HomeMy WebLinkAboutNC0072621_Regional Office Historical File Pre 2018/A� Wt—
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 23, 2009
Ms. Edith Beam
FA BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2009-LV-0510
Lakewood Care WWTP
NPDES Permit No. NCO072621
Lincoln County
Dear Ms. Beam:
A review of the August 2009 self -monitoring report for the subject facility revealed a violation of the following
parameter:
Pipe Parameter Reported Value Permit Limit
001 Fecal Coliform 620/100 ml 400/100 ml (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/ maintenance problems, and you anticipate remedial construction activities, then you may
wish to consider applying for a Special Order by Consent. You may contact Mr. 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
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 NoorthCaroll/ina
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Internet: wvvw.ncwaterquality.org atura!!rf
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper
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November 17, 2009
LAKEWOOD CARE CENTER
P.O. BOX 177
DENVER, NC 28037
NOV 19 2009
Ms. Marcia Allocco
NCDENR
610 East Center Ave., Suite 301
Mooresville, NC 28115
Subject: NOTICE OF VIOLATION/NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Compliance Sampling Inspection
Lakewood Care Center WWTP
NPDES Permit NCO072621
NOV-2009-PC-0860
Lincoln County, North Carolina
Dear Ms. Allocco:
Thank you for your letter dated October 26, 2009. I also appreciate your
acknowledgement of improvements which have been achieved at the facility.
Enclosed is a memo from the operator addressing the inspection/sampling event
on August 20, 2009.
Based on the current assessment of the wastewater treatment facility by all parties
involved, we are actively pursuing a connection to municipal sewer.
At this time, we are consulting with a utilities contractor, who in turn, is
coordinating the project with the East Lincoln Sewer District of Lincoln County. As
soon as the recommendation and cost analysis is completed, we will update your office.
I do hope you will not recommend any enforcement action in this situation since
we will be using our financial resources to pay for the sewer connection.
If I can be of further assistance in this matter, please let me know.
Sincerely,
Edith Beam
Lakewood Care Center
Enclosure
PPPPPP_
DK / METWATER CON-OPS
1000 Woodhurst Drive Monroe, NC 28110
Email: dmetwatergaol.com mobile: 704.506.4255
To: Central Files, DWQ
From: Dusty Metreyeon, Metwater Inc. (sub -contract ORC)
Subject: Supplement to August 2009 Effluent Monitoring Report for NPDES #
NC0072621; Lakewood Care Effluent Non -Compliance
Date: 9-14-09
It is believed that the non -compliant fecal sample taken on August 20, 2009 was an indirect
result of our efforts to demand more efficiency from the plant. Historically, I realize that this
facility has had some problems. However, prior to that day, the plant had been performing
satisfactory and since that time has shown signs of consistent operations and repeatable results.
In retrospect the combination pumping of the chlorine contact chamber and the operation of both
effluent pumps on hand (to provide grab sample) may have lead to dislodging some stubborn
sludge from the tank floor. This stubborn sludge was then unintentionally discharged. I have seen
the automatic discharge from beginning to end and do not believe this isolated event to be
indicative of automated daily discharges. We now routinely use a Sludge -Judge to check for
sludge accumulation in this tank and react accordingly.
We have recently;
1. Repaired/replace RAS piping...
2. Rewired effluent floats...
3. Baffled the clarifier surface...
4. Installed a liquid de -chlorination tank...
5. And are giving the plant a lot of extra attention....
The plant does not have a scum trough or a digester making the solids handling part of the
operation very difficult to control. We do our best to manually removed scum from the clarifier
surface and have recently negotiated with a local sludge hauler for scheduled "pump-n-haul"
wasting.
Thank you for your patience and guidance with regards to this matter and believe that we will
continue to operate this facility to the best of our abilities.
CC: Water Tech Labs (via email)
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 6, 2009
EDITH ELLEN BEAM
FA BE ENTERPRISES INC
PO BOX 177
DENVER NC 28037
SUBJECT: Payment Acknowledgment NOV — 9
Civil Penalty Assessment
Fa -Be Enterprises
Pen -nit Number: NCO072621
Case Number: LV-2009-0185
Lincoln County
Dear Ms. Beam:
This letter is to acknowledge receipt of check number 8902 in the amount of $985.30 received from you dated
October 23, 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 Pen -nits.
If you have any questions, please call Robert L Sledge at 919-807-6398.
cc: Central Files
D lle ReI.ional &(—; Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 919-807-63001 FAX: 919.807-64921 Customer Service: 1-877-623-6748 North Carolina
Internet: www.ncwaterquality.org �aturallr�
An Equal Opportunity 1 Affirmative Action Employer
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 12, 2009
CERTIFIED MAIL 7007 0710 0000 5376 5798
RETURN RECEIPT REQUESTED OCT 15.
Ms. Edith Beam
Lakewood Care Center
P. O. Box 177
Denver, NC 28037
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO072621
FA -BE Enterprises — Lakewood Care Center WWTP
Lincoln County
Case Number LV-2009-0185
Dear Ms. Beam:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Quality considered the information you submitted in support of your request fox
remission and remitted $500.00 of the $1,485.30 civil penalty assessment. The revised civil penalty is
therefore a total amount of $985.30, which includes $85.30 in investigative costs. A copy of the
Director's decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this
letter to the attention of:
Bob Sledge
NC DENR-DWQ — Point Source Branch
NPDES West Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
K'
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 1
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: 919-807-6300 \ FAX: 919-801-6492 \ Customer Service: 1.877.623.6748
Internet: www.ncwaterquality.org A7111MAY
An Equal Opportunity \ Affirmative Action Employer
FA -BE Enterprises
Case No. LV-2009-0185
Page 2 of 2
You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final
agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter.
Send the completed form to:
Bob Sledge
NC DENR-DWQ — Point Source Branch
NPDES West Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentation (if
you make the request). If the Chairman determines that there is a compelling reason to require a
presentation, you will be notified of when and where you should appear. If a presentation is not
required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty amount and offer no remission, they may agree with the DWQ Director's
remission recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Bob Sledge at
(919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov.
Sincerely,
'wt
_ Tom Belnick, Supervisor
NPDES West Unit
Attachments
cc:
Enforcement File
DWQ Central Files
DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: LV-2009-0185. Region: Mooresville County: Lincoln
Assessed Entity: FA -BE Enterprises — Lakewood Care Center WWTP Permit: NCO072621
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
The WWTP recovered in about three weeks. No environmental harm was documented.
Pumping of the WWTP occurred in January 2009. BOD and TSS noncompliance persisted throughout the
month of February and into part of March 2009. No additional activities toward augmenting the health
and performance of the biomass were described.
® (c) Whether the violation was inadvertent or a result of an accident:
In January 2009, the facility conducted a routine, bi-monthly removal of activated sludge from the
WWTP. Cold temperatures prevented the system's bacteria to regrow as quickly as usual, leading to
decreased BOD and TSS removal from the system.
Adequate process control likely could have kept this episode from occurring. At its core, this relates to
an operational decision to remove a large amount of activated sludge during a time when cold weather is
expected.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
The facility has had only one prior assessment, which was paid in full.
® (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
Routine operational costs for this facility are approximately $2,000 per month. Since the violations
occurred, the facility has increased operations oversight, which as incurred additional cost. The facility is
still experiencing the effects of the actions of an unscrupulous operator, who scammed the facility and did
not install proper equipment. This is a small, assisted living/elderly care facility. Current economic
pressures will keep the facility from making necessary WWTP improvements.
While I am sympathetic to economic circumstances, it has not been made clear how payment of the
penalty will keep necessary remedial actions from being made (most have been made already).
DECISION (Check One)
Request Denied ❑
Full Remission ❑l Retain Enforcement Costs? Yes ElNo ❑
Partial Remission rp- $ .5 O v (Enter Amount)
re
Coleen H. Sullins Date
Rev. 7/2007
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF LINCOLN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
FA -BE ENTERPRISES
DWQ Case Number LV-2009-0185
REQUEST FOR ORAL PRESENTATION
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 and/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 (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Civil Penalty Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the
State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If
you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days
of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a comoration, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( )
4-�
Mooresville Regional Office
Division of Water Quality
MEMORANDUM:
FROM: Rob Krebs
TO: Bob Sledge
THROUGH: Marcia Allocco�Y
I
SUBJECT: Request for Remission
FA -BE Enterprises, dba Lakewood Care
NPDES Permit No. NCO072621
Case No.LV-2009-0185
Lincoln County
MRO staff has reviewed the subject request for remission. The remission request states
that the violations occurred because "a large amount of activated sludge was removed from our
treatment plant." Failure to use adequate process control as a basis for sludge wasting is an
operational error and is not inadvertant or an accident as suggested by the permittee. The
remission request also stated the WWTP took three weeks to return to compliance because of
the excessive removal of activated sludge. The operator did not attempt to reseed the aeration
basin or take other measures to restore the biomass in a timely manner. It is recommended
that the full civil penalty be assessed.
,..
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NCDENR Ry - w
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 14, 2009
Ms. Edith Beam
Lakewood Care Center
P. O. Box 177
Denver, NC 28037
Subject: Remission Request of Civil Penalty Assessment
FA -BE Enterprises, Inc. (Lakewood Care) WWTP
NPDES Permit NCO072621
Case Number LV-2009-0185
Lincoln County
Dear Ms. Beam:
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at (919) 807-6398 or via e-mail at
Bob.Sledge@ncdenr.gov.
Sincerely,
-<(r/- � /-4
Bob Sledge, Environmental Specialist
Point Source Branch
cc: Enforcement File w/originals
Central Files w/attachments
ec: Mooresville Regional Office w/attachments
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina
Phone: 919-807-63001 FAX: 919-807-64921Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org �iltura`il%
An Equal Opportunity1 Affirmative Action Employer v
06/09/2009 08:49 FAX 7044833953 ASHEVILLE EAST G I r;h008/
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STIPULATION OF FACTS
r NO. NCO072621
FILE NO, LV-2009-0185;
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iaving been assessed civil penalties total
14Xit. of the Division of Water Quality 3'4 for violation,(s), as set forth in the assessi
Q 'dated ' the undersigned, desiring to seek remiss
Penalties, does hereby waive the right to � � strative hearing in the above -stated matter aj
that the facts are as alleged in the assessment docum
presented in support of remission of this civil e, The undersigned further understands
of Water Quality within 30 days of receipt of t � of assessust be meen e No newto the 'eev dense in irector of t the
on request will be allowed after 30 days from the receipt of the napce'of assessment.
the U day of
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JUSTMCA.TION FOR REMISSION - MISSION RiOUEST
DWQ Case Number: LV-2009-0185
"esse Party: FA -BE Enterprises, Inc, l
County Lincoln
hermit umber: NCO072621
Amoun Assessed: $1485.30 1
Please u e this form when requesting remission of this civil penalty. You mug
Remissi Waiver of Right ton. Administrative Hearin and Sti ulati, n o
Of this c vil penalty. You should attach any documents that you believe suppc
for the irector to consider in evaluating your request for remission! Pl(
remissio is Limited to consideration of the five factors listed below as they m
the amo int of the civil penalty assessed. Requesting remission is not the
whcther the violation(s) occurred or the accuracy of any of the factual stateM
assessor(nt document. Pursuant to N.C.G.S. § 143B-282.1(c), remission{of a
when o or more of the following five factors applies. Please check taeh :
your c and provide a detailed explanation, including copies of suppgrting
applies (ttach additional pages as needed);
O one or more of the civilpenal-ty assessment factors in N. C .G.S
a ' lied the detriment of the petitioner (the assessment factors are ' istec
the violatoryromptly abated continuing environmental da"e
plain jle'
steps that you took to correct the violation and preventfuture pc'''
or something you could not p;event or prepare for);
payment of the civil penaltywill prevent 12Ument for th
how payment of the civil''penalty will prevent you from
liance).
ION: (use additional page i s necessary)
Z 009/012
also complete the "Request For
acts" form to request remission
t your request and are necessary
se be aware that a request for
i relate to the reasonableness of
roper procedure for contesting
is contained in the civil penalty
viI penalty may be granted only
ctor that you believe applies to
ocuments, as to why the factor
1143B-2_ 82.1(b) were wrougHlX
in the civil penalty assessment
ion (i. e.,
13
e,, I explain why the violation was
the activities necessary to
Lakewood Care Center
P.O. Box 177
Denver, NC 28037
July 10, 2009 RECEIVED
Point Source Compliance/Enforcement Unit DENR -WATER
Division of Water Quality QUALITY
1617 Mail Service Center POINT SOURCE BRANCH
Raleigh, NC 27699-1617
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. NCO072621
Lakewood Care WWTP
Lincoln County
Case No. LV-2009-0185
To Whom It May Concern:
Please accept this letter as a request for remission of the subject notice of
violation and assessment of civil penalty.
In late January 2009, a large amount of activated sludge was removed from our
treatment plant. This is a normal procedure which is scheduled bi-monthly. The
temperature at this time was extremely cold, and prevented the normal balance of
bacterial growth to occur as quickly as usual. The slowed process resulted in poor BOD
& TSS removal. However, within about three weeks the plant managed to recover. Our
technical advisors believe no environmental harm could be documented.
The monthly cost of operation for the treatment plant is approximately $2,000.00.
This includes operational services, utilities, sludge hauling, chemicals, and laboratory
testing. Since the violations occurred, we have made operational staff changes which
include the employment of an additional wastewater treatment operator. Improvements
are quite evident. During this time additional equipment has also been installed to
address problems associated with a former operator. The cost of these changes amounted
to approximately $1,000.00.
In 2007, the former operator, David Abernathy, scammed us for $4,356.52 (check
copies enclosed). The work was never performed and legal action against Mr. Abernathy
has been pursued by the NC Division of Water Quality.
We are an assisted living/elderly care facility with 60 residents and have a limited
knowledge of wastewater treatment facility operation. Like many other small businesses,
the current economic pressures are taking its toll. Payment of these civil penalties will
further strap us financially to continue remedial actions necessary for permit compliance.
I hope you will consider our remediation request favorable, and look forward to
hearing from you soon.
Sincerely,
6A'fd--
Edith Beam
Enclosures
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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7007 1490 0004 4509 6192
Mrs. Edith Beam
Fa -Be Enterprises, Inc
d/b/a Lakewood Care
P.0 Box 177
Denver, NC 28037
Dear Mrs. Beam:
Division of Water Quality
Coleen H. Sullins
Directcr
October 26, 2009
Dee Freeman
Secretary
Subject: NOTICE OF VIOLATION/NOTICE OF
RECOMMENDATION FOR ENFORCEMENT
Compliance Sampling Inspection
Lakewood Care Center WWTP
NPDES Permit NCO072621
NOV-2009-PC-0860
Lincoln County, North Carolina
Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted at the
subject facility on August 20, 2009, by Ms. Donna Hood and Ms. Marcia Allocco of this Office. Please inform the
facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report.
This compliance sampling inspection was performed as a follow-up response to assess the progress made at the
facility after two previous sampling inspections showed non-compliance with the permit. This sampling inspection
showed a daily maximum violation for total suspended solids as well as another fecal coliform violation. The
facility has made improvements with dechlorination, however total residual chlorine compliance was not
determined on the day of the inspection. The facility has no sludge holding tank for solids removal as well as
inadequate chlorination for disinfection. Municipal sewer is available through the East Lincoln Sewer District of
Lincoln County. This Office strongly recommends investigating a connection to municipal sewer. In the event that
the connection cannot be achieved, the facility needs a professional engineer to assess the facility and determine the
modifications necessary for the facility to achieve compliance with the NPDES permit.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-16991 Fax: (704) 663-6040 V Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
Nne
orthCarolina
Naturtrlly
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled110% Post Consumer paper
Mrs. Edith Beam
Page Two
NOV-2009-PC-0860
This report is being issued as a Notice of Violation (NOV) because of the violations of the subject NPDES
permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Laboratory, Secondary Clarifier,
Disinfection, Dechlorination, Effluent Sampling, and Effluent Pipe Sections of the attached report. Pursuant to
G.S. 143-215.6A, a civil penalty of not more than twenty five -thousand dollars ($25,000.00) per violation per day
may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1.
It is requested that a written response be submitted to this Office by November 13, 2009, addressing the
above -noted violations in the attached report. In responding, please address your comments to the attention of Ms.
Marcia Allocco.
This purpose of this letter is also to notify you that this Office is considering sending a Recommendation for
Enforcement to the Director of the Division for the violations of G.S. 143.215.1, and the NPDES Permit No.
NC0072621. If you have an explanation for the violation that you wish to present, please include it in the
requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate,
your explanation will be forwarded to the Director, along with the enforcement package for her consideration.
This report should be self-explanatory; however, should you have any questions concerning the report, please
do not hesitate to contact Ms. Hood or me at (704) 663-1699.
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection Section
Enclosure
DH
V,
United States Environmentai Prctection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 151 31 NCO072621 111 121 09/08/20 117 1815I 191SI 201 1
Remarks
2111111111 11111111 I I 1111111111 11111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA ------------- ------------ Reserved --------- —------- ---
67 I 169 70 11 I 711 I 721 N 1 73 I I 174 751 I I I ( I I 180
W
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)
01:10 PM 09/08/20
05/05/01
Fa -Be Enterprises
Exit Time/Date
Permit Expiration Date
7981m E Lincoln optimist
Denver NC 28037
02:45 PM 09/08/20
10/02/28
Name(s) of Onsite Rep resentative(s)/'T'itles(s)/Phone and Fax Number(s)
Other Facility Data
Douglas Hill Lee/ORC/828-396-4444/
Dustin Kyle Metreyecn/ORC/704-788-9497/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Edith Ellen Beam,PO Box 177 Denver NC 28037//704-483-7000/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signatur of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Donna Hood � r� MRO WQ//704-663-1699 Ext.2193/
1 1 d
Mr 'a A110 co MRO WQ//70ii4�n-,663-16_a.9 Ext.2204/
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page # 1
NPDES yr/mo/day Inspection Type
3I N00072621 1
11 121 09/08/20 117 18IS1
C
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
The Lakewood Care facility has demonstrated permit non-compliance in the last three sampling
inspections.* While different operators and methods have been tried at the wastewater treatment plant
(wwtp), sampling results have not been compliant with the NPDES permit effluent limits. The facility should
investigate connection to the available municipal sewer line in addition to retaining a professional engineer
to assess the wwtp for the recommendation of modifications that bring the plant back into compliance with
the applicable NPDES permit.
