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HomeMy WebLinkAboutNC0074012_Regional Office Historical File Pre 2018 (3)COU COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2- FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 �o?� cea�RECEIVED DEPARTMENT OF PUBLIC WORKS DIVISION OF �AIATER QUALITY PHONE (704) 736-8497 FAX (704) 736-8499 WWW.UNCOLN000NTY.ORG PUBLIMORKS()LINCOLNCOUNTY.ORG February 20, 2013 Mr. Tom Beinick NC Department of Environment and Natural Resources NPDES Section 1633 Mail Service Center Raleigh, NC 276WI633 Re: Lincoln County — Middle Fomey Creek WWTP Request to Rescind Permit NPDES Permit No. NCO074012 Dear Mr. Belnick: FEB 2 5 2013 uvvr' t +JN MOORESViLLE RL GONAL OFFICE Lincoln County hereby requests that NPDES Permit No. NCO074012 for the Middle Forney Creek WWTP be rescinded effective this date. Lincoln County terminated operations at this facility on October 4, 2012 and all incoming wastewaters were diverted to the IGllian Creek WWTP (NPDES Permit NCO088722) by utilization of the site pump station already in place. Lincoln County has now completed the closure activities associated with the Middle Forney Creek WWTP with this site now utilized as a pump station and the existing site building utilized by our utility maintenance department. All equipment and facilities formerly utilized for wastewater treatment have been removed and structures demolished. Thank you for your assistance on this matter. If you have any questions or need additional information, please call me at 704-736-8495. Sincerely, Donald V. Chamblee, Jr., Director of Public Wo Thomas F. Drum, ORC Middle Forney Creek WWTP cc: Mr. Michael Parker (DENR DWQ Regional Director, Mooresville, NC) Donna Hood, NCDENR, Mooresville Office -W� --k-- Zvi ?) `0 °ter COUNTY OF LINCOLN, NORTH CAROLINA 1 15 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 Ch RECEIVED DEPARTMENT OF PUBLIC WORKS DIVISION OF WATER OUALITY PHONE (704) 736-8497 FAX (704) 736-8499 December 20, 2012 Ms. Marcia Allocco NC DENR 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Liquid Biosolids Release Forney Creek WWTP NPDES Permit No. NCO074012 Dear Ms. Allocco: DEC 2 7 2012 SWP SECTION MOORESVILLE REGIONAL OFFICE This letter is to provide Lincoln County's formal documentation of events related to an accidental release of biosolids residuals at the Lincoln County Forney Creek WWTP on December 19, 2012. Mr. Bob Froneberger, P.E. with WK Dickson & Co. Inc. (our engineer on this project) provided the initial verbal notification to DENR on Lincoln County's behalf at approximately 4:30 pm on December 19, 2012. Lincoln County terminated treatment operations at the Forney Creek WWTP in early October by the transfer of all incoming wastewaters to the Killian Creek WWTP. The related closure and demolition activities by Hickory Construction Company (HCC) are currently ongoing with a projected completion in early January, 2013. At approximately 2:00 pm on December 19, Tommy Drum (the ORC for the Forney Creek WWTP facility) observed liquid biosolids residuals on the ground in the area of the former influent pump station currently being demolished with drainage to the adjacent storm ditch. These biosolids residuals were the final solids contained within the former influent pump station wet well from the final cleaning and residuals dewatering activities performed during the plant closure activities. They were to be removed and disposed off -site prior to final demolition of the structure. Upon investigation, it was determined that during preliminary demolition of the upper sections of the wet well, a backhoe operator had utilized a 1-1/2 cubic yard backhoe bucket to remove some of the demolition materials falling into the wet well and placed these material on the adjacent ground. This resulted in the release of an estimated liquid volume ranging from 600 to 2000 gallons. The liquid materials then drained to an adjacent dry weather storm ditch at a point approximately 30 feet upstream from the ditch confluence with Forney Creek. HCC was notified of the unauthorized release and immediately initiated the following cleanup actions: • Sand bags were employed to construct a temporary dam at the storm ditch confluence with Forney Creek minimizing the potential release into Forney Creek. This drainage ditch was dry upstream of release point on this date with no other flow. • Inspection of Forney Creek downstream of the ditch entrance revealed no visible evidence of the dark residual materials immediately after the construction of the temporary containment dam. x:\projects\fc wwtp closure\ncdenr12-20-12.doc CO- 0�G"r` COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 R' CAR�4 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 December 20, 2012 Page Two • Nine (9) HCC site employees with a backhoe, bobcat and shovels were then utilized to begin recovery actions of biosolids residuals present on the ground at approximately 3:30 pm. Cleanup operations continued until removal of all visible signs of the materials at approximately 5:00 pm. The recovered biosolids and contaminated soil materials were placed in a contained site depression and are to be transferred to a landfill disposal site. • Upon completion of the cleanup activities, lime was applied to all surrounding ground areas exposed to the biosolids to assist with disinfection. • A portable pump and piping were then employed to transfer the contained liquid biosolids residuals from the lower ditch backwater behind the temporary dam to a Lincoln County gravity sewer for transfer to the Killian Creek WWTP. Pumping operations were continued until there was not a sufficient liquid depth to maintain the pump suction. With no rain in forecast until late Thursday (December 20) and the remaining residual materials contained behind the temporary ditch dam, cleanup efforts were terminated at approximately 6:30 pm until Thursday morning. • Thursday (December 20) morning a small additional pump was employed by HCC in Forney Creek to provide a controlled release of surface water in the upper ditch area to assist in flushing remaining any remaining contaminated materials from the drainage channel with the second pump within the ditch continuing the transfer the water from the ditch containment to the Lincoln County gravity sewer. These pumping actions were continued until there was not visible sign of the released residuals. Attached are several photographs documenting the subject event and related cleanup efforts. We believe the prompt actions of both Lincoln County and Hickory Construction Company were instrumental in minimizing the potential impact of this unfortunate event. Should you have any questions regarding this event or need additional information, please contact me. Sincerely, .off V- Don Chamblee Director of Public Works Lincoln County x:\projects\fc wwtp c1osure\ncdenr12-20-12.doc # _ a,� �6 s' � '•r yet �t --0y Mr `�� ���r •�z � 6 ISM. 1 y r a ` ti4 Afto .r ON � d - . 1 �'� � � � -�� V •^ t Ott.`'. - "4 7 +. •,,� i -.. {. 4 F ' rI � - x� y_ •,tc s �.r� } i� � �}�.K� ,i��, ��r i lid � i fl �%1` 2 f 5r}�# - r �,c .,•�' a K'�TTi+��n�'"+,�, ,u'sL � t. �+}��iei,, �i ��ci,�p '� '` `. -,� `� 'Tfirl'-t��• `F,� r�� r-.y��' ��� �� s`ih3 r'�..��,:•,. iyi,a +l �,viir� ssF _� RkYiF �. .fT. �1•.J A.s :,*�' e Ak-lop ' = f - ♦ fr it 0 t� w ' ice. / � PW 4L A'N 4x- riy jl� TT5 �m ;�- Ak, M El- all 04, . . . . . . . . . . . COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2"D FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 CA4�y DEPARTMENT OF PUBLIC WORKS DIVISION of RECEIVED cR QUALITY PHONE (704) 736-8497 FAX (704) 736-8499 MAY 0 2 2012 May 1, 2012 NCDENR Division of Water Quality Attn: Donna Hood, State Inspector 610 E Center Ave, Suite 301 Mooresville, NC 28115 Dear Ms. Hood: 'i*-' - -EC T ION MOORESVILLE REGIONAL OFFICE I would like to take this time to introduce myself. I am Donald V. Chamblee, the new Public Works Director for Lincoln County. I have been authorized by the County, as Permittee, to sign all permits issued on all Public Works related projects, in lieu of the County Manager. Please direct all future correspondence to my attention. I look forward to meeting you in the near future. Sincerely, l� Donald V. Chamblee Director of Public Works DVC/amh x:larnanda's lenm\introduction letter donna hood.doc NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 22, 2011 BARRY MCKINNON LINCOLN COUNTY 115 W MAIN ST LINCOLNTON NC 28092 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Forney Creek WWTP Permit Number: NCO074012 Case Number: LV-2010-0154 Lincoln County Dear Mr. McKinnon: Dee Freeman Secretary IVED DIVISION OF WATER QUALITY AUG 3 G 2011 S'W''P SECTION MOORESdrILLE REGIONAL OFFICE This letter is to acknowledge receipt of check number 026361 in the amount of $585.37 received from you dated August 12, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org NaturallyAn Equal Opportunity 1 Affirmative Action Employer LPIA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 27, 2011 CERTIFIED MAIL 7009 1680 0002 2464 9617 RETURN RECEIPT REQUESTED Dee Freeman Secretary RECEIVED DIVISION 01:'A^ ATER QUALITY AUG - 3 2011 Mr. Barry L. McKinnon, P.E., Director S'V� ..:.: )N Lincoln County Department of Public Works MOORESViLLE REGIONAL OFFICE 115 West Main Street 2"d Floor Citizens Center Lincolnton, NC 28092 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCOO74O12 Lincoln County — Forney Creek WWTP Lincoln County Case Number LV-2010-0154 Dear Mr. McKinnon: 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 for remission and remitted $500.00 of the $1,085.37 civil penalty assessment. The revised civil penalty is therefore a total amount of $585.37, which includes $85.37 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 Compliance & Expedited Permits Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1e 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 one Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarolina Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.nnity \ Affirmative rg Action Naturally, An Equal Opportunity 1 Affirmative Action Employer Mr. Barry McKinnon, P.E. LV-2010-0154 Remission Decision p. 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 Compliance & Expedited Permits 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, 4 �ohn E. Hennessy, Supervisor Compliance & Expedited Permits Unit Attachments cc: Mooresville Regional Office — SWP Section' Enforcement File DWQ Central Files DIVISION OF WATER QUALITY CIVIL PENALTY REMISSION FACTORS Case Number: LV-2010-0154 Region: Mooresville County: Lincoln Assessed Entity: Lincoln County — Forney Creek WWTP Permit: NCO074012 ❑ (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 facility states that upon becoming aware of elevated ammonia levels in the effluent, it ordered and installed another floating aerator in the oxidation ditch, which brought ammonia concentrations back into compliance. It is agreed that the facility took prompt and effective action to ensure ammonia violations did not continue beyond the time frame for this assessment. The County has since placed a new WWTP in operation, which has reduced the loading on the Forney Creek plant and allowed it to remain in more consistent compliance. ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility has been assessed four times within the S years prior to this assessment; however, no additional penalties have been issued to the facility since this action was assessed. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ ,__/ Full Remission El Retain Enforcement Costs? Yes 5 No ❑ Partial RemissionH $ S^00 (Enter Amount) -7 �Coleen H. Sullins Date STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Lincoln County DWQ Case Number LV-2010-0154 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 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 corporation, partnership or municipality and are granted an opportunity io 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( O"" Mooresville Regional Office Division of Water Quality MEMORANDUM: DATE: June 17, 2010 FROM: Rob Krebs, SWP Regional Supervisor r TO: Bob Sledge THROUGH: Marcia Allocco SUBJECT: Request for Remission Lincoln County Public Works - Forney Creek WWTP NPDES Permit No. NCO074012 Case No.LV-2010-0154 Lincoln County MRO staff has reviewed the subject request for remission. Lincoln County Public Works does not dispute the violations. Weekly average ammonia nitrogen violations were not assessed in the case because they were not significantly over the permit limit; however, the monthly average limit violation was exceeded by 145%. The monthly average limit noncompliance would predict impact on the receiving stream due to ammonia toxicity (the facility does not have a toxicity monitoring requirement). The County did respond in a timely manner to install additional aeration in the treatment system to improve ammonia reduction. The impact of the aeration on the facility is evident in the March 2010 monitoring report which shows ammonia concentions to be well within the permit limits. Because Lincoln County did act in a timely manner some consideration should be given to a reduction in the penalty. However, because the violation is significant (145% over the monthly limit) a complete remission of the penalty would not be recommended. DWQ — CIVIL PENALTY REMISSION FACTORS Case Number: LV-2010-0154 Region: MRO County: Lincoln Assessed Entity: Lincoln County Public Works Permit: NC0074012 ❑ (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; ❑ (c) Whether the violation was inadvertent or a result of an accident; ❑ (d) Whether the violator had been assessed civil penalties for any previous violations; ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Regional Recommendation (Check One) Request Denied ❑ Full Remission ❑ Partial Remission Ej Central Office Recommendation (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ❑ Director's Decision (Check One) Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted $ Date Coleen H. Sullins, Director SkTxml NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director June 16, 2010 VIA E-Mail Mr. Barry L. McKinnon, P.E. Lincoln County Department of Public Works 115 West Main Street 2lad Floor Citizens Center Lincolnton, NC 28092 Subject: Remission Request of Civil Penalty Assessment Lincoln County — Forney Creek WWTP NPDES Permit NCO074012 Case Number LV-2010-0154 Lincoln County Dear Mr. McKinnon: Dee Freeman Secretary 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, W_� < 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, Ralegh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919.807.6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunily\ Affirmative Action Employer Nne orthCarolina Aaturall!f G� CO��T �o COUNTY OF LINCOLN, NORTH CAROLINA C', 1 1 S WEST MAIN STREET, 2N11 FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 Point Source Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 June 11, 2010 Re. Remission Request for LV-2010-0154 Dear Sirs, We are requesting a remission of the $1085.37 civil penalty assessed us due to exceeding our Ammonia -nitrogen limit in the month of February, 2010. We are basing our appeal on the fact that we "promptly abated continuing environmental damage" once we were aware of the problem. When we noticed the ammonia -nitrogen limit rising and beginning to exceed the weekly average in early February, we ordered and had in place by early March, another floating aerator in our Oxidation Ditch. Since the installation of this piece of equipment, we have maintained our ammonia -nitrogen level below the permit limits. We feel we have acted promptly and responsibly, and because of this prompt and responsible action, would like to see the civil penalty dismissed. If you have any further questions, please feel free to call me or contact me at ySincer McKinnon, P.E. Senior Utility Engineer JUN 162010 D�M1f�;•�y�;r��' � Q2JALrfY JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0154 Assessed Party: Lincoln County Public Works County: Lincoln Permit Number: NC0074012 Amount Assessed: $1085.37 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.I M were wrongfully implied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); -Z (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) STATE OF NORTH CAROLINA COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST LINCOLN COUNTY PUBLIC WORKS PERMIT NO. NC0074012 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2010-0154 Having been assessed civil penalties totaling S 1085.37 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 20, 2010, 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 , 2010 l BY ADDRESS TELEPHONE -70 q - 73� - ,;" 7 :1 -0 F: Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director May 20, 2010 CERTIFIED MAIL 7009 2250 0004 3265 6384 RETURN RECEIPT REQUESTED Mr. Barry McKinnon, Director of Public Works Lincoln County 115 West MainStreet Lincolnton, North Carolina 28098 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. NCO074012 Lincoln County Forney Creek WWTP Lincoln County Case No. LV-2010-0154 Dear Mr. McKinnon: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1085.37 ($1000.00 civil penalty + $85.37 enforcement costs) against Lincoln County Public Works. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for February 2010. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lincoln County Public Works violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Lincoln County Public Works: 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: http:i(portaLncdenr.orgr'v/eGivjg NorthCarolina Naturally An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper $ 0 For _2_ of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. 1000.00 For 1_ of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 1000.00 TOTAL CIVIL PENALTY $ 85.37 Enforcement costs. $ 1085.37 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. 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 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings. 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 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 wish to consider appplying 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 Marcia Allocco Acting 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 Outfall Date 001 2/14-20/10 001 2/21-27/10 001 2/10 ATTACHMENT A CASE NO. LV-2010-0154 Parameter Ammonia -nitrogen Ammonia -nitrogen Ammonia -nitrogen * Denotes civil penalty assessment Reported Value 9.97 mg/1 9.67 mg/1 *7.83 mg/1 Permit Limit 9.6 mg/l (weekly avg.) 9.6 mg/1(weekly avg.) 3.2 mg/1(monthly avg.) STATE OF NORTH CAROLINA COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST LINCOLN COUNTY PUBLIC WORKS PERMIT NO. NC0074012 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2010-0154 Having been assessed civil penalties totaling $ 1085.37 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 20, 2010, 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 , 2010 BY — ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2010-0154 Assessed Party: Lincoln County Public Works County: Lincoln Permit Number: NC0074012 Amount Assessed: $1085.37 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: Lincoln County Public Works Facility: Lincoln County Forney Creek WWTP County: Lincoln Case Number: LV-2010-0154 Permit Number: NC0074012 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, ammonia nitrogen in excess of permit limits would be predicted to cause toxic impacts to aquatic life downstream of the facility. Ammonia nitrogen will also cause a reduction in dissolved oxygen and lead to nutrient enrichment of the stream. 2) The duration and gravity of the violation; The violations occurred in month of February 2010. The monthly average effluent ammonia nitrogen limit was exceeded by 145%. The weekly average ammonia nitrogen limit was exceeded by 4% the week of 2/14-20/10 and 1% the week of 2/21-27/10. No civil penalties were assessed for the weekly average limit noncompliance. 3) The effect on ground or surface water quantity or quality or on air quality; No effect is expected on air quality or groundwater. Surface waters were most likely impacted by the discharge. Ammonia nitrogen is toxic to aquatic life, lowers available dissolved oxygen in the receiving stream, and causes nutrient enrichment and subsequent eutrophication. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. The violations were attributed to a equipment failure at the facility. An aerator was out of service over a two week period. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) 8) 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-2010-0204 Ammonia nitrogen noncompliance in 3/09. Paid 8/3/09 LV-2009-0291 Ammonia nitrogen noncompliance in 4/09. Paid 9/25/09 The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 1 hour at $32.54/hour SWP Regional Supervisor review: Clerical Support: Total: 'vlao I to Date 1 hour at $37.83/hour 1 hour at $15.00/hour $85.37 AZ*V�RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: ReportDate: 05/06/10 Page: 16 of 26 Permit: % MRs Between: 2-2010 and 2-2010 Region: Mooresville Violation Category: Limit Violation Program Category: NPDES WW Facility Name: % Param Name: `io County: % Subbasin: % Violation Action: to Major Minor: °/ PERMIT: NCO072621 FACILITY: Fa Be Enterprises Inc - Lakewood Care Center WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE ova OVER LIMIT VIOLATION TYPE VIOLATION ACTION 02 -2010 001 Effluent Chlorine, Total Residual 02/04/10 2 X week ug/I 28 31 10.71 Daily Maximum Exceeded No Action, BPJ 02 -2010 001 Effluent Chlorine, Total Residual 02/11/10 2 X week ug/I 28 30 7.14 Daily Maximum Exceeded No Action, BPJ PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation Lit - Z U / U C;' / S- 1 MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 02 -2010 001 Effluent Nitrogen, Ammonia Total (as 02/20/10 3 X week mg/1 9.6 9.97 3.82 Weekly Average Exceeded None v N) -Concentration 02 -2010 001 Effluent Nitrogen, Ammonia Total (as 02/27/10 3 X week mg/I 9.6 9.67 0.69 Weekly Average Exceeded None U N) - Concentration /DDU. o U 02 -2010 001 Effluent Nitrogen, Ammonia Total (as 02/28/10 3 X week mg/I 3.2 7.83 144.77 Monthly Average Exceeded None OY 37 N) -Concentration Ly-?.G'L?G- GZ51 tP%3L2 PERMIT: NCO025259 FACILITY: Carolina Water Service Inc Of NC - Lamplighter East COUNTY: Mecklenburg REGION: Mooresville Subdivision WWTP Limit Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 02 -2010 001 Effluent Chlorine, Total Residual VIOLATION UNIT OF DATE FREQUENCY MEASURE 02/01/10 2 X week ug/I CALCULATED LIMIT VALUE % OVER LIMIT 17 23 35.29 VIOLATION TYPE VIOLATION ACTION Daily Maximum Exceeded No Action, BPJ NCDENR North Carolina Department of Environment and Natural Resctrrces Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 22, 2011 H BURNS WHITTAKER LINCOLN COUNTY 115 W MAIN ST LINCOLNTON NC 28092 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Forney Creek WWTP Permit Number: NCO074012 Case Number: LV-2011-0175 Lincoln County Dear Whittaker: RECEIVED DIVISIrM OF WATER QUALITY AUG - 3 2011 'A SECTION MOOT a Z, ,i-LE REGIONAL OFFICE This letter is to acknowledge receipt of check number 026224 in the amount of $336.74 received from you dated July 15, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files resville or 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 NorthC/arolina Internet: www.ncwaterquality.org Naturally An Equal Opportunity `, Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 28, 2011 CERTIFIED MAIL 7010 0290 0000 4565 0427 RETURN RECEIPT REQUESTED Mr. H. B. Whittaker, P.E. Public Works Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 I � Dee Freeman Secretary 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. NCO074012 Lincoln County Forney Creek WWTP Lincoln County Case No. LV-2011-0175 Dear Mr. Whittaker: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $336.74 ($250.00 civil penalty + $86.74 enforcement costs) against Lincoln County. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for March 2011. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lincoln County violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Lincoln County: 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. http:llportal.ncdenr.orglweGiwrl o e NhCarolina Naturally An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper 11 $ 250.00 For _1_ of the one (1) violation of G.S. 143-215. 1 (a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for total suspended solids. $ 250.00 $ 86.74 $ 336.74 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 R 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. V� 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 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 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 applyin 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) Marcia Allocco Acting Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Mooresville Regional Office Compliance File w/ attachments Raleigh Compliance/Enforcement File w/ attachments Central Files w/ attachments jl V. Outfall Date 001 3/20-26/11 ATTACHMENT A CASE NO. LV-2011-0175 Parameter total suspended solids * Denotes civil penalty assessment Reported Value * 64 mg/l (weekly average) Permit Limit 45 mg/1 (weekly average) STATE OF NORTH CAROLINA COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST LINCOLN COUNTY PERMIT NO. NC0074012 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2011-0175 Having been assessed civil penalties totaling $ 336.74 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 28, 2011, 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 52011 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2011-0175 Assessed Party: Lincoln County County: Lincoln Permit Number: NC0074012 Amount Assessed: $336.74 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of 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. 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 penaltyprevent 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: 1) 2) 3) 4) 5) NORTH CAROLINA DIVISION OF WATER QUALITY Lincoln County Lincoln County Forney Creek WWTP Lincoln LV-2011-0175 NC O074012 ASSESSMENT FACTORS 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. The discharge of total suspended solids (TSS) in excess of weekly average permit limits could be expected to cause a decrease in available dissolved oxygen downstream of the discharge and an increase in turbidity. The BOD values were reported as >15 mg/1 on 3/22/11, >14.6 mg/1 on 3/23/11, and >15.8 mg/l on 3/24/11. It is unknown what the actual effluent oxygen demand was because the BOD test dilutions were not properly set up by the on -site laboratory. The duration and gravity of the violation; The violations occurred during the week of 3/20-26/2011. The weekly average TSS was reported as 64 mg/1 which is 42% over the permit limit. Measures were taken by facility staff to return the facility to compliance the following week. The effect on ground or surface water quantity or quality or on air quality; No effect is expected on ground water or air quality. Surface waters were likely to have been impacted by the discharge. TSS in excess of the permitted weekly average limit would be expected to increase instream turbidity and lower the available dissolved oxygen concentration subsequently stressing aquatic life. The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 7) 8) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The facility had no civil penalty assessments in the previous 12 month period. The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 1 hour at $33.19/hour SWP Regional Supervisor review: Clerical Support: Total: Date 1 hour at $38.55/hour 1 hour at $15.00/hour $86.74 Acting RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date: 06/14/11 Page: 6 of 8 Permit: % MRs Between: 3-2011 and 3-2011 Region: Mooresville Violation Category: Limit Violation Program Category: NPDES WW Facility Name: % Param Name: `%o County: ° > Subbasin: % Violation Action: None Major Minor: PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation LV - Zoe/ -y i - 5 MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION .Zb7j. Ob 03 -2011 001 Effluent Solids, Total Suspended - 03/26/11 3 X week mg/I 45 Concentration 64 42.22 Weekly Average Exceeded None o 74 n10 �2t✓�v�ous l:yG C/�S� -hl /Z 1'j'on �S 3b6.7� PERMIT: NCO025259 FACILITY: Carolina Water Service Inc Of NC - Lamplighter East COUNTY: Mecklenburg REGION: Mooresville Subdivision WWTP Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 03 -2011 001 Effluent Flow, in conduit or thru 03/31/11 Continuous mgd 0.07 0.074 5.76 Monthly Average Exceeded None treatment plant ;AFi NCD N North Carclina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Burns Whittaker, P.E. Director of Public Utilities County of Lincoln 115 West Main Street Lincolnton, NC 28092 Dear Mr. Whittaker: Division of Water Quality Coleen H. Sullins Director May 11, 2011 Subject: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, North Carolina Dee Freeman Secretary Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on April 20, 2011 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in - Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any. questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Section Enclosure DH 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.ncwaterqualiry.org One NorthCarolina An Equal Opportunity \ Affirmative Action Employer — 50% Recycled11046 Post Consumer paper United States=nvironmentai Protection Agency Form Approved. EPA Washington, D.C. 2C460 OMB No. 2040-0057 \/dater Compliance Inspection Re crt Approval expires 8-31-98 Section A: National Data System Codinc (i.e, PCS) Transaction Code NPDES yr/molday Inspection Type Inspector Fac Type 1 I NI 2 15I 31 N00074012 Ill 121 11/04/20 117 18I CI 191 SI 201 - Remarks 211 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ]_J 6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA- 67 I 2.0 169 70 1 4 I 711 I 72 I N I 73 f I' 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) 11:00 AM 11/04/20 10/08/01 Forney Creek WWTP Exit Time/Gate Permit Expiration Date Little Egypt Rd Denver NC 28037 03:00 PM 11/04/20 15/02/28 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Thomas Franklin Drum/ORC/704-822-9667/ Name, Address of Responsible Official/Title/Phone and Fax Number H Burns Whittaker,115 W Main St Lincolnton NC Contacted 28092//704-736-8495/7047368449 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 Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna H d MRO WQ//704-663-1699 Ext.2193/ Si nature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r `� 1`( Lt ) Marcia` Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type ` 3I NCO074012 I11 121 11/04/20 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Page # 2 Permit: NCO074012 Inspection Date: 04/20/2011 Permit Owner- Facility: Forney Creek'NWTP Inspection Type: Compliance Evaluation (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: The new pump station that diverts flow from Forney Creek to Killian Creek VWVfP has been completed. The facility's effluent flows have been reduced to approximately 0 .3 mgd with all other flow now being redirected to Killian Creek VWVTP. Yes No NA NE ❑ ❑ ■ ❑ ■ n n n 0 M 0 0 ■nnn ■nnn Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility appeared well maintained and operated at the time of the inpection. 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 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 ❑ ■ ❑ 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 Page # 3 C Permit: NCO074012 Owner - Facility: Forney Creek wVVTP Inspection Date: 04/20/2011 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n Cl Comment: DMRs for February 2010-February 2011 were reviewed for the inspection. The following violations were observed during the review period: February 2010: 2 weekly average and the monthly average violation for ammonia nitrogen February 2011: no effluent DOs were reported, white out on the DMR. The ammonia nitrogen violation was handled under prior cover. All effluent DO analyses for February 2011 were observed during the file review portion of the inspection. Please submit an amended DMR for February 2011 including all mistakenly omitted DO values. Please do not use white -out for any error correction. Error correction is to be performed by drawing a single line through the mistake, writing the initials of the person correcting the mistake, and then writing the correct value. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ■ n n n # Is the facility using a contract lab? ■ n n n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ■ n n n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ■ n n Cl Comment: Laboratory analyses are performed by the Forney Creek/Killian Creek Lab (#558). Pace Labs (#12) performs any other necessary analyses. Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n 0 n Is the mixing adequate? ■ n n n Is the site free of excessive foaming in the tank? ■ n n n # Is the odor acceptable? ■ n n n # Is tankage available for properly waste sludge? ■ n n n Comment: Chemical Feed Yes No NA NE Is containment adequate? ■ n n n Is storage adequate? ■ n 110 Page # 4 Permit: NC0074012 Inspection Date: 04/20/2011 Owner - Facility: Forney Creek '/VWTP Inspection Type: Compliance Evaluation Chemical Feed Yes No NA NE Are backup pumps available? ■ n n n Is the site free of excessive leaking? ■ n n n Comment: Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ n n n 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 n Is audible and visual alarm available and operational? ■ ❑ n n Comment: Yas Nn NA NF Type of bar screen a.Manual n b. Mechanical ■ Are the bars adequately screening debris? ■ n n ❑ Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ ❑ n n Is the unit in good condition? ■ n n n Comment: Screenings are disposed of by Waste Management at the Lincoln County landfill. .. .. .. Vac Nn NA NF Type of grit removal a. Manual n b. Mechanical ■ Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n n n # Is disposal of grit in compliance? ■ n n n Comment: Grit is disposed of by Waste Management at the Lincoln County landfill. Page # 5 Permit: NCO074012 Owner - Facility: Forney Creek VVVVrP Inspection Date: 04/20/2011 Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE ■ n 0 n Are the aerators operational? Are the aerators free of excessive solids build up? ■ n n n # 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 1 n ■ n n ❑ Is the DO level acceptable? _ Are setteeometer results acceptable (> 30 minutes)? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ n n n Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) 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 n ■ n n n Are weirs level? Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n ❑ n ■ Cl n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? Is the drive unit operational? ■ n 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 effluent was clear on the day of the inspection. Yes No NA NE Disinfection -Gas ■ n n n Are cylinders secured adequately? ■ n ❑ n Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n n n n ■ Is there chlorine residual prior to de -chlorination? Page # 6 Permit: NCO074012 Inspection Date: 04/20/2011 Owner - Facility: Forney Creek VWVfP Inspection Type: Compliance Evaluation Disinfection -Gas Yes no NA Nt Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? n ❑ ■ n If yes, then is there a Risk Management Plan on site? n n ■ n If yes, then what is the EPA twelve digit ID Number? (1000- -� If yes, then when was the RMP last updated? Comment: De -chlorination Yes No NA NE Type of system ? Chlorine Is the feed ratio proportional to chlorine amount (1 to 1)? ■ 71 n n Is storage appropriate for cylinders? ■ n n n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? n n ■ n Are tablet de -chlorinators operational? n n ■ n Number of tubes in use? Comment. - Solids Handling Equipment Yes No NA NE Is the equipment operational? n ■ n n Is the chemical feed equipment operational? n ■ n n Is storage adequate? ■ n n n Is the site free of high level of solids in filtrate from filter presses or vacuum filters? n n ■ n Is the site free of sludge buildup on belts and/or rollers of filter press? n n ■ n Is the site free of excessive moisture in belt filter press sludge cake? n n ■ n The facility has an approved sludge management plan? ■ n n n Comment: The DAF unit was inoperable at the time of the inspection and awaiting piping repairs. The facilty had extra solids storage capabilities with the sludge storage tank and digesters. Flow Measurement - Influent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n 00 Page # 7 Permit: NCO074012 Owner - Facility: Forney Creek WWTP Inspection Date: 04/20/2011 Inspection Type: Compliance Evaluation Flow Measurement - Influent Yes No NA NE (If units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: The flow meter was last calibrated by KNC, Inc on 4/7/2011. Influent Samplin # Is composite sampling flow proportional? ■ n n n Is sample collected above side streams? ■ ❑ n n Is proper volume collected? ■ n n n Is the tubing clean? ® n n n # Is proper temperature set for sample storage, (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Is sampling performed according to the permit? ■ n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n n n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: The receiving stream appeared unaffected by the discharge on the day of the inspection. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ n n n Is the tubing clean? ■ n n 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: Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n n ■ n Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ ❑ n n Page # 8 Permit: NC0074012 Inspection Date: 04/20/2011 Owner - Facility: Forney Creek MNTP Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n ❑ Cl Is the generator fuel level monitored? ■ n n n Comment: Upstream / Downstream SamDlina Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type, and sampling location)? ■ n n n Comment: Page # 9 WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGNATION FORM WPCSOCC NCAC 15A 8G .0201 Permit Owner/Officer Name: H. Burns Whittaker, PE, Director of Public Works Mailing Address: H 5 West Main Street City: Lincolnton State: NC Zip: 28092 Telephone Number: (704) 732-9014 Fax Number: (704) 736-8499 Signature: Date: H. urns Whittak , hector of Public Works --------------------------------------------------------------------------------------------------------------------------------- Facility Information: Facility Name: Middle Forney Creek, WWTP, 7533 South Little Egypt Road, Stanley, NC 28164 Permit Number: NCO074012 County: Lincoln ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM! Facility Type & Grade: Grade Biological WWTP III Physical/Chemical Collection System Operator in Responsible Charge (ORC) Grade Surface Irrigation N/A Land Application N/A Print Full Name: Thomas F. Drum, IV Certificate Type/Grade/Number: WW3 Certificate No.: 987848 Work Telephone: (704) 822-9667 Signature: .�. `\ 1 V Date: 2! Z 3 I 1 I " I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." -------------------------------------------------------------------------------------------------------------------------------------------- Back-Up Operator in Responsible Charge (BU ORC) Print Full Name: James T. Simmons Certificate Type/Grade/Number: WW3 Certificate No.: 987129 Work Telephone: (704) 822-9667 Signature: %�G,-,�.�.-z,,_ Date: 9 f a 3/ l " I certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail or Fax to: WPCSOCC 1618 Mail Service Center Raleigh, NC 27699-1618 Fax: 919/733-1338 Revised 1-2010 CO COUNTY OF LINCOLN, NORTH CAROLINA FORNEY CREEK WASTEWATER PLANT, 7533 SOUTH LITTLE EGYPT ROAD, STANLEY, NORTH CAROLINA 28164 KILLIAN CREEK WASTEWATER PLANT, 6781 OLD PLANK ROAD, STANLEY, NORTH CAROLINA 28164 CAROB RECEIVED DIVISION, OF WATER QUALITY DEPARTMENT OF PUBLIC WORKS FORNEY CREEK WWTP PHONE: (704) 822-9667 FAX: (704) 736-8499 KILLIAN CREEK WWTP PHONE: (704) 748-2314 FAX: (704) 735-0163 January 7, 2011 NCDENR Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, NC 28115 TO WHOM IT MAY CONCERN: JAN 13 2011 M OORES;fILLE: REGIONAL OFFICE i.j1 IW` I, Lawson Starnes, will be resigning as ORC for Forney Creek Wastewater Treatment Plant and for Killian Creek Wastewater Treatment Plant. The effective date is January 7, 2011. Sincerely, c) Lawson Starnes Wastewater Treatment Superintendent f L i-IN c Lj %'_ A *�'A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 25, 2009 STEPHEN A GILBERT LINCOLN COUNTY 115 W MAIN ST LINCOLNTON NC 28092 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Forney Creek WWTP Permit Number: NCO074012 Case Number: LV-2008-0335 Lincoln County Dear Mr. Gilbert: iW 7�..r; {:. i t SEP 3 0 K09 Dee Freeman Secretary This letter is to acknowledge receipt of check number 023336 in the amount of $1,090.40 received from you dated September 21, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files ville Regional Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service:1-877-623-6748 - N01ffiCarofin . Internet: www.ncwaterquality.org �/r� //_ , An Equal Opportunity \ Affirmative Action Employer Nat[` lli NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 12, 2009 011` - T r,.. k, ? CERTIFIED MAIL 7003 0500 0002 6819 4023 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert, P.E., Public Works Director County of Lincoln 115 Main Street Lincolnton, NC 28092 Ld' x Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO074012 Lincoln County — Forney Creek WWTP Lincoln County Case Number LV-2008-00335 Dear Mr. Gilbert: Dee Freeman Secretary I have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $1,340.40 to the total amount of $1,090.40. If you choose to pay the modified 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 (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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NorthCarohna Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.nnity \ Affirmative Action Naturally An Equal Opportunity 1 Affirmative Action Employer VL Stephen A. Gilbert 2008-0335 Remission Decision 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) 807-6398. Sincerely, &Ie�enH. ullins attachments cc: Enforcement file Central Files DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2008-0335 _ Region: Mooresville County: Lincoln Assessed Entity: Lincoln Co. — Forney Creek WWTP Permit: NCO074012 ❑ (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 facility states that as soon as violations were noted in effluent discharges, it immediately began troubleshooting the problem, increased operational testing and called in a consulting engineer. It was discovered the WWTP lacked adequate dissolved oxygen to process current levels of ammonia entering the plant. The facility kept the MRO apprised of its investigation and findings and quickly moved to install additional aeration equipment once the deficiency was identified. Information provided by the facility indicates that it responded promptly to these violations without first being prompted by DWQ enforcement action. Situation resolved by the end of June 2008. ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission ❑ _.,Retain Enforcement Costs? Yes El No El Partial Remissio(Enter Amount) �2 C lYA - 11 On"H. Sul ' s Date Rev. 7/2007 Mooresville Regional Office Division of Water Quality MEMORANDUM: FROM: John Lesle TO: Bob Sledge THROUGH: Marcia Allocco Rob Krebs SUBJECT: Request for Remission Lincoln County Forney Creek WWTP NPDES Permit No. NCO074012 Case No.LV-2008-0335 Lincoln County MRO staff has reviewed the subject request for remission. The violator does not dispute the violations, but, is seeking remission claiming that the violator promptly abated continuing environmental damage resulting from the violation. Permit excursions of ammonia nitrogen occurred in May and June 2008. Based on the data submitted with the report it appears the WWTP was upgraded in 2006 but the aeration system was not sufficiently upgraded to properly treat the wastewater at concentrations that were actually coming into the facility (specific data for the WWTP was not used in calculating the oxygen requirements). This office does not recommend remission of the penalty. t n 1 J2G0� CO COUNTY OF LINCOLN NORTH CAROLINA R CA4�� ' FORNEY CREEK WASTEWATER TREATMENT PLANT, 7533 SOUTH LITTLE EGYPT ROAD, STANLEY, NC 28164 DEPARTMENT OF PUBLIC WORKS RECEIVE PHONE 704-822-9667 FAX 704-822-9668 October 9, 2008 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center 512 N. Salisbury Street Raleigh, North Carolina Raleigh, NC 27604 919-807-6300 SUBJECT: Request for Remission of Notice of Violation Case # LV-2008-0335 Dear Sir: OCT 1 0 2008 DWO-Surface Water Protec This is to request remission of the civil penalty noted in the above -captioned Notice of Violation. I am making this request due to the fact that continuing environmental damage was abated as quickly as possible by the following actions: - Immediately initiated trouble shooting of plant processes that may have caused ammonia reduction to decrease. - Increasing operational testing to discover why problem was occurring. - Enlisted consultation from Bob Froneberger, P.E. Project Manager with W.K. Dickson Engineers of Charlotte. They confirmed our earlier calculations that the plant was lacking adequate dissolved oxygen to process current levels of influent ammonia. Copies of his reports are attached. - Informed Donna Hood, of the Mooresville Regional Office, of temporary plant changes to solve problem. - Upon discovering root of problem all possible steps were made to obtain and install additional aeration equipment. - The additional aeration equipment provided the solution to the ammonia reduction problem. The period of time for the violation did extend over two reporting periods. However, since dissolved oxygen level was increased by additional aerators, the effluent ammonia level has been non detectable. We feel that the problem was addressed as quickly as possible, resulting in minimal environmental damage We appreciate your consideration of this request. Sincerely, &/' �?� / e /' � ,, z Stephen A. Gilbert, PE, PLS Public Works Director COP Att: Reports from WK Dickson Engineers JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0335 Assessed Party: East Lincoln County WSD County: Lincoln Permit Number: NC0074012 Amount Assessed: $1340.40 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission Waiver of ftht 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 cheek 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 penally 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); V" (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) pgyment of the civil penally wil prevent pUment for the remaining necess ga 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) STATE OF NORTH CAROLINA COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTY AGAINST ) EAST LINCOLN COUNTY ) WATER AND SEWER DISTRICT ) PERMIT NO. NCO074012 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACT FILE NO. LV-2008-0335 Having been assessed civil penalties totaling $ 1340.40 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 9, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ��. f o r— , 2008 t� BY ADDRESS Pug"L Worms, Q t !2. -CTV _ l5 IA16<;T KA-t(nJ 5TRe� r I.t r� co UJ-T©N , lU G 2-5ro q z TELEPHONE Z0q-73b-949S SWKDICKSON community infrastructure consultants Ms. Donna Hood NCDENR — Mooresville Office 610 East Center Ave — Suite 301 Mooresville, NC 28115 Re: Middle Forney Creek WWTP NPDES Permit No. NCO074012 WKD Project # 80289.00,CL Dear Ms. Hood: Per our telephone conversation of June 25, 2008, WK Dickson & Co., Inc. (WKD) was retained by Lincoln County to assist in an evaluation of NPDES permit excursions for ammonia nitrogen experienced in May and Tune, 2008 at the Middle Forney Creek WWTP. Actions taken in an effort to evaluate and correct this problem are summarized as follows: Immediate Operational Actions: a. Sludge wasting and recycle rates were reviewed and adjusted in an attempt to maintain sludge age at 10 day or below. b. Oxidation ditch pH levels were confirmed to be above 7.0 and samples of plant effluent were checked to determine that sufficient alkalinity was present for the nitrification reaction to be maintained. c. Dissolved oxygen levels in the ditch were determined to typically be 0.01 mg/I in outer channel, 0.09 mg/l in middle channel and 0.82 mg/I in inner channel indicative of inadequate oxygen transfer capacity. d. The Envirex "Orbal" disc aeration system process technical representative was contacted to review the low dissolved oxygen conditions. The representative also came to the site on July 16, 2008 to further evaluate the low dissolved oxygen level and provide recommendations for increasing the oxygen transfer capacity of the existing aeration equipment. e. The operating level of the aeration basin was checked and adjustments attempted to optimize disc submergence to maximize oxygen transfer efficiency for the existing disc aerators. 2. A review of the plant design and current loading determined the following: Design Parameter Flow Influent 8OD, influent NH3-N Req'd Oxygen 616 Colonnade Drive Charlotte, NC 28205 Tel: 704.334.5348 Fax: 704.334.0078 www.wkdickson.com Ordinal Plant Desig 0,75 mgd 250 mgfl 20 mg/I 103 Ibs/hr 2006 Plant Upgrade Design 0.975 mgd 250 mg/I 20 mg/I 134 lbs/hr Current Operational Condition 0.62 mgd 391 mg/l 35 mg/I 137 Ibs/hr Transportation . Water Resources . Urban Development . Geomatics 3'ti.d 66b892270L:Ol 8996228t7a2- N3360 A3N603:Woa-3 d2T:60 800P-f;-i-)n Design Parameter Original Plant 2006 Plant Current Operational Standard Oxygen Design 166 lbs/hr Upgrade Design 210 Ibs/hr Condition Transfer Rate (SOTR) 84 Orbal Discs 84 Orbal Discs ® 210210 Ib 84 Orbal Discs a Field Oxygen Transfer 51 �10& bs/h� b 55 rpm hr,±b 55 rpm & sub (FOTR) tbs 118 !bs/hr r ` Oxygen requirement is based upon 1.21 Ibs oxygen per pound of BODS and 4.6 Ibs of oxygen per pound of ammonia nitrogen. SOTR — Oxygen Transfer @ Standard Condition and Temperature FOTR — Oxygen Transfer a Field Transfer Elevation and Temperature (Alpha - 0.85, Beta — 0.95, Theata — 1.024, Temperature — 23 C and minimum oxygen in basin — 2.0) *' Oxygen available does not include recovered oxygen in nitrification reaction in Channel 1. Based upon the foregoing evaluations, it was concluded that there is insufficient oxygen transfer capacity available in the existing disc aeration system to meet the current oxygen transfer needs with the elevated BOD, and ammonia nitrogen loadings. As corrective actions to bring the plant back into compliance with the NPDES Permit limitations, Lincoln County has secured two (2) AEROMIX, 25 Hp "Turbocharged Tornado" floating aerators on lease agreement for temporary installation within the outer two channels the aeration basin. General descriptive literature of these aerators is attached. Upon installation and operational evaluation of these aerators, alternatives for the permanent correction to the oxygen deficiency will be evaluated and an engineering report submitted to DENR for approval of proposed permanent plant modifications. Should you have any questions regarding this temporary plant modification, please contact me at 704-227-3403. Sincerely, EWK Di kson & Co. I �7 - A . — Charles R. Froneberger, P.E. Project Manager cc: Mr. Steve Gilbert, P.E., PLS Mr. Pete Starnes, ORC 2/2'd 66b892Lb0L:01 8996228t702- N33aD A3Na0-�:W0a-:i dZT:60 8002-5-inn M E M O R A N D U M SWK DICKSON community infrastructure consultants 616 Colonnade Drive Charlotte, North Carolina 28205 704.334.6348 tel. 704.334.0078 fax TO: Pete Starnes, ORC Lincoln County Middle Forney Creek WWTP FROM: C.R. (Bob) Froneberger, P.E. DATE: June 27r 2008 RE: Aeration Evaluation Middle Forney Creek WWTP WKD Project No. 80289.00.CL ,�``s�su n r r rrir CARD, pQ.. S/p . This is to acknowledge that WK Dickson & Co., Inc. (WKD) has been retained to evaluate the NPDES permit excursions for ammonia nitrogen experienced in May, 2008 at the Middle Forney Creek WWTP. WKD was notified of the ammonia nitrogen permit excursions during the month of May, 2008 on June 6, 2008. Actions taken in an effort to correct this problem since that date are summarized as follows: 1. Immediate Operational Actions: a. Sludge wasting and recycle rates were reviewed and adjusted In an attempt to maintain sludge age between 10 and 15 days. b. Oxidation ditch pH levels were confirmed to be above 7.0 and samples of plant effluent were checked to determine that sufficient alkalinity was present for the nitrification reaction to be maintained. c. Dissolved oxygen levels in the ditch were determined to be 0.01 mg/i in outer channel, 0.09 mg/i in middle channel and 0.82 mg/I In Inner channel Indicative of inadequate oxygen transfer capacity. d. The Envirex "Orbal" disc aeration system process technical representative was contacted to discuss the process difficulties encountered and to request input as to available actions to increase oxygen transfer efficiency. e. The level of the aeration basin was checked and adjusted to the maximum operational elevation achieving a 19 inch disc submergence elevation to maximize oxygen transfer efficiency for the existing disc aerators. z/ T ' d 66b892Zt;702-: 01 8996228t702- A8980 1.8NdOd : WOa-d UT T :60 0aAP-f;- i -)n 2. A review of the plant design and current loading determined the following: Design Parameter Flow Influent BOD5 Influent NH3-N ROO Oxygen Standard Oxygen Transfer Rate (SOTR) Actual Oxygen Transfer (FOTR) Original Plant Design 0.75 mgd 250 mg/I 20 mg/I 103 ibs/hr 166 Ibs/hr 84 Orbal Discs 51 rpm & 20" sub 103 Ibs/hr ** 2006 Plant Uparade 0.975 mgd 250 mg/I 20 mg/I 134 Ibs/hr 210 Ibs/hr 84 Orbal Discs @ 55 rpm & 20" sub. 123 Ibs/hr ** Current Condition 0.62 mgd 391 mg/I 35 mg/I 137 Ibs/hr 210 ibs/hr 84 Orbal Discs @ 55 rpm & 19" sub 118 Ibs/hr ** " Oxygen requirement Is based upon 1.21 Ibs oxygen per pound of BOD5 and 4.6 Ibs of oxygen per pound of ammonia nitrogen. SOTR = Oxygen Transfer @ Standard Condition and Temperature FOTR = Oxygen Transfer @ Field Transfer Elevation and Temperature (Alpha = 0.85, Beta = 0.95, Theata = 1.024, Temperature = 23 C and minimum oxygen In basin = 2.0) `* Oxygen available does not Include recovered oxygen in nitrification reaction In Channel 1. Conclusion: There is insufficient oxygen transfer capacity in the existing Envirex Orbal disc aeration system to meet the current oxygen transfer needs under the elevated BOD5 and ammonia nitrogen loadings. 3. Aeration Industries Inc. and Aeromix Systems Inc. have been contacted requesting proposals for floating directional aerators to be provided on a rental basis for immediate Installation in the oxidation ditch to provide supplemental aeration. Equipment proposals are now being received and evaluated. d' Z ' d 66b892Lb0L :Ol 8996228baL A33aD A3NdOJ : WON A H T T : F;n o� �oGry Lincoln County Department of Public Works 1 1 5 West Main Street 2nd Floor Citizen's Center Lincolnton, NC 28092 Phone 704-736-8495 CARS Fax 704-736-8499 TO: NCDENR Division of Water Quality 610 East Center Street Mooresville, NC 28115 ATTENTION: Rob Krebs We are sending via: LETTER OF TRANSMITTAL DATE: 10/09/08 RE: Request for Remission of Notice of Violation Case #LV-2008-0335 —1 Overnight 0 Regular Mail F__] Pick-up F-1 Hand Delivered The following items: 0 Correspondence Plans Specifications 'AOther as listed below: COPIES DATE NO. DESCRIPTION 1 Justification for Remission Request 1 Waiver of Right to an Administrative Hearing and Stipulation Fact 1 Letter from WK Dickson 1 Aeration Evaluation THESE ARE TRANSMITTED as checked below: Please Analyze X For your use REMARKS: As requested For review and comment Approved as Returned for corrections submitted Approved as noted Forward to subcontractor Stephen A. Gilbert, PE, PLS COPY TO: SIGNED: Public Works Director O�O� W A T �qQG r o � October 10, 2008 Mr. Stephen A. Gilbert, P.E., Public Works Director County of Lincoln 115 Main Street Lincolnton, NC 28092 Subject: Remission Request of Civil Penalty Assessment Lincoln County — Forney Creek WWTP NPDES Permit NCO074012 Case Number LV-2008-0335 Lincoln County Dear Mr. Gilbert: 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 R7 IVEC OCT 1 ":98 avar'0 .!fare wc.f C eC : 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. Sincerely, JJ . �/ 1 Bob Sledge, Environmental Specialist Point Source Branch CC' nts Enforcement File w/originals Central Files w/attachments Nne or hCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/109/6 Post Consumer Paper "IN �C CO Jw+" 2�q CA�o���e COUNTY OF LINCOLN, N" LINA. FORNEY CREEK WASTEWATER TREATMENT PLANT, 7533 SOUTH Li G STAN 4 T EMD DEPARTMENT OF PUBLIC WORKS PHONE 704-822-9667 FAX 704-822-9668 October 9, 2008 •tl Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center 512 N. Salisbury Street Raleigh, North Carolina Raleigh, NC 27604 919-807-6300 OCT 10 2008 DENR - WATER OUALITY POINT SOURCE BRANCH SUBJECT: Request for Remission of Notice of Violation Case # LV-2008-0335 Dear Sir: This is to request remission of the civil penalty noted in the above -captioned Notice of Violation. I am making this request due to the fact that continuing environmental damage was abated as quickly as possible by the following actions: - Immediately initiated trouble shooting of plant processes that may have caused ammonia reduction to decrease. - Increasing operational testing to discover why problem was occurring. - Enlisted consultation from Bob Froneberger, P.E. Project Manager with W.K. Dickson Engineers of Charlotte. They confirmed our earlier calculations that the plant was lacking adequate dissolved oxygen to process current levels of influent ammonia. Copies of his reports are attached. - Informed Donna Hood, of the Mooresville Regional Office, of temporary plant changes to solve problem. - Upon discovering root of problem all possible steps were made to obtain and install additional aeration equipment. - The additional aeration equipment provided the solution to the ammonia reduction problem. The period of time for the violation did extend over two reporting periods. However, since dissolved oxygen level was increased by additional aerators, the effluent ammonia level has been non detectable. We feel that the problem was addressed as quickly as possible, resulting in minimal environmental damage We appreciate your consideration of this request. Sincerely, ��t z ( Stephen A. Gilbert, PE, PLS Public Works Director Att: Reports from WK Dickson Engineers 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 EAST LINCOLN COUNTY ) STIPULATION OF FACT WATER AND SEWER DISTRICT ) PERMIT NO. NCO074012 ) FILE NO. LV-2008-0335 Having been assessed civil penalties totaling $ 1340.40 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 9, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the � N-t DECEIVED OCT 10 = DENR . WATER OUALITY POINT SOURCE BRANCH day of Qe fe & r- , 2008 BY ADDRESS P"6"& lworZ646 ntrr-come_ 1 v5 ae';T iceA-t(j STPL-=6T Li rJ Co L t,;-To (Q , LU C 2� 0 q Z TELEPHONE `Zoq-73b-f5i*`lS JUSTIFICATION FOR REMISSION RE9. CEIVED OCT 10 2008 DWQ Case Number: LV-2008-0335 Assessed Party: East Lincoln County WSD DENR . WATER QUALITY County: Lincoln Permit Number: NCO074012 POINT SOURCE BRANCH Amount Assessed: $1340.40 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation ofFacts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 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); t% (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 penaltywill prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) V- - SWK DICKSON community Infrastructure consuttants Ms. Donna Hood NCDENR — Mooresville Office 610 East Center Ave — Suite 301 Mooresville, NC 28115 Re: Middle Forney Creek WWTP NPDES Permit No. NCO074012 WKD Project # 80289.00.CL Dear Ms. Hood: Per our telephone conversation of June 25, 2008, WK Dickson & Co., Inc. (WKD) was retained by Lincoln County to assist in an evaluation of NPDES permit excursions for ammonia nitrogen experienced in May and June, 2008 at the Middle Forney Creek WWTP. Actions taken in an effort to evaluate and correct this problem are summarized as follows: Immediate Operational Actions: a. Sludge wasting and recycle rates were reviewed and adjusted in an attempt to maintain sludge age at 10 day or below. b. Oxidation ditch pH levels were confirmed to be above 7.0 and samples of plant effluent were checked to determine that sufficient alkalinity was present for the nitrification reaction to be maintained. c. Dissolved oxygen levels in the ditch were determined to typically be 0.01 mg/I in outer channel, 0.09 mg/I in middle channel and 0.82 mgl) in inner channel indicative of inadequate oxygen transfer capacity. d. The Envirex 'Orbal' disc aeration system process technical representative was contacted to review the low dissolved oxygen conditions. The representative also came to the site on July 16, 2008 to further evaluate the low dissolved oxygen level and provide recommendations for increasing the oxygen transfer capacity of the existing aeration equipment. e. The operating level of the aeration basin was checked and adjustments attempted to optimize disc submergence to maximize oxygen transfer efficiency for the existing disc aerators. 