Fi-li -'` :V.`,‘",,,4M.'53:16t64(tr,IFtelL.W,mq,,,*li:'?,1,0.11r614M:1117,AP.M.•!:,rwrinsit:Irtaile.' • • • IkerAA OP-0145 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director December 13, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lawrence Hayes 7003 2260 0001 3492 7501 Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0471 Gaston County, NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $397.54 ($312.50 civil penalty+$85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by the Ridge Community Sewer Association for the month of August 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 One Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us North Carolliina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10% NaturallyPost Consumer Paper $ 312.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 312.50 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs $ 397.54 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: r Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter • being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB % Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No. NC0069175 Case Number LV-2005-0471 Limit Violations, August 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Ammonia Nitrogen 4.8 * 2.0 mg/L * denotes assessment of civil penalty. J , STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0471 Having been assessed civil penalties totaling $397.54 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 13,2005,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS • TELEPHONE . t JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0471 Assessed Party: Ridge Community Sewer Association Permit No. (if applicable): NC0069175 County: Gaston Amount Assessed: $397.54 Please use this form when requesting remission of this civil penalty. You must also complete the " Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: Efiluent NPDES Permit No.: NC0069175 Discharge(No 1 Month: .AUGUST Year: 2005 _ Facility Name: RIDGE COMMUNIT` Class: 1 County: GASTON `# , Operator in Responsible Charge: BYRON BU ELL Grade.WW 2 Phone 704-81 Certified Laboratory(1): WATER TECH LA (2) Change in ORC: No Person Collecting Samples: BYRON B CHELL • Mail Original and One Copy to: X y J ,� /‘4 Attn:Central Files (Sign ureVror in Responsible harge) Div.Of Water Quality By this signature,I certify that this report is 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 • 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 To v Y 0 C O A U8 = b th 7 W 2 N C N C tl ` Va i v Is a 8� O w� g. 1. . U > .'a o n E o 2 > 15 o a N $8 p u Z ~re$ F O to 6ocN Er o w a 8 Lo0 O o u_ 1- r HRS HRS Y/N MGD C S.U. UG/L MG/L MG/L MG/L_/100ML MG/L MG/L MGIL MGIL ML/L 1 0730 0.25 Y 24.0 <.01 2 1030 0.25 Y 0.0040 24.0 3 1030 0.5 Y 24.0 6.7 <.01 4.4 9.1 14.5 65 6.1 4 0830 0.25 Y 25.0 5 0830 0.25 Y 26.0 6 N 7 N 8 0800 0.25 Y 26.0 <.01 9 0800 0.25 Y 25.0 10 0830 0.5 Y 0.0040 25.0 6.7 <.01 6.4 11 0830 0.25 Y 25.0 s' '• ', 12 0830 0.25 Y 26.0 ��+� 13 N fie 14 N 7Cy, 15 0830 0.25 Y 262.0 <.01 16 0830 0.5 Y 26.0 '= a«' 17 0900 0.5 Y 0.0080 26.0 6.6 <.01 2.0 0.5 2.0 1 6.0 18 0830 0.25 Y 27.0 4i . 19 0830 0.25 Y 27.0 20 N 21 N 22 0830 0.25 Y 26.0 <.01 23 0830 0.5 Y 0.0060 25.0 . 24 0830 0.5 Y 24.0 6.6 <.01 6.0 25 0835 0.25 Y 24.0 26 0830 0.25 Y 23.0 ' 27 N - - 28 N 29 0830 0.5 Y 23.0 <.01 30 0835 0.25 Y 23.0 31 0800 0.25 Y 23.0 r AVERAGE 35.2 _#DIV/01 3.2 4.1) 8.3 8 6.1 MAXIMUM 0.0080 262.0 6.7 0 4.4 9.1 14.5 65 6.4 MINIMUM 0.0040 23.0 6.6 0 2.0 0.5 2.0 1 6.0 Comp.(C)IGrab(G) Monthly limit 0.0100 5.0 2.0 30.0 200 >6 Daily Maximum 7.5 10.0 45.0 400 • t ••-.,,:O 1ldt.!1.s i t'lease check one t!t t e toll„wliii.' \ .,:i ;;,,:;i:t. llri., ,t,tL1 ,iiiJ Numplitig Il CtiuCn•ics Mein I tc[rini reti111rt; ieni\ ( iUitphant \It r,l ' i , ;;;; ; ,t,l(.l ,i!;ti .altiplul) to ut:n�les du NOT -- V tl meet pet nut requirements `,'i,tt t,ph;int t! the ratl)ti) I. Ilt,i ht ILI>fI,P!I, ',i . ,'t`c:.e,ili[Itt-'(i( i;il 0)1Te-'t.lvt_ aCtItirt.l being taken in respect hi and a time-table it,i tutpro%eirlt't)ts to he toddy. lCcli!;iai '!:(. . 1pt•r,111t'fl. 1)l,nntl'tl.U)ie. Cll.. — /fir/--,i :— 'I ...- /14 /..0"fror—te) ,te; Se_.,....•A �ertliy. under penalty a law., __.__._._____ t that this document and all attachmeitts were prepared under my direction or supervision NO d system drslpncd to ,,s.urt: tlrlt qualified pt:ruinnt;l uu erf l cr+l.rnn !n :rrt )rtngitr a the per.on or persons who itianape the system. or those personsdirectly responsible able for gatheringTctht tlulttniaiili ithdn on ilj'lliltlt!f�.uhniittcd is, to the best of my knowledge and belief. true_. accurate,and complete- I ant aware that Were are significant penahrea f;,r uhittitting fate: in{ormatinn, including the possibility of tines and imprisonment for knowing Violations." c nit rnia!k)1i -W6 17CN? ?1-1/ Cf/�L[y Permit('ee (Please print or type) • __.... ..-., ........ .9.....ZZL.te.-41.. / Si 9/Aile;fr. ' 0 /Off- - �/ride gnat(Required)e of ermittce** Date to /� (4 72)•,(2/y� /!t_ •,, , 5..3' / ,ff lfTrltilee Address ... ............................ .• .L�-.�_.__,,..u�,. __ Phone Number �' 3xp - 1 • Prrnitt Exp. Date PA RANIETER CODES )01I) Temperature iN)5S4i (hl & Cite:Ise (X►95 t Total Fluoride M)7(i Turbidity (xk,(}() Total Nitrogen t}l(lt)'� Total Arsenic if1077 Silverisgel x1Kt1 Color t11U7e >(N)('t) i'nt,tl tl't-Cot (X)hIt) Ammonia Nitrogen x)X2 Color (Al)Att1 (XIh25 t)IOy� Residual Total Kjcldhal 01027 Cadmitlrl, Zinc C'hlurinc Nitrogen ttlJ(15 Aluminum XN)j C'urltlut:(Ic1t1' (N►r;t) NI;rt 13(N) tuetiNitttit. 01032 Hcxavalent Chromium It) 117 Dissolved Oxygen i i�tal tit !iuultll ;ISM)1310 DBOD,issolved (i11)�1.1 Chn.nmiurtt ! ortna,tiehytie (N)hhi Total t'htt;phorous ;I7lh Fecal C'ohtorm 71900 Mercury t?1t) COI) Ix)7�t1 t'jatlr,} • 127110 'Total Phinoli . 155 LW() sti t t)i037 Total t'uhait ,, i \}ierlc f (N)745 "Dotal Sulfide 01042 Copper i-1 81 Toluene 530 Told! •ilspentted 1x)927 1'itlal Magnesium t)It):15 Iron ;k1Rl Toluint ilesithte (x)V?�s rota, Sc'.iitlrt) t)I()51tlt:b() i113:35 '► Settleable Matter Ixil.ttl Lead i95Hi PCBs total C'llloride 0I0(12 Molybdenum 5005O h'luw. "alurtta Code a.ccimLrncc: r,l,tt i,h(;trreal by �:,t)lltt, the Point Source tttetei t)ode a .tit:c:lii, r i 1 , t trrc Com i t r. , tt r .it .)..•,: t. ,,• J)I <Ilia UnitrS 41; 111 t.'1it{ at {`)):,! ;7;a W c}s and linking to ale tit ` ._._. I.;ni('s int[)rrna(npn ' only ilnti)tic.l)'n:rritl rn On. rcili'tit:i.( r:wail!) .1 ilii intt for reporttitg data .. RC tnirm vi.\it tat.ilit‘ and tlot'lirri:'lir Vistt.ltii,lt i,t tactility as required per )�; t ti \ N('AC)it i 0)()-1 _ '}} ft !,L -'it't it!.,:! Th.:lit;liilr::'♦ ,'t Ci{Jta, ,.[ ♦, C.,w) ..3 1, !t'.de t'1i 11.nr1 ;cutt•rtnirt' nliNI hP ,al lit*: a cflA th,,. .,. 14 r''+t)r. • Permit 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 Type Sample Location1 Average Maximum Frequency - Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(20°C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1 —October 31) BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen2 Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(°C) Daily Grab Effluent • Temperature(°C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream= at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. 4V4 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley,Governor William G. Ross,Jr.,Secretary Mary Penny Thompson, General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C. 28052 Subject: Receipt of Payment Case No: LV-2006-0440,LV-2006-0376,LV-2006-0356,LV-2005-047 LV-2005-0410 County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919) 715-2946. RECEIVED SEP 1 8 ZOO? Sincerely, NC DENR MRO WQ-Surface Water Protection Linwood Cox D Business Officer Collections Department 1601 Mail Service Center Raleigh,North Carolina 27699-1601 One Phone:(919)715-2946 FAX:(919) 715-3060 No hCarolina An Equal Opportunity/Affirmative Action Employer Aaturallff r , , . .. __ . - ;- - , rx.r..erawtrsmn�+t.a..:.-+.-a r: �..:w- Y-= ' '- �nt nt"r��•+aK��'�-�.:+�: -�r:�e� .7.xrra! �;+^�•v7t:•• iq;r✓nLLWrPLY ir*•s{LUNYci�t.i4'�1Ltltiu�.�aiV{l.'YStC" 1 •flYn ���•fis<�• _ .tutYai(�uL�1�11:t1�W. I. I RIDGE COMMUNITY SEWER ASSOCIATION J-.`, 1757 3611 LITTLE MOUNTAIN RD. GASTONIA.NC 28054 Q`/►11 V Bb 11 PM . PATE Y. /O- .cc '7 • PAY - TOIH- eN cjf -s ORDER OF( L L r'4 a I C�9. DgeK.-at'Pr.L atar<:r 1��NT.4' 'lira 4-:tc ts:.�: -i-—-- - - - - ->-^4%.f v'e IT,' /)� �*.o 4;,,O..Ac:j1 tk.:lax�d •r?w7 ___ iitE�F: Ai,uat2x /-7ri.1 r/rrU — DOLLARS * .. h . BB • BRANCH BANd:v6 AND MUST(O 'AAT 1.$O0.BANK GOT BBT.eon 0 f F2 FORsSe-.nLz:Lv•CYI: L.04.3.r;.rf.7,., 1 6,tPa,/CNf 40 Y.�c�c�.,...erimr.-sk.-ea.44. wEr.- . GL. FLK4.,,a~e_... _. ._.. ... '� II'000017 5 7fl' 1:0 5310 i 1 2 11:000 160 109 58 S I,0 flux.-.? • , •; -- ! ...:.t.:-,s a:..,-aa_., .....rw a:-.:._._...-a -.. _<"-s-.. . _:. .�--ut...�....;�x Y'_..• ��,..----' - - •�=a..;s:�: - -: .1,7'Tr'> _.:::.:_'.q5.7",,.iP!e._"*..R'S'Sr a far,:+pCa'7!^,te:n.ary'?b-�:e:x.1.'b7E.'Z .�c3Rift1-f-tit1ilEML-rMSaL# AT:71 1)64. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director November 17, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 7327 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia, NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0442 Gaston County, NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.04 ($350.00 civil penalty+ $85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Ridge Community Sewer Association for the month of July 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 One Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally $ 250.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. $ 100.00 For . 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ 350.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 435.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money sa'ed by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. • • r • In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: • If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. I. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex eason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB 1 Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No. NC0069175 Case Number LV-2005-0442 Limit Violations,June 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 6.3 * 5.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 10.5 * 7.5 mg/L * denotes assessment of civil penalty. .1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0442 Having been assessed civil penalties totaling $435.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 17, 2005,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0442 Assessed Party: Ridge Community Sewer Association Permit No. (if applicable): NC0069175 County: Gaston Amount Assessed: $435.04 Please use this form when requesting remission of this civil penalty. You must also complete the " Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: ' ) ._ u Effluen NPDES Permit No.: NC0069175 Discharge No.: 1 Month:JULY Year: 2005 i . ... Facility Name RIDGE COM SEWEI / Class: 1 County: GASTON Operator in Responsible Charge: BYRON B HELL Grade.WW2 Phone: 704-867-0753 Certified Laboratory(1): WATER TEI4H LABS (2) Change in ORC: No Person Collecting Samples: BYRON BURCHELL Mail Original and One Copy to: X Attn:Central Files (Signet r f Operator in Responsible Charge) Div.Of Water Quality By this signature, I certify that this report is 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 To 2 E .2 c • c € U oU Qrn Oc W ce yey = a 'c 2 o o� av o o, 13a i2 c a my O N O 0 0 Q F 4' U m Q Z V Q l"'Z H a N F HRS HRS YIN MGD C S.U. UG/L MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L ML/L . 1 0830 0.5 Y 23.0 2 N 3 N ,(. -?tl=,;:, 4 N . ._•o ` as:.wl r. .a& 5 0830 0.5 Y 0.0040 23.0 6.7 <.01 iikik-ifikS t : + r•Ii, " 6 0830 0.5 Y 24.0 <.01 10.5 i 1.8 29.0 75 6.2 z 7 7 0830 0.5 Y 25.0 -°' it x.:. •';.' 8 0830 0.5 Y ._ 25.0 ,.;? 9 N 10 N OCT l 8 200 .. . 11 0830 0.5 Y 0.0060 25.0 <.01 " 3 12 0830 0.5 Y 24.0 .. 13 0830 0.5 Y 24.0 6.6 <.01 6.4 ,,^C 14 0830 0.5 Y 25 0 15 0830 0.5 Y 25.0 18 0830 0.5 Y 0.0060 26.0 <.01 19 0830 0.5 Y 27.0 20 0815 0.5 Y 27.0 6.7 <.01 2.0 0.5 2.0 132 62 21 0800 0.5 Y 28.0 22 0800 0.5 Y 28.0 • 23 N 24 N 25 0800 0.5 Y 0.0070 28.0 <.01 26 0800 _ 0.5 Y 28.0 moo 00 0.6 Y - 28.0 28 0800 0.5 Y 27.0 <.01 6.2 29 0800 0.5 Y 27.0 6.8 30 N 31 N AVERAGE 25.9 0 Is, 6 3) 1.2 15.5 99 6.3 MAXIMUM 0.0070 28.0 6.8 0 10.5 1.8 29.0 132 6.4 MINIMUM 0.0040 23.0 6.6 0 2.0 0.5 2.0 75 6.2 Comp.(C)/Grab(G) Monthly limit 0.0100 <.01 5.0 2.0 30.0 200 >6 Daily Maximum 7.5 45.0 400 Futility Status: (Please check one of the following) All imiatiori tit,data and sampling iteeluenctes meet permit requirements r2 (lirnpli<utt AU illonitornl_, data and sampling frequencies do NOT meet permit requirements • tiontanripliant t the facility is n1+110,111pIlaill, pied se Cotlimem. on Corrective actions being taken in respect to equipment, i!peratiel11, maintenance, etc.. end a ante-table for ini}irtiveme is to he made. I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance vitl} a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on rtty inquiry 4 the person or persons who manage the system, or those persons directly responsible for gathering the information, the information ubmiued is, to the best of my knowledge and belief, true, accurate, and Complete. I am aware that there are significant penalties for ubmitting false information, including the possibility of tines and imprisonment for knowing violations." ?C`I.ti i&c We GL Permit .e (Please print or type) �% /J��- 1 r`'G�r� Signa a of ermittee** e (Required) I. ate 1 ._ . _ 1 • --------._.---- ` �>✓,s---G?.53 S- -__ 3/ �"_ ermittee Address --_-___..._..-._... , Phone Number Permit Exp, Date. PA KAMETE R CODES )010 Temperature 00550 Oil &Grease 00951 Total Fluoride 01067 Nickel 50060 Total X76 Turbidity 00600 Total Nitrogen {)1(x)2 Total Arsenic 01077 Silver - 3080 Color(Pt-Co) 00610 Ammonia Nitrogen c2 Ch.lorine )082 Color(ADM!) txk525 Total Kjcidhal 01027 Cadmium 01105 Zinc Chlorine frt if.}S ,4tlFIIllntlill Nitrogen )095 Conductivity 0061) Nitrates/Nitrites 01032 Hexavaient Chromium tit 147 Total Selenium 7ih80 )300 Dissolved Oxygen 01034 Chromium Formaldehyde )31t? E3()U. iltil6 Fecal Coition)) 719t1t) Mercury 00665 'Fatal Phosphorous(x)7-20 )34t) con 32730• "Totallhentilti. }551 ?Cyiene Cyanide 01037 Total Cobalt )`I()E) pH 00745 'filial Sul tide 0I042 Copper 3423534481 Toiucn )530 Total Suspended 04)927 Total Magnesium 01045 iron p 26Toluene Residue (x)tr29 Total Sodium 01051 Lead 39. 16 MBAS )545 Settleable Matter tl()94() i'ot.il Chloride 01062 Molybdenuin 5 50050 now I')ow irar:it:ter Cote:assistance may obtained by calling the Point Source Compliancc/Entiirceruent Unit at e Water t)uality Section's web site at l ?P,cut;_stille.,nc;,ingw and linking to the Unit's information pa'�l e}i 7.i t- t)K;ut by visiting ___._ fie:only units designated rn the reportin i tactiity's permit for reporting data. )RC roust visit facility and document visitation of facility as required per 15A NCAC KG .0204. J l .�7 ? ilCk knt:t .r + i.. ' I by �ittivr than the i?er iiltltee. t)Ctcealit-,n or signattir�' aiImh trry in ioi hip ein ii1e ii irh ,i;i, t Is N' ^ :1r, . Permit 1 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 Type Sample Location1 Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(20°C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1 -October 31) Effluent BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab (November 1 -March 31) Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab mg /L as N 2.0 m L 2/Month Grab Effluent (April 1 -October 31) Effluent NH3 as N 4.0 mg/L 2/Month Grab (November 1 -March 31) Effluent, Dissolved Oxygen2 • Weekly Grab Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Effluent Total Residual Chlorine 2/Week Grab Daily(°C) Grab Effluent ' Temperature(°C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream =at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. l I Arpis NCDENR North Carolina Department of Environment and Natural Resources Michael F.Easley,Governor William G.Ross,Jr.,Secretay Mary Penny Thompson,General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C.28052 Subject:Receipt of Payment Case No:LV-2006-0440,LV-2006-0376,LV-2006-0356,LV-2005-0471,LV-2005-0442, County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919) 715-2946. RECEIVED c.P 1 8 2001 Sincerely, NC DENR MRO Linwood cox DWO-Surface Water Protection Business Officer Collections Department 1601 Mail Service Center Raleigh,North Carolina 27699-1601 One Phone:(919)715.2946 FAX:(919) 715-3060 NO Carolina An Equal Opportunity/Affirma i e Action E plover aturally L.h�j //QQS l r . , .. • _ . • • aiR4i¢+awi.arit.ds.aiuii. a1.n.y arzzx.c..nmtimizirsna..:, as... - •, .. --. . .+r..7 n.' -- .•r -74—esfr-ftra« i 1 RIDGE COMMUNITY SEWER • 1757 ASSOCIATION �,,1/� 3611 LITTLE MOUNTAIN RD. i o- GASTONIA,NC 25054 - f► 'f ee i+aisn k f` 1O 6 r auvweeao� f /`Q4TE Y. to, ,te •7 i 5t PAY e is TO'I HE • c ! ORDER OFU=L'cE�co-�c.i DEI:!. _=D.C2CErrtiiBn:rFraShir.re At�1,..'_�cirs .�:1: .--- - - - - ' .1.4/31,,;" i 7 Z to•;i 4 a•aria T rk.elaTiaJ•,1,d7 x:rr,R iitrrF: i6ezx r0r+a e% ----• DCI.L&RS 8 • Ji.. BMX ? I i • " .....,10.$*N 1 1UST4ObhAM, i 1.N0.�AMK PT t6T.ewa J. 1 • , FOR tR1g.hk:A.v fy,a ci-42 .efrt-A 1_s6 D37is4N4F K7 _1-5chnn'-!- . '?-we....G' ►V. _.._..._. ..._".' ai II'OOOO L 7 5 7 •?►^:a Z.:-: A fir..,-- —A0,-_--,-F..a✓a,.+..yr.:...-r•------.vew,-.:---..as:>_ne_..L'ec:4-3i::.._':,--1.�.-lr•:-..c-Ln,.:sc ?im!? R:e* tot?7". 7!°:'ux:`ro?iri•a mmerlanswawne,-ornr xunAt; 41174 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director October 14,2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 7076 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0410 Gaston County,NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.04 ($350.00 civil penalty+$85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by the Ridge Community Sewer Association for the month of June 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 One Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us NorthCarohna An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. $ 100.00 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ 350.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 435.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment,and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. • Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. 4 - %4- zo vs J /? � (Date) D. Rex G Cason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB • Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No.NC0069175 Case Number LV-2005-0410 Limit Violations,June 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 6.2 * 5.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 9.5 * 7.5 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0410 Having been assessed civil penalties totaling$435.04 for violation(s)as set forth in the assessment document of the Division of Water Quality dated October 14,2005,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0410 Assessed Party: Ridge Community Sewer Association Permit No. (if applicable): NC0069175 County: Gaston Amount Assessed: $435.04 Please use this form when requesting remission of this civil penalty. You must also complete the " 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 (Le., 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 jayment 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: Effluent B NPDES Permit No.: NC0069175 Dischar a No 1 onth:June Year: 2005 Facility Name: RIDGE COM. SEWS Class: 2 County: GASTON Operator in Responsible Charge: BYRON U CHELL Grade WW2 Phone: 704-813-6881 Certified Laboratory(1): WATER TECH S (2) Change in ORC: No Person Collecting Samples: BYRON BURCHELL - Mail Original and One Copy to: X / e--te.'•Q' ` Attn: Central Files (Signa repo perator in Responsible Charge) • Div. Of Water Quality By this signature, I certify that this report is r 4 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 50050 00010 00400 50060 00310 00610 005310 31616 00300 00600 00665 00556 00545 To GA E z c d € _ Q ° 1.7. 2 c m 3 2 UN H1IH p W � o = c o a a - 8 U; O u O (3- O LL ~ w. 0 HRS HR Y/N MGD C S.U. UG/L MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L ML/L 1 0800 0.5 y `:0.0040. :'19.0 2 0830 0.5 Y 19.0 6.7 <.01 2.9 <.5 3.3 71 6.1 3 0900 .'0.5 Y 19.0 4 N 5 N 6 0900 0.5 Y 0.0050 19.0 <.01 7 0900' 0.5 Y 20.0hri . 8 0900 0.5 Y 20.0 - „ 'vel 9 0900 0.5 Y 20.0 6.7, <.01 62 10 0900 0.5 Y 22.0 . 11 ,. N 12 N 13 i `0800 0.5 Y 0.0050 ''23.0 <.1 14 0800 0.5 Y _ 21.0 15 0800' 0.5 Y 21:0 16 0730 0.5 Y _ 21.0 6.8 <.01 49.5 2.5 28.0 37 6.8 37 0845 0.5 Y 22.0 18 19 N 20 0845 0.5 Y ' 0.0060 22.0 <.01 21 0845 =:0.5 .. Y 22.0 22 0730 0.5 Y 23.0 6.8 <.01 6.2 23 0845 0.5 :Y 23.0 24 0845 0.5 Y 24.0 _ 25 N . 26 N 27 0845 0.5 Y 0.0060 24.0 <101 28 0845 0.5 Y 24.0 29 . 