Page # 2
F.
Permit: NCO072621 Owner -Facility: Fa -Be Enterprises
Inspection Date: 08/20/2009 Inspection Type: Compliance Sampling
Permit
Yes
No
NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
■
n
n
n
Is the facility as described in the permit?
■
n
n
n
# Are there any special conditions for the permit?
n
■
n
n
Is access to the plant site restricted to the general public?
■
n
n
n
Is the inspector granted access to all areas for inspection?
■
n
n
n
Comment: The permit application was received on 08.20.2009.
Operations & Maintenance
Yes
No
NA
NE
Is the plant generally clean with acceptable housekeeping?
■
n
n
n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge
■
n
n
n
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
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
■
n
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
n
Is the backup operator certified at one grade less or greater than the facility classification?
n
n
■
o
Is a copy of the current NPDES permit available on site?
■
n
n
n
Page # 3
11
Permit: NCO072621 Owner -Facility: Fa -Be Enterprises
Inspection Date: 08/20/2009 Inspection Type: Compliance Sampling
Record Keeping
Yes No NA NE
Facility has copy of previous year's Annual Report on file for reviews
n n ■ n
Comment: No ORC designation form has been submitted to reflect that Dustin
Metreyeon is the new ORC.
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
Incubator (BOD) set to 20.0 degrees Celsius +/-1.0 degrees?
n n ■ n
Comment: Currently, Dustin Metreyeon is analyzing effluent samples. He was unclear
on how to run the chlorine meter at the time of the inspection. Water Tech Labs, #50,
performs all necessary laboratory analyses as well as sample collection by Douglas Lee.
Bar Screens
Yes No NA NE
Type of bar screen
a.Manual
■
b. Mechanical
n
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
■
n
n
n
Is disposal of screening in compliance?
■
n
n
n
Is the unit in good condition?
■
n
n
n
Comment:
Pumps-RAS-WAS
Yes
No
NA
NE
Are pumps in place?
■
n
n
n
Are pumps operational?
■
n
n
n
Are there adequate spare parts and supplies on site?
n
n
n
In
Comment: RAS was spraying over the side of the plant at the time of the inspection.
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n
n
n
Page # 4
Permit: NCO072621
Inspection Date: 08/20/2009
Owner -Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Aeration Basins
Yes
No
NA
Nt
Are surface aerators and mixers operational?
n
■
n
Are the diffusers operational?
■
n
n
n
Is the foam the proper color for the treatment process?
■
❑
n
n
Does the foam cover less than 25% of the basin's surface?
■
n
n
n
Is the DO level acceptable?
n
n
n
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
n
n
n
■
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
n
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
n
❑
■
n
Are weirs level?
■
n
n
n
Is the site free of weir blockage?
■
n
n
n
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
n
■
n
n
Is the site free of excessive floating sludge?
n
■
n
n
Is the drive unit operational?
n
❑
■
n
Is the return rate acceptable (low turbulence)?
■
n
n
n
Is the overflow clear of excessive solids/pin floc?
n
■
n
n
Is the sludge blanket level acceptable? (Approximately''% of the sidewall depth)
n
n
n
■
Comment: Secondary clarifier had floating sludge on the day of the inspection.
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
n
■
n
n
Are the tablets the proper size and type?
■
n
In
n
Number of tubes in use?
Is the level of chlorine residual acceptable?
❑
n
n
■
Is the contact chamber free of growth, or sludge buildup?
n
■
n
n
Is there chlorine residual prior to de -chlorination?
n
n
n
■
Page # 5
F.
Permit: NC0072621
Inspection Date: 08/20/2009
Owner -Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Disinfection -Tablet
Comment: The tablet chlorinator was not being used at the time of the inspection.
Chlorine tablets were placed in the trough prior to the tablet chlorinator. Disinfection
was inadequate on the day of the inspection, as evidenced by the results of the effluent
fecal coliform sample. Fecal coliform samples collected on the last three inspections
have shown effluent fecal counts in violation of NPDES permit limits.
De -chlorination
Yes
No
NA
NE
Type of system ?
Liquid
Is the feed ratio proportional to chlorine amount (1 to 1)?
n
n
n
■
Is storage appropriate for cylinders?
rl
❑
■
n
# Is de -chlorination substance stored away from chlorine containers?
Is
n
n
n
Comment:
Are the tablets the proper size and type?
n
n
■
n
Are tablet de -chlorinators operational?
n
n
■
n
Number of tubes in use?
Comment: Dechlorination has been upgraded to liquid bisulfite. No Authorization to
construct (ATC) was issued for the upgrade.
Pump Station - Effluent
Yes
No
NA
NE
Is the pump wet well free of bypass lines or structures?
■
n
n
In
Are all pumps present?
■
n
n
n
Are all pumps operable?
■
n
n
n
Are float controls operable?
■
n
n
n
Is SCADA telemetry available and operational?
■
n
n
In
Is audible and visual alarm available and operational?
■
n
n
n
Comment: The effluent pump tank contained a layer of solids on the day of the
inspection.
Flow Measurement - Effluent
Yes
No
NA
NE
# Is flow meter used for reporting?
n
In
■
o
Is flow meter calibrated annually?
n
n
■
o
Is the flow meter operational?
n
❑
■
n
(If units are separated) Does the chart recorder match the flow meter?
n
n
■
❑
Comment: Flow is measured by effluent pump run time.
Effluent Sampling
Yes
No
NA
NE
Page # 6
Ft.
Permit: NCO072621
Inspection Date: 08/20/2009
Effluent Sampling
Is composite sampling flow proportional?
Is sample collected below all treatment units?
Is proper volume collected?
Is the tubing clean?
Owner - Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
# 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 samples collected on the day of the inspection exceeded TSS and
fecal coliform NPDES permit limits. Please refer to the sample results page of the
report.
Effluent Pipe
Is right of way to the outfall properly maintained?
Are the receiving water free of foam other than trace amounts and other debris?
If effluent (diffuser pipes are required) are they operating properly?
Comment: On the day of the inspection, the solids accumulation in the bottom of the
effluent pump tank was discharged to the receiving stream. The effluent discharged
initially looked like 'chocolate milk.' Please be advised that the solids accumulation
should not be discharged to the creek. Pumping from the tank should be adjusted so
that no solids are discharged to the stream. The effluent pump tank should be cleaned
out on a regular basis to prevent this, daily if necessary.
❑ ❑ ■ ❑
■ n ❑ ❑
Page # 7
r, -
ANALYTICAL RESULTS SHEET
NAME OF FACILITY: Fa -Be Enterprises, Inc WWTP
Sample Date(s): 8/20/2009
Grab: X Composite:
NPDES Permit No. NCO072621
Sample Location: Effluent
County: Lincoln
BOD5, mg/1
7.9
Phenols, ug/l
COD: High, mg/l
Sulfate, mg/1
COD: Low, mg/1
Sulfide, mg/l
Coliform: Fecal, #/100 ml
41001Grab> 1''
Biomass: Dry Weight
Coliform: Total, #/100 ml
Biomass: Peri Ash Free
Coliform: Tube Fecal, MPN
N113-N, mg/l
0.41
Coliform: Tube Total, MPN
TKN, mg/1
%.
Residue: Total, mg/l
NO, + NO3, mg/l
16
Volatile, mg/1
PO4, mg/1
Fixed, mg/l
P: Total, mg/l
4,4
Residue: Suspended, mg/1
622
P: Dissolved, mg/1
Volatile, mg/1
Ag-Silver, ug/l
Fixed, mg/l
Al -Aluminum, ug/1
Settleable Solids, mUl
Be -Beryllium, ug/l
PH, S.U.
6.93
Ca -Calcium, ug/1
TOC, mg/1
Cd-Cadmium, ug/l
Turbidity, NTU
Co -Cobalt, ug/l
Chloride, mg/1
Cr-Chromium: Total, ug/l
Oil and Grease, mg/1
Cu-Copper, ug/l
Cyanide, ug/l
Fe -Iron, mg/1
Fluoride, mg/I
Pb-Lead, ug/l
Hardness: Total, mg/1
Hg-Mercury, ug/l
MBAS, ug/l
Ni-Nickel, ug/l
Conductivity, umhos/cm
Semivolatiles
Dissolved Oxygen, mg/l
VOC
Temperature, °C
26.80
Alkalinity, mg/L
Chlorine, ug/L
1 Did not meet hold time requirements
` Denotes a violation of a permit limitation.
(Grab) Denotes that sample was collected by grab method.
Sample Results
For
Last Three Inspections
I n rn* r
*denotes a permit limit violation
Fa -Be Enterprises, LLC - NC0072621
Violations at Outfall 001 - Effluent
DMR
Violation
Date
Parameter
Frequency
Unit of Measure
Permit Limit
Calculated Value
Violation Type
8-06
08/16/06
Solids, Total Suspended
Weekly
mg/I
45.
53.3
Daily Maximum Exceeded
12/05/06
Chlorine, Total Residual
2 X week
ug/I
28.
1,070,
Daily Maximum Exceeded
12/06/06
Chlorine, Total Residual
2 X week
ug/I
28.
780.
Daily Maximum Exceeded
12/11/06
Chlorine, Total Residual
2 X week
ug/I
28.
310.
Daily Maximum Exceeded
12/13/06
Chlorine, Total Residual
2 X week
ug/I
28.
740.
Daily Maximum Exceeded
12-06
12/14/06
Chlorine, Total Residual
2 X week
ug/I
28
480.
Daily Maximum Exceeded
12/20/06
Chlorine, Total Residual
2 X week
ug/I
28.
1,250.
Daily Maximum Exceeded
12/22/06
Chlorine, Total Residual
2 X week
ug/l
28,
1,570,
Daily Maximum Exceeded
12/28/06
Chlorine, Total Residual
2 X week
ug/I
28.
220.
Daily Maximum Exceeded
12/29/06
Chlorine, Total Residual
2 X week
ug/I
28.
490.
Daily Maximum Exceeded
06/28/07
3-08
03/31/08
Solids, Total Suspended
Weekly
mg/I
30
31.08
Monthly Average Exceeded
8-08
08/27/08
Coliform, Fecal
Weekly
#/100ml
400.
540.
Daily Maximum Exceeded
02/03/09
02/03/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
155.
Daily Maximum Exceeded
02/03/09
Chlorine, Total Residual
2 X week
ug/I
28
71.
Daily Maximum Exceeded
02/03/09
Coliform, Fecal
Weekly
#/100ml
400.
3,800.
Daily Maximum Exceeded
02/03/09
Solids, Total Suspended
Weekly
mg/l
45.
90,
Daily Maximum Exceeded
02/12/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
68.
Daily Maximum Exceeded
2-09
02/12/09
Solids, Total Suspended
Weekly
mg/l
45.
82.
Daily Maximum Exceeded
02/19109
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
59.
Daily Maximum Exceeded
02/19/09
Solids, Total Suspended
Weekly
mg/l
45.
82.
Daily Maximum Exceeded
02/27/09
Solids, Total Suspended
Weekly
mg/l
45.
90.
Daily Maximum Exceeded
02/28/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
30.
79.5
Monthly Average Exceeded
02/28/09
Solids, Total Suspended
Weekly
mg/I
30
86.
Monthly Average Exceeded
03/11/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45,
58
Daily Maximum Exceeded
3-09
03/31/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/l
30.
44.
Monthly Average Exceeded
03/31/09
Solids, Total Suspended
Weekly
mg/I
30.
132.93
Monthly Average Exceeded
4-09
04/30/09
1 BOD, 5-Day (20 Deg. C)
Weekly
mg/I
30.
35.5
Monthly Average Exceeded
A" �' C' �
CDENR
N
North Carolina Department of Environment and Natural Resources
Division of water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 5, 2009
CERTIFIED MAIL 70071490 0004 4510 1384
RETURN RECEIPT REQUESTED
Ms. Edith Beam .
FA -BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
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. NCO072621
Lakewood Care WWTP
Lincoln County _
Case No. LV-2009-0185
Dear Ms. Beam:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1485.30
($1400.00 civil penalty + $85.30 enforcement costs) against FA -BE Enterprises, Inc.
- This assessment is based upon the following facts: A review has been conducted of the self -monitoring
data reported for February 2009. This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0072621. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that FA -BE Enterprises, Inc. violated the
terms, conditions, or requirements of NPDES Permit No. NCO072621 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in
accordance with the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against FA -BE Enterprises, Inc.:
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 N rthCarolina
Internet: www.newaterquality.org-vatu'rali'm
An Equal Opportunity \ Affirmative Action Employer — 500,u Recycled!10%Post Consumer paper
.11
$ 300.00 For _3_ of the three (3) violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO072621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for BOD.
$ 100.00 For _1_ of the one (1) violation of G.S. 143 -215. 1 (a)(6) and
NPDES Permit No. NCO072621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total residual chlorine.
100.00 For _1_ of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Permit No. NCO072621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for fecal coliform.
$ 400.00 For _4_ of the four (4) violations of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO072621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
$ 250.00 For _1_ of the one (1) violation of G.S. 143 -215. 1 (a)(6) and
NPDES Permit No. NC0072621, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
$ 250.00 For _1_ of the one (1) violation of G.S. 143 -215. 1 (a)(6) and
NPDES Permit No. NC0072621, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
$ 1400.00
$ 85.30
TOTAL CIVIL PENALTY
Enforcement costs.
$ 1485.30 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 Cominission 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
No
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. 14313-282.1(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
1'
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
implying 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)
ATTACHMENTS
---- 1/ 5 /Z---
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
jl
0ntfall
001
001
001
001
001
001
001
001
001
001
001
MOP
2/3/09
2/ 12/09
2/ 19/09
2/2009
2/3/09
2/3/09
2/3/09
2/12/09
2/19/09
2/27/09
2/2009
ATTACHMENT A
CASE NO. LV-2009-0185
ParamPtPr
BOD
BOD
BOD
BOD
TRC
Fecal Coliform
TSS
TSS
TSS
TSS
TSS
X Denotes civil penalty assessment
TSS = Total Suspended Solids
TRC = Total Residual Chlorine
RQnnrted VAbu,
* 155 mg/1
* 68 mg/1
* 59 mg/l
* 79.5 mg/l
* 71 ug/1
* 3,800 CFU
* 90 mg/1
* 82 mg/1
* 82 mg/1
* 90 mg/1
* 86.0 mg/1
PnVm;+ T ;m;+
45.0 mg/1
45.0 mg/1
45.0 mg/1
30.0 mg/1
28 ug/1
400 CFU
45.0 mg/1
45.0 mg/1
45.0 mg/1
45.0 mg/1
30.0 mg/1
F
STATE OF NORTH CAROLINA
COUNTY OF LINCOLN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
FA -BE ENTERPRISES, INC.
PERMIT NO. NCO072621
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0185
Having been assessed civil penalties totaling $1485.30 for violation(s) as set forth in the assessment
document.of the Division of Water Quality dated June 5, 2009, 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 , 2009
BY
ADDRESS
TELEPHONE
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0185
Assessed Party:
FA -BE Enterprises, Inc.
County:
Lincoln
Permit Number:
NCO072621
Amount Assessed:
$1485.30
-il
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment
document);
_ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION: (use additional pages as necessary)
Violator:
Facility:
County:
Case Number:
Permit Number:
NORTH CAROLINA DIVISION OF WATER QUALITY
FA -BE Enterprises, Inc.
Lakewood Care WWTP
Lincoln
LV-2009-0185
NCO072621
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the.State, to the public health, or to
private property resulting from the violation;
No harm has been documented. BOD, and total suspended solids discharged in the amounts reported by
the facility would be expected to have an advese impact on aquatic' life by lowering dissolved oxygen,
and increasing turbidity. Fecal coliform daily maximum discharge limit violations would indicate a
potential threat to human health. Total residual chlorine above the water quality standard would cause
toxic impacts to the receiving stream.
2) The duration and gravity of the violation;
The violations were consistent throughout the month of February 2009.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects are expected on air quality or groundwater. Surface waters would be expected to be impacted
as a result of the discharge. BOD and total suspended solids in excess of permit limits (165% over BOD
monthly limit and 186% over total suspended monthly limit) would lower dissolved oxygen
concentration in the receiving stream and increase turbidity causing stress to aquatic life. Fecal
coliform (850% over daily maximum permit limit) would be expected to cause human health concerns
downstream of the facility. Total residual chlorine concentration of 71 ug/1 is 150% over daily permit
limit (42% above the 50 ug/l test confidence level) would be predicted to have toxic impacts on aquatic
life.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Money may have been saved by failing to properly maintain the facility.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
No civil penalties have been assessed against FA -BE Enterprises in the previous 12 months.
8) The cost to the State of the enforcement procedures.