2. A review of the plant design and current loading determined the following: Design Parameter Flow Influent BOD, Influent NH3-N Req'd Oxygen 616 Colonnade Drive Charlotte, NC 28205 Tel: 704.334.5348 Fax: 704.334.0078 www.wkdidcson.com Original Plant 2006 Plant Current Operational Design Upgrade Design Condition 0.75 mgd 0.975 mgd 0.62 rngd 250 mg/I 250 mg/I 391 mg/I 20 mall 20 mg/I 35 mg/i 103 Ibs/hr 1341 bs/hr 137 lbs/hr Transportation . Water Resources . Urban Development . Geomatics T'd 66b8922-beL 01 8996028bez N33dD J,3Nb03:WO&J U2T :60 8002-6-100 Design Parameter Standard Oxygen Transfer Rate (SOTR) Field Oxygen Transfer (FOTR) Original Plant Design 166 Ibs/hr 84 Orbal Discs 51 rpm & 20' sub. 103 Ibs/hr * * 2006 Plant Upgrade Design 210 Ibs/hr 84 Orbal Discs 55 rpm & 20' sub. 123 Ibsthr * * Current Operational Condition 210 Ibs✓hr 84 Orbal Discs 55 rpm & 19' sub 118 Ibs/hr * * * Oxygen requirement is based upon 1.21 Ibs oxygen per pound of BODS and 4.6 Ibs of oxygen per pound of ammonia nitrogen. SOTR - Oxygen Transfer @ Standard Condition and Temperature FOTR — Oxygen Transfer @ Field Transfer Elevation and Temperature (Alpha — 0.85, Beta - 0.95, Theata — 1.024, Temperature — 23 C and minimum oxygen in basin — 2.0) ** Oxygen available does not include recovered oxygen in nitrification reaction in Channel 1. Based upon the foregoing evaluations, it was concluded that there is insufficient oxygen transfer capacity available in the existing disc aeration system to meet the current oxygen transfer needs with the elevated BOO, and ammonia nitrogen loadings. As corrective actions to bring the plant back into compliance with the NPDES Permit limitations, Lincoln County has secured two (2) AEROMIX, 25 Hip 'Turbocharged Tornado' floating aerators on lease agreement for temporary installation within the outer two channels the aeration basin. General descriptive literature of these aerators is attached. Upon installation and operational evaluation of these aerators, alternatives for the permanent correction to the oxygen deficiency will be evaluated and an engineering report submitted to DENR for approval of proposed permanent plant modifications. Should you have any questions regarding this temporary plant modification, please contact me at 704-227-3403. Sincerely, WK Di kson & Co. I --k-^— Charles R. Froneberger, P.E. Project Manager cc: Mr. Steve Gilbert, P.E., PLS Mr. Pete Starnes, ORC 8 F-'d 66b892Lt-OL:01 899627-8t772- )133d3 1,3NdOd:WOdd UET:60 eo&Z-6-190 M E M O R A N D U M WK DICKSON community Infrastructure consultants 616 Colonnade Drive Charlotte, North Carolina 28205 704.334.5348 tot. 704.334.0078 fax TO: Pete Starnes, ORC Lincoln County Middle Forney Creek WWTP FROM: C.R. (Bob) Froneberger, P.E. DATE: June 27, 2008 RE: Aeration Evaluation Middle Forney Creek WWTP WKD Project No. 80289.00,CL This is to acknowledge that WK Dickson & Co., Inc. (WKD) has been retained to evaluate the NPDES permit excursions for ammonia nitrogen experienced in May, 2006 at the Middle Forney Creek WWTP. WKD was notified of the ammonia nitrogen permit excursions during the month of May, 2008 on June 6, 2008. Actions taken in an effort to correct this problem since that date are summarized as follows: 1. Immediate Operational Actions: a. Sludge wasting and recycle rates were reviewed and adjusted In an attempt to maintain sludge age between 10 and 15 days. b. Oxidation ditch pH levels were confirmed to be above 7.0 and samples of plant effluent were checked to determine that sufficient alkalinity was present for the nitrification reaction to be maintained. c. Dissolved oxygen levels in the ditch were determined to be 0.01 mg/I in outer channel, 0.09 mg/I In middle channel and 0.82 mg/I In Inner channel indicative of inadequate oxygen transfer capacity. d. The Envirex "Orbal" disc aeration system process technical representative was contacted to discuss the process difficulties encountered and to request input as to available actions to Increase oxygen transfer efficiency. e. The level of the aeration basin was checked and adjusted to the maximum operational elevation achieving a 19 inch disc submergence elevation to maximize oxygen transfer efficiency for the existing disc aerators. Z/ L ' d 66t78922-t702.: 01 8996228b02- )I33(10 ),3NdOd : WOaJ d T T :60 8002-6-130 2. A review of the plant design and current loading determined the following: Design Parameter Flow Influent BOD5 Influent NH3-N Raq'd Oxygen ` Standard Oxygen Transfer Rate (SOTR) Actual Oxygen Transfer (FOTR) Original Plant Design 0.75 mgd 250 mg/l 20 mgll 103 lbslhr 166 Ibs/hr 84 Orbal Discs 51 rpm & 20" sub 103 Ibslhr " 2006 Plant Upgrade 0.975 mgd 250 mg/I 20 mg/I 134 Ibs/hr 210 Ibs/hr 84 Orbal Discs @ 55 rpm & 20' sub. 123 Ibslhr " Current Condition 0.62 mgd 391 mg/l 35 mg/l 137 Ibs/hr 210 Ibs/hr 84 Orbal Discs @ 55 rpm & 19" sub 118 Ibs/hr " ` Oxygen requirement is based upon 1.21 Ibs oxygen per pound of GODS and 4.6 Ibs of oxygen per pound of ammonia nitrogen. SOTR = Oxygen Transfer @ Standard Condition and Temperature FOTR = Oxygen Transfer @ Field Transfer Elevation and Temperature (Alpha = 0.85, Beta = 0.95, Theata = 1.024, Temperature = 23 C and minimum oxygen in basin = 2.0) Oxygen available does not Include recovered oxygen in nitrification reaction in Channel 1. Conclusion: There is insufficient oxygen transfer capacity in the existing Envirex Orbal disc aeration system to meet the current oxygen transfer needs under the elevated BOD5 and ammonia nitrogen loadings, 3. Aeration Industries Inc. and Aeromix Systems Inc. have been contacted requesting proposals for floating directional aerators to be provided on a rental basis for Immediate Installation in the oxidation ditch to provide supplemental aeration. Equipment proposals are now being received and evaluated. F-12*d 66b892Zb01:01 8996228b0Z N33d0 A3NdOd:WOaJ UTT:60 8002-6-1D0 Beverly Eaves Perdu Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality e Coleen H. Sullins Dee Freeman Director Secretary September 25, 2009 STEPHEN A GILBERT LINCOLN COUNTY 115 W MAIN ST LINCOLNTON NC 28092 S E P 3 0 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Forney Creek WWTP Permit Number: NCO074012 Case Number: LV-2008-0365 Lincoln County Dear Mr. Gilbert: This letter is to acknowledge receipt of check number 023337 in the amount of $1,090.40 received from you dated September 21, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files 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 NorthCarol ina Internet: www.ncwaterquality.org fit /yr/j/ An Equal Opportunity 1 Affirmative Action Employer +�+' is i +'sl ly NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 12, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4023 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert, P.E., Public Works Director County of Lincoln 115 Main Street Lincolnton, NC 28092 - r Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO074012 Lincoln County — Forney Creek WWTP Lincoln County Case Number LV-2008-00365 Dear Mr. Gilbert: Dee Freeman Secretary I have considered the information submitted in support of your request for remission in accordance with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $3,340.40 to the total amount of $1,090.40. If you choose to pay the modified 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 (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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One L, 1 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 NOIe�1CilI'011ila Phone:: www.ncwaterquality.org \FAX: org 807.6492 \ CustomerService: 1 877 623 6748 Ammally Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer phen A. Gilbert PP'L7�1-20(08-0365 Remission Decision 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) 807-6398. Sin l ly, oleen H. ullins attachments cc: Enforcement file Central Files ppppp" DWQ - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2008-0365 Region: Mooresville County: Lincoln Assessed Entity: Lincoln Co. — Forney Creek WWTP Permit: NCO074012 ❑ (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 facility states that as soon as violations were noted in effluent discharges, it immediately began troubleshooting the problem, increased operational testing and called in a consulting engineer. It was discovered the WWTP lacked adequate dissolved oxygen to process current levels of ammonia entering the plant. The facility kept the MRO apprised of its investigation and findings and quickly moved to install additional aeration equipment once the deficiency was identified. Information provided by the facility indicates that it responded promptly to these violations without first being prompted by DWQ enforcement action. Situation resolved by the end of June 2008. ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission El Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission Lld °W% (Enter Amount) (( 1�4- � A- 6124 01 oleen H. S lins Date Rev. 7/2007 o�pF W ATFgQG Michael F. Easley, Governor William G. Ross Jr., Secretary r" North Carolina Department of Environment and Natural Resources O C Coleen H. Sullins, Director Division of Water Qualit REGF,1VhL) October 21, 2008 OCT 2 2 2008 Mr. Stephen A. Gilbert, P.E., Public Works Director County of Lincoln [ ,„ btiN lwi . 115 Main Street Lincolnton, NC 28092 DWQ-Surface Water FrG►Ci'►inn Subject: Remission Request of Civil Penalty Assessment Lincoln County — Forney Creek WWTP NPDES Permit NCO074012 Case Number LV-2008-0365 Lincoln County . Dear Mr. Gilbert: 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. Sincerely, 04 t� Bo Sledge, Environmental Specialist Point Source Branch cc mresvi+ Enforcement File w/originals Central Files w/attachments Nor` hCarol ina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwate[guality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6492 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled1100/6 Post Consumer Paper CO 20 COUNTY OF LINCOLN, NORTH CAROLINA FORNEY CREEK WASTEWATER TREATMENT PLANT, 7533 SOUTH LITTLE EGYPr ROAD, STANLEY, NC 28164 DEPARTMENT OF PUBLIC WORKS PHONE 704-822-9667 FAX 704-822-9668 October 17, 2008 Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center 512 N. Salisbury Street Raleigh, North Carolina Raleigh, NC 27604 919-807-6300 SUBJECT: Request for Remission of Notice of Violation Case # LV-2008-0365 Dear Sir: This is to request remission of the civil penalty noted in the above -captioned Notice of Violation. I am making this request due to the fact that the noted violations were a continuation of the events that began in May 2008. The May violations were noted in your Case # LV-2008-335 and our actions in response to the problem were noted in our written remission request to you dated October 9, 2008, copy attached. As stated in that letter, continuing environmental damage was abated as quickly as possible by the following actions: - Immediately initiated trouble shooting of plant processes that may have caused ammonia reduction to decrease. - Increasing operational testing to discover why problem was occurring. - Enlisted consultation from Bob Froneberger, P.E. Project Manager with W.K. Dickson Engineers of Charlotte. They confirmed our earlier calculations that the plant was lacking adequate dissolved oxygen to process current levels of influent ammonia. Copies of his reports are attached. - Informed Donna Hood, of the Mooresville Regional Office, of temporary plant changes to solve problem. - Upon discovering root of problem all possible steps were made to obtain and install additional aeration equipment. - The additional aeration equipment provided the solution to the ammonia reduction problem. The period of time for the violation did extend over two reporting periods. However, since the dissolved oxygen level was increased by additional aerators, no further incidents of non-compliance have occurred. We feel that the problem was addressed as quickly as possible, resulting in minimal environmental damage We appreciate your consideration of this request. ((� Sincerely, E OCT 2 0 2008 Stephen A. Gilbert, PE, PLS Public Works Director DENR - WATER QUALITY Att: Copy of Remission Request, w/attachments, dated October 9, 2008 SURFACE WATER PROTECTION SECTION Waiver Form Justification Form 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 EAST LINCOLN COUNTY ) STIPULATION OF FACTS WATERISEWER DISTRICT PERMIT NO. NCO074012 ) FILE NO. LV-2008-0365 Having been assessed civil penalties totaling $ 3340.40 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 8, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the / 7 'tk day of 0af-y 6Gr '7 Y ADDRESS �►.IIIII: Q u vsuL w o 2�e� o f 12e—ate,12 1 [ ; G4 CS t f'1 A (N S ir2_rZ-fi 1 hJCm LAJ TOnJ, NC 7— 09f Z -70q--t36-91-f9s JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0365 Assessed Party: East Lincoln County Water Sewer District County: Lincoln County Permit Number: NCO074012 Amount Assessed: $3340.40 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRizht to an Administrative Hearing, and Stipulation offacts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 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 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) V.- FV fal- Mooresville Regional Office Division of Water Quality October 27, 2008 MEMORANDUM: FROM: John LesleS,, T0. Bob Sledg e THROUGH: Marcia Allocd-� Rob Krebs /-k' SUBJECT: Request for Remission Lincoln County Forney Creek WWTP NPDES Permit No. NCO074012 Case No.LV-2008-0365 Lincoln County MRO staff has reviewed the subject request for remission, the same rationale for this request holds for the prior remission request (Case No. LV-2008-0335). The violator does not dispute the violations, but, is seeking remission claiming that the violator promptly abated continuing environmental damage resulting from the violation. Permit excursions of ammonia nitrogen occurred in May and June 2008. Based on the data submitted with the report it appears the WWTP was upgraded in 2006 but the aeration system was not sufficiently upgraded to properly treat the wastewater at concentrations that were actually coming into the facility (specific data for the WWTP was not used in calculating the oxygen requirements). This office does not recommend remission of the penalty. W A T F9PG 7 r 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 October 8, 2008 CERTIFIED MAIL 70071490 0004 4510 0561 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert, PE, PLS Director of Public Utilities Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 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. NCO074012 East Lincoln County WS District Forney Creek WWTP Lincoln County Case No. LV-2008-0365 Dear Mr. Gilbert: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3340.40 ($3,250.00 civil penalty + $90.40 enforcement costs) against East Lincoln County Water/Sewer District. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for June, 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that East Lincoln County Water/Sewer District violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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 East Lincoln County Water/Sewer District: Mailing Address Phone (704) 663-1699 Location 610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Mooresville, North Carolina NNao ` Carolina turally Internet: www.ncwaterauality.or¢ Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper $ 250.00 For _1_ of the three violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. $ 1000.00 For _4_ of the four violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. $ 1000.00 For _1_ of the one violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 1000.00 For _1_ of the one violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 3250.00 TOTAL CIVIL PENALTY $ 90.40 Enforcement costs. $ 3340.40 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 F: (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 1' 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 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. ate) 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 ATTACHMENT A CASE NO. LV-2008-0365 Outfall Date Parameter Reported Value Permit Limit 001 6/7/08 BOD *29.3 mg/1 19.5 mg/l (weekly average) 001 6/14/08 BOD 22.0 mg/1 19.5 mg/l (weekly average) 001 6/21/08 BOD 20.6 mg/l 19.5 mg/l (weekly average) 001 6/2008 BOD *21.4 mg/1 13.0 mg/l (monthly average) 001 6/7/08 NH3N *5.57 mg/1 3.9 mg/l (weekly average) 001 6/14/08 NH3N * 11.33 mg/l 3.9 mg/l (weekly average) 001 6/21/08 NH3N *14.48 mg/l 3.9 mg/l (weekly average) 001 6/28/08 NH3N 11/57 mg/l 3.9 mg/l (weekly average) 001 6/2008 NH3N 10.82 mg/l 1.3 mg/l (monthly average) NH3N = ammonia nitrogen * Denotes civil penalty assessment F: 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 EAST LINCOLN COUNTY ) STIPULATION OF FACTS WATER/SEWER DISTRICT PERMIT NO. NCO074012 ) FILE NO. LV-2008-0365 Having been assessed civil penalties totaling $ 3340.40 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 8, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0365 Assessed Party: East Lincoln County Water Sewer District County: Lincoln County Permit Number: NC0074012 Amount Assessed: $3340.40 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. 14313-282.1(b) were wrongfully pplied 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 M 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: East Lincoln County Water Sewer District Facility: Forney Creek WWTP County: Lincoln Case Number: LV-2008-0365 Permit Number: NCO074012 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, the severity and duration of the violations would predict adverse impacts on the receiving stream. BOD discharged in excess of permitted weekly and monthly average limits would reduce the available amount of oxygen in the receiving stream. Ammonia nitrogen in excess of permitted weekly and monthly average limits would lead to toxic impacts on aquatic life and nutrient enrichment in the receiving stream. 2) The duration and gravity of the violation; The violations were consistent through the months of May and June 2008. 3) The effect on ground or surface water quantity or quality or on air quality; Groundwater and air quality are not expected to be adversely impacted. Surface waters are likely to impacted by the discharge. Lower dissolved oxygen concentrations in the receiving stream would stress aquatic life, nutrient enrichment would cause algeal blooms, and ammonia nitrogen is toxic to aquatic life. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; A specific monetary amount is unknown. Money may have been saved by failure to adequately operate the facility. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 7) 8) 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-2008-0335 $1340.40 ammonia nitrogen limit violations case open. The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 1 Hour $37.31 SWP Regional Supervisor review: 1 Hour $38.09 Clerical Support: $15.00 1° f 0 Date Total: $90.40 RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: % MRs Between: 6-2008 and 6-2008 Region: Mooresville Facility Name: % Param Name: % County: % Major Minor: % Report Date: 10/06/08 Page: 17 of 27 Violation Category: Limit Violation Program Category: NPDES WW Subbasin: % Violation Action: % PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation [— / " 2 by � - b "M MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION c `�1b g 2 06 -2008 001 Effluent BOD, 5-Day (20 Deg. C) 06/07/08 3 X week mg/I 19.5 29.3 Weekly Average Exceeded None 06 -2008 001 Effluent BOD, 5-Day (20 Deg. C) 06/14/08 3 X week mg/I 19.5 22.03 1107D Weekly Average Exceeded None � 5 IV b 06 -2008 001 Effluent BOD, 5-Day (20 Deg. C) 06/21/08 3 X week mg/I 19.5 20.57 Weekly Average Exceeded None 5%b 06 -2008 001 Effluent BOD, 5-Day (20 Deg. C) 06/30/08 3 X week mg/I 13 21.44 (D Monthly Average Exceeded None Total 06 -2008 001 Effluent Nitrogen, Ammonia (as 06/07/08 3 X week mg/I 3.9 5.57Weekly Average Exceeded None i a 06 -2008 001 Effluent Nitrogen, Ammonia Total (as 06/14/08 3 X week mg/I 3.9 11.33 Weekly Average Exceeded None 2l h %b ZS�b 06 -2008 001 Effluent Nitrogen, Ammonia Total (as 06/21/08 3 X week mg/I 3.9 14.8 Weekly Average Exceeded None 1rIgb ZSb 06 -2008 001 Effluent Nitrogen, Ammonia Total (as 06/28/08 3 X week mg/I 3.9 11.57 Weekly Average Exceeded None 06 -2008 001 Effluent Nitrogen, Ammonia Total as 9 ( 06/30/OS 3 X week mg/I 1.3 73Z�b 10.82 Monthly Average Exceeded None ) Dbb N) (Ps `I U 4 PERMIT: NC0004839 FACILITY: Kinder Morgan Southeast Terminals -Charlotte Terminal 2 COUNTY: Mecklenburg REGION: Mooresville - Charlotte Terminal 2 Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 06 -2008 002 Effluent Flow, in conduit or thru 06/30/08 Once per discharg mgd 0.057 0.1051 Monthly Average Exceeded None treatment plant A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 25, 2009 BARRY MCKINNON INTERIM DIRECTOR OF PUBLIC WORKS LINCOLN COUNTY 115 W MAIN ST LINCOLNTON NC 28092 S E P 3 0 2009 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Forney Creek WWTP Permit Number: NCO074012 Case Number: LV-2009-0291 Lincoln County Dear Mr. McKinnon: This letter is to acknowledge receipt of check number 023335 in the amount of $1,585.30 received from you dated September 21, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. cc: Central Files IP'DWQ Mooresville Regional Office Supervisor r 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org � �j�ll���lli//_ „ An Equal OppoRunity 1 Affirmative Action Employer � �/ F Beverly Eaves Perdue Governor �* NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director August 13, 2009 CERTIFIED MAIL 70071490 0004 4510 3043 RETURN RECEIPT REOUESTED Mr. Barry L. McKinnon Interim Public Works Director County of Lincoln 115 West Main Street Lincolnton, North Carolina 28098 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. NCO074012 Lincoln County Middle Forney Creek WWTP Lincoln County Case No. LV-2009-0291 Dear Mr. McKinnon: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1585.30 ($1500.00 civil penalty + $85.30 enforcement costs) against Lincoln County. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for April 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lincoln County violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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 Lincoln County: Mooresville Reeional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org . Xatllt-ally An Equal Opportunity `• Affirmative Action Employer — 50% Recycled'10% Post Consumer paper $5 00.00 For _2_ of the two (2) violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. S 1000.00 For _1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC00740, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 1500.00 S 85.30 S 1585.30 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-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 C1]17 2. Submit a written request for remission including a detailed justification for such request: I 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 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) ATTACHMENTS 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 C ATTACHMENT A CASE NO. LV-2009-0291 Outfall Date Parameter 001 4/3/09 ammonia nitrogen 001 4/10/09 ammonia nitrogen 001 4/2009 Ammonia nitrogen * Denotes civil penalty assessment Reported Value * 14.8 mg/l * 15.3 3 mg/l *5.54 mg/l Permit Limit 3.9 mg/l 3.9 mg/1 1.3 mg/l STATE OF NORTH CAROLINA COUNTY OF LINCOLN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST LINCOLN COUNTY PERMIT NO. NC0074012 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2009-0291 Having been assessed civil penalties totaling $ 1585.30 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 13, 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 0 o Ixi 6*1 TELEPHONE . BY 2009 IF JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0291 Assessed Party: Lincoln County County: Lincoln Permit Number: NCO074012 Amount Assessed: $1585.30 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 Hearin, 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 penaltywill 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: 1) 2) 3) 4) 5) NORTH CAROLINA DIVISION OF WATER QtiALITY Lincoln County Middle Forney Creek WWTP Lincoln LV-2009-0291 NC0074012 ASSESSMENT FACTORS The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, ammonia nitrogen in excess of permit limits would be predicted to cause toxic impacts to aquatic life downstream of the facility. Ammonia nitrogen will also cause a reduction in dissolved oxygen and lead to nutrient enrichment of the stream. The duration and gravity of the violation; The violations occurred in month of April 2009. Weekly average ammonia nitrogen concentrations exceeded the permit limit by 279% the week of April 3, 2009 and by 293% the week of April 10, 2009. The monthly average limit was exceeded by 326%. The effect on ground or surface water quantity or quality or on air quality; No effect is expected on air quality or groundwater. Surface waters were most likely impacted by the discharge. Ammonia nitrogen is toxic to aquatic life, lowers available dissolved oxygen in the receiving stream, and causes nutrient enrichment and subsequent eutrophication. The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; No money appears to have saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 7) 8) 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 Land application permit WQ0016922 assessed $6594.00 by APS, remission PC-2009-0060 request acknowledged 7/8/09 case open LV-2009-0204 Violations reported in 3/09 assessed $1085.30 paid/case closed 8/3/09 Violations reported in 6/08, remitted from $3340.40 to $1090.40 8/12/09, LV-2008-0365 case open. Violations reported in 5/08, remitted from $1340.40 to 1090.40 8/12/09, LV-2008-0335 case open Date 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 $85.30 Iz R �- RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: % MRs Between: 4-2009 and 4-2009 Region: Mooresville Facility Name: % Param Name: % County: % Major Minor: % PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP Report Date: 08/03/09 Page: 16 of 24 Violation Category: Limit Violation Program Category: NPDES VAVV Subbasin: % Violation Action: % COUNTY: Lincoln REGION: Mooresville Limit Violation LV -ZDD ! - OZ 9 / MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE2;7� y VIOLATION TYPE VIOLATION ACTION 04 -2009 001 Effluent Nitrogen, Ammonia Total as ( 04/04/09 3 X week mg/I 3.9 D 14.8 Weekly Average Exceeded None � �• Ob C N) - oncentration Nitrogen, Ammonia Total 2 �p dd y Z�. OD 04 -2009 001 Effluent as 9 ( 04/11/09 3 X week mg/I 3.9 15.33 Weekly Average Exceeded None N) - Concentration 04 -2009 001 Effluent Nitrogen, Ammonia Total (as 04/30/09 3 X week mg/I 1.3 5.54 3Z `//Monthly Average Exceeded None$ IMP Py N) -Concentration Cos�s $s- sv OP660 W A00)66ZZ 64"D ��• ��6,rn;� �l�s�i�. op - revb- .bn r,y� -7)A/,l APS TD-�) � 0,657 3b LV- 2b05- bLY� T4 $1PM,3p closed 8)3)py LV - ZDD$ - b3GS r,° ? 'alb �p,.OtD {rtY,, � 33s��. s�D $/iz/a1 a �•. c,y - 4p a Allocco, Marcia From: Weeden, Jovonah Sent: Tuesday, August 04, 2009 8:12 AM To: Krebs, Rob Cc: Allocco, Marcia Subject: Civil Penalties Rob The following civil penalty(ies) have been paid and closed out for your region Yesterday: Case #: LM-2009-0031 Permit#: NCO076066 Closed Date: 08/03/2009 Facility: Long Creek WWTP Check#: 061289 Amount: $1,035.30 Case #: DV-2009-0020 Permit#: WQCS00190 Closed Date: 08/03/2009 Facility: Oakboro Collection System Check* 2177 Amount: $1,096.35 Case #: LM-2009-0033 Pernlit#: NCO047091 Closed Date: 08/03/2009 Facility: Silver Maples Community Check#: 000593 Amount: $383.64 Case #: LR-2009-0007 Permit#: NC005:1918 Closed Date: LR-2009-0007 Facility: Cleveland County WTP Check#: 43403 Amount: $1,100.00 Case ##: LV-2009-0204 Pennit#: NCO074012 Closed Date: 08/03/2009 Facility: Forney Creek `N WTP Check#: 023064 Amount: $1,085.30 1 NCDNR 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 2367 RETURN RECEIPT REQUESTED Mr. Barry L. McKinnon Interim Public Works Director County of Lincoln 115 West Main Street Lincolnton, North Carolina 28098 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. NCO074012 Lincoln County Middle Forney Creek WWTP • Lincoln County Case No. LV-2009-0204 Dear Mr. McKinnon: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1085.30 ($1000.00 civil penalty + $85.30 enforcement costs) against Lincoln County. 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. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lincoln County violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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 Lincoln County: Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NorthCarolina Intemet:*www.ncwaterquality.org �/W=17!!11 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10%Post Consumer paper $ 0 For _1_ of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. $ 1000.00 For _1_ of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 1000.00 $ 85.30 $ 1085.30 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-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 N• IF 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 &Y e 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 K' 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 Oualitv Section staff of the Mooresville Regional Office at 704/663-1699. 4/301491 (Date) ATTACHMENTS 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 Outfall Date 001 03/21-28/09 001 03/2009 ATTACHMENT A CASE NO. LV-2009-0204 Parameter ammonia nitrogen ammonia nitrogen * Denotes civil 'penalty assessment Reported Value 10.07 mg/l * 5.19 mg/l Permit Limit 9.6 mg/1 3.2 mg/l STATE OF NORTH CAROLINA N THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST LINCOLN COUNTY PERMIT NO. NCO074012 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2009-0204 Having been assessed civil penalties totaling $1085.30 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 iri 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 32009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0204 Assessed Party: Lincoln County County: Lincoln Permit Number: NC0074012 Amount Assessed: $1085.30 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Ri,Qht 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 Lincoln County Middle Forney Creek WWTP Lincoln LV-2009-0204 NCO074012 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, ammonia nitrogen in excess of the stipulated permit limits would be likely to cause toxic impacts on the receiving stream. In addition, a decrease in downstream dissolved oxygen may also result. 2) The duration and gravity of the violation; The facility continued to have problems recovering from a loss of biomass in the treatment system from mid -March to mid -April 2009. 3) The effect on ground or surface water quantity or quality or on air quality; No impact on ground water or air quality are expected. Toxic impacts could be predicted due to ammonia toxicity in the receiving stream as well as lowered dissolved oxygen levels. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 7) 8) 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-2009-0335 5108 ammonia nitrogen, assessed $1340.40 case open LV-2009-0365 6/08 ammonia nitrogen and BOD, assessed $3340.40 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: 6/3,01oY Date 1 hour at $38.09/hour 1 hour at $15.00/hour $85.30 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: So County: % Subbasin: % Violation Action: Major Minor: % PERMIT: NCO072621 FACILITY: Fa Be Enterprises Inc - Fa -Be Enterprises COUNTY: Lincoln REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 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 None 03 -2009 001 Effluent Chlorine, Total Residual 03/24/09 2 X week ug/I 28 29 Daily Maximum Exceeded No Action, BPJ 03 -2009 001 Effluent Solids, Total Suspended 03/31/09 Weekly mg/I 30 32.93 Monthly Average Exceeded None PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation LV/ -SP09- ()Zb4 MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 03 -2009 001 Effluent Nitrogen, Ammonia Total (as 03/28/09 3 X week mg/I n�� 9.6 10.07 /n Weekly Average Exceeded None D bZlo CIO CIO 03 -2009 001 Effluent Nitrogen, Ammonia Total (as 03/31/09 3 X week mg/I 3.2 5.19 Monthly Average Exceeded None $ PsS.30 �l 0 CO �0:.� COUNTY OF LINCOLN, NORTH CAROLINA CABO~� FORNEY CREEK WASTEWATER TREATMENT PLANT, 7533 SOUTH LITTPF,, PT ROADSTANLEY, NC 28164 DEPARTMENT OF PUBLIC WORKS ^ 4 V1 0 PHONE 704-822-9667 FAX 704-822-9668 January 29, 2009 NCDENR — Mooresville 610 East Center Avenue Mooresville, NC 28115 Attn: Marcia Allocco Subject: Response to Inspection Report, Middle Forney Creek WWTP, Permit No. NCO074012 Dear Ms. Allocco: v, ..on This is a response to the Influent Sampling Section of the Evaluation Inspection Report recently filed by Ms. Donna Hood for the subject facility. Ms. Hood found the sampler set for time dependent composite sampling, which is not the proper setting. This occurred when the facility experienced a temporary power outage at the head works, and when the power was restored, the sampler resumed operation in a default setting for time composite sampling. In order to prevent this from occurring in the future, I have instructed the operator to confirm that the sampler is set for flow proportional sampling each time the equipment is started up. Please let me know if you have any questions or if you need additional information. Sincerely, Stephen A. Gilbert, PE, PLS Public Works Director C: Lawson D. Starnes, ORC, Forney Creek WWTP COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2"o FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 Lincoln County Sewer System — Middle Forney Creek WWTP Annual Performance Report January 01, 2008 thru December 31, 2008 I. General Information: Facility/System Name: Middle Forney Creek WWTP RFCFIVED Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director MAR 1 2 2009 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Operator Responsible in Charge: Lawson D. Starnes 7533 S. Little Egypt Rd. Stanley, N.C. 28164 DYns.: * f,•�. �,Pro#adion (704)822-9667 Applicable Permits: Wastewater Treatment System Description: Middle Forney creek is a 0.975 MGD facility with the following componentsR E (AO;"6E IVE D • Influent pump station with dual pumps • Parshall flume with ultrasonic flow recorder • Manual bypass screen • Aerated grit removal basin • Oxidation ditch with 3 channels • Dual final clarifiers • Triple chlorine contact chambers D E N R ���AT R n UALITY • Gas dechlorination • Cascade post aeration POINT SOURCE BRANCH • Return sludge pumping station with dual pumps • Aerobic sludge digester • Gravity sludge thickener • Sludge holding tank This facility discharges into Forney Creek, classified C waters in the Catawba River Basin 1I. Performance: Forney Creek WWTP had two Notice of Violations for the year of 2008 1. May 2008 Case NO. LV-2008-0335 Over the monthly average limit for ammonia nitrogen 2. June 2008 Case NO. LV-2008-0365 Over the monthly average limit for ammonia nitrogen Corrective Action: Additional aeration equipment was added to provide the solution to the ammonia reduction problem. III. Notification: This report is available to all the residents of the county and to customers of the Lincoln County Sewer System and can be obtained at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704) 483-7082 Page I of 2 coG�� COUNTY OF LINCOLN, NORTH CAROLINA �00 �«.