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HomeMy WebLinkAboutWQCSD0086_Regional Office Physical File Scan Up To 12/30/2020L��F W hT9 / Michael F. Easley, Governor IS p a William G. Ross Jr., Secretary Nor`£hh Gffr 1ina Department o Environment and Natural Resources bu Coleen H. Sullins, Director -,;~" Division of Water Quality SURFACE WATER PROTECTION SECTION September 19, 2007 Randy A Joseph Town of Hot Springs Hot Springs WWTP P.O. Box 218. , Hot Springs, NC 28743 SUBJECT: Privately -owned Collection Systems and Privately -owned Pump Stations Madison County Dear Mr. Joseph: As we have continued our evaluations of sewage collection systems management, it was recognized that there are a group of contributors that may not be informed of their individual responsibilities. In March 2000, the North Carolina Environmental Management Commission enacted rules related to sewage collection systems. These rules are now found in the North Carolina Administrative Code 15 NCAC 2T .0403 for deemed permitted facilities. They include facilities with a privately -owned collection system that serve condominiums, apartments, mobile home parks, subdivisions, shopping centers, colleges, etc. that are tributary to larger municipally owned systems, yet are"not owned or managed by the municipality. If you are aware of any such privately -owned collection systems, we would also like to be informed of their existence. In addition, we would like to know where any privately -owned pump stations are Eocated that. are connected to your collection system. The type of information we are requesting is the facility name, location and contact person. If that system is in a state of disrepair or if you have received complaints about it previously, please note that as well. Your attention to this request is most appreciated. We have been notified of problems at some of these facilities in the past and.have had a difficult time locating the responsible party to affect a repair to the problem. A response from you within 30 days would be very helpful as we try to ensure that all owners of collection systems are meeting the regulatory requirements of reporting spills and providing the proper operation and maintenance of their systems. Hopefully, this will also be beneficial to the operation of your municipal collection system. Northcarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Town of Hot Springs Page 2 of 2 September 19, 2007 Please list: {1) privately -owned collection systems connected to your collection system a. facility name b. location c. contact person. d. status of system (i.e. in a state of disrepair, etc.) e. complaints received {2} privately -owned pump stations connected to your collection system a. facility name b. location c. contact person d. status of pump station (i.e. in a state of disrepair, etc.) e. complaints received (3) or if applicable, indicate that you do not have any of these private collection systems or private pump stations connected to you collection system.. You may fax this information to the attention of Roy Davis at 828-299-7043. Again, thank you for your assistance. Please contact Roy Davis or Keith. Haynes at 828- 296-4500, should you have any questions regarding this request. Sincere y, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Cc: DWQ - SWP - Central Files PERCS Unit Asheville Regional Office 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 SURFACE WATER PROTECTION December 4, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 3710 Town of Hot Springs Randy A. Joseph P.O. Box 218 Hot Springs, N.C. 28743 SUBJECT: Deemed Permitted Wastewater Collection System Permit No: WQCSDO086 Madison County Dear Wastewater Collection System Owner or Operator, 15 A NCAC 02T — Waste Not Discharged to Surface Waters, was implemented by the North Carolina Environmental Management Commission on September 1, 2006. These Regulations place significant, operation, maintenance, and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. This letter is provided as guidance to assist you in complying with the new reporting and O & M requirements, and to advise you that you are subject to system review, inspections, and possible enforcement, if the system is not in compliance with the regulation. In order to comply with the regulation the following specific criteria is required by 15 A NCAC 02T .0403: (1) The sewer system is