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NC0066141_Regional Office Historical File Pre 2018
A • A 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 April 9, 2012 Honorable Janice H. Abernathy Mayor Town of Spencer Mountain PO Box 128 McAdenville,NC 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,North Carolina Dear Mayor Abernathy: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 22, 2012 by Ms. Donna Hood of this Office. Please inform the facility's Operator-in-Responsible Charge of-our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, (Y--) Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure DH Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 Phone:(704)663-1699 i Fax:(704)663-60401 Customer Service:1-877-623-6748 Internet:www.ncwaterqualitv.orq One An Equal Opportunity i Affirmative Acton Employer—50%Recycled/10%Post Consumer paper NorthCarolina Naturally r United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water CompIianc:A 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 Eli I 2 ill I 31 NC0066141 111 121 12/03/22 117 181.E1 191 c I 20 J !_! L J I Remarks I� 211IIIIIIIIIIIIIIIIIII11111111IIIIIIIIIIIIIIIIII166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------------Reserved------------ 67I 1.0 169 70 U 71 LI 721211 731 I 174 751 I I I I I I 180 '--1 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 12/03/22 10/04/01 Spencer Mountain WTP NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 10:20 AM 12/03/22 15/01/31 Name(s)of Onsite Representative(s)fTitles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Janice H Abemathy,PO Box 128 Mc Adenville NC 28101/Mayor/704-823-2252/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) II Permit II Flow Measurement Ill Operations&Maintenance •Records/Reports II Self-Monitoring Program •Facility Site Review II Effluent/Receiving Waters •Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna Hood , / MRO WQ//704-663-1699 Ext.2193/ /// S' ure f Management Q A few r Agency/Office/Phone and Fax Numbers Date el.\ Marbia All co MRO WQ//704-663-1699 Ext.2204/ J EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 31 NC0066141 111 121 12/03/22 117 181�l Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 03/22/2012 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? 001110 Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 0 ■ 0 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: The facility is expected to cease discharge by 04/30/2012. The permit is considered a candidate for rescission at cessation of discharge and after proper plant closure. 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: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years(lab.reg.required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 0 ■ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Page# 3 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 03/22/2012 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? 0 0 0 • Comment: DMRs for 01/2011-12/2011 were reviewed for the inspection. The following violations were reported during the review period: 02/2011-TRC daily maximum violation 03/2011-TRC daily maximum violation 04/2011-TRC daily maximum violation 05/2011-TRC daily maximum violation All violations were handled under prior cover. It was noted during the inspection that manganese is not being reported in micrograms per liter on the DMR but in milligrams per liter. Please report manganese in micrograms per liter on all future DMRs. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? Ninon Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? U ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ n ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ U ❑ Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? ❑ ❑ E ❑ Comment: A laboratory inspection was performed concurrently with the NPDES inspection. Please refer to the inspection report from Mr. Chet Whiting, of this Office, for any laboratory recommendations. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? 0 0 ■ 0 Is the flow meter operational? 0 0 • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: The facility uses pump curves and pump run times to calculate effluent flow amounts. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Page# 4 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 03/22/2012 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? 00110 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ ❑ ■ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ❑ ❑ ■ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? ■ 0 0 0 Comment: Page# 5 4"i FIL NCDENR E� North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 16, 2011 The Honorable Joyce Abernathy, Mayor Town of Spencer Mountain Post Office Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2011-LV-0372 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the May 2011 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 5/12/11 Total Residual Chlorine 130 ug/1 28 ug/1 (daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact John Lesley of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Mr.Lesley or me at(704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch JL Mooresville Regional Office Location:610 East Center Ave..Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699;Fax:(704)663-60401 Customer Service.1-877-623-6748 NorthCarolina Internet:www.ncwaterguality.org /�/1 }�/� = ca .fr ally ci. arc oara �'atU e!! AV:11A r rdi NCDENR E K/ North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 21, 2011 The Honorable Joyce Abernathy,Mayor Town of Spencer Mountain Post Office Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2011-LV-0271 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the April 2011 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 4/15/2011 Total Residual Chlorine 130 ug/1 28 ug/1 (daily maximum) 4/28/2011 Total Residual Chlorine 95 ug/1 28 ug/1(daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations.If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may. contact John Lesley of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Mr.Lesley or me at(704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch JL Mooresville Regional Office Location.610 East Center Ave. Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax (704)663-6040\Customer Service:1-877-623-6748 North Carolina Interne` www.ncwaterquality.org �aturallt� An E a Ov,-turr Affirrratr.' A- � Ernpi^',.---3r Re'vcled'110` •,ur:er ,pe A ..A„ FILEy NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 1, 2011 Honorable Janice Abernathy, Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2011-LV-0240 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the March 2011 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 3/10/11 Total residual chlorine 250 µg/L 28 µg/L(Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms. Allocco or me at (704) 663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NyTthCarolina Internet:http:llportal.ncdenr.orglweb/wq :Naturally An Equal Opportunity I Affirmative Action Employer-30%Recycled'10°o Post Consumer paper E.: Lt ),y‘ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 19,2011 Honorable Janice Abernathy,Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2011-LV-0193 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: - A review of the February 2011 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 2/25/11 Total residual chlorine 170 µg/L • 28 µg/L(Daily maximum) Remedial actions,if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms.Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at (704)663-1699. Sincerely, Cr Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699 1 Fax:(704)663-6040\Customer Service:1-877-623-6748 NorthCarolina Internet http://portaincdenr.orglweb/wq - a,Aat1/t+a!`�/ An Eaual Opportunity 1 Affirmative Action Employer—30%Recycled/10%Post Consumer paper �/ Y Li K �/ Arcloril FILE, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 22,2010 Honorable Janice Abernathy,Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Monitoring Violations Tracking#: NOV-2010-MV-0172 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the August 2010 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Parameter Date Reported Value Monitoring Requirement pH 8/1/10-8/31/10 Once Twice per month Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit violation, a response to this notice is not required;however, should you have additional information concerning the violations or comments which you wish to present,please submit them to the attention of Ms.Marcia Allocco. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at 704/663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:http://portal.ncdenr.org/web/wq Naturally An Equal Opportunity\Affirmative Action Employer—30%Recycled/10%Post Consumer paper ..A IFILE/2,/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 29, 2010 Honorable Janice H. Abernathy Mayor Town of Spencer Mountain PO Box 128 McAdenville,NC 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County,North Carolina Dear Mayor Abernathy: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 2, 2010 by Ms. Donna Hood of this Office. Please inform the facility's Operator-in- Responsible Charge of our findings by forwarding a copy of the enclosed report. Please be advised that the facility continues to have record keeping problems with organization, late DMRs, and incomplete DMRs. It is ultimately the responsibility of the Permittee to ensure compliance with the permit. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Ms. Hood or me at(704) 663-1699. Sincerely, Ai-Robert B. Krebs Surface Water Protection Regional Supervisor Enclosure cc: Janice H. Abernathy,Mayor, alternate address Steve Braswell, Council Member Henry Graham, Council Member Joe Abernathy, Council Member DH Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-1699\fax:(704)663-6040\Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Alai/rallyAn Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer paper Uniteo States Environmental Protection Agency EPA Washington,C.C.20460 Form Approved. CMB No.2040-0057 Water Compliance Inspection Report Approval exoires 8-31-98 Section A: National Data Syszem Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspectcr Fac Type 1 I NI 2 1 51 31 N00066141 1 11 121 10/ 9/02 1 17 181 CI 191121 . 20I 11 Remarks 211111111111111IIIII1111IIIIII11111111111111IIII166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ------------ Reserved--------- 671 1 69 701 21 71 11 721 NI 731 1 174 761 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) 01:30 PM 10/09/02 10/04/01 Spencer Mountain WTP NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 02:30 PM 10/09/02 15/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Janice H Abernathy,P0 Box 128 Mc Adenville NC 28101/Mayor/704-823-2251 / 0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Ill Permit II Flow Measurement "'Operations&Maintenance •Records/Reports IN Self-Monitoring Program II Facility Site Review II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) / Agency/Office/Phone and Fax Numbers Date ) Donna .•od r MRO WQ//704-663-1699 Ext.2193/ i / '/ /O )/o Arl S. nature of Management Q A�teview r Agency/Office/Phone and Fax Numbers Dat I 0[aeA l'1:::) Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type 1 3I NC0066141 Ill 121 10/09/02 I �� 18ICI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Page# 2 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 09/02/2010 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? 00110 Is the facility as described in the permit? ■ n n n #Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 ❑ ■ D. Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ ❑ n n Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n n n Are analytical results consistent with data reported on DMRs? n ■ n n Is the chain-of-custody complete? ■ n n n Dates, times and location of sampling Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses Transported COCs • Are DMRs complete: do they include all permit parameters? ■ n n n Has the facility submitted its annual compliance report to users and DWQ? n n ■ n (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? n n on Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ n n Is a copy of the current NPDES permit available on site? ■ n n n Page# 3 Permit: NC0066141 Owner-Facility: Spencer Mountain WfP Inspection Date: 09/02/2010 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review'? 0 0 • n Comment: DMRs for June 2009-May 2010 were reviewed for the inspection. The following violations were reported for the review period: June 2009: Late DMR September 2009: TRC violation November 2009: Late DMR December 2009: No samples reported on the last week of the month April 2010: No monthly averages/maximum/minimums reported June 2009, September 2009, and November 2009 violations have been handled under previous cover. An amended DMR was submitted for December 2009 and April 2010. No other violations were noted for the review period. Continued organizational/record keeping were again problems for the facility. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory'? ■ n n n Are all other parameters(excluding field parameters)performed by a certified lab? ■ n n n #Is the facility using a contract lab? ■ n n n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? n n ■ n Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? n n ■ n Comment: Shealy Environmental (#329) performs all necessary analyses. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? n n ■ n Is flow meter calibrated annually? n n n Is the flow meter operational? n n n (If units are separated)Does the chart recorder match the flow meter? n n ■ n Comment: The facility uses pump curves and run times to calculate flow. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n U n Is sample collected below all treatment units? U n n n Is proper volume collected? ■ n n n Is the tubing clean? n n ■ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? n n n U Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ n n n Page# 4 Fir Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 09/02/2010 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ■ ❑ Q Comment: Page# 5 �1r i NCDENR I North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H.Sullins Dee Freeman Governor Director Secretary October 19,2010 Honorable Janice Abernathy,Mayor Town of Spencer Mountain P.O.Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2010-LV-0371 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the July 2010 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 7/16/10 Total residual chlorine 170 µg/L 28 µg/L(Daily maximum) Remedial actions, if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms.Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at (704)663-1699. Sincerely, 7c2) Robert B.Krebs • Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 North Carolina Internet:http://portal.ncdenr.org/weblwq Naturally An Equal Opportunity\Affirmative Action Employer-30%Recycled/10%Post Consumer paper • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary December 17, 2009 The Honorable Janice Abernathy,Mayor Town of Spencer Mountain P.O.Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2009-LV-0540 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the September 2009 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 9/11/09 Total residual chlorine 200 µg/L 28 µg/L(Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations.If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at (704)663-1699. Sincerely, Robert B.Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org �aturall� An Fnual r nnnrtnnihr 1 Affirmafiva Artinn Pmnlnvar_'{fMi,RarvrIarlNf%Pod C Pod nanar A • Ais,„ ite NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 21,2009 Honorable Janice L. Abernathy,Mayor Town of Spencer Mountain • PO Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation—Effluent Limitations Tracking#: NOV-2009-LV-0375 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the April 2009 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 4/8/09 Total residual chlorine 160 µg/L 28 µg/L(Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me at (704) 663-1699. Sincerely, -1-e4 Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 North Carolina Internet www.ncwaterquality.org � An Fnual rinnnrtunity 1 Affirmativo Artinn PmnInvor-111%RorvdoAl1n�M Pnct r'n nm ncer nana �atural`y r -ri‘Aq „Air7s4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 12,2009 Honorable Janice L. Abernathy,Mayor Town of Spencer Mountain PO Box 128 McAdenville,North Carolina 28101 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV-2009-LV-0224 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Abernathy: A review of the January 2009 self-monitoring report for the subject facility revealed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit 1/16/09 Total suspended solids 100 mg/L 45.0 mg/L (Daily maximum) Remedial actions, if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Ms.Allocco or me • at 704/663-1699. Sincerely, e_._ Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Gaston County Health Department MA Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterguality.org t�lf f An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer paper Natural! Town of Spencer Mountain VQ2 Post Office Box 128 McAdenville,North Carolina 28101 JAN222M9 January 20, 2009 Mrs. Marcia Allocco DV��6l'SU'face W Ie' P'c'�‘'i;on Surface Water Protection Mooresville Regional Office 610 E. Center Ave., Suite 301 Mooresville NC 28115 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County NC Mrs. Allocco, Please find enclosed a response to the above aforementioned inspection performed by Mr. Wes Bell on Dec. 18, 2008. If any further information is needed please feel free to contact me at 704-823-2310. • cere , es L. Davis ORC Town of Spencer Mountain Spencer Mountain WTP NPDES Permit No.NC0066141 RECORD KEEPING: Comments: - effluent pH analyses were performed on 1/24, 1/31, 3/28, and 4/10/08 by the contract lab but were not reported on the appropriate DMRs. - several weeks were left blank on the DMRs with no documentation of the facility's discharge status. -no effluent TRC value was documented on the 3/28/08 chain of custody form. -no times were reported on DMRs for upstream/downstream values on 4/16, 7/18, and 8/08/08. -April 08 DMR packet was not accessible. -the maximum,minimum, and monthly average for effluent TSR was not reported for May 2008. -the chain of custody form for 8/8/08 samples was not accessible. - effluent TSR was incorrectly transcribed on 8/1/08. -additional discrepancies noted on chain of custody forms from contract lab staff noted. RECORD KEEPING: Response: -Amended DMRs will be made and resubmitted to DENR. This was an oversight by the ORC. - When there is no discharge for any given week"no discharge"will be noted on the DMRs. - In the future a copy of the original lab chain of custody will be maintained by facility staff at the Pharr Yarns WWTP office instead of using the computer generated chain that is sent with lab results. - The times for up/downstream weren't reported because the computer generated chain of custody did not print or make the transfer when it was submitted to the facility. A copy of the original chain will be kept at the Pharr WWTP in the future. -An ongoing investigation in the whereabouts of this packet is being conducted. This packet should have been stored with all other DMR packets of all our plants. - The not reporting of maximum,minimum, and average on the May 08 DMR was a clerical error by the ORC due to the submitting of the DMRs at the submission date. A more conscientious effort will be made to ensure that all data is entered on the DMRs. - The chain of custody for 8/8/08 did not print off the computer generated report from the contract lab. In the future, a copy of the original chain will be maintained at the Pharr WWTP. - The additional discrepancies that were noted during the inspection are in the process of being worked out between the contract lab and plant personnel. If these problems can not be fixed in a timely manner a different lab will be used that can meet expectations. pF WATF,9P Michael F.Easley,Governor %0 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources -c Coleen H.Sullins,Director Division of Water Quality January 6, 2009 THE HONORABLE JANICE H ABERNATHY MAYOR FOR THE TOWN OF SPENCER MOUNTAIN PO BOX 128 MC ADENVILLE NC 28101 RECEIVED SUBJECT: Payment Acknowledgment JAN 1 2 2209 Civil Penalty Assessment Spencer Mountain WTP fi lw. 04.. Case Number: LV-2008-0454 OW rfece r. er Gaston County �� � r Dear Mayor Abernathy: This letter is to acknowledge receipt of check number 224044 in the amount of$433.64 received from you dated January 2, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions,please call Robert L Sledge at 919-807-6398. Sincerely, 49Z/11L */LL-1412, Dina Sprinkle cc: Central Files Mailing Address Phone(919)807-6300 Location NorthCarolina 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. Naturally Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper W A rF Michael ff Easley,::r ' William ss Jr., etary North Carolina Department of Environment and Natural Resources > 7.1 p — " Coleen H.Sullins,Director Division of Water Quality December 22, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1582 RETURN RECEIPT REQUESTED Honorable Janice L. Abernathy, Mayor Town of Spencer Mountain PO Box 128 McAdenville,North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0066141 Spencer Mountain WTP Gaston County Case No. LV-2008-0454 Dear Mayor Abernathy: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.64 ($350.00 civil penalty+ $83.64 enforcement costs) against the Town of Spencer Mountain. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for August 2008. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No.NC0066141. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Spencer Mountain violated the terms, conditions, or requirements of NPDES Permit No. NC0066141 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, John Lesley, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Spencer Mountain: 0 A1. N Caro lina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper $ 100.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0066141, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for settleable solids. $ 0.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0066141, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for suspended solids. $ 250.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0066141, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for settleable solids. $ 350.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. $ 433.64 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved,the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had.been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center .Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ohn Lesley Acting Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments jl/ma ATTACHMENT A CASE NO. LV-2008-0232 Outfall Date Parameter Reported Value Permit Limit 001 8/15/08 Settleable solids 1.0 mL/L* 0.2 mL/L (Daily maximum) 001 8/15/08 Total suspended solids 49.0 mg/L 45.0 mg/L (Daily maximum) 001 8/31/08 Settleable solids 0.25 mL/L* 0.1 mL/L (Monthly average) * Denotes civil penalty assessment • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) 'ADMINISTRATIVE HEARING AND THE TOWN OF SPENCER MOUNTAIN ) STIPULATION OF FACTS PERMIT NO. NC0066141 ) FILE NO. LV-2008-0454 Having been assessed civil penalties totaling$433.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 22,2008,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document: The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0454 Assessed Party: The Town of Spencer Mountain County: Gaston Permit Number: NC0066141 • Amount Assessed: $433.64 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 fib)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: The Town of Spencer Mountain Facility: Spencer Mountain WTP County: Gaston Case Number: LV-2008-0454 Permit Number: NC0066141 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; The settleable solids concentration was 1.0 mUL on August 15, 2008, which exceeded the permit limit of 0.2 mUL. The monthly average settleable solids concentration of 0.25 mUL exceeded the permit limit of 0.1 mUL. The total suspended solids concentration was 49.0 mg/L on August 15, 2008, which exceeded the permit limit of 45.0 mg/L. 2) The duration and gravity of the violation; The settleable solids daily maximum permit limit was exceeded by 400% on August 15, 2008 and the monthly average permit limit was exceeded by 150%. The suspended solids daily maximum permit limit was exceeded by 8.9% on August 15, 2008. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as settleable solids and TSS concentrations were not determined in-stream. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. Settleable solids can migrate to the streambed and smoother bottom- dwelling aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been five other CPAs against the Town of Spencer Mountain for the Spencer Mountain WTP during the life of the permit with one CPA issued in the past twelve months as detailed below. Case Number Description LR-2008-0015 $600.00 Late Reporting violation for the June 2008 DMR. Penalty is unpaid. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.64. ' I - a Date Acty RO Supervisor Division of Water Quality . Report Date: 12/01/08 Page: 11 of 22 MONITORING REPORT(MR)VIOLATIONS for: • v. !3k^.":v31 �^<:;�f .yx 1°p,`1,: +,�.. �'r?i •243'�e Report : r "= ', s Betty " "';r : 'Moores ilia d, ' _ V olation Category Lirriit Violation Program Category:NPDES WW ;. _? a :,,d, 4 • MRs Between:- •8-2008 ands a- 008 't`tReglon; F vi } >, Lin , :,` .� Permit � 5.�:� �. s . ;. h- .`- •.y `-4r � & ';7`�vr�it£I�.�w £ � :", % ; OQ ,, b ,• ;: ,t az 4..• ,. 0. o/ y h a a ,' Subbasin: Violation Action: l �� 'a } .*de. f „, t,:y.?`i... ! . , C9llflh/.,/O,G,F g. .0.4 ,i ':" F°-i'� fi o pure; ,� ,+.x ':P3ram N2me �o ��� '?��» w�,: x e t�sv�{, � r `-<� £,: �. �`� ,3?. Facility Name. /o a F ; •. 2 s x dfi F 4 a ?;> F t 1 � i :.^.s ..� � x� ,�33 ��i`-.s �ay2h ;; �Z `�'. ^� x<:�, i �•.:. ,/,: t y ,.� r • s N..' t ,�. r'.a.:.'"a+k r F <.,. :" .: g .; x .'?'.de;, Y. F.z�z � ;fi r '"' z.. p�j fi i� /;f= � � ,.V�d� � 7.;'� � ^ � ' f ;F�� ;,�rf�� �: �m ,� ,�:,,. n,>,��i 1 �.,.*fit ,. .... r % :;, fi..5 x �s,.;° ,'. s`u •b.5s k s.� r a �.,,.,.sg, £ t,0:,V ra S:;4*Za<.«1 ,e,.,s:,V4'... 4.ft .•.., . », ?.,:•e:: , ••Major Minor: � �� �a ,,� �, "�,s,��' s�?,,"��a��;$,�=;r�.�"'n K� ,.a:.,�„<�hV��r.r�,. ,<� *�� ..,. PERMIT:NC0060755 FACILITY: Carolina Water Service Inc Of NC-Saddlewood WWTP COUNTY:Gaston REGION: Mooresville Limit Violation ' MONITORING OUTFALL/ UNIT OF • CALCULATED ___ � VIOLATIONDTE FREQUENCY MEASURE LIMIT X EffJ, VIOLATION TYPE VIOLATION ACTION REPORT" PPE.. . LOCATION . PARAMETER ""' 17 22 Daily Maximum Exceeded None 08-2008 001 Effluent Chlorine,Total Residual_ _,__08/14/08 2 X weekt` 08-2008 001 Effluent Chlorine,Total Residual 08/22/08.-7 wee}k /I 17 18 Daily Maximum Exceeded None —•--'"''� 0 Dail Maximum Exceeded None 08-2008 001 Effluent Chlorine,Totat•Residual 08/28/08 2 X week ugh 17 Y /'� COUNTY:Gaston REGION: Mooresville PERMIT:NC0066141 FACILITY: Town of Spencer Mountain-Spencer Mountain WTP Limit Violation J--- 1--ate ✓ 1 VIOLATION UNIT OF CALCULATED MONITORING OUTFACE/ DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION REPORT PPI LOCATION PARAMETER 08-2008 001 Effluent Solids,Settleable 08/15/08 Weekly ml/I 0.2 1 Lk Daily Maximum Exceeded None E (O`•') ml/r 0.1 0.25 t Monthly Average Exceeded None OS-2008 001 Effluent Solids,Settleable 08/31/08 Weekly � �+_ 08-2008 001 Effluent Solids,Total Suspended 08/15/08 2 X month mg/I 45 49 E''•ci Daily Maximum Exceeded None-''^-� • 4-I ' • - +U- 1tA.V B Ce = I �` W°. WAMichael F.Easley,Govern9r"\QrWilliam G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > 7 O Coleen H.Sullins,Director Division of Water Quality December 31, 2008 The Honorable Janice Abernathy, Mayor Town of Spencer Mountain Post Office Box 128 McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,N.C. Dear Mayor Abernathy: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on December 18, 2008 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by January 21, 2009, addressing the deficiencies noted in the Record Keeping Section in the attached report. Please be advised that the permittee and ORC must ensure all self-monitoring data is being properly documented and maintained as required by the subject permit. The failure to maintain the permit-required documentation can subject the Town to civil penalties up to twenty-five thousand dollars ($25,000.00)per day. In responding to the deficiencies, please address your comments to my attention. The report should be self-explanatory; however, should you have questions concerning this report,please do not hesitate to contact Mr. Bell or me at(704) 663-1699.. • Sincerely, Marcia Allocco Acting Regional Supervisor Surface Water Protection Enclosure: cc: Gaston County Health Department WB Mailing Address Phone(704)663-1699 Location N?n Carolina610 East Center Avenue,Suite 301 Fax (704)663-6040 610 East Center Avenue,Suite 301A7aturally Mooresville,NC 28115 Mooresville,North Carolina Internet: www.ncwaterqualitv.org Customer Service 1-877-623-6748 en Fnuai nnnnrfiinity/Aff rmativa Artinn Fmnlnver—50%Recycled/10%Post Consumer Paper United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1� 2 151 31 NC0066141 111 121 08/12/18 117 18W 19 IA 20LJ Remarks 11�- ,-J 211111111111111111111111111111111111111111111111166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.5 1 69 70 U 71111 u' 721 N( 731 1 174 751 11 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) 03:19 PM 08/12/18 05/05/01 Spencer Mountain WTP NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 03:27 PM 08/12/18 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Janice H Abernathy,P0 Box 128 Mc Adenville NC 28101/Mayor/704-823-2252/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) IIII Permit Flow Measurement •Operations&Maintenance MI Records/Reports Self-Monitoring Program II Sludge Handling Disposal II Facility Site Review •Effluent/Receiving Waters Laboratory Section D: Summary of Findinq/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell t'/,/f // (/// MRO WQ//704-663-1699 Ext.2192/ lX7,7 71 Q� S' nature of Mana eme it Q A Re w r Agency/Office/Phone and Fax Numbers Date Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3, NC0066141 (11 12, 08/12/18 1 17 181 CI Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: The organization of the facility's records has been improved; however, the review of the facility's self-monitoring data revealed the following discrepancies: - effluent pH analyses were performed on 1/24/08, 1/31/08, 3/28/08, and 4/10/08 by the contracted lab but not reported on the appropriate DMRs. - several weeks were left blank on the DMRs with no documentation of the facility's discharge status. - no effluent TRC value was documented on the 3/28/08 chain of custody form. - no times were reported on the DMRs for the upstream and downstream values on 4/16/08, 7/18/08, and 8/08/08. -the April 08 DMR packet (including chain of custody forms, laboratory analyses, etc.) was not accessible at the time of the inspection. -the maximum, minimum, and monthly average was not reported for effluent total suspended solids during May 08. -the chain of custody form was not accessible for the 8/8/08 sample analyses. -the effluent total suspended residue value was incorrectly transcribed on 8/1/08 (should have been reported as 8.0 mg/I). Additional discrepancies were noted in the chain of custody forms completed by the contracted laboratory staff during July 08 and August 08. The ORC should review these chain of custody forms and discuss the discrepancies with the contracted laboratory staff to ensure all self-monitoring data is being properly documented. Page# 2 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 00110 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? 0 • 0 0 Are all records maintained for 3 years(lab. reg. required 5 years)? 000 . Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? 0 ■ 0 0 Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration 0 Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete:do they include all permit parameters? 0 ■ 0 0 Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? 0 0 ■ 0 Is the ORC certified at grade equal to or higher than the facility classification? 0 0 ■ 0 Is the backup operator certified at one grade less or greater than the facility classification? 