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NC0032808_Regional Office Physical File Scan Up To 12/11/2020
Facility information NPDES permit #: Facility name: WWTP class: WWTP type: WWTP location address: Responsible official: Responsible official's title: Official's location: Phone numbers: 828-586-1556 828-293-3243 828-507-4894 cell Operator information ORC & grade level: Back-up ORC(s): Permit information Date issued: Expiration date: Stream information Stream name & river basin: Sub -basin: 04-04-02 Stream classification: C Instream Waste Conc: 2.15% Summer cfs: 0.6 cfs Other information: Directions: NCO032808 Jackson Co. Morningstar of Jackson WWTP - Marquis Property Management, LLC (formerly: Ensley Adult Care Center) 11 0.0085 MGD extended aeration WWTP with: two 1,000 gallon septic tanks at head of plant to catch grease; manual bar screen; aeration basin; clarifier with sludge return; aerobic digestor; and ultraviolet disinfection 505 Racking Cove Road; Sylva, NC 28779 William Hammonds (as of 2-1-2008) owner 505 Racking Cove Road; Sylva, NC 28779 Patsy Gunner — Morningstar - Administrator William Mills, ORC — TWASA Water Plant William (h): 400 Purple Mtn Rd; Sylva 28779 William .H. Mills — Grade III — Cert # 7911 "'Steven Buchanan — Grade II — Cert # 13375 3-27-2008 10-31-2012 Blanton Branch; Little Tennessee River Bsn. Quad: Grid: F 6 NW Drainage area sq mi: 1.4 Ave streamflow cfs: 3.1 Winter cfs: no data See following pages for directions and map. Ensley Adult Care Home Inc NCO032808 828-586-4002 Directions from: NC DENR US 70 Hwy, Swannanoa, NC 28778 To: Ensley Adult Care Home Inc; 505 Racking Cove Road; Sylva, NC 28779 D1stance1 Maneuvers,,,'.. !._ 1: Start out going WEST on US-70 / BLACK MOUNTAIN 2.4 miles HWY toward NEW SALEM RD. `�>2: Turn LEFT onto PORTER COVE RD. 03: Merge onto - 1-40 W. Merge onto US-74 W via EXIT 27 toward 4: CLYDE / WAYNESVILLE / MURPHY / ATLANTA / MAGGIE VALLEY 74 5: Merge onto US-74 W / US-23 S. <>6:Turh LEFT onto RACKING COVE ROAD End at Ensley Adult Care Home Inc 7' 505 Racking Cove Road, Sylva, NC 28779 Total Est. Time: 59 minutes Total Est. Distance: 50.98 miles 0.1 miles 27.4 miles 1.3 miles 19.4 miles 0.2 miles All rights reserved. Use Subject to License/Copyright These directions are informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. 61 o / �- i�!o r -e- (!:�7r, W AT ,��'QGr r o � March 27, 2008 WILLIAM H MILLS MORNIN STAR OF JACKSON 505 RACING COVE RD SYLVA NC 28778 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Ra'tural Resources CoTeei� H-Sullins.=Directo- ivisi�On o�i Wat� Q li �y MAR 2 8 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: NPDES Permit Modification- Name/Ownership Change Morningstar of Jackson Permit# NCO032808 Jackson County Dear Mr. Mills: 4brm o-r L V yts I y A G1 Li �� r C A Division personnel have reviewed and approved your request for name/ownership change of the subject permit received on March 20W. This permit modification documents the change of ownership and name of the above reference facility. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 350. Sincerely, fColeen H. Sullins cc: Central Files AshevtU C)ffice, Surface Water Protection Fran McPherson, NCDENR, DWQ, Budget (letter only) NPDES File NCO032808 No�rthCarolina Naiara!!y 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 Permit NCO032808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Marquis Property Management, LLC is hereby authorized to discharge wastewater from a facility located at the Morningstar of Jackson 505 Racf iing Cove Road Sylva Jackson County to receiving waters designated as Blanton Branch in subbasin 04-04-02. of the Little Tennessee 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 March 27, 2008.. This permit and authorization to discharge shall expire at midnight on October 31, 2012. Signed this day March 27, 2008. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO032808 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. Marquis Property Management, LLC is hereby authorized to: 1. Continue to operate an existing 0.0085 MGD treatment system with ultraviolet disinfection. Morningstar of Jackson W vTP off Ra$gLng Cov e 2. Discharge from said treatment works at the location specified on the . attached map into Blanton Branch, classified. C waters in subbasin 04-04-02 of the Little Tennessee River Basin. Permit NCO032808 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: PARAMETER ;LIMITS . MONITORING REQUIREMENTS Monthly. -Average Daily Maximum Measurement .Frequency. Sample Type Sample Location Flow 0.0085 MGD Weekly Instantaneous influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly 'Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorine' 28 pg1L Daily Grab Effluent Temperature (°C) Weekly Grab Effluent pH2 > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Total Residual Chlorine limit and monitoring requirements apply only if chlorine disinfection is used. There shall be no discharge of floating solids or visible foam in other than trace amounts. i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Coleen H. Sullins,.Director October 8, 2007 Mr. Ron Dodson Davis, Davis & Dodson, LLC 505 Rac Cove Road Sylva, NC 28779 Subject: Issuance of NPDES Permit NCO032808 Morningstar WWTP Jackson County Dear Mr. Dodson: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft_ permit sent to you on August 15, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other.Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Y p F.W+Y':•e�'_'V'f h'M55:-� .-.. .vim,! �tidor•.. {.. l A.+a ...: k. f n-:w. d. S' ' • " .. Sincerely, (.� Y 11) i - /� Coleen H. Sazlli OCT 1 1 2007 cc: Central Files A�sshevllleRegaoiial'.Office%Stirface-°Watex Protection I NPDES Unit = WATER QUALITY SECTION i _REGIONA0 L F-ICE William Mills / Morningstar Assisted Living of Sylva [505 Raching Cove Rd; Syl -- -- 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 y""" `'` One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarolina Phone: 919 733-5083 /FAX 919 733-07191 Internet: www.ncwaterquality.org '/ An Equal Opportunity/Affirmative Action Employer> 50% Recycled/10% Post Consumer Paper Naturally Permit NCO032808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE J NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Davis, Davis & Dodson, LLC is hereby authorized to discharge wastewater from a facility located at the Morningstar Assisted Living WWTP 505 Raa ng Cove Road K Sylva Jackson County to receiving waters designated as Blanton Branch in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This'permit shall become effective November 1, 2007. This permit and authorization to discharge shall expire at midnight on October 31, 2012. Signed this day October 8, 2007. goleen H. Sullins, Director Division of Water Quality By, Authority of the Environmental Management Commission Permit NC0032808 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. Morningstar Assisted Living is hereby authorized to: 1. Continue to operate an existing O.0085 MuD extended aeration wastewater treatment system with ultraviolet disinfection. The facility is located at the Morningstar Assisted Living WWTP off Raching Cove Road near Sylva in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into Blanton Branch, classified C waters in •subbasin 04-04-02 of the Little Tennessee River Basin. 1 r ddie O YO • \ -- � � 1 s rrsiiw I \ \\ 1 C-_em i 1� O 19 NV3 10/ 04 „C -ITERIOR1 IOLO ICALJ SU—C-• AEZTOM. v.wcn NCO032808 - Morningstar WWTP Facility Latitude: 35°23'33° Stream Class: C Longitude: 83 09 58 Subbasin: 040402 g o Location + Quad # F6NW Receiving Stream: Blanton Branch Jackson County Permit NC0032808 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: PARAMETER `' LIMITS 'f MONITORING REQUIREMENTS f �.f Monthl y Daily t 'Measurement � Sample Type,, ' Sample Location Maximum Fr'egiiency z ,Average Flow 0.0085 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorine' 28 pg/L Daily Grab Effluent Temperature (°C) Weekly Grab Effluent pH2 > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. Total Residual Chlorine limit and monitoring requirements apply only if chlorine disinfection is used. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. 'Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal colifoma, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B.ypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this .permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous'sampling; or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 25 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. - Version 8 IJ2006 NPDES Permit Standard Conditions . Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) , Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Fag ft Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]') shall be considered = L Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Ha2ardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge., Version 8/1/2006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authon�ty The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe gropertgdamage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant.- Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured duting.the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions L Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial- of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(4) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates, section 301, 302, 306, 307, 308,318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 4405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in.a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or. imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 8/1/2006 NPDES Permit Standard Conditions Page 4 of 16 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. . Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued unifier section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(13)(1) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine'of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306; 307, 308, 318 or 403 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class li penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g,)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work-in any navigable waters. 7. Severability Version 8(112006 NPDES Permit Standard Conditions Page 5 of 16 The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si=atatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision malting functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 8/12006 NPDES Permit -Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penally 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 forknowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being bided by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, exduding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility -is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 81112006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new.ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense Ir 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. BMa� sling 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)] (]) .Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days .before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B)' There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. S. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Ve► bn 8/1/2006 NPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: ' (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Pemzittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part H. E. 6. (b) of this permit (4) The Permittee complied with any remedial measures required under Part H. B. 2. of this permit c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge '(when promulgated) within the time provided in the .regulation, even if the permit is not modified to incorporate the requirement The Permittee shall notify the Permit Issuing Authority of any significant Coe 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 L 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 wastestteam, 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, 4 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 8/12006 NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce rninimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting_ level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's.sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Pem3ittee shall retain records of all monitoring information, including all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report of application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CPR 122.41]: a.. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements;. c. The dates) analyses were performed; c'L The individual(s) who.performed the analyses; Version 8/1/2006 NPDES Permit Standard Conditions. Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this P c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 Section E Reporting Requirements L Change in Dischargee All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Chances The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 U. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged .This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CPR 122.42 (a) & c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Antidpated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the pertnitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (I) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted.on the DMK Version 81112006 NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part H. E. 6. of this permit [40 CFR 122.41 m (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) .