� `fir 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 TH CARo� DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704)822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704)483-3589 5. Charles R. Jonas Library 306 West Main Street Lincolnton, N.C. 28092 (704) 732-9040 6. West Lincoln Branch Library 5545 West Hwy 27 Vale, N.C. 28168 (704)276-9946 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 Lincoln County Sewer System and that those users have been notified of its availability. Date: Lawson D.Stames ORC Forney Creek W WTP 7533 S. Little Egypt Rd. Stanley, NC 28164 (704)822-9668 Page 2 of 2 \O�0F vv /FROG 7 r o � Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources lll�i� September 9, 2008 CERTIFIED MAIL 70071490 0004 4510 0295 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert Director of Public Utilities Lincoln County 115 West Main Street Lincolnton, North Carolina 28098 Dear Mr. Gilbert: Coleen H. Sullins, Director Division of Water Quality 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. NCO074012 Lincoln County Forney Creek WWTP Lincoln County Case No. LV-2008-0335 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1340.40 ($1250.00 civil penalty + $90.40 enforcement costs) against East Lincoln County Water and Sewer District (East Lincoln County WSD). This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for May 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that East Lincoln County WSD violated the terms, conditions, or requirements of NPDES Permit No. NCO074012 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 East Lincoln County WSD: Mailing Address Phone (704) 663-1699 Location ,One 610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 1�,�thCaro ina � c,ar h Mooresville, NC 28115 Mooresville, North Carolina Internet: www.newaterouality.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper $ 250.00 For _1_ of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ammonia nitrogen. $ 1000.00 For _1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. $ 1250.00 $ 90.40 $ 1340.40 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: r'' 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. 1� 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. r. I Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 9 A Loi (bate) ATTACHMENTS 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 C Outfall Date 001 5/24-30/08 001 5/2008 ATTACHMENT A CASE NO. LV-2008-0335 Parameter ammonia nitrogen ammonia nitrogen * Denotes civil penalty assessment Reported Value *8.0 mg/ *2.5 mg/l Permit Limit 3.9 mg/l (weekly average) 1.3 mg/1(monthly average) r. I 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 EAST LINCOLN COUNTY ) STIPULATION OF FACT WATER AND SEWER DISTRICT ) PERMIT NO. NCO074012 ) FILE NO. LV-2008-0335 Having been assessed civil penalties totaling $1340.40 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 9, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRESS JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0335 Assessed Party: East Lincoln County WSD County: Lincoln Permit Number: NC0074012 Amount Assessed: $1340.40 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRipht 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. § 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: East Lincoln County WSD Facility: Forney Creek WWTP County: Lincoln Case Number: LV-2008-0335 Permit Number: NCO074012 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm has been documented; however, ammonia nitrogen in excess of the permitted effluent limits could result in toxic impacts to aquatic life, lowered dissolved oxygen concentrations, and nutrient enrichment in the receiving stream. 2) The duration and gravity of the violation; The violations occurred during May 2008 due to insufficient aeration at the WWTP. A proposal to increase aeration at the facility was not made by W.K. Dickson Engineering until June 27, 2008. 3) The effect on ground or surface water quantity or quality or on air quality; Ground water and air quality are not expected to be impacted by the violations. Surface waters are likely to impacted by nutrient enrichment, lowered dissolved oxygen availablity, and ammonia toxicity. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 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 enforcement cases have been taken against the violator in the previous 12 months. 8) The cost to the State of the enforcement procedures. Staff preparation of enforcement package: 1 Hour $37.31 SWP Regional Supervisor review: 1 Hour $38.09 Clerical Support: $15.00 7 oY Date Total: $90.40 , I/ Iv, RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date: 09/03/08 Page: 19 of 25 Permit: % MRs Between: 5-2008 and 5-2008 Region: Mooresville Violation Category: Limit Violation Program Category: NPDES WW Facility Name: % Param Name: % County: % Subbasin: % Violation Action: % Major Minor: % PERMIT: NCO086592 FACILITY: Carolina Water Service Inc Of NC - The Point / Well 1 WTP COUNTY: Iredell REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent Chlorine, Total Residual 05/21/08 2 X month ug/I 17 27 Daily Maximum Exceeded None PERMIT: NCO086606 FACILITY: Carolina Water Service Inc Of NC - The Harbour - Well #4 COUNTY: Iredell REGION: Mooresville WTP Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05 -2008 001 Effluent Chlorine, Total Residual 05/21/08 2 X month ug/I 17 32 Daily Maximum Exceeded None PERMIT: NCO074012 FACILITY: Lincoln County - Forney Creek WWTP COUNTY: Lincoln REGION: Mooresville Limit Violation G-V - Z vv !� - 03 3 S MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION Nitrogen, Ammonia Total �/ y'470 100c" 05 -2008 001 Effluent (as 05/31/08 3 X week mg/I 1.3 2.52 Monthly Average Exceeded None ' 00 05 -2008 001 Effluent Nitrogen, Ammonia Total (as 05/31/08 3 X week mg/I IOSj 3.9 8 Weekly Average Exceeded None ZSD. op OFWATF9 O V _ Michael F. Easley, Governor William G. Ross Jr., Secretary dk" North Carolina Department of Environment and Natural Resources Coleen Sullins. Director Division of Water Quality April 21, 2008 CERTIFIED MAIL 7007 1490 0004 4505 9791 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert Public Utilities Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28098 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0184 Lincoln County Forney Creek W WTP NPDES Permit No. NCO074012 Lincoln County Dear Mr. Gilbert: A review of the December 2007 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 pH 5.88 s.u. 6.0 - 9.0 s.u. (daily min -max) 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, t< /�44-- Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Lincoln County Health Dept. NAam` Carolina wrally N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-16" Customer Service 1-877-623-6748 J vk 2 �e COUNTY OF LINCOLN, NORTH CAROLINA CA 1 1 5 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 NOTIFICATION OF AVAILABILITY OF THE WASTEWATER PERFORMANCE ANNUAL REPORT OF LINCOLN COUNTY SEWER SYSTEM House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems provide a summarized annual report to its customers and to the Department of Environment and Natural Resources on the performance of the wastewater treatment plant and the collections system over the past twelve months. In accordance with this regulation, the Lincoln County Sewer System is pleased to provide copies of the Annual Performance Report for review by the public at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, NC 28092 K (704) 736-8497 , 2. Lincoln County Water Treatment Plant,iuD 7674 Tree Farm Road Denver, NC 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, NC 28164 (704) 822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704) 483-3589 5. Charles R. Jonas Library 306 West Main Street Lincolnton, NC 28092 (704)732-9040 6. West Lincoln Branch Library 5545 West Hwy 27 Vale, NC 28168 (704) 276-9946 Nr, DE"1�j'r° r`` ,7,n d +1 •. fl' DWQ-Su -,-fr1 ;.- W ,, ?rotectlon For further information please contact Lincoln County Public Works at (704) 736-8497. �14 Co tCOUNTY OFLINCOLN, NORTH CAROLINA p 115 WEST MAIN STREET, 2 FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 Lincoln County Sewer System — Middle Forney Creek WWTP Annual Performance Report January 01, 2007 thru December 31, 2007 L General Information: Facility/System Name: Middle Forney Creek W WTP Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Operator Responsible in Charge: Lawson D. Starnes 7533 S. Little Egypt Rd. Stanley, N C. 28164 (704)822-9667 Applicable Permits: NCO074012 Wastewater Treatment System Description: Middle Forney creek is a 0.975 MGD facility with the following components: • Influent pump station with dual pumps • Parshall flume with ultrasonic flow recorder • Manual bypass screen • Aerated grit removal basin • Oxidation ditch with 3 channels • Dual final clarifiers • Triple chlorine contact chambers • Gas dechlorination • Cascade post aeration • Return sludge pumping station with dual pumps • Aerobic sludge digester • Gravity sludge thickener • Sludge holding tank This facility discharges into Forney Creek, classified C waters in the Catawba River Basin H. Performance: Forney Creek W WTP operated within the limits of the permit for the year of 2007 Ill. Notification: This report is available to all the residents of the county and to customers of the Lincoln County Sewer System and can be obtained at the following locations: Lincoln County Public Works 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver. N.C. 28037 (704)483-7082 Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley. N.C. 28164 (704)822-9667 Page 1 of 2 U0 COO v P a j- COUNTY OF LINCOLN, NORTH CAROLINA Lod `2r 115 WEST MAIN STREET, 2N" FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 ry cnR°� DEPARTMENT OF PUBLIC WORKS (704)736-8497 FAX (704) 736-8499 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704)483-3589 5. Charles R. Jonas Library 306 West Main Street Lincolnton, N.C. 28092 (704)732-9040 6. West Lincoln Branch Library 5545 West Hwy 27 Vale, N.C. 28168 (704)276-9946 IV. Certification: 1 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 Lincoln County Sewer System and that those users have been notified of its availability. Lawson D.Stames ORC Forney Creek W WTP 7533 S. Little Egypt Rd. Stanley, NC 28164 (704)822-9668 Date: -// e 9 Page 2 of 2 COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2"o FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 cA DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 Lincoln County Collections System Annual Performance Report January 01, 2007 thru December 31, 2007 I. General Information: Facility/System Name: Lincoln County Sewer System Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Operator Responsible in Charge: Olan C. Henderson, Utility Operations Superintendent 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 ) �p Applicable Permits: WQCS00149-�7Gv�l s�p��� Wastewater Collections System Description: The Lincoln County Collections System consists of approximately 11,180 linear feet of 24" gravity sanitary sewer lines; 6,540 linear feet of 18" gravity sanitary sewer lines; 974 linear feet of 15" gravity sewer lines; 8,810 linear feet of 8" gravity sanitary sewer lines; 15,784 linear feet of 6" force main; 1,833 linear feet of 4" low pressure sewer lines; 17,423 linear feet of 3" low pressure sewer lines; 34,204 linear feet of 2.5" low pressure sewer lines; 12,254 linear feet of 2" low pressure sewer lines and 31 sewer pump stations serving approximately 3,513 customers. The low pressure sewer system utilizes individually owned grinder pumps and small diameter pressure lines to collect and convey sewage to the gravity sewer system. Flows from the low pressure and gravity sewer systems are collected at the 31 strategically placed sewer pump stations and pumped via the force mains to the outfall gravity sewer system to be deposited at the Middle Forney Creek Wastewater Treatment Facility (Permit #NC0074012) at 7533 South Little Egypt Road. II. Performance: The Lincoln County Collections System had no reportable sanitary sewer overflows. III. Notification: This report is available to all the residents of the County and to the customers of the Lincoln County Collections System and can be obtained at the following locations: Lincoln County Public Works 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704)483-7082 J 0 COUNTY OF LINCOLN, NORTH CAROLINA 1 1 5 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 C DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX(704)736-8499 Lincoln County Collections System Annual Performance Report January 01, 2007 thru December 31, 2007 (Page 2) 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704)822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, N.C. 28037 (704)483-3589 5. Charles R. Jonas Library 306 West Main Street Lincolnton, N.C. 28092 (704)732-9040 6. West Lincoln Branch Library 5545 West Hwy 27 Vale, N.C. 28168 (704)276-9946 III. 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 Lincoln County Collections System and that those users have been notified of its availability. 0—K C '4Q�::D Date: 1 C� Olan C. Henderson - ORC Utility Operations Superintendent Lincoln County Public Works ftWK WDICKSON community infrastructure consultants Ms. Donna Hood NCDENR — Mooresville Office 610 East Center Ave — Suite 301 Mooresville, NC 28115 Re: Middle Forney Creek WWTP NPDES Permit No. NCO074012 WKD Project # 80289.00.CL Dear Ms. Hood: RECE,IVED J U L 2 3 2008 NC DENR MRO DWQ_Surtaoe water Protedon Per our telephone conversation of June 25, 2008, WK Dickson & Co., Inc. (WKD) was retained by Lincoln County to assist in an evaluation of NPDES permit excursions for ammonia nitrogen experienced in May and June, 2008 at the Middle Forney Creek WWTP. Actions taken in an effort to evaluate and correct this problem are summarized as follows: Immediate Operational Actions: a. Sludge wasting and recycle rates were reviewed and adjusted in an attempt to maintain sludge age at 10 day or below. b. Oxidation ditch pH levels were confirmed to be above 7.0 and samples of plant effluent were checked to determine that sufficient alkalinity was present for the nitrification reaction to be maintained. c. Dissolved oxygen levels in the ditch were determined to typically be 0.01 mg/I in outer channel, 0.09 mg/I in middle channel and 0.82 mg/1 in inner channel indicative of inadequate oxygen transfer capacity. d. The Envirex "Orbal" disc aeration system process technical representative was contacted to review the low dissolved oxygen conditions. The representative also came to the site on July 16, 2008 to further evaluate the low dissolved oxygen level and provide recommendations for increasing the oxygen transfer capacity of the existing aeration equipment. e. The operating level of the aeration basin was checked and adjustments attempted to optimize disc submergence to maximize oxygen transfer efficiency for the existing disc aerators. 2. A review of the plant design and current loading determined the following: Design Parameter Flow Influent BOD5 Influent NH3-N Req'd Oxygen 616 Colonnade Drive Charlotte, NC 28205 Tel: 704.334.5348 Fax: 704.334.0078 www.wkdickson.com Original Plant Design 0.75 mgd 250 mg/I 20 mg/I 103 Ibs/h r 2006 Plant Upgrade Design 0.975 mgd 250 mg/I 20 mg/I 134 Ibs/hr Current Operational Condition 0.62 mgd 391 mg/I 35 mg/I 13 7 Ibs/h r Transportation . Water Resources . Urban Development . Geomatics Design Parameter Standard Oxygen Transfer Rate (SOTR) Field Oxygen Transfer (FOTR) Original Plant Design 166 1 bs/hr 84 Orbal Discs 51 rpm & 20" sub. 103 Ibs/hr ** 2006 Plant Upgrade Design 210 Ibs/hr 84 Orbal Discs @ 55 rpm & 20" sub. 123 lbs/hr * * Current Operational Condition 210 Ibs/hr 84 Orbal Discs @ 55 rpm & 19" sub 118 Ibs/hr * * * Oxygen requirement is based upon 1.21 Ibs oxygen per pound of BOD5 and 4.6 Ibs of oxygen per pound of ammonia nitrogen. SOTR = Oxygen Transfer @ Standard Condition and Temperature FOTR = Oxygen Transfer @ Field Transfer Elevation and Temperature (Alpha = 0.85, Beta = 0.95, Theata = 1.024, Temperature = 23 C and minimum oxygen in basin = 2.0) ** Oxygen available does not include recovered oxygen in nitrification reaction in Channel 1. Based upon the foregoing evaluations, it was concluded that there is insufficient oxygen transfer capacity available in the existing disc aeration system to meet the current oxygen transfer needs with the elevated BODS and ammonia nitrogen loadings. As corrective actions to bring the plant back into compliance with the NPDES Permit limitations, Lincoln County has secured two (2) AEROMIX, 25 Hp "Turbocharged Tornado" floating aerators on lease agreement for temporary installation within the outer two channels the aeration basin. General descriptive literature of these aerators is attached. Upon installation and operational evaluation of these aerators, alternatives for the permanent correction to the oxygen deficiency will be evaluated and an engineering report submitted to DENR for approval of proposed permanent plant modifications. Should you have any questions regarding this temporary plant modification, please contact me at 704-227-3403. Sincerely, WK Dickson & (Co. I Charles R. Froneberger, P.E. Project Manager cc: Mr. Steve Gilbert, P.E., PLS Mr. Pete Starnes, ORC Turbocharged TORNADO® Aerator Proven Year -Round Aeration Performance The Turbocharged TORNADO Aerator delivers dependable and economical performance in any season. Featuring a high -efficiency design, the Turbocharged TORNADO Aerator horizontally mixes all or part of a basin. The large -diameter, stationary draft tube with unrestricted air intake, helps convert the least amount of energy into the maximum amount of aeration and mixing, giving you: Higher oxygen transfer efficiency Higher basin mixing efficiency Dependable and reliable operation All aeration takes place just below the surface so there is no spraying or splashing. Odors aree reduced, and ice build-up is prevented with the unique self -heating design that keeps the system working in all seasons. Because the Turbocharged TORNADO aerator is a totally self-contained unit requiring no additional blowers, pumps or mounting platforms, you save capital, installation and operating costs. Tvnicul TurbochatWed TORNADO Aerator Instullation. Turhvchatged TORNADO Aerator. Extensive Engineered For Higher Efficiency Applications. Turbocharged The "l'tn-bocharged 7 ORNAI)O Aerator integrates two TORNADO Aerators improve aeration and major components into a single system to maximize mixing in a wide range of oxygen trans:ler and mixing while minimizing energy costs. applications, including: A single dual shaft motor rotates, turning a high-pressure blower on one end and a gear reducer on the other end. Wastewater Treatment The gear reducer shaft then powers the aerator shaft. Cold Weather Operation High-pressure air produced by the blower is ducted to Ice Control the aerator air inlet. At the same time, the aerator Supplemental Aeration p��,wsYls,Ut,,,,,s, wunrra„dw,3n�at,:, propeller is rotating, creating high mixing velocities. VOC' Removal Odor and Algae Control Leachate Treatment Maximum Dependability, Minimal Maintenance Superior design and high quality construction, ensure the Turbocharged TORNADO Aerator will perform from the very start, and with minimal maintenance year after year. The heat treated solid 17-4 stainless steel shaft is sup- ported by mechanical sealed tapered roller bearings for vibration free reliability. This design allows the Turbo- charged TORNADO Aerator to be used in applications with heavy solids and grit. A large, non -fouling, sub- surface propeller is engineered to resist all ragging. The flexible coupling absorbs any thrust load, so it is not transferred to the motor, extending its life and eliminating the need for expensive heavy-duty motor bearings and costly repairs. The low speed operation, 1750 RI'M, Industrial Applications. The AEROMIX team of experienced engineers developed the high -efficiency Turbo- charged TORNADO .Aerator as an economi- cal and effective solution for many different types of industries, including: Chemical Processintr 'Mine And Beverage Manufacturers Textile industries Pulp And Paper Mills Municipal Waste- water Treatment Dairies LIQUID LEVEL fiather increases aerator life and mixing efficiency. Other long-lasting performance features include: Love -maintenance, replaceable modular seals increase dependability. Simplified motor change -out and motor/shaft coupling reduce down -time and maximize aerator performance, All stainless steel construction prevents corrosion and UV degradation. Easy angle adjustment optimizes aeration/mixing performance and treatment capacity. Factory testing of each Turbocharged TORNADO ensures they meet the highest performance standards in the industry. AIR / TORNADOAerator ° THEORY OF OPERATION AIR -WATER MIXTURE Designed For Optimal Bubble Hang -Time The "Turbocharged TORNADO Aerator mounts at an angle in the water with the motor and air intake above the surface and the propeller below. The motor rotates, turning the solid shaft which spins the propeller. Water moves at a high velocity through and near the propeller blades, creating a low pressure zone at the hub. `The air blower forces air down the draft tube through the propeller and into the wastewater. Air exits into the water at the propeller hub. Turbulence and flow created by the propeller breaks up the air bubbles, mix the basin and disperses oxygen. Horizontal water movement generated by the Turbocharged TORNADO Aerator maximizes oxygen transfer in three ways: by pulling un-oxygenated water in while pushing oxygenated water away; by minimizing the coalescence of bubbles in the plume; and by driving air bubbles deep below the surface for long bubble hang* time. Ask About The Full Aeration Line AEROMIX manuf lCtures a complete line of specialized aeration and mixing equipment for treating water and wastewater in industrial, municipal and freshwater markets. Call today to learn more about the AEROMiX aeration solutions best for your application. Rugged SOIuWns in Watet and Wastewater AEROMIX Systems, Inc. 7135 Madison Ave West Minneapolis, MN 55427 U.S.A. Ph: 800/879-3677, 763/746-8400 Rental units mailable. Fax: 7631746-8408 Covered by united States Patent Nos. 4.741.870 - 5.160,667 - 5.183.596. e-mail: aeromix@aeromix.com t 2007_ HERO IIX Systems. Inc. web site* www aeromix com Collection System SSO 24-Hour Notification Collection System: Number and Name Incident Number from BIMS Incident Reviewed (Date). - Incident Action Taken: BPJ NOV-2008-DV ........................................................................ Spill Date Reported Date Time Time Reported To SWP Staff or EM Staff Z6 Reported By roue J� Address of Spill County am/ pm am/ pm Phone WuJ1P— V '/'W- _15�61 & �� City Of (.✓lC C'.� �D �uJ Cause of Spill 1.11 �� ATotal Estimated Gallons Est. Gal to Stream Stream Fish Kill: Yes No Number Species Non Required Information and other comments relating to SSO incideryt- �, Response time minutes Zone Map Quad�� — to SG, qj- dc" 4'Z_610 FC W WTP Testing Subject: FCWWTP Testing From: "Forney Creek" <fcwwtp@ctc.net> Date: Fri, 23 Mar 2007 16:04:08 -0400 To: <john.lesley@ncmail.net> Forney Creek WWTP Dear Mr. Lesley, I will be testing for Forney Creek WWTP (Lincoln County Public Works) on Sunday, Monday, and Tuesday (March 25, 26, 27). As per our conversation on the phone, this will be a one time occurrence, as I will be out of town on March 28, 29, and 30th and will be unable to perform our regular scheduled testing. Thank you in advance for your time. Oweita T. Futrell (Susie), Lab Supervisor 1 of 1 3/26/2007 8:10 AM ATFh,QG C Mr. Stephen Gilbert Director of Public Utilities County of Lincoln 115 West Main Street Lincolnton, NC 28092 Dear Mr. Gilbert: PJ-46i 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 March 13, 2007 Subject: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, North Carolina Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 9, 2007 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, ('i�v' Samar Bou-Ghazale Acting Regional Supervisor Surface Water Protection Section Enclosure cc: Lincoln County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I ,t1 2 151 31 N00074012 111 121 07/03/09 117 18I--1I 191 gl 201 Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved ---------------------- 67I 1.0 169 70I 4 I 711 I 721 rtl I 73 L LJ 74 751 I I I I I 1-1 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Forney Creek WWTP 12:45 PM 07/03/09 06/01/01 Exit Time/Date Permit Expiration Date Little Egypt Rd Denver NC 28037 03:30 PM 07/03/09 10/02/28 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Lawson David Starnes/ORC/704-822-9667/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Stephen A Gilbert,115 W Main St Lincolnton NC 28092//704-736-8495/7047368499 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 Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Donna H d MRO WQ/// Signature of Management Q A R view r Agency/Office/Phone and Fax Numbers Date r M is /A71oCCo MR.O WQ//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I N00074012 I11 12I 07/03/09 I17 18H Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Additional Comments. - Forney Creek is currently under expansion due to high growth in the area. The expansion td7.975 mgd is expected to be complete the week of 3/16/2007. Lincoln County is currently planning for a new treatment facility with a much higher flow capacity. This will address the high flow issues that have arisen from high growth in the Forney Creek service area. Page # 2 Permit: NCO074012 Inspection Date: 03/09/2007 Permit Owner - Facility: Forney Creek WWTP Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ El 0 n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Forney Creek's permit is effective from January 1, 2006-February 28, 2010. Authorization to Construct #074012A01 has been issued for the plant upgrade to 0.975 mgd. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ 0 0 n Judge, and other that are applicable? Comment: The plant appeared to be well maintained and operated at the time of the inspection. Record Keepin 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 Page # 3 Permit: NCO074012 Inspection Date: 03/09/2007 Owner - Facility: Forney Creek VVVVfP Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: DMR's for January 2006-December2006 were reviewed for the inspection. One previously handled violation for dissolved oxygen was reported on 4/26/2006. No other violations were reported for the review period. 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 1.0 to 4.4 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ■ n n n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ■ n n n Comment: Forney Creek operates certified lab #558. Please refer to the report by Mr. Chey Whiting, of this Office, for any laboratory recommendations. Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ n n n Is the wet well free of excessive grease? ■ n n n 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 n Is audible and visual alarm available and operational? ■ n n n Comment Influent Sampling Yes No NA NE # Is composite sampling flow proportional? ■ n n n Is sample collected above side streams? ■ n n n Is proper volume collected? ■ n n n Is the tubing clean? ■ n n n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Is sampling performed according to the permit? ■ n n n Page # 4 Permit: NCO074012 Inspection Date: 03/09/2007 Owner - Facility: Forney Creek VWVfP Inspection Type: Compliance Evaluation Nil Influent Sampling Yes No NA NE Comment: Influent sampling is flow proportional with 100ml aliquots being pulled. Sampler temperature was 30C on the day of the inspection. Chemical Feed Yes No NA NE Is containment adequate? ■ n n n Is storage adequate? ■ n n n Are backup pumps available? ■ n n n Is the site free of excessive leaking? ■ n n n Comment: Caustic is added to the influent for pH adjustment. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ■ 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: Screenings are taken to the county landfill by Waste Management, Inc. Grit Removal Yes No NA NE Type of grit removal a.Manual b.Mechanical ■ Is the grit free of excessive organic matter? ■ n n n Is the grit free of excessive odor? ■ n n n # Is disposal of grit in compliance? ■ n n n Comment: Grit is taken to the county landfill by Waste Management, Inc. Oxidation Ditches Yes No NA NE Are the aerators operational? ■ n n n Are the aerators free of excessive solids build up? ■ n n n # 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 Page # 5 Permit: NCO074012 Inspection Date: 03/09/2007 Owner - Facility: Forney Creek VVVVTP Inspection Type: Compliance Evaluation Oxidation Ditches Yes No NA NE Is the DO level acceptable? ■ n n n Are settleometer results acceptable (> 30 minutes)? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) n n n ■ Comment: Dissolved oxygen results are as follows: outer ring, .02 mg/L; center ring, 1.5 mg/L; inner ring 5.48 mg/L. 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 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 n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n ❑ n Is the sludge blanket level acceptable? (Approximately M. of the sidewall depth) ■ n n n Comment: Solids Handling Equipment Yes No NA NE Is the equipment operational? ■ n n n Is the chemical feed equipment operational? n n ■ n Is storage adequate? ■ n n n Is the site free of high level of solids in filtrate from filter presses or vacuum filters? n n ■ o Is the site free of sludge buildup on belts and/or rollers of filter press? n n ■ n Is the site free of excessive moisture in belt filter press sludge cake? n n ■ n The facility has an approved sludge management plan? n n ■ n Comment: The DAF unit appeared to be well operated on the day of the inspection. The existing sludge holding tank has been retrofitted with an overflow pipe. Aerobic Digester Yes No NA NE Page # 6 Permit: NC0074012 Inspection Date: 03/09/2007 Owner - Facility: Forney Creek WWTP Inspection Type: Compliance Evaluation Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ n n n Is the site free of excessive foaming in the tank? ■ n n n # Is the odor acceptable? ■ n n n # Is tankage available for properly waste sludge? ■ 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 Comment: Disinfection -Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? ■ n n n Is there adequate reserve supply of disinfectant? ■ n n n Is the level of chlorine residual acceptable? n n n ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? n n n ■ Does the Stationary Source have more than 2500 Ibs of Chlorine (CAS No. 7782-50-5)? n n ■ n If yes, then is there a Risk Management Plan on site? n n ■ n If yes, then what is the EPA twelve digit ID Number? (1000 - ) If yes, then when was the RMP last updated? Comment: Chlorine facilites have been upgraded under the previously mentioned AtoC. De -chlorination Yes No NA NE Type of system ? Gas Is the feed ratio proportional to chlorine amount (1 to 1)? ■ n Cl n Is storage appropriate for cylinders? ■ n n n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment Page # 7 Permit: NCO074012 Inspection Date: 03/09/2007 Owner - Facility: Forney Creek VWVfP Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Are the tablets the proper size and type? ❑ n ■ Are tablet de -chlorinators operational? ❑ n ■ ❑ Number of tubes in use? Comment: Sulfur dioxide is used to dechlorinate the effluent Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ n n n Is the flow meter operational? ■ n n n (If units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: Effluent flow meter was last calibrated by Ken Nash on 9/19/2006. Effluent flow was 0.704 mgd at 1:50 pm on the day of the inspection. Standby Power Yes No NA NE Is automatically activated standby power available? ■ n n n Is the generator tested by interrupting primary power source? ■ n n n Is the generator tested under load? ■ n n n Was generator tested & operational during the inspection? n ❑ ■ n Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ n n n Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ n n n Is the generator fuel level monitored? ■ n n n Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n n Is sample collected below all treatment units? ■ n n n Is proper volume collected? ■ ❑ ❑ n Is the tubing clean? ■ n n n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ n 00 Page # 8 D E N R Alm COMPLAINT INFORMAT C) 6k, C' rq k COMPLAINANT (Name, Address, Telephone Number): FQ m t CIRCUMSTANCES: DIRECTIONS TO SITE (attach map if necessary): OTHER INFORMATION: Received by: Date: ON FORM G 7 r Y Mr. Stephen Gilbert Director of Public Utilities County of Lincoln 115 West Main Street Lincolnton, NC 28092 Dear Mr. Gilbert: e'lil, 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 February 13, 2006 Subject: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, North Carolina Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 8, 2006 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood or me at (704) 663-1699. Sincerely, t� �►i�? D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Lincoln County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. 