001110 Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 0 ■ 0 Page# 3 G William G.Ross Jr.,Secretary Ltki r ti North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality September 12,2008 CERTIFIED MAIL 7007 1490 0004 4510 0455 RETURN RECEIPT REQUESTED Honorable Vivian Brooks, Mayor Town of Spencer Mountain PO Box 128 Spencer Mountain,North Carolina 28101 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV-2008-LV-0438 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County Dear Mayor Brooks: A review of the May 2008 self-monitoring report for the subject facility revealed a violation of the following parameter: Outfall Parameter Reported Value Permit Limit 001 Total residual chlorine 110 µg/L 28 j.tg/L (Daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms.Allocco or me at 704/663-1699. Sincerely, /-77( 6 (''Robert B. Krebs Regional Supervisor Surface Water Protection cc: Point Source Branch Gaston County Health Department MA AVA N%1 Caro ina NCDENR JVaturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper p,W ATFgQG Michael F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources O 'F Coleen H.Sullins,Director Division of Water Quality September 3, 2008RECEIVED CERTIFIED MAI-L 7003 0500 0002 6819 3767 RETURN RECEIPT REQUESTED S E P - The Honorable Janice H. Abernathy Town of Spencer Mountain ('�C DENP MRO P. O. Box DW6-Surface Water Protection Spencer Mountain,NC 28101 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Town of Spencer Mountain WTP NPDES Permit Number NC0066141 Case Number LR-2008-0015 Gaston County Dear Mayor Abernathy: This letter transmits notice of a civil penalty assessed against the Town of Spencer Mountain in the amount of$600.00 ($500.00 civil penalty+$100.00 in enforcement costs). This assessment is based upon the following facts: the June 2008 discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV) was sent to you dated June 24, 2008 (received by you on June 25, 2008), for failure to submit the April 2008 discharge monitoring report in a timely manner. Within said NOV, you were informed that future reports not received within the required timeframe would result in a recommendation for assessment of civil penalties. Based upon the above facts, I conclude as a matter of law that the Town of Spencer Mountain violated or failed to act in accordance with the requirements of NPDES Permit NC0066141 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a)(9) and G.S. 143- 282.1(b)(8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Town of Spencer Mountain: N""ot�hCarolina dvatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)807-6300 Customer Service Internet: www.ncwaterqualitv.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper Town of Spencer Mountain LR-2008-0015 p. 2 $ coo. 00 for failing to submit the June 2008 Discharge Monitoring Report as required by NPDES Permit NC0066141 and G.S. 143-215.65. $ / d 0 ' 00 Investigation Costs $ G p D, 0 0 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty,I have taken into account the Findings of Facts and Conclusions of Law and have considered each and every specific factor set out in G.S. 143B-282.1(b),which are (1) The degree and extent of harm to the natural resources of the State,to public health,or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR Town of Spencer Mountain LR-2008-0015 p. 3 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information submitted in support of your request for remission and inform you of his decision in the matter. Depending on the outcome of his review, his response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR Town of Spencer Mountain LR-2008-0015 p. 4 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an -- administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter)on the petition. Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact me at (919) 807-6398. Sincerely, 4;6" fl/i- Robert L. Sledge Attachments cciiiMMENOMMEMINIMENIANNO Enforcement File w/attachments Central Files w/attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MA 1'I'1R OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND TOWN OF SPENCER MOUNTAIN ) STIPULATION OF FACTS NPDES PERMIT NC0066141 FILE NO. LR-2008-0015 Having been assessed civil penalties totaling$600.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 3, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 200_. BY ADDRESS Telephone e-mail ,TUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR-2008-0015 County: Gaston Assessed Party: Town of Spencer Mountain Permit Number: NC0066141 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors • applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: �o OF W A7. 19 Michael F.Easley,Governor 0 William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources > l _ � Coleen H.Sullins,We Director Division of Water Quality June 24, 2008 CERTIFIED MAIL 7003 0500 0000 6819 2876 • RETURN RECEIPT REQUESTED REcovED The Honorable Janice H. Abernathy Town of Spencer Mountain P. O. Box 128 „r; 2 McAdenville, NC 28101 SUBJECT: NOTICE OF VIOLATION: NOV-2008-LR-0034 NC DENR MRO Town of Spencer Mountain WTP DWQ-Surface Water Protection NPDES Permit Number NC0066141 Gaston County • Dear Mayor Abernathy: This is to inform you that the Division of Water Quality has not received your discharge monitoring report(DMR) for April 2008. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit this report to the Division's Central Files office at the letterhead address within 15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant with the self-monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve(12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely,46" ae4. s' fZ Stkan A. Wilson, Supervisor 1 NPDES Western Unit cc: NPDES Enforcement File NhCarolinaort Central Files ,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Operations &Maintenance Yes No NA NE Comment: The ORC continues to use the pre-chlorinated filtered water(from an on-site storage tank) to backwash the filter. The facility was not discharging at the time of the inspection. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • Is flow meter calibrated annually? ❑ 0 E1 0 Is the flow meter operational? 0 0 • 0 (If units are separated)Does the chart recorder match the flow meter? 0 0 ■ Comment: The flow measurements are calculated by multiplying the known flow rate (400 gpm) by the duration of the discharge event. Page# 5 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 12/18/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Comment: DMRs were reviewed for the period January 08 through September 08. A daily maximum total residual chlorine effluent Imit violation was reported in May 08. Daily maximum total suspended solids and settleable solids effluent violations (1 violation each) and a monthly average settleable solids effluent limit violation were reported in August 08. The Division has previously addressed the above-noted limit violations by the issuances of either an NOV or NOV/civil penalty assessment. See "Summary" Section for additional comments. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? • 0 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? ■ n n n #Is the facility using a contract lab? ■ n ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ ❑ ■ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 0 ■ 0 Comment: Shealy Environmental Services, Inc. (Certification#329) has been contracted to performed the effluent analyses (including total residual chlorine). Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected below all treatment units? U ❑ 0 n Is proper volume collected? ■ n n n Is the tubing clean? n ❑ ■ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ❑ ❑ ■ ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? U n n ❑ Comment: The facility is currently performing sampling as required by the subject permit; however, discrepancies were noted during the review of the facility's self-monitoring program as detailed in the "Record Keeping" Section. Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type,and sampling location)? ■ ❑ ❑ n Comment: Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 ■ 0 Judge, and other that are applicable? Page# 4 Town of Spencer Mountain P.O. Box 128 McAdenville NC 28101 5/20/08 NCDENR Central Files 1617 Mail Service Center Raleigh NC 27699-1617 Re: NPDES Permit Nos.NC0066141 and NC0020966 Signatories to Permit Applications and Reports Dear Sirs, In Accordance with State Law we would like to delegate our Operator of Responsible Charge, James Davis, to sign our Wastewater and Water Plant permit requests,monthly monitoring reports, and other correspondence concerning these NPDES Permits. cerely, Janice Abernathy, Mayor ,k Town of Spencer Mountain R e.,,, „.,... 7 ilk ff rim e9i fIr May 20, 2008 JAN 2 0 2009 Mrs. Marcia Allocco NCDENR Division of Water Quality , ,..., i.►.i irtr 610 E. Center Ave. Suite 301 NA'C-Surface dater Proleciion Mooresville NC 28115 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Dear Mrs. Allocco, Please find enclosed a response to the aforementioned compliance inspection conducted by Ms. Hood and Mr. Bell on April 24, 2008. If any further information is needed please feel free to call me at 704-823-2310. R ctfully, Q/Yt� es L. Davis ORC Town of Spencer Mountain RESORD KEEPING: COMMENT: No monitoring reported last two weeks of Dec. 2007.No discharge for last two weeks was verified. RESPONSE: The Staff will endeavor in the future to always document"No Discharge" on DMRs when no discharge occur. COMMENT: Effluent TSS reported as L.E. on 10/30/07. ORC must obtain a verification letter from lab. RESPONSE: A verification letter, from the lab, will try to be obtained in the future when there is a laboratory error. A copy will be forwarded with future DMRs. COMMENT: Failed monthly average TSS for Nov. 2007, same up and downstream times reported 5/8/07. Facility's record keeping and self-monitoring program needs improvement. RESPONSE: The failed avg. calculation and up and downstream times are strictly clerical errors by the ORC due to lack of man-power and DMRs being submitted close to the deadline for submission. A greater concerted effort will be made to improve record keeping and self- monitoring program. LABORATORY: COMMENT: Settleable Solids was not performed correctly. The annual calibration curve for TRC could not be found. Calibration times for pH meter not documented. RESPONSE: All laboratory analysis, field or otherwise are now conducted by a contract lab, Shealy Environmental Services, Inc. Cert.No. 329. William G.Ross Jr.,Secret r 0 North Carolina Department of Environment and Natural Resour -I Coleen H.Sullins.Director Division of Water Quality May 5, 2008 The Honorable Janice Abernathy, Mayor Town of Spencer Mountain Post Office Box 128 McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,N.C. Dear Mayor Abernathy: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on April 24, 2008 by Ms. Donna Hood and Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. It is requested that a written response be submitted to this Office by May 26, 2008, addressing the deficiencies noted in the Record Keeping and Laboratory Sections in the attached report. In responding to the deficiencies, please address your comments to the attention of Mrs. Marcia Allocco. • The report should be self-explanatory; however, should you have questions concerning this report, please do not hesitate to contact Mrs. Allocco, Mr. Bell, or me at(704) 663-1699. Sincerely, - • Robert B. Krebs Surface Water Protection Regional Supervisor cc: Gaston County Health Department eANam`prthCarolina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 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 L1 „!1 I 2 I �t 31 NC0066141 ( 11 121 08/04/24 117 181 1-J t 191 G1-I 20u LJ Remarks 211 I I I 111111111111 111I11111111 111111111111111111166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 1.0 1 69 7° 3 I 71 Li I 72I N I 731 I 174 751 1 I 1 1 1 1 180 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) Spencer Mountain WTP 03:12 PM 08/04/24 05/05/01 NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 03:35 PM 08/04/24 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Janice H Abernathy,P0 Box 128 Mc Adenville NC 28101/Mayor/704-823-225 / 0 Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit 1111 Flow Measurement II Operations&Maintenance •Records/Reports Self-Monitoring Program •Sludge Handling Disposal •Facility Site Review •Effluent/Receiving Waters III Laboratory Section D: Summary of Findinq/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell (7A/._ g MRO WQ//704-663-1699 Ext.2192/ ,/a7/ Donna Hood MRO WQ//704-663-1699 Ext.2193/ Si tur of Management ONA Re ' vier Agency/Office/Phone and Fax Numbers Date . C ) Marcia Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3� NC0066141 111 121 08/04/24 117 18'^1 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION cont'd: No effluent monitoring was performed during the last two weeks of December 07. The inspection verified that the facility did not discharge during this time period. The facility staff must ensure"No Discharge" is documented on future DMRs for the weeks that no discharges occur. An amended December 07 DMR should be resubmitted. The effluent TSS was reported as "LE" (Lab Error) on 10/30/07. The ORC must ensure a verification letter from the appropriate contract laboratory is attached to future DMRs that justifies the "LE" reporting. A copy of the verification letter for the 10/30/07 effluent TSS value should be submitted to this Office. The ORC failed to calculate the monthly average value for effluent TSS on November 07 and the same upstream and downstream sampling times were reported on 5/8/07. In addition, the monthly average TRC value was not calculated properly in May 07. The ORC and permittee must ensure all DMRs are accurate and complete prior to submittal. Overall, the facility's record keeping system and self-monitoring program needs improvement. • • Page# 2 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ • 0 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: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 0 ■ 0 0 Is all required information readily available, complete and current? 0 ■ 0 0 Are all records maintained for 3 years(lab. reg. required 5 years)? 0 ■ 0 0 Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is the chain-of-custody complete? ■ ❑ ❑ ❑ Dates,times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 00 . 0 Is the backup operator certified at one grade less or greater than the facility classification? 0 0 ■ 0 Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 0 ■ 0 Comment: DMRs were reviewed for the period January 07 through December 07. No limit violations were reported and all monitoring frequencies were correct. The ORC signed for the permittee in November 07 and December 07. This Office has no written record of the permittee delegating signature authority to the ORC. See "Summary" Section for additional comments. Page# 3 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? • ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ ❑ 1 ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? ❑ ❑ ■ ❑ Comment: Field analyses were performed under laboratory certification #5278 (Pharr Yarns, Inc.). Shealy Environmental Services, Inc. (Certification #329) has also been contracted to provide analytical support. The settleable solids analyses were not performed correctly (performed in 45 minutes instead of the required one hour period). The annual calibration/verification curve (2007) on the total residual chlorine (TRC) meter could not be found. The calibration times for the pH meter were not documented. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • ❑ Is sample collected below all treatment units? U ❑ ❑ ❑ Is proper volume collected? U ❑ ❑ ❑ Is the tubing clean? 0 0 ■ 0 #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? 0 0 • 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? • 0 0 0. Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? ■ 0 0 0 Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 ■ 0 Judge, and other that are applicable? Comment: Pre-chlorinated filtered water is transferred to a storage tank . This water is used to backwash the filter and then discharged to the receiving stream. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? 0 0 ■ 0 Is the flow meter operational? 0 0 ■ 0 Page# 4 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 04/24/2008 Inspection Type: Compliance Evaluation Flow Measurement-Effluent Yes No NA NE (If units are separated)Does the chart recorder match the flow meter? 0 0 • Comment: Instantaneous effluent flows are measured by multiplying the pumping rate by the pump run time. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ 0 0 ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ 0 0 If effluent (diffuser pipes are required) are they operating properly? 0 ❑ ■ 0 Comment: The facility was not discharging at the time of the inspection. Page# 5 V32 \;c . FP.I. P.11.4%, !I" Fl r r. er., January 5, 2008 « 3 ,� i Mrs. Marcia Allocco NCDENR i e V 1 n .s.,n VI c z_ La , ',?9 Division of Water Quality 610 E. Center Ave., Suite 301 Mooresville NC 28115 ,,a :(.•=r#i , �+ Dear Mrs. Allocco, After an inspection conducted by Mr. Wes Bell,he informed me that a response from the Town of Spencer Mountain concerning inspections from April0twere not received by your office. I told Wes that I would regenerate these responses off my computer and get any paper(s)resigned by the Mayor and resubmit them. Please find enclosed the responses and a signed letter relegating signatory authority to the ORC for the NPDES Permits.Fames L. Davis ORC Town of Spencer Mountain if iy. Town of Spencer Mountain ,, P.O. Box 128 McAdenville NC 28101 . i;'5 5/20/08 Jn^; n ^^n� NCDENR Central Files i. 0 1617 Mail Service Center DWQ c,it eye., r F/ � Raleigh NC 27699-1617 t��,(1t1`i�1v+.,yin Re:NPDES Permit Nos.NC0066141 and NC0020966 Signatories to Permit Applications and Reports Dear Sirs, In Accordance with State Law we would like to delegate our Operator of Responsible Charge, James Davis,to sign our Wastewater and Water Plant permit requests, monthly monitoring reports, and other correspondence concerning these NPDES Permits. cerely, J Janice Abernathy, Mayor A Town of Spencer Mountain c'. .; Zoitnt of $prxtrr 4U nutty Jcr i.01-ENVthorimcs.. AND MM." ' t^ouRCES SPENCER MOUNTAIN, N. C. 28052 `< OFFICE F February 12, 2007 FEB 1 4 2007 Mrs. Marcia Allocco Division of Water Quality Subject: Notice of Violation a ,; Milt .ATERQno Y SECI1i' Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County,North Carolina Dear Mrs. Allocco, This letter is in response to the notice of violation from the inspection on Jan. 22, 2007 performed by Mrs. Sonja Basinger. In Mrs. Basinger's report a permit condition violation [Permit Condition Part 11, Section D(4) Monitoring and Records (Test Procedures)] was noted for Total Residual Chlorine for Sept. and Oct. 2006. During the months of Sept. and Oct. 2006 I was using a Hach Pocket Colorimeter, which has as the lowest detection limit of 30 ug/1, to test for chlorine both in the drinking water and waste water at the water treatment plant. At the end of October, 2006 I noticed the TRC limit for the wastewater went into effect Sept.1, 2006 so I began to use a Hach DR 2800, which has a lowest detection limit of 2 ug/1, to test for chlorine in the wastewater effluent. The noted violation was corrected over 2 months prior to the inspection. It was also noted in Mrs. Basinger's report that the Spencer Mountain WTP uses pre-chlorinated filtered water to backwash the filter so no chlorine should ever be found in the effluent. In closing the violation was an accidental oversight on my part I will practice due diligence in the future on test procedures and due dates for any changes in any future permit conditions. If you have any questions please feel free to call me at (704) 823-2310. Best Regards, James L. Davis ORC Town of Spencer Mountain • W A) R�CQ Michael F.Easley,Governor ' \Q G William G.Ross Jr.,Secretary Uj r North Carolina Department of Environment and Natural Resources = Alan W.Klimek,P.E.,Director `C Division of Water Quality February 2, 2007 CERTIFIED MAIL 7006 2760 0001 8493 0492 RETURN RECEIPT REQUESTED Mr. Mike Church, Environmental Engineer Pharr Yarns, Inc. Post Office Box 1939 McAdenville,North Carolina 28101-1939 Subject: Notice of Violation Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,North Carolina Tracking No. NOV-2007-PC-0070 Dear Mr. Church, Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 22, 2007 by Mrs. Sonja Basinger of this Office. This report is being issued as a Notice of Violation (NOV) because of the permit condition violations of the subject NPDES Permit and the North Carolina General Statute (G.S.) 143-215.1 as detailed in the Record Keeping section of the attached report. The Division of Water Quality may pursue enforcement actions for this and any additional violations. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by March 4, 2007 addressing the violations noted in the Record Keeping section of the report. In responding, please address your comments to the attention of Mrs. Marcia Allocco. N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 Mr. Mike Church Page 2 • February 2, 2007 The report should be self-explanatory; however, should you have any questions concerning the report,please do not hesitate to contact Mrs. Basinger or me at (704) 663-1699. Sincerely, for Samar Bou-Ghazale Acting Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department SWB IMENR N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 NI 2 =5j 31 NC0066141 1 11 121 07/01/22 1 17 18L 1911 1 20 J Remarks 21IIIIIIII1111IIIIIIIIIIII11111111IIIIIIIIIIII11166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 2.0 169 701�J I 71 I nr J I 721 L J U 1 731 I 174 751 I I I I I I 180 1 Section B: Facilityl 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) Spencer Mountain WTP 03:26 PM 07/01/22 05/05/01 NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 03:40 PM 07/01/22 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number • Contacted Vivian Brooks,PO Box 128 Mc Adenville NC 28101/Mayor// No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) 1111 Permit III Flow Measurement II Operations&Maintenance gi Records/Reports III Self-Monitoring Program •Sludge Handling Disposal II Facility Site Review II Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Sonja Basinger MRO WQ//704-235-2202/ rb-z3 4,44,4-14.vi— SIature of Management Q.A Revi wer Agency/Office/Phone and Fax Numbers Date Marcia Allocco MRO WQ//704-235-2204/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Page# 1 NPDES yr/mo/day Inspection Type (cont.) 1 3, NC0066141 I11 12I 07/01/22 117 18ls f M1' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) RECORD KEEPING SECTION continued: The facility was last inspected on September 29, 2005 by Wes Bell of this Office. DM Rs were reviewed from the period of November 2005 through October 2006. A permit condition violation [Permit Condition Part II, Section D(4) Monitoring and Records (Test Procedures)]was noted for effluent Total Residual Chlorine (TRC) for September and October 2006. The above-noted violations will be addressed by this inspection report. Please note the facility's effluent TRC limit was effective September 1, 2006. Page# 2 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 01/22/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 ■ 0 is the facility as described in the permit? ■ ❑ ❑ ❑ #Are there any special conditions for the permit? 0 0 ■ 0 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available,complete and current? ■ ❑ ❑ ❑ 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? ■ ❑ 0 0 Has the facility submitted its annual compliance report to users and DWQ? 0 0 ■ 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 0 ■ ❑ Comment: See attached Summary Section. Operations& Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ • Page# 3 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 01/22/2007 Inspection Type: Compliance Evaluation Operations&Maintenance Yes No NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Pre-chlorinated filtered water is transferred to a 6,000 gallon tank. This water is used as backwash water and then discharged to the stream. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ #Is the facility using a contract lab? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/- 1.0 degrees? ❑ ❑ ■ ❑ Comment: Grab samples are required by the facility's permit. Field parameters are performed by Pharr Yarns Lab certification#5278. Contracted lab services are performed by Par Laboratories certification#20. Pharr Yarns Lab inspection was performed by the Lab Certification Unit. Mr. Chet Whiting's report will be sent under separate cover. Flow Measurement-Effluent Yes No NA NE #Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? ❑ ❑ ■ ❑ Is the flow meter operational? ❑ ❑ • 11 (If units are separated)Does the chart recorder match the flow meter? ❑ ❑ U ❑ Comment: Instantaneous effluent flows are measured by multiplying the known gallons per minute by the duration of the discharge event. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Page# 4 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 01/22/2007 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE • Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? 0 0 ■ 0 Comment: Upstream/Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency, sampling type, and sampling location)? ■ 0 0 0 Comment: Page# 5 cps \lv"/FqPcl Michael F.Easley,Gove r� ( j William G.Ross Jr.,Secr • NG North Carolina Department of Environment and Natural Resources \, 1 r Alan W.Klimek,P.E.Director Division of Water Quality October 6, 2005 The Honorable Vivian Brooks, Mayor Town of Spencer Mountain Post Office Box 128 .McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No.NC0066141 • Gaston County,N.C. . • Dear Mayor Brooks: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on September 29, 2005 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report to him. . The report should be self-explanatory; however, should you have any questions concerning this report,please.do not hesitate to contact Mr. Bell or me at(704) 663-1699. Sincerely, • C\-- ,I.4-1.,..0,-S) ry-) . CS-A.1 q. k, D. Rex Gleason, P.E. A Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department Mike Church, Pharr Yarns, Inc. WB • • No�rthCarolina Naturally gi7 N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 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 INI 2 1.2_1 31 NC0066141 111 121 05/09/29 117 181r1 19ICI 20I I Remarks I_J 1 ! I_f 21IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -------------------------Reserved--------------- 67 I 1.5 169 70 13 I 711 NI 72 I N I 731 I 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:14 PM 05/09/29 05/05/01 Spencer Mountain WTP NCSR 2003 Exit Time/Date Permit Expiration Date Gastonia NC 28052 02:21 PM 05/09/29 10/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// James Lester Davis/ORC/704-824-3551/ Name,Address of Responsible OfficialMtle/Phone and Fax Number • Contacted Vivian Brooks, Mayor,PO Box 128 McAdenville NC 28101/Mayor// No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) ii Permit .Flow Measurement El Operations&Maintenance III Records/Reports II Self-Monitoring Program II Sludge Handling Disposal •Facility Site Review •Effluent/Receiving Waters li Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)V ofInspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell MRO WQ//704-663-1699 Ext.231/ /o// /Q L lP J Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 09/30/2005 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? 0 0 • 0 Is the facility as described in the permit? ■ ❑ n ❑ Are there any special conditions for the permit? 0 0 • 0 Is access to the plant site restricted to the general public? U ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? U ❑ ❑ ❑ Comment: Operations&Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? • ❑ ❑ ❑ Does the facility analyze process control parameters,for ex:MLSS,MCRT,Settleable Solids,pH,DO,Sludge ❑ 0 • 0 Judge,and other that are applicable? Comment:The plant site appeared to be properly operated and well maintained. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ • Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ Is the facility using a contract lab? U ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 0 • 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • ❑ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? 0 ❑ • 0 Comment:On-site field analyses are performed under laboratory certification#5278. The TRC meter had not been calibrated/verified on an annual basis. The effluent settleable solids were only being allowed to settle for 30-minutes (one-hour required). Mr.Chet Whiting(Division's Laboratory Certification Unit)will separately address the above-noted discrepancies. Flow Measurement-Effluent Yes No NA NE Is flow meter used for reporting? 0 0 • 0 Is flow meter calibrated annually? ❑ ❑ • ❑ Is the flow meter operational? n n • ❑ (If units are separated)Does the chart recorder match the flow meter? 00 . 0 Comment:Instantaneous effluent flows are measured by multiplying the known gallons per minute by the duration of the discharge event. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? U ❑ ❑ ❑ 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? U ❑ ❑ ❑ Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration • Dates of analysis • Name of person performing analyses • Transported COCs • Are DMRs complete:do they include all permit parameters? • ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? 0 0 • 0 (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 Permit: NC0066141 Owner-Facility: Spencer Mountain WTP Inspection Date: 09/30/2005 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? 0 0 • ❑ Is the backup operator certified at one grade less or greater than the facility classification? 0 0 • n Is a copy of the current NPDES permit available on site? U ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? 0 0 • 0 Comment:DMRs were reviewed from July 04 through June 05. No limit violations were reported. The facility staff incorporate a commendable record keeping program. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 • 0 Is sample collected below all treatment units? U n n ❑ Is proper volume collected? U ❑ ❑ ❑ Is the tubing clean? 0 0 • 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 0 • 0 Is the facility sampling performed as required by the permit(frequency,sampling type representative)? Ninon Comment:See"Summary"Section for additional comments. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? 0 0 ■ 0 If effluent (diffuser pipes are required) are they operating properly? 0 0 • 0 Comment:The facility was not discharging at the time of the inspection. SUMMARY EFFLUENT SAMPLING cont'd: No effluent settleability and TRC values were reported for the week of 7/26/04 - 7/30/04. No effluent weekly monitoring was performed for the weeks 11/29/04 - 12/3/04 and 1/20/05 - 1/24/05. The inspection verified the above-noted discrepancies were transcription errors. Amended DMRs should be resubmitted. SEE ATTACHED CHECKLIST 15 Michael F.Eaaicy�Govern Governorv"� ()�W A T90 William G.Ross Jr.,Secretary 0 6 North Carolina Department of Environment and Natural Resources Alan W.Klimek.P.E.Director —1 Division of Water Quality September 17, 2004 The Honorable Divian Brooks, Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WWTP NPDES Permit No. NC0020966 Spencer Mountain WTP NPDES Permit No.NC0066141 Gaston County,NC Dear Mayor Brooks: Enclosed are copies of the Compliance Evaluation Inspection Reports for the inspections conducted at the subject facilities on September 9, 2004 by Mr. Barry Love of this Office. The reports should be self-explanatory; however, should you have any questions concerning these reports, please do not hesitate to contact Mr. Love or me at (704) 663- 1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Health Department BL A NOn` Carolina Aga , atura!!y _ RMENR N.C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704)663-1699 Customer Service 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 INI 2 L.] 3I NC0020966 111 121 04 '09/09 117 18U 19I_I 20u 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 1 I 1 I 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 67 I 2.0 169 70 u 71 LJ 72 U 731II74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00 PM 04/09/0' 1 C9.C- Spencer Mountain WWTP Exit Time/Date Permit Expiration Date NCSR 2003 Spencer Mtn. NC 28052 01:15 PM 04/09/09 05 01 31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Lester Davis/ORC/704-824-3551/ Name.Address of Responsible Official/Title/Phone and Fax Number Contacted Mike Church,PO Box 126 McAdenviile NC 28101//704-823-2 :C, No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ®Permit III Flow Measurement III Operations&Maintenance li Records/Reports ®Self-Monitoring Program • Facility Site Review I Effluent/Receiving Waters II Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) • Name s)and Sig�re(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Lp` "1/17j o y- ' ter.. Barry F Love MRCS j704-6o3-lr "70c-o, (.