Date
Staff preparation of enforcement package: 1 hour at $32.21/hour
SWP Regional Supervisor review: 1 hour at $38.09/hour
Clerical Support: 1 hour at $15.00/hour
Total: $85.30
I---x /5 K-1
RO Supervisor
Division of Water Quality
MONITORING REPORT(AIR) VIOLATIONS for:
Permit: % MRs Between: 2-2009 and 2-2009 Region: Mooresville
Facility Name: % Param Name: % County: %
Major Minor:
PERMIT: NCO072621 FACILITY: Fa Be Enterprises Inc - Fa -Be Enterprises
Report Date: 06/04/09 Page: 13 of 19
Violation Category: Limit Violation Program Category: NPDES WW
Subbasin: /,. Violation Action: %
COUNTY: Lincoln
REGION: Mooresville
Limit Violation
L I/ " Zb(7Gj
0) �
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT
PPI
LOC4TION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT
VALUE
VIOLATION TYPE
VIOLATION ACTION
%i7D • PP
02 -2009
001
Effluent
BOD, 5-Day (20 Deg. C)
02/03/09
Weekly
mg/I
45
1551��
Daily Maximum Exceeded
None
SI V�p
)bb• PP
02 -2009
001
Effluent
BOD, 5-Day (20 Deg. C)
02/12/09
Weekly
mg/I
45
68
Daily Maximum Exceeded
None
02 -2009
001
Effluent
BOD, 5-Day (20 Deg. C)
02/19/09
Weekly
mg/I
45
59 31'/p
Daily Maximum Exceeded
None
�I PP-PD
02 -2009
001
Effluent
BOD, 5-Day (20 Deg. C)
02/28/09
Weekly
mg/I
30
79.51�95��
Monthly Average Exceeded
None
02 -PD
154f �D
-/ I PP, PV
02 -2009
001
Effluent
Chlorine, Total Residual
02/03/09
2 X week
ug/I
28
71
Daily Maximum Exceeded
None
02 -2009
001
Effluent
Chlorine, Total Residual
02/05/09
2 X week
ug/I
28
32
Daily Maximum Exceeded
None
02 -2009
001
Effluent
Chlorine, Total Residual
02/19/09
2 X week
ug/I
28
29
Daily Maximum Exceeded
None
02 -2009
001
Effluent
Coliform, Fecal MF, M-FC
02/03/09
Weekly
#/100ml
400
3,800 �50t
Daily Maximum Exceeded
None �JDo OD
Broth,44.5C
n
/fib Jp
None
02 -2009
001
Effluent
Solids, Total Suspended
02/03/09
Weekly
mg/I
45
90
Daily Maximum Exceeded
02 -2009
001
Effluent
Solids, Total Suspended
02/12/09
Weekly
mg/I
45
82 $L7!b
Daily Maximum Exceeded
/
None $ DiI•�D
02 -2009
001
Effluent
Solids, Total Suspended
02/19/09
Weekly
mg/I
45
82 .9�L�p
Daily Maximum Exceeded
None �JOb dD
02 -2009
001
Effluent
Solids, Total Suspended
02/27/09
Weekly
mg/I
45
90 DP7p
Daily Maximum Exceeded
None
02 -2009
001
Effluent
Solids, Total Suspended
02/28/09
Weekly
mg/I
30
86 $6�
Monthly Average Exceeded
None
GvsfS
8y
1'wIsD
Fa -Be Enterprises, LLC - NC0072621
Violations at Outfall 001 - Effluent
DMR
Violation
Date
Parameter
Frequency
Unit of Measure
Permit Limit
Calculated Value
Violation Type
Violation Action
Case Number
Total
Penalties
Total
Paid
Balance
Due
Case
Closed
8-06
08/16/06
Solids, Total Suspended
Weekly
mg/1
45.
53.3
Daily Maximum Exceeded
Proceed to NOV
NOV-2006-LV-0596
12-06
12/05/06
Chlorine, Total Residual
2 X week
ug/I
28.
1,070.
Daily Maximum Exceeded
Proceed to Enforcement Case
LV-2007-0191
$981.50
$981.50
$.00
05/02/08
12/06/06
Chlorine, Total Residual
2 X week
ug/I
28.
780.
Daily Maximum Exceeded
12/11/06
Chlorine, Total Residual
2 X week
ug/I
28.
310.
Daily Maximum Exceeded
12/13/06
Chlorine, Total Residual
2 X week
ug/I
28.
740.
Daily Maximum Exceeded
12/14/06
Chlorine, Total Residual
2 X week
ug/I
28.
480.
Daily Maximum Exceeded
12/20/06
Chlorine, Total Residual
2 X week
ug/I
28.
1,250.
Daily Maximum Exceeded
12/22/06
Chlorine, Total Residual
2 X week
ug/I
28.
1,570.
Daily Maximum Exceeded
12/28/06
Chlorine, Total Residual
2 X week
ug/I
28.
220.
Daily Maximum Exceeded
12/29/06
Chlorine, Total Residual
2 X week
ug/I
28.
490.
Daily Maximum Exceeded
06/28/07
Violations detected during Inspection
NOV-2007-PC-0545
3-08
03/31/08
Solids, Total Suspended
Weekly
mg/I
30.
31.08
Monthly Average Exceeded
Proceed to NOV
NOV-2008-LV-0302
8-08
08/27/08
Coliform, Fecal
Weekly
#/100ml
400.
540.
Daily Maximum Exceeded
Proceed to NOV
NOV-2008-LV-0584
02/03/09
Violations detected during Inspection
NOV-2009-PC-0338
2-09
02/03/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
155.
Daily Maximum Exceeded
Proceed to Enforcement Case
LV-2009-0185
$1,485.30
$1,485.30
02/03/09
Chlorine, Total Residual
2 X week
ug/I
28.
71.
Daily Maximum Exceeded
02/03/09
Colifonn, Fecal
Weekly
#/100ml
400.
3,800.
Daily Maximum Exceeded
02/03/09
Solids, Total Suspended
Weekly
mg/I
45.
90.
Daily Maximum Exceeded
02/12/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
68.
Daily Maximum Exceeded
02/12/09
Solids, Total Suspended
Weekly
mg/I
45.
82.
Daily Maximum Exceeded
02/19/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
59.
Daily Maximum Exceeded
02/19/09
Solids, Total Suspended
Weekly
mg/I
45.
82.
Daily Maximum Exceeded
02/27/09
Solids, Total Suspended
Weekly
mg/1
45.
90.
Daily Maximum Exceeded
02/28/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
30.
79.5
Monthly Average Exceeded
02/28/09
Solids, Total Suspended
Weekly
mg/I
30.
86.
Monthly Average Exceeded
3-09
03/11/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
45.
58.
Daily Maximum Exceeded
Proceed to Enforcement Case
LV-2009-0203
$435.30
$435.30
$.00
08/06/09
03/31/09
BOD, 5-Day (20 Deg. C)
Weekly
mg/I
30.
44.
Monthly Average Exceeded
03/31/09
Solids, Total Suspended
Weekly
mg/I
30.
32.93
Monthly Average Exceeded
4-09
04/30/09
BOD, 5-Day (20 Deg. C)
I Weekly
mg/I
30.
35.5
Monthly Average Exceeded
Proceed to NOV
NOV-2009-LV-0365
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 13, 2009
Ms. Edith E. Beam
Fa Be Enterprises, Inc.
Post Office 177
Denver, North Carolina 28037
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2009-LV-0365
Fa Be Enterprises (Lakewood Care) WWTP
NPDES Permit No. NCO072621
Lincoln County
Dear Ms. Beam:
Dee Freeman
Secretary
A review of the April 2009 self -monitoring report for the subject facility revealed a violation of the following
parameter:
Pipe Parameter
001 BOD
Reported Value
35.5 mg/1(monthly avg.)
Permit Limit
30.0 mg/1(monthly avg.)
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 Mr. 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
Lincoln County Health Dept.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748
Internet: www rimaterquality.org
One
NorthCarolin,
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
LTIFAA
rwrn,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
August 6, 2009
EDITH ELLEN BEAM
FA BE ENTERPRISES INC
PO BOX 177
DENVER NC 28037
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Fa -Be Enterprises
Permit Number: NCO072621
Case Numbers: LV-2009-0203
Lincoln County
Dear Ms. Beam:
This letter is to acknowledge receipt of check number 19440 in the amount of $435.30 received from you dated
07/31/2009 in payment for the civil penalty assessment and case number referenced above; however, The case number
written on your check LV-2009-018, our records indicate this case is currently under review for a remission for the
amount of $1,485.30. Since this case is currently under review, no payment was posted to case LV-2009-018 at this time.
If you feel this payment was posted in error or if you have any questions, please do not hesitate to call Robert L. Sledge at
919-807-6398.
Sincerely,
Jovonah D. Weeden
Cc: Central Files
DWQ Mooresville Regional Of�upervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 One
Phone: 919-607-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarohna
Internet: wuuw.ncwaterquality.org ��rtllratl�
An Equal Opportunity 1 Affirmative Action Employer
,,.._
F.
CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 30, 2009
CERTIFIED MAIL 70071490 0004 4510 2350
RETURN RECEIPT REQUESTED
Ms. Edith Beam
FA -BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
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. NCO072621
Lakewood Care WWTP
Lincoln County
Case No. LV-2009-0203
Dear Ms. Beam:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.30
($350.00 civil penalty + $85.30 enforcement costs) against FA -BE Enterprises, Inc.
This assessment is based upon the following facts: A review has been conducted of the self -monitoring
data reported for March 2009. This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0072621. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that FA -BE Enterpises, Inc. violated the terms,
conditions, or requirements of NPDES Permit No. NCO072621 and North Carolina General Statute (G.S.) 143-
215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance
with the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against FA -BE Enterprises,Inc:
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748
Internet: *ww.ncwaterquality.org
On
e t NhCarolina,
.1vaturally
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper
$
100.00
For _1_ of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NCO072621, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for BOD.
$ 0 For _1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0072621, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for total suspended solids.
$ 250.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0072621, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
$ 350.00
$ 85.30
$ 435.30
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the 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:
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
•A
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. I (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
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) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
jl
ATTACHMENT A
CASE NO. LV-2009-0203
Outfall
Date
Parameter
Reported Value
Permit Limit
001
03/11/09
BOD
* 58 mg/l
45 mg/l
001
03/2009
TSS
32.9 mg/1
30 mg/l
001
03/2009
BOD
* 44 mg/1
30 mg/l
* Denotes civil penalty assessment
STATE OF NORTH CAROLINA
COUNTY OF LINCOLN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
FA -BE ENTERPRISES, INC
PERMIT NO. NCO072621
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2009-0203
Having been assessed civil penalties totaling $ 435.30 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated June 30, 2009, 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
BY
ADDRESS
TELEPHONE
2009
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0203
Assessed Party: FA -BE Enterprises, Inc.
County: Lincoln
Permit Number: NC0072621
Amount Assessed: $435.30
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for
remission is limited to consideration of the five factors listed below.as they may relate to the reasonableness of
the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies of supporting documents, as to why the factor
applies (attach additional pages as needed).
_ (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
EXPLANATION: (use additional pages as necessary)
NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: FA -BE Enterprises,Inc.
Facility: Lakewood Care WWTP
County: Lincoln
Case Number: LV-2009-0203
Permit Number: NCO072621
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
No harm has been documented. BOD, and total suspended solids discharged in the amounts reported by
the facility would be expected to have an advese impact on aquatic life by lowering dissolved oxygen,
and increasing turbidity.
2) The duration and gravity of the violation;
The violations occurred during the months of February and March 2009.
3) The effect on ground or surface water quantity or quality or on air quality;
No adverse effects are expected on ground water or air quality. BOD and total suspended solids limits
violations could be expected to cause in stream impacts due to a lowering of available dissolved oxygen
and an increase in turbidity.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Money may have been saved by failing to properly maintain the facility.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentional.
7)
LI
Date
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Case Number Description
LV-2009-0185 February 2009 violations, assessed $1485.30. Case open.
The cost to the State of the enforcement procedures.
Staff preparation of enforcement package: 1 hour at $32.21/hour
SWP Regional Supervisor review:
Clerical Support:
Total:
1 hour at $38.09/hour
1 hour at $15.00/hour
$85.30
I C.f 6 4---
RO Supervisor
Division of Water Quality
MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 06/29/09
Page: 11 of 19
Permit: %
MRs Between: 3-2009 and 3-2009 Region: Mooresville
Violation Category: Limit Violation Program Category: NPDES WW
Facility Name: %
Param Name: %
County: %
Subbasin: % Violation Action: %
Major Minor: %
PERMIT: NCO072621
FACILITY: Fa Be Enterprises Inc - Fa -Be Enterprises
COUNTY: Lincoln REGION: Mooresville
Limit Violation
�--V� 9'
(�zb3
MONITORING OUTFALL /
VIOLATION
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE
FREQUENCY
MEASURE
LIMIT VALUE VIOLATION TYPE
VIOLAT ON ACTION
6
ZB
l4 o
03 -2009 001 Effluent
BOD, 5-Day (20 Deg. C)
03/11/09
Weekly
mg/I
45 58 Daily Maximum Exceeded
None
'
03 -2009 001 Effluent
BOD, 5-Day (20 Deg. C)
03/31/09
Weekly
mg/I
30 44 Monthly Average Exceeded
Zsv
None
03 -2009 001 Effluent
Chlorine, Total Residual
03/24/09
2 X week
ug/I
28 29 Daily Maximum Exceeded
No Action, BPJ
9 $�
03 -2009 001 Effluent
Solids, Total Suspended
03/31/09
Weekly
mg/I
30 32.93 Monthly Average Exceeded
None
605T5 4- $S. S P =
S13 j, 30
PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville
Limit Violation
MONITORING OUTFALL/
REPORT PPI LOCATION PARAMETER
03 -2009 001 Effluent Nitrogen, Ammonia Total (as
N)
03 -2009 001 Effluent Nitrogen, Ammonia Total (as
N)
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE
03/28/09 3 X week mg/I 9.6 10.07
03/31/09 3 X week mg/I 3.2 5.19
VIOLATION TYPE VIOLATION ACTION
Weekly Average Exceeded None
Monthly Average Exceeded None
n
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 2, 2008
EDITH ELLEN BEAM
FA BE ENTERPRISES INC
PO BOX 177
DENVER NC 28037
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Fa -Be Enterprises
Permit Number: NCO072621
Case Number: LV-2007-0191
Lincoln County
Dear Edith Ellen Beam:
ORR& fl=D
�-`
tIC Y.� AR
i s r►z. ` 11.Vf Protection
This letter is to acknowledge receipt of check number 1094 in the amount of $981.50 received
from you dated April 16, 2008. This payment satisfies in full the above civil assessment levied
against the subject facility, and this case has been closed. Payment of this penalty in no way
precludes future action by this Division for additional violations of the applicable Statutes,
Regulations, or Permits.
If you have any questions, please call Robert L. Sledge at 919-733-5083, Ext. 547.
Sincerely,
Dina Sprinkle
cc: Central Files
Regional Office Supervisor
1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748
NorthCarolina
,Naturally
ROY COOPER
ATTORNEY GENERAL
Ms. Edith Beam, President
Fa -Be Enterprises, Inc.
P.O. Box 177
Denver, N.C. 28037
State of North Carolina REPLY TO: Francis W. Crawley
Department of Justice Environmental Division
9001 Mail Service Center
PO Box 629 Raleigh, N.C. 27699-9001
Raleigh, North Carolina (919) 716-6600
27602 (919) 716-6767
April 3, 2008
CERTIFIED MAIL
RETURN RECEIPT
RE: Assessment of Civil Penalties Against Fa -Be Enterprises, Inc., LV 2007-0191
Dear Ms. Beam:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing a civil penalty and investigative costs as set forth in the decision document.
According to North Carolina General Statutes § 143-215.5 and § 150B-45, you may seek judicial
review of the Commission's decision in the Superior Court by filing a petition within 30 days of
receipt of a written copy of the final agency decision. Otherwise, payment of the civil penalty
assessment and costs must be submitted to the Department of Environment and Natural
Resources within 30 days of receipt of this final agency decision by mailing a check made payable to
the Department of Environment and Natural Resources in an envelope addressed as follows:
Mr. Kevin Bowden
Compliance Oversight Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[Phone (919) 733-5083, ext. 229]
If your company fails to pay the penalty within 30 days of receipt of the final decision
document, the Department will seek to collect the amount due through a civil action commenced
in Superior Court.
Enclosure
cc: Kevin Bowden
Lois Thomas
Very truly yours, {
Irancis W. Crawley
Special Deputy Attorney General I P
Commission Counsel
DWO r
STATE OF NORTH CAROLINA
COUNTY OF LINCOLN
IN THE MATTER OF: )
Assessment of Civil Penalties )
Against )
FA -BE ENTERPRISES, INC, )
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
LV 2007-0191
FINAL DECISION
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. §143-215.6A and §143B-282.1,
on March 13, 2008, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against Fa -Be
Enterprises, Inc. in the amount of $981.50 ($900.00 plus $81.50 investigative costs). Fa -Be
Enterprises, Inc.'s request for remission was presented to the Committee on Civil Penalty
Remissions for consideration. Fa -Be Enterprises, Inc. did not request oral argument; therefore,
its request for remission was presented to the Committee on Civil Penalty Remissions based on
its written submissions and those of the Division of Water Quality.
Having considered the record and the factors set forth in N.C.G.S. §143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's
Findings and Decision and Assessment of Civil Penalties as stipulated by Fa -Be Enterprises, Inc.,
that the Findings of Fact support the Conclusions of Law, and that the Director properly applied
the criteria set forth in N.C.G.S. §143B-282.1 in determining the amount of the civil penalties.
The Committee further finds that there are no grounds shown for remission or reduction of the
penalties assessed by the Director for nine violations of N.C.G.S. § 143-215.1 and NPDES
-2-
Permit No. NCO072621 during December 2006 for discharging waste waster that exceeded the
permit daily maximum effluent limit for total residual chlorine into the waters of the State.
Upon duly made motion and vote, the Committee finds that the assessment of the civil
penalty and costs in the amount of $981.50 ($900.00 civil penalty plus $81.50 investigation
costs) should be upheld.
THEREFORE, IT IS ORDERED:
1. That the assessment of civil penalties and costs in the amount of $981.50 against
Fa -Be Enterprises, Inc. is AFFIRMED.
2. That this Final Decision and Order be served upon Fa -Be Enterprises, Inc. and
upon receipt hereof, the amount of $981.50 be paid to the Department of Environment and
Natural Resources within thirty days as required by law.
This the fday of March, 2008.
J
David H. Moreau, Chairman
Environmental Management Commission
-3-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Ms. Edith Beam, President
Fa -Be Enterprises, Inc.
P.O. Box 177
Denver, N.C. 28037
Mr. Robert Krebs
DWQ Regional Supervisor
610 Center Avenue, Suite 301
Mooresville, N. C. 28115
This the 3rd day of April, 2008.
CERTIFIED MAIL
RETURN RECEIPT
COURIER MAIL
ROY COOPER
Attorney General
Ic (,v' W .