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 ! NI 2 15� 31 NCO074012 111 121 06/02/08 117 18' C 19I eI 20U -! Remarks 2111111111IIII IIII IIIIIIII IIIIII11IIIIII1111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CA --------------------------- Reserved ---------------------- 67I 2.5 169 70I 4 I 71' tyI 72I N I 73' I 174 751 I I( I I 11 80 1_I—I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Forney Creek WWTP 12:20 PM 06/02/08 06/01/01 Exit Time/Date Permit Expiration Date Little Egypt Rd Denver NC 28037 03:30 PM 06/02/08 10/02/28 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Lawson David Starnes/ORC/704-822-9667/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Stephen A Gilbert,115 W Main St Lincolnton NC 28092//704-736-8495/7047368499 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit 0 Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program N 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 d MRO WQ/// h � Signature of Management 6 Reviewer Agency/Office/Phone and Fax Numbers J Date /} John E Lesley MRO WQ//704-663-1699 Ext.270/ v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 Permit: NCO074012 Inspection Date: 02/08/2006 Owner - Facility: Forney Creek vW TP Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ 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: Forney Creek has recently received a permit modification for increased flow. Limits associated with the increased flow modification will become effective following completion of the plant upgrade. Construction is due to start immediately. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ■ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ■ 0011 Is the chain -of -custody complete? ■ ❑ ❑ ❑ Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ ■ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Facility has copy of previous year's Annual Report on file for review? ❑ ■ ❑ ❑ Page # 3 Permit: NCO074012 Inspection Date: 02/08/2006 Record Keepin Owner - Facility: Forney Creek WWTP Inspection Type: Compliance Evaluation Comment: DMRs of December 2004-November 2005 were reviewed for the inspection. No violations were observed for the review period. It was noted during the inspection that less than values were being reported in the monthly averages. No less than or greater than values should be in the monthly averages. When calculating monthly averages, less than values should be considered a zero for arithmetic averages and a one for geometirc mean. No annual performance report was on file. Please begin submitting an annual performance report to users and to the Division. Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? Comment: Forney Creek is performing analyses under lab certification #558. Pace (#12) is performing all other necessary analyses. Please refer to the report generated by Mr. Chet Whiting, of this Office, for any lab recommendations. Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Yes No NA NE Yes No NA NE ■ ❑ ❑ ❑ ■❑❑❑ ■❑❑❑ ■ ❑ ❑ ❑ ■❑❑❑ ■❑❑❑ Yes No NA NE ■❑❑❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ Cl ❑ ❑ Judge, and other that are applicable? Comment: Forney Creek appeared to be well maintained and operated at the time of the inspection. Several methods of redundancy were built-in throughout the plant to prevent any unexpected environmental impact from equipment failure. Mr. Pete Starnes, ORC, should be commended for his forethought and planning Pump Station - Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ ❑ ❑ ❑ Is the wet well free of excessive grease? ■ ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? 0 ❑ ❑ ❑ Are float controls operable? 0 ❑ ❑ ❑ Is SCADA telemetry available and operational? ■ ❑ ❑ ❑ Is audible and visual alarm available and operational? ■ ❑ ❑ ❑ Comment: The influent pump station is monitored by SCADA as well as an autodialer. Flow Measurement - Influent Yes No NA NE Page # 4 Permit: NCO074012 Owner - Facility: Forney Creek WWfP Inspection Date: 02/08/2006 Inspection Type: Compliance Evaluation Flow Measurement - Influent Yes No NA NE # Is flow meter used for reporting? ■ n n n Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ ■ Comment: Flow meter was last calibrated by Ken Nash Inc. on 9/1/2005. Influent Sampling Yes No NA NE # Is composite sampling flow proportional? ■ ❑ Q ❑ Is sample collected above side streams? ■ ❑ ❑ ❑ Is proper volume collected? ❑ ■ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is sampling performed according to the permit? ■ ❑ ❑ n Comment: The composite sampler was set to pull 50 mis per sample. Please be aware that according to the permit at least 100 mis must be pulled per sample. Bar Screens Yes No NA NE Type of bar screen a.Manual ❑ b. Mechanical ■ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: Screenings are disposed of by Waste Management at the county landfill. Grit Remnval Yes No NA NE Type of grit removal a.Manual ❑ b.Mechanical ■ Is the grit free of excessive organic matter? ■ ❑ Cl ❑ Is the grit free of excessive odor? ■ ❑ ❑ ❑ # Is disposal of grit in compliance? ■ ❑ ❑ ❑ Page # 5 V Permit: NCO074012 Inspection Date: 02/08/2006 Owner - Facility: Forney Creek WWTP Inspection Type: Compliance Evaluation Grit Removal Yes No NA NE Comment: Grit is disposed of by Waste Management at the county landfill. Aerobic Digester Yes No NA NE 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: A DAF unit is used to thicken sludge and appeared to be working very well on the day of the inspection. Sludge is pumped from the digesters into a sludge holding tank, where Southern Soil Builders then land applies it under permit WQ0016922 . �► c _ Yon Nn NO NF Is containment adequate? ■ ❑ ❑ ❑ Is storage adequate? ■ ❑ ❑ ❑ Are backup pumps available? ■ ❑ ❑ ❑ Is the site free of excessive leaking? ■ ❑ ❑ ❑ Comment: Caustic feed facility will be rehabbed during the upgrade. Oxidation Ditches Yes No NA NE Are the aerators operational? ■ ❑ ❑ ❑ Are the aerators free of excessive solids build up? ■ ❑ ❑ ❑ # Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ Q ■ Are settleometer results acceptable (> 30 minutes)? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ Cl ❑ ■ Are settelometer results acceptable?(400 to 800 ml/I in 30 minutes) ❑ ❑ ❑ ■ Comment: The oxidation ditches appeared to be well mixed and oxygenated on the day of the inspection. Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ Cl ❑ Is the generator tested by interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? ■ ❑ ❑ ❑ Page # 6 Permit: NC0074012 Inspection Date: 02/08/2006 Owner • Facility: Forney Creek WWTP Inspection Type: Compliance Evaluation Standby Power Yes No NA NE Was generator tested & operational during the inspection? ■ ❑ ❑ ❑ Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ ❑ Is the generator fuel level monitored? ■ ❑ ❑ ❑ Comment: The generator was exercised under load during the inspection. Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ ❑ ❑ ❑ Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ■ ❑ ❑ ❑ Comment: Secondary Clarifier Yes No NA NE 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? ■ ❑ ❑ Cl 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: Disinfection -Gas Yes No NA NE Are cylinders secured adequately? ■ ❑ ❑ ❑ Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ 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? ❑ ❑ ❑ ■ Page # 7 pr Permit: NCO074012 Inspection Date: 02/08/2006 Owner - Facility: Forney Creek VWVfP Inspection Type: Compliance Evaluation Disinfection -Gas Yes No NA NE Comment: Gas disinfection area will be rehabbed during the plant upgrade. Tablet chlorination is kept as a back up to gas disinfection. De -chlorination Yes No NA NE Type of system ? Gas Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? MOOD # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ❑ ❑ ■ ❑ Are tablet de -chlorinators operational? ❑ ❑ ■ ❑ Number of tubes in use? Comment: Dechlorination will be rehabbed during the plant upgrade 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: Ken Nash last calibrated the flow meter on 9/1/2005. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? ■ n n ❑ Is sample collected below all treatment units? ■ n n ❑ Is proper volume collected? ❑ ■ ❑ ❑ Is the tubing clean? ■ ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ■ ❑ ❑ ❑ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n ❑ Comment: Only 50 mis was being collected per pull on the composite, sampler. Please adjust this to at least 100 mis, per permit requirement. 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? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ■ ❑ Page # 8 C;0 cOL� COUNTY OF LINCOLN NORTH CAROLINA Tfl CAR°� 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 NOTIFICATION OF AVAILABILITY OF THE WASTEWATER PERFORMANCE ANNUAL REPORT OF THE EAST LINCOLN COUNTY SEWER DISTRICT House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems provide a summarized annual report to its customers and to the Department of Environment and Natural Resources on the performance of the wastewater treatment plant and the collections system over the past twelve months. In accordance with this regulation, the East Lincoln County Sewer District is pleased to provide copies of the Annual Performance Report for review by the public at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, NC 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, NC 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, NC 28164 (704)822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704) 483-3589 For further information please contact the East Lincoln County Sewer District at (704) 736-8497. c°� cOGti T COUNTY OF LINCOLN, NORTH CAROLINA �° *w.n 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 'PJy CAR°` DEPARTMENT OF PUBLIC WORKS (704)736-8497 FAX (704) 736-8499 East Lincoln Sewer District — Middle Forney Creek WWTP Annual Performance Report January 01, 2005 thru December 31, 2005 I. General Information: Facility/System Name: Middle Forney Creek WWTP Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director of Public Utilities 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Operator Responsible in Charge: Lawson D. Starnes 7533 S. Little Egypt Rd. Stanley, N C. 28164 (704)822-9667 Applicable Permits: NCO074012 Wastewater Treatment System Description: Middle Forney creek is a 0.75 MGD facility with the following components: • Influent pump station with dual pumps • Parshall flume with ultrasonic flow recorder • Manual bypass screen • Aerated grit removal basin • Oxidation ditch with 3 channels • Dual final clarifiers • Dual chlorine contact chambers • Gas dechlorination • Cascade post aeration • Return sludge pumping station with dual pumps • Aerobic sludge digester • Gravity sludge thickener • Sludge holding tank This facility discharges into Forney Creek, classified C waters in the Catawba River Basin II. Performance: Forney Creek WWTP operated within the limits of the permit for the year of 2005 III. Notification: This report is available to all the residents of the East Lincoln Sewer District and can be obtained at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, N.C. 28092 (704) 736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704)483-7082 Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704) 822-9667 Page 1 of 2 c,°� cO6ti COUNTY OF LINCOLN, NORTH CAROLINA 2°�•n �� 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 CAR DEPARTMENT OF PUBLIC WORKS (704)736-8497 FAX (704) 736-8499 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704)483-3589 1V. 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 East Lincoln Sewer District and that those users have been notified of its availability. Lawson D.Stames ORC Forney Creek WWTP 7533 S. Little Egypt Rd Stanley, NC 28164 (704)822-9668 Date: Page 2 of 2 G0 COGS T 20 "c_ COUNTY OF LINCOLN, NORTH CAROLINA �Ty CIA 1 1 5 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 I. General Information: Facility/System Name: East Lincoln Sewer District Responsible Entity: Lincoln County Permittee: Stephen A_ Gilbert, PE, PLS - Director of Public Utilities 115 West Main Street Lincolnton, N.C.28092 (704) 736-8497 Operator Responsible in Charge: Olan C. Henderson, Utility Maintenance Supervisor 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Applicable Permits: WQCS00149 Wastewater Collections System Description: The East Lincoln Sewer District Collections System consists of approximately I Ij 80 linear feet of 24" gravity sanitary sewer lines; 6,540 linear feet of 18" gravity sanitary sewer lines; 974 linear feet of 15" gravity sewer lines; 8,810 linear feet of 8" gravity sanitary sewer lines; 15,784 linear feet of 6" force main; 1,833 linear feet of 4" low pressure sewer lines; 17,423 linear feet of 3" low pressure sewer lines; 34,204 linear feet of 25" low pressure sewer lines; 12,254 linear feet of2" low pressure sewer lines and 24 sewer pump stations serving approximately 2,724 customers. The low pressure sewer system utilizes individually owned grinder pumps and small diameter pressure lines to collect and convey sewage to the gravity sewer system. Flows from the low pressure and gravity sewer systems are collected at the 24 strategically placed sewer pump stations and pumped via the force mains to the outfall gravity sewer system to be deposited at the Middle Forney Creek Wastewater Treatment Facility (Permit #NC0074012) at 7533 South Little Egypt Road. II. Performance: The East Lincoln Sewer District Wastewater Collections System had the following sanitary sewer overflows L Date: February 18, 2005 Time: 1:30 p.m. Location: Lot 423 Silver Jade Drive Sailview Subdivision Denver, North Carolina Incident: A building contractor drove over and crushed an 1-1/2" low pressure service line which overflowed into a storm drain that emptied into Lake Norman. Spill Amount: 500 gallons Impact: None detected. Corrective Action: Service line was repaired. Excess spillage was vacuumed. Service line was repaired. Site was disinfected with five gallons of chlorine and twenty-five pounds of lime. 2. Date: February 22, 2005 Time: 2:35 p.m. Location: 2854 Lakeshore Road South Westport Subdivision Denver, North Carolina Incident: Utility Workers struck an 1-1/2" low pressure service line which overflowed into a L0 CpG� T COUNTY OF LINCOLN NORTH CAROLINA ATy CA 1 1 5 WEST MAIN STREET, 2Nc FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 (Page 2) III. Performance (cont.): storm drain that emptied into Lake Norman. Spill Amount: 100 gallons Impact: None detected. Corrective Action: Service line was repaired. Excess spillage was vacuumed. Service line was repaired. Site was disinfected with five gallons of chlorine and twenty-five pounds of lime. 3. Date: September 07, 2005 Time: 7:45 am. Location: Pump Station #4 7755 Blade Trail Denver, North Carolina Incident: Primary and secondary pump failure due to electrical short in a junction box causing an overflow into a storm drain that emptied into Lake Norman. Spill Amount: 500 gallons. Impact: None detected. Corrective Action: Electrical short was repaired. Excess spillage was vacuumed. Site was disinfected with ten gallons of chlorine and forty pounds of lime. Repairs were made with no further incidents at this location. 4. Date: October 07, 2005 Time: 12:00 a.m. Location: Pump Station # 12 2460 Highway 16 North Denver, North Carolina Incident: Inflow and infiltration of system due to Tropical Storm "Tammy' which deposited over 8 inches of rain in a two day period. Primary and secondary pumps were operational but could not handle the extreme flow causing an overflow into a tributary of Burton Creek. Spill Amount: 4,050 gallons. Impact: None detected. Corrective Action: Pump station was monitored until storm ended and conditions returned to normal. 5. Date: October 07, 2005 Time: 12:00 a.m. Location: Pump Station # 11 3339 Highway 16 North Denver, North Carolina Incident: Inflow and infiltration of system due to Tropical Storm "Tammy' which deposited over 8 inches of rain in a two day period. Primary and secondary pumps were operational but could not handle the extreme flow causing an overflow into a tributary of Forney Creek. Spill Amount: 4,050 gallons. Impact: None detected. Corrective Action: Pump station was monitored until storm ended and conditions returned to normal. 0 cOG ' COUNTY OF LINCOLNf NORTH CAROLINA CAa°y 1 15 WEST MAIN STREET, 2Nc FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 (Page 3) IV. Notification: This report is available to all the residents of the East Lincoln Sewer District and can be obtained at the following locations: I . Lincoln County Public Works 115 West Main Street Lincolmon, N.C. 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704)822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, N.C. 28037 (704) 483-3589 V. Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. 1 further certify that this report has been made available to the users or customers of the East Lincoln Sewer District and that those users have been notified of its availability. LL'�) '�) Date: (G Olan C. Henderson Utility Maintenance Supervisor Lincoln County Public Works 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 December 9, 2005 Mr. Stephen Gilbert, Director of Public Works East Lincoln County Water and Sewer District 115 West Main St. Lincolnton, North Carolina 28092 SUBJECT: Authorization to Construct A to C No. 074012AOI East Lincoln County Water and Sewer District Middle Forney Creek W WTP Lincoln County Dear Mr. Gilbert: A letter of request for Authorization to Construct was received March 14, 2005, by the Division, and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the existing 0.75 MGD Middle Forney Creek Wastewater Treatment Plant, with discharge of treated wastewater into Forney Creek in the Catawba River Basin. This authorization results in an increase in design and permitted capacity to 0.975 MGD, and is awarded for the construction of the following specific modifications: Installation of dual 2.437 MGD submersible influent sewage pumps, conversion of the existing sludge pump station to a scum pump station with dual 0.144 MGD submersible scum pumps, construction of a new sludge pump station with dual 0.144 MGD submersible sludge pumps, replacement of two 7.5 Hp sludge transfer pump motors with 10 Hp motors, installation of two 10 Hp sludge holding tank mixers, construction of a new chlorine contact chamber, new chlorination and dechlorination facilities, associated piping and appurtenances, in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NCO074012 issued December 5, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0074012. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper o a NhCarolina Naturally Phone (919) 733-7015 Customer Service FAX (919) 733-2496 1-877-623-6748 Mr. Stephen Gilbert, Director of Public Works December 9, 2005 Page 2 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number (704) 663-1699, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to Cecil G. Madden, Jr., P.E., Construction Grants & Loans, DWQ / DENR, 1633 Mail Service Center, Raleigh, NC 27699- 1633. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of T15A:8G.0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III and IV facility at least daily, excluding weekends and holidays, must properly manage the facility, must document daily operation and maintenance of the facility, and must comply with all other conditions of TI5A:8G.0202. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. During the construction of the proposed additions/modifications, the permittee shall continue to properly maintain and operate the existing wastewater treatment facilities at all times, and in such a manner, as necessary to comply with the effluent limits specified in the NPDES Permit. You are reminded that it is mandatory for the project to be constructed in accordance with the North Carolina Sedimentation Pollution Control Act, and, when applicable, the North Carolina Dam Safety Act. In addition, the specifications must clearly state what the contractor's responsibilities shall be in complying with these Acts. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Mr. Stephen Gilbert, Director of Public Works December 9, 2005 Page 3 The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Cecil G. Madden, Jr., P.E. at telephone number (919) 715-6203. Sincerely, imek, P.E. MH:cgm cc: Charles Froneberger, RE - W.K. Dickson Lincoln County Health Department 4QW' Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Mark Hubard, P.E. A to C File East Lincoln Water & Sewer District A To C No. 074012A01 Issued December 5, 2005 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the modifications and improvements to the Middle Forney Creek WWTP, located on Little Egypt Road in Lincoln County for the East Lincoln Water & Sewer District, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the following construction: Installation of dual 2.437 MGD submersible influent sewage pumps, conversion of the existing sludge pump station to a scum pump station with dual 0.144 MGD submersible scum pumps, construction of a new sludge pump station with dual 0.144 MGD submersible sludge pumps, replacement of two 7.5 Hp sludge transfer pump motors with 10 Hp motors, installation of two 10 Hp sludge holding tank mixers, construction of a new chlorine contact chamber, new chlorination and dechlorination facilities, associated piping and appurtenances, in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. We understand that the new limits associated with the modifications to expand to 0.975 MGD now apply. Signature Date Registration No Send to: Construction Grants & Loans DENR/DWQ 1633 Mail Service Center Raleigh, NC 27699-1633 Michael F. Easley, Governor William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 1 Alan W. Klimek, P.E. Director Division of Water Quality December 19, 2006 558 Ms. Oweita T. Futrell Forney Creek WWTP - Lincoln County 7533 S. Little Egypt Rd. Stanley, NC 28164- SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal Dear Ms. Futrell: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact your assigned inspector Chet Whiting at (704) 235-2201, if you have questions or need additional information. Sincerely, it Pat Donnelly Branch Manager Enclosure cc: Chet Whiting Mooresville Regional Office No e hCarolina Natimally Laboratory Section 1623 Mail Service Center Raleigh, NC 27699-1623 Phone (919) 733-3908 Customer Service Internet: w«wA%Yglab.orb Location: 4405 Reedy Creek Rd. Raleigh, NC 27607 Fax (919) 733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C.G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: FORNEY CREEK WWTP - LINCOLN COUNTY Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2007 Certificate No. 558 i Pat Donnelly ' Attachment North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing Forney Creek WWTP - Lincoln County Certificate Number: 558 7533 S. Little Egypt Rd. Effective Date: 01/01/2007 Stanley, NC 28164- Expiration Date: 12/31/2007 Date of Last Amendment: The above named laboratory, having duly met the requirements of 15A.NCAC 21-1.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS INORGANICS BOD Sid Method 5210B RESIDUAL CHLORINE Std Method 4500 Cl G COLIFORM FECAL Std Method 9222D (MF) CONDUCTIVITY Std Method 2510E DISSOLVED OXYGEN Std Method 4500 O G AMMONIA NITROGEN Std Method 4500 NH3 F pH Std Method 4500 H B RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550E This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples. Laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807. OFWATF9 r NCDENR > i o -c Ms. Hannah Stallings Construction Grants and Loans Section Dear Ms. Stallings: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan Klimek, P.E., Director Division of Water Quality March 24, 2006 Subject: Engineering Alternative Analysis (EAA) East Lincoln Country Water and Sewer District Project No. CS370825-01 The NPDES-West staff has reviewed an Engineering Report for East Lincoln County Water and Sewer District and determined that the FAA portion of this report is unsatisfactory and lacks the following items: Complete evaluation of discharge alternatives. The Division requires applicants for new and expanding discharge permits to fully document all alternatives to surface water discharge (15A NCAC 2H.0105 (c)(2)). Each discharge alternative should be thoroughly evaluated and each conclusion should be substantiated by appropriate documents and itemized budgets. The current format of the document, with cost evaluations hidden in the Appendix F, makes it difficult to compare different alternatives. In addition, the Appendix F presents only one alternative to the surface discharge. Other alternatives are not fully evaluated. The consultant should follow the EAA guidance and fulfill all listed requirements when evaluating alternatives. The report thoroughly compares Sequencing Batch Reactor with Oxidation Ditch and different types of collection systems, but does not address all the EAA issues in accordance with FAA Guidance. ► %. UE1,- ,-- t AND 1;, MOORECI: r MAR 2 8 200' WATER iiLITY SE.CT1fu cc: NPDES File Sincerely, i ' gei Chernikov, Ph.D. nvironmental Engineer II NPDES-WEST N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083, extension 594 1617 Mail Service Center, Raleigh, NC 27699-1617 Fax: (919) 733-0719 Internet: h2o.enr.state.nc.us e-mail: sergei.chemikov@ncmail.net COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 February 27, 2006 Mr. D. Rex Gleason, P. E. Surface Water Protection Regional Supervisor NC Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO07401 2 Lincoln County, North Carolina Dear Mr. Gleason: AMID NAfiJ€K _ ` : � '_''�URCE9 "AL OFI MAR 0 2006 eth L u; This letter is in response to the lettered comments of the on -site plant inspection performed on February 8, 2006 by Ms. Donna Hood and Mr. Chet Whiting at the Forney Creek WWTP. GENERAL COMMENTS 1. Forney Creek has recently received a permit modification for increased flow. Limits associated with the increased flow modification will become effective following completion of the plant upgrade. Construction is due to start immediately. Response: We are currently waiting for construction to start with this upgrade at Forney Creek. I will keep you informed of the progression as it occurs. 2. DMRs of December 2004 through November 2005 were reviewed for the inspection. No violations were observed for the review period. It was noted during the inspection that``less than values were being reported in the monthly averages. N6'less thar`,or''greater than"' values should be in the monthly averages. When calculating monthly averages, less than PV Lincoln County Forney Creek WWTP Page 2 Response Letter 2-27-2006 values should be considered a zero for arithmetic averages and a one for geometric mean. No annual performance report was on file. Please begin submitting an annual performance report to users and to the Division. Response: I have made the changes to the DMR that will not reflect any less than or greater than values in the monthly averages. I have enclosed a copy of Forney Creek WWTP Performance Annual Report of the East Lincoln County Sewer District for your review. 3. Forney Creek is performing analyses under lab certification #558. Pace (#12) is performing all other necessary analyses. Please refer to the report generated by Mr. Chet Whiting, of this office, for any lab recommendations. Response: At the time of this response letter, we have not received the report from Mr. Whiting. There were four recommendations made during his inspection to our laboratory. All four recommendations have been initiated and will be addressed in the response letter to Mr. Whiting and to Mr. Meyer. 4. Forney Creek appeared to be well maintained and operated at the time of the inspection. Several methods of redundancy were built-in throughout the plant to prevent any unexpected environmental impact for equipment failure. Mr. Pete Starnes, ORC, should be commended for his forethought and planning. Response: By installing additional monitoring systems at the plant that will alert me or the wastewater treatment plant operator (on call) of a potential problems, we feel we are providing additional protection to the citizens of Lincoln County. 5. The influent pump station is monitored by SCADA as well as an auto dialer. Response: Please see response #4 above. 6. Flow meter was last calibrated my Ken Nash, Inc. on 9/1 /2005. Response: Mr. Nash services our plant computer system yearly as well as providing repair and/or upgrade services when needed. 7. The composite sampler was set to pull 50 mis per sample. Please be aware that according to the permit, at least 100 mis must be pulled per sample. Lincoln County Forney Creek WWTP Response Letter 2-27-2006 Page 3 Response: The sample aliquot was changed to pull 100 mis immediately after Ms. Hood advised me of this discrepancy. 8. Screenings were disposed of by,,iiaste�Management) at the county landfill. -- Response: Waste Management empties the screening waste material on a weekly basis. 11 9. Grit is disposed of by Waste Management.at the county landfill. Response: See Response to #8 above. 10. A DAF unit is used to thicken sludge and appeared to be working very well on the day of the inspection. Sludge is pumped from the digesters into a sludge holding tank, whet outhern Soil Buil�cer then land applies it under permit WQ0016922. -- - ��.,. w�7 ; Response: Southern Soil Builders hauls sludge for our plant approximately every other month, or sooner if needed. 11. Caustic feed facility will be rehabbed during the upgrade. Response: The caustic facility is one of the areas to be improved during the upgrade. I will keep you informed as changes are made. 12. The oxidation ditches appeared to be well mixed and oxygenated on the day of the inspection. Response: We check the dissolved oxygen at Forney Creek WWTP usually twice weekly (or more if needed) to ascertain levels are being maintained within satisfactory limits. �-ec� 1 �.��4_tz�c 1 J �d u: 914 a7 13. The generator was exercised under load during the inspection." - Response: The generator goes through a test cycle every Thursday. The generator is serviced on a regular basis. 14. Gas disinfection area will be rehabbed during the plant upgrade. ,­�ab�hlorinator is kept as a back up to gas disinfection. Response: This is another area that will be improved upon during the upgrade. Chlorine tanks are checked on a daily basis and contact chamber chlorine readings are tested three times weekly. Adjustments are made accordingly. Lincoln County Forney Creek WWTP Response Letter 2-27-2006 15. Dechlorination will be rehabbed during the plant upgrade. Response: See response #14. 16. Cen Nash%ast calibrated the flow meter on 9/1/2005. .