0845: 0.5 Y 25.0 6.8 : : c.01 ,c:5: .2 30 0800 0.5 Y _ 25.0 31 AVERAGE 0.0052 21.7 MN#DIV/O! 6.2,1 0.8 16.0 51 _ 6.3 #DIV/0! #DIV/O! MAXIMUM 0.0060 25.0 6.8 0 9.5 2.5 i 28.0 71 6.8 0.0 0.0 0.0 MINIMUM 0.0040 19.0 6.7 0 2.9 <.5 3.7 37 6.1 0.0 0.0 0.0 Comp.(C)/Grab(G) Monthly limit 0.0100 5.0 2.0 30.0 200 >6 0.0 Daily Maximum 7.5 45.0 400 0.0 1-,IL111l% tii.ttt.h: (Please check one of the following) ANtnuriiiuring data and sampling Itequencics meet pernut teelutreluCnt., - C'titrtpUrint • \Il iuultitorUIg data and sampling frequencies do NOT meet permit requirements 1112J'loniimiattt Ii the facility ►s 'link tpllipItJllt, please comment on corrective actions being taken in respect to cowmen!. pelaittlli, maintenance. etc.• and a t►nie-tahle fur improvements to he made. ,‘,.,,, 4.1( 6 • "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 qualilied personnel pe ro rl} gather and evaluate the infornation aulndttcd. Based on no/inquiry P of the person or persons who manage the system,or those persons directly responsible for gathering the inlorniaticon• the information submitted is, to the best of my knowledge and belief. true, accurate,and complete. I am aware that there arc \igniticant penalties for submitting false information, including the possibility of fines ante " d imprisonment for knowing violations.'" Permit e (Please print or type) - f . L` 2. t��,-'� Signs a of ermittee** ---. c �dJ� (Required) >aw Permittee Address p 3�A1- Phone Number Permit Exp.Date PARAMETER CODES !XX)10 Temperature 0)556 Oil &Grease (X)95 t Total Fluoride Nickel U0076 Turbidity (X)600 Total Nitrogen 01002 Total Arsenic 010670 '(xx't) Total e )X)8t) Color(Pt-Cu) ()6t0 Ammonia Nitrogen 1)1077 Silver Residual :XX)$2 Color(AIU1�111 t1Ofi25 Total Kjcldha) 01027 Cadmium 01092 Zinc Chlorine t)t tUS Afununuru Nitrogen XX)95 Conductivity 0(..)0;0 Nitrates/Nitrite< 01032 Hexavalent Chromium 011-17 Total Selenium 71 , i► )0300 .BOD5issulvcd Oxygenti� Formaldehyde DiSS U1034 Chromiumi1h16 Fecal Colifunri 719tx) Mercury tM)hf,5 Total Phosphorous )0340 COD , 32735 Total Phenolics 81551 Xylene tX)7_i) Cyanide (11037 Total Cobalt 104(X) pH 0X)745 Total Sulfide 3235 Toluene Ultk1� Copper 34481 Toluene X)530 Total Suspended (X)927 Total Magnesium 01045 Iron MBAS Total Residue 00929 Total Sodium 01051 Lead39516 PCBs �(1?-)5 Settleable Matterix►9t(1 3�)5t, Chloride 01062 'Molybdenum PCBs StX)51) Flow 'arameter C'ixk:assistance may obtained by calling. the Point Source Cornpliance/Enti►re:eruent Unit at t919) 733.50x{ to hy. visiting 'le Water Quality Section's web site at h-o.c_nr-etaltc.ni;.us/wos and linking to the Unit's iniornialion pages. -------- ).e only units designated in the ieporting facility's permit !or reporting data. — ORC must visit facility and document visitation of facility as required per 15A NCAC KG .02( . It Me et! by ulhrr th.tn the pc:mit:tee.tiCicutittori of si?n►ittrY atithtirtry niilif hi..r;n•Iiit. ii:iftS rht• ti.,.,:,.,._ •t K It ....t• - 1.1: �� Jeri .15✓tr• L • Permit A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration,the Perrnittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permitter as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly ;Daily Measurement Sample Type Sample Location.] Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(202C) 5.0 mg/L s 7.5 mg/L 2/Month Grab Effluent (April 1—October 31) BOD,5-day(202C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1—March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) • NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(2C) Daily Grab Effluent Temperature(2C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream= at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. AVA NCDE R North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross,Jr.,Secretary Mary Penny Thompson, General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C. 28052 Subject: Receipt of Payment Case NoS0161 LV-2006-0376,LV-2006-0356, LV-2005-0471,LV-2005-0442, LV-2005-0410 County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality, received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919) 715-2946. RECEIVED SEP 1 8 2007 Sincerely, NC DENR MRO ,���; DWQ-Surface Water Protection Linwood Cox Business Officer Collections Department 1601 Mail Service Center Raleigh,North Carolina 27699-1601 One Phone:(919)715-2946 FAX:(919) 715-3060 NprthCarolina An Equal Opportunity/Affirmaattijie Action E ployer aturil�iI � Cess , r pl,WM41064WMaamie-riitiTainr.:*ase;ii.iittiditt,Mivflifiki4irl‘fitlead3686Ifiron,"41-3'..:,-.clez460..:Vi"... SEDIAL225rn'LLGOakialalE1101Clullanst.rate — RIDGE COMMUNITY SEWER • • ASSOCIATION .Plir 1757 4 3611 LITTLE MOUNTAIN RD. GASTONIA,NC 28054 i ?fie 4)1 66-1 1PP5.91 • 1 i QATE tr. 10- 'Ire 1 BRANCH 50309 .:5 • PAY 4 TO.1 Hh -,,••••• ORDER OF Ct.L L tlICLT.LC2:2 .. Dgi.Y,1.-.D.e PrL.E_fial.aa: kr..? Afillts .;:a kr_i_.___ _ - - _. - ,..., „.... II?. ti....:Javte a•-Rod ix-rye 1 tie%Fr: nett:riDs4 t1(.14 i 4-7-' ' DCLLARS W li..--.•'- .... • , BB&T . ,t, INIANCV 111ANANOKAW5LIAT(..'01.TA AY 111 ‘ I •FOR e P 5 g-/Joj LV 1-11:, 6404. litili-A 4.;C. till., it.1 o ... s • 0000 I 7 5?iis 1:0 5 3 LOLL 2 L1:000 /60 LO 9 58 5 40 i *...,.A. — . , ....-,.... ^-•-•.-'-..IAr.",.:..i.f.i".r ...:4,-,!---'`'...... ...',...1.-a..'" :.V..,.n.rgFT.T.AlrEk I i'7'5n.: *. tie!".°5,-,in""IiirWT..n,71,.0.4.0...WZOMIUMPlitir.,4 . ' • , • cft ATFR Michael F.Easley,Governor O G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality November 9, 2006 CERTIFIED MAIL 7003 2260 0001 3494 8759 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia, NC 28052 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Gaston County Case No. LV-2006-0440 Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $552.65 ($472.50 civil penalty+$80.15 enforcement costs) against Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data from July 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Ridge Community Sewer Association violated the terms, conditions, or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Samar Bou-Ghazale, Acting Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Ridge Community Sewer Association: ANYonithCarotina NCDENR Jvaturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper $ 135.00 For 1 of the one(1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 0.00 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia-nitrogen. $ 337.50 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175,by discharging waste into the waters of the State in violation of the permit monthly average effluent • limit for BOD. $ 472.50 TOTAL CIVIL PENALTY $ 80.15 Enforcement costs. $ - 552.65 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; • (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: • Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: • Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water • Quality Section staff of the Mooresville Regional Office at 704/663-1699. ///O7//‘ (Date) Samar Bou- azale Surface Water Protection Acting Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments MA ATTACHMENT A CASE NO. LV-2006-0440 Outfall Parameter Reported Value Permit Limit 001 BOD 14.5 mg/1 * 7.5 mg/1 (Daily maximum) 001 Ammonia-nitrogen 2.26 mg/1 2.0 mg/1 (Monthly average) 001 BOD 7.25 mg/1 * 5.0 mg/1 (Monthly average) * Denotes civil penalty assessment • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY SEWER ASSN. ) STIPULATION OF FACTS PERMIT NO. NC0069175 ) FILE NO. LV-2006-0440 Having been assessed civil penalties totaling$552.65 for violation(s)as set forth in the assessment document of the Division of Water Quality dated November 9,2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0440 Assessed Party: Ridge Community Sewer Association County: Gaston Permit Number: NC0069175 Amount Assessed: $552.65 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 anyprevious violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) ATI& NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross,Jr.,Secretary Mary Penny Thompson,General Counsel September 11,2007 Lawrence Hayes Ridge Community Sewer Association Ridge Community WWTP 106 Ridge Circle Gastonia,N.C.28052 Subject: Receipt of Payment Case No: LV-2006-0440,LV-2006-03 LV-2006-03 56,LV-2005-0471,LV-2005-0442, LV-2005-04 10 County: Gaston Lawrence Hayes: The purpose of this letter is to inform you that on August 20,2007 The North Carolina Department of Environment and Natural Resources,the Division of Water Quality,received your payment in full for check number 1757 in the amount of$3263.07. If you have any questions,please contact Linwood Cox at(919) 715-2946. RECEIVED SEP 1 8 2007 Sincerely, NC DENR MRO DWO-Surface Water Protection ,(2121,./Plkc Linwood Cox Business Officer Collections Department 1601 Mail Service Center Raleigh,North Carolina 27699-1601 One Phone:(919)715-2946 FAX:(919) 715-3060 NO Carolina An Equal Opportunity/Affirmative Action Employer Aaturallff 1 Pr • �e-.F.._z.-4 _ .: ci-..r.atM3a+M- IDj rk..:.',V.N L�lgia ezz,:zomT.lrat-le3taauci:izramizazisL7�W1i:,e:.�n.�rr�-c r.;:n.sn., �",'�-'11fii6T•� t utsirnrLtais<:+llt�r4rCl.�1:dia a¢.isyu� T. 'i RIDGE COMMUNITY SEWER ASSOCIATION 1,', 1757 3611 UTTLE MOUNTAIN RD. GASTONIA.NC 28054 ?fie.yo 6.11P/531Y (, CQATE F. 16 t t .7'�f eoRuucweeaa ti A PAY { r TO1HL tr b Vic. . ! . . — — - - — s 3/may`- ORDER OF(�" '= c_ D�J:�:-=.� fir,:�r�J) �:.r..:.vT--r_Ahi-.'_t i ci:.�:�`-——— >-�� e•e c, 7 ��r -ltr �a-.�.a�� ?.� tk..1, iEa••—.-• r- —.Ei +1ciifyt.1x f 1.4a, _/cz A^'---- DC�LARS 8i x i ���T BB& • BRANCH BANG NO:POST G•O1,TAIY T axso4ANC Bet BBT.con w y • i t 1 " FORsnsa-, Lv-rya.> c44z ,,cfr;.A33C, trrticti40 a ..r. , >,►, -t., - .,_�. .:c����_....._._.. ..._.. 10000OL757U' C:O531OL12LI:000 /60LO958540 F.�x-Tr! u.,,:: A ai;aa.-,,.....,,4,r-:......1...,-,T,r-....,ru._-_l.,........-.s_---.,,- ._..._..a:•-s.,:v=',- ::-:»:..__:;•vr -_.-.,.::::.:_::=?a'_.> _• t-Ei cs`:7.Y4.1.pn.ran_°2rii.:sv20.4:'.F3 a :e:LCIr.. r,.tr nIT.R4K, �QF W ATFi9O Michael F.Easley,Governbrt` i)4q 4j 6 William G.Ross Jr.,Secretary �►T r North Carolina Department of Environment and Natural Resources ��"� Alan W.Klimek,P.E.Director Division of Water Quality October 3, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 8421 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia, NC 28052 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Gaston County Case No. LV-2006-0376 Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $417.65 ($337.50 civil penalty+$80.15 enforcement costs) against Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data from June 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Ridge Community Sewer Association violated the terms, conditions, or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against Ridge Community Sewer Association: � A Nam`hCarolina NCDENRatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: N%1vw.ncwa crqualilv.ar;; 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper • $ 0.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 337.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia-nitrogen. $ 337.50 TOTAL CIVIL PENALTY $ 80.15 Enforcement costs. $ 417.65 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. • In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one(1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919)733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any Questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. e2-40-N. (Date) D. Rex on, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments MA ATTACHMENT A CASE NO.LV-2006-0376 Pipe No. Parameter Reported Value Permit Limit 001 BOD 5.3 mg/1 5.0 mg/1 (Monthly average) 001 Ammonia-nitrogen 5.4 mg/1 * 2.0 mg/1 (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY SEWER ASSN. ) STIPULATION OF FACTS PERMIT NO. NC0069175 ) FILE NO. LV-2006-0376 Having been assessed civil penalties totaling$417.65 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 3, 2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS • TELEPHONE • JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0376 Assessed Party: Ridge Community Sewer Association County: Gaston Permit Number: NC0069175 Amount Assessed: $417.65 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); • (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) 0*Vd ATF$90 Michael F.Easley,Governor �0 0William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > 1 .� Coleen H.Sullins,Director Division of Water Quality f"June 25, 2007 CERTIFIED MAIL 7002 0510 0000 5461 5013 J U N RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements NPDES Permit NC0069175 Ridge Community Sewer Association WWTP Case Number LR-2007-0019 Gaston County Dear Mr. Hayes: This letter transmits notice of a civil penalty assessed against Ridge Community Sewer Association in the amount of$1,100.00 ($1000.00 civil penalty+$100.00 in enforcement costs). This assessment is based upon the following facts: the discharge monitoring reports (DMRs)for the February and April 2007 were not filed with the Division of Water Quality within the thirty(30)day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation dated August 1, 2006 was sent to you(received by you on August 3, 2006),for failure to submit the discharge monitoring report for May 2006. Within said Notice, you were informed that if future reports were not received within the required timeframe,it would result in a recommendation for assessment of civil penalties. Based upon the above facts,I conclude as a matter of law that Ridge Community Sewer Association violated or failed to act in accordance with the requirements of NPDES Permit NC0062278 and G.S. 143-215.65. A civil penalty of not more than$25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143-282.1(b)(8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I hereby make the following civil penalty assessment against Ridge Community Sewer Association: Carolina Nam` Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterauality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Ridge Community Sewer Association LR-2007-0019 p. 2 60 $ for failing to submit the Discharge Monitoring Report for February 2007 as required by NPDES Permit NC0069175 and G.S. 143-215.65. 00 $ 5-00 for failing to submit the Discharge Monitoring Report for April 2007 as required by NPDES Permit NC0069175 and G.S. 143-215.65. b_ $ /00 Investigation Costs 00 $ 1/av 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 Facts and Conclusions of Law and have considered each and every specific factor 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 public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR Ridge Community Sewer Association LR-2007-0019 p. 3 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)were wrongfully applied to the detriment of the violator; (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 has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status,directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore,it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30)days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 OR Ridge Community Sewer Association LR-2007-0019 p. 4 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark)indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter,please contact Mr. Bob Sledge at (919)733-5083, extension 547. Sincerely, usan A. Wilson,P.E. Attachments cc. . ;fie Enforcement File w/attachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY SEWER ASSOCIATION ) STIPULATION OF FACTS NPDES PERMIT NC0069175 FILE NO. LR-2007-0019 Having been assessed civil penalties totaling$1,100.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 25, 2007,the undersigned, desiring to seek remission of the civil penalties,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 200_. BY ADDRESS TEI EPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2007-0019 County: Gaston Assessed Party: Ridge Community Sewer Association Permit Number (if applicable): NC0061975 Amount Assessed: $1,100.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: W A rF rt '• tir316 Michael F.Easley,Govemo I �William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources < Coleen H.Sullins,Director Division of Water Quality June 26, 2007 CERTIFIED MAIL #7006 2760 0001 8494 5786 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia, North Carolina 28052 Subject: Notice of Violation -Effluent Limitations Tracking#: NOV-2007-LV-0360 Ridge Community WWTP NPDES Permit No. NC0069175 Gaston County Dear Mr. Hayes: A review of the February 2007 self-monitoring report for the subject facility revealed a violation of the following narameter for Outfall 001 • UNITED STATES POSTAL SERVICE First-Class Mail 1TIlt Postage&Fees Paid PePS rmit No.G-10 maximum) • printyour ' '' "114 the Discharge Sender: Please name, address, and:''�fR*�'°#n ftii� box g cement action. ems. Since 1 NCDENR p lid not provide SURFACE WJVt RPROTECTION 'sponse to this ] 610 EAST CENTER AVE. ny additional SUITE 301 MOORESVILLE NC 28115 address your b 1 any ration and/or coos 1„i,11„(,,,,II„,l1,f►I,,,I,l,i,l,f,,,1f„I,I,I„f,l,,,,ll,l u may wish to If this Office for additional information. Noy` Carolina NCDENR Aatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: NtIM.ncwatcntuali,v.n 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Mr.Lawrence Hayes NOV-2007-LV-0360 Page 2 If you have questions concerning this matter,please do not hesitate to contact Ms. Allocco or me at(704) 663-1699. Sincerely, 12_,A. Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Gaston County Health Department MA ,c9 William G.Ross Jr.,Secretary�J� i3 y North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director --I Division of Water Quality March 2, 2007 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Request for Response Notice of Violation Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina Tracking No.NOV-2007-PC-0015 Dear Mr. Hayes, On January 8, 2007, a Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 4, 2007 by Mrs. Sonja Basinger was sent to your attention. In the report it was requested that a written response be submitted to this Office by February 7, 2007 addressing the violations and deficiencies noted in the Sand Filters,Effluent Pipe,Disinfection-Tablet, Permit and Record Keeping sections of the report. To date a response has not been received by this Office. In order to complete our facility review, please submit your response to this Office within 10 days(by no later than March 12, 2007). If you have any questions please do not hesitate to contact Mrs. Basinger or me at(704) 663-1699. Sincerely, • for Michael L. Parker • Acting Surface Water Protection Regional Supervisor SWB FA N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Cl to7 eer2S rvic February 9, 2007 \)jb Resubmitted Ms. Marcia Allocco Qf NC Division of Water Quality ( p'� t���m�r' 610 East Center Avenue Suite 301 ACES Mooresville, NC 28115 MO Subject: NOV-2007-PC-0015 MAR 1 2001 Ridge Community WWTP NPDES Permit NC0069175 Gaston County, North Carolina w�, , , e r„ " �.,-Ae +,� WATEI� ,V.,,. 6 "-4 Mrs. Marcia Allocco, Please find the response for the deficiencies sited in the inspection report dated January 8tI 2007. Record Keeping- The data requested is not available. Mr. Burshell did not leave data onsite or with the owners. David Abernethy began operations on April 24th 2006. The requested data can not be produced. A new ORC designation form is included. The TRC modification is in progress to meet the effective date of April 1, 2007. Sand Filters- The facilities sand beds are in very bad condition. The association responsible for this system has no funds to improve the facility and is petitioning a grant to tie onto the city of Gastonia. Disinfection-Tablet- The effluent basin will be pumped by the end of February. The association will raise the money for the buildup removal. Effluent Pipe- The receiving stream does not receive enough flow to allow for any dilution. Almost every DMR shows no flow for the up stream data. Due to lack of funds, connecting to the city of Gastonia will be the best solution for this system. Should you have any questions, please contact David Abernethy at (704) 699 4895 Sincerely, , Julanne Gollehon Quest Utility Operations Director Water Pollution Control System ORC Designation Form WPCSOCC C NCAC 15A:08G.0201 1•-- General Information: Pcrmittcc Owner/Officer Name: MAR 1 Mailing Address: City: State: Zip: - Telephone Number: ( ) Signature: Date: Facility Information: Facility: Q 1 01:312 Co/ u►'1 , -Permit Number: A) C Do( 5 i S County: �.�is Z,N ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! Mark(X)Type of Facility Class(1 -4) Class Wastewater Plant A I.- 2-- Spray Irrigation N/A Physical/Chemical Land Application N/A Collection System Subsurface N/A Operator in Responsible Charge:Print Name: (3)�/`Gi-.; 6 .4(2- Social Security# : 54--4;- ')- Z 2 Certificate Type and Grade: h1 i0 C tificate#: ;2:51Z,c_, Work Telephone: ( •J ) k5•_.• s 2s--% Signature: ,.; . - ti. - 4...