Francis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
9001 Mail Service Center
Raleigh, N.C. 27699-9001
919/716-6600
b0�
Waccon�)
r
:—i
0liii� `�'
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 19, 2008
CERTIFIED MAIL 7002 0510 0000 5461 6195
RETURN RECEIPT REQUESTED
Ms. Edith Beam
FA -BE Enterprises, Inc.
P. O. Box 177
Denver, NC 28037
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
Lakewood Care Center, Inc. WWTP
Case Number LV-2007-0191
NPDES Permit NCO072621
Lincoln County
Dear Ms. Beam:
Coleen H. Sullins, Director
Division of Water Quality
s.
n F:= IV E
F F 5 2 7 2008
NC DENR MRO
DK-Surface Water Prctec#ion
A final agency decision on your request for remission of the subject civil penalty will be made by the
Committee On Civil Penalty Remissions (Committee) of the Environmental Management Commission
(EMC) on Thursday, March 13, 2008.
V No request for oral presentation was made. You may attend this meeting, but you will not be
permitted to speak regarding your case.
The EMC Chairman has considered the written record and determined that no oral presentation
will be made. You may attend this meeting, but you will not be permitted to speak regarding
your case.
The EMC Chairman has considered the written record and determined that an oral presentation is
necessary. Please come prepared to present your remission request at this meeting. You will be
allowed approximately five (5) minutes to speak. Please be advised that the Committee cannot
consider any information other than that submitted in the original remission request. Please note,
the State Bar's recent Opinion regarding the unauthorized practice of law affects your method of
presenting at the Committee.
If you are an individual or business owner and are granted an opportunity to make an oral presentation
before the Committee, then you do not need legal representation before the Committee; however, if you
intend on having another individual speak on your behalf regarding the factual situations, such as an
expert, engineer or consultant, then you must also be present at the meeting in order to avoid
violating the State Bar's Opinion on the unauthorized practice of law. No"rtncarotina
,Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ncwaterqualitv.ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 I-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
Ms. Edith Beam
LV-2007-0191 CCPR Notification
p. 2
If you are a corporation partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's
Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.
Presentation of facts by non -lawyers is permissible.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the
hearing of a case if the Committee is informed that a potential violation of the of the statute regarding
the unauthorized practice of law has occurred.
Time and Location of Meeting
The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly
scheduled business meeting of the Environmental Management Commission. The Committee meeting
will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor
of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed
map).
Other Things to Know About The Meeting
The length of an Environmental Management Commission meeting is determined by its agenda of the
day and the amount of discussion given to each topic — meetings often extend into the early afternoon.
You are advised to arrive for the Committee meeting no later than 11:00 a.m. in order to ensure your
opportunity to listen to consideration of your case in the event that the Committee begins at its appointed
time. If the Commission meeting runs long and you need refreshment or food, Division of Water
Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale
Building or to other local eateries.
If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at
(919) 733-5083, extension 547.
Sincerely,
,QColeen H. Sullins
enclosure
cc•
Enforcement File
Central Files
F.
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70071490 0004 4509 6130
Ms. Edith Beam
Fa -Be Enterprises, Inc.
PO Box 177
Denver, NC 28037
Dear Ms. Beam:
Division of Water Quality
Coleen H. Sullins
Director
April 9, 2009
Subject: NOTICE OF VIOLATION
Compliance Sampling Inspection
Lakewood Care Center WWTP
NPDES Permit No. NCO072621
NOV-2009-PC-0338
Lincoln County, North Carolina
Dee Freeman
Secretary
Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted at the
subject facility on February 3, 2009 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.
This report is being issued as a Notice of Violation (NOV) due to the failure to submit proper reporting
documentation for the wastewater treatment facility in violation of the subject NPDES Permit and North
Carolina General Statute (G.S.) 143-215.1, as detailed in the Dechlorination and Summary Sections of the
attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars
($25,000.00) per violation, per day, may be assessed against any person who violates or fails to act in
accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity!, Affirmative Action Employer — 50% Recycledf10% Post Consumer paper
NorthCarolina
Notrallif
FM
s. Edith Beam
-Be Enterprises, Inc.
NOV-2009-PC-0338
It is requested that a written response be submitted to this Office by Mav 9, 2009 addressing the
deficiencies noted in the Dechlorination and Summary Sections of the attached report. In responding, please
address your comments to the attention of Ms. Marcia Allocco.
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,
�b� Robert B. Krebs
Regional Supervisor
Surface Water Protection Section
Enclosure
cc: Lincoln County Health Department
DH
United States Environmental Protecticn Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 3I MCD072621 111 121 09/02/03 117 18I SI 191 SI 201 I
Remarks
2111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIII16
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------- ------------- Reserved ----------------------
67I 3.0 169 70I 2 I 711 I 72I 2I 73 W 74 751 I I I I I Li 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)
Fa -Be Enterprises
11:00 AM 09/02/03
05/05/01
Exit Time/Date
Permit Expiration Date
7981m E Lincoln optimist
Denver NO 28037
12:00 PM 09/02/03
10/02/28
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Douglas Hill Lee/ORC/828-396-4444/
Name, Address of Responsible Official/Title/Phone and Fax Number
Edith Ellen Beam, PO Box 177 Denver NO 28037//704-483-7000/ Contacted
No
Section C Areas Evaluated During Inspection (Check only those areas evaluated)
Permit ■ Flow Measurement ■ Operations & Maintenance ■ Records/Reports
Self -Monitoring Program Sludge Handling Disposal . Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Find in/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 Hoodt MRO WQ//704-663-1699 Ext.2193/
Sig ature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Dat
Ma
c a A oc — 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
3I NCO072621 I11 12I 09/02/03 117 18IS1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Sample results from the grab effluent samples collected on the day of the inspection are as follows:
BOD
60 mg/L*
TSS
97 mg/L*
Ammonia
14 mg/L
Nitrate/Nitrite
0.13 mg/L
TKN
35 mg/L
TP
6.7 mg/L
Fecal Coliform >2000 CFU/100ml*
pH
7.4 su
temp
10.8 C
Chlorine
67 ug/L*
* denotes a permit violation
Page # 2
F�
Permit: NCO072621 Owner - Facility: Fa -Be Enterprises
Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling
Pprmit Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ 1—� ■
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: Fa -Be Enterprises, Inc. permit is effective from 6.1.2005-2.282010. The
facility has not adequately addressed dechlorination issues noted in the last inspection.
Operations & Maintenance
Yes
No NA NE
Is the plant generally clean with acceptable housekeeping?
■
n n n
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■
n n n
Judge, and other that are applicable?
Comment: All process control should be properly documented.
Record Keeping
Yes
No NA NE
Are records kept and maintained as required by the permit?
■
n n n
Is all required information readily available, complete and current?
■
n n n
Are all records maintained for 3 years (lab. reg. required 5 years)?
■
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 ■ n
Is the ORC visitation log available and current?
■
n n
Is the ORC certified at grade equal to or higher than the facility classification? ■ n n n
Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n
Page # 3
Permit: NCO072621 Owner -Facility: Fa -Be Enterprises
Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling
11
Record Keeping Yes No NA NE
Is a copy of the current NPDES permit available on site? ■ n n n
Facility has copy of previous year's Annual Report on file for review> ❑ n ■ n
Comment: DMRs for December 2007-November 2008 were reviewed for the
inspection. The following violations were reported during the review period:
March 2008: TSS/Monthly Average violation
August 2008-Fecal Coliform/Daily Maximum
All violations were handled under prior cover.
No pH value was reported for the week of September 7-13. The missing value was
observed during the inspection. Please submit an amended DMR for September 2008
including the omitted pH value. Please add the monthly average limit for flow in the
bottom of the DMR.
Laboratory
Yes
NO
NA
Nt
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: Water Tech Labs, #50, performs all necesary laboratory and field analyses
as well as contract operations by Douglas Lee.
Bar Screens
Yes
No
NA
NE
Type of bar screen
a.Manual
■
b.Mecharncal
n
Are the bars adequately screening debris?
■
n
n
n
Is the screen free of excessive debris?
■
n
n
n
Is disposal of screening in compliance?
■
n
n
n
Is the unit in good condition?
■
o
o
n
Comment: Screenings are taken to the Water Tech Labs trash bin where they are
ultimately disposed of at the county landfill.
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext.
Air
Type of aeration system
Diffused
Page # 4
F.
Permit: NCO072621
Inspection Date: 02/03/2009
Aeration Basins
Is the basin free of dead spots?
Are surface aerators and mixers operational?
Are the diffusers operational?
Is the foam the proper color for the treatment process?
Owner - Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Does the foam cover less than 25% of the basin's surface?
Is the DO level acceptable?
Is the DO level acceptable?(1.0 to 3.0 mg/1)
Comment: The foam was white on the day of the inspection, indicating overwasting.
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin Floc?
Is the sludge blanket level acceptable? (Approximately '/. of the sidewall depth)
Comment: The clarifier was cloudy on the day of the inspection.
Disinfection -Tablet
Are tablet chlorinators operational?
Are the tablets the proper size and type?
Number of tubes in use?
Is the level of chlorine residual acceptable?
Is the contact chamber free of growth, or sludge buildup?
Is there chlorine residual prior to de -chlorination?
■nnn
nn■n
■nnn
■nnn
■nnn
nnn■
nnn■
■nnn
nn■n
■nnn
■nnn
■ n n n
■nnn
■nnn
nn■n
■ n n n
n■nn
n n n ■
Yes No NA NE
nn■n
■nnn
Page # 5
Permit: NCO072621
Inspection Date: 02/03/2009
Disinfection -Tablet
Owner -Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Comment: The total residual chlorine on the day of the inspection was in violation of
the permit at 67 ug/L. Chlorine is added in the secondary clarifer effluent weir to try and
gain the necessary detention time. Norweco sodium hypochlorite tablets are used for
disinfection.
Type of system ?
Is the feed ratio proportional to chlorine amount (1 to 1)?
Is storage appropriate for cylinders?
# Is de -chlorination substance stored away from chlorine containers?
Comment:
Are the tablets the proper size and type?
Are tablet de -chlorinators operational?
Number of tubes in use?
Comment: No tablet dechlorinators are present at the facility. The ORC has tried to
improve facility dechlorination capabilities since the last inspection, but another TRC
violation occurred at this sampling inspection. Norweco tablets are used for
dechlorination.
Aerobic Digester
Is the capacity adequate?
Is the mixing adequate?
Is the site free of excessive foaming in the tank?
# Is the odor acceptable?
# Is tankage available for properly waste sludge?
Comment: Roberts Septic hauls sludge as needed. The plant was very heavy wasted
immediately before the inspection.
Pump Station - Effluent
Is the pump wet well free of bypass lines or structures?
Are all pumps present?
Are all pumps operable?
Are float controls operable?
Is SCADA telemetry available and operational?
Is audible and visual alarm available and operational?
Yes No NA NE
Tablet
nnnn
nn■n
■nnn
■ n n n
nn■n
nn■n
nn■n
nn■n
nn■n
nn■n
Yes No NA NE
■nnn
■nnn
■nnn
■nnn
nn■n
■ n n n
Page # 6
F.
Permit: NCO072621 Owner - Facility: Fa -Be Enterprises
Inspection Date: 02/03/2009 Inspection Type: Compliance Sampling
Pump Station - Effluent Yes No NA NE
Comment:
Flow Measurement- Effluent Yes No NA NE
# Is flow meter used for reporting? n n ■ n
Is flow meter calibrated annually? n n Is n
Is the flow meter operational?
n
n
Is
n
(If units are separated) Does the chart recorder match the flow meter?
n
n
■
n
Comment: Flow is measured by effluent pump run time.
Effluent Samplinq
Yes
No
NA
NE
Is composite sampling flow proportional?
n
n
Is
o
Is sample collected below all treatment units?
■
n
n
n
Is proper volume collected?
■
n
n
n
Is the tubing clean?
n
In
Is
n
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)?
■
n
n
n
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
■
n
n
n
Comment: Effluent samples were collected on the day of the inspection. Please refer
to the 'Additional Comments' page for all sample results.
Effluent Pipe Yes No NA NE
Is right of way to the outfall properly maintained? ■ n n n
Are the receiving water free of foam other than trace amounts and other debris? ■ n n n
If effluent (diffuser pipes are required) are they operating properly? n n ■ n
Comment: The receiving stream appeared unaffected by the discharge at the time of
the inspection.
Page # 7
May 8, 2009
Ms. Marcia Allocco
NCDENR, Water Quality Section
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville, NC 28115
Subject: Notice of Violation
Compliance Sampling Inspection
Lakewood Care Center WWTP
NPDES Permit No. NC0072621
NOV-2009-PC-0338
Lincoln County, North Carolina
Dear Ms. Allocco:
Thank you for your letter dated April 9, 2009 regarding the inspection by Ms.
Donna Hood of your office on February 3, 2009.
Listed below is an item by item response to the noted deficiencies.
1. The ORC, Douglas Lee, is now properly documenting all process control
activities.
2. An amended DMR for September 2008 has been submitted which includes
an omitted pH value.
3. The chlorination/dechlorination process is currently being upgraded to
vastly improve its capabilities.
4. General maintenance and troubleshooting is in the process of being
improved.
I hope this response adequately addresses the inspection deficiencies, and if I can
be of further assistance, please let me know.
Sincerely
Tony Gragg
cc: Edith Beam
Fa -Be Enterprises
Michael F. Easley, Governor6ILL(w
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources /
Coleen Sullins. Director
Division of Water Quality
July 3, 2008
CERTIFIED MAIL 7007 1490 0004 4509 5492
RETURN RECEIPT REQUESTED
Ms. Edith Ellen Beam
FA BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2008-LV-0302
Fa Be Enterprises - Lakewood Care WWTP
NPDES Permit No. NCO073621
Lincoln County
Dear Ms. Beam:
A review of the March 2008 self -monitoring report for the subject facility revealed a violation of
the following parameter:
Pipe Parameter Reported Value
001 TSS 31.1 mg/l (monthly average)
Permit Limit
30.0 mg/1 (monthly average)
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 Mr. 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.
cc
JL
N�`hCazolina
QlU aly
Point Source Branch
Lincoln County Health Dept.
Sincerely,
Robert B. Krebs
Surface Water Protection
Regional Supervisor
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
WATT
�OF E9Q Michael F. Easley, Governor
�O G William G. Ross Jr., Secretary
C? North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 5, 2008
CERTIFIED MAIL 7007 1490 0004 4510 1179
RETURN RECEIPT REQUESTED
Ms. Edith E. Beam
Fa Be Enterprises, Inc.
Post Office 177
Denver, North Carolina 28037
Subject: Notice of Violation - Effluent Limitations
Tracking #: NOV-2008-LV-0584
Fa Be Enterprises (Lakewood Care) WWTP
NPDES Permit No. NCO072621
Lincoln County
Dear Ms. Beam:
A review of the August 2008 self -monitoring report for the subject facility revealed a violation of
the following parameter:
Pipe Parameter Reported Value Permit Limit
001 fecal coliform 540/100 ml 400/100 ml (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 Mr. 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,
Z-Z
obert B. Krebs
Surface Water Protection
Regional Supervisor
cc: Point Source Branch
Lincoln County Health Dept.
JI
Mailing Address Phone (704) 663-1699 Location NoothCarol
610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 QtllPli��
Mooresville, NC 28115 Mooresville, North Carolina
Internet: www.ncwaterguality.ore Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Fa Be Enterprises, Inc.
P.O. Box 177 RECEIVED
Denver, NC 28037
SEP 14 2007
September 12, 2007
NC DENR MRO
DWQ-Surface Water Protection
Ms. Marcia Allocco
NC Division of Water Quality
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Dear Ms. Allocco:
Thank you for your letter dated August 17, 2007 regarding the compliance
Evaluation Inspection of Lakewood Care Center WWTP (NC0072621).
In reference to the findings in your report, we believe that we have corrected the
monitoring and record keeping deficiencies outlined in this and previous letters. The
operator in responsible charge, David Abernathy, has been replaced by a more reputable
person. It is our belief that all issues associated with DMR submittals were a direct result
of Mr. Abernathy's incompetence.
The other issues which include dechlorination, authorization to construct proper
treatment units, and compliance of associated parameters involving the
chlorination/dechlorination process are all matters for which Mr. Abernathy was
responsible and was paid accordingly. We are in the process of determining why these
projects were not completed in a timely manner and will take the necessary corrective
action as soon as possible.
In other action, Fa Be Enterprises, Inc. is currently working with the Lincoln
County Wastewater Department to tie on to their collection system. Connection fees
have already been paid and the engineering/construction process has begun. The
completion date is not known, however, we do not anticipate a lengthy time period. We
will notify your office as soon as the tie-in occurs.
I hope this response adequately addresses the concerns in your report, and if I can
be of further assistance in this matter, please let me know.
Sincerely,
Edith Beam
Fa -Be Enterprises, Inc.
�0 W A %9Q Michael F. Easley, Go or
0 - William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
p Colleen Sullins, Director
Division of Water Quality
August 17, 2007
CERTIFIED MAIL 7007 0710 005 2882 0236
RETURN RECEIPT REQUESTED
Ms. Edith Beam
Fa Be Enterprises, Inc.
P.O. Box 177
Denver, NC 28037
Subject: NOTICE OF VIOLATION
Compliance Sampling Inspection
Inspection Report and Sampling Results
Lakewood Care Center WWTP
NPDES Permit NCO072621
NOV-2007-PC-0545
Lincoln County, North Carolina
Dear Ms. Beam:
Enclosed is a copy of the Compliance Sampling Inspection as well as test results relative to the
inspection conducted at the subject facility on June 29, 2007 by Ms. Donna Hood of this Office.
Effluent Samples were collected on July 10, 2007 by DWQ staff for use in compliance testing. Tests
utilizing these samples resulted in violations of NPDES Permit Limits for Total Residual Chlorine
(TRC) and Fecal Coliform. However, because the fecal coliform sample holding time was exceeded the
results can not be used for compliance. Please inform the Operator -in -Responsible Charge of our
findings by forwarding a copy of the enclosed report.