�--I/ Response: See response #6. Page 4 17. Only 50 mis was being collected per pull on the composite sampler. Please adjust this to at least 100 mis, per permit requirement. Response: See response #7. If you have any questions, please do not hesitate to contact me at (704) 822-9667. Sincerely, Lawson D. Starnes (Pete) Forney Creek WWTP ORC /enclosure Cc: Ms. Donna Hood Mr. Chet Whiting Mooresville Regional Office Mr. Stephen Gilbert Director of Lincoln County Public Utilities GO Cp NTY OF LINCOLN NORTH CAROLINA 4Tff CAR�C O � ' 1 1 5 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8497 FAX (704) 736-8499 NOTIFICATION OF AVAILABILITY OF THE WASTEWATER PERFORMANCE ANNUAL REPORT OF THE EAST L'NCOLN COUNTY SEWER DISTRICT House Bill 1160, which the General Assembly enacted in July 1999, requires that municipalities, animal operations, industries and others who operate waste handling systems provide a summarized annual report to its customers and to the Department of Environment and Natural Resources on the performance of the wastewater treatment plant and the collections system over the past twelve months. In accordance with this regulation, the East Lincoln County Sewer District is pleased to provide copies of the Annual Performance Report for review by the public at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, NC 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, NC 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, NC 28164 (704)822-9667 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704) 483-3589 14%, LLL' I. Us ., , AND NAT' ?X RESOUitCE$ woRE T. MAR 0 2 20n(i For further information please contact the East Lincoln County Sewer District at (704) 736-8497. GOB COGS n COUNTY OF LINCOLN, NORTH CAROLINA 20 e 115 WEST MAIN STREET 2ND FLOOR CITIZENS CENTER LINCONTON NORTH CAROLINA 28092 CA40� DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704)736-8499 East Lincoln Sewer District — Middle Forney Creek WWTP Annual Performance Report January 01, 2005 thru December 31, 2005 I. General Information: Facility/System Name: Middle Forney Creek WWTP Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director of Public Utilities 1) 5 West Main Street Lincolnton, N.C.28092 (704)736-8497 Operator Responsible in Charge: Lawson D. Starnes 7533 S. Little Egypt Rd. Stanley, N C. 28164 (704)822-9667 Applicable Permits: NCO074012 Wastewater Treatment System Description: Middle Forney creek is a 0.75 MGD facility with the following components: • Influent pump station with dual pumps • Parshall flume with ultrasonic flow recorder • Manual bypass screen • Aerated grit removal basin • Oxidation ditch with 3 channels • Dual final clarifiers • Dual chlorine contact chambers • Gas dechlorination • Cascade post aeration • Return sludge pumping station with dual pumps • Aerobic sludge digester • Gravity sludge thickener • Sludge holding tank This facility discharges into Forney Creek, classified C waters in the Catawba River Basin II. Performance: Forney Creek WWTP operated within the limits of the permit for the year of 2005 III. Notification: This report is available to all the residents of the East Lincoln Sewer District and can be obtained at the following locations: 1. Lincoln County Public Works 115 West Main Street Lincolnton, N.C.28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704) 822-9667 Page 1 of 2 co ,-� COUNTY OF LINCOLN, NORTH CAROLINA y0 �r 115 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 C OLL DEPARTMENT OF PUBLIC WORKS (704)736-8497 FAX (704)736-8499 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Road Denver, NC 28037 (704)483-3589 IV. Certification: I certify under penalty of law that this report is complete and accurate to the best of my knowledge. 1 further certify that this report has been made available to the users or customers of the East Lincoln Sewer District and that those users have been notified of its availability. Date: Lawson D.Stames ORC Forney Creek WWTP 7533 S. Little Egypt Rd. Stanley, NC 28164 (704)822-9668 Page 2 of 2 10 co TT COUNTY OF LINCOLN, NORTH CAROLINA CA4�� I I S WEST MAIN STREET, 2N1) FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 I. General Information: Faci6ty/System Name: East Lincoln Sewer District Responsible Entity: Lincoln County Permittee: Stephen A. Gilbert, PE, PLS - Director of Public Utilities 115 West Main Street Lincohiton, N.C. 28092 (704) 736-8497 Operator Responsible in Charge: Olan C. Henderson, Utility Maintenance Supervisor 115 West Main Street Lincolnton, N.C. 28092 (704)736-8497 Applicable Permits: WQCS00149 Wastewater Collectioes System Description: The East Lincoln Sewer District Collections System consists of approximately 11,180 linear feet of 24" gravity sanitary sewer lines; 6,540 linear feet of 18" gravity sanitary sewer lines; 974 linear feet of 15" gravity sewer lines; 8,810 linear feet of 8" gravity sanitary sewer lines; 15,784 linear feet of 6" force main; 1,833 linear feet of 4" low pressure sewer lines; 17,423 linear feet of 3" low pressure sewer lines; 34,204 linear feet of 2.5" low pressure sewer lines; 12254 linear feet of 2" low pressure sewer lines and 24 sewer pump stations serving approximately 2,724 customers. The low pressure sewer system utilizes individually owned grinder pumps and small diameter pressure lines to collect and convey sewage to the gravity sewer system. Flows from the low pressure and gravity sewer systems are collected at the 24 strategically placed sewer pump stations and pumped via the force mains to the outfall gravity sewer system to be deposited at the Middle Forney Creek Wastewater Treatment Facility (Permit #NC0074012) at 7533 South Little Egypt Road. II. Performance: The East Lincoln Sewer District Wastewater Collections System had the following sanitary sewer overflows 1. Date: February 18, 2005 Time: 1:30 p.m. Location: Lot #23 Silver Jade Drive Sailview Subdivision Denver, North Carolina Incident: A building contractor drove over and crushed an 1-1/2" low pressure service line which overflowed into a storm drain that emptied into Lake Norman. Spill Amount: 500 gallons Impact: None detected. Corrective Action: Service line was repaired. Excess spillage was vacuumed. Service line was repaired. Site was disinfected with five gallons of chlorine and twenty-five pounds of lime. 2. Date: February 22, 2005 Time: 2:35 p.m. Location: 2854 Lakeshore Road South Westport Subdivision Denver, North Carolina Incident: Utility Workers struck an 1-1/2" low pressure service line which overflowed into a `0 coG� T 20 COUNTY OF LINCOLN, NORTH CAROLINA �T9 CAROy 1 15 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 (Page 2) III. Performance (cont.): storm drain that emptied into Lake Norman. Spill Amount: 100 gallons Impact: None detected. Corrective Action: Service line was repaired. Excess spillage was vacuumed. Service line was repaired. Site was disinfected with five gallons of chlorine and twenty-five pounds of lime. 3. Date: September 07, 2005 Time: 7:45 a.m. Location: Pump Station #4 7755 Blade "frail Denver, North Carolina Incident: Primary and secondary pump failure due to electrical short in a junction box causing an overflow into a storm drain that emptied into Lake 'Norman. Spill Amount: 500 gallons. Impact: None detected. Corrective Action: Electrical short was repaired. Excess spillage was vacuumed. Site was disinfected with ten gallons of chlorine and forty pounds of lime. Repairs were made with no further incidents at this location. 4. Date: October 07, 2005 Time: t2:00 a.m. Location: Pump Station # 12 2460 Highway 16 North Denver, North Carolina Incident: Inflow and infiltration of system due to Tropical Storm "Tammy' which deposited over 8 inches of rain in a two day period. Primary and secondary pumps were operational but could not handle the extreme flow causing an overflow into a tributary of Burton Creek. Spill Amount: 4,050 gallons_ Impact: None detected. Corrective Action: Pump station was monitored until stone ended and conditions returned to normal. 5. Date: October 07, 2005 Time: 12:00 a.m_ Location: Pump Station # 11 3339 Highway 16 North Denver, North Carolina Incident: Inflow and infiltration of system due to Tropical Storm "Tammy' which deposited over 8 inches of rain in a two day period. Primary and secondary pumps were operational but could not handle the extreme flow causing an overflow into a tributary of Forney Creek. Spill Amount: 4,050 gallons. Impact: None detected. Corrective Action: Pump station was monitored until storm ended and conditions returned to normal. Gp�l'S Co T COUNTY OF LINCOLN, NORTH CAROLINA �Te oAR��I 1 1 5 WEST MAIN STREET, 2Nc FLOOR CITIZENS CENTER, LINCONTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX(704)736-8499 East Lincoln Sewer District Wastewater Collections System Annual Performance Report January 01, 2005 thru December 31, 2005 (Page 3) IV. Notification: This report is available to all the residents of the East Lincoln Sewer District and can be obtained at the following locations: 1. Lincoln County Public Works 1 t5 West Main Street Lincolnton, N.C. 28092 (704)736-8497 2. Lincoln County Water Treatment Plant 7674 Tree Farm Road Denver, N.C. 28037 (704)483-7082 3. Middle Forney Creek Wastewater Treatment Facility 7533 South Little Egypt Road Stanley, N.C. 28164 (704) 822-%67 4. Florence Soule Shanklin Branch Library 7937 Fairfield Forest Rpad Denver, N.C. 28037 (704) 483-3589 V. 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 East Lincoln Sewer District and that those users have been notified of its availability. Date: lee Olan C. Henderson Utility Maintenance Supervisor Lincoln County Public Works WA O�oF Michael F. Easley, Governor �William c G. Ross Jr., Secretary r_ North Carolina Department of Environment and Natural Resources Q 'C Alan W. Klimek, P. E. Director Division of Water Quality 1 . Date: October 12, 2005 AND NATUPAL REAMRCES "°�- L OFFICE Bradley Jewell 115 West Main St OCT 1 4 200'1 Lincolnton, NC 28092 Subject: Notice of Incomplete Discharge Monitoring Report Dear Permittee: The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staff s ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR, you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division of Water Quality Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 225. Thank you for your assistance in this matter. Sincerely, r Alan W. Klimek, P.E. cc: Mooresville Regional Office Central Files No hCarolina )Vaturall N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Internet: httpJ/h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer Notice of Incomplete Discharge Monitoring Report r c' Permit Number. �C DV r7q-0 12 p Facility:' �P �c� axt-Ec=1 (� 4tt- w W I County: l—� n C o i n DMR Month and Year it- �—)Va 5 The Division of Water Quality deems the aforementioned DMR as incomplete due to the following reason(s): (Please see the highlighted areas on the attached DMR for details.) ❑ The written values are illegible. ❑ The Average, Maximum, and/or the Minimum data points have been omitted. ❑ The Units of Measure have been omitted or are incorrect. ❑ The DMR Parameter Codes have been omitted. E1 Other: t -P( �r rn -�.r'' t'1, i,� hn �,�� ►� ,� ����-�t,� -F R. I 0A % f-09-M i5 T Or- VV U t - �'� 5 i OFWATF9 I 7 �r Mr. Stephen A. Gilbert, P.E., PLS Director of Public Utilities County of Lincoln 115 West Main St. Lincolnton, North Carolina 28092 Dear Mr. Gilbert: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment'and Natural Resources Alan-W., lilimek, P.E., Director Division of Water Quality June 20, 2005 Subject: Permit Modification for Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County The Division of Water Quality NPDES Unit received the permit modification request for the subject facility on March 10, 2005. It was recently discovered that the required modification fee was not included in the package. Lincoln County needs to submit a check or money order in the amount of $215.00 for processing. The check should be made payable to the North Carolina Department of Environment and Natural Resources (NCDENR) and submitted to our office as soon as possible. In addition, the permit modification package should have also included an Engineering Alternatives Analysis (EAA) as noted in our February 22, 2005 letter on the speculative limits for the WWTP. We have been in contact with your consulting engineers and they have been advised that the permit modification process cannot move forward until all applicable information is received. Thank you for your attention to this matter. If there are any additional questions concerning this matter, please feel free to contact me at (919) 733-5083 ext. 512. Respectfully, /'t A, 7 � R Jac Kn M. Now�ll L NPDES Western Program cc: M.L. Wolfe, W.K. Dickson & Co. 616 Colonnade Drive Charlotte, N.C. 28205 Bob Fomeberger, W.K. Dickson & Co. 616 Colonnade Drive Charlotte, N.C. 28205 Vooresville Regional Office/Rex Gleason Bobby Blowe, Construction Grants and Loans Central Files NPDES Permit File N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 F - �X-#Fcfe 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 February 22, 2005 Mr. Stephen Gilbert Director of Public Utilities County of Lincoln 115 West Main Street Lincolnton, NC 28092 Subject: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, North Carolina Dear Mr. Gilbert: Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 18, 2005 by Ms. Donna Hood of this Office. Please inform the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report. 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, �'I D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Lincoln County Health Department DH N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6749 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 CI 2 U 31 NCCC74C12 111 121 C5/02/1B ' 17 18U 19(g( 20' I -- �`----�, `+ Remarks 21111111111111Jill 111111111111111111111111111111J61 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA----------- Reserved--------------- 67 1 2.5 1 69 70 U 71 U 72 U 73 W 74 751 I I' ( I Li 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) Forney Creek WWTP C9:3C AM C5/C2/19 C1/c6/cl Exit Time/Date Permit Expiration Date Litt_e Egypt Rd Denver NC 29C37 C1:135 PM C5/C2/19 C5/C2/29 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Lawson_ David Starnes/0P,C/7C4-922-9667/ Oweita T Futre__/OF.C/7C4-922-9667/ Name, Address of Responsible Official/Title/Phone and Fax Number Stephen_ A Ci_oert, 115 W Main St Lir_co_r-tor- NC Contacted 29C92//7C4-736-9496/7C47369499 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) Names) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date MP.O i4Q/ / / ;zo Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman- 7C4-663-1699 Ext.264/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. ❑ 0 0 0 0 00 2 ❑ 0 0❑❑■ O■ O O O O 0 0 0 O O D O❑❑ 4z D❑ 4z 00000000 2 D O O D 2 ❑ O D 2 O O D■ 0 0 c 2 ❑ O 2■ D 0 0 0 O D D O ❑ D O O D D O O ■ O ■ ■ ■ ■ MEMEMONO O ■ ■ ■ ■ ■ u O ■ ■ ■ ■ ■ y N C o E O m E N n O N @ Cl. n 7 E m > C 3 N a)n 7 '- na m 7 9 Y 3 v° C C Y mc n U 7 Cl.�. c N m FL-• a Y c E O CD o cmi n Eo m v mnm a n N U O D� > C N @ > N m N @ m m O 7a n n N L o N c a > t m @ O �,g m o-c — t6 m U o m � E C c ` N aa) > m @ c O _ N m@ t N N d l0 N m C N m n 0)o N H CD N E m MO m 0 a N @ C m 3 a, = (` Cl3 - m > is G1 @ _V L O U N N >. 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Zs8Vy(] uo pal odai elep gl!m lualsisuoo sllnsej leoijAjoue ejV O O O ■ Zgel loeiluoo a 6uisn !l!I!oel aql sl O O 0 0 4gel peg!ljao a Aq pewioped (sieloweied play 6uipnloxe)sjal9wejed aaglo Ile ajy O O O 0 �,/jolejogel jo jauuosaed pag!ueo Aq pawioped sialaweied play ajd Z :luewwo(] 4asn ui segnl to jegwnN ,�Ieuollejado sioleuuolgo-ap lelgel aib D m O 0 �,adAj pue azis jadoid agi sleigel eql eiV :luewwoo . 0 �,Ieuoilejado uo!lel!ivan sI 00 ON Zsjeuieluoo auuolgo wojl Aeme pajols eouelsgns uoileuuolgo-op sl 00 O �sjapugAo jol aleudadde 96eiols sl 13 ■ L(l of l) lunowe euuolgo of jeuogiodoid oiler peal eg1 sl S id t Z welsbs to adfj_ :luewwoo ■ o 0 1:1 Zdnpl!nq a6pnis io 'glma6lo eejj jagwego loeluoo egl sl 0 O 0 ■ aw!l uopualop alenbape ajagl sl !". Record rd Keeping. Yes No NA NF Schedules and dates of equipment maintenance and repairs ❑ Are DMRs complete: do they include all permit parameters? M ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? 0 ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ 0 ❑ Is the ORC visitation log available and current? 0 ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? 0 ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? M ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? M000 Is the facility description verified as contained in the NPDES permit? E ❑ ❑ ❑ Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids. DO, Sludge ❑ n f1 Judge, pH, and others that are applicable? Facility has copy of previous year's Annual Report on file for review? 0000 Comment: Forney Creek analyses MLSS, DO, sludge judge, and pH for process control. Temperature for DMR reporting is typically taken off SCADA. Please insure this temperature probe is standardized against an NIST thermometer yearly. Should the pH probe on SCADA be used for reporting please calibrate it everyday prior to taking the pH reading. Influent Sam lliiao Yes No NA NF Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected above side streams? N ❑ ❑ ❑ Is proper volume collected? ❑ ❑ 0 ❑ Is the tubing clean? ❑ 0 ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ 0 ❑ ❑ Is sampling performed according to the permit? M ❑ ❑ ❑ Comment: Tubing should be changed in the composite sampler. It was also noted that the temperature in the refrigerated sample storage area was 4.8 degrees Celsius, however no samples were being collected. Please be sure the sample collection area stays between 1.0 and 4.4 degrees Celsius during sample collection. Aerohlc DlgeStpr Yes No NA NF Is the capacity adequate? 0 ❑ ❑ ❑ Is the mixing adequate? Is the site free of excessive foaming in the tank? Is the odor acceptable? Comment: Sludge is pumped from the aerobic digesters to a sludge holding tank where it is removed by Southern Soil who land applies the sludge. The DAF unit has been in operation since 8/2004 and appears to be operating properly with clear supernate and thick sludge. Is right of way to the outfall properly maintained? Are receiving water free of solids and floatable wastewater materials? Are the receiving waters free of solids / debris? Are the receiving waters free of foam other than a trace? Are the receiving waters free of sludge worms? If effluent (diffuser pipes are required) are they operating properly? Comment: 0000 ■ ❑ O ❑ ■ ❑ ❑ ❑ Yes No NA NF ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ O ❑ ❑ ❑ O ❑ ■ O Michael F. Easley OF W ATF9 � Governor o ► A vNCDENR William G. Ross, Jr., Secretary 50 CJ North Carolina Department of Environment and Natural Resources t .I\ l D _,�■ � '< Alan W. Klimek, P.E., Director Division of Water Quality May 13, 2004 Stephen A. Gilbert Lincoln County ' 115 West Main Street Lincolnton, NC 28092 Subject: Renewal Notice NPDES Permit NCO074012 Forney Creek WWTP 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. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files TIooresville Regional Office, Water Quality Section NPDES File .Mw. OF ONUM NWURA MSpURCES �ppRES�' ANAL OFFICE 11 NAY 2 0 2004 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 9 A Q� , ; 1TY SECTION VISIT us ON THE INTERNE @http://h2o.enr.state.nc.us/NPDES e-mail: charles.weaver@ncmail.net t" NPDES Permit NCO074012 Forney Creek WWTP 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.1 Lb 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 12rocess wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Charles H. Weaver NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 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 Coleen H. Sullins, Deputy Director Division of Water Quality March 17, 2004 558 Ms. Oweita T. Futrell Forney Creek WWTP - Lincoln County 7533 S. Little Egypt Rd. Stanley, NC 28164- SUBJECT: Laboratory Certification Maintenance Inspection Dear Ms. Futrell: Enclosed is a report for the inspection performed on March 3, 2004 by Mr. Chet Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733-3,908. Sincerely, James W. Meyer Laboratory Section Enclosure cc: Chet Whiting Mooresville Regional Office A* N76ENR N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 (919) 733-7015 FAX: (919) 733-6241 FORATORY NAME: ADDRESS: CERTIFICATE NO: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: On -Site Inspection Report Lincoln Forney Creek WWTP 7533 S. Little Egypt Road Stanley, NC 28164 558 March 3, 2004 Maintenance Chet Whiting LOCAL PERSON(S) CONTACTED: Ms. Owita Futrell I. INTRODUCTION: This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II. GENERAL COMMENTS: The laboratory has improved both analytical and documentation procedures. The effort was noted and is commended. No deficiencies were noted for laboratory operations. There were two areas of concern indirectly related to the laboratory: 1) A significant number of errors in transferring laboratory data to DMR documents were observed. 2) While the primary analyst is very proficient there is concern about secondary analysts performing more complex analyses when the primary analyst is absent. Instances of DMR transfer errors are included in the data review section. This issue will also be addressed in the inspection report by Mr. Wes Bell of the Division of Water Quality. A system of peer review is always preferred however in this case it should be a priority item. Regarding the second item it is recommended that more complex analyses such as BOD should be contracted to another certified laboratory in the absence of the primary analyst. Back-up personnel should only perform tests that can be maintained at the same level of quality as that produced during normal laboratory operations. Laboratory personnel were professional and cooperative throughout the inspection process. Again the laboratory is to be commended for its efforts over the past year. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS,: FECAL COLIFORM (MF): A. COMMENT: The laboratory is reporting < 4 CFUs for no growth plates where a maximum volume of 50 mis was filtered. The correct value is <2 CFU. B. COMMENT: If a sample exceeds Quality Control criteria stated in the laboratory SOP the result must be flagged on the bench sheet and qualified on the DMR. Page 2 A. RECOMMENDATION: We strongly recommend that the laboratory analyze a culture positive at lest weekly and preferably each day the analysis is performed. We further recommend that the CP be used to evaluate new lots of consumable materials. AMMONIA NITROGEN: C. COMMENT: The analysis date for a series is inferred from the date next to the blank. Please amend the bench sheet with a specific area for the analysis date. IV. PAPER TRAIL INVESTIGATION: At least six sets of data for each parameter was reviewed. The data was taken from May and August 2003, as well as January 2004. DMRs concurrent with the analytical data was spot checked as well as specific DMRs requested by the Division of Water Quality Plant Inspector. August 2003: Temperature is a daily monitoring requirement. Only three per week were recoded on the DMR. Lab records contain results for daily analysis. December 2003: Temperature is a daily monitoring requirement. Only three per week were recoded on the DMR. Lab records contain results for daily analysis. March 2003: No influent TSS values recorded on DMR. Data in lab records. June 2003: Transcription error influent result recorded for effluent parameters. November 2003: Ammonia results recorded in TSS column. April 2003: Up & down stream fecal coliform results not recorded of the DMR for the last week. These items will be dealt with in depth in a report from Mr. Wes Bell. They are documented here since the errors involve a transfer of laboratory data. This was by far the area of greatest concern. RECOMMENDATION: The Division of water Quality has asked that amended DMRs be submitted for the above note errors. We strongly recommend completed DMRs go through a review process to assure that all data has been correctly transferred fro m laboratory documents. V. CONCLUSIONS: Correcting the above cited comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all lettered comments and recommendations. Report prepared by: Chet Whiting Date: March 8, 2004 Mr. Stephen A. Gilbert, PE, PLS Director of Public Utilities County of Lincoln 115 West Main Street Lincolnton, North Carolina 28092 Dear Mr. Gilbert: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resourcs AND N, 'iJF�I "RiCEISIR4 YOORESVP! " 1rAAL omm March 18, 2004 MAR 3 0 2004 ; WATER QUALITY SECTION Subject: Speculative Effluent Limits Proposed WWTP Killian Creek Lincoln County This letter is in response to your March 21, 2003 request for speculative effluent limits for a proposed wastewater treatment plant in Lincoln County. The request includes two locations at two flows each. This letter addresses flows of 4 MGD and 7 MGD at the following locations: Killian Creek near the intersection of Killian Creek and its tributary Forney Creek (SITE 1), and Killian Creek near the Lincoln and Gaston County Line (SITE 2). Engineering Alternatives Analysis ). Please note that the Division cannot guarantee that an NPDES permit will be issued with these speculative limits. Final decisions can only be made after the Division receives and evaluates a formal permit application for the proposed discharge. In accordance with the North Carolina General Statutes, the practicable wastewater treatment and disposal alternative with the least adverse impact on the environment is required to be implemented. Therefore, as a component of all NPDES permit applications for new or expanding flow, a detailed engineering alternatives analysis (EAA) must be prepared. The EAA must justify requested flows, and provide an analysis of potential wastewater treatment alternatives. Alternatives to a surface water discharge, such as spray/drip irrigation, wastewater reuse, or inflow/infiltration reduction, are considered to be environmentally preferable. A copy of the EAA requirements is attached to this letter. Permit applications for new or expanding flow will be returned as incomplete if all EAA requirements are not adequately addressed. If you have any questions regarding these requirements, please contact the DWQ NPDES Unit at 919-733-5083. State Environmental Policy Act (SEPA) EA/EIS Requirements. A SEPA EA/EIS document must be prepared for all projects that 1) need a permit; 2) use public money or affect public lands; and 3) might have a potential to significantly impact the environment. For new wastewater discharges, significant impact is defined as a proposed discharge of >500,000 gpd and producing an instream waste concentration of > 33% based on summer 7Q10 flow conditions. Since the proposed facility is a new discharge meeting these criteria, you must prepare a SEPA document that evaluates the potential for impacting the quality of the environment. The NPDES Unit will not accept an NPDES permit application for the proposed expansion until the Division has approved the SEPA document and sent a Finding of No Significant Impact (FONSI) to the State Clearinghouse for review and comment. A SEPA Environmental Assessment (EA) should contain a clear justification for the proposed project. If the SEPA EA demonstrates that the project may result in a significant adverse effect on the quality of the environment, you must then prepare a SEPA EIS (Environmental Impact Statement). Since your proposed facility is subject to SEPA, the EAA requirements discussed above will need to be folded into the SEPA document. The SEPA process will be delayed if all EAA requirements are not adequately addressed. If you have any questions regarding SEPA EA/EIS requirements, please contact Alex Marks with the DWQ Planning Branch at (919) 733-5083, ext. 555. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-5083 Speculative Limits Letter Lincoln County Page 2 of 3 'IN Receiving Stream. Both of the proposed discharge sites are to Killian Creek in Lincoln County. This stream is classified as C waters. It is not listed as impaired on the 2003 303(d) list and has no known water quality concerns. There are currently two facilities upstream whose discharges were considered in this analysis. They are Middle Forney Creek W`VTP, and the Lincoln Combustion Turbine Station. Speculative Limits. The speculative limits were developed based on a Level B Model. Limits for the proposed discharges of 4 MGD/7 MGD at SITE 1 are presented in Table 1 and Table 2. Limits for the proposed discharges of 4 MGD/7 MGD at SITE 2 are presented in Table 3 and Table 4. A complete evaluation of these limits and monitoring frequencies in addition to monitoring requirements for metals and other toxicants will be addressed upon receipt of a formal NPDES permit modification request. TABLE 1. Speculative Limits for Proposed WWTP, SITE 1, 4 MGD Effluent Characteristic Effluent Limitations Monthly Average Weekly Average Daily Maximum Flow 4.0 MGD BODS, Summer 30.0 m /l 45.0 mg/1 BODS, Winter 30.0 m /l 45.0 m /l TSS 30.0 m /l 45.0 m /l NH3 as N, Summer 1.3 mg/1 3.9 m /l NH3 as N, Winter 3.5 m /l , 10.5 mg/1 TRC 24 µ /1 Fecal coliform(geometric mean 200/100 ml 400/100 ml Chronic toxicity test @ 72% TABLE 2. Speculative Limits for Pro osed %VW IP, SITE 1, 7 MGD Effluent Characteristic Effluent Limitations Monthly Avera c `X'eekl era e Daily Maximum Flow 7.0 MGD BODS, Summer 30.0 m /l 45.0 mg/1 BODS, Winter 30.0 m /l 45.0 mg/1 TSS 30.0 mg/1 45.0 m /1 NH3 as N, Summer 1.1 mg/1 3.3 mg/1 NH3 as N, Winter 2.7 mg/1 8.1 mg/1 TRC 21 µ /l Fecal coliform(geometric mean 200/100 ml 400/100 ml Chronic toxicity test @ 82% TABLE 3. Speculative Limits for Proposed WWTP, SITE 2, 4 MGD Effluent Characteristic Effluent Limitations Monthly Average Weekly Average Daily Maximum Flow 4.0 MGD BODS, Summer 30.0 m /l 45.0 m /l BODS, Winter 30.0 mg/1 45.0 mg/1 TSS 30.0 mg/1 45.0 mg /1 NH3 as N, Summer 1.5 m /l 4.5 mg/1 NH3 as N, Winter 3.7 mg/1 11.1 mg/1 TRC 26 µ /l Fecal coliform(geometric mean 200/100 ml 400/100 ml Chronic toxicity test @ 66% eculative Limits Letter Lincoln County Page 3 of 3 TABLE 4. Speculative Limits for Proposed \VW/ 'P, SITE 2, 7 MGD Effluent Characteristic Effluent Limitations Monthly Average Weekly Average Daily Maximum Flow 7.0 MGD BOD5, Summer 30.0 m /l 45.0 m /l BOD5, Winter 30.0 mg/1 45.0 m /1 TSS 30.0 m /l 45.0 m /1 NH3 as N, Summer 1.2 m /l 3.6 m /l NH3 as N, Winter 2.9 m /l 8.7 m /l TRC 22 µ /l Fecal coliform(geometric mean 200/100 ml 400/100 ml Chronic toxicity test @ 77% Should you have any questions about these speculative limits or NPDES permitting requirements, please feel free to contact Dawn Jeffries at (919) 733-5083, extension 595. Sincerel , �vid A. Goodrich Supervisor, NPDES Unit Attachment: EAA Guidance Document cc: (without Attachment) US Fish and Wildlife Service, Ecological Services, PO Box 33726, Raleigh, NC 27636-3726 Attn: Sara Myers NC WRC Inland Fisheries, 1721 Mail Service Center, Raleigh, NC, 27699-1721 Attn: Fred Harris Olver Incorporated, 4957 Albemarle Road, Charlotte, NC 28205 Attn: Albert Glenn Central Files Michael F. GO error William G. Ross Jr.. Secreta, OC ✓J DffAlan > r North Carolina Department of Environment and Natural Resources W. Klimek. P. E. Director Division of Water Quality Coleen H. Sullinms, Depute Director Division of Water Quahn March 5, 2004 Mr. Stephen A. Gilbert, Public Works Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 Subject: Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, N.C. Dear Mr. Gilbert: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 3, 2004, 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 to him. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. YWater Quality Regional Supervisor Enclosure cc: Lincoln County Health Department :Nlorth Carolina .%VIIhI,r,a(/# N. C. Division of Water Quality NCDENR Mooresville Resdonal Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Compleance 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 2 Us3I NCO074012 111 121 04/03/03 117 18u 19U 20U u Remarks 21111111.11 1111 1111111111111111 1111 1111 Jill 1111 11166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 GA ------Reserved----- --- 67( 1. 