�-n4C Signature of Management 0 A Reviewer Agency/Office/Phone and Fax Numbers Date Richarc M Bridoeman 7O4-6c3-1699/704-603-604C EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Permit: NC0020966 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WWTP Inspection Date: 09/09/04 Inspection Type: Compliance Evaluation Yes No NA NF Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ 0 Is the facility as described in the permit? 0 11 0 0 Are there any special conditions for the permit? 0 ■ 0 0 Is access to the plant site restricted to the general public? ■ 0 0 0 Is the inspector granted access to all areas for inspection? ■ 0 0 0 Comment:Plant does not have a bar screen. Screenings are caught in baffles of the septic tank following the influent pump station. Yes No NA NF Operations&Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks,pits,or wells? ■ 0 0 ❑ Is the plant generally clean with acceptable housekeeping? • 0 ❑ 0 Comment: Yes Nn NA NF Purrip Station- Influent Is the pump wet well free of bypass lines or structures? ■ .❑ 0 ❑ Is the general housekeeping acceptable? ■ ❑ 0 0 Is the wet well free of excessive grease? IN 0 0 0 Are all pumps present? ■ 0 0 0 Are all pumps operable? ■ ❑ 0 ❑ Are float controls operable? Is SCADA telemetry available and operational? 0 ■ ❑ 0 Is audible and visual alarm available and operational? 01100 Comment:Pump station is visited daily. Yes No NA NF Secondary Clarifier Is the clarifier free of black and odorous wastewater? 111000 Is the site free of excessive buildup of solids in center well of circular clarifier? 0E1 . 0 Are weirs level? ■ CI 0 0 Is the site free of weir blockage? Is the site free of evidence of short-circuiting? ■ 0 0 0 Is scum removal adequate? ■ 0 0 0 Is the site free of excessive floating sludge? ■ 0 0 0 Is the drive unit operational? El 0 ■ 0 Is the sludge blanket level acceptable? ❑ ❑ ❑ ■ Is the return rate acceptable(low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the surface free of bulking? Comment: Yec No NA NF Aeration Basins Ext.Air Mode of operation Diffused Type of aeration system Is the basin free of dead spots? ■ ❑ 0 0 Are surface aerators and mixers operational? 0 0 ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25%of the basin's surface? ■ ❑ ❑ ❑ Permit: NC0020966 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WWTP inspection Date: 09/09/04 inspection Type: Compliance Evaluation Yes Nn NA NF Aeration Basins Is the DO level acceptable? Are settleometer results acceptable? ❑ -0 0 ■ Comment: Yee Nn NA NF j�isinfPr•.tioR Tablet Type of system? Are cylinders secured adequately? 0 0 ■ 0 Are cylinders protected from direct sunlight? ❑ ❑ ■ ❑ Is there adequate reserve supply of disinfectant? Is ventilation equipment operational? 0 ❑ ■ 0 Is ventilation equipment properly located? 0 0 IN 0 Is SCBA equipment available on site? 0 ❑ IN 0 Is SCBA equipment operational? Is staff trained is operating SCBA equipment? 00 . 0 Is staff trained in emergency procedures? 00110 Is an evacuation plan in place? 0 0 ■ 0 Are tablet chlorinators operational? Are the tablets the proper size and type? ■ 0 0 0 Number of tubes in use? 1 (Sodium Hypochlorite)Is pump feed system operational? 0 0 ■ ❑ Is bulk storage tank containment area adequate?(free of leaks/open drains) Is the level of chlorine residual acceptable? ■ 0 ❑ 0 Is there adequate detention time ■ ❑ ❑ ❑ Is the contact chamber free of growth,or sludge buildup? ■ ❑ ❑ ❑ Comment: Yes Nn NA NF J ahoratory Are field parameters performed by certified personnel or laboratory? . 000 Are all other parameters(excluding field parameters)performed by a certified lab? ■ ❑ ❑ ❑ Is the facility using a contract lab? Are analytical results consistent with data reported on DMRs? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ 0 0 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 0 ■ Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? Comment:See the inspection report by Chet Whiting for further details. Yes No NA NF Flow Measurement- Effluent Is flow meter used for reporting? ■ 0 0 0 Is flow meter calibrated annually? . 000 Is flow meter operating properly? ■ ❑ 0 0 (If units are separated)Does the chart recorder match the flow meter? ■ 0 0 0 Comment:The flow meter was last calibrated on August 26,2004 by B.W.Allen Company. Yes No NA NF Record Keeping Are records kept and maintained as required by the permit? . 000 Is all required information readily available,complete and current? 11 0 0 0 Permit: NC0020966 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WWTP Inspection Date: 09/09/04 Inspection Type: Compliance Evaluation Yes Nn NA NF Record Keening Are all records maintained for 3 years(lab.reg.required 5 years)? I. 0 0 0 Are analytical results consistent with data reported on DMRs? ■-0 0 0 Are sampling and analysis data adequate and include: ■ ❑ ❑ ❑ 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 III Plant records are adequate,available and include 11000 O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs ■ Are DMRs complete:do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? 0 0 0 ■ (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 ■ 0 Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? IN 0 0 0 Is the backup operator certified at one grade less or greater than the facility classification? ■ 0 0 0 Is a copy of the current NPDES permit available on site? Is the facility description verified as contained in the NPDES permit? ■ 0 ❑ 0 Does the facility analyze process control parameters,for example:MLSS,MCRT,Settleable Solids,DO,Sludge 1111300 Judge,pH,and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ODOM Comment:DMR's were reviewed for the period of July 2003 through June 2004. No monitoring or limit violations were reported. Yes No NA NF Influent Sampling Is composite sampling flow proportional? Is sample collected above side streams? ■ 0 0 0 Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? 0 0 El ■ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? Is sampling performed according to the permit? ■ 0 0 0 Comment: Yes No NA NF Fffliient Semolina Is composite sampling flow proportional'? Is sample collected below all treatment units? MOOD Is proper volume collected? Is the tubing clean? 0 . 00 11000 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? Is the facilitysampling performed as required bythe permit(frequency,samplingtype representative)? ■ ❑ 0 0 P 9Q ( Q Y� Y Comment:Tubing was dirty. Yes Nn NA NF Fffhlent Pipe Permit: NC0020966 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WWTP Inspection Date: 09/09/04 inspection Type: Compliance Evaluation Yes Nn NA NF FffluPnt Pipe Is right of way to the outfall properly maintained? U 000 Are receiving water free of solids and floatable wastewater materials? -0 El 1000 Are the receiving waters free of solids/debris? U Are the receiving waters free of foam other than a trace? U ❑ El � Are the receiving waters free of sludge worms? O O M 0 If effluent (diffuser pipes are required) are they operating properly? U Comment:Due to the high river level and turdid water,inspection of the outfall was very limited. • 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 U 2 U 31 NC0066141 111 121 04/09/09 117 18u 19U 2011 Remarks 211III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 67 I 2.0 169 701J 71 Li 72 IJ 731 1174 751 I I 1 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) 01:15 PM 04/09/09 01:'10/01 Spencer Mountain WTP N CS R 2003 Exit Time/Date Permit Expiration Date Gastonia NC 26052 01:30 PM 04/09/09 05%01:31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Lester Davis/ORC/704-824-3551/ // Name,Address of Responsible Official/Title/Phone and Fax Number Mike Churcn,PO Box 12E McAdenville NC 26101i/704-S23-2310/ Contacted N.^^. Section C: Areas Evaluated During Inspection(Check only those areas evaluated) ®Permit 11 Flow Measurement Operations&Maintenance II Records/Reports Self-Monitoring Program � Facility Site Review �Effluent/Receiving Waters IIII Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date •t/l 7/o Barry ? Love MRC LQ 704 ___1699- -04-6,-3-6U4'. Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridaeman 704-663-:E ,9'704-EE3-5040 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Permit: NC0066141 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WTP Inspection Date: 09/09/04 Inspection Type: Compliance Evaluation Permit Yes No NA NF (If the present permit expires in 6 months or less). Has the permittee submitted a new application? • 0 0 ❑ Is the facility as described in the permit? • ❑ ❑ ❑ Are there any special conditions for the permit? 01100 Is access to the plant site restricted to the general public? U ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 11000 Comment: Oneratinns&Maintenanr,e Yes No NA NF Does the plant have general safety structures in place such as rails around or covers over tanks,pits,or wells? MOOD Is the plant generally clean with acceptable housekeeping? • ❑ ❑ ❑ Comment: ahoratory Yes No NA NF Are field parameters performed by certified personnel or laboratory? • 0 0 0 Are all other parameters(excluding field parameters)performed by a certified lab? • 0 ❑ ❑ Is the facility using a contract lab? U ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? U ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? MOOD Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? 0 0 • 0 Incubator(BOD)set to 20.0 degrees Celsius+/-1.0 degrees? DOME] Comment:Please see the laboratory inspection report by Chet Whiting. Flow Measurement-Fffluent Yes No NA NF Is flow meter used for reporting? ❑ • ❑ ❑ Is flow meter calibrated annually? 00 . 0 Is flow meter operating properly? ❑ ❑ • ❑ (If units are separated)Does the chart recorder match the flow meter? 0 0 U 0 Comment:Flow is measured instantaneously using an in-line totalizer. Record Keenip Yes No NA NF Are records kept and maintained as required by the permit? • ❑ ❑ ❑ Is all required information readily available,complete and current? 10013 Are all records maintained for 3 years(lab.reg.required 5 years)? MOOD Are analytical results consistent with data reported on DMRs? U ❑ ❑ ❑ Are sampling and analysis data adequate and include: • ❑ ❑ ❑ 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 • Plant records are adequate,available and include • ❑ ❑ ❑ O&M Manual 0 As built Engineering drawings ❑ Schedules and dates of equipment maintenance and repairs U Are DMRs complete:do they include all permit parameters? 111000 Permit: NC0066141 Owner-Facility: Town of Spencer Mountain-Spencer Mountain WTP Inspection Date: 09/09/04 Inspection Type: Compliance Evaluation Yes Nn NA NF Record Keening Has the facility submitted its annual compliance report to users? ❑ ❑ ❑ • (If the facility is=or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑-❑ • 0 Is the ORC visitation log available and current? U ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 15000 Is the backup operator certified at one grade less or greater than the facility classification? • ❑ 0 ❑ Is a copy of the current NPDES permit available on site? 0 ❑ 0 U Is the facility description verified as contained in the NPDES permit? U ❑ ❑ ❑ Does the facility analyze process control parameters,for example:MLSS,MCRT,Settleable Solids,DO,Sludge 00 . 0 Judge,pH,and others that are applicable? Facility has copy of previous year's Annual Report on file for review? 000111 Comment:DMR's were reviewed for the period of July 2003 through June 2004. No monitoring data was reported for the weeks of December 14-20,2003 and May 30-June 5,2004. The ORC confirmed that there was no flow on these weeks. Effluent Sampling Yes Nn NA NF Is composite sampling flow proportional? ❑ 0 • 0 Is sample collected below all treatment units? • ❑ ❑ ❑ Is proper volume collected? 11 0 0 0 Is the tubing clean? 00 . 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? MOOD Is the facility sampling performed as required by the permit(frequency,sampling type representative)? U ❑ ❑ ❑ Comment: Upstream/Downstream Sampling Yes Nn NA NF Is the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? 11 0 0 0 Comment: Fffhtent Pine Yes No NA NF Is right of way to the outfall properly maintained? 11000 Are receiving water free of solids and floatable wastewater materials? DOOM Are the receiving waters free of solids/debris? 0 ❑ ❑ • Are the receiving waters free of foam other than a trace? ODOR Are the receiving waters free of sludge worms? ❑ ❑ • ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ • ❑ Comment:The effluent pipe could not be accurately evaluated due to high river water levels. c. .1ATc (� •,� 6%0 Michael F. Easley,Governor William G. Ross Jr.,Secretary C Department of Environment and Natural Resources >t «; Alan W. Klimek, P.E., Director Division of Water Quality i) W ki November 4, 2003 The Honorable Tracy Hamrick NC DEPT.OF RESOURCE _ Town of Spencer Mountain AOOR�c�AND N,rt►AT - ►�; E - P.O. BOX 128 McADENVILLE, NC 28101 . ,� ter{ SUBJECT: PAYMENT ACKNOWLEDGMENT Nov 1 3 2003 CIVIL PENALTY ASSESSMENT Town of Spencer Mountain WTP Gaston County NPDES Permit NC0066141 WATER ;Au'ty SECTION Case Number LV-2003-0533 Dear Mayor Hamrick: This letter is to acknowledge receipt of Pharr Yarns, Inc. check number 149454 in the amount of $1,150.04 that was received in our offices on November 4, 2003. $435.04 of the total amount has been applied to civil penalties assessed in the matter of our case LV-2003-0533. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. The remainder of the check amount has been given to our fiscal unit to be paid toward permit fees. If you have any questions, please call Bob Sledge at (919) 733-5083, extension 547. Sincerely, Coleen Sullins, Chief Water Quality Section cc: Enforcement File Central Files Pharr Yams, Inc. .44711 try im Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919)733-7015 Fax: (919)733-9612 c. .:1 ,�«--.w Michael F. Easley,Governor ilk Alk William G. Ross Jr.,Secretaryc)-9 CDepartment of Environment and Natural Resources �1-f �t .e Alan W.Klimek, P.E.,Director air Division of Water Quality OCT 0 6 2003 Arr 1 CERTIFIED MAIL 7000 1530 0002 2100 7071 RETURN RECEIPT REOUESTED OCTt The Honorable Tracy Hamrick Town of Spencer Mountain P. O. BOX 128 MCADENVILLE, NC 28101 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0066141 Town of Spencer Mountain WTP Gaston County Case Number LV-2003-0533 Dear Mayor Hamrick: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of$435.04. If you choose to pay the penalty, send payment to me at the letterhead address within thirty(30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty(30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee)for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919)733-7015 Fax:(919)733-9612 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, aO tf"- K-641"0-4-- - Alan W. Klimek, P.E. attachment cc: q w'$-"vile Regional Office Enforcement file Central Files STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION County of Gaston DWQ Case Number LV-2003-0533 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION ) Town of Spencer Mountain ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS ( ) TELEPHONE ' DWQ—CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2003-0533 Assessed Entity:Town of Spencer Mountain Region: Mooresville County: Gaston ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; All applied correctly ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; The backwash discharge is to the South Fork of the Catawba River;therefore,it is likely that the described to be once per week 4,000 gallon discharge would have only minimal or no negative impact. The violations covered in this case occurred during 4/03. In the Town's remission request,the ORC does not include a time frame;however,hydraulic valves for the sand filter were replaced because they were found to be leaking and contributing to the bypass of filter media during the backwash cycle. There is also an indication that a solids separator collection tank may be installed by the end of 2003. ( ) Whether the violation was inadvertent or a result of an accident; Had the Town acted promptly to the reduction in water needs and properly operated and maintained the sand filter,the violations may not have occurred. ( ) Whether the violator had been assessed civil penalties for any previous violations; For violations of the NPDES Permit for the WTP: LV 03-387—Assessed$185.45 for violations occurring during 2/03. Paid in full. LV 03-141 —Assessed$1585.45 for violations occurring during 9/02. Total Remission. There have been no previous penalties against the Town for violations of the NPDES Permit for the WWTP. ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. The Town's representative alleges that the Town does not have the funds to purchase and install the solids separator collection tank. Decision: (Check One Request Denied Full Remission Partial Remission Amount Remitted ID 1 a3 e f Alan W.Klimek P.E. MEMO DATE: L V_2 J`7 z- p133 TO: SUBJECT: �) deA l.� �. � • J !it^ (i 7 S.v, // Z,Gw C t, V Drug "1.4 Ts s u---1. - o.. ,c—.=, ---Q ,. lJ Nt TS'S C,,. o{a a-'- "^"1 .c.,:.. ,GlriP 2 m t=t7J a -- 7' -- c-pen-4-41 lot, P I ) If/4 A z. sg-/- ,,,::, ,-/.i) d'L-6 A-e_A-..,(-16-k (5,.--4, -14-4--c-i--aA-''y ae t- 4/ /el .g"ik ,Z! r,z, A...---442-Age..%. )4,tieje., . A-e-4- (, -e-') ,,t,t. kw-4 er•-1 --.0 8/ 1‘ ,C`14:44 1 ,. - ' t d,•-...e► Az- r--, G-- fe , .7 ,,(0 ,L,24,7 -7 From: d'c STAtF o- . North Carolina Department of Environment Health, and Natural Resources e P,�ceao�a�yc�edva�„ v4 F(- �,p %Q Michael F. Easley,Governor liver °r William G. Ross Jr.,Secretary t_ Department of Environment and Natural Resources ,C, Alan W.Klimek, P.E.,Director Division of Water Quality September 12, 2003 The Honorable Tracy Hamrick Town of Spencer Mountain P. O. BOX 128 MCADENVILLE, NC 28101 Subject: Remission Request of Civil Penalty Assessment Town of Spencer Mountain WTP NPDES Permit NC0066141 Gaston County Case Number LV-2003-0533 Dear Mayor Hamrick: The Division of Water Quality is in receipt of your request for remission of the civil penalty assessed in the matter of the case noted above. Unfortunately, we did not find a completed form waiving your right to an administrative hearing along with your letter when it arrived in this office. As this is a necessary part of the remission request, we respectfully ask that you complete the attached waiver form and return it to the attention of Bob Sledge at the letterhead address. Once the completed waiver form is received, we can continue with the processing of your request. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 733-5083, extension 547. Sincerely, /, 7 I - Bob Sledge, Environmental Specialist Point Source Compliance/Enforcement Unit q -r,,{ (ziFf,' 1 Enforcement/Compliance w/originals Central Files w/attachments Enforcement File w/3 attachments rrY 03 g1t . Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 800 623-7748 (919)733-7015 Fax:(919)733-9612 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND TOWN OF SPENCER MOUNTAIN ) STIPULATION OF FACTS PERMIT NO. NC0066141 ) FILE NO. LV-2003-0533 Having been assessed civil penalties totaling $435.04 for violation(s) as set forth in the assessment document of the Division Of Water Quality dated August 7, 2003, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2003. BY ADDRESS TELEPHONE C` to£ xt of Sprxtrrr Atouniain SPENCER MOUNTAIN, N. C. 28052 September 8,2003 "reklro4 )j. Coleen Sullins SEP 1 i 3U ater Quality Section Chief aV OF WATE ivision of Water Quality DIRECTOR'S OQUALITY 1617 Mail Service Center CE Raleigh.North Carolina 27699- 1617 Subject: Request for Remission or Mitigation for Notice of Violation and Assessment of Civil Penalty Town of Spencer Mountain WTP Permit No. NC0066141 Case No. LV-2003-0533 Gaston County Dear Ms. Sullins: This letter is our request for remission or mitigation of the subject penalty to the Town of Spencer Mountain. Investigation to find the cause of the violations of total suspended solids in the effluent of our well water backwash effluent has revealed the following: • The frequency of the filter backwash has been reduced to less than once per week due to reduction in water use for the town. The Pharr Yarns Spencer Mountain Division Mill closed and the decision not to rent the"Mill Houses' as they became vacant has reduced the average water consumption from 20.000 gallons per day to less than 5.000 gpd for the remaining 12 customers. The wastewater effluent total suspended solids increase in concentration has sporadically occurred and is believed to be due to a change in loading on the green sand filter media. • The operation of the hydraulic valves on the filter were not closing tight, causing some leaking when there was no flow. This may attribute to some of the fine filter media being removed during the backwash cycle. These violations were inadvertent, we could not visually see any change in the samples collected for analysis. The environmental damage to the South Fork of the Catawba River from backwash of the filters: 4,000 gallons once per week, is extremely negligible. However, we do not intend to exceed any of the limits in the permit. The following remedial action has been taken to prevent further violations: New valves have been installed on the filter at a cost of $1,800. A solids separator collection tank to hold the contents of the backwash discharge with clear water decant and solids collection and disposal is being designed to prevent any further violations. The tank can be installed within 30 to 60 days after approval. Page 2 The Town of Spencer does not have the funds to purchase and install the neede4 equipment and request that you consider remission or mitigation of the penalty to help pay for the installation of the needed solids separation equipment. Please contact me at(704)823-2310 if any other information is needed at this time. Sincerely. '2HeIGQ C�Cuc�z� Mike Church ORC Cc: Trace Hamrick W A F9 Michael F.Easley.Gov or • \-\/ Q William G.Ross Jr..Secretary a North Carolina Department of Environment and Natural Resources i��J r Alan W.Klimek.P.E..Director Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality August 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8286 6648 The Honorable Tracy Hamrick, Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,NC 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0066141 Town of Spencer Mountain WTP Case No. LV-2003-0533 Gaston County •Dear Mayor Hamrick: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.45 ($350.00 civil penalty+$85.04 enforcement costs) against the Town of Spencer Mountain. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Spencer Mountain for the month of April 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0066141. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Spencer Mountain violated the terms, conditions or requirements of NPDES Permit No. NC0066141 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Spencer Mountain: N_DENS Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623.6748 $ 250.00 For I of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0066141,by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Total Suspended Residue. $ 100.00 For I of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0066141, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $ 350.00 TOTAL CIVIL PENALTY $ 85.04 Enforcement costs. $ 435.04 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. Au). 7z � c3 d (Date) D. Rex G n, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Town of Spencer Mountain WTP NPDES Permit No. NC0066141 Case Number LV-2003-0533 Limit Violations, April 2003 Monthly Average Limit Violations Parameter Reported Value Limit Units Total Suspended Residue 79 * 30.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Total Suspended Residue 158 * 45.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Town of Spencer Mountain ) PERMIT NO. NC0066141 ) FILE NO. LV-2003-0533 Having been assessed civil penalties totaling$435.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated Aurust 7, 2003, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2003 BY ADDRESS TELEPHONE • EFFLUENT L '/A :; NPDES PERMIT NO- NC0066141 DISCHARGE NO: 00t \ MSNTH APRIL YEAR 2003 FACILITY NAME TOWN of SPENCER-MTN V6TV CLASS'N/A COUNTY GASCON OPE RATOKIN RESPONSIBLE CHARGE (ORfj raIVIEF DIMS. GItADE IV ._PHON (704-8z~-3552: CERT=LABORATOI IES(1) PFWARR TARNS (2) PAR-LABS CHLCK BOX WORC HAS-CHANGED LI PERSON(S)COI.LECTI IG-SAMPLES JAMES-DAVFS- i Mail-ORIGINAL and-ONE-COPY to: [. `0 �/ ATTN:CENTRAL FILES X �. /^n�o ��,/ .. C / /3 DI\'.OF WATER QUALITY (SIGMA URE OF OPERATOR iN RESPONSIBL GE) / 16t: S£it�IEE f ENT£R gY Trus-13 GNATURE.I CERTIFY THAT THIS REPORT ArentA RALEIGH,NC 27699-1617 Tg A� BEST OF MY . t I 50050 '01045 004007 [005530 50060'00543 00010 - ti`- _ I I 7, _ w 1-- FLOW Enter Parameter Code - I - v Y Above Name aodTrolte G., - - . iv..d�- U INF- am- z ..� ..y. - - O y C.: .� a C _ Z =a r FIRS HRS Y/N MCD MO UNITS MG/I. MG/L MIJL •C 1 I NO FLOW THIS WEEK 31 I_ 41 ,i 6 7 /-- 31t; %:i._l: =N t'idita.4, i 8 1125 1 , Y .004 8.4 6.8 it 158 I <0.03 <0.1 15 •%Ati:. i= •�_c� 10 11 , 12 _ _ 14 Ali ' ! 20::, ' 15 NO FLOW THIS .WEEK 16 17 18 IA.f M�a.. .-.,4:. , ....r.....r _�.} 19 I ri:,• er V4• 20 ?1 23 0750 1 Y .006 4.13 6.9 <5 <0.03 <0.1 15 24 25 26 27 I 28 29 NO FLOW THIS WEEK . 30 31 AVERAGE .005 6.27 ' 9 <0.03 <0.1 15 a( XIMUM .006 8.40 6.9 158 <0.03 <0.1 15 MINIMUM .004 4.13 6.8 <5 <0.03 <0.1 15 Como.(Cl I Grab(GI METERED G G - GGGG Monthly limit NIA NIA 6to9 I 30 WA _1/100 N/A DE\LEormMR,LL • • Facility-Status: (Please check-one of the following) - All monitoring data and-sir uip>mgfieque,icies incct-pcnnit requirements Compliant Afimonitoring data and"samprmg frequencies do NO 1 meet permit requirements I xx Noncompliant If the facility is noncompliant.please comment on corrective actions being taken in respect to equipment.operation,maintenance.etc.. and a timetable for improvements to be made. F4 IANTLF rt-rg rr T err r AE cUSPE THESOLIDSAVEROTPRESENT IN SOLI "' TS: THE TRS TEST ARE A-LAZ_ERROMN -.. TES`I "I-certify;under-penalty--of law;that this document-and-all-attachments-were ents-were prepa under-my-directiea-er- o with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based onm'inquiry of the person-erg manage the systems or-those persons responsible for gathering-the infermatimt 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 sulmining-false informatics;including the possibility_e f es-anent foclmewing violations." A.M CHURCH - - ty-pat_ - �� .6� s/J/O2 4� n **_ . Elate P-;07 BOX 1939-Me2CRE WILLE NC 28101- 604)823-2310- 1/31/2005 Permittee Address _ Phone Number Permit Exp.Date 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel. 50060 Total - _ 00076-Turbidity--- 00600 Total Nitrogen-- 04-002 -Total-Arsenio 041077-- Silver-- - Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen -- 01092 Zinc - - - - - Chlorine-- 0008-7UnionAPMf)- 006-35 Total Kjeldhal-- 04-027- Cadmium- 04105- Aluminum Nitrogen 000-95- Conductivity-. . 00630 Nitrates tes- 0403.2 HeimvnlentChromes- 01-147 Total-Selenium-. 71880--Formaldehyde 00300 Dissolved 01034 Chromium 31616 Fecal Coliform 71900 Mercury- Oxygen 00310- BODE- 00665 Total Phosphorous- 32730- Total-Phenolics- 81551 X-�lene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene . 00400- pH-- 00745 Total Sulfide 0104-2 -Copper- 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 06929. Total Sodium- 01fl45-Iron- 39516 PCBs _ 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow . Paten maybe obtained -b3' £ompliance Group at(919)733-5083,extension 531 534. Use only units designated in the reporting facility's permr1i reportingdata. - *ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. **If si b therthan-the permittee.delegation-of-si at s a�uthe .must-be on-file with the-state per-f5A-NCAC 213-0-506-(,)(2) (D). 0" 1- .,.II £_ l: ._ ::,:. Permit NC00661. • • 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: EFFLUENTS N . LIMITS ? MONITORING REQUIREMENTS CHARACTERISTICS = , } -"� "� +t'F�r..i�i-t�}�`1ie>�Je 3>r�.c....t'L: ,. ';- �:� ti: :._. ' ; r �.. fit. .� 7 3t:.r��' r Monthl 4 � :_ y Daily Measurement Sample Type Sample Location := _ Average .4 Maximum Frequency Flow Weekly Meter Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 miL 0.2 ml/L Weekly Grab Effluent Turbidityi Weekly Grab Upstream&Downstream Iron Weekly Grab Effluent Total Residual Chlorine Weekly Grab Effluent Footnotes: 1. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. �� �� Michael F.Easley, error/ O RQ William G.Ross Jr..Secretary North Carolina Department of Environment and Natural Resources � Alan W.Klimek,P.E.,Director .c Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality October 22,2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Tracy Hamrick,Mayor 7001 2510 0004 8286 5153 Town of Spencer Mountain P.O.Box 128 McAdenville,NC 28101 Subject: Notice of Violation-Effluent Limitations Town of Spencer Mountain WTP NPDES Permit No.NC0066141 NOV-2003-LV-0212 Gaston County Dear Mayor Hamrick: A review of the July 2003 self-monitoring report for the subject facility revealed a violation of the following parameter Pipe Parameter Reported Value Limit 001 Total Suspended Residue 54 mg/L 45.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, 1 - '-� D. Rex Gleason,P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit RMB Av7a. tal NCDENR Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 Michael F.Easley,Govern l t4^a pF W A7F William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources VVV Alan W.Klimek,P.E.Director -i Division of Water Quality -CS � Coleen H.Sullins,Deputy Director Division of Water Quality August 12, 2003 The Honorable Tracy Hamrick, Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,NC Dear Mayor Hamrick: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 5, 2003 by Mr. Barry Love of this Office. Please note that the violations listed under the Self-Monitoring Program section of the report have been addressed previously by this Office under separate letters. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report to him. The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Mr. Love or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department BL rvKr Q�11 N.C.Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 (919)733-7015 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington,D.C.20460 OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 t t 2 I I 3 I NC0066141 11 12 03/08/05 ( 17 16' 19' 1 20 I L=J Remarks 11.1 LJ 211 I I 1 I L 1 1 1 1 1 1 1 11 I 1 1 1 1 1 1 1 11 III 11 I I 1 I 1 I I L I I I I I 1 1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 67 1.5 169 70 LJ I, I 71 1.11 72 1„I 731 I 174 751 I I I I I I 180 Section B: Facility Data LI 1 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) 01:15 PM 03/08/05 01/10/01 Spencer Mountain W^-P Exit Time/Date Permit Expiration Date NCSR 2003 Gastonia NC 28052 01:35 PM 03/08/05 05/01/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Anderson Mike Churcn/ORC/704-739-7200/ James Davis//704-824-3551/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Mike Churcn,PO Box 128 McAdenville NC 28101//704-823-2310/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit ?low Measurement Operations & Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date Barry F Love MRO WQ//704-663-1699/704-663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699/704-663-6040 EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Illiq PERMIT: The permit authorizes the continued operation of an existing water treatment plant with a discharge of filter backwash wastewater. RECORDS AND REPORTS: Records and reports consisting of discharge monitoring reports,chain of custody forms,sample analysis reports,process control data,calibration logs,Operator-in-Responsible Charge(ORC)log,and maintenance logs were reviewed at the time of the inspection. The records were organized and well maintained. FACILITY SITE REVIEW/OPERATIONS&MAINTENANCE: The facility and surrounding grounds appeared to be well maintained. The facility is staffed with appropriately certified operators. The operator was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: The Pharr Yarns WWTP laboratory(Certification#5278)in McAdenville,N.C.and the contracted services of PAR Laboratories,Inc.