(8)]. , 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage. of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidentiaL Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151(b)(2) or in Section 309 of the Federal Act . 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 8/12006 NPDES Permit Standard Conditions , Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR .122.41). 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it -knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 4) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Version 8112006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs� All POTWs must provide adequate notice to the Director of the following - I. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 26121; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;' C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d Any pollutant, including oxygen demanding pollutants (BOD, etc)released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, .or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Versfon 8112006 - NPDES Permit Standard Conditions . Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. l Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) -of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures; and financial provisions contained in its pretreatment program submission and Division approved modifications there of Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUOI The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste SurveZ (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks. Analysis (HWA) for the. development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part H, Section D, and Section E.5.).. 4. Headworks Analysis and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date .of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee"shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (T[ TP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Pemuttee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which srn,,..,a =es the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IIJP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 8112006 NPDES Permit Standard Conditions Page 15 of 16 6. Authorization to Construct FAQ The Permittee shall ensure that an Authorization, to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to. the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring, of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year, 8. SILT Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP,) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CPR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 4403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement. Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR), The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment. Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelvemonths to the Division at the following address: NC DENR / 1DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following; a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b) Pretreatment Program Summary (PPSI A pretreatment program summary (PPS) on specific forms approved by the Division; c) Significant Non -Compliance Report (,NCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Foams I SF1 VersionV112006 NPDES Permit Standard Conc1iti6ns Page 16 of 16 ` Monitoring data from samples collected by both the POTW and the Significant Industrial User (SILT). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a mini* um of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding;and Financial Report The Permittee shallmaintain adequate funding and staffing levels to accomplish: the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version W12006 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director /ngCove Mr. BaiCindy M. Ensley Ensley enter 505 Raoad Sylva, North Carolina 28779 Dear Mr. & Ms. Ensley: April 4, 2003 Subject: Issuance of NPDES Permit NCO032808 Ensley Adult Care Center WWTP Jackson County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on January 22, 2003. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. Sincerely, ORIGINAL SINNED BY SUSAN A. WILSON Alan W. Klimek, P.E. cc: Central Files vieh vieh 11e-Regional Office%Water Qualiaty Sectio>r NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer VISrr US ON THE INTERNET @ http:Uh2o.enr.state.nc.us/NPDES Permit 11C003280-8 X[TJ Permit NCO032808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, -other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Mr. Bailey M. and Ms. Cindy M. Ensley is hereby authorized to discharge wastewater from.a facility located at the Ensley Adult, are Center WWTP 505 Rac - ng Cove Road Sylva Jackson County to receiving waters designated as Blanton Branch in the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2003. This permit and authorization to discharge shall expire at midnight on October 31, 2007. Signed this day April 4, 2003. _. ORIGINAL SIGNED BY SUSAN A. WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission I N va i v -^ Latitude: 35°23'33" Stream Class: C Longitude:83°09'58" Subbasin:040402 Quad # F6NW Receiving Stream: Blanton Branch z Facility ' f s Location NCO032808 - Ensley Adult Care Center W4V7P Jackson County PART I (Continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. Part II Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. S. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Part II Page 3 of 11 8. a. (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part II Page 4of11 1. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Understate law, a civil penalty of not more than ten thousand dollars ($10,000) per violation maybe assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 5 of 11 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G.0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. 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 affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (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: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The 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 DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part II Page 9 of 11 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EntU The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 10 of 11 SECTION E REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Part II Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten (l0) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Ron Dodson Morningstar Assisted Living 505 Racking Cove Road Sylva, NC 28779 January 23, 2007 Subject: Dear Mr. Dodson: 69a-me- ` oiia eJ I n 1l ' v.3 `h ' Michael F. Easley, Governor William G. , Ross Jr., Secretary, _ North Carolina Department of Environment and Natural Resources D`lvisi& o�Wa JAN 2 9 2007 IWATER QUALITY SECTION ASHEVILLE FEOICNAL OFFICE NPDES Permit Modification Permit NCO032808 Morningstar WWTP Formerlv: Enslev Adult Care Center Jackson County. fYlDrn i nor s`iLaf� b ZaaC5on Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on January 22, 2007. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083 extension 363. Sincerely, /Lk , fv� Alan W. Klimek, P.E. cc: Central Files &l e-L—Up Regional mfflce, Surface Water Protection NPDES Unit File On e NCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.ne.us 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Phone (919) 733-7015 Customer Service FAX (919) 733-2496 1-877-623-6748 Permit NCO032808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management'Commission, and the Federal Water Pollution Control Act, as amended, Morningstar Assisted Living is hereby authorized to discharge wastewater from a facility located at the Morningstar WWTP 505 Racking Cove Road Sylva Jackson County to receiving waters designated as Blanton Branch in the Little Tennessee 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 January 22, 2007. This permit and authorization to discharge shall expire at midnight on October 31, 2007. Signed this day January 22, 2007. 61� Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0032808 SUPPLEMENT TO PERMIT COVER SHEET Morningstar Assisted Living are hereby authorized to: 1. Continue to operate an existing 0.0085 MGD extended aeration wastewater treatment system with ultraviolet disinfection. The facility is located in Sylva at Morningstar WWTP at 505 Racking Cove Road in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into Blanton Branch, classified C waters in the Little Tennessee River Basin. Permit NCO032808 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to .discharge from _outfall 001. Such discharges shall be limited and monitored by the Permittee.as specified below: EFFLUENT CHARACTERISTICSu LIMITS Monthly .Weekly Daily Average Average Maximum,_ MONITORING, -REQUIREMENTS'', Measurement Sample Type `Sample Location Flow 0:0085 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (209C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent ' Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent Total Residual Chlorine' Daily Grab Effluent Temperature ('C) Weekly Grab Effluent pH2 Weekly Grab Effluent Footnotes:. I. Total Residual Chlorine monitoring shall apply only if chlorine disinfection is used. 2. 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 I / Requesting renewal of the permit No. NC0032808. We request no chances in the permit at the facility since the facility has a very good record. We request no changes in testing at the facility since it has a very good record. William Mills, ORC Description of the sludge management sludge at the facility is handled by a septic tank truck, and disposed of at Tuckaseigee Wafter and Sewer Authority WWTP No. 1, North River Road, Sylva, NC. i 14M—uuw Hug W 'U1 ('14 P.aIAU°Z M'D,h= ATPLIICAI`IQN - SHtlRi+OM D - -- To be filed only li}i dischargers of 100% domwac wastewater (<I MGD flaw) x a l os► of ater �ty / n1 FMB Unit sources JA N 2 4 2007 1617 M R Se vice Ower, Wei, HC 276W IS U North Carolina NPDES Permit Number I N ko (if known) Please prM or type I. Moab s" of appucaut/perml"M Fgeility Natae owner Name Street Address City State UP Code Telephone Number FOX Number e-nmg Address �r/[/G . /Lf G gli-779 — G//)D X d F15-1 &3i -yaj3 2. 1 ocation of fteOW pacing disch orge: Name Of different from above) BLOW Contact Parson Street Address or State Road cam► / Zip Code county Telephone Number S. Rsason for apPU&tidn: U I I c- Aver aV- -2 - -9 k t� 95 - 3 )LLI 3 .w�.,. nsdon/1ModiSestlon • Existing Unpermitied Discharge Renewal / New Facility * Please provide a description of the expansion/modification; 4. Denalption of the esistiag treater fitefl es piss art 3astai eontponeats vgitb capacttiea): 1� ErK'j^i o� V._uf, :cle:i N�' �r ea+r� �K'' �}�K-- Li T �..... Ili f. c L +'C -Pe Page i G! 2 ViMW 0" NCDENR—DWQ rax:919—?33-0719 Rug 30 '01 ?:15 P.02/02 P1PD a�:R10diT AFPLICATIori - $iiCRT FVRM D To be filed only .by dischargers of 100°/a domestic wastewater (<1 MOD flow) 5. Devedpt€on of wastowlPater (check ati OU Apply): J�qe-of Facility Genera=g Wastewater Industrial Number of Employees r. Commercial Number of Employees Residential Number of Homes School Number of students/Staff Other Describe the sousce(s) of wastewater (example: subdivision, mobile home park, etc.)'. S. Nw nber of separate wastewater discharge pipes (+wtewater ouj:faltis): 1 7. if the faCMtllr has a3dtiptie discharge Out tIIe. fr Md the eoaroe(s) Of WaoteWater for each outFaM. S. 1fafar<e of rieaelvinng �) (provide ,a map sbot�ving -t'he exIct location •of.eac>{x. outfisilj: A61q fA:tQA U fr•Eitoc. I certify that X am familiar vAth the informafdon:contained in the application and that ta-the best -of lay knowledge and belief such information -is true, complete, and accurate. Name of Person Sigm L North Carolltm General Statute 1 W15.BX2) provides that•: Amy person why knowingly makes any faimstatement. representation. or aadifioation in any application, record, report, plan, orOthar document file&or required to t* maintainod underAAlde 21 or regulafions Of rife Environmental Management Gommiseion implementing that Article, orwho falsifies, tampers with, orlafowingly random in=urateany recording or monitoring device or method required to be operated or mairftainad under Article 21 or regulations of the Environmental ManagwneM Commfssien implementing that ArMs, shall be guilty of a mfcdemeanor punishably by a fine not to exceed $10,DDD, or by imprisonment not io exceed six months, or by bath. (16 U.S.C, Se*n 1001 provides a punishmert by a fine cf not mo►e than $10,000 or imprisonment not more than 5 years, or both for a slmflar offense.) Page 2 Ol 2 Version 09 Staff Review and Evaluation NPDES Wastewater Permit 5/29/97 FACILITY INFORMATI011 Facility Ensley Adult Care Home WWTP NPDES No. (NCO032808 Facility Class II STIiF AM C 1 .1Z.ACTERISTICS Stream Name Blanton Branch Stream Class C Sub -basin 04-04-02 Drainage Area (mil) 1.4 S7Q10 (cfs) 0.6 W7Q10 (cfs) Avg (cfs) 3.1 IWC (%) 2.15 Proposed Changes Parameters Affected Basis for change(s) Changed monitoring frequency NH3 .0500 regs from MonthLY to 2/month Changed monitoring frequency Fecal, BOD, TSS, pH .0500 regs from 2/month to weekly Compliance Schedule: N/A Special Condition(s): N/A Permits & Engineering Comments: .0500 Regs - SIC: 8051 Services, Effluent Limited, Class H - extended aeration. Name and Address change with this renewal. No compliance problems. Recommend renewal of NPDES permit with the above change. Prepared by: Regional Office Evaluation and Recommendations: �ac�li'useS JV fV,'Sc Caste oa cJ�r �2�(o�e. �P. IMMA NC D E N* R North Carolina Department of Environment and Beverly Eaves Perdue Governor Mr. William Mills Western Valley Properties, LLC 505 Raching Cove Rd Sylva, N.C. 28779 Is - =&113111111115"111 ; Division of Water Quality Charles Wakild, P.E. Director June 15, 2012 LJ 1 >f JUL — 2 2012 NA i ER G?Up•LITY SECTION Oft rabmo TONAL OFFICE �.