5 169 70 I-1 71 L_! 72 U 73 W 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) 11:10 AM 04/03/03 01/06/01 Forney Creek WWTP Exit Time/Date Permit Expiration Date Little Egypt Road Denver NC 28037 02:40 PM 04/03/03 05/02/28 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Numbers) Other Facility Data Lawson Dav'_d Starnes/0RC/704-822-9667/ Name, Address of Responsible Official/Title/Phone and Fax Number Stephen A. Gilbert,115 West Main Street Lincolnton NC Contacted No 28092//7C4-736-6498/ Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement Operations & Maintenance Records/Reports Self -Monitoring Program 0 Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessa (See attachment summary) 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 l5 /o y Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Permit: NC0074012 Owner - Facility: Lincoln County - Forney Creek WWTP Inspection Date: 03/03/04 Inspection Type: Compliance Evaluation Yes No NA NE PPS (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ 0 ❑ Is the facility as described in the permit? 0 ❑ ❑ ❑ Are there any special conditions for the permit? ❑ 0 ❑ ❑ Is access to the plant site restricted to the general public? M ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? M ❑ ❑ ❑ Comment: rations & Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells? Yes No ❑ NA N', ❑ ❑ Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ Comment:The facility apppeared to be property operated and well maintained. Yes No NA NI n Station - Influent Is the pump wet well free of bypass lines or structures? ❑ ❑ ❑ Is the general housekeeping acceptable? ❑ ❑ ❑ Is the wet well free of excessive grease? ❑ ❑ ❑ 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? ❑ ❑ ❑ Comment:The influent level in the pump station is monitored via ultrasonic measuring device Type of bar screen a.Manual ❑ b.Mechanical Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? ❑ ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment: Grit Removal Type of grit removal Yes No NA NE a.Manual ❑ b.Mechanical Is the site free of excessive organic content in the grit chamber? 0 ❑ ❑ ❑ Is the site free of excessive odor? M ❑ ❑ ❑ Is disposal of grit in compliance? no ❑ ❑ Comment: Secondary Clanfier Is the clarifier free of black and odorous wastewater? Yes No ❑ NA ❑ NE ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? N ❑ ❑ ❑ Page# 1 t Permit: NCO074012 Owner - Facility: Lincoln County - Forney Creek WV TP Inspection Date: 03/03/04 Inspection Type: Compliance Evaluation Secondary Clarifier Are weirs level? Yes No 0❑ NA Cl N ❑ Is the site free of weir blockage? 0 ❑ ❑ ❑ Is the site free of evidence of short-circuiting? 0 ❑ ❑ ❑ Is scum removal adequate? M ❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? M ❑ ❑ ❑ Is the sludge blanket level acceptable? 0 ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? 0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? 0 ❑ ❑ ❑ Is the surface free of bulking ? 0 ❑ ❑ ❑ Comment:Afthough an appropriate solids separation was observed in the clarifiers, the sludge blanket appeared elevated (greater than 7 feet). Yes Oxidation Ditches Are the aerators operational? No ❑ NA ❑ NE ❑ Are the aerators free of excessive solids build up? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Are settleometer results acceptable (> 30 minutes)? ❑ ❑ ❑ Comment: Disinfection Type of system ? Yes No R c NA NE Are cylinders secured adequately? ❑ ❑ ❑ Are cylinders protected from direct sunlight? ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ❑ ❑ ❑ Is ventilation equipment operational? ❑ ❑ ❑ Is ventilation equipment properly located? ❑ ❑ ❑ Is SCBA equipment available on site? ❑ M ❑ ❑ Is SCBA equipment operational? O ❑ ❑ Is staff trained is operating SCBA equipment? ❑ ❑ ❑ Is staff trained in emergency procedures? ❑ ❑ ❑ Is an evacuation plan in place? 0 ❑ ❑ ❑ Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? (Sodium Hypochlorite) Is pump feed system operational? ❑ ❑ 0 ❑ Is bulk storage tank containment area adequate? (free of leaks/open drains) O ❑ so Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is there adequate detention time ❑ 110 Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Comment:The facility only has masks with specmc cartridges. Page# 2 Permit: NCO074012 Owner - Facility: Lincoln County - Forney Creek WWTP Inspection Date: 03/03/04 Inspection Type: Compliance Evaluation De -chlorination Type of system ? Yes No NA NE 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? ❑ ❑ ❑ Is ventilation operational? ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ❑ ❑ M ❑ Are tablet de -chlorinators operational? ❑ ❑ 0 ❑ Number of tubes in use? Comment: Standby Power Is automatically activated standby power available? Yes No ❑ NA ❑ NE ❑ Is generator tested weekly by interrupting primary power source? ❑ ❑ ❑ Is generator tested under load at least quarterly? ❑ ❑ ❑ Was generator tested & operational during the inspection? ❑ ❑ ❑ Do the generator(s) have adequate capacity to operate the entire wastewater site? ❑ ❑ ❑ Does generator have adequate fuel? ❑ ❑ ❑ Is there an emergency agreement with a fuel vendor for extended run on back-up power? ❑ ❑ ❑ Comment: Laboratory Are field parameters performed by certified personnel or laboratory? Yes No ❑ NA ❑ NE ❑ Are all other parameters(excluding field parameters) performed by a certified lab? ❑ ❑ ❑ Is the facility using a contract lab? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ Cl ❑ Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ ❑ Comment: Flow Measurement - Influent Is flow meter used for reporting? Yes No ❑ NA ❑ NE ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is flow meter operating properly? No ❑ ❑ (If units are separated) Does the chart recorder match the flow meter? ❑ ❑ ❑ Comment: Flow Measurement - Effluent Is flow meter used for reporting? Yes No NA 00 ❑ NE ❑ Is flow meter calibrated annually? ❑ ❑ ❑ Is flow meter operating property? ❑ ❑ Cl (if units are separated) Does the chart recorder match the flow mete(? Cl Cl ❑ Comment: Record Keenina Yes No NA NE Page# 3 Permit: NCO074012 Owner - Facility: Lincoln County - Forney Creek WWTP Inspection Date: 03/03/04 Inspection Type: Compliance Evaluation Record Keep no Are records kept and maintained as required by the permit? Yes No ❑ NA ❑ NE ❑ Is all required information readily available, complete and current? ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ Are sampling and analysis data adequate and include: ❑ ❑ ❑ Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Plant records are adequate, available and include ❑ ❑ ❑ O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs Are DMRs complete: do they include all permit parameters? ❑ ❑ ❑ Has the facility submitted its annual compliance report to users? ❑ ❑ ❑ 0 (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ M ❑ Is the ORC visitation log available and current? ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Is the facility description verified as contained in the NPDES permit? ❑ ❑ ❑ Does the facility analyze process control parameters, for example: MLSS, MCRT, Settleable Solids, DO. Sludge ❑ ❑ ❑ Judge, pH, and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ 0 Comment:DMRs from January 2003 through December 2003 were reviewed. No limit violations were reported. Numerous transcription errors were noted during the DMR review. The facility will resubmit the appropriately amended DMRs. The ORC and permittee must insure all DMRs are accurate and complete prior to submittal. Yes No NA NE Influent Samnlino Is composite sampling flow proportional? ❑ ❑ ❑ Is sample collected above side streams? ❑ ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ❑ Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ Is sampling performed according to the permit? ❑ ❑ ❑ Comment: Effluent Sam Ip inoo Yes Is composite sampling flow proportional? No so NA ❑ NE ❑ Is sample collected below all treatment units? so ❑ ❑ Is proper volume collected? ❑ ❑ ❑ Is the tubing clean? ❑ ❑ ❑ Page# 4 Permit: NC0074012 Owner - Facility: Lincoln County - Forney Creek WWTP Inspection Date: 03/03/04 Inspection Type: Compliance Evaluation Effluent Sampling Yes No NA NE Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? ❑ ❑ ❑ Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ❑ ❑ ❑ Comment: Upstream / Downstream Samnlina Yes No NA NE Is the facilitysampling performed as required by the permit (frequency, sampling type, and sampling location)? 0 ❑ ❑ ❑ Comment: Aerobic Dig .ester Is the capacity adequate? Is the mixing adequate? Is the site free of excessive foaming in the tank? Yes No NA NE ❑ ❑ ❑ Is the odor acceptable? 0 ❑ ❑ ❑ Comment:The DAF unit has been taken off-line for several years. The facility is in the process of providing an appropriate platform for the visual inspections of the sludge holding tank (greater than 12 feet high). The City must provide an approved platform (as soon as possible) to insure the operators' safety during visual inspections of the sludge holding tank. Effluent Pipe Is right of way to the outfall property maintained? Are receiving water free of solids and floatable wastewater materials? Are the receiving waters free of solids / debris? Are the receiving waters free of foam other than a trace? Are the receiving waters free of sludge worms? If effluent (diffuser pipes are required) are they operating property? Comment:The effluent appeared clear with no floatable solids or foam at the time of the inspection. Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑❑■❑ Page# 5 Michael F. Easley Governor William G. Ross, Jr.,Secretary Norte Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality March 18, 2003 Mr. Stephen Gilbert Public Utilities Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 Subject: Technical Assistance Visit Middle Forney Creek WWTP NPDES Permit No. NCO0740I ) Lincoln County, North Carolina Dear Mr. Gilbert: A technical assistance visit was conducted by Sonja Williams of the Mooresville Regional Office (MRO) at Middle Forney Creek Wastewater Treatment Plant (WWTP) on March 11, 2003, at Mr. Pete Starnes, WWTP ORC, request. The primary focus of the visit was to review operations, maintenance and process control activities with the WWTP staff. The following suggestions are based on the observations obtained at the time of the visit: WWTP Characteristics: Review of DMRs for the monitoring period of January 2002 through January 2003 showed one Ammonia Nitrogen monthly average violation in August 2002 and one Total Residual Chlorine daily max violation in February 2002. Operation and Maintenance records were well organized and maintained. Sufficient process control is being performed to show daily trends and upsets. The process units and grounds were well maintained on the day of the visit. The operators appeared very knowledgeable and conscientious of their duties. WWTP Recommendations: 1) In reviewing flow charts, it was noted that there are some Inflow and Infiltration occurrences affecting the WWTP during rain events. It was also noted that the collection system is approximately eight years old. It is suggested to investigate lift stations and manholes for possible I&I problems. 2) Review of process control data of the oxidation ditch revealed that the dissolved oxygen in the three rings of the oxidation ditch averaged < 1.0 mg/L during the winter months. The facility's Ammonia -Nitrogen violation in August 2002 was attributed by existing low dissolved oxygen in the oxidation ditch along with the season's elevated temperatures and lack of rainfall. It is suggested to change the pulleys on the oxidation ring disc motor drives, increasing the rotation speed on the disc. Also suggested is to add influent and effluent alkalinity testing to the facility's process control. By maintaining an effluent alkalinity of approximately 100 mg/L by adding sodium bicarbonate to the influent when needed, this will buffer the system and aid in the nitrification process. cusNCDENRvice 1 800 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 The observations above are those most apparent from the visit. I hope these suggestions will help you in operating the wastewater treatment plant. Please advise of questions at (704) 663-1699. Sincerely, Sonja Williams WWTP Consultant Mooresville Regional Office cc: Central Files Roger Edwards, Technical Assistance & Certification Unit (ARO) Page 2 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 Coleen H. Sullins, Deputy Director Division of Water Quality NC DEPT. OF ENVIRONMt4T July 9, 2003 AND NATURAL RESOURCES r00RESVILLF g"c":ONAL OFFICE 558 P � R �' Mr. Roger H. Mobley Forney Creek WWTP - Lincoln County JUL 1 0 2003 7533 S. Little Egypt Rd. Stanley, NC 28164- SUBJECT: Laboratory Certification Maintenance Inspection WATER LiTYSECT ON Dear Mr. Mobley: Enclosed is a report for the inspection performed on April 15, 2003 by Mr. Chester E. Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are, not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC for 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733-3908. Sincerely, James W. Meyer Laboratory Section Enclosure cc: Chester E. Whiting Mooresville Regional Office N. C. Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh, North Carolina 27699-1623 — ffA (919)733-7015 FAX: (919) 733-6241 LABORATORY NAME: ADDRESS: CERTIFICATE NO: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: On -Site Inspection Report Lincoln Co. Forney Creek WWTP Lab 7533 S. Little Egypt Road Stanley, NC 28164 558 April 15, 2003 Maintenance Chet Whiting LOCAL PERSON(S) CONTACTED: Ms. Owita Williams INTRODUCTION: This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II�eL21L4l__ 1:711 Weis] ky,Iky,121k ll" The laboratory has undergone a recent supervisory change and some requirements were not passed on to the current supervisor. However the SOP revision that is in progress should remedy communication problems and omissions during personnel changes, or during training of back up laboratory personnel. Documentation was significantly improved from previous inspections. It was apparent that a great deal of effort was applied to correcting previous deficiencies. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS: A. COMMENT: The Laboratory's Wastewater/Groundwater Certification Application needs to be updated to reflect supervisory changes. REQUIREMENT: Please be advised that this office is to be notified within thirty days of such changes. Ref: 15A NCAC 2H .0805 (a) (8) (c) (5) B. COMMENT: Preservation and pretreatment checks for pH and chlorine neutralization are performed at the time of sample analysis. RECOMMENDATION: It is strongly recommended that these be performed at the time of sample receipt. Performing these checks at the time of receipt would allow greater flexibility should the checks indicate a problem. Sample pH could be adjusted prior to storage or another fecal sample might be collected should chlorine be present. Page 2 AMMONIA NITROGEN: 1. DEFICIENCY: The laboratory does not analyze a second source LCS each day samples are analyzed. REQUIREMENT: 15A NCAC 2H .0805 (a) (7) (B) states in part: "analyze one known standard in addition to calibration standards each day samples are analyzed to document accuracy". COMMENT: The laboratory may purchase a known LCS, or prepare a LCS using a standard from a different vendor, or a different lot number from the same vendor. COMMENT: In order to minimize possible confusion the Certification Unit is recommending the use of standard acronyms when identifying calibration and quality control checks. LCS (Laboratory Control Sample) This is a standard from a source other than calibration standards (second source). These may be certified Quality Control Check Standards, or made in the laboratory from a second source (lot of reagent or chemical). This standard is treated in same manner as a sample. If certified QC standards are used the vendor supplied acceptance criteria may be applied. If the standard is made in-house acceptance limits can be established using accepted procedures. CCV (Calibration Curve Verification) This is a standard used to check instrument calibration. This standard is made from the same source materials as the calibration standards. The mid -range check of a verified curve is a CCV. It is treated in the same manner as calibration standards. TOTAL RESIDUAL CHLORINE: COMMENT: It initially appeared that the laboratory had not corrected the lower reporting level concentration deficiency cited in the previous inspection. As it turns out the concentration of the lower standard had been changed in the absorbance column but not in the concentration column. Please make sure standards are correctly labeled. C. COMMENT: The annual curve verification contains only four points, not five as required. Five points were analyzed the high standard did give an absorbance reading, however the concentration reading was over range. Since the concentration mode is used when reading samples an over range reading is unusable. An additional standard is required. RECOMMENDATION: It is recommended that the concentration be between 10 and 500 ug. D. COMMENT: A low standard is analyzed each day instead of a mid -range. This does not technically meet the CVS requirement. It is also much more difficult to analyze a 10ug sample. REQUIREMENT: If the curve is verified between 10 and 500 ug the mid -range standard should be in approximately the 225 to 275 ug range, Page 3 FECAL COLIFORM (MF): 2. DEFICIENCY: Some counting errors were observed on a specific scenario where there were countable membranes with both 20 to 60 colonies, and countable membranes outside the 20 to 60 range. All values were used. REQUIREMENT: In such cases only those membranes within the 20 to 60 colony range are to be used in calculating the final result. The counting sheet was reviewed at the time of the inspection. COMMENT: On the data examined the impact of the above cited deficiency resulted in a slightly elevated result. The impact was negligible. D. COMMENT: Fecal Coliform consumable material testing needs to be conducted on samples that have a reasonable amount of colonies for comparison purposes. Ideally the counts within the 20 to 60 range are desired, but this is not required. If effluent samples do not meet this requirement stream samples or a culture positive should be used. IV. PAPER TRAIL INVESTIGATION: 2003 Supporting information examined, data and DMRs from December 02, January and February BOD: March 26 and 27 2003 time out of the incubator not recorded. No other items observed. V. CONCLUSIONS: Correcting the above cited deficiencies and comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all numbered deficiencies and lettered comments. Report prepared by: Chet Whiting Date: April 23, 2003 TO: NORTH CAROLINA (DENR) MOORESVILLE REGIONAL OFFICE WASTEWATER DIVISION 919 NORTH MAIN STREET MOORESVILLE, NC 28115 FROM: LINCOLN COUNTY ROGER H. MOBLEY, ORC FORNEY CREEK WWTP 7533 S. LITTLE EGYPT ROAD STANLEY, NC 28164 DATE: 02-03-03 NC DEPT. OF ENVIRumor,.''. AND NATURAL RESOURCES HOORESVILLE RE010m44r -wFICE Rl=r q FEB 0 5 2003 WATER QUAUTY SEC11A M.- HYDRAULIC OVERLOAD DUE TO RAIN ON 01-30-03. On the 3e of January 2003, Forney Creek WWTP permit # 0074012 experienced hydraulic overloading during the heavy rain causing the two secondary clarifiers to loose their sludge blankets. Infiltration into the collection system seems to have caused the hydraulic overloading. The influent flow which is normally 0.350 mgd increased to over 0.900 mgd during the rain. Forney Creek WWTP has a designed flow of .750mgd. Several precautionary measures were taken: 1. Oxidation ditch discs, which induces dissolved oxygen and keeps the solids mixed, were turned off so that incoming solids would settle rather than pass through into the secondary clarifiers. 2. The return activated sludge (RAS) was increased to return more sludge back to the oxidation ditches. 3. Chlorine feed to the contact chamber was increased to help kill fecal coliform. The amount of clarifier solids lost is unknown, but the sludge blankets are normally maintained at 2 to 3 feet in each of the 97,000 gallon clarifiers. Stream fecal coliform samples were taken on 01-31-03 and the results were as follows. Upstream: 94/ 100" Downstream: 5 3 3/ 100m1 ROG R H. MOBLEY, C FORNEY CREEK WWTP CC: COUNTY MANAGER DIRECTOR OF PUBLIC UTILITIES UTILITIES SUPERVISOR State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Willam G. Ross Jr., Secretary Alan Klimek, P.E., Director V� Hl � MR. STEPHEN GILBERT 115 WEST MAIN ST LINCOLNTON, NC 28092 Dear Mr. Gilbert: AL-o AM% owava Admo NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES March 4, 2003 SUBJECT: PAYMENT ACKNOWLEDGEMENT CIVIL PENALTY ASSESSMENT FORNEY CREEK WWTP LINCOLN COUNTY PERMIT NO: NCO074012 LV 03-120 This letter is to acknowledge receipt of check No. 04325 in the amount of $1,085.45 received from you dated February 27, 2003. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations or Permits. If you have any questions, please call Bob Sledge at (919) 733-5083. Sincerely, Coleen Sullins, Chief Water Quality Section Cc: Enforcement File #: LV 03 -120 MRO Regional Office Supervisor Central Files 110 OEPT. OF ENWRONMENT AND NATURAL RESOURCES NOMSVILLE RF0I0.NAL OFFICE MAR 1 0 2003 ,,AAA `fl 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 9 "M-9612' '' qFM An Equal Opportunity Affwmative Action Employer 50% recycled/10% post -consumer paper O�o� W A 7F9OG CDuila) r >_ 1] � 6x' Michae . 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 February 12, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert, P.E. Director of Public Utilities Lincoln County 115 West Main Street Lincolnton, NC 28098 Dear Mr. Gilbert: 7001 2510 0005 0287 8552 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. NCO074012 Middle Forney Creek WVi7TP Case No. LV 03-120 Lincoln County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1085.45 ($1000.00 civil penalty + $85.45 enforcement costs) against Lincoln County. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Lincoln County for the month of August 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074012. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lincoln County violated the terms, conditions or requirements of NPDES Permit No. NC0074012 and North Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Lincoln County: ,, DENR Customer Service 1 800 623-7748 Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 FAX (704) 663-6040 $ 85.45 For % of the one (1) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NC0074012, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. 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. 14313- 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-2 82. 1 (b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of. Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-1601 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within IWqy days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. if you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. j Z 2- (Date) ATTACHMENTS D. Rex G � son, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Limit Violations, August 2002 Parameter Ammonia Nitrogen Attachment A Lincoln County Middle Forney Creek WWTP NPDES Permit No. NCO074012 Case Number LV 03-120 Month Average Limit Violations Reported Value Limit 3.49 * 2.0 * denotes assessment of civil penalty. Units mg/L 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 PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Lincoln County ) PERMIT NO. NCO074012 ) FILE NO. LV 03-120 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2003 BY ADDRESS TELEPHONE A. (I.) EFFLUENT LINIITATIONS RIND MONITORING REgUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Sucl-I discharges shall be limited and monitored by the Pe=. tree as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Weekly Daily re Measurement Sample Sample Locations Averse I Averaoe Maximum Frequency Type Flow 0.75 MGD I Continuous Recording Influent or Effluent BOD, 5-day (20°C) 2 14.0 mg/L 21.0 ma/L 3/Week Composite I influent & Effluent (April 1— October 31 BOD, 5-day (202C) 2 28.0 mp/L 42.0 ma/L 3/Week Composite influent &Effluent November 1— March 31 Total Suspended Residue2 30.0 mg/L 45.0 mg/L 3/Week Composite Effluent NH3 as N 2.0 mg/L I I I 3/Week Composite I Effluent (April 1 — October 31) ' `-NH3 as N , 4.0 Mg,"L ! I 3/Week 1 Composite j Effiuent (November 1 — March 31 Dissolved Gxygen= YWeek I Grab Effiuent. ( ! Upstream & Downstream Fecal Coliform s 200 / 100 m! 400 100 m: i 3Ndeek Grab I Effiuent (oeometric mean) i ! ! Upstream & Downstream Iota! Residual Chiorine I I 20 ug/ 3/Week Grab i Effluent i emperature (°; l ; Daii\ Grab ( Effiuent, I j ! i Upstream & Downstream .1LHtl Total Nitrogen j I Ouaneri�� Composite Effiuent (N32+N33-TKN) Total ?nosphorus j l �uarierp 1 Composite i j =ffwen ` pH4 i i Weekiv ; Grab ( Effiuent Footnotes: 1. Upstream = at least 50 feet upstream from the outfall. Downstream = at least 1 mile downstream from the outfall. Instream samples shall be collected three times per week from June I — September 30, then weekly for the remaining months of the year. 2. The monthly average effluent BOD and Total Suspended Residue Concentrations shall not exceed 15% of their respective influent values (65% removal). 3. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L. 4. Tne t)H shall no: be less than 6.0 standard snits no- greater t:,a:. 9.0 standard units. here shall be no discharge of floating solids or visible fOa' , in owner than trace amounts. Effluent NO:)Es NO. NCO074012 DISCHARGE_ NO.. OO1 MONTH AUGUST YEAR 2002 =ACILrrYNAME MIDDLE FORNEY CREEK VW1 TP CLASS I I I COUNTY UNCOLN 210ERATOR IN RESPONSIBLE CHARGE (ORC) ROGER MOBLEY GRADE IV PHONE(7O4) 822-9667 C nTiFfy LAVORATOMES (1) LINCOLN No. 558 (2) PACE No. 12 CHECK BOX. IF ORC HAS CHANGED PERSON(S) COLLECTING SAMPLES: ROGER/PETElSUSIE Mau ORIGINAL ano ONE COPY to / ­7/� Attention: Central Fifes / , 1 7 {� ( / ^ Division of Water Quality ( l"�"L/1 YYY (f� I 1617 Mail Service Center X i �' , i L " r` Raleigh, N. C. 27699-1617 (SIGNATURE -OF OPERATOR IN RESPONSIBLE Cl BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE YM 6 Y _ 2 E W G L) o _ �- om Z m < G c v o } i O � 1 O I HP.S 1 HRS IY/6/1 I -:30 I S 1 - 4= 8.3 I 1 1 SAT ! 4.0 1 B = I St'1 4.41 B -:30 i 8.5 B ! 7:30 8.5 Y I -:45 I 8.3 Y 7:30 I E.5 Y 1 7:30 { F.5 1 1- SAT ! 4.0 I } " SUN 1 4.0 I 1 -,:30 ! 8.5 Y I .30 I 8.5 1 1- 14 1 7:30 1 8.5 1 Y 16 1 7:30 1 8.5 B 17 SAT 4.0 N 16 SUN 4.0 N 19 7:30 8.5 Y 20 7:30 8.5 Y 21 7:30 8.5 17 23 7.50 8.2 Y 24 SAT 4.0 B I 25 SJTN 1 4.0 I B -:30 i 10.5 i B 1 -:00 11.0 I B i 2E i '•30 I 8.5 Y x :30 9.5 1' 1 7:30 8.0 Y 31 I SAT ! 4.0 1 1 AVERAGE I MAXIMUM 1, MINIMUM Comc.(C /Grab(G' 1 Montnik, Limit I __... F 0 m 1 MIT-S (12t93: 50050 00010 O0000 50060 00310 00610 00530 31316 1 003W 00600 1 00665 FLOW H M o Uw V < Z � -0 III M U I O I C Z CD � G Z WO III G w J I O r U% J G O Ivs I a Z w O< W Jw O m �W O ¢ I-r Z! I O F-2O O a Hm O I L ENTER PARAMETER CODE ABOVE NAME AND UNITS tltLUW EFF )jqj INF � G p C I MGD I I UNITS I UGP- M.G/: kw MG.L t'100M: I MGf- MG!_ MG/L I U.263 1 25.6 1 6.901 5 I 2.41 1.941 8.01 16.81 6.49 I I I ! 0.274 25.7 1 1 ! 1 1 1 _ - - S� I C.312 25 5 ! ; !7 -717177=z 1 U _21 26.4 I U.312 25.2 U 254 I 25.6 1 ^..02 1 5 ! SA 7.23 10.8< 4.01 5.61 I I I ! 0.540 1 24.9 1 7.141 4 I S.01 14.401 9.21 15.81 5.51 I 241 1 23.6 1 -.10 2 1 3.31 12.101 8.8 , < 4.01 5.61 I I ! 0.267 1 23.2 1 I ! 1 1 1 I I U _51 I 23.3 I 11.21- I 23.9 I I I I I I I I I I I U.266 I 24.2 1 1 ! I ! 1 I I I 0.249 I 24.6 1 6.9- I S 1 4.8 4.631 S.81 < 4.01 6.92 I I I 0.526 24.7 7.051 6 1 3.61 5.851 3.61 S.31 5.98 0323 25.0 7.01 7 3.3 5.741 8.0 5.31 5.19 0318 25.2 0335 25.4 0.221 26.2 0.264 25.5 0.269 25.4 6.90 6 2.5 0.34 7.2. < 4.01 7.74 0323 25.4 6.93 5 2.31 < 0.10 5.6 6.3 6.20 0 266 25.7 6.75 7 1.5 < 0.10 4.0 < 4.0 5.95 0.260 26.0 0.248 26.2 I 0.236 25.9 1 1 ! I 0.292 1 25.6 1 1 1 < C.101 ( I I 1 ! I I G. 2 5 - 1 24.9 1 7.021 4 1 1.31 0.141 < 4.Oj < 4.01 6.16 ( I 1 I 0.271 1 23.9 1 7.11 1 3 1 1.81 < 0.101 < 4.01 < 4.01 6.24 1( I I F__e._2_6_(,T 23.2 1 7.03 1 5 1 1.7 0.121 4.01 < 4.01 5.54 1 1 I I I 1 0321 1 233 1 1 1 < C.101 1 1 I I I I 1 U.252 23.0 I 1 I I I I I I I C_ i 2L9 c'' 1 3.01' 3.491 6.01 2.3. 6.09 1 1 1I 0 .--,40 1 26.4 1 8.0 1 5.4 14.401 10.81 1a81 7.74 1 1 I I I C.21- I 23.0 6.75 ! 2.0 i 1.3, <U.101 <»AI <4.01 5.19 1 1 1 i 1 c c i c l c I c I c I c I c i c I c I c l ! C.-Sf I 6/C ! 25 ! 1t.:11 =.01: 1311/45 12MV1110 > =.b - Ih U• cS ,�I �• C�'\, F DEPARTMENT O`r PUBLIC WORKS (704) 736-8497 FAX (704)736-8499 COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2ND FLOOR CITIZEN'S CENTER LINCOLNTON, NORTH CAROLINA 28092 September 11, 2001 Central Files Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Sirs: Forney Creek Wastewater Treatment Plant was non -compliant due to high ammonia nitrogen levels during the first and second weeks of August 2002. These conditions were primarily due to low dissolved oxygen in the oxidation rings. Tine unusually high temperatures for the month and dam- weather drove the D.O. demand up. In addition. long sluggish collection system lines became septic and contributed to the higher than normal influent ammonia levels. The D.O. problem was solved by changing the pullers on the oxidation ring dis: motor drivers. This increased the rotation speed on the disc which increased the dissolved oxygen level. Within 36 hours the plant returned to its normal effiuent ammonia monitoring level. If you should have any questions, please contact me at 704-822-9667. Sincerely, Roger H. Mobley, dRC %sf Fast Track Worksheet Case Number LV 03 120 Facility Name Forney Creek WWTP Permit Number INCO074012 Previous Case Statutory Maximun $10,000 in the Last No per violation two years Number of Assessments for previous 6 DMRs Total Assessment Factor = • 1 0 20 03 0 40 0 6 1.00 .00 1 Exit Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Percent of the Maximum Penalty 10.00 Authorized by G.S. 143-215.6A. Comments Prepared by Richard Bridgeman William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 3, 2003 558 Ms. Oweita Futrell Lincoln Co. Forney Creek WWTP Lab 7533 S. Little Egypt Road Stanley, NC 28164 SUBJECT: Wastewater/Groundwater Laboratory Certification Dear Ms. Futrell: We have scheduled an on -site audit of your laboratory for approximately 9:00 a.m., April 10. The scope of the audit will include all methods marked on Attachment I of the laboratory's current North Carolina Wastewater /Groundwater Certificate and /or marked on the application for NC Wastewater/Groundwater Laboratory Certification. The purpose will be to verify the laboratory's documented quality control/quality assurance procedures and adequacy in meeting the requirements of 15A NCAC 2H .0800. Enclosed are inspection checklists for the upcoming inspection. Prior to the on -site audit, excluding the data review sections, please have your analysts complete each checklist. Any checklists that your laboratory is unable to complete, or any specific items that you do not understand, will be completed during the inspection. Completion of these checklists prior to the on -site audit, with comments by analysts relating to specific procedural differences, will help avoid any unnecessary interruption of the analyst's schedule. Hold these checklists at your laboratory for use at the time of the audit. The data review portion of the audit will require complete data packets including all of the supporting documentation for data analysis. This requires, but is not limited to: copies of final reports, instrument run logs, extraction/digestion logs, chromatograms, benchsheets, standard preparation logs, calibration curves and sample receipt/chain of custody forms. If the lab is analyzing samples for reporting to the State of North Carolina, the data packets for those samples should be readily available for review. For any parameters for which there is no North Carolina data to review, general examples of samples analyzed by the certified methods will be reviewed along with any documented allowances in the laboratory's quality system to meet North Carolina program specific requirements. Thank you for your time and cooperation. I can be contacted at (704) 663-1699 (extension 297), if you have questions. Enclosures cc: James W. Meyer Sincerely, Chester E. Whiting Laboratory Section 919 North Main Street, Mooresville, North Carolina 28115 Phone: 704-663-1699 \ FAX: 704-663-6040 \ Internet: www.enr.state.nc.us lincoln county 7047368499 p.2 COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2No FLOOR CITIZENS CFNTFR, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8495 FAX (704) 736-8499 December 20, 2002 NCDENR 919 North Main Street Mooresville, NC 28115 Attn: Allen Johnson Subject: Hydraulic Overload at Forney Creek Wastewater Treatment Plant Lincoln County, NC, Permit No. 0074012 Dear Mr. Johnson: As we discussed on the phone on Wednesday, the purpose of this letter is to document an event that occurred at the subject facility on December 13, 2002. During a heavy rain the treatment plant experienced hydraulic overloading, which caused the two secondary clarifiers to lose their sludge blankets. The overloading was caused by infiltration into the collection system. The influent flow rate, which is normally 0.350 MGD, increased to a rate of approximately 1.0 MGD several times during the storm. Several precautionary measures were taken to minimize any adverse effects from the overloading: 1. Oxidation ditch discs, which induce dissolved oxygen and keep the solids mixed, were turned off so the incoming solids would settle rather than pass through into the secondary clarifiers. 