This report is being issued as a Notice of Violation (NOV) because of the violations of the subject
NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Permit, Record
Keeping, Effluent Sampling, and Effluent Pipe Sections of the attached report. Pursuant to G.S. 143-
215.6A, a civil penalty of not more than twenty five -thousand dollars (25,000.00) per violation per day may
be assessed against any person who violates or fails to act in accordance with the terms, conditions, or
requirements of any permit issued pursuant to G.S. 143-215.1.
It is requested that a written response be submitted to this Office by September 17, 2007 addressing the
deficiencies noted in the Permit, Record Keeping, Effluent Sampling, and Effluent Pipe Sections of the
report. In responding, please address your comments to the attention of Ms. Marcia Allocco.
Nam` Carolina
Ntara!!y
Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service
Internet: www.ncwaterquality.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
"4N
Notice of Violation
Ms. Edith Beam
Page Two
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,
9
'�s7Y Rob Krebs
Surface Water Protection Regional Supervisor
Enclosure
cc: Central Files
Iredell County Health Department
IM1
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 I NI 2 15I 31 NCO072621 111 121 07/06/28 117
181 gl 19I SI 20I
Remarks
211111 11111111111111111111111111111111111111111116
Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA
--------------------------- Reserved ----------------------
67I 2.0 169 701 I 711 I 721 N I
73 LJJ 74 751 I I I I I I 180
I_J_J
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 07/06/28
05/05/01
Fa -Be Enterprises
Exit Time/Date
Permit Expiration Date
7981m E Lincoln Optimist
Denver NC 28037
01:30 PM 07/06/28
10/02/28
Name(s) of Onsite Repre sentative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
Douglas Hill Lee/ORC/828-396-4444/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Edith Ellen Beam,PO Box 177 Denver NC 28037//704-483-7000/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review
Effluent/Receiving Waters
Laboratory
Section D: Summary of Find in/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 Ho- t MRO WQ///
f
t�
Signature_ of Management Q A Review§P 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
"4N
NPDES yr/mo/day Inspection Type
3I NCO072621 I11 12I 07/06/28 1
17 18IS1
(cont.)
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Record Keeping:
DMRs for May 2006-April 2007 were reviewed for the inspection. The following violations were reported
during the review period:
1. Late DMR submittal for July 2006
2. Total suspended solid daily maximum exceedance for August 16, 2006
3. Late DMR submittal for August 2006
4. TRC exccedances on the following days in December 2006: 5,6,11,13,14,20,22,28,29
5. One TRC not performed for the week of 1/29/2007-2/3/2007
All violations have been handled under previous cover, except the missing TRC test.
No records were available to substantiate the test being performed. No other violations
were reported. It was noted during the inspection that different people have signed as
ORC or permittee without proper documentation. Proper documentation was presented
to the inspector on the day of the inspection for delegation of signatory authority and
ORC designation. Please be advised that these must be submitted to the Division as
changes occur, per permit requirement Part II Section B(11) and Part II Section C(1).
Page # 2
PPV
Permit: NCO072621
' Inspection Date: 06/28/2007
Owner - Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
(If the present permit expires in 6 months or less). Has the permittee submitted a new application?
Is the facility as described in the permit?
# Are there any special conditions for the permit?
Is access to the plant site restricted to the general public?
Is the inspector granted access to all areas for inspection?
Comment: Fa -Be enterprises, Inc. permit is effective from 6/1/2005-2/28/2010. A total
residual chlorine limit of 28 ug/L has been added with this permit cycle. The limit
became effective on 12/1/2006. No Authorization to Construct has been issued for the
addition of dechlorination facilities. On July 10, 2007, the effluent TRC concentration
tested at 75 ug/L, a permit violation. Please be advised that treatment additions to the
facility must be designed by a professional engineer, submitted to the Division for
approval, and then signed off on by a professional engineer. Please begin this process
at once to obtain approved dechlorination facilities at Fa -Be Enterprises Lakewood Care
Center.
Yes No NA NE
n n ■ n
■nnn
n■00
■nnn
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? ■ n n 0
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ Q ❑
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
■
❑
Page # 3
"4N
Permit: NCO072621 Owner -Facility: Fa -Be Enterprises
Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling
Record Keeping
Yes
No
NA
NE
Is the ORC visitation log available and current?
■
n
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
■
❑
❑
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?
■
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
❑
❑
■
❑
Comment: See attached summary
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?
■
❑
❑
n
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?
❑
❑
■
❑
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
❑
❑
■
❑
Comment: Water Tech Labs, #50, performs all necessary laboratory and field
analyses as well as contract operations by Douglas Lee.
Aerobic Digester
Yes
No
NA
NE
Is the capacity adequate?
❑
❑
■
❑
Is the mixing adequate?
n
n
■
n
Is the site free of excessive foaming in the tank?
n
❑
■
❑
# Is the odor acceptable?
n
n
■
n
# Is tankage available for properly waste sludge?
❑
❑
■
❑
Comment: Stanley Septic hauls sludge as needed from the facility.
Type of bar screen
a.Manual ❑
b. Mechanical
■
Are the bars adequately screening debris?
■
❑
Cl
❑
Is the screen free of excessive debris?
■
❑
❑
❑
Is disposal of screening in compliance?
■
❑
❑
❑
Is the unit in good condition?
■
❑
❑
❑
Page # 4
Permit: NCO072621
` Inspection Date: 06/28/2007
Owner - Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Comment: Screenings are taken to the Water Tech Labs trash bin where they are
disposed of at the county landfill.
Aeration Basins
Yes
No
NA
NE
Mode of operation
Ext. Air
Type of aeration system
Diffused
Is the basin free of dead spots?
■
n
n
n
Are surface aerators and mixers operational?
❑
❑
■
❑
Are the diffusers operational?
■
❑
❑
❑
Is the foam the proper color for the treatment process?
■
n
n
n
Does the foam cover less than 25% of the basin's surface?
■
n
n
n
Is the DO level acceptable?
n
n
n
■
Is the DO level acceptable?(1.0 to 3.0 mg/1)
n
n
n
■
Comment:
Secondary Clarifier
Yes
No
NA
NE
Is the clarifier free of black and odorous wastewater?
■
❑
n
n
Is the site free of excessive buildup of solids in center well of circular clarifier?
❑
❑
■
❑
Are weirs level?
■
n
n
❑
Is the site free of weir blockage?
■
n
n
n
Is the site free of evidence of short-circuiting?
■
n
n
n
Is scum removal adequate?
■
Cl
n
n
Is the site free of excessive floating sludge?
■
n
❑
❑
Is the drive unit operational?
n
n
■
n
Is the return rate acceptable (low turbulence)?
■
❑
n
n
Is the overflow clear of excessive solids/pin floc?
■
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately % of the sidewall depth)
❑
❑
❑
■
Comment:
Disinfection -Tablet
Yes
No
NA
NE
Are tablet chlorinators operational?
■
❑
❑
❑
Are the tablets the proper size and type?
■
n
n
n
Number of tubes in use?
0
Page # 5
"NN
Permit: NCO072621 Owner - Facility: Fa -Be Enterprises
Inspection Date: 06/28/2007 Inspection Type: Compliance Sampling
Disinfection -Tablet Yes No NA NE
Is the level of chlorine residual acceptable? ❑ ■ ❑ ❑
Is the contact chamber free of growth, or sludge buildup? n ■ n n
Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ ■
Comment: The tablet chlorinator was being used as a dechlorination unit at the time of
the inspection. Chlorine tablets were placed in the secondary clarifier effluent trough.
Required detention time, necessary for disinfection, was inadequate on the day of the
sampling. Effluent samples collected on July 10, 2007 showed an elevated effluent
fecal count of 2300. Effluent samples were not collected on the day of the inspection
because the facility was not discharging. Please be advised that all treatment units
should be utilized as originally designed and a dechlorination unit should be added per
regulatory requirements.
De -chlorination
Yes
No
NA
NE
Type of system ?
Tablet
Is the feed ratio proportional to chlorine amount (1 to 1)?
■
n
n
n
Is storage appropriate for cylinders?
n
n
■
n
# Is de -chlorination substance stored away from chlorine containers?
❑
❑
■
❑
Comment:
Are the tablets the proper size and type?
■
n
n
n
Are tablet de -chlorinators operational?
❑
■
❑
❑
Number of tubes in use?
1
Comment: Dechlorination was inadequate at the facility on the day of the inspection
Please refer to the permit section for corrective actions.
Effluent Sampling
Yes
No
NA
NE
Is composite sampling flow proportional?
n
n
■
❑
Is sample collected below all treatment units?
■
❑
n
❑
Is proper volume collected?
■
n
❑
❑
Is the tubing clean?
❑
❑
■
❑
Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)?
n
n
■
Cl
Is the facility sampling performed as required by the permit (frequency, sampling type representative)?
n
■
❑
n
Comment: One TRC test was not performed the week of 2/3/2007.
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
n
■
❑
n
Are the receiving water free of foam other than trace amounts and other debris?
00
n
■
Page # 6
• Permit: NC0072621
Inspection Date: 06/28/2007
Owner -Facility: Fa -Be Enterprises
Inspection Type: Compliance Sampling
Effluent Pipe Yes No NA NE
If effluent (diffuser pipes are required) are they operating properly? O n ■ n
Comment: The effluent pipe location could not be located on the day of the
inspection. Please locate the effluent pipe immediately.
Upstream / Downstream Sampling Yes No NA NE
Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? n n ■
Comment:
Flow Measurement- Effluent Yes No NA NE
# Is flow meter used for reporting?
Is flow meter calibrated annually?
Is the flow meter operational?
(If units are separated) Does the chart recorder match the flow meter?
Comment: Flow is measured by effluent pump run time.
Page # 7
'q4N
ANALYTICAL RESULTS SHEET
NAME OF FACILITY: Fa -Be Enterprises, Inc WWTP Grab: X Composite:
Sample Date(s): 7/10/2007 NPDES Permit No. NCO072621
Sample Location: Effluent County: Lincoln
BOD5, mg/1
6.7
Phenols, ug/1
COD: High, mg/l
Sulfate, mg/1
COD: Low, mg/1
Sulfide mg/1
Coliform: Fecal, #/100 ml
2300(Grab) 1,2
Biomass: Dry Weight
Coliform: Total, #/100 ml
Biomass: Peri Ash Free -
Coliform: Tube Fecal, MPN
NH3-N, mg/l 0.25
Coliform: Tube Total, MPN
TKN, mg/1 1.1
Residue: Total, mg/1
NO2 + NO,, mg/l ' 8
Volatile, mg/1
PO4i mg/1
Fixed, mg/1
P: Total, mg/1 4.1
Residue: Suspended, mg/1
6.2
P: Dissolved, mg/l
Volatile, mg/1
Ag-Silver, ug/1
Fixed, mg/1
Al -Aluminum, ug/1
Settleable Solids, ml/1
Be -Beryllium, ug/1
pH, s.u.
6.82
Ca -Calcium, ug/1
TOC, mg/1
Cd-Cadmium, ug/l
Turbidity, NTU
Co -Cobalt, ug/1
Chloride, mg/1
Cr-Chromium: Total, ug/1
Oil and Grease, mg/1
Cu-Copper, ug/1
Cyanide, ug/1
Fe -Iron, mg/1
Fluoride, mg/1
Pb-Lead, ug/1
Hardness: Total, mg/1
Hg-Mercury, ug/1
MBAS, ug/l
Ni-Nickel, ug/1
Conductivity, umhos/cm
Semivolatiles
Dissolved Oxygen, mg/1
3.57(G`ab)
VOC
Temperature, °C
Alkalinity, mg/L
Chlorine, ug/L
752
s Did not meet hold time requirements
Denotes a violation of a permit limitation.
(cmb) Denotes that sample was collected by grab method.
PF
O�O� W A T �9QG
o �
June 18, 2007
Ms. Edith Beam
Lakewood Care Center, Inc.
P. O. Box 177
Denver, NC 28037
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
JUN 1 9 2(?"7
Subject: Remission Request of Civil Penalty Assessment
Fa -Be Enterprises, Inc. WWTP
NPDES Permit NCO072621 ,
W.ATL4 J ;A � 1
Case Number LV-2007-0191 �s�i�LEN I � Sii��i�P
Lincoln County
Dear Ms. Beam:
This letter is to acknowledge your request for remission of the civil penalty levied against the subject
facility. Your request will be scheduled for review by the Director 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,
..' � (W— 0 � 0 "/���-
Bob Sledge, Environmental Specialist
Point Source Branch
cc:
Enforcement Fie w/originals
Central Files w/attachments
N'pr�tIhtCarolina
)valura!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ncwaterquality.or%z Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
STATE OF NORTH CAROLINA
COUNTY OF LINCOLN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
FA -BE ENTERPRISES, INC.
PERMIT NO. NCO072621
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2007-0191
91
Having been assessed civil penalties totaling%c. 4 S,0for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 16, 2007, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality witbin 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.
It
This the day of -t2007
BY
ADDRESS
LAKEWOOD CARE CENTER, INC.
P. . BOX ...
DENVER, NG 28031
TELEPHONE
714,)_
JUSTiF CATIQN FQ$ RE�><S-�JQN RFQ�ST
DWQ Case Number: LV-2007-0191
Assessed Party: FA -BE Enterprises, Inc.
County: Lincoln
Permit Number: NCO072621
Amount Assessed: V"QSI . SD
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ofRi hr ro an Administrative Hearintz 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 n"cssary for the Director to eortsider 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. § 1.4313-282.1(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-28 . were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penally assessment document);
(b) the violator promptly abated continuin environmental damage resultingo u
vto ation (i,e., explain the steps that you took to correct the violation and prevent .fitttrre
occurrences);
X(c) e violation was inadvertent or a esult of a accident (i.e,, explain why the violation
was unavoidable or something you could not prevent of prepare for);
(d) the violator had not been assessed civil penalties for anv previous violations;
(c)2aymot of the civil penalty -,Will will rev nt a ent fo the re ainin necess
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANAON: (use additional pages as necessary)
June 6, 2007
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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. NC0072621
FA -BE Enterprises, Inc. WWTP
Lincoln County
Case No. LV-2007-0191
To Whom It May Concern:
Please accept this letter as a request for remission of the penalties associated with
Case No. LV-2007-0191.
I sincerely apologize for the self -monitoring data reporting violations which
occurred in December 2006. Mr. David Abernethy, the operator in responsible charge,
assured me that all compliance issues associated with chlorination and dechlorination
were being properly addressed.
Recent events have led me to believe that Mr. Abernethy is not trustworthy. As a
result, we have employed a new ORC effective April 1, 2007. We believe the violations
which were directly related to Mr. Abernethy's incompetence will no longer occur.
I have always taken the advice of our wastewater operators and approved
upgrades as necessary. I will continue to work with these trained individuals to achieve
on -going compliance.
I hope you will approve this remission request, and if I can be of further
assistance in this matter, please let me know. +
Sincerely,
ec&�' '60AM
Edith Beam
Enclosures
Water Pollution Control System Designation Form
WPC$OCC
NCAC 15A:08G .0201
General Information:
Perrnittee Owner/Officer Name: 5 di
WK)
Mailing Address: 'X /
City:
it / P ►" State: i , Zip:
Telephone Number: ZL9 F) _
Signature: �l�i'[� Date:
■■rrr*■■■rrrrrr■■■■■rrrr■■■rrrr�■■rrrarr■■■rrr■■■■rsrr■■r■rrr■■■■■rrrr■■�
Facility Information:
Facility: LA-cs-zc-,i�
PermitNumber: County:
! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM!
Mark (X) TV_pe of Facility CIass (1-4) Class
Wastewater Plant X I I .._ Spray irrigation N/A
Physical/Chetnical _ Land Application NIA
Collection System _ Subsurface NIA
•■■■■■rrr■■■■■■r■■■■■■■rrr■■■■rrrr■■■.■■er■■■■■rrr■■■■■rrr■■■■■rrr■•■■■r�
Operator in Responsible Charge:
Print Name: j Social Security # : _
Certificate Type and Grade: L1 Certificate
Work Telephone: Signature.
■■rrrs■■■■■■rrr■■■■rrr■■■■rrrrr■■■■rrrsr■■■■rrrrr■■■■rrsr■■ ■rrrr■■■rrrr
Back-Up Operator in Responsible Charge:
Print Name: Social Security
Certificate Type and Grade: ru care #:
Work Telephone: (!.a` ,59Q- - LF`f`f `l Signature:
Mail or Fax to: WPCSOCC
1618 Mail Service Center
Raleigh, N-C. 27699-1618
Fax! 919n33-1338
OF W A TF
\O� RQG Michael F. Easley, Governor
Uj y William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
--I
O Coleen H. Sullins, Director
Division of Water Quality
September 17, 2007
CERTIFIED MAIL 7002 3150 0003 7052 9691
RETURN RECEIPT REQUESTED
Ms. Edith Beam
Lakewood Care Center, Inc.
P. O. Box 177
Denver, NC 28037
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit Number NCO072621
FA -BE Enterprises, Inc. WWTP
Lincoln County
Case Number LV-2007-0191
Dear Ms. Beam:
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 $981.50.
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 Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
NehCarolina
Noaturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: www.ncwatcrguality.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
Lakewood Care Center, Inc.
LV-2007-0191 Remission Result
p.2
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,
fl- 0�- 0,7., f�
Clen H. Sullins
attachment
cc:
Enforcement file
Central Files
Date: J
FACILITY NAME: Lam. woo . (-,D-nttr , Inc .
1 BES ERMIT NO.:
DISCHARGE NO.: C�I
I, cddk BMW
Penniitte-e (pleaseprintor type)
Signature of Permittee
delegate signatory authority to
o ua1 o s Le e- -1-
Print6d Name
Sj ature v
for submission of DEM monthly monitoring report form
MR-1 and / or MR-3 as applicable to be filed with the
DIVISION OF ENVIRONMENTAL MANAGEMENT, Raleigh, NC.
- Performance Annual Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2003.
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2003.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2003.
M. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
sAeoj9?- a,3-off
Responsible Person Date
Title
Entity
W A TFRO Michael F. Easley, Goveirr r
�O t'i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 16, 2007
7006 2760 0001 8493 7972
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Edith Beam
FA -BE Enterprises, Inc.