___. Back-Up Opel- for in Responsible Charge: Print Name: , /a V IL) A C ' /vF 1r-)->i Social Security# : 4) -013 -c1 IS Certificate Type and Grade: `� Yp �k)�,, Certificate#: a4 8-0 - Work Telephone: (7 0 ) 09 - 4 S65-- Signature: takt.00a ,64:1) Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh,N.C. 27699-1618 Fax: 919/733-1338 Revised 10/2000 wATF9 Michael F.Easley,Governortl 0 G William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources - - Alan W.Klimek,P.E.,Director Division of Water Quality January 8, 2007 CERTIFIED MAIL 7006 2760 0001 8493 0157 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 Subject: Notice of Violation Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 Gaston County,North Carolina • Tracking No. NOV-2007-PC-0015 Dear Mr. Hayes, • Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 4, 2007 by Mrs. Sonja Basinger of this Office. Please inform the facility's Operator in Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) because of the operation& maintenance violations of the subject NPDES Permit and the North Carolina General Statute (G.S.) 143-215.1 as detailed in the Sand Filters and Effluent Pipe sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)per violation, per day 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. It is requested that a written response be submitted to this Office by February 7, 2007 addressing the deficiencies and violations noted in the Permit,Record Keeping, Sand Filters, Disinfection-Tablet and Effluent Pipe sections of the report. In responding,please address your comments to the attention of Mrs. Marcia Allocco. ITIMENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 Mr. Lawrence Hayes Page 2 January 8, 2007 Please contact this Office within 30 days (by February 7, 2007) in order to continue the file review of the absent data stated in the Record Keeping section of the report. The report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mrs. Basinger or me at (704) 663-1699. Sincerely, for Samar Bou-Ghazale Acting Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department SWB NM ERA N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency 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 1 111 2 51 31 NC0069175 1 11 121 07/01/04 117 181 r-!l 19� S� 20u Remarks 1__f 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 2.0 1 69 70 tJ U Ili 71 72 ' 731 I 174 751 I I I I I I 180 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) 11:45 AM 07/01/04 05/10/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:15 PM 07/01/04 10/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// David Patrick Abernethy/ORC/704-489-9401/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 111 Permit III Flow Measurement II Operations&Maintenance II Records/Reports III Self-Monitoring Program MI Sludge Handling Disposal III Facility Site Review •Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Sonja Basinger MRO WQ//704-235-2202/ Sig ure of Management Q A Revie r Agency/Office/Phone and Fax Numbers Date Marcia occo MRO WQ//704-235-2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 • NPDES yr/mo/day Inspection Type (cont.) 1 I NC0069175 �� 12I 07/01/04 117 18'ls_' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION continued: The facility was last inspected on September 27, 2005 by Donna Hood of this Office. DMRs were reviewed from the period of October 2005 through September 2006. A monthly average effluent fecal coliform violation was reported for December 2005. Monthly average effluent BOD and fecal coliform, and a weekly average effluent BOD were reported for May 2006. Monthly average effluent BOD and ammonia-nitrogen were reported for June 2006. Monthly average effluent BOD and ammonia-nitrogen, and a weekly average BOD were reported for July 2006. The Division has separately addressed the above-noted violations by issuance of either a NOV or NOV/civil penalty assessment. A daily average effluent dissolved oxygen violation was reported for August 2006. This violation will be addressed by this inspection report. The current ORC and Back-up ORC designation have not been properly designated by the Permittee. The Division's records show the most current ORC Designation Form was last received August 2004. Please be advised that an ORC Designation Form must be completed and submitted if there is any change in ORC and Back-up ORC status. Please complete and submit the enclosed ORC Designation Form. • Page# 2 Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 0 • 0 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The permit is effective from October 1, 2005 through August 31, 2010. A Total Residual Chlorine (TRC) limit will be effective April 1, 2007. Please be advised that an Authorization to Construct (ATC) application must be submitted to Construction Grants and Loans for the construction/ installation of the dechlorination treatment unit prior to the TRC effective date. The ATC application can be found at the following website: http://www.nccgl.netnews/ATCoverview.html The fence enclosing the chlorine contact basin has been compromised to allow general access. Please fix the fence immediately. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? 0 ■ 0 0 Are all records maintained for 3 years(lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 ■ 0 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Page# 3 Permit: NC0069175 Owner-Facility: Ridge Community VWVTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 • 0 0 Facility has copy of previous year's Annual Report on file for review? 0 ■ 0 0 Comment: The ORC received a written request for the facility's records (for the review period of October 2005 through September 2006) prior to the inspection. All records (including DMRs, chain-of-custody, lab data,operator's log, 2006 Annual Wastewater Report, process control data and sludge hauling records) for the period of October 2005 through April 2006 and the chain-of-custody's (coc) for the period of June 2006 through September 2006 were not available for review on the day of the inspection. The facility did not have a current copy of the facility's NPDES permit. A draft copy was available for review. 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: The sand filter beds have not been properly maintained. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 ■ 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? 0 0 ■ 0 Comment: Grab samples are required by the facility's permit. Field parameters are performed by Eco Guardian, Inc. certification#5444. Contracted lab services are performed by Water Tech Labs certification#50. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 ■ 0 Is flow meter calibrated annually? 0 0 • 0 Is the flow meter operational? 0 0 • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: Effluent flow is measured by a staff guage and weir. Septic Tank Yes No NA NE Page# 4 Permit: NC0069175 Owner-Facility: Ridge Community VVWTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? 0 0 • 0 Is septic tank pumped on a schedule? 0 • 0 0 Are pumps or syphons operating properly? i• ❑ ❑ ❑ Are high and low water alarms operating properly? 0 0 • 0 Comment: The ORC stated during the inspection that he has not had the tank pumped since he has been operating the plant. Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? 0 0 • 0 Is the distribution box level and watertight? U ❑ ❑ ❑ Is sand filter free of ponding? 0 ■ 0 0 Is the sand filter effluent re-circulated at a valid ratio? 0 0 ■ 0 #Is the sand filter surface free of algae or excessive vegetation? 0 ■ 0 0 #Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) 0 0 ■ 0 Comment: As previously sited in the October 5, 2005 inspection report, the sand filters are poorly maintained and need to be rehabilitated. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? 0 0 0 ■ Is the contact chamber free of growth, or sludge buildup? 0 ■ 0 0 Is there chlorine residual prior to de-chlorination? 0 0 ■ 0 Comment: Norweco calcium hydrochloride tablets are used for disinfection. Five chlorine tablets were present in the chlorinator on the day of the inspection. The tablet chlorinator and chlorine contact basin had significant solids build-up. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? U ❑ ❑ ❑ Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Page# 5 Permit: NC0069175 Owner-Facility: Ridge Community WNTP Inspection Date: 01/04/2007 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? • ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 ■ 0 0 If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment: The receiving stream was negatively impacted on the day of the inspection. Biological solids were present in the effluent discharge and the stream. Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? ■ 0 0 0 Comment: Page# 6 w • l.enter Avenue Mooresville, NC 28115 704/663-1699 • To: t AU ;c) Date: $ ) Q(41 Fax No#: - � � 1 From:7� ), • Phone: ON) 75- -193 Message: ----1—hart r1 t) b „67 .Z : l l `9 l 1iWJON l LO 16t9£Z9 l aaoN Insad aged awi1 1Je 9 apoW JagwnN auogd/Xe3 55: l l 90OZ 9 l nth l 'd 4_ CI Cie - 4u03 1 i wsue 1 * * Otr09£9y OL:xe3 O8W 8N30JN ins C:45*NIf1 1^' !Cpa (pity n� asthma lf;CEPT.OF ENV1RONME�;T P.O.BOX 17ae �Pd15 r a. (Sttztonitt,�durtil (Carolina 28II53-1748 MCORE-3.'''i ;dii:ThiAL OFFICE DEPARTMENT OR PUBLIC WORKS AND UTILITIES OCT 0 2 2001 August 31, 2001 Charles H. Weaver,Jr. North Carolina Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Subject: Ridge Community Sewer Association—NPDES Permit NC0069175 The City of Gastonia Public Works/Utilities Department has received a request to provide information regarding the availability of city sewer to the Ridge Community Sewer Association Sewer System located south of the Gastonia City Limits near South York Road (US 321). The City of Gastonia has two outfall lines in the area, Blackwood Creek Outfall and Upper Brandon Creek Outfall. A map showing the proximity of the Ridge Community Sewer Association service area (outlined in yellow) and the existing sewer lines is attached. • The community sewer system is at the top of a ridgeline with the discharge point to the west of South York Road. The discharge point is approximately 4600 feet from the Blackwood Creek Outfall to the west (Optionl) and could be served by extension of a gravity line. The Upper Brandon Creek Outfall is on the east of the ridge line and would require a pump system force main and gravity sewer extension of a combined length of approximately 2950 feet(Option 2). The City of Gastonia has an Assessment Petition Policy whereby citizens inside or outside the City Limits can petition the City of Gastonia for water and sewer service. Representatives of the Ridge Community Sewer Association contacted the City of Gastonia in March of 1999 concerning the feasibility of a petition for sewer service to replace the community sewer system. The estimated cost of the extensions to serve the Association members with sanitary sewer was $577,629. Funding of this project was not recommended by staff due to the cost and the limited number of customers that would be. served. ridgecommSS The basic sewer service would be extended in this area if it were annexed under the involuntary annexation process. The City of Gastonia does not have plans to annex this area within the next 5 years. The Planning Department indicates that it could be at least 10 years before this area may be considered for annexation. Please contact Michael Bynum at 704-866-6043 if you have any questions or need additional information. Sincerely, Michael W. Bynum, EIT Utilities/Customer Service Atta;;hment PC: Don Carmichael,Director of Public Works/Utilities Flip Bombardier, City Engineer Felix Pruitt, Civil Engineer III Matt Jordan, Assistant Director of Public Works/Field Operations ridgecommSS IN ni d mmu r tern W E� y'k •r a<..S 1 1 J1 �` ,,4 ,a I f . -A I A, y. _ r t 4 n &-' k�L _ a1 •j• ✓:V, / '.1 , 'ir 11 Q ) ' �. Jf:•••✓, 54r; .ref, '' 1 i.s- ; ,{'� i y a 4t ; 7 jr`e:a a !% • . A i.tc c l ' ¢ it; r °I`¢ r ..` , S d.. g '^ ' . ',i 'may ' f a.- -t 11 #., .. ,,s r 4,t%1 s ,! f •� 3� • Y`b+ ' .1 9�' Y ai:,,,Yar c' -,I ��F " :pt.Z),- ,'16 i.! 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' r'w w,"►• ,i .. -}�a w 1!lw,!T 1 NI ye 3' . s' , Aix4iAti NCDENR Fil)( NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Mooresville Regional Office 610 East Center Avenue Mooresville, NC 28115 704/663-1699 �U c Ne.rn-e4) Date:: $ ) 14 ()Le Fax No#: ,a3to ( ) From:- Phone:0C 4) 7 5-21 `13 Message: tv�e ri I \ �GF w ATF90 Michael F.Easley,Governor 0 0 William G.Ross Jr.,Secretary rNorth Carolina Department of Environment and Natural Resources p Alan W.Klimek,P.E.Director Division of Water Quality August 1, 2006 CERTIFIED MAIL 7003 0500 0002 6814 3502 RETURN RECEIPT REQUESTED --- t.0� EAtVIkiTAlrlelr� AND NATURAL RESOURc:F, Mr. Lawrence Hayes MOORESV'l_LF 0 GIONAL ;��.-?Cr Ridge Community Sewer Association I 106 Ridge Circle Gastonia, NC 28052 AUG 0 2 2006 SUBJECT: NOTICE OF VIOLATION: NOV-2006-LR-0058 Ridge Community WWTP NPDES Permit Number NC0069175 Gaston County WATER QUALITY SECTIO' Dear Mr. Hayes: This is to inform you that the Division of Water Quality has not received your discharge monitoring report(DMR) for May 2006. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action,please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self-monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12)reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083,extension 547. Sincerely, Susan A. Wilson, Supervisor NPDES Western Unit cc: Point Source Compliance/Enforcement Unit Mooresville Regional Officer No�`thCarolina Central Files dvaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 4 • W A TF'9 Michael F.Easley,Governor �0 �i • William G.Ross Jr.,Secretary // North Carolina Department of Environment and Natural Resources > (�' 1/v 0' q J)/./ Alan W.Klimek P.E.Director X N Division of Water Quality c 1.\( March 30, 2006 • rh,UEPT.OF ENVIRONMeivr Neal Stover AND NATURAL RESOURCES Ridge Community Sewer Association ( - 77'.\/' --,SAL oFFicE 3611 Little Mtn Rd. , I Gastonia,NC 28056 APR 0 3 2006 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Ridge Community WWTP Permit Number: NC0069175 °, ���Y SECTION Case Number: LV-2006-0061 Gaston County Dear Mr. Stover: This letter is to acknowledge receipt of check number 1716 in the amount of$328.95 received from you dated March 27, 2006. This payment satisfies in full the above civil assessment levied against the subject facility,and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083 Ext.547. Sincerely, C)(11114-.LAC\ Coleen Sullins C)41- ----- cc: 1,WQ Mooresville Regional Office Supervisor Central Files No Carolina !atural!, North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper V ..A 'IZ C,N N' :INX�11\1N "X' Xl'� IN1.5",,XN1 N /NrI . N N LEA- pF W ATFq Michael F.Easley, vemor• ' 0� 0� William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources Q "'�+- Alan W.Klimek,P.E.Director Division of Water Quality March 1, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 8545 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,North Carolina 28052 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community Sewer Association WWTP Gaston County Case No. LV-2006-0061 Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $328.95 ($250.00 civil penalty+$78.95 enforcement costs) against Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the self- monitoring data from December 2005. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No.NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Ridge Community Sewer Association: • VANam` Carolina NCDENR "vatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for fecal coliform. $ 250.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 328.95 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 12A- . / .Z u v C /lam (Irate) D. Rex Glee 6n, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office • Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments JL ti ATTACHMENT A CASE NO. LV-2006-0061 Ridge Community Sewer Association NC0069175 Pipe No. Parameter Reported Value Permit Limit 001 Fecal Coliform * 275 colonies/100 ml 200 colonies/100 ml * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND RIDGE COMMUNITY SEWER. ) STIPULATION OF FACTS ASSOCIATION ) PERMIT NO.NC0069175 ) FILE NO. LV-2006-0061 Having been assessed civil penalties totaling$328.95 for violation(s)as set forth in the assessment document of the Division of Water Quality dated March 1,2006 ,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE DWO—CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0061 Assessed Entity: Ridge Community Sewer Association Region: Mooresville County: Gaston ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ( ) Whether the violation was inadvertent or a result of an accident; ( ) Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied ❑ Full Remission n Partial Remission n Amount Remitted Date Alan W. Klimek, P.E. L_3/-Z00(,- 00(4) .L;4141 • Effluent NPDES Permit No.: NC0069175 Discha No.: 1 Month: December Year: 2005 . - Facility Name: Ridge Corn.Sewer Class: 1 County: GASTON Operator in Responsible Charge: BYRON BU HELL Grade WW2 Phone: 704-813-6881 Certified Laboratory(1): WATER TE H LABS (2) Change in ORC: No Person Collecting Samples: /�BYRO,N BUURRCHELL Mail Original and One Copy to: X `';lh- / /�- gC%C//7" Attn:Central Files (Signature'of Operator in Responsible Charge) Div.Of Water Quality By this signature,I certify that this report is 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh,NC.27699-1617 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 CS 88tym8 hi a118Wg§ 1iv cc U " l' l iU bU Z1 a FIRS HRS Y/N MGD C S.U. MG/L MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L ML/I. 1 0930 0.5 Y 9.0 2 0930 0.5 Y 9.0 3 N 4 N 5 0900 0.5 . Y 10-0 0,80 6 0900 0.5 Y 10.0 7 'r 0900 0.5 Y 10.0 ' 8 1100 0.5 Y 0 0060 10.0 6.6 1.10 2.8 1.2 7.3 260 6.0 ' 9 1030 0-5 Y 10:0 10 N I • 11 N 12 1030 0.5 Y 9.0 1.00 13 1100 0.5 Y 9.0 14 1100 0.5 Y 0.0080 8.0 6.7 1.00 6.0 ,15 -0930" 0.5 Y ._. ...8.0 _.... :. 16 0830 0.5 Y 8.0 '17`. N 18 �`1 20 1030 0.5 Y 8.0 21 1030 0.5 Y 8.0 22 1030 0.5 Y 0.0080 7.0 6.5 1.40 4.4 1.2 7.7 290 6.0 23 1030` :0,5 Y 8.0'` 24 N 25 N 28 N 27 1030` 05 Y : 9.0 1,20 28 1030 0.5 Y 9.0 29 . 1035 0.5 Y 0.0080 8.0 6.6 0.80 8.1 30 1040 0.5 Y 8.0 31 N AVERAGE 0.0075 87 _ 1.08 3.6 1.2 75 275 6.0 MAXIMUM 0.0080 +10.0 :6.7 1.40 4.4 1.2 ' 7.7 81 MINIMUM 0.0060 7.0 6.5 0.80 2.8 1.2 7.3 260 6.0 Comp.(C)/Grab(G) G G G G G G G G Monthly limit 0.0100 10.0 4.0 30.0 200 Daily Maximum 15.0 20.0 45.0 400 OCT 2 ,2005 21:50 7048670753 page 1 CZ ry7,1, 63 46e FACSIMILE T1h4v4Suut311aoH '--Fci,bibt-: 5• fr•2 i 1) 6-7 A, 11 r FRCP • V '1. Tea Jo.lie`/ IM'I'c,, /4 )/t sulu!,cr: s1a/9 G.t- l itge; 64 ,,/`ice -' 1d/2. Nuu.c-of pages inciudbtu covet II ICcl - q _ , I try to take just �,,‘ � �� one dray at a J-time. . . G � Nip L�� • PP") fr-ioi- - -tv`) ,.- ill': •.;_, -.!.. Ilk'; . All 1.)i.A. Pq 47 pee ' 14°21 ,I,1 ii, , lq):1 • 4.50 „,„„ • • .(` --)ei 61/1( . but lately several days - have altacked me at once. • - . OCT 25,2005 21:50 7048670753 page 3 Mr.Richard Bridgeman N.C.Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville,NC 28115 704-663-1699 Subject: Written response to Inspection Ridge Community Sewer WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina Dear Mr. Bridgman: This is a written response that you requested pertaining to the deficiencies noted in the Sand Filters and Record Keeping Sections of the inspection report. Sand Filters — After expressing my concerns regarding the sand filter beds to Ms. Hood and explaining to her the avenues 1 taken to try to obtain financial assistance in replacing the sand in the beds, my communications with Mr. Curtis Hopper with Gaston County Health Department and Fred Summers with North Carolina Rural Water Association, have fallen short of reaching my goal. Her suggestion was to contact Mr. Bcm Shumak to obtain help from the Clean Water Management Trust Fund. I am currently attempting to contact him for this assistance. The sand fitter beds have been raked and leveled and are free of excessive vegetation. Record Keeping. — An amended DMR has been resubmitted for February 2005 with the missing TRC values, which was found on 2/28/2005 in the log book. Amended DMR was faxed to Ms. Hood and original amendment sent to Raleigh. A copy of the sludge management plan will accompany this letter and be sent to Maureen Crawford. If you have any further questions or require additional information feel free to contact me at 704-813-6881. Sincerely, t Byron Burchell/ORC BB/dn `\ \\\\Y�`` A10 NATI r^.'.RESOURCES 1 MOORE- ` .^:,!AL OFF icr OCT 2 7 200!) Mr. Richard Bridgeman N.C. Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 WATER QUALITY SECTION Mooresville,NC 28115 704-663-1699 Subject: Written response to Inspection Ridge Community Sewer WWTP NPDES Permit No.NC0069175 Gaston County,North Carolina Dear Mr. Bridgeman: This is a written response that you requested pertaining to the deficiencies noted in the Sand Filters and Record Keeping Sections of the inspection report. Sand Filters — After expressing my concerns regarding the sand filter beds to Ms. Hood and explaining to her the avenues I taken to try to obtain financial assistance in replacing the sand in the beds, my communications with Mr. Curtis Hopper with Gaston County Health Department and Fred Summers with North Carolina Rural Water Association, have fallen short of reaching my goal. Her suggestion was to contact Mr. Bern Shumak to obtain help from the Clean Water Management Trust Fund. I am currently attempting to contact him for this assistance. The sand filter beds have been raked and leveled and are free of excessive vegetation. Record Keeping. — An amended DMR has been resubmitted for February 2005 with the missing TRC values, which was found on 2/28/2005 in the log book. Amended DMR was faxed to Ms. Hood and original amendment sent to Raleigh. A copy of the sludge management plan will accompany this letter and be sent to Maureen Crawford. If you have any further questions or require additional information feel free to contact me at 704-813-6881. Sincerel , *4711 /011) — Byron Burchell/ORC BB/dn M/ T Cr" r iV,;Mtt1Nj( Mr - '7SOURCES A VOC oFFict Ms. Maureen Crawford OCT 2 7 200', NC DENR—Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 WATER QUALITY SECTIOP Subject: Sludge Management Plan Permit Number NC0069175 Ridge Community Sewer Assoc. Gaston County Dear Ms. Crawford: The sludge management plan is as follows: Solids from this system are collected in an 8,000 gallon septic tank and is pumped annually or as needed by Stanley Septic Service and ultimately disposed of at Irwin Creek Wastewater Treatment Plant in Charlotte,NC or Cramerton Wastewater Treatment Plant in Cramerton,NC. Solids accumulation on the filter beds are raked off and sent to the landfill according to state regulations. If any further information or assistance is needed please feel free to contact me at 704- 813-6881. Sincerely, 97(112/ iy Byron Burchell /ORC A L ®J BB/dn OCT 25,2005 21:51 7048670753 page 4 Ms. Maureen Crawford NC DENR—Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Subject: Sludge Management Plan Permit Number NC0069175 Ridge Community Sewer Assoc. Gaston County Dear Ms. Crawford: The sludge management plan is as follows: Solids from this system are collected in an 8,000 gallon septic tank and is pumped annually or as needed by Stanley Septic Service and ultimately disposed of at Irwin Creek Wastewater Treatment Plant in Charlotte,NC or Cramerton Wastewater Treatment Plant in Cramerton,NC. Solids accumulation on the filter beds are raked off and sent to the landfill according to state regulations. if any further information or assistance is needed please feel free to contact me at 704- 813-6881. Sincerely, Byron Burchell/ORC B13/dn t y j J. naicnaei r.casiey,uovemor O�� RQG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources jT'-- Alan W.Klimek,P.E.Director O • ‘1\ Division of Water Quality • W"t" cl October 19, 2005 UEPT.Gr Etiv,RONNevi Lawrence Hayes AND NATURAL RESOURCES Ridge Community Sewer Association r00RESs ' OFFICE 106 Ridge Cir Gastonia, NC 28052 SUBJECT: Payment Acknowledgment OCT 2 2flC Civil Penalty Assessment Ridge Community WWTP Permit Number: NC0069175 Case Number: LV-2005-0368 WA T Gaston County Dear Mr. Hayes: This letter is to acknowledge receipt of check number 1703 in the amount of$585.04 received from you dated October 10, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File#: LV-2005-0368 ETIMIIIMerrffttnterffIrtrrferStIrerrigor Central Files One NfflC fura!!yarolina 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 • - . . • • * . • . 1.... • • I - . . . . • . • , . • • , . . . . , ''s." 7'\'''.1\--f., l'\,4-;\/,''''./,'\--"/, / -,,,' Y,\'/ 1..' -'f'\'(/\'‘'-'\'',:."'''A''.\ ''''. (-'s. '\\11 ''. .• '. . 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".';` /i ':'-.**:'*:./' ,:-'*-‘1:\.,'__('-.'• \-?:—\ z" \'' `- *e* ''- \'-'•'•''','' \''' ‘ / ,', '- /.','' .'Z.':'_._':_.1.L' '...12.2,/,`,',/,, / •,:_.- `,2_e__:‘,/ '_,2*Z_,*,',.'_.Z..\•_z_*,':(,'-'.<.`:.,.%..\..r.'-.•.- ',.••*.'•. _.•, it.' • . •• • IFA • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr., Secretary Alan W.Klimek, P.E., Director September 19,2005 CERlIFlED MAIL 7003 2260 0001 3492 6832 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0368 Gaston County,NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.04 ($500.00 civil penalty+$85.04 enforcement costs)against the Ridge Community Sewer Association. This assessment is based upon the following facts:A review has been conducted of the discharge monitoring report (DMR) submitted by the Ridge Community Sewer Association for the month of May 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 One i.n,�..�7�.. Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us o thCa ohna An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally •sampaoold ivaumolojua aqi jo aids aqi of isoa au,j (8) pu tiiuoginn poi n ai snq uotsstuuuo3 ivauza$nunlnl jnfuauruoltnug aqi gotgm iano sam i2o.d gitnn 1ilduzoo sal 2utlF3 io 2uuijduroo ut ioiu(oin aquo plooal loud ags (L) `keuotivaiut.io AJ n3Lnn pailtuzcuoo alarm suotinJotn aqi iaq}agq (9) `aoumRdtuoouou Aq pangs Aauom3o iunourn aqs (S) `a2itu aqi 2u!Sjpaar30 iso au, (6) `ifftlnnb.ue uo io kitp nb 10 ICitiunnb mum aoj.ms 10 puma&uo pa a aqj (E) `suotfn(Otn aqi jo Aitnn1il pun uotinmp ALL (z) `sumulotn aqi uzo g guginsa t A1adoid afnnud of so `wag oggnd aqi of `aids aqi jo sao mosai jn minu aqi of wing jo fuafxa pun as diap aqs (I) :am goniq`(gI'Z8Z 'S-o in giio3 ias S.1013EJ aqi pun mn-13o suotsniouo3 pun iond jo s2utput3 NI Turman Dior uaxgf aneq I kileuad aqi 3o mourn aqi 2muttulaiap uc `(a)v9'S I Z-£ti I 's o Of Wensincl dl1Q 1Ml10I'IviO.L 170'S85 $ -sisoo wauraolojug 170'58 $ A.L'IlfMad'IIAIn'IvZO,L 00'00S $ 'punuza j uaakxp Inotuzagootg 103 ituz'<I 1uannja umcm cEuz ACELup *wad aqi jo uotin(otn ur awls aqi jo slainnn aqi ow!amen&&1egosrp cq`SL I6900DN'°I1 mad saudm PUR (9)(u)I'S I Z -£17I -S'9 3O u0tiniotn (I) auo aq jo 0 1Od 0 $ •uaff0.E iN ntuounlly 103 rug ivanuja adnrann igiuotu ium d aqi jo uotinlotn uz aisis agiJo slafnnn alp ow! aisnnn .regosip `SL I6900DNN1 'orN i!d SaCkIN.Pu (9)00 I'S 1Z -£tit 'SDJO uotwjotn (I) auo aqi jo I 103 00'05Z $ •pun<uaJ ua2AxO (Baturagootg 1o3 ituJII ivant a a21113nn,fjgiuour ituzlad aqi jo uogulotn ut aims ag1 Jo slafem alp oiut aisenn&ut21ngosrp 'q `SL I69003M '°MMI wad s cIdN Pug (9)(3)I'51Z -£t7I 'SDP u0ti111otn (I) auo agijo I 103 00'0SZ $ Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b)were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission,you must complete and submit the enclosed"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. (Date)%fok. i D. Rex GI ason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACH-MENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB ... _ - ... ldfl� • Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No.NC0069175 Case Number LV-2005-0368 Limit Violations, May 2005 • Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 7.5 * 5.0 mg/L Ammonia Nitrogen 4.2 * 2.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 8.5 7.5 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0368 Having been assessed civil penalties totaling$585.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 19,2005,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number. LV-2005-0368 Assessed Party: Ridge Community Sewer Association Permit No. (if applicable): NC0069175 County: Gaston Amount Assessed: $585.04 Please use this form when requesting remission of this civil penalty. You must also complete the " 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 (Le., 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: • Effluent MEP JJL tc� ?uo5 NPDES Permit No.: NC0069175 Disc ge No 1 Month:MAY Year: 2005 Facility Name: RIDGE COMMUNIT Class: 2 County: GASTON Operator in Responsible Charge: BYRON RCHELL Grade WW2 Phone: 704-S13-66S1 Certified Laboratory(1): WATER TEC S (2) Change in ORC: No Person Collecting Samples: BYRON BURCHELL Mail Original and One Copy to: X r/�G/ re of Operator in Responsible Charge) I Attn: Central Files Ig„� P esP Div. Of Water Quality By this signature,I certify that this report is 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 E m c o U v E a II Q o F _ o c o c o a' 7 = °i act d o E o U `od! p W2 _ -2 N o yr o� o is :as o isr m a c 2 I n d t E F z` d U iK e - °i v dg 0 ¢ � v o: V • O < mrc v QO 2 2 0 ft nr' On O - f- m c Li o_ O t- HRS HRS Y/N MGD C S.U. UG/L MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L MLlL 1 2 0830 0.5 Y 0.0080 15.0 <.01 3 .0830. ..D.5 Y "15:13 4 0830 0.5 Y 15.0 ti 5 ' 1030: -:0.5 Y i 15:D 7.4 : •'c.D1 :"4141t, 3.6 14.D <1 6.4 6 0800 0.5 Y 15.0 7 N 8 N 9 ;0830> '<:D.5 .: Y, A:D076' ;15:0 `.:: . .. <331 :: _.; -':: <. • 10 0840 D.5 Y 15.0 11 .. 12 0830 0.5 Y 15.0 6.6 <.01 62 13 0830 0:5 Y r '16A 14 N 15.< 34 ^'}P+ 16 0830 0.5 Y 0.0075 16.0 <.01tlrk s � �']L'K •-S 17 :0830 D.5 Y • '16:0 `05 ::.i.e. • O C 18 0830 0.5 Y 18.0 I - • •...,. 19 :0830 'D:5 Y 18:0 6.7 <.31 r 6.5 2:8 6.0 87 6.0 ! S 20 OR-1-5 0.5 Y 18.0 .. N • . '? . 100; 22 N Zi ;: 'D830; _0:5 .. .,:.,Y UA080 '18D ;: „<:D1 24 0830 0.5 Y 18.0 25 0830 -13.5 `. -Y ` _; - 16:0 '- 26 0830 0.5 Y 16.0 6.8 <.01 6.3 6.0 v,A! 27 .0830 '0.5 Y 16:0:. • - ;,� 28 N 29 30 N I 31 :0730 0.5 'Y 4A085: .16.0`_, •<D1 AVERAGE 0.0079 16.0 0 10.0 9 62 MAXIMUM D.0085 `18.0i' .4 D :: _''6:3 "14D 87 6:4 MINIMUM _ 0.0075 15.0 6.6 0 _ 6.5 2.8 6.0 <1 6.0 Comp.(C)/Grab(G) GGGGG G G G Monthly limit 0.0360 NL NL 5.0 2.0 30.0 200 >6 Daily Maximum 7.5 NL 45.0 400 -:a s Facility Status: (Please check one of the Inllttwut:.�) :i`` All monitoring data and sampling trcyuencies meet permit requnen►ems Nef:. NC'ttntpimnt An monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant li the facility is noncompliant. please comment on corrective actions being taken in respect to equipment. operation, maintenance. etc.. and a tinie-table for improvements to he made. 4.)6 :!' •G•47 �n5ee '7'..‘.--- Gam/ s1 "1 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. eased on rhv 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 fienaitres for submitting false information, including the possibility of fines and imprisonment for knowing violations.'• - c/-1 .i!r2C NEGC Permittee (Please print or type) �) a% o r' /66 ipe : �� Signs a of ermitte c** Date (Required)4) T � S �c J i.�j de ' . --) S--—l.Ss� 3/j 'Permittee Address Phone Number f Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride - O1t167 Nickel 5(K►fit) Total Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 02 ResidualChlorine 00082 Color(ADM!) t0 625 Total Kjeldhal 01027 Cadmium 01 10_ Zinc Chlarine Nitrogen 01105 Aluminum 0)095 Conductivity (K1630 Nitrates/Nitrites 0I032 .Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 -Fecal-Coll form 719(10 Mercury 00310 BODS (X)665 Total Phosphorous 00340 COD 3273() Total Phenolics 81551 7tylene 00720 Cyanide 01037 Total Cobalt 34235 Benzene (X)400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue (X/929 Total Sodium 01051 Lead 39516 PCBs 00545 Settleable Matter (0940 Total Chloride 01062 Molybdenum 50050 Flow Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at(919)733-50N-1 t,; by visiting the Water Quality Section's web site at h2o.enr.state.nc.us/wqs and linking to the Unit's inforniation pages. Use only units designated in the reporting facility's permit for reporting data. �� „ ..., RC must visit facility and document visitation of facility as required per 15A NCAC KG .0204. - - Ili: O ..'* It•signed by other than the hexnlince.delegation of sigaatenrv�a,Irirmry t hi. rin•ram• :i•;rr f ,4-g• : -,.-,_ ,1h; R1ttC 1._ +•. ?fj;•�rcd -+•:1w R*�• i '" Penni A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration,the Permit-tee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittec.as specified below: EFFLUENT =:LIMITS MONITORING REQUIREMENTS CHARACTERISTICS :. Monthly _ ' Daily Measurement Sample?ype : Sample Locations -i ' " - `Average 1 -Maximum ' Frequency ..- Flow . 0.01 MGD . _ Weekly Instantaneous Influent or Effluent BOD,5-day(202C) 5.0 mg/L ' 7.5 mg/L 2/Month 'Grab Effluent (April l—October 31) BOD,5-day(202C) 10.0 mg/L 15.0mg/L 2/Month Grab Effluent (November 1—March 31) Total Suspended Residue 30.0 mg/L 45.0mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2JMonth Grab Effluent (April 1—October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1—March 31) Dissolved Oxygen Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(2C) Daily Grab Effluent Temperature(PC) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream=at least 300 feet downstream from the outfalL 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. ic V W A TFMichael F.Easley,Governor William G.Ross Jr.,Secretay North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director- Division of Water Quality October 5, 2005 Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052 Subject: Notice of Deficiency Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 • Gaston County,North Carolina Dear Mr. Hayes: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 27, 2005 by Ms. Donna Hood of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to the Office by October 26, 2005, addressing the deficiencies noted in the Sand Filters and Record Keeping Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Ms. Hood or me at(704) 663-1699. Sincerely, D. Rex Gleason,P.E. Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department DH NIDE TO N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 U 3I NC0069175 111 121 05/09/27 117 18Lcj 191c1 20I ' tJ 1__I Remarks UU U 211 I I I 11111111 111111111111 11111111111111111111 11166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA — -- Reserved --- 671 169 70I 711 I 721 NI 731 11 74 751 1 1 1 1 1 1 1 80 —+ Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:35 AM 05/09/27 02/01/01 Ridge Community WWTP 316 S Marietta Rd Exit Time/Date Permit Expiration Date Gastonia NC 28052 12:14 PM 05/09/27 05/08/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Byron K Burchell/ORC/704-813-6881/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Hayes,106 Ridge Cir Gastonia NC 28052/// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) IIII Permit El Flow Measurement •Operations&Maintenance •Records/Reports III Self-Monitoring Program •Sludge Handling Disposal •Facility Site Review •Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna H d MRO WQ/// % C Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Pr Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 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? 0 0 ■ 0 Is the facility as described in the permit? U ❑ ❑ ❑ Are there any special conditions for the permit? 0 • 0 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment:The Ridge's new permit is effective 10/1/2005-8/31/2010. The new TRC limit takes effect 4/1/2007. Please be aware that an Authorization to Construct application must be submitted prior to the addition of dechlorination facilities. Also be aware that a sludge management plan has been requested by the Division. This must be submitted prior to 10/10/2005 to prevent enforcement. 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 U ❑ ❑ ❑ Judge,and other that are applicable? Comment:Sand beds have not been properly maintained. Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? 0 0 0 ■ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? 0 0 • 0 Comment:Norweco calcium hypochlorite tablets are used for disinfection. Septic Tank Yes No NA NE (If pumps are used)Is an audible and visual alarm operational? 0 0 ■ 0 Is septic tank pumped on a schedule? • • ❑ ❑ ❑ Are pumps or syphons operating properly? U ❑ ❑ ❑ Are high and low water alarms operating properly? 0 0 • 0 Comment:Stanley Septic pumps the septic tank on a regular basis. Sand Filters(Low rate) Yes No NA NE (If pumps are used)Is an audible and visible alarm Present and operational? 0 0 • 0 Is the distribution box level and watertight? ■ ❑ ❑ ❑ Is sand filter free of ponding? 0 • 0 0 Is the sand filter effluent re-circulated at a valid ratio? 0 0 ■ 0 Is the sand filter surface free of algae or excessive vegetation? 0 ■ 0 0 Is the sand filter effluent re-circulated at a valid ratio?(Approximately 3 to 1) ODEO Comment:Sand filters are poorly maintained and need to be rehabilitated. Mr.Burchell has expressed concern over the community's inability to pay for such a large expenditure. Mr.Bern Shumak can be of assistance in attaining help from the Clean Water Management Trust Fund. He can be reached at(336)366-3801. The North Carolina Rural Water Association has assistance through either Tony Honeycutt or Fred Summers. Their numbers, respectively,are as follows:(919)812-2717 and(919)812-5119. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ Is the facility using a contract lab? • ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 • 0 Comment: Flow Measurement- Effluent Yes No NA NE Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? 0 0 • 0 Is the flow meter operational? 0 0 • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 • 0 Comment:A dosing bell counter is used to calculate effluent flow. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? N ❑ ❑ ❑ Are all records maintained for 3 years(lab.reg.required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? • U ❑ ❑ ❑ Dates,times and location of sampling N Name of individual performing the sampling • Results of analysis and calibration ■ Dates of analysis Name of person performing analyses • Transported COCs • Are DMRs complete:do they include all permit parameters? 0 ■ 0 0 Has the facility submitted its annual compliance report to users and DWQ? N ❑ ❑ ❑ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 Is the ORC visitation log available and current? 10000 Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? N ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment:DMR's for August 2004-July2005 were reviewed for the inspection. One TRC value was missing for the week of 2/27/2005-3/5/2005. The missing value was found on 2/28/2005 in the log book. Please submit an amended DMR to the Division for February 2005 reporting the missing value. BOD limits for daily max and monthly average were violated in July,June,May,April,and January 2005. September 2004 showed a BOD daily max violation. An ammonia nitrogen violation for monthly average was noted in May 2005. Violations prior to May 2005 have been addressed. June and July 2005 violations will be addressed under future cover. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? U ❑ ❑ ❑ Is proper volume collected? N ❑ ❑ ❑ Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ ❑ ❑ Comment: Pr Permit: NC0069175 Owner-Facility: Ridge Community WWTP Inspection Date: 09/27/2005 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? U ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment: T sley, o`a RQG • / WilliamMichael G.F RossEa Jr.,Secretary North Carolina Department of Environment and Natural Resources r 1�� )� 91/ Alan W.Klimek,P.E.Director > �Q t! Division of Water Quality — , �,.:�C�11 otowr September 7, 2005 NAP. �;�SOURCE9 Lawrence Hayes w s` ° fit nt�! `E Ridge Community Sewer Association f 106 Ridge Cir Gastonia, NC 28052 • SEPG8 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Ridge Community WWTP Permit Number: NC0069175 • Case Number: LV-2005-0249 Gaston County Dear Mr. Hayes: This letter is to acknowledge receipt of check number 1697 in the amount of$335.04 received from you dated August 31, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, j'Aaiteed) Frances Candelaria cc: Enforcement File#: LV-2005-0249 Mooresville Regional OM . Central Files Noy` Cral!;arolina Mu 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 RIDGE COMMUNITY SEWER 1697 ASSOCIATION s 3611 LITTLE MOUNTAIN RD. 66-112/531 GASTONIA,NC 28054 56009 DATE il— 31—a-605 a PAY TO THE ` y „` q , $ �3S a r{I ORDER OF ��" `�' ` tA ` ((���\ (�+y _ ��d�' DOLLARS 8 " 1 4 { BB/IT { BRANCH BANKING AND TRUST COMPANY } GASTONIA,NORTH CAROLINAc -- FOR()owl' 4f Al ao (p?l '15 ! ' PE o'00 L69 ?II' 1:053 LOLL 2 LI: L60 L09585Lev - a � Michael F.Easley,Governor �RQ William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Division of Water Quality t/c)-r C7 September 7, 2005 AND l ,.,: r, WrayFrazier YOORE.,. ESOURCES Cross Country Campground OFFlC� 6254 NC Hwy 150 E Denver, NC 28037 SEP 0 8 200'i SUBJECT: Payment Acknowledgment Civil Penalty Assessment Cross Country Campground A Permit Number: NC0022497 WA T�,,, Case Number: LV-2005-0245 and LV-2005-0281 Catawba County Dear Mr. Frazier: This letter is to acknowledge receipt of check number 008034 in the amount of$670.08 received from you dated August 25, 2005. This payment satisfies in full the above civil assessments levied against the subject facility, and these cases have been closed. Payment of these penalties in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, i0-4tLlsZ Frances Candelaria cc: Enforcement File#: LV-2005-0245 and LV-2005-0281 Central Files N r hCarolina 2aturally 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 11 CROSS COUNTRY CAMPGROUND 008034 6254 HWY 150 EAST 704-483-5897 FIRST CHARTER 00000006 DENVER,NC 28037 66-73/531 • BRANCH 20 **** SIX HUNDRED SEVENTY & 08/100 DOLLARS PAY DATE AMOUNT 08/25/05 ********$670 . 