� �� :.L�.r:�.:Js'Iiy.t�L::�:[1�.w�:�Y..wni'.1?e.a'lo iL.r}t:. �•. •.. ..�..� 3`�'_�.•'_,'aM A.�iL_2.:.R:..]S'•f.�ik:i..ii�®G��1'06 �Q1•I �••�:kax-`€l/:� Subject: Issuance of NPDES Permit NCO032808 Morningstar of Jackson WWTP Jackson County Secretary Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on April 25, 2012: If any parts, measurement frequencies or sampling requirements contained in this permit are ' unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391. inc e ely, i :C Charles Wakild, P.E. cc: Central Files_ Asheville Regional Office/Surface Water Pro"tecEion, NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna Phone: 919 807-6300 /FAX 919 807-6495 ! http;/Iportal.ncdenr.org/web/wq An Equal OpportunitylAffirmative Action Employer— 50% Recycled110% Post Consumer Paper Naturally Permit NCO032808 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water. Pollution Control Act, as amended, Western Valley Properties, LLC is hereby authorized to discharge wastewater from a facility located at Morningstar of Jackson WWTP 505 Raching Cove Road Sylva Jackson County to receiving waters designated as Blanton Branch in subbasin 04-04-02 of the Little Tennessee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and -IV hereof. This permit shall become effective November 1, 2012. This.permit and authorization to discharge shall expire at midnight on October 31, 2017. Signed this day June 15, 2012 / ", Z IV e Wakild, P.E., Director ion of Water Quality Authority of the Environmental Management Commission Permit NC0032808 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. Western Valley Properties, LLC is hereby authorized to: 1. Continue to operate an existing 0.0085 MGD extended aeration wastewater treatment system with ultraviolet disinfection. The facility is located at the Morningstar of Jackson WWTP off Raching Cove Road near Sylva in Jackson County. 2. Discharge from said treatment works at the location specified on the attached map into Blanton Branch, classified C waters in hydrologic unit 06010202 of the Little Tennessee River Basin. + �•. ^�s„"-�,.�.-�--.�"` y! � 1 •^�-x'+-• '°r �',,�4=.P 1 I--�+. .tea. I�aY •SL''� �'�.,=-�,^..h �' q �p ,14A,::- �V,aQ. •a Via'.! ,_pp�y 4^T-z, t'a . 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''•� ,.�,�,� 1'l� �•'��{3�e� �Yt;�. r �'.,.�'-. +� �. �,� �' j' �d F`' {ei¢ r �' 1 i C16 _ i i I l i Ih 4 {�,'�1 FY �• I C I p �� ' C9 � ti _ P1!". ,t! 1 I � ti+_.�. a --•,�'"'+S„ - . ^tl a ' +IL 1'r�y 7r'�a ,' I. !ti �-�' i' �-Y•+Y�'•','��.a �.,� �.j.[ �j' � 9 !�"�I � '�Ya•.. =ti, a wY. I:�j �9 ,'r• 4 `ii 6I ,1 y"ry , (��j IliI 1 y. Ili! '4Ta f��-�,'i r 1 i) •I d.°,.'' -ti.. ,,y+�, a y�, � jj j '' r 0' t_� l� �y �7 r - �y -,N, �1.'�1. .I'O _ .:L. Y4. ! 1� J C ,I ,I li qi i I '17 �l li �1 T �� � e. q r1J I AA j ��`�S .1�A"1 "Ilk rj�Y IY ��.1�erl .I � ' � ' !�-•� ��+ . �-1,}I11 �l�t�t�.JL � !�J! �y,_~�-.4^"� � 1' ,.1 I' !' fp+ IJ �rr �,q`�q �� I �•,�, �'�'i � _.i"' "�� �..,.r=rF'"����J'• l•��,71� � L'�`��,.'~v ^� —�� !+� .+ .ez '.I q I -, hL4 '�.="_=v y �Iy •:;+ti7 I'. I1' � fill 1 1. j .II Y 3 r,�'�ai `�+9 '54+�.+4y�.�'-' L• =�. �.;`�,�•�°°,� �' �,' 1,Ii F"'��i' a. r`,r'rpY++r't y„`�1 ���-rid,�z..z--�.��.��=��—q�_•```�"'y —•-�-1{ '�"-:��`'�:�..:i.�-�,,iL171�'�"'�` �`� J'�I� ���G.e�` �1� Fl� 1� ��„ '� ���-� --z, '4 �1 llt la'la. I� ; y+ NCO032808 - Morningstar of Jackson Latitude: 35°23'33" Stream Class: C Facility ,fir .' Location Longitude:83°09'58" Subbasin:04-04-02 USGS Quad: Sylva North, N.C. Jackson County Map not to scale Receiving Stream: Blanton Branch Hydrologic Unit: 06010202 River Basin: Little Tennessee Permit NCO032808 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on November 1, 2012 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: PARAMETER' LIMITS MONITORING REQUIREMENTS [PCS Code] Monthly Daily Measurement Sample Type Sample Average_ Maximum Frequency Location Flow 0.0085 MGD Weekly Instantaneous Influent or [50050] Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent [00310] Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent [00530] NH3 as N 2/Month Grab Effluent [006101 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 2/Month Grab Effluent [316161 Total Residual Chlorine' 28 Hg/L Daily Grab Effluent [50060] Temperature (°C) Weekly Grab Effluent [00010] pH [004001 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Footnotes: 1. Total Residual Chlorine (TRC) limit and monitoring requirements apply only if chlorine is used for disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field -certified]. Effluent values < 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33. USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the. violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. DILty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 Version 1110912011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 certify, 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 qual f ed personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part H.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part H.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215,1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,.the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Pemmittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(l)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence.. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 Q. The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SILT); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3 (v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the.Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011 NPDES Permit Standard Conditions ' Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the 'industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 0211.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 , 1. NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40, CFR 403.3(1). [15A NCAC 02H.0903(b)(10),.'0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In, accordance with NCGS 143-215. 1, the Permittee shall issue to all Significant Industrial Users, permits for ,operation of pretreatment;equipment - i pment and discharge to .the Permitted's collection system or treatment works. These, permits shall contain limitations, sampling protocols,, reporting requirements,, appropriate standard and special conditions; and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge willrneet all applicable pretreatment standards, and requirements. 'The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the hinits from all lUPs. Permitted " loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC, 02H.0906(b)(6),.0909,,.0916, and.0917; 40 CFR 403.5, 4018(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Pennittee shall ensure that an Authorization to Construct permit (AtC) is issued toall applicable Industrial Users for the construction or modification ofany, pretreatment facility. Prior to the issuance of an AtC, the, proposed pretreatment facility and treatment process must, be evaluated for its capacity to comply with all Industrial User Pretreatment Pen -nit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their JUs The Permittee shall conduct inspection,, surveillance, and monitoring activities as described in its Division ,approved pretreatment program in order to determine, independent of information supplied by Industrial Users,, compliance with applicable pretreatment standards. [15A NCAC02H .0908(e); 40 CFR 403.8(f)(2)(v)] 'The Permitteemust: 'a. Inspect all Significant Industrial Users (,SlUs) at least once per calendar year; b. Sample all Significant Industrial Users (SlUs) at least once per calendar year for all SJU permit -limited parameters including flow except as allowed under 15A NCAC.0908,(e); and :c. At least, once per, year,, document an evaluation of any non -significant categorical Industrial User for compliance with there i p - requirements in, 40 CPR 403.3(v)(2), and either continue or revoke the, designation as non- qu significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H,.0908. [15A NCAC 02H.0906(b)(5)and .0905,; 40 CFR 403,8(f)(1)(v) and (2)(iij);,40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all, pretreatment standards promulgated pursuant to section 307(b) and, (q) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth m� 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirement&. All remedies,, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved bythe Division. '[ I 5A NCAC 02H .0903(b)(7),,.0906(b)(8) and .0905; 40, CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report, to the Division in accordance with 15A NCAC '02H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Penmittee shall submit two, copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities, over the previous calendar year to the, Division at the following address: Version 1110912011 f.� NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and, Collection Systems (PERCS,) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall, be submitted by March 1 of each year and shall contain the following; a. Narrative A narrative summary detailing actions taken, or proposed, by the. Permittee to correct significant non- compliance and to ensure complianee with pretreatment requirements; b. Pretreatment Program Summary (PPS). A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance; Report (SNCR) A list of Industrial Users (Ws) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division d. Industrial Data 'Summa Forms IDSF), Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered S1Us, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11, Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The. Permittee shall retain for a minimum of three ,years records of monitoring activities and results, along with support information including general records, water, quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Pro rams Modifications to the approved pretreatment program including but not limited to local limits modifications; POTW monitoring of their Significant Industrial Users (SIUs); and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403 Al 15 NCAC 0211.0114 and 15A NCAC 02H .0907.. 'Version 111091201`1 r � a r Water Resources ENVIRONMENTAL QUALITY May 08, 2017 Mr. William H. Mills Westerri'Valley Properties, LLC. .505 Rockingcoye Road S,ylva, NC 28779 ROY COOPER Governor MICHAEL S. REGAN Acting Secretary S. JAY ZIMMERMAN Director Division of Wa«i r,e , MAY Water Quality Regional a: Asheville Regiona -,' Subject: Permit Renewal Application No. NCO032808 Morningstar of Jackson Jackson County Dear Permitted:' _ The WaterQualitY Permitting S.ection acknowled 't Your permit application and ,gesreceiP.of supporting documentation received on May 08 2017. The primary reviewer for this renewal application is Charles Weaver' The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 'your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. If you have any additional questions concefning renewal of the subject permit, please contact Charles Weaver at 919-807-6391 or Charles.Weaver@ncdenr.gov. Sincerely, cc: Central Files NPDES �ui�lle.IR�'gi©nil- •,, .e Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 P` � IVI.UCIVK^1JlUW �dx:y1'i—r33—UP1y Hug 60 'U1 r:14 P. UI/LT2 >gPM .PERMIT APPLICATION - SHORT TOM D To be Sled only by dischargers of 100% domestic wastewater (<I MGD flow) N. Q. Department of Environnent and Natural Rewnrees ' DkvWon of Water Qwdty / NFgU Uldt 1817 Mail Suviee Center, RalsigL, NC 276WILeIL7 RECEIVED/NCDEQIDWR North Carolina NPDES Permit Number K MAY 0 8 2017 (if krLmm) Please print or type I. KAM addse" of applicant/peradttee; FAollity Name Owner Name Street Address city State. ,W, ZIP CoQe Telephone Number Fax Number e-mail Address I 9. t;ooation of fadit7 produdag discharge, Naxne Of different from above) Faculty Contact Pawn Street Address or State Road City / Zip Code County Telephone Number 9. Rsason for applioation.. K,- s etc de Svl!/a /(k- �i177�r &W 9,q,7 - T,ap �l li`x Mslon/ModiBeatlon • ExtsUng Unpermitted Discharge Renewal New Facility * Please provide a deacrlption of the eVanslon/modification: Water Quality Permitting Section 4. Desorfption of the exbtlag treaftma f oilitiss Uist all insunelt, eomponento with oapaaitiee)t Page 1012 vowoe M I U)MIVK—UIUW fly HUq JU -Ul (%l�) 1-1.U1/U2 NPDRS PERM&T APPLICATION'- SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (4 MGD flow) 5. Description of wastewater (check all that apply): Tune. of Facility Generating Wastewater industrial Commercial Residential School Other_ Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the sources) of wastewater (example: subdivision, mobile home park. etc.): / l tea+_ h,C ue 0. Number of separate wastewater discharge pipes (wastewater outfalls): r.L . a7 7. U the facility bias multiple discharge outfalls, record the sourae(as) of wastewater far each. outfallt a. Name of receiving stream(s) (Provide -a map showing the exact location of each outfail): F/a yr oilx B ra izc k I certify that I am familiar with the information; contained in the application and that ta.the best -of may knowledge and belief such information. is true, complete, and accurate. /IICU,- Mills n* North .Carolina General Statute 1 d3-215.6(b)(2) provides that: Any parson who knowingly makes any false,statement representation, or cartlreetlon in any application, record, report, plan, or other document fifas or required to ba maintained under Artic 21 or regulailons of the Environmental Management Gbmmission im0ernenting that Article, or who falsifies, tampers with, or ftwingly renders inaccurate any recording or monitodng device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10.000, or by imprisonment not to exceed six months, or by bath. (1 B U.S.C. Section 1001 provides a punishment by a fine of not more than 310,000 or imprisonment not more than 5 years, or both for a similar offense) Page 2 of 2, Version 699 v Requesting renewal:of.the permit No. XC0032808:: We request no chances* in, the permit at the facility sin celhe facility has a very good' record. We request no changes:imtesting.at the facility since.it. has a verygood.record. -William -NMIs, ORC: 'Description of the sludge nia.nagement sludge at the facility is handled by a septic tank truck, .and disposed of at Tuckaseigee Water: and Sewer .Authority WWTP No. 1, North River Road, Sylva, NC.' U Latitude: 35°23'33" Stream Class: C Longitude:83°09'58" Subbasin:040402 Quad # F6NW Receiving Stream: Blanton Branch / OV14a/rSs�a✓ _ I /L j L 00 3as'� Facility,�� r r�z� , Location -r- NCO032808 - Ensley Adult Care Center WWtP Jackson County x Water Resources ENVIRONMENTAL OUALITY May 24, 2017 Mr. Williams H. Mills, ORC Western Valley Properties, LLC. 505 Ranching Cove Road Sylva, NC 28779 Subject: Permit Renewal Application No. NCO032808 Morningstar of Jackson Jackson County Dear Mr. Mills: ROY COOPER Governor MICHAEL S. REGAN Acting Secretary S. JAY ZIMMERMAN Director The Water Quality Permitting Section acknowledges receipt of your permit application and supporting documentation received on May 15, 2017. The primary reviewer for this renewal application is Charles Weaver. The primary reviewer will review your application, and he will contact you if additional information is required to complete your permit renewal. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. If you have any additional questions concerning renewal of the subject permit, please contact Charles at 919-807-6391 or Charles.Weaver@ncdenr.gov. cc: Central Files NPDES Mhe iila et �,eo ,Qce Sincerely, ?Am ?&#old Wren Thedford Wastewater Branch State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 RECEIVED Division of Water Resources MAY 3 0 2017 " Water Quality Regional Operations Asheville Regional Office RECEIVEDINCDEQIDWR MAY 15 2017 Water Quality Permitting Section <,. 6iKs (fS aft- ��'��h«�he �C$fYC u1��r �� / lAe hCLs OL ver603 ,ree-0V ► . /kn1aKIC �30U -�J C;rOA NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestie-wastewaters <1.O.MGD Mail the com leYe 1' t' t p app ca ion We RECEIVED/NCDEUDWR N. C. DENR. /: Division: of Wester. Resources / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699--1617 MAY 15 201� NPDES Permit. C00. '32 70 Water Quality Permitting Section If you are completing this form in computer use the TAB key or the up - down arrows to moue from one field to: the next. To check the boxes; click your mouse on top of the box:.Otherurise, please print or type. 1. Contact Information: Owner Name - Facility Name Mailing.Address City State / Zip Code Telephone: Number: Fax Number- e-mail Address Gc>ivl �� 8��f �rCw ,7'yl�Ydi.s�/� • i'JC?.� 2. Location of facility producing disch Check here if same. address as above• Street Address or State Road City . . State. / Zip Code County 3. :Operator Information:: Name of the firm, public organization or other entity that operates the facility referring to the Operator. in Responsible Charge or ORC)' Name Mailing Address City State / Zip Code Telephone Number Fax: Number e=mail Address t/. /UL_e�ru 72F 72, (Note that this is not 1 of 3 Form-D 11112 11 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic. wastewaters <1.0.MGD 4. Description. of wastewater::. Facility Generating Wastewater(check all that apply): Industrial ❑ Commercial ❑ Residential ❑. School ❑ Other [jam Number:of Employees Number of Employees Number of Homes Number of-Students/Staff n Explain: /�Cf-Abelle Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.):' Number.of persons served: C�a� S. Type of collection system Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. OutfaU LI formation . . Number of'separate discharge points ... Outfall Identification number(s).. . Is the, ®utfall equipped with a diffuser? ❑ Yes 7. Name of receiving §tream(s) (NEW applicants: Provide a map showing the exact location of each outfall):.. ii. Frequency of Discharge: .. L1 ,� /Continuous ❑ : Intermittent If intermittent: Days per week discharge occurs: Duration: . Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus: If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. . ��Q.o� c�5te:wf�✓ l 1' S.�sf�rn c,c)t�-� v 2 of 3 Form-D 11/12 a NPDES: APPLICATION - FORM D For privately -owned- treatment systems treating 100%' domestic .wastewaters <1.0 MGD 10.:Flow Infbkmationi-: Treatment Plant Design flow .QD 6_ MGD Annual Average daily: flow ' C5o? MGD. (for the previous 3 .years) Maximum daily flow -003E/ MGD (for the previous 3 years) 11. Is this facility located on Ind' country? F1 YesI No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal .Coliform, T.emperature.and pH.sb hall be gra samples, for all other parameters 24-hour composite -sampling shall'be used.' If more'than one analysis is.reported,. . report daily maximum and monthly average. If only. one analysis is reported, report:as daily maximum., RENEWAL APPLICANTS. Provide the highest single:reading:(Daily Maximum) and Monthly:Av.erage over the bast' 36 months fnr nnrnmptarc rr)rrontl,iin ,in,ir.".6 m;+ n r ;•L• „+I,-.• anri n» Parameter Daily' Maximum. Monthly Average. units of Measurement ::Biochemical Oxygen Demand, (BODS) a 3 IL Fecal Coliform Cl �a l 100A1 . Total- Suspended Solids: Temperature (Summer) �� v Temperature' (Winter) (� ::PH 13.: List all perm Type - - - .... its, construction: approvals and_/or: applications: .. .... . Permit Number TYp e Hazardous Waste. (RCRA):: • • NESHAPS (CAA) UIC (SDWA).- Ocean Dumping (MPRSA) 'NPDES i(`C.DD 3a-FOSS 'Dredge or-fill:(Section 404 or CWA) PSD (CAA):.. -Other Non -attainment program:(CAA) 14.. APPLICANT :CERTIFICATION Permit Number I. certify: that I am. familiar.. with the ..information contained in the application :and that to the 'best of my knowledge and:belief such information is -true, complete, and accurate. Printed ,name: of. Person Signing Signature of Applicant. Date North. Carolina General Statute 143-215:6 :(b)(-2) states: Any person who:knowingly. makes any false statement- representation, or certification in any application, record,: report, plan; or other document files or. required to. be. maintained :under Article:21 or regulations of the Environmental Management _ Commission. implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained -under Article 21 or regulations of the: Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishableby a fine not to exceed $25:000, or by imprisonment not to.exceed -six months, or by both. (18-U:S.C. Section-1001 provides a-punishment:by a fine of: not more than $25,000 or imprisonment not more than 5:years; or both,:for a:similar offense.) 3 of 3 Form-D-11/12 Latitude: 35°23'33" Stream Class: C Longitude: '83°09`58 Subbasin: 040402 Quad # F6NW Receiving Stream: Blanton Branch �V�141(11s$ r Facility MI 7 Location NC0032808-Ensley Adult Care Center VvW7P Jackson County IL P'0'y CL7.C' elt Cap+trr �,. MICHAEL S. E'GAN Water R'gso rcos S. JAY ttMM RMAN 814'4�1Oc'�NKER7At DUALITY. �Jfl"cC€W Certified Mail # 7016 1370 000165717921 Return Recent Requested May 23, 2017 William H Mills, Contact Person Western Valley Properties LLC 505 Raching Cove Rd Sylva, NC 28779 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-MV-0112 Permit No. NCO032808 Morningstar of Jackson Jackson County Dear Permittee: A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility, revealed the violations indicated below: Monitoring Violation(s): Sample Monitoring Location Parameter Date Frequency Type of Violation 001 Effluent pH (00400) 12/3/2016 Weekly Frequency Violation 001. Effluent Temperature, Water Deg. 12/3/2016 Weekly Frequency Violation Centigrade (00010) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent (SOC). State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning mis matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. . Sincerely, G. Landon Davidson, P.G., Regional -Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ � Cc_ ,Ms Asheville�Regioonal�offce�.�Enforcerment Fi __ NPDES Compliance/Enforcement Unit - Enforcement File G:\WR\WQ\Jackson\Wastewater\Minors\Morningstar (Ensley Adult Care) 32808\NOV2017MV0112.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Lo January,, 2G 13 Attn: System Performance Annual Repor N.C. Div. of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Annual Report NPOES #0032808 Morningstar Assisted Living of Sylva Jackson County MAR 2 6 2013 CE t 'fire t'"tLES RECEI APR 1 5 2013 DWQ/Surface Water Protection Section Asheville Regional Office The attached document is pursuant to House Bill ► 160, the Clean Water Act which was signed into law by thr Governor on July 21, 1999. The legislation i 1999, to instill public oversight by requiring spill notification and annual re onin bs intended entities owning or operating wastewater treatment facilities in the state of all N.C.0 Concerned persons 'nay obtain more detailed information concerning the above referenced facility by contacting me at (828) 293-3243 Sincerely, William Mills Operator in Responsible Charge Encl: Annual Repon FEB. 12 2013 PERFORMANCE 1• Generalluformation Facility and System Name Responsible Person Applicable Permit ANNUAL REPORT Morningstar Assisted Living of Sylva 505 Racking Cove Road Sylva, NC 28779 Jackson County William Mills 400 Purple Mountain Road Sylva, NC 29779 NPDES #0032808 Description of Collection System or Treatnteut Process Raw sewage generated by Morningstar is collected into a 8,500 GPD Package wastewater treatment plant The plant includes an aeration ba-sin clarifier and a UV light syste,n The faciliis discharge 8,500 GPD. ty currently Permitted to 11. PERFORMANCE Text Summary of System Perforntauce J;uiu:uy I, 2U12 to December 31, 201.1 Analytical results indicate that no permitted monthly limits were exceeded this time frame. In addition, no bypasses or overflowing occurred. The facility is operating a little less than halt"ts permitted 8,500 GPD flow. The average flow is 3,000 to 3,600 GPD. No permit violation occurred during January 2012 — December 201-a W. NOTIFICATION A copy of this report is at the Care Center - Morningstar Assisted Living of Sylva 505 Racking Cove Road Sylva, NC 28779 IV. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. l further certify this report has been made available to users of Morningstar Assisted Living of Sylva. William Mills Operator in Responsible Charge '���-14(?� FILE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Acting Director Secretary July 9, 2013 William Hammonds Western Valley Properties LLC 505 Racking Cove Rd Sylva NC 28779 SUBJECT: Compliance Evaluation Inspection Morningstar of Jackson Permit No: NCO032808 Jackson County Dear Mr. Hammonds: Enclosed please find a copy of the compliance evaluation inspection conducted on June 26, 2013. No violations of permit requirements or applicable regulations were observed during this inspection. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: William H Mills, ORC Central Files SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Carolina Phone: (828) 296-4500\FAX: 828 299-7043 Ci ah(rally Internet: www.ncwaterguality.org L`�J S:\SWP\Jackson\Wastewater\Minors\Morningstar (Ensley Adult Care) 32808\32808 CEI 2013.doc United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 LI 31 NCO032808 111 121 13/06/26 117 18I C I 191 S I 20 UI Remarks 21111111111111111111111111 11111111111111111111 1 Li6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----------Reserved-------------- 67 I 169 70 IU 711 I 72 I N I 73 L U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 13/06/26 12/11/01 Morningstar of Jackson Exit Time/Date Permit Expiration Date 505 Radhing Cove Rd Sylva NC 28779 10:30 AM 13/06/26 17/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William H Mills/ORC/828-293-3243/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Hammonds,505 Racking Cove Rd Sylva NC 28779//828-586-1556/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance 0 Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) Inspector(s) Agency/Office/Phone and Fax Numbers Date Jeff Menzel ARO WQ//828-296-4500/ -71911 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers ate/ J EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO032808 I11 121 13/06/26 18 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This was an unannounced inspection. The facility was found to be in good working order and the effluent was clear and was having no observable effects on the receiving stream. No violations of permit requirements or applicable regulations were observed during this inspection. Page # 2 Permit: NCO032808 Inspection Date: 06/26/2013 Owner -Facility: Morningstar of Jackson Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Q ❑ Q Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ 0 Judge, and other that are applicable? Comment: Disinfection - UV Are extra UV bulbs available on site? Are UV bulbs clean? Is UV intensity adequate? Is transmittance at or above designed level? Is there a backup system on site? Is effluent clear and free of solids? Comment: Effluent Pipe 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? Comment: Yes No NA NE ■nnn ■000 ■000 ■nnn ■000 ■000 Yes No NA NE ■000l ■000 nn■■ Page # 3 PAT MCCRORY Governor 1 LDONALD R. VAN DER VAART Water Resources ENVIRONMENTAL QUALITY May 25, 2016 William Hammonds Western Valley Properties LLC 505 Racking Cove Rd Sylva NC 28779 SUBJECT: Compliance Evaluation Inspections Morningstar of Jackson WWTP & Deemed Collection System Permit No.s: NCO032808 & WQCSD0452 Jackson County Dear Mr. Hammonds: Secretary S. JAY ZIMMERMAN Director On May 24, 2016, I conducted a Compliance Evaluation Inspection of the Wastewater Treatment Plant and Deemed Wastewater