PO Box 177
Denver, North Carolina 28037
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. NCO072621
FA -BE Enterprises, Inc. WWTP
Lincoln County
Case No. LV-2007-0191
Dear Ms. Beam:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $981.50 ($900.00 civil penalty + $81.50 enforcement costs) against FA -Be Enterprises, Inc..
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for December 2006. This review has shown the subject facility to
be in violation of the discharge limitations found in NPDES Permit No. NCO072621. The
violations are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that FA -BE Enterprises, Inc.
violated the terms, conditions, or requirements of NPDES Permit No. NCO072621 and North
Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment
A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-
215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection
Regional Supervisor for the Mooresville Region, hereby make the following civil penalty
assessment against FA -BE Enterprises, Inc.:
G" N"or hCarolina
NCDENRaturally
Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service
Internet: % %vNv.nc%vmcr(uulii\.ore 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
$ 100. 00
$ 960. oo
$ 81.50
For 9 of the nine (1) violation(s) of G.S.
143-215.1(a)(6) and NPDES Permit No.
NC0072621, by discharging waste into the waters of
the State in violation of the permit daily maximum
effluent limit for total residival chlorine.
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth 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 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
10
3. File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed — provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: (919) 733-2698 Facsimile: (919) 733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the
petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
as evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action.
Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment. If the violations are of a continuing nature, not related to
operation and/or maintenance problems, and you anticipate remedial construction activities then
you may wish to consider applyingfor or a Special Order by Consent. If you have any questions
about this civil penalty assessment or a Special Order by Consent please contact the Water
Quality Section staff of the Mooresville Regional Office at (704) 663-1699.
(Date) Robert B. Krebs
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
MA
ATTACHMENT A
CASE NO. LV-2007-0191
Outfall
Parameter
Reported Value
Permit Limit
001
Total residual chlorine
1,070 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
780 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
310 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
740 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
480 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
1,250 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
1,570 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
220 µg/L *
28 µg/L (Daily maximum)
001
Total residual chlorine
490 µg/L *
28 µg/L (Daily maximum)
* Denotes civil penalty assessment
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF LINCOLN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
FA -BE ENTERPRISES, INC. ) STIPULATION OF FACTS
PERMIT NO. NCO072621 )
FILE NO. LV-2007-0191
I
Having been assessed civil penalties totaling( SO for violation(s) as set forth in the
assessment document of the Division of Water Quality dated May 16, 2007, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed after 30 days from the receipt of the notice of assessment.
This the
day of
TELEPHONE
2007
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2007-0191
Assessed Party: FA -BE Enterprises, Inc.
County: Lincoln
Permit Number: NC0072621
Amount Assessed: l-199 . W
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 o Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(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 14313-282 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 Venafty will prevent payment for the remaining necessM
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)
Pr
January 10, 2007
Ms. Marcia Allocco
NC Division of Water Quality
610 East Center Avenue Suite 301
Mooresville, NC 28115
JAN 1 6 iu-01
WATER QUAUPI SECiO
Subject: Tracking #: NOV-2006-LV-0596
Lakewood Care FA -BE Enterprises WWTP
NPDES Permit NC0072621
Lincoln County, North Carolina
Ms. Marcia Allocco:
The T.S.S incursion on August 16`h 2006 was sighted as non compliant at the bottom
of the DMR but was not transcribed into the proper place on the back. The master
copy of the DMR back is checked compliant. The status was not updated to non
compliant when the August report was generated.
A revised DMR has been mailed to central files with an explanation obtained through
plant records and the updated facility status. A copy of the revised DMR is included
for your review.
Should you have any questions, please do not hesitate to contact David Abernethy at
(828) 216 4866
cerely,
David P. Abernethy
ORC of Lakewood Care WWTP
EFFLUENT
( April 1 through October 31) Revised (Non Compli;
NPDES PERMIT NO.: NC0072621
DISCHARGE NO.: 001 MONTH: AUGUST YEAR: 2006
FACILITY NAME: Lakewood Care
CLASS: II COUNTY: Lincoln
OPERATOR IN RESPONSIBLE CHARGE: David P. Abernethy GRADE: III PHONE: 828-664-0482
CERTIFIED LABORATORIES:
(1 ) Water Tech Inc (2 )
Check box if orc has changed [ ]
PERSON(S) COLLECTING SAMPLES: Mark R. Heavner
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES
X 9 /29/2006
DIVISION OF WATER QUALITY
(SIGNATURE OF ORC) DATE
DENR
BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS
1617 MAIL SERVICE CENTER
ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
RALEIGH, NC 27699-1617
DEM Form MR-1 (12/03)
Lakewood Care Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
All monitoring data and sampling frequencies do NOT meet permit requirements
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation,
maintenance, etc, and a time table for improvements to be made.
7M
I)
Compliant
Ix)
Noncompliant
High temps has caused a D.O. problem leading to an upset. The return rates where reduced to increase process holding time and increase plant D.O's
(Similar conditions occurred locally with several close facilities)
"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 sub-
mitted. 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 com-
plete. I am aware that there are significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
Permittee Address: P.O. BOX 1056
GRANITE FALLS, NC 28630
00010 Temperature
00076 Turbidity
00080 Color (Pt -Co)
00082 Color (ADM])
00300 Dissolved Oxygen
00310 B O D 5
00340 C O D
00400 pH
00530 T S S
00545 Settleable Solids
00556 Oil and Grease
00600 Total Nitrogen
David P. Abernethy (SBA)
Perm ittee (Please print or type)
Signature of Permittee"
Phone
Number:
(828) 396 4444
PARAMETER CODES
00610
Ammonia Nitrogen
01032
Hexavalent
00625
Total Kjeldah
Chromium
Nitrogen
01034
Chromium
00630
Nitrate/Nitrite
01037
Total Cobalt
00665
Total Phosporous
01042
Copper
00720
Cyanide
01045
Iron
00745
Total Sulfide
01051
Lead
00927
Total Magnesium
01067
Nickel
00929
Total Sodium
01077
Silver
00940
Total Chloride
01092
Zinc
00951
Total Fluoride
01105
Alumimum
01002
Total Arsenic
01147
Total Selenium
01027
Cadmium
31616
Fecal Coliforrn
Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at (919) 733-5083 ext 581 or 534
The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designed in the reporting
facility's permit for reporting data.
ORC must visit the facility and document visitation of facility as required per 15A NCAC 8A .0202(b)(5)(B)
If signed by other than the permittee, delegation of signatory authority must be on file with the state per
15A NCAC 2B .0506 (b)(2)(D)
Date
Permit Exp. Date
28-Mar-10
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total Residual Cl2
71880 Formal-dehyde
71900 Mercury
81551 Xylene
June 26, 2003
NCDENR
Attn: Mr. Richard Bridgeman
Division of Water Quality
919 North Main Street
Mooresville, NC 28115
Dear Mr. Bridgeman:
NC DM. OF EWAMMEW,
AND NATURAL Rf80URCFS
000RE8VILLERE01W
RED,
(JUN 3 0 2e
WATER QUA!!T`
Thank you for your letter dated June 9, 2003 regarding the Compliance Evaluation
Inspection of Lakewood Care Center WWTP (NC0072621).
In reference to the deficiencies noted in the Facility Site Review/O & M Section, the
Operator, Eddie Rogers, has replaced the belt on one of the blower/motor units to insure
that the facility is properly operated and maintained
I hope this response is satisfactory, and if I can be of further assistance in this matter,
please let me know.
Sincerely,"�;Wj
I
Edith Beam
FA -BE Enterprises, Inc..
PPP61 EEast Center Avenue, Suite 301
Mooresville, North Carolina 28115
Telephone: 704-663-1699
Fax: 704-663-6040
I E;,P M�tw
To: L, NVA From: 3D Rt3 Lr ( 1
Fax: D T • �'- J • I S3 Pages:
Phone: Date: 7
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
2 . 6^,S f neei'5
pppppp�
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
FAST -TRACK APPLICATION FORM
for DECHL ORINA TION FACILITIES A UTHORIZATION TO
CONSTRUCT
THIS FORM MAY BE PHOTOCOPIED FOR USE AS AN ORIGINAL
1. Applicant's Name (Owner of the Facility):
2. Complete Mailing Address of Applicant:
3. Facility Name:
4. Facility Permit Number and Date of Issuance:
5. Facility Address (Physical Location):
6. Contact Person:
7. Contact Telephone:
8. County Where Project is Located:
9. Name of Receiving Stream and River Basin:
10. Project Description (Include Type of Dechlorinating Agent):
FORM: DCLb 9/2006
Certification
Fast -Track Authorization to Construct for Dechlorination Facilities
Professional Engineer's Certification:
1, attest that this application for
has been reviewed by me and is accurate,
complete and consistent with the information in the engineering plans, calculations, and all other supporting
documentation. I further attest that the proposed design has been prepared in accordance with all applicable
regulations and Minimum Design Criteria for Dechlorination Facilities, adopted April 18, 2003. Although certain
portions of this submittal package may have been prepared by other professionals, inclusion of these materials under
my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the
proposed design.
NOTE: In accordance with NC General Statutes 143-215.6A and 143-215.613, any person who knowingly makes
any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor
which may include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation. Furthermore,
failure to design the above referenced facilities in accordance with Minimum Design Criteria for Dechlorination
Facilities and good engineering practice could subject you to disciplinary action by the North Carolina Board for
Professional Engineers and Land Surveyors.
North Carolina Professional Engineer's seal, signature, and date:
Applicant's Certification:
I, attest that this application for
has been reviewed by me and is accurate
and complete to the best of my knowledge. By signing this certification I, certify that facilities have been designed
in accordance with the Division's Dechlorination System Minimum Design Criteria, and commit to insure
construction proceeds in accordance with said criteria. NOTE: In accordance with NC General Statutes 143-215.6A
and 143-215.613, any person who knowingly makes any false statement, representation, or certification in any
application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $10,000 as well as civil
penalties up to $25,000 per violation.
Signature: Date:
FORM: DCLC 4/2003
Performance Annual
MWO"6*00i,
Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2004.
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2004.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2004.
M. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
Responsible Person Date
Title
Entity
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Edith Beam
FA -BE Enterprises, Inc.
PO Box 177
Denver, North Carolina 28037
Subject
Dear Ms. Beam:
Michael F. Easley, Gov or /M
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 20, 2006
7006 2760 0001 8493 0041
Notice of Violation - Effluent Limitations
Tracking #: NOV-2006-LV-0596
FA-BE.Enterprises WWTP
NPDES Permit No. NCO072621
Lincoln County
A review of the August 2006 self -monitoring report for the subject facility revealed
violations of the following parameters:
Outfall
001
Parameter
Reported Value
Total suspended solids 53.3 mg/l (Daily minimum)
Permit Limit
45.0 mg/1(Daily minimum)
On the backside of the Discharge Monitoring Report — DWQ Form MR-1, the Facility
Status was erroneously listed as Compliant; this is also a violation, subject to an enforcement
action. 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 did not
provide an explanation for the noted effluent limit violation, it is requested that a written
response to this Notice be submitted by no later than January 18, 2007. The response should
include any additional information concerning the violation or comments that you wish to
present. Please address your response to the attention of Ms. Marcia Allocco of this Office.
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.
WDENR
No`" Carolina
)Q4=1!y
Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service
Internet: www.ncwaterquality.or- 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
Ms. Edith Beam
December 20, 2006
NOV-2006-LV-0596
Page 2
If you have questions concerning this matter, please do not hesitate to contact Ms.
Allocco or me at 704/663-1699.
Sincerely,
John Lesley
Surface Water Protection
Acting Regional Supervisor
cc: Point Source Branch
Gaston County Health Department
MA
BIMS Monitoring Requirement Error
Subject: BIMS Monitoring Requirement Error
From: Marcia Allocco <marcia.allocco@ncmail.net>
Date: Fri, 30 Jun 2006 11:49:16 -0400
To: Charles Weaver <Charles.Weaver@ncmail.net>
Hi Charles,
I took over for Richard Bridgeman in the Mooresville Regional Office doing enforcement work. John
Lesley suggested I contact you regarding an error in BIMS. If you're not the right person can you either
forward this to the right person or let me know who the right person is and I'll forward the message.
The error is on the monitoring requirements for NPDES permit No. NC0072621; Fa -Be Enterprises
Lakewood Care Center WWTP.
Their permit issued in May 2001 had a weekly monitoring requirement for Oil & Grease. However, when
their permit was renewed and issued in April 2005 that requirement was removed. This is causing BIMS
to kick out monitoring violations each month for weekly Oil & Grease samples.
Would you be able to correct BIMS so it's not looking for weekly Oil & Grease monitoring?
Thanks and if you have any questions on this please give me a call.
Marcia Allocco
Marcia Allocco .AlloccoC�ncmai.l.net.
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: 704.663.1699 Fax: 704.663.6040
If 1
6/30/2006 11:49 AM
o��r v�ATF9OG
c
r
Ms. Edith Ellen Beam
FA -BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
Dear Ms. Beam:
Michael F. rl)vernor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, 1'. E. Director
Division of Water Quality
August 23, 2004
Subject: Compliance Evaluation Inspection
Lakewood Care Center WWTP
NPDES Permit No. NCO072621
Lincoln County, NC
Enclosed is a copy of the Compliance Evaluation Inspection Report for the
inspection conducted at the subject facility on August 11, 2004 by Mr. Barry Love of this
Office. Please inform the facility's Operator -in -Responsible Charge of our findings by
forwarding a copy of the enclosed report to him.
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: Lincoln County Health Department
No ` Carolina
Natura!!ry
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service
1-877-623-6748
United Slates 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 NCT07;lG:.1 11 121 04'ue%n 17 18U 19U 20U
Remarks
211111111111111111111111111111 I I I I I II I I II 1111111166
Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA Reserved
671 0 69 70 U 71 LLi J 72 U 73 U 74 751 I I I I I I 180
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
11:00 AM 04!08/11
01106/01
Fa -Be Enterprises
7981M E Lincoln optimist
Exit Time/Date
Permit Expiration Date
Denver NC 28037
11:50 AM 04/08/1-
Name(s) of Onsite Representative(s)(fitles(s)/Phone and Fax Number(s)
Other Facility Data
Robert Kenn,,- McKinney Greene/ORC/8�28-396-4Y4,i/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Edith Ellen Beam,PC Box 177 Denver NC 28037//704-483-7000/ No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated
Permit 0 Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program E Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Find in /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
EaF,I _ Lnv MRO WQ//704-653-1699/704-663-6040
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
Ric tard H tiridaeman 7:,--
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
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Permit: NCO072621 Owner - Facility: Fa Be Enterprises Inc - Fa -Be Enterprises
Inspection Date: 08/11/04 Inspection Type: Compliance Evaluation
Ypc No NA NE
Aeration n Rasins
Are settleometer results acceptable?
Comment:
Ywe No
NA NE
Djsinfection
Type of system ?
Tablet
O ❑
0
Are cylinders secured adequately?
13
Are cylinders protected from direct sunlight?
Is there adequate reserve supply of disinfectant?
13
0
0
M ❑
Is ventilation equipment operational?
Is ventilation equipment properly located?
0
Is SCBA equipment available on site?
O
0 13
Is SCBA equipment operational?
O
M O
Is staff trained is operating SCBA equipment?
Is staff trained in emergency procedures?
O
M 13
Is an evacuation plan in place?
13 ❑
0 0
Are tablet chlorinators operational?
O
O
13
O
Are the tablets the proper size and type?
Number of tubes in use?
3
(Sodium Hypochlorite) Is pump feed system operational?
❑ 0
M 0
Is bulk storage tank containment area adequate? (free of leaks/open drains)
0 0
M
M 13
❑ 11
Is the level of chlorine residual acceptable?
M
Is there adequate detention time
Is the contact chamber free of growth, or sludge buildup?
M ❑
0 O
Comment:
Y -e No
NA
NE
I ahoratory
Are field parameters performed by certified personnel or laboratory?
0
Are all other parameters(excluding field parameters) performed by a certified lab?
0 ❑
13
❑
Is the facility using a contract lab?
O
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
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees?
❑ 13
0
❑
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees?
O 11
M
Comment: Water Tech Labs, Inc. is the contract lab.
Effluent
Ypa No
NA
NE
Flow MpasuremPnt -
13 M
Is flow meter used for reporting?
❑
0
❑
Is Flow meter calibrated annually?
❑ 0
0
Is flow meter operating properly?
(If units are separated) Does the chart recorder match the flow meter?
0 11
M
O
Comment: Flow is measured instantaneously by effluent pump counters.
NA
NE
Record KePoinq
Yps No
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
0
Are all records maintained for 3 years (lab. reg. required 5 years)?
0
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Michael F. Easley
4WIF WATF Governor
ww/X
coNCDENR William G. Ross, Jr., Secretary
r North Carolina Department of Environment and Natural Resources
(D ,...,.�'C Alan W. Klimek, P.E., Director
Division of Water Quality
May 13, 2004
Edith Ellen Beam
Fa -Be Enterprises, Inc.
Post Office Box 177
Denver, NC 28037
Subject: Renewal Notice
NPDES Permit NCO072621
Fa -Be Enterprises
Lincoln County
Dear Permittee:
Your NPDES permit expires on February 28, 2005. Federal (40 CFR 122.41) and North Carolina (15A NCAC
2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current
permit. If you have already mailed your renewal application, you may disregard this notice.
To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than September 1,
2004. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed
depending upon the delinquency of the request.
If any wastewater discharge will occur after February 28, 2005, the current permit must be renewed. Discharge of
wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater
may be assessed civil penalties of up to $25,000 per day.
If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact 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 at the telephone number or e-mail address listed
below.
cc: Central Files
Mooresville Regional Office, Water Quality Section
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
VISIT US ON THE INTERNET Q http://h2o.enr.state.nc.us/NPDES
Sincerely,
Charles H. Weaver, Jr.
NPDES Unit
919 733-5083, extension 511 (fax) 919 733-0719.
e-mail: charles.weaver@ncmail.net
NPDES Permit NCO072621
Fa -Be 'Enterprises
Lincoln County
The following items are REQUIRED for all renewal packages:
❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since
issuance of the last permit. Submit one signed original and two copies.
