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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 ` Internet: wvvw.ncwaterquality.org atura!!rf An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper ppppppp, 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. ,.. Q� 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/ STA' C IN THl OF C11 FA -BE the ci a OF NORTH CAROLL'vA DEFARIENT 6F �LTIVIRONTMENT TY OF LD COLN AND NATURAL RESOURCES MATTER OF ASSESSMENT rIL PENALTY AGAINST WAIVER OF RIGHT` T� AN ENTERPRISES, INC. ADMINISTRATIVE HEARING AND STIPULATION OF FACTS r NO. NCO072621 FILE NO, LV-2009-0185; P i 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 A T,r%-r--. kt 2009 Bx , D eoli 4W TELEPHONE I ❑ of does I all of r12009-08:50 FAX 7044833953 ASHEVILLE EAST j 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 08/19/2009 13:51 FAX 7044833953 ASHEVILLE EAST IA001/001 ; YP1�.�`..f1�' •rYrrn e� ek Yr, ` / /µ p y� 18850 wignm MC mue \R '�'' '�• +`� " •�' —DOLLARS' � �T j IKyiRlr�irColV� '•' 'I ,.. � VCO.R'. _�.._....__ � lb;00 1�!�.�r, ;s.C��'`d�0+.� O-C10 3 a 9.� 5 2.�' 08/24/2009 07:55 FAX 7044833953 ASHEVILLE EAST 001/001 .,. •rr' /are• .il`,�i.'i.r .�. !. Tom. '_... . DE;',, PM + DATE -�.l- L_�/ vioa DOLLARS �a>1kafer�ca� � .. ..•: • .' d �!+•�rrosooeotw• • , 'ano Lp�AD[ r ' � a o i • i } i i 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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N Cm N C E m 2 m 2 m N N- m E N -( A 4 -0 chm > O In m E O a) m a7 m mOUa) y mG 0m UmL E m m E ° E Y� � E o ° D Q N or 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? 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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 00010 1 00400 1 50060 00310 00610 00530 31616 00300 00600 00665 8 o * �3 O` x FLOW `'T� m Vo W 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 50050 00010 00400 50060 00310j 00610 1 00530 31616 00300 00600 00665 F 6 a o d �'v L c C O $ V FLOW v' x. A. .a W W x. o N z d� j Z Q W Wa h W Q O `° 'A W- Y& O G V W Z O Y m O A z F a F/., O a O 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 00665 e O c p x O FLOW O wa a Q y x U N W� o4 Qz qt F pyW rn e �pW T w� 5 WS 0 z U'ZQ �FO pC4 HO� ow„ 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 A� fi p C a O FLOW m x Q ] „ Ao N w.�W O� F FZA p�rWi� e �kp wO e >•�� F� F0 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 � OU " W F a CW�W4' V oOh� cN d FcC0"4 a w 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