Collection System that serves Morningstar of Jackson. Based on records reviewed, on -site evaluation and interviews with staff, the WWTP and collection system were determined to be in compliance with permits NCO032808 and WQCSD0452, respectively. Reports are attached for your records with findings summarized. The wastewater treatment plant and collection system appear to be well maintained and operated. The assistance of Mr. Mills in conducting the inspections was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions, please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim, P.E. Environmental Engineer Enc. cc: Williams Mills, ORC MSC 1617-Central Files -Basement Asheville \\Wp3dnfp06.eads.ncads.net\data\WR\WQ\Jackson\Wastewater\Minors\Morningstar (Ensley Adult Care) 32808\CEI letter 05-24-2016.doc State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70 Swannanoa, NC 28778 828 296 4500 Compliance Inspection Report Permit: WQCSD0485 Effective: 08/28/09 Expiration: Owner: Western Valley Properties LLC SOC: Effective: Expiration: Facility: Morningstar of Jackson County: Jackson 505 Raching Cove Rd Region: Asheville Sylva NC 28779 Contact Person: William Hammonds Title: Phone: 828-586-1556 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Certification: Phone: Inspection Date: 05/24/2016 Entry Time: 01:30PM Exit Time: 03:30PM Primary Inspector: Timothy H Heim Phone: 828-296-4665 l l Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions Operation & Maint Reqmts Monitoring & Rpting Reqmts (See attachment summary) Page: 1 Permit: WQCSD0485 Owner -Facility: Western Valley Properties LLC Inspection Date: 05/24/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on May 24th, 2016. Williams Mills (ORC) was present during the inspection. This Deemed Collection system should be removed from the inspection list. Page: 2 Permit: WQCSD0485 Owner - Facility: Western Valley Properties LLC Inspection Date: 05/24/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ M ❑ Are public notices and proof of publication available? ❑ ❑ ❑ # Is an annual report being prepared in accordance with G.S. 143-215.1 C? ❑ ❑ M ❑ # Is permittee compliant with all compliance schedules in the permits? ❑ ❑ M ❑ If no, which one(s)? Comment: Operation & Maintenance Requirements Yes No NA NE Are all log books available? M ❑ ❑ ❑ Does supervisor review all log books on a regular basis? 0 ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? N ❑ ❑ ❑ What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? ORC is the only staff member. Are maintenance records for equipment available? ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Weekly Do pump station logs include: Inside and outside cleaning and debris removal? ❑ ❑ M ❑ Inspecting and exercising all valves? ❑ ❑ 0 ❑ Inspecting and lubricating pumps and other equipment? ❑ ❑ 0 ❑ Inspecting alarms, telemetry and auxiliary equipment? ❑ ❑ 0 ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ 0 ❑ Are maintenance records for right-of-ways available? M ❑ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? 0 ❑ ❑ ❑ Are system cleaning records available? ❑ ❑ 0 ❑ Has at least 10% of system been cleaned annually? ❑ ❑ 0 ❑ What areas are scheduled for cleaning in the next 12 months? The entire collection system consists of approximately 100 LF of gravity PVC line. Is a Spill Response Action Plan available? ❑ ❑ ❑ 0 Does the plan include: 24-hour contact numbers ❑ ❑ ❑ Response time ❑ ❑ ❑ Equipment list and spare parts inventory ❑ ❑ ❑. Access to cleaning equipment ❑ ❑ ❑ Page: 3 Permit: WQCSD0485 Owner - Facility: Western Valley Properties LLC Inspection Date: 05/24/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Operation & Maintenance Requirements Access to construction crews, contractors, and/or engineers Source of emergency funds Site sanitation and cleanup materials Post-overflow/spill assessment Is a Spill Response Action Plan available for all personnel? Is the spare parts inventory adequate? Comment: Yes No NA NE ❑ ❑ ❑ M ❑❑❑■ ❑❑❑■ ❑❑❑■ ❑❑❑■ ❑ ❑ ❑ Page: 4 United States Epvironmental 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 IN 1 2 15 1 3 l NCO032808 I11 12 16/65/24 17 18 I sd 1.9 l I ' 201 211 I I I I I 1 1 1 111 1 1 1 1 1 1 1 1 1 1 1 1 l I I I I I I I I I I II I I 1 1-1 r6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA — -Reserved 71 l 72 L_ 67 70 Iu I 73 I I74 751 III I I 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) 02:OOPM 16/05/24 12/11/01 Morningstar of Jackson 505 Raching Cove Rd Exit Time/Date Permit Expiration Date Sylva NC 28779 03:30PM 16/05/24' 17/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data H/ William H Mills/ORC/828-293-3243/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Hammonds,505 Racking Cove Rd Sylva NC 28779//828-586-1556/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance E Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Timothy H Heim ARO WQ//828-296-4665/ k (� / S11k Signature of Management Q A Reviewer. Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# ' NPDES yr/mo/day Inspection Type 1 31 NC0032808 I11 12 16/05/24 17 18JCJ Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on May 24th, 2016. Williams Mills (ORC) was present during the inspection. Page# 2 Permit: NCO032808 Owner -Facility: Morningstar of Jackson Inspection Date: 05/2412016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Plant appeared to be well operated and maintained at the time of the inspection. No observable impact to the receiving stream Page# 3 4 N N North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director March 19, 2012 WILLIAM MILLS ORC WESTERN VALLEY PROPERTIES LLC 505 RACKING COVE ROAD SYLVA NC 28779 Dee Freeman Secretary Subject: Receipt of permit renewal application NPDES Permit NCO032808 Morningstar of Jackson Jackson County Dear Mr. Mills: The NPDES Unit received your permit renewal application on March 19, 2012. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 807-6391. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES �.Xg, e-aRE-gionr11 Office/Surface Water Protection NPDES Unit ..:. 4r4i:. n:1L_.:is'l-`F•rK... .. Z...,r�, .:il!v�.r .. _,*.s., •J.�}.-.. .. •'�iy1;.,fi, 1;.. e I i� AAQ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 , - =' Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-6492 NorthCarolina Internet: www.ncwaterquality.org �l'l��"�lC�� An Equal Opportunity 1 Affirmative Action Employer [ �4 t *r' i• 4� IV-LJMNK-LUU ax : y 1y- r33-U715 Hug 30 ' U1 NPM .PERMIT AMIC,ATIAN To be Bled only by dischargers of 10O% domestic was(ewAtE N. C. Department of Environment and Natural. Division of Water Quality / l 0p 1617 Ilan Service Center, Raiff. 14C 9 North Carolina NPDES Permit Number I NCUO . jii imui - { ' Please print or type 1. address of appUcant/permittee; Facility Name Owner Name St eet Address City State ZIP Code Telephone Number Fax Number e-mill Address If r r:14 F.011W Ise:ii � S ' MGD ilow) T MAR 2 1 2012 1 WATER QUALITY SUCTION .Fj VILLE RF:GIUNAL OFFICE f P� .s LLB tort Ilk :T.6z -,Wdrnskh �2�" 3. Weation of &Mt7 produ alag discharge; Name (If different from above) Facility Contaot Pereon Street Address or State Road City / Zip Codo County Telephone Number lrJ '/l•u04- / .//s —GCS /Q C4i $: CCooU_e_ A 2s a) a53— Sal-/-7 3. Reason for applioatidn: 1;`aKpansion/Modifleation • Extsting Unpermitted Discharge Renewal �� New Facility • Please provide a description of the expansion/modification: 4. Doacription of the existing treatment facilities piit aU instaile4. caaiposeato with oapamitiee�s NLUtIVIC-UU1W rr31)—Ur11.:� Hug JU -U1 (:1:, K.U1/UL NPDEB FERNdT APPLICATION - SHORT FORM D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flow) : 5. Description of wastewater (check ati that Apply): rnie-of Facility Generating Wastewater ) industrial' Number of Employees J Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the sources) of wastewater (example: subdivision, mobile home park, etc.), t�o�e 6. Number of separate wastewater discharge pipes (wastewater oatfalie): 7. .0 the facility hafN multiple discharge outfrRlls, record the socime(s) of wastewater for each. outfallf S. Name of receiving stream(s) (Provide .s strap showing -the exact 7ocatf ion of.each. out $rft /aYJfOt1 /e 0e_ I certify that I am familiar with- the information ;contained in the application and that to the best -of ray knowledge and belief such information -is true, complete, and accurate. IGM,. -1{ 'ante of Person C North .Camlirm General Statute 1 d3 215.8(bK2) provides that: Any person who knowingly makes any falmstatement representation. or codification in any application, record, report, plan, or other document file&or required to 7o maintained underAnicle 21 or regulailons of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or Imowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Afte, shall be guilty of a misdemeanorpunishable by a fine not to exceed $10,00D, or by imprisonmentnot to exceed six months, or by Math. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than 310,000 or imprisonment not,more than 5 years, or both for a similar offense.) Page 2 of 2 version aw Latitude: 35°23'33" Stream Class: C Longitude:83°09'58" Subbasin:040402 Quad # F6NW Receiving Stream: Blanton Branch /AjOtryj.tSS-'Q r C�F 3ZC ksoA ,(jcvo3a�rosr Facility s i r3,-q' r" ♦x ^mac c '' Location J , NCO032808 - Ensley Adult Care Center WWtP Jackson County Requesting renewal of the permit No. NC0032808. We request no chances in the permit at the facility since the facility has a very good record. We request no changes in testing at the facility since it has a very good record. William Mills, QRC Description of the sludge management sludge at the facility is handled by a septic tank truck, and disposed of at Tuckaseigee Water and Sewer Authority WWTP No. 1, North River Road, Sylva, NC. XYWA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director;, Secretary May. 9`; 201.2 i Mr. William H. Mills Western Valley Properties LLC 505 Racking Cove Road Sylva, North Carolina 28779 Subject: NOTICE OF VIOLATION NOV-2012-LV-0241 Permit No. NCO032808 Morningstar of Jackson WWTP Jackson County Dear Mr. Mills: A review of Morningstar of Jackson's WWTP' monitoring report for January 2012 showed the following violation: Parameter Date Limit. Value ; : Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 01/24/2012 400'#/'100Wi 580 #/100m1 Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for'this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck Cranford, Regional Supervisor SurfdbeWater Protection Section ��©1/.V.QrAstrevifl. il e—A K DWQ Central Files S:\SWP\Jackson\Wastewater\Minors\Morningstar (Ensley Adult Care) 32808\NOV-2012-LV-0241 •doc NorthCarolina Xatura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 I L E C U0 PY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Mr. William H. Mills Marquis Property Management LLC 505 Racking Cove Road Sylva, North Carolina 28779 Dear Mr. Mills: Director February 16, 2011 Subject: NOTICE OF VIOLATION NOV-201 1 -LV-0070 Permit No. NCO032808 Morningstar of Jackson WWTP Jackson County Secretary A review of Morningstar of Jackson's WWTP monitoring report for September 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 09/07/2010 400 #/100ml 480 #/100ml Daily Maximum Exceeded It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, K , zFJ/_"/ Roger-C. Edwards; Regional Supervisor Surface Water Protection Section DWQ Central Files S.\SWP\JacksonlWastewaterUVtinorsV.Aorningstar (Ensley Adult Care) 328081,NOV-2011-LV-0070.doc None hCarolina Vatura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phorie(828)296-4500 Customer Service Internet: www.ncwatercivality.org FAX (828)299-7043 1-877-623-6748 C Fly NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION April 29, 2010 Mr. William Hammonds Marquis Property Management, LLC 505 Racking Cove Road Sylva, NC 28779 SUBJECT: Compliance Evaluation Inspection Morningstar of Jackson WWTP Permit No: NCO032808 Jackson County Dear Mr. Hammonds: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 21, 2010. The facility was found to be in compliance with permit NC0032808. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: William Mills, ORC Central Files JW As:fel�e Files' S:\SWP\Jackson\Wastewater\Minors\Morningstar (Ensley Adult Care) 32808\CE1.4-21-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina Phone: (828) 296-45001 FAX: 828 299-70431 Customer Service: 1-877-623-6748 Naturally Internet: www.ncwaterguality.org &- United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 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 I NI 2 15I 31 NCO032808 111 121 10/04/21 117 18I CI 19I SI 201 I Remarks 2111111111111111111111 IIII IIII IIII 1111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------Reserved---- — 671 1.0 169 70131 711 I 72 I N I 73 L U 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Morningstar of Jackson 02:45 PM 10/04/21 07/11/01 Exit Time/Date Permit Expiration Date 505 Racking Cove Rd Sylva NC 28779 03:15 PM 10/04/21 12/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William H Mills/ORC/828-293-3243/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William Hammonds,505 Racking Cove Rd Sylva NC 28779//828-586-1556/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Operations & Maintenance 0 Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 2 4-1 �l0 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 1 3I NC003280B I11 12I 10/04/21 1 17 18I ' Section D: Summary of Finding/Comments (Attach additionalsheetsof narrative and checklists as necessary) FACILITY DESCRIPTION: The Marquis Property Management, LLC - Morningstar of Jackson WWTP (formerly: Ensley Adult Care Center) is a Class II facility rated as a 0.0085 MGD extended aeration WWTP with: two 1,000 gallon septic tanks; manual bar screen; aeration basin with blowers providing diffused air; clarifier with sludge return; aerobic digestor; and ultraviolet disinfection. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-5-2006 by Janet Cantwell. The permit expires on 10-31-2012. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 17.8 degrees Celsius pH = 7.0 units Dissolved Oxygen = 1.2 mg/I Settleable Solids = 500 ml/I = 50% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably recommended, unless the sludge is too young. Page # 2 Permit: NCO032808 Owner - Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 3.8 mg/I pH = 7.18 units Temperature = 17.9 degrees Celsius OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Mr. William Mills, ORC, assisted in the inspection and appears to be operating and maintaining the facility very well. The effluent appeared to be in compliance with permit limits. A new fence and awning to cover the WWTP had been added since the last inspection. SYSTEM PERFORMANCE ANNUAL REPORT: The 2009 System Performance Annual Report was received by the Division on 1-19-2010. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period. Page # 3 Permit: NCO032808 Owner - Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? Cl ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations $ Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ Cl n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? ❑ 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? n ❑ ■ Comment: Bar Screens Yes No NA NE Type of bar screen a. Manual ■ b. Mechanical n Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n Cl n Is the unit in good condition? ■ n n n . Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Page # 4 Permit: NCO032808 Owner - Facility: Morningstar of Jackson Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ Cl ❑ n Is the'foam the proper color for the treatment process? 011110 Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n o n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? ■ n n ❑ Is the site free of weir blockage? ■ Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n ❑ n Is the site free of excessive floating sludge? ■ n n Is the drive unit operational? ri n ■ n Is the return rate acceptable (low turbulence)? ■ n o n Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ n Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ■ n n n Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ n ❑ Are UV bulbs clean? ■ n n n Is UV intensity adequate? ■ n n n Is transmittance at or above designed level? ■ n n n Is there a backup system on site? ❑ ■ n n Is effluent clear and free of solids? ■ n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ n n Page # 5 it Permit: NC0032808 Inspection Date: 04/21/2010 Owner - Facility: Morningstar of Jackson Inspection Type: Compliance Evaluation Effluent Pipe Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: NE Yes No NA ■nnn 0 0 M 0 Page # 6 January 8, 2010 JAN 2.1 2010 I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Attn: System Performance Annual Report N.C. Div. of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Annual Report - NPDESoG1B288i11 Morningstar of Jackson County The attached document is pursuant to House Bill 1160, the Clean Water Act of 1999, which was signed into law by the Governor on July 21,1999. The legislation is intended to instill public oversight by requiring spill notification and annual reporting by all entities owning or operating wastewater treatment facilities in the state N.C. Concerned persons may obtain more detailed information concerning the above referenced facility by contacting me at (828) 293-3243. Sincerely, William Mills Operator in Responsible Charge Encl: Annual Report JAN 19 20.10 PERFORMANCE ANNUAL REPORT I. General Information Facility and System Name: Morningstar of Jackson County 505 Racking Cove Road Sylva, NC 28779 Jackson County Responsible Person: William Mills 400 Purple Mountain Road Sylva, NC 28779 Applicable Permit: NPDES #0032808 Description of Collection System or Treatment Process Raw sewage generated by Morningstar is collected into a 8,500 GPD package wastewater treatment plant. The plant includes an aeration basin, clarifier and a UV light system. The facility is currently permitted to discharge 8,500 GPD. II. Performance Text Summary of System Performance Januaryl, 2009 to December 31, 2009 Analytical results indicate that no permitted monthly limits were exceeded this time frame. In addition, no bypasses or overflowing occurred. The facility is operating a little less than half its permitted 8,500 GPD flow. The average flow is 3,200 to 4,200 GPD. No permit violation occurred during January 2009— December 2009. III. Notification A copy of this report is at the Care Center: Morningstar of Jackson County 505 Racking Cove Road Sylva, NC 28779 IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify this report has been made available to users of Morningstar of Jackson. William Mills Operator in Responsible Charge a �� ' - - _ . _-,^.-- - .. __'----------_-__.- -_- -'------� ___------'----_-_ '_----'----___' ' cz � -' --- - - ----'- -- ---- ------- - --- '- ~� - - ----` --`--- -` --` --' -- -- ----------- --` - ` --`-------- --'----------- --�---- - - --r'- '-- - - - - -- '' - '-- / ---`----- `--- - ---- ------ ------'' ---------------- - � .. MCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL 7009 1680 0002 2464 5718 RETURN RECEIPT REQUESTED Division of Water Quality Coleen H. Sullins Director December 28, 2009 Dee Freeman Secretary Mr. William H. Mills Morningstar of Jackson 505 Raching Cove Road Sylva, NC 28778 Subject: NOTICE OF VIOLATION — NOV — 2009 - LR - 0069 Morningstar of Jackson WWTP — NCO032808 Jackson County Dear Mr. Mills: "This is to inform you that the Division of Water Quality has not received your October 2009 monitoring report. This is in violation of Part,11, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following the reporting period. Faildre to submit reports as required or after the required reporting date will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit the October 2009 DMR report within fifteen days of receipt of this notice to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or by email at bob.guerra(a)ncdenr.gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: DWQ_Ashe-v_ille Surface Water Protection Supervisor Central Files <, D EC 3 1 2009 II WATER QUALITY SECTiO1\1 ASI-iEVILLE REGIONAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 sr One Phone: 919-807-6387 t FAX: 919-807-64951 Customer Service: 1-877-623-6748 NOl ffiCarolina Internet: www.ncwaterquality.org '� �J�g�,A�� /®� An Equal Opportunity 1 Affirmative Action Employer ; V/ d8� d` ,J JAN 2 5 2008 i January 8, 2008 WATER OU/ALITY SECTION ASFIEVILLE f�EO'ONAL OFFICE Attn: System Performance Annual Report N.C. Div. of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Annual Report NPDE S AEKO9 8 Morningstar Assisted Living of Sylva Jackson County f JAN 2 4 2008 The attached document is pursuant•to House Bill 1160, the Clean Water Act of 1999, which was signed into law by the Governor on July 21, 1999. The legislation is intended to instill public oversight by requiring spill notification and annual reporting by all entities owning or operating. wastewater treatment facilities in -the state of N.C. Concerned persons may obtain more detailed information concerning the above referenced facility by contacting me at (828) 293-3243. Sincerely, G✓ William Mills Operator.in Responsible Charge Encl: Annual Report • PERFORMANCE ANNUAL REPORT L General Information Facility and System Name: Morningstar Assisted Living of Sylva 505 Racking Cove Road Sylva, NC 28779 Jackson County Responsible Person: William Mills 400 Purple Mountain Road Sylva, NC 29779 Applicable Permit: NPDES #0032808 Description of Collection System or Treatment Process Raw sewage generated by Morningstar is collected into a 8,500 GPD package wastewater treatment plant. The plant -includes an aeration basin, clarifier and a UV light system. The facility is currently permitted to discharge 8,500 GPD. H. PERFORMANCE Text Summary of System Performance January 1, 2007 to December 31, 2007 Analytical results indicate that no permitted monthly limits were exceeded this time frame. In addition, no bypasses or overflowing occurred. The facility is operating a little less than half its permitted 8,500 GPD flow. . The average flow is 3,000 to 3,600 GPD. No permit violation occurred during January 2007 — December 2007. J. ` M. NOTIFICATION A copy of this report is at the Care Center: Morningstar Assisted Living of Sylva 505-Racking Cove Road Sylva, NC 28779 IV. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify this .report has been made available to users of Morningstar Assisted Living of Sylva. William Mills Operator in Responsible Charge of wArFR U3 r. o < Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina DepartmeOunvironment and Natural Resources mek Ptl EDirector vs n oQuEfieexe, rAshe Ile O' SURFACE WATER PROTECTION Bailey M. Ensley & Cindy Ensley Ensley Adult Care Center 505 Racking Cove Road Sylva, North Carolina 28779 Dear Mr. And Mrs. Ensley: December 20, 2006 SUBJECT: Compliance Evaluation Inspection Status: Compliant Ensley Adult Care Center WWTP Permit No: NCO032808 Jackson County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 5, 2006. The facility appeared to be in compliance with Permit # NC0032808. Mr. Mills is doing a fine job of operating this facility. It was noted during the inspection that this facility has been sold. Enclosed please find a "Change of Ownership/Name Change" form which must be completed and signed by both you and the new owner. Required items and mailing address are on the form. Information on "Signatory Authority" is contained in the NPDES permit under Part II, Section B.11. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828=296-4500. Sincerely, et Can well Environmental Technician Enclosure col C gh�evi11e,Files w/. attachment WQ Central Files, w/ attachm t William H. Mills/ORC, w/ attachment NorthCarolina Natura!!J 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 0 • United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Ins ection 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 U 5� 31 N00032808 111 121I 06/12/05 117 --� L -� 181 rl 191 SI 201 LJ t_J Remarks 21IIIIIIIIIIIIIIIIIIIII.111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 OA -------------,----Reserved --------- ----------- 67 I, 169 70I I 71 I I 72I N I u ty 73' I_i_j 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) 10:42 AM 06/12/05 05/05/01 Ensley Adult Care �enter.WWTP Exit Time/Date Permit Expiration Date 505 Racking Cove Rd Sylva NC 28779 11:15 AM 06/12/05 07/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility. Data William H Mills/ORC/828-293-3243/ Name, Address of Responsible Officiallfitle/Phone and Fax Number Contacted William H Mills,505 Racking Cove Rd Sylva NC 28779//828-293-3243/ yes Section C: Areas Evaluated During Inspection Check only those areas evaluated) Permit Operations & Maintenance E Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) 71 Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Z�2 �_"" C z. ' 0 - EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO032808 111 12, 06/12/05 117 18' ^' . L Section D: Summary of Finding/Comments (Attach additionalsheetsof narrative and checklists as necessary) William Mills/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on March 21, 2006, by Wanda Frazier, and a follow-up compliance sampling inspection was conducted September 20, 2006, by James Reid and Starr Sylvis. A review of the files indicates that the permit will expire October 31, 2007. Please request a permit renewal 180 days prior to expiration. The aeration basin process control data on the day of the inspection: Dissolved Oxygen = 1..5 mg/I Temperature = 15 degrees Celcius Settleable Solids = 55 % pH = 6.7 units The log book was present on -site and had good records of daily events. The plant looked very nice and clean and the effluent was crystal clear. This facility appears to be well operated and maintained. The operator is doing a fine job. Page # 2 Permit: NCO032808 Owner - Facility: Ensley Adult Care Center WWTP Inspection Date: 12/05/2006 Inspection. Type: Compliance Evaluation e_--:a V.. Mn MA WF (if the present permit expires in 6 months or less). Has the permittee submitted a -new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ,❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: This facility, located on the rest home's property, is not fenced. 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 ■ Cl ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ Cl ❑ ❑ Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical -results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Page # 3 s Permit: NCO032808 Owner - Facility: Ensley Adult Care Center WWTP Inspection Date: 12/05/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? Q ■ ❑ Cl Comment: Please make arrangements to provide the Annual Performance Report. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ Q Cl Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ Cl ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ D Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ ❑ ❑ Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ ❑ 110 Are UV bulbs clean? a ■ ❑ ❑ ❑ Is UV intensity adequate? ❑ ❑ ❑ ■ Is transmittance at or above designed level? ❑ Cl ❑ ■ Is there a backup system on site? Q ■ ❑ ❑ Is effluent clear and free of solids? ■ ❑ ❑ ❑ Comment: There is no backup system. The effluent was very clear. Page # 4 RE: r COUNTY: DATE: lute ►i I. : 11, 01•1 NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION A A /1 47 , Tr c-oo 3o;fV,l Wee Y-evA See 00 . Z; lele- W, +i -g ae i-,'v c rs CA y e� ccu(� off' c�(c� rV I-IAe soli` S. rLic,c je •i I I e (ccQd ke Y-"�`o�. c u o,r� 0 `,n c�u� 3Ci �S' ,`� Oh I of 0# t h0l ,` +' e !