❑ The completed application form (copy attached), signed by the permittee or an Authorized
Representative. Submit one signed original and two copies.
❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares
the renewal package, written documentation must be provided showing the authority delegated to any
such Authorized Representative (see Part II.B.11.b of the existing NPDES permit).
❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other
solids) generated during wastewater treatment are handled and disposed. If your facility has no such
plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed
original and two copies.
The following items must be submitted by any Municipal or Industrial facilities discharging
process wastewater:
Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal
Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a
Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.
The above requirement does NOT apply to privately owned faciU es treating 100%
domestic wastewater, or facilities which discharge non process wastewater (cooling
water, filter backwash, etc.)
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee required with your
application package.
Send the completed renewal package to:
Charles H. Weaver
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
December 4, 2000
EDITH ELLEN BEAM
FA -BE Enterprises, Inc.
P.O. Box 177
DENVER, NC 28037
NCDENFZ
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Renewal Notice
NPDES Permit NCO072621
FA -BE Enterprises, Inc.
Lincoln County
Dear Permittee:
The subject permit expires on July 31, 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 February 1,
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 July 31, 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,
Charles H. Weaver, Jr.
NPDES Unit
cc: Central Files
sup-
NPDES File
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719
VISIT US ON THE INTERNET0 http://h2o.enr.state.nc.us/NPDES Charles.Weaver@ncmail.net
NPDES Permit NCO072621
FA -BE Enterprises, Inc.
Lincoln 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 b�, Industrial facilities discharging process
wastewater:
❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of
Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40
CFR Part 122.21. If the PPA is not completed within one week of February 1, 2001, submit the
application package without the PPA. Submit the PPA as soon as possible after February 1, 2001.
The above requirement does NOT apply to municipal or non industrial facilities.
PLEASE NOTE:
Due to a change in fees effective January 1, 1999, there is no renewal fee required with your
application package.
Send the completed renewal package to:
Mr. Charles H. Weaver, Jr.
NC DENR / Water Quality / NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
0
Date:
FACILITY NAME: Lq�'P�o� cqrP
NPDES PERMIT #: NC,00%r% (o9"`
DISCHARGE #: 0�0 I
L.
I, rd A B . Eea�
Perm ittee(please print or type)
1 )
sienatureorpermittee
Delegate signatory authority to.
rci
Printed Name v
i
i:natcrr
For submission of a DINIR monthly monitoring report form MR-1
and/or MR-3 as applicable to be fled with the DIVISION OF
WATER QUALITY, RALEIGH NC.
tic DEP . ; y'T ,�
AND NA �:SouRCii
WWRESI qAL OFFICE
APR 1 4 2004
WATT h T' SECTION
QG
O
Michael F. Er1ey,overnorv
rWilliam
G. Ross, Jr -Secretary
—{
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
June 9, 2003
Ms. Edith Beam
FA -BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
Subject: Notice of Deficiency
Compliance Evaluation Inspection
Lakewood Care Center WWTP
NPDES Permit No. NCO072621
Lincoln County, N.C.
Dear Ms. Beam:
Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection
conducted at the subject facility on June 5, 2003, by Mr. Wes Bell of this Office. Please inform the
facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report.
It is requested that a written response be submitted to this Office by June 30.2003, addressing
the deficiency noted in the Facility Site Review/Operations & Maintenance Section of the report.
In responding, please address your comments to the attention of Mr. Richard Bridgeman.
The report should be self-explanatory; however, should you have any questions concerning
this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699.
Sincerely,
�tinD. Rex Gleason, P.E.
Water Quality Regional Supervisor
Enclosure
cc: Lincoln County Health Department
1M. -11
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 NCDENR
!'HONE (704) 663-1699 Customer Service
=AX (704) 663-6040 1 800 623-7748
7N
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 N 2) C I 31 NC007262_ 111 12 01/06/05 117 18 I I 19' S I 20
U U l� Li
Remarks
211 111 1111 11111 111 11111, 11, III 1111, III III, 111,, 1 66
Inspection Work Days Facility Seff-Monitoring Evaluation Rating B1 QA —Reserved
671 1.5 169 70 I, I 71 I„ I 72 I„ LJ I 73 � 74 751 I I I I I I 180
U
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
11:25 AM 03/06/05
01/06/01
Fa Be Enterprises Incorporated
Exit Time/Date
Permit Expiration Date
7981M E Lincoln Optimist
Denver NC 28037
12:1C PM 03/06/05
CS/C2/26
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
Other Facility Data
William Edward Rogers/ORC/828-313-3387/
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Edith Ellen Beam,PO Box 177 Denver NC 28037//704-483-7000/
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters
Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
PERMIT:
The permit description adequately describes the facility.
RECORDS AND REPORTS:
The Operator -in -Responsible Charge (ORC)/daily operation and maintenance log, process control data, and
calibration data were reviewed at the time of the inspection. All reviewed records were well maintained.
(coast.)
FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE:
The process units appeared to be operating properly and the surrounding grounds were well maintained_
Although the mixed liquor suspended solids were
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Wesley N Bell MRO WQ//704-663-1699/704-663-6040
Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Pppppp,
NPDES ydmo/day Inspection Type (cont.) 1
31 NC0072621 I11 121 03/06/05 1 " 18 H
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
well mixed and adequately oxygenated, the mixed liquor color and odor did not appear normal. Soda Ash is
added to maintain aeration pH levels and enhance microbial treatment. Sludge clumping was observed in
the clarifier. Bar screenings are disposed at the county landfill. The process control program consists
of MLSS and settleability tests. This office recommends increasing the frequency of the process control
measurements. Sludge wasting is based on settleability tests. The facility is appropriately staffed
with certified operators.
One of the blower/motor units did not have a belt. The ORC was in the process of replacing the belt.
Please be advised that the NPDES Permit requires that the facility be properly operated and maintained at
all times.
LABORATORY:
Water Tech Labs, Inc., (Certification #50) in Granite Falls, North Carolina has been contracted to
provide analytical support. The ORC has been issued a laboratory certification (#5102) to perform
on -site field analyses. All laboratory instruments appeared to be properly calibrated.
EFFLUENT/RECEIVING STREAM:
The facility was not discharging at the time of the inspection. The receiving stream did not appear to
be negatively impacted.
SELF-N,ONITORING PROGRAM:
Self -monitoring reports were reviewed for the period April 2002 through March 2003, inclusive. No limit
violations were reported. All monitoring frequencies and sampling locations appeared correct; however,
the flow should be measured at the time of sampling for BOD, ammonia, TSR, etc. The on -site field
parameters appeared to have been collected and analyzed within the required holding times.
FLOW MEASUREMENT:
The flow is measured instantaneously by an effluent pump counters.
SLUDGE DISPOSAL:
Sludge is removed by Stanley Septic Service on an as -needed basis and disposed at a CMU WWTP.
Performance Annual Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
MP
FEB 2 7 2003
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
II. Performance
Text Summary of System Performance for Calendar Year 2002:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2002.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2002.
III. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
Responsible Person
Title
Entity
,+ _,
- a2� 43 NC DEPT- .
sv vvNt i rESOURCES
Date-'OORF'7 'JAL OFFIC9
MAR 18 2003
WATER QJIAI ITY gFCTIOH
Performance Annual Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Teat Summary of System Performance for Calendar Year 2002:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2002.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2002.
III. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
Responsible Person Date
Title
Entity
pppppppp,
Performance Annual Report
I. General Information -
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2002:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2002.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2002.
III. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
e" X1,eAW-/
Responsible Person Date
Title
Entity
V
t--P-
OF WAT �9QG Michael F. Easley
\ Governor
c William G. Ross, Jr., Secretary
>_ Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
April 1, 2002
Ms. Edith Beam
FA -BE Enterprises, Inc.
Post Office Box 177
Denver, North Carolina 28037
Subject: Compliance Evaluation Inspection
Lakewood Care Center WWTP
NPDES Permit No. NCO072621
Lincoln County, N.C.
Dear Ms. Beam:
Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection
conducted at the subject facility on March 21, 2002, by Mr. Wes Bell of this Office. Please inform
the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed
report.
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: Lincoln County Health Department
afl
Nff
Customer Service
1 800 623-7748
Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699
Fax (704) 663-6040
US Environmental Protection Agency, Washington, D.C., 20460 Form Approved.
g Water Compliance Inspection Report ffj-A*
OMB No.2040-0057
i NC Division of Water Quality / Mooresville Regional Office NCDENR Approval Expires 8-31-98
Section A• National Data S stem Coding
Y
Transaction Code NPDES No. Yr/Mo/Day Inspection Type Inspector Facility Type
N 5 NC0072621 02/03/21 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:
FA -BE Enterprises, Inc.
11:18 am
01/06/01
Lakewood Care Center WWTP
7981 Optimist Park Road
south of Denver
Exit Time/Date:
Permit Expiration Date:
Lincoln County, North Carolina
11/03/2148 am
OS/02/28
02/03
Name(s) of On -Site Representative(s)/Title(s)/Phone No(s)/Fax No(s):
Mr. Eddie Rogers/ORC/828-396-4444
Name and Address of Responsible Official: Title:
Ms. Edith Beam Permittee
FA -BE Enterprises, Inc.
Post Office Box 177 Phone No:
Denver, North Carolina 28037 704-483-7000
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
X Permit
X Records/Reports
X Facility Site Review
X Effluent/Receiving Waters
X Flow Measurement X Operations & Maintenance
X Self -Monitoring Program X Sludge Handling/Disposal
Compliance Schedules Pretreatment
X Laboratory Storm Water
Section D: Summary of Findings/Comments
See Attached Sheet(s) for Summary.
Contacted?
No
X Sewer Overflow
Pollution Prevention
Multimedia
Other:
Name(s) and Signature(s) of Inspectors: Agency/Office/Telephone No: Date:
Wes Bell CW -P/ NCDWQ/MOORESVILLE/(704)663-1699 3/25/02
Date:
Signature of Management QA Reviewer: I Agency/Office/Phone & Fax No: I Date:
EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete
Lakewood Care Center WWTP
Page Two
The facility was last inspected by Wes Bell of this office on October 23, 2000.
PERMIT:
The permit authorizes for the continued operation of an existing 0.012 MGD wastewater
treatment facility consisting of a manual bar screen, aeration basin with diffused aeration, clarifier,
chlorine contact chamber with tablet chlorination, and an effluent holding tank with dual effluent
pumps and a high water alarm.
The permit for this facility became effective on 6/1/01 and expires on 2/28/05. The review
period of the self -monitoring reports includes the requirements of the previously issued permit.
RECORDS AND REPORTS:
Records reviewed during the inspection included the Operator -in -Responsible Charge
(ORC)/daily operation and maintenance log, process control data, and calibration data. No
deficiencies were found.
FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE:
The process units appeared to be operating properly and the surrounding grounds were well
maintained. The mixed liquor suspended solids were well mixed and adequately oxygenated. Soda
Ash is added to maintain aeration pH levels and enhance microbial treatment. Bar screenings are
disposed at the county landfill. The process control program consists of MLSS and settleability
tests. Sludge wasting is based on settleable solids measurements.
The belt on one of the blowers need replacement. The filter also appeared to need
replacement/cleaning within the near future. Please be advised that the NPDES Permit requires that
the facility be properly operated and maintained at all times. The ORC indicated that the belt and
filter would be immediately replaced.
The facility is staffed with one Grade II ORC. A certified backup operator has been
designated and is available when the ORC is unable to visit the facility.
LABORATORY:
Water Tech Labs, Inc., (Certification #50) in Granite Falls, North Carolina has been
contracted to provide analytical support. The pH, TRC, and DO meters and thermometer appeared
to be properly calibrated; however, additional documentation will now be required due to the new
laboratory regulations that became effective on 10/1/01. The ORC and staff should view the
Division's Laboratory Certification Unit's website that contains the technical guidance for field
parameter testing (including proper instrument calibration and appropriate documentation) at
www.esb.enr.state.nc.us/lab/field parmguide.htm. Mr. Chet Whiting with the Division's Laboratory
Certification Unit can be contacted at 704-663-1699 ext. 297 for additional guidance.
PPPP
Lakewood Care Center WWTP
Page Three
EFFLUENT/RECEIVING STREAM:
The facility was not discharging at the time of the inspection. The facility discharges into
Forney Creek, which is a Class C water in the Catawba River Basin. The outfall location was well
maintained and accessible. The receiving stream did not appear to be negatively impacted.
A review of the DMRs have indicated numerous TRC values in excess of 284g/l. Be aware
that a stream action level of 17µg/1 has been established for total residual chlorine for chronic
toxicity effects. An action level of 284g/1 has been set as the maximum allowable effluent
concentration to protect the receiving stream against acute toxicity effects. Please maintain the total
residual chlorine concentration as low as possible, while still complying with fecal coliform limits.
SELF -MONITORING PROGRAM:
Self -monitoring reports were reviewed for the period January 2001 through December 2001,
inclusive. No limit violations were reported. All monitoring frequencies were correct. The
permittee's address, phone number, and permit expiration data was not completed on the back of the
March and September 2001 DMRs. The permittee must insure that all DMRs are accurate and
complete before submittal to the Division.
The on -site field parameters appeared to have been collected and analyzed within the required
holding times.
FLOW MEASUREMENT:
The flow is measured instantaneously by an effluent pump counter.
SLUDGE DISPOSAL:
Sludge is removed by Stanley Septic Service on an as -needed basis and disposal at a CMU
WWTP.
SEWER OVERFLOW:
Please be advised that pursuant to Part II, Section E of your NPDES permit, and North
Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system,
pumping station or treatment facility resulting in a bypass without treatment of all or any portion of
the wastewater shall be reported to the central office or the appropriate regional office (Mooresville
Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the
permittee became aware of the bypass. Overflows and spills occurring outside normal business
hours may also be reported to the Division's Emergency Response personnel at 800-662-7956, 800-
858-0368, or 919-733-3300. A written report shall also be provided within five (5) days of the time
of the incident. The report shall contain a description of the bypass, and its cause; the period of the
bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time
it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence
of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water
already present in a conveyance, stream, ditch, etc...) or any spill greater than 1,000 gallons on the
ground that does not reach surface waters must be reported.
Lakewood Care Center WWTP
Page Four
SEWER OVERFLOW cont'd:
An adequate spill response for those spills reaching surface waters should include an
evaluation downstream of the point at which the spill entered surface waters to determine if a fish
kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and
pH measurements for background information and dissolved oxygen and pH measurements at
multiple points downstream of the entry point to document any negative impact. Failure to report
the bypass of collection system, pumping station or treatment facility subjects violators to penalties
of up to $25,000.00 per day per violation.
Performance Annual Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
L5
MAR — 7 2002
DENR - WATER QUA!!TY
PoiNT SOUFrCE BRANCR
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2001:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2001.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2001.
III. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
NC DEPT. Ur ENWRONA46,`,
AND NATURAL RESOURCES
11MESM1.1 r `1ONAL OFFICE
Responsible Person � - Date
Title � o L ti
Entity MAR 18 2003
Performance Annual Report
AND NATURAi nF:SOURCES
I. General Information MOORESVILI ' OFFICE
P°
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises MAR 18 2003
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NC0072621FA� , , 'P , I
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2001:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2001.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2001.
III. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
C - &�— � - �t-D 2--
Ae-sporw1ble Person Date
TitleE'v�� Cau
Entity
Performance Annual Report
I. General Information
Facility / System Name: Lakewood Care
Responsible Entity: Fabe Enterprises
Person in Charge/Contact: Edith Beam
Applicable Permit(s): NCO072621
.��. _ J
MAR 7 2002
L __
__
- Y.11 rEnoU.1!_ iY
Description of Collection System or Treatment Process:
Lakewood Care has a series of sewer lines that carry wastewater from the facility to a treatment plant
located on Forney Creek. The treatment plant is comprised of units which remove pollutants before the
water flows into the Forney Creek.
H. Performance
Text Summary of System Performance for Calendar Year 2001:
All the wastewater is treated and tested to meet specific state requirements. Weekly samples analyzed
showed the treated water to be in compliance with the permitted limits for each month during 2001.
List (by month) any violations of permit conditions or other environmental regulations. Monthly
Lists should include discussion of any environmental impacts and corrective measures taken to
Address violations.
There were no violations of permit conditions for Lakewood Care for the calendar year 2001.
in. Notification
State how this report has been made available to users or customers of the system and how those
users have been notified of its availability.
A copy of this report will be available and also posted in the front office for users awareness.
IV. Certification
I certify under penalty of law that this report is complete and accurate to the best of my knowledge.
I further certify that this report has been made available to the users or customers of the name
system and that those users have been notified of its availability.
1-40 02-PT. OFT
�/�,,,�� AiQ NATI.iRAL rKSOURGe:S
Respot�ible Person ( Date t*
Title
Entity
DEC 1 0 2002
EFF ENT
NPDES PERMIT NO.: NCO072621
FACILITY NAME: Lakewood Care
CERTIFIED LABORATORY. Water Tech Labs, Inc.
DISCHARGED ` W I
CLASS: I);OL i 4 Z010
KNW
JULQ Min
MONTH: MAY YEAR: 2010
COUNTY: Lincoln
OPERATOR IN RESPONSIBLE CHARGE (ORC):
Dusty K. Metreyeon, Metwater Inc.
GRADE: 4 CERTIFICATION NO.
11697
PERSON(S) COLLECTING SAMPLES: Dougless Lee Jr., Water Tech Labs, Inc.
ORC PHONE: 704.506.4255
CHECK BOX IF ORC HAS CKANGED
Mail ORIGINAL and ONE COPY to:
[/
ATTN: CENTRAL FILES
x
l
DIVISION OF WATER QUALITY
(SIGN F OPERMM M
RLISPON LE CHAR E)
DATE
1617 MAIL SERVICE CENTER
BY THIS ATURE, I CERTIFY THAT THIS ORT IS
RALEIGH, NC 27699-1617
ACCURATE AND COMPLETE TO THE BEST O MY KNOWLEDGE.