2. The return activated sludge (RAS) pumping rate was increased to rcturn more sludge back to the oxidation ditches. 3. Chlorine feeding to the contact chamber was increased to full teed to help kill the fecal matter. A fecal coliform test was run and the results were 350/100 ml, which is higher than normal, but is within the weekly permit limit of400/100 ml. The amount of clarifier solids lost is unknown, but the sludge blankets are normally maintained at 2 to 3 feet in each of the 97,000 gallon clarifiers. Fecal coliform tests were conducted on December 18, 2002, and the results were: Upstream 130/100 ml Downstream 77/100 ml D.ENR Correspondence UST #00 :44a 0 CO -- CAR�y lincoln county 7047368499 COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2No FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 DEPARTMENT OF PUBLIC WORKS PHONE (704) 736-8495 FAX (704)736-8499 Inspection of the downstream channel did not reveal a negative impact from the overflow. A concerted effort is underway to identify and repair the source of the infiltration in order to prevent such occurrences in the future. Thank you for your assistance in this matter. Please let me know if you have any questions or if you need additional information. Sincerely, A;91(U�44(- Stephen A_ Gilbert, PE, PLS Director of Public Utilities p.3 D.ENR Correspondence UST #109 oJNTY °O`k MIi Iu11� �� o � � z O the DEPARTMENT OF PUBLIC WORKS (704) 736-8497 FAX (704) 736-8499 COUNTY OF LINCOLN, NORTH CAROLINA 115 WEST MAIN STREET, 2ND FLOOR CITIZENS CENTER, LINCOLNTON, NORTH CAROLINA 28092 September 16, 2002 Mr. Richard Bridgeman Division of Water Quality Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 RE: Permit # NCO074012 Forney Creek Wastewater Treatment Plant Dear Mr. Bridgeman: ,41ND NATURAL AMC,1REsv:1 � . i. URCI.s rrr S EP 17 2002 This letter is in response to the deficiencies of the on -site plant inspection performed on August 8, 2002 by Mr. Wes Bell. Section: FACILITY SITE REVIEW OPERATIONS & MAINTENANCE Problem: An extension ladder is the only means of observing the inside of the sludge holding tank. Corrective Action: The Lincoln County Public Works department is contacting several companies for bids to build steps with a platform attached to the sludge holding tank to gain access to the top. Section: SELF -MONITORING PROGRAM (Paragraph 1) Problem: No effluent temperature was reported on June 4, 2002 and on nine occasions in August of 2001. Corrective Action: The effluent temperature was recorded on the plant log, but was overlooked when the DMR was filed. It should also be noted that Forney Creek WWTP underwent a 67% personnel change including the ORC during 2001. (Paragraph 2) Problem: Incorrect BOD and Ammonia limits on bottom of April 2002 DMR. Corrective Action: We failed to change from winter to summer limits per the NPDES permit. A closer proofread of the data being submitted will be accomplished prior to the DMR being submitted. re: VFV (Paragraph 3) Problem: Facility does not specify on the DMR the actual BOD values that did not meet a Q.C. criteria. Corrective Action: BOD Q.C. failures were being documented on the DMR. However, in the future a more detailed report including values will be submitted. (Paragraph 4) Problem: Incorrect Total Nitrogen value reported on June 2002 DMR. Corrective Action: March 2002 DMR also had incorrect data for Total Nitrogen. Corrected DMR reports for March and June 2002 have been submitted to Central Files, Division of Water Quality in Raleigh. Section: FLOW MEASUREMENT (Paragraph 1) Problem: Effluent flow data charts flow on a six hour interval. Program should be modified into shorter periods to chart more accurate and precise flow patterns. Corrective Action: G.E. Team Control of Charlotte, N.C., who did the original program for the plant has been contacted to determine the necessary action required to change the effluent flow pattern. If you have any questions, please feel free to contact us at (704) 822-9667. Sincerely, C�- /_1 — Roger H. Mobley Forney Creek WWTP ORC RHM/sf cc: Stephen Gilbert, Director Lincoln County Public Works Or W ATFq Michael F. Easley v Governor Uj William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources p 'C Alan W. Klimek, Director Division of Water Quality August 21, 2002 CERTIFIED MAIL 7001 2510 0005 0288 0234 RETURN RECEIPT REQUESTED Mr. Stephen A. Gilbert, Public Utilities Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 Subject: Notice of Violation Compliance Evaluation Inspection Middle Forney Creek WWTP NPDES Permit No. NCO074012 Lincoln County, NC Dear Mr. Gilbert: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 8, 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 to him. This report is being issued as a Notice of Violation (NOV) because of the limit violation of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Self -Monitoring Section_of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation, per day may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by September 19, 2002, addressing the deficiency noted in the Facility Site Review/Operations & Maintenance and Self - Monitoring Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. I Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 800 623-7748 FAX (704) 663-6040 Mr. Stephen A. Gilbert Notice of Violation Page Two 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 US Environmental Protection Agency, Washington, D.C., 20460 � A ff-jaOMB Form Approved. No.2040-0057 Water Compliance Inspection Repo rt Approval Expires 8-31-98 NC Division of Water Quality / Mooresville Regional Office NCDERR 77 Section A: National Data System Coding Transaction Code NPDES No. Vr/Mo/Day Inspection Type Inspector Facility Type N 5 NCO074012 02/08/08 C S 1 Remarks: Inspection Work Days Facility Evaluation Rating BI QA ..........Reserved........... 1.5 3 N N Section B: Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effective Date: County of Lincoln -Middle Forney Creek WWTP 9:21 am 01/06/01 7533 South Little Egypt Road Exit Time/Date: Permit Expiration Date: Lincoln County, North Carolina 12:01 pm 05/02/28 02/08/08 Name(s) of On -Site Rep resentative(s)/Title(s)/Phone No(s)/Fax No(s): Mr. Roger Mobley/ORC/704-822-9667 Name and Address of Responsible Official: Title: Public Utilities Director Mr. Steven A. Gilbert Lincoln County 115 West Main Street Phone No: Contacted? Lincolnton, North Carolina 28092 704-736-8496 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) X Permit X Flow Measurement X Operations & Maintenance X Sewer Overflow X Records/Reports X Self -Monitoring Program X Sludge Handling/Disposal Pollution Prevention X Facility Site Review Compliance Schedules Pretreatment Multimedia X Effluent/Receiving Waters X Laboratory Storm Water Other: Section D: Summary of Findings/Comments See Attached Sheet(s) for Summary. Name(s) and Signature(s) of Inspectors: Agency/Office/Telephone No: Date: Wes Bell �,(� NCDWQ/MOORESVILLE/(704)663-1699 8/12/02 Date: Signature of Management QA Reviewer: Agency/Office/Phone & Fax No: Date: EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete Middle Forney Creek WWTP Page Two The facility was last inspected by Linda Love of this office on June 15, 2001. PERMIT: The permit authorizes the continued operation of an existing 0.75 MGD wastewater treatment facility consisting of an influent pump station with dual pumps, parshall flume with ultrasonic flow recorder, mechanical bar screen, manual bypass screen, aerated grit removal basin, oxidation ditch with three (3) channels, dual final clarifiers, dual chlorine contact chambers, gas dechlorination, cascade post aeration, return sludge pumping station with dual pumps, dual aerobic digesters, gravity sludge thickener, and sludge holding tank. The permit for this facility became effective on 6/1/01 and expires on 2/28/05. RECORDS AND REPORTS: Records and reports consisting of discharge monitoring reports (DMR's), chain of custody forms, sample analysis reports, lab bench sheets, Operator -in -Responsible Charge (ORC)/daily operation log, maintenance log, O & M manuals, process control data, and calibration logs were reviewed at the time of the inspection. The records were in-depth and well organized. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE All treatment units appeared to be operating properly and the surrounding grounds were well maintained. The DAF unit is operational; however, the treatment unit has not been put into service. Only one of the chlorine contact chamber was being utilized due to low flows. The mixed liquor appeared to be adequately oxygenated and well mixed. The effluent from the final clarifiers was clear with no floatable solids. Bar screenings are disposed at the county landfill. The back-up generator is tested on a weekly basis. The facility utilizes an on-line computer system (SCADA) to assist in the operation of the treatment facility. The process control program consists of mixed liquor suspended solids (MLSS), dissolved oxygen, settleability tests, sludge blanket measurements, and microscopic examinations. Sludge wasting is based on MLSS measurements. The facility's collection system consists of eighteen pump stations equipped with autodialer, audible, and visual alarm systems. The pump stations are inspected on a weekly basis. The county's collections/sewer department maintains all pump stations. The facility is staffed with a Grade IV ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. The ORC was very knowledgeable of all treatment processes and equipment utilized at the facility. An extension ladder is the only means of observing the inside of the sludge holding tank. This is a serious safety hazard for the operators. An OSHA approved access ladder with platform should be installed. In addition, the NPDES Permit requires that the facility be properly operated and maintained at all times. Middle Forney Creek WWTP Page Three LABORATORY The on -site laboratory (Certification #558) and the contracted services of Pace Analytical Services, Inc. (Certification #40) in Huntersville, N.C. provide analytical support. The laboratories were not evaluated at the time of the inspection. Please refer to Mr. Chet Whiting's (Division's Laboratory Certification Unit) inspection report for the inspection performed at the on -site laboratory on 4/16/02. The pH, TRC, and dissolved oxygen meters and thermometer appeared to be properly calibrated. EFFLUENT/RECEIVING WATERS The effluent discharge was clear with trace suspended solids and no foam. The facility discharges into Forney Creek, which is a Class C water in the Catawba River Basin. The receiving stream did not appear to be negatively impacted. The discharge outfall was accessible at the time of the inspection. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period June 2001 through May 2002, inclusive. A daily maximum TRC violation was reported on February 28, 2002. No effluent temperature was reported on June 4 and on nine occasions in August 2001. The remaining monitoring frequencies were correct. The incorrect BOD and ammonia limits were noted on the bottom of the April 2002 DMR. The ORC and permittee should ensure all DMRs are accurate and complete before submittal to the Division. The facility does not specify (on the DMR) the actual BOD values that did not meet all QC criteria and the corresponding values of the QC exceedances. These values should be specified on the DMR in order for the Division's staff to determine the validity of the data. The review of the June and July 2002 DMRs was performed at the time of the inspection. The facility's contracted lab analyzed for TKN, nitrate nitrogen, and nitrite nitrogen; however, only the TKN values were reported for the total nitrogen value. According to 15A NCAC 2B .0508 (d)(3)(A), "total nitrogen shall be the sum of TKN, nitrate nitrogen, and nitrite nitrogen... ". Please resubmit amended DMR(s) to the Division. Composite samples are collected flow proportionately. All samples appeared to be properly preserved and meet the required holding times. FLOW MEASUREMENT: Effluent flow is measured continuously by an ultrasonic flow meter with totalizer. The flow data is charted on a computer terminal located in the facility's office. The computer program charts the flows on a six hour interval. The computer program should be modified into shorter time periods (such as every 15 or 30 minutes) to chart more accurate and precise flow patterns. Middle Forney Creek WWTP Page Four FLOW MEASUREMENT cont'd: The flow meter is calibrated annually by the Ken Nash Company in Lowell, N.C. The flow meter was last calibrated on 3/6/02. SLUDGE DISPOSAL: Digested sludge is land applied by Southern Soil Builders of Roaring River, N.C. under the authority of Permit No. WQ0002712. 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. 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. State of North Carolina Department of Environment and Natural Resources Mooresville Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary April 5, 2002 558 Mr. Roger Mobley Lincoln Co. Forney Creek WWTP Lab 7533 S. Little Egypt Road Stanley, NC 28164 AArkif NCDENFI NORTH CAROLINA DERARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SUBJECT: Wastewater/Groundwater Laboratory Certification Dear Mr. Mobley: We have scheduled an on -site audit of your laboratory for approximately 9:00 a.m., Tuesday April 16, 2002. The scope of the audit will include all methods marked on Attachment I of the laboratory's current North Carolina Wastewater /Groundwater Certificate and /or marked on the application for NC Wastewater/Groundwater Laboratory Certification (a copy is enclosed). The purpose will be to verify the laboratory's documented quality control/quality assurance procedures and adequacy in meeting the requirements of 15A NCAC 2H .0800. Enclosed are inspection checklists for the upcoming inspection. Prior to the on -site audit, excluding the data review sections, please have your analysts complete each checklist. Any checklists that your laboratory is unable to complete, or any specific items that you do not understand, will be completed during the inspection. Completion of these checklists prior to the on -site audit, with comments by analysts relating to specific procedural differences, will help avoid any unnecessary interruption of the analyst's schedule. Hold these checklists at your laboratory for use at the time of the audit. Please have available for review all DMR report sheets and bench data produced since the last on - site inspection. These data sets will be used to assess the quality of your data during the inspection. If further data or report sheets are required, we will notify you during the inspection. . Review your last inspection report (Inspection date: 9/14/00), to assure that all deficiencies have been corrected. If the deficiencies cited in the 9/14/00inspection report have not been corrected, enforcement action will be recommended. Thank you for your time and cooperation. I can be contacted at (919) 733-3908 (extension 252), if you have questions. Sincerely, Chester E. Whiting Laboratory Section CEW:cew Enclosures cc: James W. Meyer Mooresville Regional Office 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper �QF \NATF9O Michael F. Easley, Governor William G. Ross Jr., Secretary \Q G North Carolina Department of Environment and Natural Resources r\ Gregory J. Thorpe, Ph.D. —t Acting Director O 'C Division of Water Quality March 7, 2002 558 MAR 0 8 2002 Mr. Roger H. Mobley Forney Creek WWTP - Lincoln County 7533 S. Little Egypt Rd. WATER 0", , Stanley, NC 28164-'`�"'- SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal Dear Mr. Mobley: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, Steve W. Tedder Laboratory Section Chief Enclosure cc: James W. Meyer Chester E. Whiting Mooresville Regional Office Laboratory Section N. C. Division of Water Quality 1623 Mail Service Center Raleigh, NC 27699-1623 FAX: 919-733-6241 Internet: www.esb.enr.state.nc.us/lab NCUENR (919)733-3908. STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions ofN.C.G.S. 143-215.3 (a) (1), 143-215.3 (a)(10) and NCAC 2H.0800: SrA7 1 i �f �`� ,.� QUAM VtpC.�...�f FORNEY CREEK WWTP - LINCOLN COUNTY Is hereby certified to perform environmental analysis as listed on Attachment I and report monitoring data to DWQ for compliance with NPDES effluent, surface water, groundwater, and pretreatment regulations. By reference 15A NCAC 2H .0800 is made a part of this certificate. This certificate does not guarantee validity of data generated, but indicates the methodology, equipment, quality control procedures, records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2002 Certificate No. 558 Steve W Tedder ppppp� Attachment I North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing Lab Name: Forney Creek WWTP - Lincoln County Certificate Number: 558 Address: 7533 S. Little Egypt Rd. Effective Date: 01/01/2002 Stanley, NC 28164- Expiration Date: 12/31/2002 Date of Last Amendment: 02/28/2002 The above named laboratory, having duly met the requirements of 15A NCAC 2H.0800, is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS INORGANICS BOD Std Method 5210B RESIDUAL CHLORINE Std Method 4500 Cl G COLIFORM FECAL Std Method 9222D (MF) CONDUCTIVITY Std Method 2510B DISSOLVED OXYGEN Std Method 4500 O G AMMONIA NITROGEN Std Method 4500 NH3 F pH Std Method 4500 H B RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550B This certification requires maintance of an acceptable quality assurance program, use of approved methodology, and satisfactory performance on evaluation samples Laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 21-1.0807. 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 STAN KISER EAST LINCOLN COUNTY 115 West Main Street LINCOLNTON, NC 28092 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Renewal Notice NPDES Permit NCO074012 Forney Creek WWTP 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 �e Regional Office, Water low NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT US ON THE INTERNET@ http://h2o.en r. state. nc. us/NPDES Charles.Weaver@ncmail.net NPDES Permit NCO074012 EAST LINCOLN COUNTY 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.1 Lb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted ONLY by Industrial facilities discharging process wastewater: ❑ Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA is not completed within one week of 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 nonindustrial 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 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 November 23, 1999 Mr. Jack Chandler, Public Service Director Lincoln County 115 West Main Street Lincolnton, North Carolina 28092 Dear Mr. Chandler: A'6TT'4 ? W, A NCDENR NORTH CAROLINA DEPARTMENT OF - ENVIRONMENT AND NATURAL RESOURCES N.C. DEPT. OF LNVIRONMENT, HEAL77% er NATURAL RESOURCI4 NOV 30 1999 Il .0 of Wfr NMINTAI MANA80M Subject: Apphwim . 16922 Additional Information Request Lincoln County Land Application of Residuals from the Treatment of Water and Wastewater Lincoln and Catawba Counties The Non -Discharge Permitting Unit has completed a preliminary engineering review of the subject application. Additional information is required before we can continue our review. Please address the following items no later than December 23, 1999: General Information: 1) Note that the three watershed classification forms (i.e., Page 9 of 18 of the submitted application form), submitted as part of this permit application package, were not signed by the applicant (i.e., see Item 8.). The Division of Water Quality (Division) views the applicant's signature on this form as a certification that the information provided is correct and accurate. Therefore, please submit amended forms accordingly. 2) Note that a separate Section III., Section IV., and Section V. must be prepared and submitted for each source of residuals to be permitted. The submitted permit application package appears to have only one copy of these sections, and these are all applicable to the residuals to be generated at the Forney Creek Wastewater Treatment Plant (WWTP). Please submit complete section for the residuals to be generated by the East Lincoln County Water Treatment Plant (WTP) as well. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Facility Information: 1) Note that the permit numbers for the Forney Creek WWTP and the East Lincoln County WTP, as listed in Item III. 2. on Page 2 of 18 of the submitted application form, are switched. Specifically, the NPDES Permit No. for the WWTP is NC0074012, and the Public Water Supply ID No. for the WTP is 01-55-085. Please ensure that this typographical error is corrected in any additional information submitted to the Division as a result of this request letter. 2) Please clarify whether or not the 368,000-gallon storage volume at the Forney Creek WWTP is provided in a holding tank or tanks separate from the aerobic digester. State how many aerobic digesters and holding tanks are available at the WWTP. Clarify whether or not the holding tanks are aerated. 3) Please clarify whether or not all residuals generated at the Forney Creek WWTP are thickened following digestion and prior to storage. 4) As requested in Item III. 11. on Page 2 of 18 of the submitted application form, please provide an explanation of the treatment process at the East Lincoln County WTP. Ensure that this explanation includes a description of how the residuals to be land applied are generated, treated, and stored. Residuals Information: 1) The Division has several questions with respect to the information provided in Item III. 4. on Page 2 of 18 of the submitted application form: ♦ Please explain how the estimated volume of residuals to be generated by the Forney Creek WWTP was calculated. Clarify why this volume is expressed as a range. ♦ Please clarify whether the request to land apply the 105 dry tons of residuals stored at the East Lincoln County WTP is to constitute a one-time series of events only. If so, provide the length of time that land application of these stored residuals is expected to occur. ♦ Following removal of the 105 dry tons of residuals stored at the East Lincoln County WTP, clarify whether or not the WTP is to remain a source in the land application program. If so, provide the estimated dry tons per year to be land applied from this facility (i.e., ensure that a quantitative justification of this volume is provided). 2) Please describe what is/will be the ultimate disposal of the grit collected from the aerated grit chamber at the Forney Creek WWTP. Specifically, the Division is interested in whether or not this material is intended for land application as well. 3) No reactivity, ignitability, and corrosivity analysis reports were submitted for either the WWTP or the WTP residuals, as requested by Item IV. 1. b. on Page 3 of 18 of the submitted application form. Please provide copies of these reports for the Division's review and inclusion in the final permit file. Residuals Information (continued): 4) The total solids analysis of the residuals generated by the Forney Creek WWTP, as completed by A&L Eastern Agricultural Laboratories, Inc., was reported to be 0.61 percent. Please clarify whether or not the sample analyzed is representative of the residuals intended for land application (i.e., the submitted permit application package indicates that thickened biosolids are going to be land applied). If not, please provide an analysis of the residuals that are intended for land application. 5) Note that the arsenic concentration for the Forney Creek WWTP residuals is not correct in Item IV. 3. on Page 3 of 18 of the submitted application form. Please provide an amended page for the Division's inclusion in the permit file. 6) Please be aware that there are two typographical errors in the calculation worksheet for the East Lincoln County WTP provided in the submitted permit application package. The value for total Kjeldahl nitrogen is listed as 21,500 milligrams per kilogram; however, the residuals analysis performed by A&L Eastern Agricultural Laboratories, Inc. shows that there are only 15,300 milligrams per kilogram present. Note that this error causes the plant available nitrogen to be calculated incorrectly by the spreadsheet. Finally, the pounds of lead per dry ton of residuals is off by an order of magnitude. Please submit corrected worksheets for the Division's inclusion in the final permit file. Pathogen and Vector Attraction Reduction: 1) Please clarify whether the fecal coliform tests for the WWTP and WTP residuals, submitted in the additional information received on June 11, 1999, are reported in most probable number per wet gram or most probable number per dry gram. 2) The additional information received on June 11, 1999 accidentally omitted the vector attraction reduction testing, results, and calculations for the residuals generated by the Forney Creek WWTP, as requested in Item V. 2. on Page 4 of 18 of the submitted application form. Land Application Sites: 1) Please clarify whether the desired field designations will be "T" or "DT," "P" or "DP," or "J" or "DJ," for the Darris Turbyfill, Bernice Preston, and North & Melanie Jones, respectively. 2) Please clarify which of the Dams Turbyfill sites are in Catawba County and which are in Lincoln County. 3) For Site No. T3, please clarify what type of pasture (i.e., fescue, etc.) is intended for planting. In addition, please consider divided this site into two separate fields, so that the land application on the 20 acres of pasture and 6 acres of crops may be more easily tracked by the applicant and the Division. Ensure that an amended buffer map is submitted accordingly. Land Application Sites (continued): 4) Please clarify what type of pasture and hay crop (i.e., fescue, etc.) are intended for planting on the North Jones and Melanie Jones sites. 5) The Division has several comments with respect to the buffer maps provided in the submitted permit application package: ♦ No north arrows are provided on any of the buffer maps. Please consider adding this item to each map as a clarification to the applicant, the contractor, and the Division. ♦ On Site No. T1, the house/domestic supply well near the middle of the southern border does not appear to be adequately buffered (i.e., 400 feet maximum), if the house is under separate ownership. ♦ On Site No. T3, the northernmost house/domestic supply well near the southern border does not appear to be adequately buffered (i.e., 400 feet maximum), if the house is under separate ownership. ♦ It would be helpful to the Permittee, the contractor, and the Division if the buffer map for Site No. P1 were amended to label the owners of the various houses/properties. In this way, areas where reduced buffer apply may be more easily detected. ♦ On Site No. P1, it appears as if a buffer from the northwestern property line was omitted. ♦ One Site No. P1, it appears as if a public right-of-way buffer from Old Plank Road was omitted near the western corner of the site. ♦ Please note that the Division does not allow reduction in buffers from property lines (i.e., only allowed reduction is for buffers from structures under separate ownership). Therefore, please amend the buffer map for Site No. P 1 to include the required 50-foot buffer from the property line shared with Ruth Conner (?). ♦ It is difficult to determine exactly where the property line delineations are on the buffer map for Site No. J1. Ensure that all property line buffers are properly provided in any amended copies. ♦ Public right-of-way buffers do not appear to be drawn in for Site No. Jla and Site No. Jlc. ♦ On Site No. Jla, the house/domestic supply well to the southeast does not appear to be adequately buffered (i.e., 400 feet maximum), if the house is under separate ownership. 6) The agronomist's report provided in the submitted permit application package states that the soil pH must be adjusted to between 5.6 and 6.0. Please note that the permit, when issued, will require that the soil pH be adjusted to a minimum of 6.0. Land Application Site (continued): 7) Note that the Division now adjusts all PAN loading rated based on realistic yield expectations of the crop growing in a particular soil series (or group thereof). This approach ensures that residuals are applied at as close to agronomic rates as possible (i.e., NCDA fertilizer rates are often excessive). For example, on a soil dominated by a Cecil soil series, a fescue crop to be used for hay should receive about 225 pounds of nitrogen per acre and a fescue crop to be used for pasture should receive about 190 pounds of nitrogen per acre, based on a realistic yield analysis. Therefore, please amend the agronomist's report accordingly. Ensure that all realistic yield calculations as well as sources for the yield data are also provided. 8) The crop management plan submitted with the agronomist's report does not provide any information about sorghum and milo crops. Please amend the plan, as these crop are proposed for some of the land to be permitted into this land application program. 9) In the submitted soil scientist's report, no groundwater monitoring is recommended for any of the sites to be permitted under this land application program. Please note that the Division's Groundwater Section has recommended that a well be installed and monitoring initiated at Site No. P 1 because of the high density of residences and domestic potable water supply wells nearby. The applicant will be required to install this well within 30 days of permit issuance and prior to use of this site for land application. 10) Please explain how the land application sites will be managed to prevent the potential for blinding by the residuals from the East Lincoln County WTP. Please reference the subject permit application number when providing the requested information. Five copies of all revised information, including letters, calculations, analysis reports, and revised maps, should be submitted to my attention at the address above. Please note that failure to provide this additional information on or before the above requested date can result in your application being returned as incomplete. If you have any questions regarding this request, please call me at (919) 733-5083, extension 353. Thank you in advance for your cooperation and timely response. Sincerely, i Shannon Mohr Thornburg Environmental Engineer Non -Discharge Permitting Unit cc: Ofidaswvft Re*6nal Oflrice,,Water Quglity Sections Groundwater Section, Central Office Permit File WQ0016922 Southern Soil Builders, Inc.