08 TO THE POINT SOURCE BRANCH ORDER DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 ', 7 TH=•fIGNATNATUR THE REVERSE SIDE OF THIS DOCUMENT INCLUDES AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW 100080 34v 1:0 5 3 L00 7 3 71: 008 L6048 " Fla& NCDENR �l 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 July 25, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lawrence Hayes 7003 2260 0001 3492 6191 Ridge Community Sewer Association 106 Ridge Circle Gastonia, NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0249 Gaston County,NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty+$85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by the Ridge Community Sewer Association for the month of April 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 1�TOne N Phone: 704-663-1699I Fax:704-663-6040I Internet:h2o.enr.state.nc.us O CarO a An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natural& • $ 250.00 For 1 of the one(1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. $ 0 For 0 ofthe one (1) violation of G.S. 143- 215.l(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 335.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: • Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. • In order to request remission,you must complete and submit the enclosed"Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. • • Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. � it ,4r 12 J' -� . �` ,r l',% (,e-sew. (Dates D. Rex Gl son, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No. NC0069175 Case Number LV-2005-0249 Limit Violations, January 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 7.1 * 5.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 8.0 7.5 mg/L * denotes assessment of civil penalty. • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0249 Having been assessed civil penalties totaling $335.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 25, 2005, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE / , • 2) Effluent � NPDES Permit No.: NC0069175 Discharge No 1 Month:APRIL Year: 2005 Facility Name Ridge Community Sewer Class: 1 County: ' 'LGASTON Operator in Responsible Charge: BYRON BUR�HELL Grade WW2 Phone 'ANu 7FD4aS43.76-8P -• ,. :;;,• Certified Laboratory(1): WATER TECH LA (2) �RcS r _ -4 D�u;Ki -" Change in ORC: No Person Coll cting Samples: BYRON BURCHELL ;! : Mail Original and One Copy to: X ., e_ ��'e" """�L Attn: Central Files (Signature 6f Operator in Responsible Charge) JUN Div. Of Water Quality By this signature, I certify that this report is 3 200r 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 A.ER ,..,..", f ...,,,, „yd.... . hfr 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00515"ijai To -0a E .x E mc mv V v Z2Qo P m u> > g 6 a R' cca, 6- me c ' h cpN c . a = - > w ID o -2 C Q 0o3 V , g! N D R = ,6 2 Q1.mC r �" n O ~ ~ L _ 7 a u dN 0 ir pQ d 0 0 . z 1w up O0. LL H OD ab I {- HRS HRS Y/N MGD C S.U. MG/L MG/L MG/L MG/L /100ML MG/L MG/L MG/L MG/L MUL 1 _ 0800 0.5 Y 16.0 2 N ' 3 N 4 j 0800 0 0.5 Y • 0.0040 16.0 <.01 5 0805 0.5 Y 16.0 6 0800 0.5 Y 16.0 �'C 7 0800 .0.5 Y 14.0 6.9 <.01 -r 8.0 ) 1.8 10.0 48 ` 6.4 8 0730 0.5 Y 14.0 �--1 9 N 10 N 11 , 1.130 .0.5 Y 0.0040 16.0 <:01 12 1230 0.5 Y 16.0 13 08900 0.5 Y 1.411 14 1000 0.5 Y 14.0 6.8 <.01 6.1 1.4 13.0 72 6.1 15 0730 0.5 Y 14.0 :. 16 N 17, N 18 0730 0.5 Y 0.0040 15.0 <.01 19 0730 0.5 Y 15.0 , 20 0830 0.5 Y _ 15.0 21 .is 1230 0.5'` Y 15.0:; :`6.9 <.01 62 ;> 22 0730 0.5 Y 16.0 23 N 24 N 25 0730 0.5 ::. Y 0.0040 15.0 : <.01 26 0730 0.5 Y 14.0 27 0800. 0.5 Y 14.0 28 0830 0.5 Y 14.0 6.8 <.01 6.4 29 0830 0.5 Y 15.0 30 N 31 N AVERAGE 0.0040 15.0 0 7_1 i 1.6 11.5 59 6.3 MAXIMUM 0:0040 '16.0.: 6.9 I <:01 8.0 1.8 130 i 72 6.4 MINIMUM "- 0.0040 14.0 6.8 <.01 6.1 1.3 I 10.0 48 6.1 Comp.(C)/Grab(G) G G G G G G G G • 1 Monthly limit 0.0360 5.0 2.0 I 30.0 200 >6 I Daily Maximum I I I 7.5 45.0 400 I I I I 1 • ,•.i, !ill`. `,I.i;ll,: i ricase Lhetk one of the tr th l:it:' '1 Ai! in,'nit"Irirg .!.it.i and .ampltil!' i l Ctluellites illeet per nit i eliutt cttlent\ I .'s' Conq•lr,tnl All Ilir'irin'1 tag data and sampling frequencies do NM-;lied perirnt requirements Noncompliant If the facility is Ilol)conlplialit. please Lotilinerll Oil Lorick.:live actions being taken in Iespect to equipment. operation. maintenance.etc.. and a time-table for improvements to be matte. ` ; �/� =� ecLev Llf ..C.t,6e uses-. c.. 0 r 115i � 7 .1/•-- ..1 certify,under penalty of law, that thin driclurlciu and all attachments were prepared under my direction or supervision in accordance with a system designed to as.we that qualified personnel properly gather and evaluate the iutornlatton submitted. Based on my inquiry of the person or persons whi'manage the system. or those persons directly responsible lttr Lathering the iri format htu. the informatio❑ submitted is,to the best of m) knowledge and belief. Uric. accurate, and complete. I an, aware that there are significant penalties for submitting false information. including the possibility of fines and imprisonment for know,iig violations." ��/?C/7 1.54ilCWe it. • Perrnittce (Please print or type I n__.._ _ _ 9u. E>„ .s� a to /ZO ,5 IS-G- (aide Signa e of ermiticc�* Date (Required) 14.4*--Ar-- —GLS-5.5.— OP/3/A\ Permittee Address -----__._,_,. Phone Number ----- __ Permit Exp. Date PARAMETER CODES 00010 Temperature 0055o Oil & Grease 00951. Total Fluoride 01(h67 Nickel 5(X)(,t) Total 0 076 Turbidity ())60() Total Nitrogen 01(X)2 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Cu) 00610 Ammonia Nitrogen 01092 Zinc Chlorine (X)082 Color(ADMI) (X)625 Total Kicldhal 01027 Cadmium ii! 105 Aluminum Nitrogen 00095 Conductivity (X)630 Nitrates/Nitrites 01032 Hexivalent Chromium it!1-t7 "Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 11616 Fecal Coliform 71900 Mercury 00310 -BODS 0)665 Total Phosphorous727:30 Total Phenolics 8i551 Xylene 00340 COL) (X)720 Cyanide 01037 Total Cobalt 3:23S Benzene (X)400 pH (()745 Total Sulfide 01042 Copper 3-t481 Toluene 00530 Total Suspended tX)927 Total Magnesium 01045 Iron 3i`.26() MBAS Residue 00929 Total Sodium 01()51 Lead 39516 PCBs 00545 Settleable Matter 0)94() Total Chloride 01062 Molybdenum 5tx)51) How Parameter Code assistance may obtained by calling the Point Source ConipirailcetEnft)rt.elrctlt Unit at 04191 73 i-5 (1<4{ or by visiting the Water duality Section'; Web site at '1": --..--eII_state :us:.}}'Q and linking to tiit' t.'nii'n �ri:ri . rrt;atilitt paLe,, . Use only units designated in the reporting facility's permit for reporting data. '()RC must visit taeiliiv and d:'eurnent visitation of fadlit.y ;is required per )5A NC AC`;t' .O?(ii. SO • i — t! ItNitgned by other than the her iIllii;:e. ;Ici .:aiii:ii o sit n;iir•rt 'iilii!rii .i. •.% ,I, lti �'� ;f.. rh; :e .,•ems tf1 !'[ *t' '`S� Q Perrntt "r y KS si;i 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 -OMITS •MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Location1 Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(202C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1 —October 31) BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1—March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen2 Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(°C) Daily Grab Effluent Temperature(2C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream=at least 50 feet upstream from the outfall. Downstream= at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. micnae�r.masiey,uovemor '4p William G. Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 4110 Alan W.Klimek, P.E. Director Division of Water Quality • 'C May 31, 2005 Lawrence Hayes ►J Ridge Community Sewer Association 11' 106 Ridge Cir nC DEPT.OF ENVIRONMENT Gastonia, NC 28052 AND NATI)13" RE50URCES MOORES`,;: OFFICE ve/ SUBJECT: Payment Acknowledgment Civil Penalty Assessment v Ridge Community WWTP JUN 0 7 200'i Permit Number: NC0069175 Case Number: LV-2005-0162 Gaston County Dear Mr. Hayes: This letter is to acknowledge receipt of check number 1683 in the amount of$435.04 received from you dated May 23, 2005. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Q)WPCaroly cc: 4111111111111111111111.1111110111111111WWItr Central Files NorthCarolina ,Naturally 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 RIDGE COMMUNITY SEWER 1683 ASSOCIATION 3611 LITTLE MOUNTAIN RD. • ? GASTONIA, NC 28054 66-112/531 56009 { DATE5-d 3-a 605 ii PAY TO THE n ORDER OF (Q��Ic> v..sa I,l .`.,��n,�Jt�s^a,o � Q. ,ulr, $ 3S ��0't' • $ x� 4-0,,,A.8- �. G*,1~.ii-.� Ala,. Qa o 0 04 A &1A , i tr`' DOLLARS 8 o:,:a":,k" l' BB&IT 4 { BRANCH BANKING AND TRUST COMPANY GASTONIA,NORTH CAROLINA a , 1 FOR IN Aid tip& 9!^S- rL� 1-Y,.J,DOS-6/6 2 i, .zf , :awes C=)--' __. NP t 11°00168311. 1:053i01i21I: i60i0 9 58 5 4116 �an ,:6> NCDENR ✓ North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W.Klimek, P.E., Director April 26, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lawrence Hayes 7003 2260 0001 3551 8661 Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2005-0162 Gaston County,NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.04 ($350.00 civil penalty+ $85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Ridge Community Sewer Association for the month of January 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: Mooresville Regional Office One 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 NorthCarolina Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled/10°k Post Consumer Paper $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. $ 100.00 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ 350.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 435.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one(1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. / (Date) D. Rex eason,P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No.NC0069175 Case Number LV-2005-0162 Limit Violations,January 2005 Monthly Average Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 17.0 * 10.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 25.0 * 15.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) PERMIT NO. NC0069175 ) FILE NO. LV-2005-0162 Having been assessed civil penalties totaling$435.04,for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 26,2005, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2005 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0162 Assessed Party: Ridge Community Sewer Association Permit No. (if applicable): NC0069175 County: Gaston Amount Assessed: $435.04 Please use this form when requesting remission of this civil penalty. You must also complete the " Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: I/ / , 1 Effluent L...47 NPDES Permit No.: NC0069175 Discharge No 1 Month JANUARY Year: 2005 Facility Name Ridge Community Sewer i Class: 1 County: GASTON Operator in Responsible Charge: BYRON BURCHELW Grade WW2 Phone: 704-S13-6682 Certified Laboratory(1): WATER TECH LABS (2) Change in ORC: No Person Collecting Samples: BYRON BURCHELL Mail Original and One Copy to: X /,`fi rfp , �'t ..-C. 1 Attn: Central Files (Signaturi of Operator in Responsible Charge) Div. Of Water Quality By this signature, I certify that this report is Ck:** 1617 Mail Service Center accurate and complete to the best of my knowledge Raleigh, NC 27699-1617 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 00556 00545 70 v s E a c 2 a E m N ° an d V c a, c QU oN W � = v = oN o m 9,ili v o d ID is rx 2 = m A wv O o C i' G a. re C P E 2 7 m 0 x O U 5 - • °'• 6 p O LL H u HRS HRS Y/N MGD C S.U. MG/L MG/L MG/L MG/L /100ML MG/L MG/L+ MG/L MG/L ML/L 1 1355 N 8.0 2 1400 N 8.0 1 1 l 3 0900 0.5 Y 1 10.0 { <.01 I 4 1 4 1333 N ( ! 10.0 I 1 I 5 0939 N 10.0 6 0800 N 12.0 7 0730 0.5 Y 0.0040 15.0 6.7 <.01 9.0 1.7 5.7 69 6.0 8 0800 N 10.0 , -"-• .r, 9 1400 N 10.0 _C.`. 2-�,�E. 10 0745 0.5 Y 10.0 <.01 11 1326 N 10.0 : 12 1117 N I 11.0 13 0700 0.5 Y .0:0040 16.0 6.7 <.01 6.4 4 21.0, 14 1445 N 14.0 _ 15 1032 N 11.0 . 16 1505 N 10.0 17 1535 Y 10.0 _. 18 0700 0.5 Y 8.0 <.01 Y 19 1555 N 8.0 /�`+ 4 20 _ 1030 0.5 Y 0.0040 9.0 6.7 <.01 ( 25.0 I 1.1 11.5 69 6.2 21 0730 Y 8 0. .. 22 N _ _ 23 • N 24 1120 N _ 8.0 25 0730 0.5 Y 6.0 <.01 26 1015 N 8.0 1 1 27 0900 0.75, Y 0.0040 8.0 - 6.7 <.01 6.4 28 0800 Y 8.0 29 N so 30 1552 N 8.0 31 0800 N 8.0 " t I i 1 } AVERAGE 0.0040 9.7 • <.01 17.0' 1.4 ! 8.6 1 69 1 6.3 1 MAXIMUM 0.0040.1 16.0 6.7 <.01 2..0 1.7 1 11.5 [ 69 1 6.4 MINIMUM 10.00401 6.6 6.7 I <.01 1 9.0 f 1.1 j 5.7 1 69 1 6.0 1 Comp.(C)/Grab(G) I 1 G I G I G I G 1 G j G G G Monthly limit 10.03601 1 1 r1S:E-1 4.0 1 30.0 1 200 1 >6 1 Daily Maximum 1 1 f 1. 1 1 45.0 1 400 1 1 ;D. i .Facility Status: (Please check one of the following) �- l i t/ All monitoring data and sampling frequencies meet permit requirements -C-ozipliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc., and a time-table for improvements to be made. "I certify,under penalty of law,that this document amd.all attacwats-wear prepared under my dhection 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." W I/tee'/7 Z l/<<'/c/7/ Permiiiee (Please print or type) Signof Permittee** . Date (Required) fl ll'// _ .L 75‘,-- S- . 5 (/3 //o.S--- Pore Address Phone Number Permit�Date -- 2_S r(fI L/ e5 /t/ - PARAMBTER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total S}kUt 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 GODS 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS Residue 00929 Total Sodium 01051 Lead 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow • Parameter Code assistance may obtained by calling the Point Source Complianr/Enforr went Unit at(919)733-5083 or by visiting the Water Quality Section's web site at h2o.ear,state.nc us/wQJ and linking to the Unit's information pages. Use only units designated in the reporting facility's permit for reporting data. SO SZ23i *ORC must visit facility and document visitation of facility as required per 15A NCAC 8G-.0204. **If signed by ether than the pe tmittee;delegation of signatory authority must be on fila with the state per 15A NCAC 2B .0506(b) (2)(D).. • Perrnat 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 Type Sample Locations Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(20°C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1 —October 31) BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen2 Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(2C) Daily Grab Effluent Temperature(2C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream= at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. 4X11)-4-`-/ -Atz NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director December 6, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3551 7770 Mr.Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV-2004-LV-0578 Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County Dear Mr. Hayes: A review of the September 2004 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Biochemical Oxygen Demand 9.5 mg/L 7.5 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations.If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D.Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional office One 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 NorthCarohna Phone: 704-663-1699/Fax:704-663-6040/Internet:h2o.enr.state.nc.us Naturally An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr.,Secretary Alan W. Klimek, P.E., Director November 29, 2004 Neal Stover Ridge Community Sewer Association 3611 Little Mountain Road Gastonia, NC 28056 Subject: Renewal Notice NPDES Permit NC0069175 Ridge Community WWTP Gaston County Dear Permittee: Your NPDES permit expires on August 31, 2005. Federal (40 CFR 122.41)and North Carolina(15A NCAC 2H.0105(e))regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than March 4, 2005. Failure to request renewal by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 2005,the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, eMG OEPT. C ONf IEP tO- lAhlf(/// sL OFFICE Charles H.Weaver,Jr. NOV 3 C 2004 NPDES Unit cc: Central Files Mooresville Regional Office,Water Quality Secti`'ailler • ."41P1 `j NPDES File ^ !JAI 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One 512 North Salisbury Street,Raleigh,North Carolina 27604 North Carolina Phone: 919 733-5083,extension 511/FAX 919 733-0719/charles.weaver@ncmail.net Naturally An Equal Opportunity/Affirmative Action Employer-50%Recycledl10%Post Consumer Paper NPDES Permit NC0069175 Ridge Community WWTP Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative.Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater Industrial facilities classified as Primary Industries (see Appendices A D to Title 40 of the Code of Federal Regulations,Part 122) and ALL Municipal facilities with a permitted flow>_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater(cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver,Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 FR Michael F.Easley,Governor cy C- William G.Ross Jr.,Secretary rNorth Carolina Department of Enviromnent and Natural Resources .cpip , Alan W.Klimek,P.E.Director Division of Water Quality 7)1./.j-()I 1 September 8, 2004 Lawrence Hayes Ridge Community Sewer Assoc. ..,, ' --— 106 Rdg Circle _^`''^ ::e.I3 Gastonia, NC 28052 SUBJECT: PAYMENT ACKNOWLEDGMENT CIVIL PENALTY ASSESSMENT SEP 1 3 200A Ridge Community WWTP Gaston COUNTY PERMIT NO: NC0069175 LV-2004-0373 IV P.77 , m,q ra. Dear Mr. Hayes: This letter is to acknowledge receipt of check No. 1653 in the amount of$335.04 received from you dated August 30, 2004. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at 919-733-5083 Ext.547. Sincerely, , I.1 el. 4 ,‘, Coleen Sullins cc: Enforcement File#: LV-2004-0373 dIraftsville Regional Office - ,. Central Files One NprthCarolina ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: h2o.enr.state.nc.us 512 N.Salisbury Si Raleigh,NC 27604 FAX (919)733-2496 1-877-623-6748 tea._w,._:....__..,_. ..._., ., ,L. :.- — _ _ �'J"S'�m/+�.snn-L-mom-'�:T'. .�153�'[' C?ffi�.^.'S� Lem=�ffiIDy,yT•_5�2..... � �RIDGE COMMUNITY SEWER ASSOCIATION 1653 3611 LITTLE MOUNTAIN RD. GASTONIA,NC 28054 66-112/531 1. 56009 DATE g-3c.- 0F(4 PAY TO THE a ORDER OF D F Hl a `� I_ 1`1 .._I-{v iiL., ct ct 6J L Gk d rw i-ky 1u,t .;_. Z-A U a,,v3 6„„,c'( .%c,c DOLLARS e wee R si BB&F BRANCH BANKING AND TRUST COMPANY GASTONIA,NORTH CAROLINA FOR /VC 60 4 7 (A/P' es Q Tsa E 11'00 LE, 5311' ':053L01L2LI: L60L09585411' u: 1'r'r`(-6�v,. Michael P.Easlc�l.6overnorr 0 w ArF9G• / William G.Ross Jr..Secretary , 7 North Carolina Department of Environment and Natural Resources Alan W.Klimek.P.E.Director Division of Water Quality August 12, 2004 CERTIFIED MAIL 7003 2260 0001 3550 2608 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052-6792 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No.NC0069175 Ridge Community WWTP Case No. LV-2004-0373 Gaston County,NC Dear Mr. Hayes: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty+ $85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Ridge Community Sewer Association for the month of May 2004. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against the Ridge Community Sewer Association: N""a,,�Carolina Naturally N.C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 335.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality, (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally, (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations;or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: • Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) D. Rex Gleason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Ridge Community Sewer Association Ridge Community WWTP NPDES Permit No. NC0069175 Case Number LV-2004-0373 Limit Violations, May 2004 Monthly Average Limit Violations Parameter Reported Value Limit Units Ammonia Nitrogen 2.5 * 2.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) PERMIT NO. NC0069175 ) FILE NO. LV-2004-0373 Having been assessed civil penalties totaling S335.04 for violation(s)as set forth in the assessment document of the Division of Water Quality dated August 12.2004,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2004 BY ADDRESS TELEPHONE EFFLUEN l NPDES PERMIT NO. / /73— DIC .HARGE NO. .e MONTH l77 n �� 4 FACILITY NAME 1 . (11ni/�1G! / YEAR 4,/r �„ f// CLASS COUNTY �� /�—.t/ • OPERATOR IN RESPONSIBL • CH , ( RC) /^^ll � CERTIFIED LABORATORIES (I) CZ�l '>'- 11��1z'/✓ GRADE,�L Pt IC>NE 9^ �--��i�_/, �', �'< z (_) CHECK BOX IF ORC HAS CHANGED PERSON(S)COLLECTING SAMPLES- -. /! - ‘�C1 - // Mail ORIGINAL and ONE COPY to: - ! • (4:,;,,,..,ATTN:CENTRAL FILES �� y • DIV.OF ENVIRONMENTAL MANAGEMENT (SI , XE OF UP41/ A UR 1 'ESPUNSIDLE Cl IARGE)}`•-• ` DA�`T/E 1)EHNR BY TILLTURF I CERTIFY THAT THIS REPORT LC P.O.BOX 29535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH. NC 27626-0535 50050 00010 00400 150060 00310 00610 00530 I 31616 00300 00600' 00665 I I I E • FLOW w ENTER PARAMETER CODE L.L) (=.