50050
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ENTER PARAMETER
CODE ABOVE NAME ANDEFF
a
12
IlVF❑
❑uv
Z
HRS
I HRS
YB/N
I MGD
1 ° C I UNITS
UGfL
MG/L
MG/L
MG,'L
9/1001AL
MGfL
MG/L
MG/L
1
Saturday
2
Sunday
3
1100
0.5
Y
4
1100
0.5
Y
5
1100
0.5
Y
0.004
-
6
12 36
0.5
B
23.8 7.3
31
<2,0
<0.5
<2.5
27
7
13001
0.5
Y
26
8
Saturday
9
Sunda
10
1300
0.5
Y
11
1100
0.5
Y
1'2
1300
0.5
Y
13
1140
0.5
B
21.6 6.9
35
<2.0
<0.5
39.5
<1
14
1300
0.5
Y
0.004
25
15
Saturday
16
Sunday
17
1300
0.5
Y
18
1530
0.5
Y
0.004
19
1330
0.5
Y
20
1403
0.5
B
24.1 7.4
32
33.5
<0.5
11.1
270
21
f 000
0.5
Y-
30
22
Saturday
23
Sunday
24
14001
0.5
Y
25
1100
0.5
Y
26
1000
0.5
Y
27
124
00.5
B
27.8 7.5
29
<2.0
<0.5
5.8
6
28
1045
0.5
Y
0.004
26
29
Saturday
all
Sumlay
31
Holida
AVERAGE
0.004
24.3
32
8.4
0.2
14.7
15
MAXIMUM
0.004
27.8 7.5
35
33.5
<0.5
39.5
270
MII`EVIUM
0.004
21.6 6.9
29
<2.0
<0.5
<2.5
<1
Comp. (C)/Grab (G)
G
G G
G
G
G
G
G
Monthly Limit
0.012
N/A 6-9 SU
N/A
30 MG
12 MG
30 MG
200 /100 ML
Daily Maximun
N/A
N/A 6-9 SU
50 UG/L
45 MG,1
35MG
45 MG
400 / 100 N L
Frequency Inst.1/wk
I/wk
1/wk
2/wk
1/wk
1/wk
1/wk
1/ivk
DWQ Form MR-1 (11/04)
r•
Facility Status: (Please; heck one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) Er
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F-1
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part H.E.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
P- lD
i r i
Permittee Address Phone Number e-mail address Permit Expiration Date
Certified Laboratory (2)
ADDITIONAL CERTIFIED LABORATORIES
Certification No.
Certified Laboratory (3) Certification No.
Certified Laboratory (4)
Certified Laboratory (5)
PARAMETER CODES
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
"* ORC On Site?: ORC must visit facility and document visitation of facility as require per 15A NCAC 8G .0204.
** * Signature of Permittee: If signed by other than the permittee, then the delegat6a of�asignatory authority must be on
file with the state per 15A NCAC 2B .0506(bX2)(D).
;, Page 2
EFF NT
Milk
NPDES PERMIT NO.: NCO072621 1 U N 2 4 2 U 10 DISCHARGE NO.: 001 MONTH: APRIL YEAR: 2010
FACILITY NAME: Lakewood Care CLASS: H COUNTY: Lincoln
CERTIFIED LA130RATORY: Water Tech Labs, Inc.
OPERATOR IN RESPONSIBLE CHARGE (ORC): Dusty K. Metreyeon, Metwater Inc.
PERSON(S) COLLECTING SAMPLES: Dou less Lee Jr., Water Tech bs, Inc.
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES I x
DIVISION OF WATER QUALITY (SIG F PERAT(
GRADE: 4 CERTIFICATION NO. 11697
ORC PHONE: 704.506.4255
1617 MAIL SERVICE CENTER J U N 2 8 0TU BY SIGNA , I CERTIFY THAT THJA REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO TBE BEST OF MY KNOWLEDGE.
"'KNW
17 2010
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44
ENTER PARAMETER
CODE ABOVE NAME AND
EFFp
L`IF
..�
A
❑ W
disinfection
HRS
BRS
-TFON
MOD
0 C
UNITS
UGiL
bSG/L
MG/L
MG/L
A11CN)ha,
MG/L
MGlL
MG/L
1
1153
0.3
B
18.6
6.5
31
19.3
1
14.5
42
2
17301
0.5
Y
3
Saturday
4
Sunda
5
Holiday
6
1600
0.5
Y
9
12I0
0.5
Y
0.004
32
8
1117
0.4
B
20.4
7.3
36
3
<0.5
4.7
26
9
1030
0.5
Y
10
Saturday
11
Sunda
12
12151
0.5
Y
13
1615
0.3
Y
14
1430
0.5
Y
15
1343
0.5
B
18.4
7.4
25
2.2
� 0.5
6.2
310
16
1100
0.5
Y
0.004
22
17
Saturday
18
Sunday
19
1330
0.5
Y
20
1400
0.5
Y
21
f I00
0.5
Y
0.004
22
1334
0.4
B
17.6
7.3
32
22.8
<0.5
6
8
23
1500
0.5
Y
29
24
Saturday
25
Sunda
26
1430
0.5
Y
27
11001
0.5
Y
0.004
28
1200
0.5
Y
29
1215
0.3113
17.4
7.4
39
<2.0
<0.5
<2.5
17
30
1400
0.5
Y
28
31
AVERAGE
0.004
18.5
30
9.5
0.2
6.8
34
MA.V'IMUbi
0.004
20.4
7.4
39
22.8
1
14.5
310
MINIMUM
0.004
17.4
6.5
22
<2.0
<0.5
<2.5
8
Comp. (C)/Grab (G)
G
G
G
G
G
G
G
G
Monthly Limit
0.012
N/A
6-9 SU
N/A
30 MG
12 MG
30 MG
200 /100 NIL
Daily Maximun
N/A
N/A
6-9 SU
50 UG/L
45 NIG'I
35MG
45 MG,
400 / 100 ML
Frequency lInst.1/wk
1/wk
1/,,vk
2lwk
1/wk
1/wk
1/wk I
1/wk
DWQ Form MR-1 (11/04)
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) Ee�
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F-1
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part ILEA of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
(Required
electronically)
Permittee Address Phone Number e-mail address Permit Expiration Date
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DW for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation offacility as required per 15A NCAC 8G .0204.
** * Signature of Permittee: If signed by other than the permittee,Qlien tpeM Lion of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2
01
/Z
EFF ENT
NPDES PERMIT NO.: NCO072621 DISCHARGE NO.: 001
FACILITY NAME: Lakewood Care CLASS: II
CERTIFIED LABORATORY: Water Tech Labs, Inc.
OPERATOR IN RESPONSIBLE CHARGE (ORC): Dusty K. Metreyeon, Metwater Inc
PERSON(S) COLLECTING SAMPLES: Dougless Lee Jr., Water Tech Labs, Inc.
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES x
DIVISION OF WATER QUALITY I OF OPERATi
KNw
MONTH: MARCH YEAR:
M,410 2 4 2010
COUNTY: Lincoln
Q A
J U gPf T: X j0 CERTIFICATION NO.
11697
RC PHONE: 704.506.4255
4 '// � - /C/)
1617 MAIL SERVICE CENTER BY SIGNATURE, I CERTIFY THAT THIS REPORT IS
RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
50050
00010
00400
50060
00310
00610
00530
31616
00300
00600
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ENTER PARAMETER
CODE ABOVE NAME AND
EFF1
F
a
tid
❑Uv
abinf-tioo
HRS
I HRS
YB/N
MOD
0 C
UNITS
UG/L
MOIL
MOIL
MOIL
41100ML
MG L
MGil,
MOIL.
1
12001
0.8
Y
2
11001
0.8
Y
3
1200
0.8
Y
4
1345
0.4
B
5.6
7.4
32
12.5
<0.5
8A
8
5
1445
0.5
Y
0.006
28
6
Saturday
7
Sunda
8
13001
0.5
Y
9
1615
0.5
Y
32
10
1400
0.5
Y
0.006
11
1323
0.4
B
7.4
7.4
36
6
<0.5
111
7
12
1100
0.5
Y
13
Saturday
14
Sunda
15
10301
0.8
Y
16
1030
0.5
Y
0.004
17
1000
0.5
Y
18
1328
0.4
B
8.7
7.3
31
2
<0.5
9.5
8
19
1330
0.5
Y
26
20
Saturday
2I
Sunday
22
1200
0.5
Y
23
1130
0.8
Y
24
1450
0.5
Y
25
1215
0.3
B
17.3
6.3
35
<2.0
1.5
19
<1
26
1530
0.5
Y
0.006
28
27
Saturda
28
Sunda
29
13301
0.5
Y
30
1500
0.S
Y
26
31
13151
0.5
1'
0.006
AVERAGE
0.006
9.8
30
5-11
0.4
12
5
MAXIMUM
0.006
17.3
7.4
36
12.5
1.5
191
8
MINIMUM
0.004
5.6 j
6.3
26
<2.0
<0.5
8.4
<1
Comp. (C)/Grab (G)
G
G
G
G
G
G
G
G
Monthly Limit
0.012
N/A
6-9 SU
N(A
30 MG
N/A
30 MG
200 /100 ML
Daily Maximun
N/A
N/A
6-9 SU
50 UG/L
45 MG
N/A
45 MG
400 / 100 ML
itittl
Frequency
Inst. i /wk
1 /wk
1 /wk
2/wk
I /wk
1 /wk
1 /wk
1 /wk
DWQForm MR-1 (11/04)
Facility Status: (Please 4ck one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements a
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part H.E.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
Permittee (Please print or pe)
`Sig9ollre o ermittee * * * Date
equired unless submitt electronically)
Peanittee Address Phone Number e-mail address Permit Expiration Date
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.ennstate.nc.g was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
"* ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC SG .0�2�04.
** * Signature of Permittee: If signed by other than the permittee, then the delegation of the signatw au�jdTit;,Fl 4t be on
file with the state per 15A NCAC 2B .0506(bX2)(D).
SF" lftiu ,} .: J :. Page 2
EF UENT Q A,
APR 2 1 2010
KNW
APR 14 204,
NPDES PERMIT NO.: NCO072621 DISCHARGE NO.: 001 MONTH: FEBRUARY YEAR: 2010
FACILITY NAME: Lakewood Care CLASS: II COUNTY: Lincoln
CERTIFIED LABORATORY: Water Tech Labs, Inc.
OPERATOR IN RESPONSIBLE CHARGE (ORC): Dusty K. Metreyeon, Metwater Inc. GRADE: 4 CERTIFICATION NO. 11697
PERSON(S) COLLECTING SAMPLES: Do_ ugless Lee Jr., Water Tech Labs, Inc. ORC PHONE: 704.506.4255
CHECK BOX IF ORC HAS CHANGED
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES I x
DIVISION OF WATER QUALITY ADAIE
1617 MAIL SERVICE CENTER BY T SIGNATURE, I CERTIFY THAT HIS REPORT IS
RALEIGR NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
50050
00010
00400
1 5006W0
00310
00610
00530
31616
00300
00600
00665
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ENTER PARAMETER
CODE ABOVE NAME AND
EFF 11
❑
aF
A
❑Uv
dlsiafkdon
HRS
HRS
Y/B/N
MOD
C
UNITS
UG/L
MG/L
MG/L
MG/L
N/100ML
MG/L
MG/L
MG/L
1
1320
0.8
Y
2
1500
0.8
Y
3
1100
0.8
Y
0.004
4
1329
0.3
B
6
7.2
31
<2.0
7.1
9.1
250
5
1100
0.8
Y
27
6SATURDAY
7
SUNDAY
JY
8
1200
0.8
Y
9
1320
0.8
Y
0.004
10
1100
0.8
Y
H
1410
0.3
B
7.3
7.3
30
9.3
<0.5
5.71
85
12
1030
0.8
Y
28
13
SATURDAY
14
SUNDAY
15
10301
0.8
Y
16
1400
0.8
Y
17
1000
0.8
Y
18]354
0.3
B
5.8
7.3
28
28.1
4.9
29
320
1900
0.8
Y
0.004
<20
20
SATURDAY
21
SUNDAY
22
1500
0.8
Y
23
1330
0.8
Y
0.004
24
1130
0.8
Y
25
1348
0.3
B
4.1
7.3
27
<2.0
<0.5
12
7
26
1130
0.8
Y
24
27
SATURDAY
28
SUNDAY
AVERAGE
0.004
5.8
241
9.4
3
14
83
MAXIMUM
0.004
7.3
7.3
31
28.1
7.1
29
320
MINIMUM
0.004
4.1
7.2
<20
<2.0
<0.5
5.7
7
Comp. (C)/Grab (G)
G
G IG
G
G
G
G
G
Month) Limit
0.012
N/A 16-9
SU
N/A
30 MG
12 MG
30 MG
200 /1000 ML
Daily Maximun
N/A
N/A
6-9 SU
50 UG/L
45 MG
35 MG
45 MG
400 / 100 NIL
Frequency
Inst.1/wk
1/wk
1/wk
2/wk
1/wk
1/wk
1/wk
1/wk
DWQ Form MR-1 (11/04)
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) I
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F-1
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
M
Permittee Address
Certified Laboratory (2)
Certified Laboratory (3)
Permittee (Please print or
electronically)
Number e-mail address Permit Expiration
ADDITIONAL CERTIFIED LABORATORIES
Certification No.
Certification No.
Certified Laboratory (4) Certification No.
Certified Laboratory (5)
PARAMETER CODES
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
-/v
WA
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
** ORC On Site?: ORC must visit facility and document visitation of facility a rlequite,1pgdjA NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on
file with the state per 15A NCAC 2B .0506(b)(2)(D).
Page 2
EFFL NT
NPDES PERMIT NO.: NCO072621 DISCHARGE NO.: 001
FACILITY NAME: Lakewood Care CLASS�:.g A
CERTIFIED LABORATORY: Water Tech Labs, hic.
OPERATOR IN RESPONSIBLE CHARGE (ORC): Dusty K.1 ye6,44"Ia, Inc.
PERSON(S) COLLECTING SAMPLES: Do_ugless Lee Jr., Water Tech Labs, Inc.
CHECK BOX IF ORC HAS CHANGED E5
Mail ORIGINAL and ONE COPY to:
ATTN: CENTRAL FILES x
DIVISION OF WATER QUALITY ( N O P TO1
1617 MAIL SERVICE CENTER BY SIGNA , I CERTIFY
RALEIGH NC 27699-1617 ACCURATE AND COMPLETE TO
KNVV
MAR-2 vit
MONTH: January YEAR: 2010
COUNTY: Lincoln
GRADE: 4 CERTIFICATION NO. 11697
ORC PHONE: 704.506.4255
/-"? �/ is
I THIS REPORT IS
BEST OF MY KNOWLEDGE.
50050
06010
00400
50060
00310
00610
00530731616�$
0O03�00
0Fd06a00
5
0O06i6'
0
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OU
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w
aas
ENTERPARAMETER
CODE ABOVE NAME AND
EFFM
INF❑
6 d
A rl
❑ W
disinfm ion
HRS
HRS
I YB/N
MOD
C
UNITS
U6/L
MO/L
MofL
Mo/L
0/100ML
MOIL
MQ/L
Mo/L
1
HOLIDAY
N
2
SATURDA
N
3
SUNDAY
N
4
1000
0.5
Y
51
1200
0.5
Y
6
1000
0.5
Y
0.003
22
7
1100
0.3
B
3.7
7.3
34
5
<0.5
10.2
<1
8
1000
0.5
Y
9
SATURDA
N
10
SUNDAY
N
11
1100
0.5
Y
12
1100
0.5
Y
0.004
13
1500
0.5
Y
14
1130
0.3
B
3.8
7.1
34
5.5
<0.5
7
260
15
1200
0.5
Y
28
16
SATURDA
N
17
SUNDAY
N
18
HOLIDAY-MLK
19
15001
0.5
Y
0.004
20
11001
0.5
Y
21
1345
0.4
B
6.4
7.4
37
<2.0
<0.5
14
17
22
1100
0.5
Y
28
23
SATURDA
N
24
SUNDAY
N
25
1100
26
1100
0.3
Y
27
1200
0.3
Y
28
1340
0.4
B
6.21
7.3
33
7.6
<0.5
10.7
34
29
1130
0.5
Y
0.004
28
30
SATURDA
N
31
SUNDAY
N
AVERAGE
0.004
5
31
4.5
0
10.5
20
MAXIMUM
0.004
6.4
7.4
37
7.6
<0.5
141
260
MINIMUM
0.0031
3.7
7.1
22
<2.0
<0.5
7
<1
Comp. (CYGrab (G)
G
G
G
G
G
G
G
G
Monthly Limit
0.012
NIA
6-9 SU
N/A
30 MG
12 MG
30 MG
200 /1000 ML
Dally Maximun
N/A
N/A
6-9 SU
50 UG/L
45 MG
35 MG
45 MG
400 / 100 ML
Frequency
Inst_ I/wk
1/wk
1/wk
2/wk
1/wk
1/wk
1/wk
1/.k
DWQ Form MR-1 (11/04)
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages, if applicable) u
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements F-1
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.
If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for
improvements to be made as required by Part II.E.6 of the NPDES permit.
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
Permittee (Please 'nt o type)
Ic SigIlAure ofuetmrtttee"Y Date
equired unlfelss submitted electronically)
r
2e 210140
Permittee Address Phone Number e-mail address Permit Expiration Date
Certified Laboratory (2)
Certified Laboratory (3)
Certified Laboratory (4)
Certified Laboratory (5)
ADDITIONAL CERTIFIED LABORATORIES
PARAMETER CODES
Certification No.
Certification No.
Certification No.
Certification No.
Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface
Water Protection Section's web site at h2o.enr.state.nc.uslwas and linking to the unit's information pages.
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be
entered for all of the parameters on the DMR for the entire monitoring period.
'x ORC On SYte?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204.
*** Signature of Permittee: If signed by other than the permittee, then the delegation of -the signatory authority must be on
file with the state per 15A NCAC 2B .0506(bx2)(D). " ` ' l
Page 2