(Certification#20)in Charlotte,N.C.provide analytical support. The laboratories were not inspected at the time of the inspection. The pH and TRC meters and thermometer appeared to be properly calibrated. The ORC and staff must insure that all calibration times are documented to verify the meters were calibrated prior to analysis. EFFLUENT/RECEIVING WATERS: The facility was not discharging at the time of the inspection. The facility discharges into the South Fork Catawba River,which is a Class WS-V water in the Catawba River Basin. The receiving stream did not appear to be negatively impacted. The outfall location was well maintained and accessible. SELF-MONITORING PROGRAM: Self-monitoring reports were reviewed for the period August 2002 through May 2003. Total suspended residue daily maximum violations were reported on September 19 and 24,2002,and February I I and April 8,2003. Additionally,total suspended residue monthly average violations were reported for September 2002,February 2003 and April 2003. These violations have been addressed under separate letters from this Office. FLOW MEASUREMENT: Effluent flow is measured instantaneously by an in-line totalizer. ()Y ':. ."c9 William G.Ross Jr.,Secretary , . �✓�. North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director Di a Division of Water Quality June 10, 2003 Tracy Hamrick Town of Spencer Mountain NC DEPT.0: :,,,,,gMtNT P.O. Box 128 AND NAT -SOURCES Mc Adenville, NC 28101 YOORES' . \IAL OFFICE P .4.1 SUBJECT: Payment Acknowledgment 6 2003 Civil Penalty Assessment PUN 1 Spencer Mountain WTP Gaston County Permit No: NC0066141T LV-2003-0387 WATER SECT Dear Mayor Hamrick:. This letter is to acknowledge receipt of check No. 143746 in the amount of$185.45 received from you dated June 9, 2003. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes,Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, CLA,A,„„fYYV 0.1.04 /411 For Coleen Sullins,Deputy Director Division of Water Quality cc: Enforcement File#: LV-2003-0387 Mooresville Regional Office Supervisor Central Files • ' .. i 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 ��r hi • William G.Ross Jr.,Secretary /\ ` �O North Carolina Department of Environment and Natural Resources V / C./3r Alan W.Klimek,P.E.Director t/ >_ Division of Water Quality ' animal* C May 16, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8287 6883 The Honorable Tracy Hamrick Town of Spencer Mountain P.O. Box 128 Mc Adenville,NC 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) and NPDES Permit NC0066141 Town of Spencer Mountain Spencer Mountain WTP Case No. LV-2003-0387 Gaston County Dear Mayor Hamrick: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $185.45 ($100.00 civil penalty+ $85.45 enforcement costs) against Town of Spencer Mountain. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Town of Spencer Mountain for the month of February 2003. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0066141. The violations which occurred in February 2003 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Spencer Mountain violated the terms,'conditions or requirements of NPDES Permit NC0066141 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Rex Gleason, Division of Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Town of Spencer Mountain: 1 of the 1 violations of G.S. 143-215.1(a)(6)and NPDES Permit No. $100.00 NC0066141, by discharging waste water into the waters of the State in violation of Permit the Permit Daily Maximum limit for RES/TSS. 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0066141, by discharging waste water into the waters of the State in violation of Permit the Permit Monthly Average limit for RES/TSS. $100.00 TOTAL CIVIL PENALTY $85.45 Enforcement Costs $185.45 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR • 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. f r( /G 2 Q s � � ecA-"L (Date) D. Re eason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND ) STIPULATION OF FACTS ) TOWN OF SPENCER MOUNTAIN ) ) ) PERMIT NO. NC0066141 ) FILE NO. LV-2003-0387 Having been assessed civil penalties totaling $185.45 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 16, 2003, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty(30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after(30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Town of Spencer Mountain CASE NUMBER: LV-2003-0387 PERMIT: NC0066141 FACILITY: Spencer Mountain WTP COUNTY: Gaston REGION: Mooresville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED 'A OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 2-2003 001 Effluent RES/TSS 02/28/03 2 X month mg/I 45.00 72.00 60.00 Daily Maximum Exceeded $.00 2-2003 001 Effluent RES/TSS 02/28/03 2 X month mg/I 30.00 32.00 6.67 Monthly Average Exceeded EFFLUENT U APR 0 9 2003 NODES PERMIT NO. NC0066141 DISCHARGE NO. 001 MONTH FEBRUARY YEAR 2003 FACILITY NAME TOWN of SPENCER MTN WTP CLASS N/A COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) JAMES DAVIS GRADE IV PHONE (704)82-4-3551 CER1'11h1t.11 LABORATORIES(1) PHARR YARNS (2) PAR LABS _ CHECK BOX IF ORC HAS CHANGED 0 PERSON(S)COLLECTING SAMPLES JAMES DAVIS Mail ORIGINAL and ONE COPY to: ATT\:CENTRAL FILES X (--). ,� L .• J I l - DIY.OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) 1 DATE 1617 MAIL SERVICE CENTER RAi SIGH NC.7699 1617 BY TTfIS SIGNATURE,I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 01045 00400 00530''50060'00545 IJ001(T- x Y ` • FLOW Enter Parameter Code - It J E `,1; Above Name and Units ," 1 <oo aEFF El Beim T <Z "en ! e,, 1-... .. INF g F c. :•l _ii ry J L C .. Cy`e `: .,•t.3 `• ' << C - _ f 5 v C. Fes-•�: =C I HRS HRS I Y/N MGD MO UNITS MG/L MG/L MIJL •C _ 11 2! - I t,. 340900 2 Y .003 39.6_ 6.9 24- <0.03 <0.1 I 15 - ^._,J R I`r c 41 I I I •••4 T.::::! ,i � f � i � i i 6, I I 7! I I APi 1 6 Oer ' 91 10: I I 1 111210 1210 1 Y .004 7.81 6.8 I 72 <0.03 <0.1 15 I j 121 . 4 p��aw I 131 1 - -bc 1(r i 0 i rfv�iIQ'G..:,6:r.- 141 I I I '. , 15! r I I I 161 - 1 j 17! - I 181 - NO DISC. THIS WEEK- - - 19I 201 . 211 • 221 1 231 — I 241 2511420 1 Y .004 3.08 6.9 <5 <0.03 <0.1 15 1 261 271 281 29; 30; I I I 31! I I I AVERAGE .003667 16.83 L''...7'�2 I <0.03 <0.1 15 - MAxIMIIM .004000 39.60I 6.9 I 73- <0.03 <0.1 15 MINhIUM .003000 3.08 6.8 I <5- <0.03 <0.1 15- I- I CYmA(C)iGrab-(G) METERED G G G G G- G I - I Mph Limit NIA NIA 6to9 30 NIA ..11100 I NIA 1 . . I I DEN:Form MR-1.1 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements XX Noncompliant If the facility is noncompliant.please comment on corrective actions being taken in respect to equipment.operation maintenance,etc., and a timetable for improvements to be made. Total Suspended Residue was above weekly Avg.on 2/11/03 Total Suspended Residue was above Monthly Avg Total Settleable Solids met weekly and monthly averages so no explanation-for suspended residue. except maybe lab error or some dissolved or fine non-settling solids in sample. "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 orrmy 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 tharthere are significant penalties for submitting false information including the possibility of fines and imprisonment for knowing violations." A.M. CHURCH Permittee-(PPlease-print or type) Signature of Permittee** Date P.O.BOX 1939-McADENVLLLE NC 28101 (704)8-23-2310 1/31/2005 Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil 8:Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00087 Union-(APMI) 00635 Total Kjeldhal - 0-1027- Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites- 01 2 Hexavalent Chromium- 01147 Total Selenium 71880- Formaldehyde 00300 Dissolved 01034 Chromium 31616 Fecal Coliform 71900 Mercury Oxygen 00310 BODS 00665 Total Phosphorous 32730 Total Phenolics 81551 Xvlene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may be obtained by calling the WaterQuality Compliance Group at(919)733-508-3 extensiow531 or 534. Use only units-designated in the reporting facility's per for reporting data * ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204. **If signed by other than the permittee. delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2) (D). Permit NC0066 t -= 14� - A. (1.) EFFLUENT LIMITATIONS AND MONITORLNG 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;'itzar tip . RT LIMITS a w MONITORING REQUIREMENTS ra CHARACTERISTICS r • = .. Y-� : Daily Measurement Sample Type Sample Locations=- '.._... : Average-.. Maximum Frequency. Flow - Weekly r,--. Meter Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 mVL 0.2 mVL Weekly Grab Effluent Turbidity1 Weekly Grab Upstream&Downstream Iron Weekly Grab Effluent Total Residual Chlorine I Weekly I Grab Effluent Footnotes: 1. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. • • • F WArF ;/ V 9 , Michael F.Easley Govemor Ct r William G.Ross,Jr.,Secretary > -I North Carolina Department of Environment and Natural Resources 5 < Alan W.Klimek,Director Division of Water Quality November 5, 2002 The Honorable Tracy Hamrick, Mayor Town of Spencer Mountain Post Office Box 128 McAdenville,North Carolina 28101 Subject: Compliance Evaluation Inspection Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County,N.C. Dear Mayor Hamrick: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on October 30,2002 by Mr. Wes Bell of this Office. Please advise the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at(704) 663-1699. Sincerely, \,$) D. Rex Gleason,P.E. \ Water Quality Regional Supervisor Enclosure cc: Gaston County Health Department WB NEDENR Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1 800 623-7748 FAX (704) 663-6040 ,, .7.04 US Environmental Protection Agency, Washington,D.C.,20460 Form Approved. A 11 Water Compliance Inspection ReportaP oMB No.2oao-oos7 Aroval Expires 8-31-98 NC Division of Water Quality/Mooresville Regional Office NCDENR pp :i _ _ , „ SiCAon:A Nationa1iflata'S,yste ntoding. - - Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type N 5 NC0066141 02/10/30 C S 2 Remarks: Inspection Work Days Facility Evaluation Rating BI QA Reserved 1.5 4 N N Section B:Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: Spencer Mountain WTP 2:30 pm 01/10/01 NCSR 2003 Spencer Mountain Exit Time/Date: Permit Expiration Date: Gaston County,North Carolina 2:38 pm 05/01/31 02/10/30 Name(s)of On-Site Representative(s)/Title(s)/Phone No(s)/Fax No(s): Mr.James Davis/ORC/704-824-3551 Name and Address of Responsible Official: Title: The Honorable Tracy Hamrick Mayor Town of Spencer Mountain Post Office Box 128 Phone No: Contacted? McAdenville,North Carolina 28101 704-824-0360 No Section C:Areas Evaluated During Inspection(Check only those areas evaluated) X Permit X Flow Measurement X Operations&Maintenance Sewer Overflow X Records/Reports X Self-Monitoring Program Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: Section D:Summary of Findings/Comments See Attached Sheet(s) for Summary. Name(s)and Signature(s)of Inspectors: Agency/Office/Telephone No: Date: Wes Bell (��.{/, 04fi NCDWQ/MOORESVILLE/(704)663-1699 11/4/02 Date: Signature of Management QA Reviewer: Agency/Office/Phone&Fax No: Date: EPA Form 3560-3(Rev.9-94)Previous editions are obsolete Spencer Mountain WTP Page Two The facility was last inspected by Wes Bell of this office on December 13,2001. PERMIT: The permit authorizes the continued operation of an existing water treatment plant with a discharge of filter backwash wastewater. The current permit became effective on 10/1/01 and expires on 1/31/05. RECORDS AND REPORTS: Records and reports consisting of discharge monitoring reports (DMR's), chain of custody forms, sample analysis reports, calibration data, Operator-in-Responsible Charge (ORC) log, and daily operation and maintenance logs were reviewed at the time of the inspection. The facility's records were in-depth and well organized. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The filter system appeared to be in good condition and the surrounding grounds were well maintained. The facility is staffed with one Grade IV ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. The ORC was very knowledgeable of the treatment processes and equipment used at the facility. LABORATORY: The Pharr Yams WWTP Laboratory (Certification #229) in McAdenville, N.C. and the contracted services of PAR Laboratories, Inc. (Certification #20) in Charlotte, N. C. provide analytical support. The laboratories were not evaluated at the time of the inspection. Please refer to Mr. Chet Whiting's(Division's Laboratory Certification Unit)Laboratory Certification Maintenance Inspection report dated 5/14/02 for the inspection performed at the Pharr Yarns WWTP laboratory on 3/19/02. The pH and TRC meters appeared to be properly calibrated. The ORC must insure that all meter calibrations are documented to verify that the meters are calibrated prior to the analyses. The start time for the settleable solids test was not documented to verify compliance with Standard Methods, 18th Edition-Method 2540 F. , EFFLUENT/RECEIVING WATERS: The facility was not discharging at the time of the inspection. The facility discharges into the South Fork Catawba River, which is a Class WS-V water in the Catawba River Basin. The receiving stream did not appear to be negatively impacted. The outfall location was well maintained and accessible. Spencer Mountain WTP Page Three SELF-MONITORING PROGRAM: Self-monitoring reports were reviewed for the period October 2001 through July 2002, inclusive.No limit violations were reported. All monitoring frequencies were correct. All samples appeared to be properly preserved and meet the required holding times. Please be advised that if the facility does not discharge for an entire week,then"No Discharge"must be reported on the DMR. FLOW MEASUREMENT: The effluent flow is measured instantaneously by an in-line totalizer. The facility only discharges when the ORC manually opens a valve. A MichaelF. Easley O�OF W TFRQG ©�,� Governor c?) r NCDENR North Carolina Department of Environt arid.Natura4-Resources `TerT. Stevens; Director `Division of Water Quality February 28,2001 MAR 1 3 2001 MIKE CHURCH Town of Spencer Mountain P.O.Box 128 t< McAdenville,NC 28101 WATER QUALITY SECTION Subject: Renewal Notice NPDES Permit NC0066141 SPENCER MOUNTAIN W IP Gaston County Dear Permittee: The subject permit expires on September 30,2001. North Carolina Administrative Code(15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application,you may disregard this notice. To satisfy this requirement,your renewal package must be sent to the Division postmarked no later than April 5,2001. Failure to request renewal of the permit by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30,2001 (or if continuation of the permit is desired),the current ,; permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1 and could result in assessment of civil penalties of up to$25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact Bob Sledge of the Division's Compliance Enforcement Unit at(919) 733-5083,extension 547. You may also contact the Mooresville Regional Office at(704)663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions,please contact me. My telephone number,fax number and e-mail address are listed at the bottom of this page. Sincerely, Valery Stephens Point Source Branch cc: Central Files NPDES File 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 520 (fax)919 733-0719 VISIT US ON THE INTERNET 0 http://h2o.enr.state.nc.us/NPDES e-mail:valery.stephens@ncmail.net NPDES Permit NC0066141 Town of Spencer Mountain Gaston County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 1.22.21.. If the PPA is not completed within one week of April 5, 2001, submit the application package without the PPA. Submit the PPA as soon as possible after April 5, 2001. The above requirement does NOT apply to municipal or non industrial facilities. tL'L'L'Ltt r ttt t PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. T TCL'L't,t t'C'tTIT Send the completed renewal package to: Ms. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 1NA7E .S� . Michael F.Easley,Governor '}, William G.Ross Jr.,Secretary Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality ,i)/(7 DEFT.OF F".':p-, • JUN 2 3 2003 u► l.:. ,;,,. R The Honorable Tracy Hamrick Town of Spencer Mountain JUN 2 5 2003 P. O. Box 128 McAdenville, NC 28101 Subject: Remission Request of WA TE^ ` :'l try _, Civil Penalty Assessment ¢R� Town of Spencer Mountain WTP NPDES Permit Number NC0066141 Gaston County Case Number LV-2003-0141 Dear Mayor Hamrick: I considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have decided to remit the entire civil penalty in the amount of $1,585.45 and hereby close our case number LV-2003-0141. Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement action against the subject facility should additional violations occur. If you have any questions about this letter,please do not hesitate to contact Bob Sledge at (919) 733-5083, extension 547. Thank you for your cooperation in this matter. Sincerely, rair% Alan W. Klimek,P.E. cc: Mooresville Regional Office Enforcement File Central Files4474 Customer Service Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 1 800 623-7748 (919)733-7015 Fax:(919)733-9612 May 30, 2003 MEMORANDUM TO: Rex Gleason FROM: Richard Bridgeman SUBJECT: Request for Remission of Civil Penalty Case No. LV 03-141 Town of Spencer Mountain WTP NPDES Permit No. NC0066141 Gaston County The Town was assessed a civil penalty of$1585.45, including$85.45 in enforcement costs, on 2/21/03. The case covers 2 TSR daily maximum violations and a TSR monthly average violation, occurring during 9/02. The Town advises that to pay the civil penalty would be a financial hardship. Laboratory error is also suspected for the 2 violations, which occurred during 2 different weeks. The Town goes on to say that even if there was not a lab error, the solids were probably inert sand. There have been no previous civil penalty assessments for limits violations against the Town, but there has since been another assessment for a TSR daily maximum violation and a TSR monthly average violation, occurring during 2/03. For these violations, the Town also suggests either"lab error or some dissolved or fine non-settling solids in sample". Within the framework of the remission factors,the permittee did not provide justification for remission of the assessment. G:\ 7-, 1 ...wortncmos\Spcncer Mtn. WTPRR. 0 o �I 2. v � e y4-, b 2 , .ten,`T� '� W rP . cam. c p ��� (v' DIVISION OF WATER QUALITY-CIVIL PENALTY ASSESSMENT VIOLATOR: 7 041/.11 vi-,.1,.=Ncc`,e n v v 'L'-/-1-/ ) COUNTY: G S T''•J CASE NUMBER: L d`'se _ /' ASSESSMENT FACTORS: 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation(s); ❑Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 2) The Duration and gravity of the violation(s); o Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Exticuiely Significant 3) The effect on ground or surface water quantity or quality or on air quality; ❑Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 4) The cost of rectifying the damage; ❑Not Significant 0 Moderately Significant 0 Significant 0 Very Significant ❑Exticineiy Significant 5) The amount of money saved noncompliance; ❑Not Significant oderately Significant 0 Significant 0 Very Significant 0 Exticniely Significant 6) Whether the violation(s)was(were)committed willfully or intentionally; ❑Not Significant 0 Moderately Significant 0 Significant 0 Very Significant o Extremely Significant 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and ❑Not Significant 0 Moderately Significant 0 Significant ❑Very Significant 0 Extremely Significant 8) The cost to the State of the enforcement procedures. o Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant Date D.Rex Gleason, .E. Water Quality Regional Supervisor REMISSION FACTORS: () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner, () Whether the violator promptly abated continuing environmental damage resulting from the violation(s); ( Whether the violation(s)was(were)inadvertent or a result of an accident; ' () Whether the violator had been assessed civil penalties for any previous violations; and () Whether a ent of the civil penalty will prevent payment for the remaining necessary rem ial actions. 6 (e 6 '3 Date Alan W.Klimek,P.E. Director State of North Carolina ,i4w A r Department of Environment and Natural Resources kci; Division of Water Quality ��CY ty) / wift....1,...mmiwom Michael F. Easley, Governor M, NCDENA. Wiliam G. Ross Jr., Secretary II yy Cl� Alan Klimek, P.E., Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES April 1, 2003 Attn: The Honorable Tracy Hamrick,Mayor P. O. Box 128 Mcadenville, NC 28101 Subject: Remission Request of Civil Penalty Assessment Spencer Mountain Wtp Gaston County Permit No: NC0066141 LV 03-141 Dear Mayor Hamrick: This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. You will be notified when a decision is made concerning the request. If you have any questions,please call Bob Sledge at(919) 733-5083. Sincerely, xe,k, , ;c4S1 %. oL.,r Co een Sullins, Chief MONAT izr Water Quality Section MOORES, -- ROES i CmiffmrefQ Supervisor w/attachment I Enforcement File#: LV 03-141 w/3 attachments APR 0 c0 ; Central Files W4 TFi 1617 Mail Service Center,Raleigh,NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Town of Spencer Mountain ) ) PERMIT NO. NC0066141 ) FILE NO. LV 03-141 Having been assessed civil penalties totaling for violation(s)as set forth in the assessment document of the Division of Water Quality dated ,the undersigned,desiring to seek remission of the civil penalties,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the /f 1 day of Aa•i-G,t- , 2003 T ag47- 477-e-*.. ADDRESS C /�fA JJ 7-w b_r . ?encev LITa . r 77 Pc. a is8 If\q t:', :1 2 F Li,., /I/1�Ad Pti r'il e N.C ;he,' i SECTiON TELEPHONE (704) -3ra31 m 7)/24111.4t€A) arr Palomar Ph Pharr r Yarns,Inc. n�� � Pharr International,Inc. P.O.Box 1939 Va` 3 Sylvania Yarn Systems,Inc. 100 Main Street McAdenviile,NC 28101.1939 Telephone:704/824-3551 ` facsimile: 704/824-0072 I 1 w t • n Z333 ,1 M�arrchh118 2003 N - __ M Col n Sullins ater Quality Section P H R Chief ivision of Water Quality YARNS 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Subject: Request for Remission or Mitigation of Civil Penalty Town of Spencer Mountain WTP Permit No. NC0066141 . Case No. LV 03-141 Gaston County Dear Ms. Sullins: The Town of Spencer Mountain request the remission or mitigation of the subject violation for exceeding the limit of total suspended solids on the 19th and 24th of September 2002. We do not contest the accuracy of the statements contained in the assessment letter and waive our right to an administrative hearing. Please find attached the signed and dated Waiver of Right to Administrative Hearing form, USGS Stream Flow Statistics, and calculation sheet. As described in the permit, the wastewater discharge is generated from backwashing the filter for the well water; the public water supply for the Town of Spencer Mountain. The drinking water consumption has decreased from an average of 20,000 to 7,000 gallons per day due to the closing of Pharr Yarns, Spencer Mountain Division in March of 1999 and the decision to discontinue the rental of most of Pharr Yarns residential houses due to their condition. This has resulted in the loss of revenue for the town. Mayor Hamrick advised that the penalty of$1585.45 would be a financial hardship for the town. Page 3 (5) The amount of money saved by noncompliance; Reply: No money was saved by noncompliance. (6) Whether the violations were committed willfully or intentionally; Reply: The violation was not willful or intentional. (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and Reply: No prior record of violation (7) The cost to the State of the enforcement procedures. Reply: N/A (b) the violator promptly abated continuing environmental damage resulting from the violations; Reply: there was no environmental damage from the violations. (c) the violations were inadvertent or a result of an accident; Reply: the violations were inadvertent (d) the violator had been accessed civil penalties for any previous violation; Reply: no previous violation (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Reply: the cost of the civil penalty could be applied to replacement of the filter media as needed. Please contact me at (704) 823-2310 if any other information is needed . Sincerely: Mike Church, Asst. ORC Page 2 The total suspended solids were thought to be a laboratory error as we described in the comment section of the September DMR due to the settleable solids analysis from the same sample of less than 0.1 ml/L. However, the sample may have contained some fine silica from the filter sand due to attrition that would not have shown in the settleable solids analysis but would be have been filtered out in the gravimetric total suspended solids analysis. The suspended solids were inert sand or other properties from the drinking water supply that did not contribute to any pollution of the South Fork River. The following is a detailed itemized statement that establishes justification for your consideration of remission or mitigation of the civil penalty. As requested, these statements establish whether: (a) one or more of the civil penalty assessment factors in G. S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations. Reply: The discharge flow of 4,000 gallons once per week into a stream flow of 350 cfs or 225.8 mgd contributing an additional 36mg/L (1.2 lbs. /day) and 42 mg/L (1.4 lbs./day) respectfully of inert material is no harm to the stream from the violation. (2) The duration and gravity of the violations; Reply: The two occurrences of ten minutes each with no previous of prior violations did no harm to the environment. (3) The effect on ground or surface water quantity or quality or on air quality; Reply: No effect on either surface water or ground water or air quality. (4) The cost of rectifying the damage; Reply: N/A • Data Category: Geographic Area: Water Resources IReal-time "r 'North Carolina r-22j USGS 02145000 SOUTH FORK CATAWBA RIVER AT LOWELL, NC PROVISIONAL DATA SUBJECT TO REVISION Available data for this site IReal-time '4► This station is operated in cooperation with Duke Energy. Times are Eastern Standard Time. Available Parameters Output format Days All 2 parameters available at this site (Graph i186 get data 1 00060 DISCHARGE (DD 02) (1-31) 00065 GAGE HEIGHT(DD 03) Only 31 days of Unit-value data are available on this server DISCHARGE, CUBIC FEET PER SECOND Most recent value: 1,060 03-03-2003 16:45 USGS 02145000 SOUTH FORK MAMBA RIVER AT LOMELI, NC 7000 W LA W a W W Li M 1000 ti I oc w N N O 200 - . - Sep 01 Oct 01 Nov 01 Dec 01 Jan 01 Feb 01 lIar 01 DATES: 08/29/2002 to 03/03/2003 23:59 EXPLANATION — DISCHARGE MEDIAN DAILY STREAIIFLON BASED ON 47 YEARS OF RECORD nup.//Wakeivata.usgs.gov/I1eIIIWIs/uv!IUIII1al-g11o.peuou-looQ.site no—vi, 4.3vvu i/i/VJ •, . Town of Spencer Mountain WTP Permit No. NC 66141 Calculation Sheet March 18, 2003 Flow from USGS 02145000, South Fork Catawba River, Downstream of the effluent (001) discharge on September 19th and 24th, 2002 = 350 CFS or 225.8 MGD Total suspended solids exceeded the monthly average limit of 30mg/L on September 19th and 24th 19th =66 mg/L @ .004 mgd lbs./day= .004 mgd x 8.34 lbs./gallon x 66 mg/L lbs./day= 2.2 exceeded the 30 mg/L limit by 36 mg/L or 1.2 lbs/day 24th = 72 mg/L @ .004 mgd lbs./day= .004 mgd x 8.34 lbs./gallon x 72 mg/L lbs./day= 2.4 exceeded the 30 mg/L limit by 42 mg/L or 1.41bs/day 46c)w ArFG Michael F.Easley Governor William G.Ross.Jr.,Secretary O North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Division of Water Quality February 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0005 0287 8323 The Honorable Tracy Hamrick, Mayor Town of Spencer Mountain P.O. Box 128 McAdenville,NC 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6)and NPDES Permit No. NC0066141 Town of Spencer Mountain WTP Case No. LV 03-141 Gaston County Dear Mayor Hamrick: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1585.45 ($1500.00 civil penalty+ $85.45 enforcement costs) against the Town of Spencer Mountain. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by the Spencer Mountain for the month of September 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0066141. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that the Town of Spencer Mountain violated the terms, conditions or requirements of NPDES Permit No. NC0066141 and North Carolina General Statute(G.S.) 143-215.1(a)(6)in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I,D. Rex Gleason,Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Spencer Mountain: •, Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 NCDENR 1 800 623-7748 FAX (704) 663-6040 Cf.) 0 $ 1 v • — For / of the one(1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0066141, by discharging waste into the waters of the State in • violation of the permit monthly average effluent limit for Total Suspended Residue. Dc> $ s ° 0 For 2-- of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0066141, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $ /`S" v ^a TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. s- $ / f a'S' = TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice,you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by.a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status,directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp(not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s)may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. Z/, 2 v (-)3 (Date) D. Rex ason,P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments RMB Attachment A Town of Spencer Mountain WTP NPDES Permit No. NC0066141 Case Number LV 03-141 Limit Violations, September 2002 Monthly Average Limit Violations Parameter Reported Value Limit Units Total Suspended Residue 40.8 * 30.0 mg/L Daily Maximum Limit Violations Parameter Reported Value Limit Units Total Suspended Residue 66 *, 72 * 45.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Gaston IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Town of Spencer Mountain ) ) PERMIT NO. NC0066141 ) FILE NO. LV 03-141 Having been assessed civil penalties totaling for violation(s)as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2003 BY ADDRESS TELEPHONE Permit NCQ06614 • 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 .. r #�1.:�:� LIMITS -' -,.,.�..,�,t,• ��3 �- .- �...�,�� ���MONITORING REQUIREMENTS CHARACTERISTICS Monthly,V : Daily :Measurement Sample Type 14 Sample Location Average-tin; . Maximum_ Frequency:.' r��. ` Flow Weekly Meter Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Settleable Solids 0.1 mVL 0.2 mVL Weekly Grab Effluent Turbidityi Weekly Grab Upstream&Downstream Iron Weekly Grab Effluent Total Residual Chlorine Weekly Grab Effluent Footnotes: 1. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements XX Noncompliant If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment.operation,maintenance,etc.. and a timetable for improvements to be made. FACILITY WAS NONCOMPLIANT FOR TSR BELIEVE THIS IS PROBABLY A LABORATORY ERROR DUE THAT THE SETTLEABLE SOLIDS RESULTS WERE ALL LESS THAN 0.1 mUL. "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." A.M. CHURCH Permittee(Please printt or type) Si of Pennittee** `Date P.O.BOX 1939 McADENVILLE NC 28101 (704)823-2310 9/30/2001 Permittee Address Phone Number Permit Exp.Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00087 Union(APMI) 00635 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved 01034 Chromium 31616 Fecal Coliform 71900 Mercury Oxygen 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may be obtained by railing the Water Quality Compliance Group at(919)733-5083,extension 531 or 534. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required.per 15A NCAC 8G.0204. **If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2) OD). ;`l - - ZOOZ EFFLUENT �` I► 17 Id2„ NPDES PERMIT NO. NC0066141 DISCHARGE NO. 001 MONTH SEPTEMBER YEAR 2002 FACILITY NAME TOWN of SPENCER MTN WTP CLASS N/A COUNTY GASTON OPERATOR IN RESPONSIBLE CHARGE(ORC) JAMES DAVIS GRADE IV PHONE (704)824-3551 _ CERTIFIED LABORATORIES(1) PHARR YARNS (2) PAR LABS ri, CHECK BOX IF ORC HAS CHANGED El PERSON(S)COLLECTING SAMPLES JAMES DAVIS Mail ORIGINAL and ONE COPY to: 4 X W /�ATTN:CENTRAL FILES r I f I C °Q Drv.OF WATER QUALITY (SIm�� O OPERATOR IN RESPONSIBLE CHARGE) DA 1617 MAIL SERVICE CENTER "L!' RALEIGH NC 276M 1617 BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 50050 01045 00400 00530 50060 00545 00010 a Y FLOW Eater Parameter Code T.2./ : Above Name mid Uafta :� '*o � = EFF 0 Below ;� n _ rZ = n `"' L INF 1.4 Fig F=Cq s?� C F:. c •• =� rc a :n zU y:: HRS HRS Y/N MGD Me/1 UNITS MG/L MG/L MI.JL •C 1 : !�nrp 2 1 pr - 3 1100 1 1 Y .004 10.8 6.9 9 <0.03 <0.1 16 1 4• t 1 5 6 1 7 7 NO"I 9 7 ?nag I 9 1000 1 I Y .006 16.4 6.9 ' 16 <0.03 <0.1 15 101 I 11 121 I 1 13 ( .a.;.�_t 14 15 16 - 17 18 �---\ 19 1010 2 Y .006 17.9 7.0 (66 J <0.03 <0.1 15 I 20 21 22 23 /7" ' 24 1240 1 Y .004 39.2 6.9 '( 72 <0.03 <0.1 16 25 26 27 28 29 30 �f Iiiv►8 31 .$ AVERAGE .005000 _21.15 _ `-44 <0.03 <0.1 16 MAxn►nnr .006000 39.2 7.0 72 <0.03 -<0.1 16 - MINIMUM .004000 10.8 6.9 _ 9 <0.03 <0.1 15 Comp.(C)/Grate(G) METERED G G G G G G Monthly Limit WA WA 6to9 30 N/A .1/100 WA DE\I Form MR-1.1 Fast Track Worksheet • Case Number LV 03 141 Facility Name Spencer Mountain WTP Permit Number NC0066141 Previous Case Statutory Maximun $10,000 in the Last No per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor= 1 0 20 03 0 40 C91 6 too1.0o Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty 1 1 Total Suspended Monthly/Quarterly $1000 1 $1000.00 Residue avg 2 2 Total Suspended Weekly avg/daily $250 $500.00 Residue max 3 Grand Total Penalty $1500.00 Percent of the Maximum Penalty 5.00 Authorized by G.S. 143-215.6A. Comments Prepared by Richard Bridgeman