__ ai EFF _ •Lcl <Z a c a j ABOVE NAME AND UNITS FLs,' i. ot�] iq 1NF ._?fn <Z ZL'" ' j �C LiZ aLtil O BELOW Li -* c 3� �' p� sc..) r.O� �ZO !� �J <V aC p =.... g r VL p Z • witlim, HRS FIRS Y/N MGD •C , UNITS O UC/1. MG/I. MG/I. MG/L #/1DOML MG/L MG/L MG/1. -,_ I 3 %;f7- .� /r <.c J 4 4/ I I 50 70 •s"y , 6041 , A7 <..nI ,24 3 I$r3I 7, a . ' 6 Ai i I 7 A/ / I 8 1() l� /� ..LtA1't�t:`iT$t�+F i t7-s^Vt~- ` ()t 11 G I�y'2 - j 12b-or ,5 r001- ,d, -e•Qi lP/lam 13 Az, 14 14 ly ` ( i[l.^ A 2)2' 16 p 17 N N 18 19,,/ .5 •op y' _ G.� le,01 L • /'GPI 3.tt ./ T r.: ;s,• 1,.:-.t 20! Ao 21 11Rt eti 2" , 13 241 Ae1 a2 25 Al .1 - 1 26 /s , v 27//11 'Cu (-1"(-1" 7 , rid<•e( AZ-4* . IG,1r• 28 1 P.3 I I I 1 I 29 1 30 I I I 31c .IV 11 1 Ie AVERAGE ,/ 7 / s I •NO 7' � 1 - .E'I /r a�,5 �d 7� C .5 I I MAXIMUM ' tc©� eR1 let r1" I<.•0( a, .3 R.5 .71 4:,� I l MINIMUM [004 /g a., . <-CI L . 1,I, 3 L/ 7 1 6 r I I Comp.(C)/Grab(G) I Monthly Limit I "" I I DEM Form MR-1 (12/93) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant • All monitoring data and sampling frequencies do NOT meet permit requirements .. • Noncompliant if the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenanci and a time table for improvements to be made. 414 Ifit !.r/.QS 4 o vim' • .S-- "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accort 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 signific penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." '}yi ti i Permitt (Please pri or type ig ure o'Permittee** Date g6.7,- ..7_S(3- TN;et C z Permittee Address Phone Number Permit Exp.D PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co)- 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldt 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal CoIiform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD - 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead .50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. • - - * ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B). ** If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506(I (2)(D). 11,14 �:.ti•••c�t�ti'1. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS �`''`' During the period beginning on the effective date of this permit and lasting until expiration,the Permitter 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 Type Sample Locations Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(202C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1—October 31) BOD,5-day(209C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1—March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(2C) Daily Grab Effluent Temperature(2C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream= at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. WC DEPT.OF ENVIRONMENT AND NATURAL REa`I!1PCES MOORESVIL1..E'" ' '?+' gar= DICE Mr. Richard Bridgeman .8c / „ Div.of Water Quality Mooresville Regional Office ' AUG 1 8 2004 919 North Main Street Mooresville,NC 28115 Subject: Response to Compliance Evalution Ridge Community Sewer NPDES Permit No.NC0069175 WATER Q+�II SECTION Dear Mr.Bridgeman, In response to the compliance evaluation that was conducted by Barry Love on June 30,2004. I have a brief explanation for each item starting with Section C and under Section D: Summary of Findings. Attempts are being made to contact the previous ORC for the information and the return of the operator log books and records.Amendments will be submitted in duplicate. Operations&Maint.: Laboratory: Application for Field Parameters Certification is in Progress. Record Keeping: Attempts are being made to collect the records and ORC visitation log book from previous ORC. New logs have been made from Feb.-Current with newly constructed data sheets. Upstream/Downstream Sampling: Attempts are being made to contact previous ORC to collect this information. Section D Summary of Findings: Attempts are being made to collect this information from previous ORC.Records and ORC visitation log books are still in his possession. Also Feb/04 DMR will be resubmitted. After discussion with Barry Love,it was concluded that my printed name,signature and the permittee's address will be proper information on the back of the DMR.New copy of Signatory Authority will be submitted. I appreciate the helpful advise by Mr.Love on reconstructing my log book.after a year it was hard to remember all the proper sequence of information. Any further questions or information needed,I can be contacted at 704-867-0753 or 704-813-6881 cell . Sincerely, Byron K. Burchell 0"W ATFR Michael F.Easley.Govc or )0 Ot pG William G.Ross Jr..Secretary y North Carolina Dcpanmcnt of Environment and Natural Resources r Alan W.Klimek.P.E.Director O - - Division of Water Quality Colccn H.Sullins.Deputy Director Division of Water Quality July 30, 2004 CERTIFIED MAIL CM#7003 1680 0004 0876 0028 RETURN RECEIPT REQUESTED Mr. Lawrence Hayes Ridge Community Sewer Association 106 Ridge Circle Gastonia,NC 28052 Subject: Notice of Violation NCGS 143-215.1(a) Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 NOV-2004-PC-0099 Gaston County,NC Dear Mr. Hayes: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on June 30, 2004 by Mr. Barry Love of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report to him. This report is being issued as a Notice of Violation(NOV)because of violations of the subject permit as detailed under the Summary of Findings, Sand Filters,Record Keeping, and Upstream/Downstream Sampling headings. The cited monitoring violations had not been cited under either a NOV or a civil penalty assessment document. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation 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. Should this Office make an enforcement recommendation relative to the violations,you will be advised in writing. It is requested that a written response be submitted to this Office by August 18, 2004 addressing the violations/deficiencies noted under the Summary of Findings, Sand Filters, Record Keeping,and Upstream/Downstream Sampling headings of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. MENft No Carolina Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623- Naturally 6748 Mr. Lawrence Hayes Notice of Violation Page Two The report should be self-explanatory; however, should you have any questions, please do not hesitate to contact Mr. Love or me at(704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department BL 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 1J 2 IJ 31 NC0069175 111 121 04:06/?o 117 18 Li 19 u 2011 Remarks 211 I I 1 I I I 1 1 111 11 1 1 I 1 I 1111 I I LI 11 1 I 1 111 11 _I I I 1 I I 1 1166 Inspection Work Days Facility Seff-Monitoring Evaluation Rating B1 QA Reserved 67 3.0 169 7011 71 1J 721 J 731 1 174 751 1 1 1 1 1 1 1 80 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:40 AM 04/0E130 02./01/01 Ridge Community WWTF 318 South Marietta Road Exit Time/Date Permit Expiration Date Gastonia NC 1805. 12:30 PM 04/08r30 .5 OS 31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Byron K Burcnell/ORC/70-i-813-3500/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Lawrence Haver,10r Rdc Cir Gastonia NC 28052 r i i Yes Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ® Permit II Flow Measurement II Operations&Maintenance k Records/Reports A Self-Monitoring Program II Sludge Handling Disposal II Facility Site Review 111 Effluent/Receiving Waters Li Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Sign(!Sigry(!1 of inspector(s) Agency/Office/Phone and Fax Numbers Date Barrio/r 7F.'ove MRC WQi;704-56:-169 704-Cc3-604C Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridoeman 704-6S -:Cc5;704-6.E;-6040 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. • • NPDES yr/mo/day Inspection Type (coast.) 1 31 NC0069175 111 12( 04;of/30 111 18 I rl Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Effluent Sampling Continued DMR's were reviewed for the period of April 2003 through March 2004. Monitoring violations are as follows: -Effluent temperature was not monitored daily 12 times in April, 3 in May, 2 in June, 14 in July, once in September, 11 in November, and once in December 2003. -Total residual chlorine was monitored only once the weeks of May 4-10, 11-17, July 27-August August 3-9, and September 21-27, 2003, and January 18-24, 2004. -pH was not monitored for the month of November 2003. -In April 2003 both pH samples were collected within a period of less than ten days. Twice per month sampling requires a 10 day interval between the collection of the samples. -In July 2003 BOD, NH3, TSR, and Fecal Coliform were collected with less than a ten day interval between collection of samples. The February 2004 DMR was not on file in this Office. The ORC stated that only one copy had been sent in. The permit requires that the DMR be signed and submitted in duplicate. The ORC said he would resubmit the DMR. Two limit violations were reported during the review period. Those limit violations are as follows: -A monthly average NH3 violation was reported for the month of April 2003. This violation has been previously assessed. -A monthly average NH3 violation was reported for the month of June 2003. This was previously addressed in a Notice of Violation from this Office. Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association-Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation Permit Yee Nn NA NF (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? • 0 0 0 Are there any special conditions for the permit? 0 • 0 0 Is access to the plant site restricted to the general public? • 0 0 0 Is the inspector granted access to all areas for inspection? U ❑ ❑ ❑ Comment: Operations&Maintenance Yes Nn NA NF Does the plant have general safety structures in place such as rails around or covers over tanks,pits,or wells? I ❑ ❑ ❑ Is the plant generally clean with acceptable housekeeping? U ❑ ❑ ❑ Comment: Yes Nn NA NF Disinfection _ 1y Type of system? f q "t Are cylinders secured adequately? ❑ ❑ E ❑ Are cylinders protected from direct sunlight? 0 0 • 0 Is there adequate reserve supply of disinfectant? ❑ ❑ E ❑ Is ventilation equipment operational? ❑ ❑ E1 ❑ Is ventilation equipment properly located? 00 . 0 Is SCBA equipment available on site? 0 0 • 0 Is SCBA equipment operational? 0 0 • 0 Is staff trained is operating SCBA equipment? 00 . 0 Is staff trained in emergency procedures? 00 . 0 Is an evacuation plan in place? 0 0 • 0 Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? M ❑ ❑ ❑ Number of tubes in use? 1 (Sodium Hypochlorite)Is pump feed system operational? ❑ ❑ E ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) 0 0 • 0 Is the level of chlorine residual acceptable? MOOD Is there adequate detention time • 0 0 0 Is the contact chamber free of growth,or sludge buildup? U ❑ ❑ ❑ Comment: Yes Tank Nn NA NF (If pumps are used)Is an audible and visual alarm operational? 00110 Is septic tank pumped on a schedule? U ❑ ❑ ❑ Is the distribution box level and watertight? 00110 Are pumps or syphons operating properly? 0 0 0 • Are high and low water alarms operating properly? 00 . 0 Comment:The septic tank was last pumped out in February 2004. The ORC stated that they intend to pump the septic tank twice a year. ,Sand Filters(Low rate) Yes Nn NA NF (If pumps are used)Is an audible and visible alarm Present and operational? 0 0 • 0 Is the distribution box level and watertight? U ❑ ❑ 0 Is sand filter free of ponding? 01100 Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association-Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation Sand Filters(l ow rate) Yes No NA NF Is the sand filter effluent re-circulated at a valid ratio? 0 0 • 0 Is the sand filter surface free of algae or excessive vegetation? 0 • ❑ 0 Comment:New sand is needed to reduce ponding. The lower sand filter was mostly covered with algae. Water was ponding along one side and at the distribution box to the extent that tadpoles were present in the water. The permit requires that the facility be properly operated and maintained at all times. The permittee is seeking grant money to upgrade the plant(rebuild distribution boxes and replace sand). J ahoratory Yes No NA NF Are field parameters performed by certified personnel or laboratory? ❑ E1 ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? 0 0 0 Is the facility using a contract lab? U ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? U ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? U ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ E ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 00110 Comment:The ORC was not certified to do field parameters at the time of the inspection. He was in the process of getting certified. Flow Measurement- Effluent Yes No NA NF Is flow meter used for reporting? 0 . 00 Is flow meter calibrated annually? 00 . 0 Is flow meter operating properly? 0 0 • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 • 0 Comment:Effluent flow is measured instantaneously by a dose counter. Record Keeoing Yes No NA NF Are records kept and maintained as required by the permit? ❑ E ❑ ❑ Is all required information readily available,complete and current? ❑ E ❑ ❑ Are all records maintained for 3 years(lab.reg.required 5 years)? 00011 Are analytical results consistent with data reported on DMRs? U ❑ ❑ ❑ Are sampling and analysis data adequate and include: ❑ E ❑ ❑ Dates,times and location of sampling U Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses • Transported COCs U Plant records are adequate,available and include ❑ E ❑ ❑ O&M Manual 0 As built Engineering drawings ❑ Schedules and dates of equipment maintenance and repairs ❑ Are DMRs complete:do they include all permit parameters? . 000 Has the facility submitted its annual compliance report to users? 000 . (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 111 0 Is the ORC visitation log available and current? 0 . 00 Is the ORC certified at grade equal to or higher than the facility classification? U ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? • 0 0 • Permit: NC0069175 Owner-Facility: Ridge Community Sewer Association-Ridge Community WWTP Inspection Date: 06/30/04 Inspection Type: Compliance Evaluation Rer.orrf Keeping Yns Na NA NF Is a copy of the current NPDES permit available on site? • ❑ ❑ ❑ Is the facility description verified as contained in the NPDES permit? • 0 0 0 Does the facility analyze process control parameters,for example:MLSS.MCRT,Settleable Solids,DO,Sludge 00110 Judge,pH,and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ❑ 0 ❑ • Comment:The current ORC has been operating the plant since January 2004. All records maintained by the previous ORC were still in his possession and not available for review. The permittee is required to maintain copies of all records for 3 years and sludge records for 5 years. The ORC had lost his log book just a few days previous to the inspection,so it was not available for review. j=fflitent Samnlino. Yes Nn NA NF Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? • 0 ❑ 0 Is proper volume collected? U 0 0 0 Is the tubing clean? ❑ ❑ U ❑ Is proper temperature set for sample storage(kept al 1.0 to 4.4 degrees Celsius)? U ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? • 0 ❑ 0 Comment:Please refer to the Summary Section in regard to monitoring and limit violations. Upstream/Downstream Samolinq. Yes Nn NA NF Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ❑ • ❑ ❑ Comment:No upstream/downstream sampling data was submitted for the month of October 2003. The upstream/downstream form was not included with the DMR. Fffli tent Pine Yes Nn NA NF Is right of way to the outfall properly maintained? • ❑ 0 ❑ Are receiving water free of solids and floatable wastewater materials? • ❑ 0 ❑ Are the receiving waters free of solids/debris? • ❑ ❑ 0 Are the receiving waters free of foam other than a trace? 1110013 Are the receiving waters free of sludge worms? U ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment:The receiving stream did not appear to be negatively impacted. lirr09: 12 FAX 704 9226812 Byron Burchell 002 r � DE-1N1. Division of Water Quality 9i9 N.Main Si. Mooresville,NC 28115 Attention: ivir.Richard iiricigernan Subject: Response to Compliance Evaluation Inspection Ridge Community 10/31/02 November 27,2002 Dear Mr.Bridgman: In response to the inspection at Ridge Community Waste Water facility by Wes Bell,1 have advised the permittee of the problems noted under the Facility Site Review/Operation&Maintenance sections. A backhoe has been contracted to prevent storm run off into one of the sandbeds.The black corrugated pipe bas been replaced. I am also requesting an mention for collecting information from previous ORC needed to satisfy the violations in the Self Monitoring Section. Please consider my request due to the fact that the previous ORC tailed to report this information. I will continue to try and contact Mr. Richard Hughes. 1 have advised the pernuttee on how to read&check the information on his permit to the DMR. If you need any further information please contact me at 704-813-3500. Sincerely, Byron K Burchell l 09: 12 FAX 704 9226812 Byron Burchell R 001 plipPi q �jj7,t1; (1)F W A TE9v Michael F.Easley Governor \Q 7 William G.Ross,Jr.,Secretary r North Carolina Department of Environment and Natural Resources > -1 Alan W.Klimek,P.E., Director p '< Division of Water Quality • February 27,2003 Mr.Neal Stover,President Ridge Community Sewer Association 3611 Little Mountain Road Gastonia,North Carolina 28054 Subject: NOV/NRE Response Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 Gaston County,N.C. Dear Mr. Stover: This office received the former ORCs' response to the Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE)issued November 6,2002,regarding the numerous monitoring violations at the subject WWTP. In light of the facility's current compliance status and the fact that the former ORC (prior to May 2002)had been dismissed,this office has decided not to recommend enforcement at this time.The ORC(prior to May 2002)indicated that you did not have copies of all monitoring information(i.e. laboratory analyses,chain of custody forms,etc.)required by the NPDES Permit. Please be advised that the NPDES Permit requires that the Permittee keep all monitoring information, including all calibration and maintenance records,for a period of three years. In addition,it is the Permittee's responsibility to assure that the contracted ORC has complied with all conditions of the NPDES Permit. The report should be self-explanatory;however,should you have any questions concerning this report,please do not hesitate to contact Mr. Wes Bell or me at(704) 663-1699. Sincerely, / tX"-- lk D.Rex Gleason,P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department WB Cus b vice Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1 800 623-7748 FAX (704) 663-6040 14/1146 • F WATF O 9 O� C- Mitt ahl F.Easley Governor r William G.Ross,Jr.,Secretary >_ North Carolina Department of Environment and Natural Resources Alan W.Klimek,Director Division of Water Quality November 6, 2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0005 0288 0388 Mr.Neal Stover, President Ridge Community Sewer Association 3611 Little Mountain Road Gastonia,North Carolina 28054 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection Ridge Community WWTP NPDES Permit No. NC0069175 Gaston County,N.C. Dear Mr. Stover: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on October 31,2002,by Mr. Wes Bell of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation(NOV) and Notice of Recommendation for Enforcement(NRE)because of the numerous monitoring violations of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Self-Monitoring Section of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars($25,000.00)per violation,per day 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. It is requested that a written response be submitted to this Office by November 27. 2002, addressing the deficiencies noted in the Self-Monitoring Section of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. NCDENR Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1 800 623-7748 FAX (704) 663-6040 I NOV/NRE Mr,Neal Stover Page Two This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the monitoring/reporting violations of G.S. 143.215.1(a)and the NPDES Permit No.NC0069175. If you have an explanation for the violations that you wish to present, please include same in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his consideration. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Mr. Bell or me at(704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department WB dorrP et% US Environmental Protection Agency,Washington,D.C.,20460 - Form Approved. A ) Water Compliance Inspection ReportOMB Approval No Expires s 57 - �. r� h p h `? Expires 8-31-98 NC Division of Water Quality/Mooresville Regional Office NCDENR '‘tection;IA ZationalDatsSystem4 oding Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type N 5 NC0069175 02/10/31 C S 2 Remarks: Inspection Work Days Facility Evaluation Rating BI QA Reserved 1.5 2 N N Section B:Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Ridge Community WWTP 11:12 am 02/01/01 Charlwood Drive south of Gastonia Gaston County,North Carolina Exit Time/Date: Permit Expiration Date: 11:29 am 05/08/31 02/10/31 Name(s)of On-Site Representative(s)/Title(s)/Phone No(s)/Fax No(s): Mr.Byron Burchell/ORC/704-813-3500 Name and Address of Responsible Official: Title:President Mr.Neal Stover Ridge Community Sewer Association 3611 Little Mountain Road Phone No: Contacted? Gastonia,North Carolina 28054 704-864-3146 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) X Permit X Flow Measurement X Operations&Maintenance X Sewer Overflow X Records/Reports X Self-Monitoring Program X Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: Section D:Summary of Findings/Comments See Attached Sheet(s) for Summary. Name(s)and Signature(s)of Inspectors: Agency/Office/Telephone No: Date: Wes Bell NCDWQ/MOORESVILLE/(704)663-1699 11/5/02 Date: Signature of Management QA Reviewer: Agency/Office/Phone&Fax No: Date: EPA Form 3560-3(Rev.9-94)Previous editions are obsolete Ridge Community WWTP Page Two The facility was last inspected by Roberto Scheller of this office on January 4,2000. PERMIT: The permit authorizes the continued operation of an existing 0.01 MGD wastewater treatment system consisting of a septic/dosing tank,distribution box, dual surface sandfilter beds, and chlorine contact chamber with tablet chlorination. The permit for this facility became effective on 1/1/02 and expires on 8/31/05. The review period of the self-monitoring reports covered the requirements of the previously issued permit. RECORDS AND REPORTS: The Operator-in-Responsible Charge(ORC)visitation log, daily operation and maintenance logs, process control data, sludge removal data, and the calibration logs were reviewed during the inspection. The records were complete and well organized. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The positioning of one of the sandbeds allows the intrusion of stormwater runoff. The ORC must insure that all organic material (including leaves, sticks, etc.) and any sediment (eroded from the soil)are removed. Sediment and silt will bind with the sand in the filter bed and inhibit filtration. In addition, the ORC indicated that both sandbeds are periodically tilled. Please be advised that tilling should only be performed when there are no solids, sediment, vegetation, etc. in the sand. Tilling with solids, sediment, vegetation, etc. in the sand will relocate the solids deep into the sandbed which creates filtration and treatment efficiency problems. At the time of the inspection,the laterals in one of the sandbeds were in the process of being replaced with black corrugated pipe (with predrilled holes). The ORC must insure that the entire sandbed is utilized to optimize treatment efficiency. The laterals (in both sandbeds) appeared level and the sand had been raked. Also no vegetation was noted in the beds. The facility appeared to be effectively treating the wastewater. The facility is staffed with one Grade II ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: Water Tech Laboratory, Inc. (Certification#50) in Granite Falls,N.C. has been contracted to provide analytical support. The laboratory was not evaluated during this inspection. The ORC indicated that he was in the process of submitting an application for a laboratory certification to perform on-site field analyses. Mr. Chet Whiting (Division's Laboratory Certification Unit) has been notified. The pH,TRC,and DO meters and thermometer appeared to be properly calibrated. The ORC must insure that all meter calibrations are documented to verify that the meters are calibrated prior to the analyses. Ridge Community WWTP Page Three EFFLUENT/RECEIVING WATERS: The facility discharges into an unnamed tributary to Blackwood Creek,which is a Class C water in the Catawba River Basin. The effluent discharge was clear with no suspended solids or foam. The outfall discharge location was accessible and well maintained. The receiving stream did not appear to be negatively impacted by the discharge. A review of the DMRs indicated numerous TRC values in excess of 28,ug/1. Be aware that a stream action level of 17,ug/l has been established for total residual chlorine for chronic toxicity effects. An action level of 28 µg/1 has been set as the maximum allowable effluent concentration to protect the receiving stream against acute toxicity effects. Please maintain the total residual chlorine concentration as low as possible,while still complying with fecal coliform limits. SELF-MONITORING PROGRAM: Self-monitoring reports were reviewed for the period August 2001 through July 2002, inclusive. A daily maximum BOD violation was reported on December 7, 2001. A separate NOV was issued for this violation.Note: A new ORC assumed the operation and maintenance duties and compliance oversight(at this facility)in May 2002. The following monitoring violations were noted: - No effluent temperature was reported on October 11, October 16, and December 21, 2001 and February 5, March 11, March 19, March 20, April 1, April 2, April 4, April 8, April 9, April 15, April 16, April 22, April 23, and April 29, 2002. -Only one TRC was reported for the weeks of September 31 through October 6, October 28 through November 3,and December 23 through December 29, and December 30, 2001 through January 5, January 20 through January 26, January 27 through February 2,March 3 through March 9,March 24 through March 30, March 31 through April 6, and April 21 through April 27,2002. -No effluent conductivity was reported for the weeks of October 28 through November 3, and the entire month of December 2001 (4 total violations). - Only one effluent pH value was reported for the month of December 2001. - No effluent dissolved oxygen (DO) was reported for the weeks of December 30, 2001 through January 5 and March 31 through April 6,2002. -No effluent flow was reported for the weeks of December 30, 2001 through January 5 and March 31 through April 6, 2002. - No upstream conductivity was reported for the weeks of October 28 through November 3, November 4 through November 10,November 11 through November 17, and the entire month of December 2001 (4 total violations). -No downstream conductivity was reported for the weeks of October 28 through November 3 and the entire month of December 2001 (4 total violations). -No upstream and downstream fecal coliform were reported for the entire month of December 2001 (4 total violations). -No upstream and downstream temperature and DO were reported for the weeks of December 30, 2001 through January 5 and March 31 through April 6, 2002. Note: If any of the monitoring violations were inadvertent transcription errors,then amended DMRs should be resubmitted to the Division. Ridge Community WWTP Page Four SELF-MONITORING PROGRAM cont'd: The ORC did not sign the front of the October 2001 DMR. In addition, values for effluent flow and temperature were reported on April 31, 2002. Please be advised that the ORC and permittee must insure that all DMRs are accurate and complete before submittal to the Division. The ORC indicated that a letter delegating signature authority(to allow the ORC's signature) was submitted to this office;however,the letter could not be found in the file at this office. Please resubmit a copy of this letter to this office. Please be advised that a delegation of signature authority letter must be submitted to this office as required by 15A NCAC 2B .0506(b) and NPDES Permit. All samples appeared to have been collected and analyzed within the required holding times. The upstream and downstream locations appeared to be consistent with permit requirements. Rating: Unsatisfactory (This section is rated unsatisfactory due to the numerous monitoring violations) FLOW MEASUREMENT: Effluent flow is measured instantaneously by a digital dose counter. SLUDGE DISPOSAL: Septage is removed by Stanley Septic Tank Service,Inc.and land applied at an approved site in Gaston County. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection,pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Overflows and spills occurring 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. A written report shall also be provided within (5) days of the time of the incident. The report shall contain a description of the bypass,and its cause;the period of the bypass, including exact dates and times, and if the bypass has not been corrected,the anticipated time it is expected to continue; and steps taken(or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters(i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system,pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. a / h,• .,,c ji) ek).31 CepkV Wheel F.Easley,Governor O>i WATF9 William G.Ross Jr.,Secretary CG North Carolina Department of Envirorsnsnt and Natural Resources r Alan W.IQsnsk,P.E.Director Division of Water Ousiity O < 9/2/03 Bryon McCall Ridge Community Sewer Association 122 Ridge Creek Gastonia,NC 28056 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Ridge Community WWTP Gaston County Permit No:NC0069175 LV-2003-0532 Dear Mr.McCall: This letter is to acknowledge receipt of check No.1603 in the amount of$335.04 received from you dated August 26,2003. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes,Regulations,or Permits. If you have any questions,please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, For Coleen Sullins,Deputy Director Division of Water Quality cc: Enforcement File#:LV-2003-0532 Mooresville Regional Office Supervisor Central Files NC DEr'T.OF Er l I1RONMENT 1617 tea Service Center Raleigh,roc27ND-1i17 (a 'RAT I.i^N l_ ilYteroi irlld►g too 829-nob • MOORES, OFFICE SEP 0 8 2003 g4 4 W A TF9 Michael F.Easley,Governor �0�Q William G.Ross Jr.,Secretary 1 North Carolina Department of Environment and Natural Resources 1/ j(��W v` —i Alan W.Klimek,P.E.,Director 75�imainsir Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality August 5, 2003 CERTI}'LED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8286 6662 Mr. Bryon McCall, President Ridge Community Sewer Association 122 Ridge Creek Gastonia,NC 28056 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No. NC0069175 Ridge Community WWTP Case No. LV-2003-0532 Gaston County,NC Dear Mr. McCall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty+$85.04 enforcement costs) against the Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring reports(DMR) submitted by the Ridge Community Sewer Association for the month of April 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Ridge Community Sewer Association: AT NCDEN Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623 6748 $ 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0069175, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. $ 250.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 335.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide detnils regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. S' 2c�v3 / ), /2.f AL , (Date) D. Rex Gleagon, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Ridge Community Sewer Association NPDES Permit No. NC0069175 Case Number LV-2003-0532 Limit Violations, April 2003 Month Average Limit Violations Parameter Reported Value Limit Units Ammonia Nitrogen 4.6 * 2.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Association ) PERMIT NO. NC0069175 ) FILE NO. LV-2003-0532 Having been assessed civil penalties totaling S335.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 5, 2003, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2003 BY ADDRESS TELEPHONE k r ,..; erviiE . • . Effluent �, _ i _ ` NPDES NO. NC0069175 DISCHARGE NO 001 MONTH April YEAR. 2003 FACILITY NAME Ridge Community CLASS: I cowry. Gaston OPERATOR IN RESPONSIBLE CHARGE(ORC) Bill Hodge GRADE IV PHONE(828)287-8858 Certified Laboratories(1) Water Tech Labs.Inc. (2) CHECK BOX IF ORC HAS CHANGED PERSON(S)COLLECTING SAMPLES: Bill Hodge Mau ORIGINAL and ONE COPY to: ATTN.:Central Files // 16 of Water Quality 161"Mail Service e Center X /$43 RALEIGH,NC 27699-1617 (SIGNATURE OF OPERATOR IN PONSIBLE CHARGE) DA BY THIS SIGNATURE.I CERTIFY THAT THIS REPORT IS - ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 5(0)50 0001() 0040() 50060 0031(1 00610 00530 31316 0030() 11060() 00665 00940 rTRP3Rf•TGA3B 1 00095 00110 FLAW ENTER PARAMETER CODE ABOVE NAME AND UNITS INF U BELOW } z oe y tr: t ` -Ym zC Y CO)-. - < . C `-1 L O < 1.. t. Yoy zv _ vi _ 2 . E - <C C U W = i • t- m la. F- F- 1= HRS HRS Y/N MGD -C UNITS MG/L MG/L MG/L MG/L 0/IOOML MG/L MG/L MG/L MG/L P/F 26% uarhas MG/L I 19;45 0.5 y 0.00601 12 6.9 0.1 6.6 8;50 03 y 11 4.1 7.6 6.2 4 4 15:20 03 y 0.0060 12 0.1 ` 7 20;10 03 y 0.0300 13 <0.1 Atr.ixtt Tr-.` - `•Ir3,;F.,.1=.,-! a 1 Mrzctr. ti^=S 10 18:00 03 y 10.0060 • 13 6.7 <0.1 8,8 fie.. - li 12 1 0.0060 13 I • JUh t a ly-7 14 20;10 0.5 y 0.0060 15 <0.1 6.4 �l w 15 16 18:10 0.8 y 0.0060 14 17 1 tO 18;20 0.6 y 0.0060 14 <0.1 6-3 If;�t. /1:;" r// , . r 19 20 0.0060 - - - 21 22 18:00 1.2 y 0.0060 14 0.1 6-1 23 8:30 0.2 y 3.1 1.6 7 76 24 25 19:32 0.8 y 0.0060 15 <0.1 26 1 28 19:00 OS y 0.0060 14 <0.1 6.6 29 30 31 AVERAGE 0.0025 13.4 1111. 0.10 3.6 4.60 6.6 - 17 - 6.80 !MAXIMUM 0.03 15 6.9 0.1 4.1 7 76 8.8 MINIMUM 11 6.7 <.20 3.1 1.6_ 6.2 4 6.1 Comp.(C/Grab(G) Contin. G G G G G G G G Monthly Limit 0.01 >6-<9 I 5/10 4 30/45 200/4001 >6 2,Q DE?t Form MR-1(12/93) . . 1 Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements x Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc., and a time table for improvements to be made. "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Neil Stover Pernittee(Please print or type) P �1 s� o3 Signature of Permittee" Date 3611 Little Mtn.Rd.Gastonia.NC 28056 704 864 3146 Aug.31,2005 Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 01062 Molybdenum 00530 Total Suspended 00927 Total Magnesium 38260 MBAS 00410 Total Alkalinity Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at(919)733-5083,extension 547 The monthly average for fecal coliform is to be reported as a GEOMETRIC mean.Use only units designated in the reporting facility's permit for reporting data. 'ORC must visit facility and document visitation of facility as required per 15A NCAC 8A.0202(b)(5)(B). "If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2)(D). Permit 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 Type Sample Locations Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(20°C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1 —October 31) BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1 —October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen2 Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(°C) Daily Grab Effluent Temperature(°C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. 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. • DEPT,or AND MAWR, MOORFsv' SEP 1 2 no EPTEMBER 11. 2003 k%ifigLITY SiXTION, E . WATER QUALITY REGIONAL SUPERVISOR NC DEPT OF ENVIROMENT AND NATURAL RESOURCES 919 NORTH MAIN STREET MOORESVILLE NC 28115 DEAR MR.GLEASON, FORTHCOMING COORESPONDENCE YOUR OFFICE MAY HAVE WITH THt.R1DGE ,20,4,WAIMIZAPt-SSWE'r-ATSTMATION. PLEASE SEND FUTURE LETTERS ETC.TO: Avv-RF-rsit-_-E 106 RIDGE CIRCLE GASTONIA NC 28052-(i)r)q 2- i 11,7 iViTa i II-4N. SINCERELY, /07," LAWRENCE IlAYES WATF9 Pe O� pG Michael F.Easley,Governor William G.Ross Jr.,Secretary > y 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 September 8, 2003 CERTIFIED MAIL RETURN RECEIPT RE UESTED 7001 2510 0004 8287 5992 Mr. Bryon McCall, President Ridge Community Sewer Association 122 Ridge Circle Gastonia,NC 28052 Subject: Notice of Violation-Effluent Limitations Ridge Community WWTP NPDES Permit No.NC0069175 NOV-2003-LV 0138 Gaston County Dear Mr. McCall: A review of the June 2003 self-monitoring report for the subject facility revealed a violation of the following parameter: 121ne Parameter 001 Reported Value Limit Ammonia Nitrogen 2.27 m g/L 2.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a S Consent. You may contact Richard Bridgeman of this Office for additional inform pedal information. Order by If you have questions concerning this matter,please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcment Unit RMB Phone 704-663-1699 Mooresville Regional Office,919 North Main Scree ��t,Mooresville,North Carolina 28115 NCDENR Fax 704-663-6040 Customer Service 1-877-623-6748 02/28/2001 15:17 919-715-6048 DWG! NON DISCHARGE BR PAGE 03 PROCEDURE 4 REQUEST FORM DATE: 2 2f-01 ►: OM: Mooresville Regional Office,Water Quality Section TO tq Kristin Miguez rillANP Non-Discharge Permitting Unit State Engineering Review Group (919) 733-5083 x524 Fax (919) 715-6048 Application Number: b(°Kg" ,--county: cc-I aXl y Applicant: T OWV'1 p 4 i• id_ Project Name: WPS s r 3b nReceivin Facility: TbWY t ibrb Permit# u 55 Flow Volume: GPD Flow Type: A Dom. Com. Ind. gf(1l� Engineer: ¶M.4,L9,6 {.Ql _ SOC project? yes_moo i Approval: ;i enial: Comme s: a(� • 1 �-�� �---s Regional Signature' _ Application Number: w a L't 1€53 County: aaRfin Applicant: 3w-1i \ -elfleYl Teievia Ihness �i►�1 i2{n Project Name: Receiving Facility: RIM tcrilmotil- ax Permit## N 000119 115 K Flow Volume: a) GPD Flow ype: /0 Dom. Com. Ind. Engineer. V Dkr ny . MUret SOC project? yes no Approval: Denial: Comments: 'MI •0100 . 00c- Regional Signature: l l OF\NATF9 Michael F. Easley O� pG Aa Governor v� 7 NCDENR William G. Ross,Jr., Secretary r North Carolina Department of EnvirorPiDNEMIONIMMarces AND NATUPEs � c M00RE01_r4 r Flq r4C. r ua y �dl y bs. February 28,2001 MAR 1 3 2001 NEAL STOVER RIDGE COMMUNITY SEWER ASSOCIATION 3611 LITTLE MOUNTAIN Road Gastonia,NC 28052 WATER QUAlTY SECTION Subject: Renewal Notic NPDES Permit NC0069175 RIDGE COMMUNITY WWTP Gaston County Dear Permittee: The subject permit expires on September 30,2001. North Carolina Administrative Code(15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than April 5,2001. Failure to request renewal of the permit by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30,2001 (or if continuation of the permit is desired),the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute‘.I43-215.1 and could result in assessment of civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact Bob Sledge of the Division's Compliance Enforcement Unit at(919)733-5083,extension 547. You may also contact the Mooresville Regional Office at(704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions,please contact me. My telephone number,fax number and e-mail address are listed at the bottom of this page. Sincerely, CL 1 i Valery Stephens 111 Point Source Branch cc: Central Files 11011.1111111111.11111111111111.11111111111111 NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail:valery.stephens@ncmail.net NPDES Permit NC0069175 RIDGE COMMUNITY SEWER ASSOCIATION Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of April 5, 2001, submit the application package without the PPA. Submit the PPA as soon as possible after April 5,2001. The above requirement does NOT apply to municipal or nonindustrial facilities. ttttttt,Ettttt PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Tr t't'tt't't,t'trttt Send the completed renewal package to: Ms. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 State of North Carolina Department of Environment 11:Tir. A and Natural Resources F Division of Water Quality Michael F. Easley, Governor NcDENR Willam G. Ross Jr., Secretary Alan Klimek P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES • // March 3, 2003 c\P: MR. BRYON MCCALL, PRESIDENT 122 RIDGE CREEK GASTONIA, NC 28056 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT RIDGE COMMUNITY WWTP GASTON COUNTY PERMIT NO: NC0069175 LV 03-116 Dear Mr.Mccall: This letter is to acknowledge receipt of check No. 1580 in the amount of $335.45 received from you dated February 26, 2003. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at(919) 733-5083. Sincerely, 6vii 712 (idel-A - Coleen Sullins, Chief NCOEPT• �� w. .".r ii P Water Quality Section MID NATURAL RESOURCES �ORESVII At OFPIC Cc: Enforcement File#: LV 03-116 MAR 1 Q 2003 MRO Regional Office Supervisor Central Files W* gin°'r�I( 1617 Mail Service Center,Raleigh,NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper O�O� W TA ,9 Mich I F.Evernyr ,/ Governor William G.Ross,Jr.,Secretary >_ North Carolina Department of Environment and Natural Resources -71 Alan W.Klimek,P.E., Director Division of Water Quality February 12, 2003 CERTIFIED MAIL 7001 2510 0005 0287 8576 RETURN RECEIPT REQUESTED Mr. Neal Stover,President Ridge Community Sewer Association 3611 Little Mountain Road Gastonia,NC 28054 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No. NC0069175 Ridge Community WWII' Case No. LV 03-116 Gaston County Dear Mr. Stover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount • of $335.45 ($250.00 civil penalty+ $85.45 enforcement costs) against Ridge Community Sewer Association. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by Ridge Community Sewer Association for the month of August 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0069175. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that Ridge Community Sewer Association violated the terms, conditions or requirements of NPDES Permit No. NC0069175 and North Carolina General Statute(G.S.) 143-215.1(aX6)in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment ainst Ridge Community Sewer Association: NCDENR Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1 800 623-7748 FAX (704) 663-6040 u O $ 2 So' For / of the one(1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0069175,by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Biochemical Oxygen Demand. $ -z S`� ' TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. $ 3 3 S- TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Failure to exercise one of the options above within thirty days,as evidenced by a date stamp(not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Dale)) D. Rex G son,P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB • Attachment A Ridge Community Sewer Authority Ridge Community WWTP NPDES Permit No. NC0069175 Case Number LV 03-116 Limit Violations,August 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Biochemical Oxygen Demand 12.5 * 7.5 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Ridge Community Sewer Authority ) ) PERMIT NO. NC0069175 ) FILE NO. LV 03-116 Having been assessed civil penalties totaling for violation(s)as set forth in the assessment document of the Division of Water Quality dated ,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2003 BY ADDRESS TELEPHONE Permit;,. • • 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 Pcrmittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Location1 Average Maximum Frequency Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD,5-day(202C) 5.0 mg/L 7.5 mg/L 2/Month Grab Effluent (April 1—October 31) BOD,5-day(20°C) 10.0 mg/L 15.0 mg/L 2/Month Grab Effluent (November 1—March 31) Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N 2.0 mg/L 2/Month Grab Effluent (April 1—October 31) NH3 as N 4.0 mg/L 2/Month Grab Effluent (November 1 —March 31) Dissolved Oxygen2 Weekly Grab Effluent, Upstream&Downstream Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Total Residual Chlorine 2/Week Grab Effluent Temperature(2C) Daily Grab Effluent Temperature(2C) Weekly Grab Upstream&Downstream pH3 2/Month Grab Effluent Footnotes: 1. Upstream= at least 50 feet upstream from the outfall. Downstream=at least 300 feet downstream from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L 3. 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. • • Facility Status:(Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant .t. All monitoring data and sampling frequencies do NOT meet permit requirements _ Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc., and a time table for improvements to be made. �f 72, �.PcdQ 7 OK �57e10 c� sec/,sKX �4- Glees keid J1 ael d C fit 6 . ij�s "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." fD4 ?cite Permittee dtPlease print or type) 444, 19/ /dY Signatuft Permittee** Date jr q inPr • 70 Permittee Ad s 3l % / /Q ' 7090 Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride _ 01067 Nickel 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver • SOQ60 Total 00080 Color(Pt-Co) 00610 Ammonia Nitrogen. 01092 Zinc Chsidual Ch 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadmium lorine 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147-Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen . 01034 Chromium 31616 Fecal Colifonn 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow 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 requiredper 15A NCAC 8A.0202(b)(5)(B). e.UO% ** If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506(b) (2)(D). • EFFLUENT \\\/k` • NPLES PERMIT NO CO°4'gi% DISCHARGE NO. � MONTH ,4��lSf f YEAR P.-� ITY NAME "Kid9 Co e , ►41VrI1 sAy et CLASS / COUNT' -S�A) OPERATOR IN RESPONSIBLE (ppRC) GRADE PHONEj,� S3_JjL-1D • CER111-IED LABORATORIES(1)Hi 6L '/' C.4 (2) CHECK BOX IF ORC HAS CHANGED 0 PERSON(S)COLLECTING SAMPLES -yrocn Wu.r�_Av1/ Mail ORIGINAL and ONE COPY to: d 1, ATTN:CENTRAL FILES x 1 //3070, DIV.OF ENVIRONMENTAL MANAGEMENT (SIN RE O OPERATOR IN RESPONSIBLE CHARGE) DATE{ DEHNR BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS P.O.BOX 29535 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. RALEIGH, NC 27626-0535 50050 • 00010 00400 50060 00310 00610 00530 31616 1 00300 00600 00665 m u d FLOW ENTER PARAMETER CODE cs v_ ABOVE NAME AND UNITS L`.0 E EFF ®/ F Li: 'a QZ °w. gL fps'Z ,s C 11 BELOW Q8 `c^ a INF ❑ a' =a pV ZV gip^ QC; >c:: <^ e� E- ..N a a yvl x p o Op E„z Uw y .8. ., E- `_ al i u 0 �W �7� a I) =N z<r- Can i. e )X C— == U E. z -' I. ,c E E- n a c:.v _ �p E-= - - pE, C �a F �Q az � v_ z _C dbafi L HRS FIRS Y/N MGD °C UNITS SC6l1MG MG/L MG/L I MG/L #/100ML MG/L MG/L I MG/L 11 7 i_4- 1 .vz 1 1 I I 31 N 41 A T I S 6 y A� I I I 7 1.017 .S \J .0o4 ALf' '7.0 .oz:(/Z�S . .S «.- I �1 b. .._ 1 sl �4 2-� I I .- : -_:r. _ 9 7 .�� .07� 10 1 -- 11 l 121 y -2s 1 I I 13` v a. I r I NCI!l/ n 6 ��'2n C2 14/vo .S y .00l I .oz 1 I I I( . ' I 1s • .1.5- - 16 A(' .oy 17 18 /t/ I I I . ?1 ,,.." 19 a 20 Y 2-{r 21 /l s ' rOO>t/' ,' '; .4: :.: .ob 42 ...5 <"- + ./ 444 • . 22 Y 23 y az 24 N I 25 /X A(74 I 27 : . :v'f _ 28 y 29,2D ., lit >y _ ^.• ' � 301 .o=- 31 , , , 1 AVERAGE .DO Lf y .pY Lf.Z; 0 o Q I G.7 11 31 MAXIMUM :OO4/ .2•/ -i•o +6Y,./Z+S G 5 4 Z L I : • 7: 1 { r- MINIMUM . 00 Li r'LY 6 4 .O2e 4.2 14.5- 14Z I L( .4 1 I II Comp.(C)7 Grab(G) t 1 ( Monthly Limit . D I I ,. -' a. 1305 110 I I i 1 DEM Form MR-1 (12/93) Fast Track Worksheet Case Number LV 03 116 Facility Name Ridge Community WWTP Permit Number NC0069175 Previous Case Statutory Maximun $10,000 in the Last No per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor= • 1 0 20 03 0 40 0 6 1.00 1.0o Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty 1 1 BOD5 Weekly avg/daily $250 l $250.00 max 1 Grand Total Penalty $250.00 Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. 2.50 Comments Prepared by Richard Bridgeman !Service Ca. 14 P.O.Box 5 Oakboro,NC.28129 Phone 7044743014 Fax 704-474-3014 May 18,2002 Richard Bridgeman DWQ/NCDENR 919 North Main St. Mooresville,NC 28115 RE: Notice of Violation December 2001 Ridge Community WWTP NPDES No. 0069175 Dear Mr.Bridgeman, This letter is in response to your letter asking about possible lab errors or an explanation for the elevated BOD5 sampled in December 2001. As you know contract labs run hundreds of samples per year,and sometimes even quality control measures don't pin down exact reasons for the results we get(good or bad),but we must report the results on the DMR that is why so many BOD5 samples were pulled in December to prove the elevated BOD5 was just that ONE ELEVATED SAMPLE,out of many that were pulled during the year. As to why this happens could be a multitude of things; including but not limited to the following: 1. Poor sample handling at the contract lab. 2.Poor sample handling in the field. 3. Septic dose tank has two dose bells that dose two sand filter beds, maybe this dose cycle was interrupted causing one bed to be dosed twice. 4. Leaves falling from trees in/around the chlorine contact tank could have caused this elevated result. Although any of the above could have caused the problem,one thing is for sure the problem did not present itself again when sampling was stepped up and as you know this extra sampling and troubleshooting of the system has cost Ridge Community to prove this system was not upset,so having a civil penalty assessed for this would not recognize the efforts of our team in respects to this violation,also the cost of conducting a civil assessment could run more than the actual fine assessed. In closing I would like to say we are commited to the enviroment and do everything possible to consistantly provide a better than permit quality of effluent into the waters of North Carolina. If there are any father questions or concerns not addressed in this letter please contact me at 704-474-3014. Sincerely, VeDEPT.OF ENV'2'AEU r AND NATUr .,;,R.ES Richard J.Hughes MOOREhv; ,..,. ORC Ridge Community F MAY 2 1 2002 pf uu t. 1 • rev.„ F WATT / �� 9PG Michael F.Easley ✓ Governor William G.Ross,Jr.,Secretary > _ Department of Environment and Natural Resources 'C Gregory J.Thorpe,Ph.D.,Acting Director Division of Water Quality May 9,2002 ot>1 a5tc p0o5 15a81 L73y CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.Neal Stover,President Ridge Community Sewer Association 3611 Little Mountain Road Gastonia,NC 28054 Subject: Notice of Violation-Effluent Limitations Ridge Community WWTP NPDES Permit No.NC0069175 Gaston County,NC Dear Mr. Stover: A review of the December 2001 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Biochemical Oxygen Demand 31.4 mg/L 15.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. As indicated in the comments section on the reverse side of the Discharge Monitoring Report for December 2001,the noncompliant BOD5 value is very atypical for this facility;the effluent concentration typically reported is either 2 mg/L or<2.0 mg/L. What is missing from the comments is a possible explanation for the apparent violation. The reported value meets the criteria set forth for a civil penalty assessment; however,prior to initiating an enforcement action an opportunity is given for you to provide an explanation for the violation. If a laboratory error is suspected,your contract laboratory needs to provide you with a written explanation. Please respond in writing within ten(10)days following receipt of this Notice to the attention of Mr. Richard Bridgeman at the letterhead address. If you have questions concerning this matter,please do not hesitate to contact either Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason,P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit Mr. Richard Hughes,ORC NLD NR : Customer Service Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704)663-1699 1 800 623-7748 Fax (704)663-6040 1 / .l�Ef�':'20`�2. 08: 45 FAX 704 9226812 Byron Burchell (�j002 -- 0 • Date: j7, ?f �� aems FACILITY NAME: foG6 Ca07.e7044 J W NPDES PERMIT#: _A? 00 9/75 DISCHARGE #: [X1f . Delegate authority to_*1 se4i4eall ._-.---- - - - . - . - -- 7 For subau�aion of a DMR monthly monitoring report form MR-1 and/or MR-3 as applicable to be filed with the DIVISION OF WATER QUALITY,RALEIGH NC. IPState of North Carolina Department of Environment Aand Natural Resources • Division of Water Quality - ir Michael F. Easley, Governor NcDENR William G. Ross Jr., Secretary r Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ;_ GE ENVIRONMENT AND NATURAL RESOURCES January 17, 2002 JAN 2 2 2002 CHARLES D. JONES, DEACON SOUTH GASTONIA PENTACOSTAL HOLINESS CHURCH 205 DAVIS HIGHTS DRIVE GASTONIA,NC 28053 . . � ,of li Subject: Permit No. WQ0019653 (modification) South Gastonia Pentecostal Holiness Church South Gastonia Pentecostal Holiness Church Wastewater Collection System Extension Gaston County Dear Mr.Jones: In accordance with your application received October 29, 2001, we are forwarding herewith Permit No. WQ0019653,dated January 17, 2002,to the South Gastonia Pentecostal Holiness Church for the construction and operation of the subject wastewater collection system extension. The modification to this permit is to include a variance to 15A NCAC 2H .0200 and the Gravity Sewer Minimum Design Criteria document to allow for the installation of 4-inch gravity sewer. This permit shall be effective from the date of issuance until rescinded, shall void Permit No. WQ0019653 issued March 27, 2001, and shall be subject to the conditions and limitations as specified therein. This cover letter shall be considered a part of this permit and is therefore incorporated therein by reference. Please pay particular attention to Permit Condition 3 which requires that the wastewater collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or any individual system- wide collection system permit issued to the Permittee. Permitting of this project does not constitute an acceptance of any part of the project that does not meet 15A NCAC 2H.0200; 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. Issuance of this permit indicates that the Division has granted a variance to 15A NCAC 2H .0200 and the Gravity Sewer Minimum Design Criteria document to allow for the installation approximately 530 of 4-inch gravity sewer in lieu of the previously permitted 6-inch gravity sewer. 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. 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. 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 South Gastonia Pentecostal Holiness Church for the construction and operation of approximately 530 linear feet of 4-inch gravity sewer to serve one 200-seat church as part of the South Gastonia Pentecostal Holiness Church project, and the 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper discharge of 600 gallons per day of collected domestic wastewater into the Ridge Community Sewer Association's existing sewerage system,pursuant to the application received October 29,2001, and in conformity with 15A NCAC 2H .0200; 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. The sewage and wastewater collected by this system shall be treated in the Ridge Community Sewer Association Wastewater Treatment Facility (Permit No. NC0069175)prior to being discharged into the receiving stream. This permit shall become voidable unless the agreement between South Gastonia Pentecostal Holiness Church and Ridge Community Sewer Association for the collection and final treatment of wastewater is in full force and effect. Construction of the subject wastewater collection system shall not commence until approval for the construction and operation of these sewers has been obtained from the Metropolitan Sewerage District of Buncombe County. 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 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. If you need additional information concerning this matter, please contact Kristin E. Miguez at (919)733-5083 extension 524. Sinc e Gregory J.Thorpe,Ph.D. cc: Gaston County Health Department Mooresville Regional Office,Water Quality Section(WWTF Permit No. NC0069175) Johnny Murdock,PE Ridge Community Sewer Association(3611 Little Mountain Road,Gastonia,NC 28052) Central Files NDPU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH WASTEWATER COLLECTION SYSTEM EXTENSION 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 wastewater collection facilities are constructed in accordance with the conditions of this permit; 15A NCAC 2H .0200; 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. 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. 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 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H.0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected at least three times per week until July 1, 2000; thereafter, pump stations shall be inspected at least daily, as defined in 15A NCAC 2B .0503(5), until July 1, 2001; and thereafter, pump stations shall be inspected every day. 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-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. 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. 4. 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. 1 5. 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. 6. Upon completion of construction and prior to operation of these permitted facilities, a certification, a copy of the construction record drawings, as well as supporting design calculations for any pump stations permitted as part of this project shall be received from a North Carolina-licensed Professional Engineer certifying that the facilities have been installed in accordance with this permit; 15A NCAC 2H .0200; 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 Main adopted June 1, 2000 as applicable; 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. A copy of the construction record drawings, indicating the facilities constructed in the phase being certified, shall be submitted with each partial certification. Mail the Engineer's Certification, one copy of the "Construction Record Drawings", and one copy of the supporting design calculations to the Non-Discharge Permitting Unit, 1617 Mail Service Center,Raleigh,NC 27699-1617. 7. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of the wastewater collection facilities. 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; 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. 9. 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. 10. 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 NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663- 1699, 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 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 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. 2 Permit issued this the seventeenth day of January,2002 NORTH, AROLINA NV ONMENTAL MANAGEMENT COMMISSION Gregory J.Thorpe,Ph.D.,Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0019653 3 Permit No. WQ0019653 January 17,2002 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 project, , for the Project Name Location and County 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 2H.0200; 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: The above Engineer's Certification shall be completed and submitted to the address below with one copy of the "Construction Record Drawings"of the wastewater collection system extension as well as supporting design calculations for any pump stations permitted as part of this project. This project shall not be considered complete nor allowed to operate until this Engineer's Certification and all required supporting documentation have been received by the Division. 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. NORTH CAROLINA DIVISION OF WATER QUALITY WATER QUALITY SECTION NON-DISCHARGE PERMITTING UNIT 1617 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27699-1617 4 t W A TMichael F. Easley ,1_ Governor � 7SN William G. Ross,Jr.,Secretary NCDENRNorth Carolina Department of Environment and Natural Resources itv < Nc r�J..' bis' V.,Acting Director AND N T P-+t."t' TOWWater Quality MOORESViLLE t:EGtG,' ;. December 7,2001 Ms.Glenda M.Jones 1 0 2001 Gaston County Natural Resources Department DEC 1303 Cherryville Highway Dallas,North Carolina 28034 I'I r. rr!'�� � ;$ Subject:Issu ins E 175 'I Ridge ommunity WWTP Gaston County Dear Ms.Jones This letter is in response to a letter you faxed the Division on October 4,2001. Your letter listed several questions regarding the subject permit. Accordingly,we offer the following points in response to those raised in your letter: ❖ Fecal coliform discharge from the subject facility has been well below permit limits for the past 3 years. It is unlikely that this system is a primary contributor to the fecal coliform impairment downstream in Crowders Creek. ❖ The corrective measures performed by the U.S.EPA in regard to the Superfund site at 2307 Davis Park Road concentrated on the drinking-water supply for the residents in the area and did not address domestic wastewater disposal. The subject facility's wastewater is 100%domestic and is not related to the groundwater contamination in the area. The contaminated groundwater plume is not being treated by the subject facility. ❖ Failure to renew this permit would deprive the Ridge Community's residents of their most cost-effective method of wastewater disposal. ❖ The Ridge Community will not have sewer connections available for 5-10 years (see attached correspondence from the City of Gastonia). ❖ The two enforcements against the subject facility have been resolved to the satisfaction of the Division. At the most recent facility inspection,personnel from the NC DENR Mooresville Regional Office were satisfied with the facility's condition and recommended renewal of the permit without additional restrictions for the permittee. The subject facility is like many small wastewater treatment plants permitted by the Division. While it is not our most preferred means of wastewater disposal,it is the most practical solution for this particular site until the City of Gastonia expands sewer service in that area of the County. If you have any additional questions concerning this permit,please contact Charles Weaver at telephone number(919) 733-5083,extension 511. Sincerely, ORIGI NLSIGNED IGwN SOBS •SUSA Gregory J.Thorpe,Ph.D. cc: Central Files Mooresville < ' NPDES Unit N.C.Division of Water Quality/NPDES Unit Phone:(919)733-5083 1617 Mail Service Center,Raleigh,NC 27699-1617 fax:(919)733-0719 Internet:h2o.enr.state.nc.us DENR Customer Service Center 1 800 623-7748