�,et +tie o. ID rAYJ a +tip o in 0- v<e % ¢y to cctt cti a ma/ o, Lvc) el-06 4 t :oo Pi-k Thu ,` iou) i-'Jday, C) a u"f' ✓ G +, ` v. 0 t O v,� tag 1.. EFF can -'tie J21A.f cama 6 , der.- -ill- ' ti4f � djr a2i2rkejcod o21L� 'aa -off J-(e o. ,.to K o cva s 1 y J t, v, K cdc,& Q►�d ►fi 001w cAccai ljt'F , egy,,. 10 '3CC �0 r DP,' od o t—. i11 ea. N)4 U)ee' o Come- a c` e tga 4, v )e , Yl Ii CT 1 3 2006 1 WATER QUA JI Y SECI l cHFVILLE RE -GI Michael F. Easley, Governor rY-- William G. Ross Jr., -Secretary North Carolina Departmentt ooffEEnvir nme t and Na ur�a�l R. esources cF K Alan W. Klim u __E. Director. onoWater Quality Asheville Regional Office SURFACE WATER PROTECTION October 2, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 3110 0003 5474 0608 Ms. Cindy M Ensley Mr. Bailey M Ensley 505 Racking Cove Rd Sylva, North Carolina 28779 Subject: NOTICE OF VIOLATION NOV-2006-PC-0436 Compliance Sampling Inspection Ensley Adult Care Center WWTP Permit No. NCO032808 Jackson County Dear Mr. Ensley and Ms Ensley: Enclosed please find a copy of the report from the inspection conducted September 20, 2006. James R Reid and Starr Silvis of the Asheville Regional Office conducted the Compliance Sampling Inspection. The treatment facility was found to be in violation of Permit NCO032808 forthe following: Inspection Area Compliance Issue Permit Limitations The effluent total suspended solids concentration of 47 mg/l violated the facility's daily maximum limitation of 45 mg/I. Permit Condition Part II, Section C.2 of the facility's permit requires proper operation and maintenance. Establishing an aeration basin oxygen concentration of 0.0 mg/l (septic conditions) that caused or contributed to violation of an effluent limitation constituted failure to properly operate. Additional observation and comment is included in the enclosed report. All violations of effluent limitations and permit conditions subject the permit holder to enforcement proceedings provided at Section 143-215.6A-C of the General Statutes of North Carolina. Please carefully review the violations and deficiencies and respond in writing to this office within fifteen (15) workinj days of receipt of this letter. Address the causes of noncompliance and all 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: 828/296-4500 FAX: 828/299-7043 Customer Service: 877/623-6748 One -L'.NorthCarolina Nat,11VIIl1 Mr. Bailey Ensley Ms. Cindy Ensley Page 2 October 2, 2006 actions taken to prevent recurrence of similar situations. If there are questions, please contact James Reid or Starr Silvis at telephone number 828/296-4500. Sincerely, G� .Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Jackson County Health Department, w/ attachment William C. Mills, w/ attach. WQ Central Files w/ attachment Enforcement w/ attachment 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 NCO032808 111 121 06/09/20 117 181 SI 191 SI 2011 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------------Reserved------------- 671 169 7011 2 1 71 11 7211 N I 73 W 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) 03:15 PM 06/09/20 05/05/O1 Easley Adult Care Center WWTP Exit Time/Date Permit Expiration Date 505 Rack-' ng Cove Rd Sviva NC 28779 03:40 PM 06/09/20 07/10/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data i11111iam H '1i11s/0RC/828-293-3243/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted iv'illiar F. HIi11s,505 Racking Cove Rd Sy1va 11C 28779//828-293-3243/ No Section C: Areas, Evaluated During Inspection (Check only those areas evaluated) Permit .Operations & Maintenance ■ Facility Site Review ® Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signat e(s) of inspector(s) Agency/Office/Phone and Fax Numbers Date r � 296- g � James R Reid � J � � ARC r7t%%828-__ �?500 xt.4o'S_/ � ���(i�iji�i�/' �, ,���`G. C Starr Silvis zf� ram _ ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO032308 I11 12I n6109/20 I17 18Isl (cant.) Section D: Summary of Finding/Comments (Attach additional sheets of nprrative and checklists as necessary) The Division of Water Quality inspected the plant in follow-up to high fecal coiiform results stated in self -monitoring reports. During the Divsion's visit; the presence of septic odor resulted in discovery of the aeration basin's oxygen concentration being 0.0 mg/I. (The generally acceptable oxygen concentration for an aeration basin is 1.0 to 3.0 mg/1). Contents of the aeration basin were gray in color and emitted a strong septic odor. According to the operator, the aerator "stuck on" over a weekend (approximately one week prior to the inspection); the operator greatly reduced the aeration schedule but he had not measured the oxygen concerntration after reducing the aeration schedule (to as he stated, "age the sludge"). Lack of oxygen in the aeration basin (perhaps in conjunction with the described period of over aeration) suited in solids loss; the effluent total suspended solids concentration was 47.0 mg/I, in violation of the facility's daily maximum limitation. Page # 2 Permit: NCO032808 Owner - Facility: Ensley Adult Care Center WWTP Inspection Date: 09/20/2006 Inspection Type: Compliance Sampling 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: Inspectors noted a septic odor in the vicinity of the plant. The aerator "stuck on" over the weekend (approximately 1 week prior to the inspection); the operator greatly reduced the aeration schedule "to age the sludge" but had not checked the dissolved oxygen level in the aeration basin since reducing the schedule. The inspectors measured an aeration basin oxygen concentration of 0.0 mg/I; the contents of the basin were gray in color and emitted a strong septic odor when the aerator was manually started, at the inspectors' request. 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? ■ O n n # Are there any special conditions for the permit? n n ■ n Is access to the plant site restricted to the general public? ❑ ■ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ n n n Comment: Plant is located on the rest home's property but is not fenced or restricted beyond its being somewhat located away from access by the general public. Page # 3 DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIELD -LAB FORM (DMi) COUNTY c {�1r�.G '��3`I� PRIORITY SAMPLE TYPE RIVER BASIN —' 1 \`� RR M aR rj`r []AMBIENT ❑ QA ❑ STREAM _( EFFLUENT 0 REPORT TO: �Ii'O��RO MRO RRO WaRO WiRO WSRO TS �- Ot BM �__/ j ❑ LAKE ❑ INFLUENT Other L�iCOMPLIANCE ❑CHAIN ' ((❑ OF CUSTODY I ❑ Fnr rah TT.. nM► M Lab Number: FAO&bFIV Date Received: 9a :�O-OL. Time: Rec'd by: )M From: Bus-Courier{�lan D DATA ENTRY BY: J'�j CK: TAIS DATE REPORTED: Shipped by; Bus Courier, Staff, Other EMERGENCY ((ti ESTUARY COLLECTOR(S): .P �(y. Estimated BOD Range; 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: ��t/1 `�I1°>V�, J 0-Gl�j`"�' 6G�.ir d(� ��o 'j�Q�y1 f�lJ Seed: Yes ❑ No Chlorinated: Yes•❑ No VP REMARKS: [Station # Date Begin (yy/mm/dd) r Time Be in Date End Time End Depth Depth DM DB DBM Value Type Composite Sample I e �1� ��/ A H L T S B (("" G jGNXX 1 BOD5 310 mg/1 3 COD High 340 mg/l COD Low 335 mg/I 4 Coliform: MF Fecal 31616 h /100ml ICJi 5 Coliform: MF TotaI 31504 /100ml Coliform: Tube Fecal 31615 /loom] Coliform: Fecal Strep 31673 /100m1 S Residue: Total 500 mg/I q Volatile 505 mg/I 10 Fixed 510 mg/l 11 �% /\ Residue: Suspended 530 rng/1 41 7 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 pH 403 units 15 Acidity to pH 4.5 436 mg/l Acidity to pH 8.3 435 mg/l Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pli 4.5 410 mg/l 19 TOC 680 mg/l 20 Turbidity 76 NTU Chloride 940 mg/l Chi a: Tri 32217 u9/1 Chi a: Corr 32209 ug/l Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color;(pH ) 83 ADM[ Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/l Formaldehyde 71880 mg/I Grease and Oils 556 mg/I Hardness Total900 mg/l Specific Cond. 95 uMhos/cm? MBAS 38260 mg/l Phenols 32730 ug/1 Sulfate 945 mg� Sulfide 745 mg/I NH3 as N 610 rng/l TKN as N 625 mg/I NO2 plus NO3 as N 630 mgA P: Total as P 665 mg/l PO4 as P 70507 mgA P: Dissolved as P 666 mg/1 CdCadmium 1027 ug/l Cr-Chromium:Total1034 ug/7 Cu-Copper 1042 ug/l Ni-Nickel 1067 ug/I Pb-Lead 1051 ug/l Zn-Zinc 1092 ug/l Ag-Silver 1077 ug/1 AI -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mgA Co -Cobalt 1037 ug/l Fe -Iron 1045 ug/l LI-Lithium 1132 u, Mg -Magnesium 927 tugri Mn-Manganese 1055 ug/l Na-Sodium 929 mg/I Arsenic:Total 1002 ug/l Se -Selenium 1147 ug/l Hg-Mercury 71900 ug/l Organochlorine Pesticides Organophospfwrus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg'4 Phytoplankton (Sampling Point % Conductance at 25 C Water Temperature (C) D.O. mg/I pH Alkalinity pH 8.3 pH 4.5 Acidity pH 4.5 pH 8.3 Air Temperature (C) 2 94 Salinity % 10 Preclpition On/day) 300 0 Cloud Cover % 400 • Wind Direction (Deg) 82244 431 Stream Flow Severity Turbidity Severity 82243 82242 Wind Velocity M/H Stream 20 can Depth ft. Stream Width ft. 480 45 32 36 1351 1350 35 64 4 �rt<:n,� Ypojl a.-r;VA.1 t� DMI/Revised 10/86 as r�M r- ev_-e�-_s�.�,�� /�/J- - a I_es--Aau� bee✓ �l0�7_ - -- ----- - - - - ]D' AUG 2 2 2006 1_D WATER QUALITY SECTION - "-- -- --- ASF;EVILLE-REGiONAL-(-`FFICE------ --------- ----- --- - ----- -- ---- ------ ------ - - - - - - -- Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment -and Natural Resources I AlarrOM -k, P.E. Director E 1ision of Water Quality rp* Asheville Regional Office SURFACE WATER PROTECTION August 11, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553.1244 Bailey M Ensley & Cindy Ensley Ensley Adult Care 505 Racking Cove Rd Sylva NC 28779 Subject: NOTICE OF VIOLATION NOV-2006-LV-0392 - Permit No. NCO032808 Ensley Adult Care Center WWTP Jackson County Dear Ms. Ensley: A review of Ensley Adult Care Center WWTP's monitoring report for May 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 05/02/06 400 900 #/100ml Daily FC Broth,44.5C #/100ml Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Nne oirthCarolina Natll vl�l, f a Ms. Ensley August 11, 2006 Page 2 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 15 working day of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Starr Silvis at 828/296-4500 ext 4665. Sincerely, I, �C�'amcA ,RogerC. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central,Files CAROE Mr. William Mills, Environmental Inc. \NATO,C� Michael F. Easley, Governor c'T< , William G. Ross Jr., Secretary North Carolina Departm yr men n8"Natur urces ran Klimek, ':) :,Director D isiorsof Iatpr,�- ualit Q Y Asheville Regional Office "cam SURFACE WATER PROTECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Cindy M Ensley Bailey M Ensley & Cindy Ensley 505 Racking Cove Rd Sylva NC 28779 Dear Ms. Ensley:. June 19, 2006 7005 0390 0001 3553 0919 Subject: NOTICE OF VIOLATION NOV-2006-LV-0285 Permit No. NCO032808 Ensley Adult Care Center WWTP Jackson County A review of Ensley Adult Care Center WWTP's monitoring report for April 2006 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 04/18/06 400 #/100ml 2,040 #/100ml Daily Maximum Exceeded Despite the violation being reported on the monitoring report, the reverse side of the. report indicated "compliant" in the blocks above the signature line. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 15 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If there are questions, please contact Mr. James Reid at 828/296-4651. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Enclosure cc: WQ Central Files Danny Smith, Compliance Oversight NorthCarolina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 �IirrtuCal�y- EFL ENT � wy NPDES PERMIT NO. DISCHARGE .'f-ol MONTH 'r FACILITYNAME Al` -/ Y Cr ,f CLASS y COUNTY OPERATOR IN RESPONSI LE CHARGE (ORC) W:`li:<,-, ,'/i GRADES PHONE z7� CERTIFIED LABORATORIES (1) r'; - „ L : (2) CHECK BOX IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 NIAIL SERVICE CENTER RALEIGH, NC 27699-1617 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. DWQ Form IvIR-1 (01/00) Facility Status: (Please check one of the following EJ� All monitoring data and sampling frequencies meet permit requirements Compliant. -• All monitoring data'andsampling frequencies do NOT meet permit requirements r,.. :.. pliant :.:. _ Nonco m 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." Permitte...(Please print or type) ............:>_ .... . - . _ . nature of Permitte ** Date Y .. (Regtiired) Phone Number . Permittee Address . - Permrt Exp- ate_. 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 Chlorine 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity, 00630 Nitrates/Nitrites •,,01032 Iiexavalent Chromium :; ::01;147-.Total,Selenium • 7;188Q :-Formaldehyde 0300 Dissolved Oxygen 01.034 Chromium 31616 Fecal Coliform 71900 Mercury 032730 Total Phenolics 81551 Xylene 00310 BOD5 00665 Total Phosphorous 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 Potnt Source Coiiipliance/Enforcement Unit at. 9.19). 733 5083 or by visiting iheWa'te'r'Q61itySoction'sweb'siteath2o.enr.sta nc.us/wqs and linking to the Umt's information pages 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 NCAG 8G .0204 ** If signed by other than the permittee, delegation of signatory authority must be on file with the state,per ,15A NCAG 2B :,0506 (b) (2) (D)• Ensley adult Care Home VJ A TF idy M Ensley iley M Ensley & Cindy Ensley 5 Racking Cove Rd Iva NC 28779 Dear Ms. Ensley: GWv� 828 631 0293 p.l Michael F. Easley, C, 0VCM0T .40 William G. P,oss Jr., Secretary North Carolina Department of L•rnirotnncm and Naturai Resources . Alan W-'Klimckt P.E. Director Division of Water Quality �. heiryiiit Ri!iaitr ff�� ACE; tiiATER PROTECTIONLASHEVILLE JUL- 3 2006 ..June 19,.2006 ATER QUALITY SECTION REGIONAL OFFICE 7005 0390� 0001 553 Q9i 9 Subject: NOTICE OF VIOLATION NOV-2006-LV-0285 Permit No. PJC0032808 Ensley Adult Care Center WWTP Jackson County A review of Ensley Adult Care Center WWTP's monitoring report for April 2006 showed the following violations: Parameter. Date Liiroit Value Reporied Valiue Limit Type —{ '100rn1 2 040 #1100m1 Daily Maximum ,Goliforri, Fecal MF, M-FC 04/18iOE i 400 #, Exceed`ed`` Broth,44.5C i rina Despite the violation being reported on the monito report, the reverse side of the report' indicated $,compliant" in the blocks above the signature line. Remedial actions should betaken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these vioiaticans and deficiencies and respond in writing to this office within 15 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to preventthe recurrence of similar situations. Ifthere are questions, please contact Mr. James Reid at 828/296-4651. Sincereiy, t 0.ct Roger C. Edwards, Regional Supervisor Surface `Hater Protection Enclosure cc: WO Central Files Danny Smith, Compliance Oversight 2090 tS ..c.Highway 70, Swannanoa, N.C. 28778 828i295-4500 ('telephone) 8281799- 043(Fax) Customer Service 877-6 3-6748 mthcarolina ;11-lltl[t'1tflfJ .-T- .'( ✓�5 oa�c� � h-C 710 7z 17� �% O fi cGJ 1� + D �Gq fr o v. i� � r� � .Cv "� � -v( �- v- jay, , + /�%. OL Co 3�y - �"i- r 5 ? c? r ZI .- I f�- c2 < r�cG I C o I o . � j / I/ y -rhe. p�0b%, &OAS) c /,G_61E!G _ f�iE'_ �+� ��'�ttS [2�t/ 1/-/7-D� �-I�-O(c at_ cikid -1,7L a,1"s .�K / kid r -l'y . ile> a.'c n y )1-1 Ore. Michael F:-Easley, Governor• a�F wArF9p William ss r.je cret ramNorth Carolina Departmentof Environment a atu IsourcAlan W. Klimek, P.Director p Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION March 28, 2006 Mr. & Mrs. Bailey & Cindy Ensley 505 Racking Cove Road Sylva, NC 28779 1. SUBJECT: Compliance Evaluation Inspection Ensley Adult Care Center WWTP Permit Number NCO032808 Jackson County Dear Mr. & Mrs. Ensley: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on March 21, 2006. The facility was found to be in compliance with permit NC0032808. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: William Mills, ORC Wanda Frazier, ARO �►�R+.C�Yfacilit�rfilEs_� -. Central files ~� NorthC; NRtu 2090 US Hwy 70, Swannanoa, NC 28778 828-296=4500 Fax 828-299-7043 Customer Service 877-623-6748 171 a United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO032808 Ill 12106/03/21 117 181 CI 19I sI 20I II Remarks 211 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- -------------------- ---Reserved ------ ------------ 67I 1. 0 169 701 I 711 I 72I N I 73I I 174 751 I I I I I I 180 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) Ensley Adult Care Center WWTP 01:20 PM 06/03/21 05/05/01 Exit Time/Date Permit Expiration Date 505 Racking Cove Rd Sylva NC 28779 01:55 PM 06/03/21 07/10/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William H Mills/ORC B28-293-3243 Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William H Mills,505 Racking Cove Rd Sylva NC 28779 .828-293-3243 Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance Records/Reports ■ Self -Monitoring Program Sludge Handling Disposal E Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ..828-296-4500 Ext.4662 Co Sig naturg o fyanagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date °✓ v �rS° EPA Form 3560-3 (Rev 9-94) Previous edition are obsolete. Page # 1 0 r NPDES yr/mo/day Inspection Type 1 3I NCO032808 I11 12I 06/03/21 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The effluent was clear and appeared to be in compliance with permit limits at the time of the inspection. The receiving stream was clear with no apparent impact from the discharge. The back-up operator, Steve Buchanan, takes care of the plant in the absence of the ORC. Note: The previous inspection was on January 21, 2004 (1:55 pm to 2:00 pm). Page # 2 Permit: NCO032808 Owner - Facility: Ensley Adult Care Center WWTP Inspection Date: 03/21/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ❑ ❑ ■ ❑ 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 Comment: The deadline for permit renewal is April 30, 2007. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The aeration basin mixed liquor suspended solids were very light, probably due to toilets hanging up and hydraulically surging solids from the plant, resulting in young sludge. The settleable solids were light brown in color with a cloudy supernatant and measured 90%. The pH measured 7.00 units. The operator logbook contained good notation. The staff of the Care Center should be instructed to report toilets that hang up to the maintenance staff, so that the wastewater treatment plant can be properly operated and kept in compliance with permit limits. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ 0 Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) n❑n■ Comment: Disinfection - UV Yes No NA NE Are extra UV bulbs available on site? ■ n ❑ ❑ Are UV bulbs clean? ■ n n n Page # 3 w Permit: NC0032808 Owner - Facility: Ensley Adult Care Center WVVrP Inspection Date: 03/21/2006 Inspection Type: Compliance Evaluation Disinfection - UV Yes No NA NE Is UV intensity adequate? ■ ❑ ❑ ❑ Is transmittance at or above designed level? ■ o n n Is there a backup system on site? ❑ ■ n n Is effluent clear and free of solids? ■ n n n Comment: The UV system is designed for 2 tubes operated in parallel. There is no backup system in place. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ Q Is the tubing clean? n n ■ fl Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n 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 Page # 4 U` Michael F. Easley, Gov r �' QGWill'' G'Ross Jr, ecr3tary North Caro apartment of.'Env'ronm8nt anal Natural Rt sources lW �j i r 1 AlaniW. KI m k, P.E. Director p Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 13, 2005 CERTIFIED AIL RETURN ECEIPT REQUESTED ' 7002 0460 0001 9899 0164 Bailey M nsley & Cindy Ensley 505 R4Wng Cove Rd Sylva NC 28779 Subject: NOTICE OF VIOLATION NOV 2005-LV-0232 Permit No. NCO032808 Ensley Adult Care Center WWTP Jackson County Dear Ms. Ensley: A review of Ensley Adult Care Center WWTP's monitoring report for March 2005 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 03/31/05 45 mg/I 46 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 working day of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Laurie Moorhead at 828/296-4500. Sincerely, R014 CZ__Z: 44 Roger C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Cen ral Files 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 No°�CthCarolina T9 .f..,..//.. OF Vvr7 / M•l*chael F. Easley,-_Govemor Willi am G. Ross:lr; Secretary t North Cara apartment of Env�ronmeptand N41"LoL resources • Alan W. Klimek, P.E. Director Division of Water Quality y. Asheville Regional Office SURFACE WATER PROTECTION May 13, 2005 CERTIFIED M L RETURN REdEIPT REQUESTED 7002 0460 0001 9899 0171 Bailey M sley & Cindy Ensley 505 Racfflng Cove Rd Sylva NC 28779 Subject: NOTICE OF VIOLATION NOV 2005-LV-0234 Permit No. NCO032808 Ensley Adult Care Center WWTP Jackson County Dear Ms. Ensley: A review of Ensley Adult Care Center WWTP's monitoring report for February 2005 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 02/28/05 45 mg/I 46.5 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to Laurie Moorhead contact at 828/296-4500. Sincerely, TC')&ag1"-r'1C. Edwards, Regional Supervisor Surface Water Protection cc: WQ Central Files 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NoLCarolina ?-ENDER: COMPLETE THIS SECTION COMPLETETHIS SECTION ON DELIVERY' ■ Complete items 1, 2, and 3. Also complete A. Signature 4 if Restricted Delivery is desired. X ❑ Agent your name and address on the reverse •1 ` G ❑.Addresse -+ yam nan return the card to You. B. Receive y (PnntQrir�ame) ' `,, C. Date`of Deliver ■ Al C P t �•s ri, oft:lorth ! are!lna C?pa�~m�r v,rA+ Mal nWo;nlnen� "lnd i\iatil.al f?e-I: IQ�:. erentfrom iten' ❑ Yes 1, a�� :-1 e n. :"`yU J.S. Hi�alr?/:�y 0" ey nr�anoa.—rJe o_ 7 ,addressbelow�r ❑ No i.9t.iF.>ND D ., ��..._.�i IF= "---INUi ENSI Y ice type PdSL�`t' �1�����5 €_����� CeRifiedMail Express Mail + eg!stered �etum Receipt for Merchandi: S05 RACKING COVE ROAD _ _ ❑Insured Mail C.O.D. �YLVA NIC 287/a 4. Restricted Delivery? (Extra Fee) ❑ Yes -- 700�5; 0595i0'io 01{ 3553 T24'4r,;; PS Form 381.1 " February 2004. Domestic Return Recelot 102595-02-M-te UNITED STATES POSTAL Ssnvos °Sender: Please print your name, address, and Z / ���4 (�[��� ' /' Ooi/o/�i//U/^' �v'u/i'u/Uo/Ui' / Ili i/]x,U (UUS, U.I-lU UUU.,- J!3", lt44 m ,m pm y o� w to al CA �' 2090 U.S.NCDENR BAILEY M ENSLEY & CINDY ENSLEY ENSLEY ADULT CARE 505 RACKING COVE i SYLVA NC 28779 S■lete items 1, 2, and 3. Also complete I if Restricted Delivery is desired. ■ your name and address on the reverse so that we, can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L 113 FNSL.I-'Y Y M ENSLEY CKING CUVF. ROAD NC 28779 11 o 0 0;0 3; j 5;4 7 4 ❑ Agent ❑, Addressee BT Received` ' nZBd-Nam C. Date,'of Deli D. Is del-V rddd`res d sifferent.�°m ite 1? b Yes If YES, entl r delivcT addre§sz�- :, , k❑ No e 3. ype Ce ied Mabf ❑ S Mail stered L ^etilni ReCei for Merchandise Psworm 38itil .#FebrUafv 2004 11 11 f Domestic Return Receipt (bra i " b), r ' ❑ Yes Y� 102595-02-M-154 UNITED STATES POSTAL SERVICE AZHEVILLE M'..' 0 Sender: Please print your name, address, LU UD CZD AW. -11MIN REM < mvpij 11191 III(;fFNV k%' 71 SN%','LNNA-N0A N('7.R7'78 i 1-0 !3: 'r- % 'i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Mete items 1, 2, and 3. Also complete A. Signature i. � if Restricted Delivery is desired. "our X Agent ■ name and address on the reverse III Address , so that -we- can -re-tur.n the c - ard - to you. B. Received t� (Printed Name)'_ C. Data of Deliver. i ifferenf-Rbm item 1 -0 Yes ry addQess below: 11 No Xaz 1-3 V L S ice Type' Se 13 Express Mail_ - 11 Registered 1 etum Receipt for Merch.ndis, 14 13 Insured Mail C.O.D., -4. Restricted Delivery? (Extra Abe) ❑ yeo �, 17 qG S 0 3 910 i 0 j! 3 � 5 � 1, 0 9il 19 1 1�0,U iZ 'b& i I 1 -1 io -j) I ..j , b.cZ F=ririm: RR1 I i FP;hr;i inWrOffln4 11 i *1 1 bn;mt-stir. Return Rp.r.p.int 1nP.RQr-nq-M-ir, UNITED STATES PO R-WqEWFELE 2-7 -3UN'.2006.. PMI. 0 Sender- Please print your name, address, and Z box 0 ■ "CAS&t4 itema'1, 2, and 3. / ~Sig, a.p, ■ P our name altid address on the reverse ~ - / �Qgent __e , ��/ ❑ Addressee so thaiwe can, return the card to you. �� ` ���' �'� Re_qeived b (Punted Name) C. Date of Deliver) AtiIliam H. Mills, Contact'Person $_ I /��� 13"d�S ')ice Nestern Valley Properties LLC Is delivery address different from item 1?i Ye ove If YES, enter delivery address below: o 3ylva, NC 28779 rh i tr)) 5+cvV- �i 9590 9402 2119 6132 6495 67 7016;' 1,370,00'01 1615711 ;s.—zidrvice Type ❑ Adult Signature ❑ Priority Mail Express® ❑ Registered MailTM ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restrict Certified Mail® certified Mall Restricted Delivery Delivery (�YR_etum Recelpt for tetrchandlse ❑ Collect on Delivery __ ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT • • : Mail : ; :::: : U,Signature Confirmation i Mail Restricted'defve 2 ? Restricted Delivery . : • 3S Form 3811. Juiv 2015 PSN 7530-02-000-9053 AI n1/ . Jw 11. O // Domestic Retum USPS TRACKING # �. Iz First -Class Mail Postage & Pee id USPS r Permit No. G-1 9590 9402M3%132 6495 67 Hite' States • Sender: Please print your name, address, and ZIP+4® in this box• Postal Senric N i� N JANET CANTYELL r NCOEO-0WR-YYOROS r. / T090 U.S. HIGHWAY 70 NQ Ij SWgNNANOA NC T8778 I r O (L LJ C C.O M 0 r IC y ¢ ¢1 0 g C im Complete items 1, 2, and 3. Also complete A. sign re item 4 if Restricted Delivery is desired. X Print your name and address on the reverse so that we can return the card to you. B. Received by . ■ Attach this card to the back of the mailpiece, , �nv:ionn-�nl �nci ;at i 'z • 'e,�8 Lo'--o l cy ic4rrlt;y 7 j jn�i utetl =i. i:r �..v......a-ws.�.ar �.,.-_s.-a.ma.vn.[s�•.«-.reua.m.••.•ra.rsve+�+.c.cae✓wn...urvs ❑ Agent ❑ AddresseE C. Date of Deliver) = (� ❑ Lc7 1— C O LEI J z O) O �?,ii_ '! Ivll 'NSLt-- 3. erviceType d Li�;tJ`r,' i_i1C•L_i`'� Certif H Exp;;! it O �, I J ❑ Register Return Recei fg ie\t, VE ,.� f ❑Insured ail O.D. d S i LV A NA 7 % 7 `- 4. Restricted D � ?. Article Number 70020.460 0001 9 9rf'�B-9,��,�_ (Transfer from service label) r , ; .., • .. ... .. , .. . . a . IS Form 3811,�A6gus't 20b1 ' Qo`me'stic Return Receipt Yes UNITED STATES POSTAL SERVI L E �taGleT2il� J� �E, Po t ge$-fees.P.�id n P M N ermit m :��,���:.�t7��� `,itCBr}ii Ilt �g, �t �rt'G�'�'i�,•tfcr�+ ^y �, �y7rii;-Woa. r�% t ?7$ �"O�'�*m+�..a�^.wwawme.ae.rwar..rm+n.��caa.>+..avrear�.ms:m.+zrc�.ga.a�.tir iii:i::II i:::ii ■ Complete items 1, 2, and 3. Also complete A. signature item 4 if Restricted Delivery is desired. Xa?�� ❑ Agent ■ Print your name and address on the reverse _ _ ❑ Addressee so that we can return the card to you. B. ReceiJ4d by P(it -07.-Date•o Delivery ■ Attach this card to the back of the mailpiece, Ig 5-1 f� —nr_nn_thc.frnnflf_nsxo-..+n..++;+- - 4 V- ,W Per h Carolina C; �uiin ei;! �ferentfrom iten 1 z Yes yam,; �_;tvlro imcrr <Inc iJatut:z; �: -�t� trc' ryaddress-below : 013 No ' Y _ I 9C* I_' SVJa flit 2i11,� ji,{aj Li?�iIr`i �u�7i _ N 3. S Nice Type -) Q G U ❑ I' 1 Certifie Mail 6ipress M IIw }y t' '`'{ ❑ Regist Mail Return RegerptforMerchandise 510� s:,41'`.?1i(•.7_ ,`Li�,r� �L�r:�%' ❑InsurediMaj D---!�E SY t VA NA ', 7 7 9 4. Restricte �Deli¢ery4 F(Extra,Fee) �' ❑ Yes ?. Article Number -� (Transfer -from service Labe • _ 7 0 2 ; 0 4,6 0 0001 91- ' 9 016 4 E i i i f i r-i— i f—i iTi�s 3S Form 9811, August 20'01 Domestic Return Receipt 102595-02- t54 UNITED STATES POSTAL SERVICE v` Eirqtal@ps.MaiF--- Post6ge , FeesnPaid, -USP8 Permit No. G-10 0 10 N or; rt G IL"x" vj -\1 4 0 'J.S� Highvwy 70,,,3%Aann anoi, I�Jc '4877& ,LURE N.40n-R'HL-'k\D N1CDENR-.P1WQ.' SURFACE WAFER PROI FICIT'iON 0 20,90 lj.S. HiCH,.-1VAY 70 SWANNAING'A INC ?F778 if fillil fill IfIlill JI I A III III III J III III I flillifffil III I if Ii