effectively maintained,and operated at all times to prevent discharge to land cr surface waters, and to prevent any contravention of. groundwater,standards or surface water standards. (2) A map of the sewer system has been developed. and is actively maintained. (3) An operation and maintenance plan including pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response has been developed and implemented. (4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a telemetry system are inspected at least once per week. (5) High -priority sewers are inspected by the permittee or its representative at least once every six -months and inspections are documented. Northcarolina �atura!!� North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet., www.ncwaterquality.org FAX (828)299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper Page2 Wastewater Treatment Systems Deemed Permitted (6) A general observation by the permittee, or its designated representative, of the entire sewer system is conducted at least once per year. (7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1 C. (8) A Grease Control Program is in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include at least biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. (B) For privately owned collection, systems, the Grease Control Program shall include at least biannual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment accessibility. (10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of the Rule for a minimum of three years with exception of the map, which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility where the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system should not be deemed to be permitted in accordance with this Rule and Rule .0113 of the Subchapter. This determination shall be made in accordance with Rule .0113(e) of the Subchapter. Please be advised that the Asheville Regional Office will be performing NPDES Wastewater Collection System inspections sometime in the near future. If this office' has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria fisted above. In an effort to promote compliance with the regulation and offer assistance please see enclosed a copy of the 02T regulation regarding deemed wastewater collection system O & M. Also, this office has a WWTP Consultant on staff to offer assistance to you in complying with the requirements of the regulation. If you decline assistance, are inspected, and don't meet the requirements of the regulation, you will receive a "Notice of Violation" and will be subject to possible enforcement action. Page 3 Wastewater Systems Deemed. Permitted Should you have questions or need addition_ al information regarding this issue, please contact Don Price or Roy Davis in this office at (828) 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection, cc: Don Price Asheville Regional Office File Central Office Fil.es.' Jeff Poupart, PERCS MAYOR Deborah M. Ponder CLERK ' Lillian 14hitten TOWN OF HOT SPRINGS Post Office Box 218 Hot Springs, North Carolina 28743 Phone (704) 622-7591 • Fax (704) 622-7408 SPILL RESPONSE PLAN PROCEDURES l _ ON CALL OPERATOR RESPONSE ASAP 2. ASSESSMENT OF SPILL. 3_ OPERATOR HANDLE OR CONTACT NECESSARY STAFF AND fOR CONTRACTORS 4_ NOTIFY CUSTOMERS IN GENERAL SPILL AREA 5. NOTIFY DWQ BY PHONE - 828- 251 -6208 AFTER HOURS 1-800-8 58-0368 6. CLEAN UP ALL VISIBLE SOLIDS, PUMF OUT IF NEEDED AND DISINFECT AREA WITH LIME 7- TAPE OFF AREA WITH -WARNING TAPE FOR. 24 HRS_ 8_ FILL OUT SPILLAGE REPORT FORM AND SEND TO REGIONAL MANAGER TO SUBMIT TO STATE IN REQUIRED 5 DAMPS_ ALDERMEN Johnny Norton Marlc Snelson Wilt Stribling m - --------- J6/ 10/1999 .16:12 704684428 G WS ARDEN PAGE: -06 LINE ILL, P-41 t� AND CLEANING HO MAE # BE : PLI N &) Maintenance 667-3198 444.3313 Maintenance Unlimited 628-3799 257-003 LINE BLOC. C11.4 NAM, HOME N � N & J Maintenance 667-3198 444.3313 maipteitance Unlimited 628-3799 257.9503 Roto Kil% 252.2041 691.2041(hlvbiie) - Roto Router 258-300) r SENVEI-I rum NAN IBEEPEI&� Maintenance Unliliiitcd 628.3799 257-9503 Gross Pumping 628-0147 301-7243 771-7778 (Mobile) ' • 1' N l' RE ] [t5 NAME Maimetiance Ualinuted 628-3799 257-9503 D & D Environmental 884-5589 614-0012 N & J Maintenance 667-319B 444-3313 Reed m".1115 i3)L• 7(,p JUN-22-9e. 0.3:14 PM WOLF LAUREL 17046899174 P.04 Uhr''2'_ 11'�'l .1 CIO: 2-7 S4 741? --r _ PAGE 05 s Ken Grcctt 684 • a 191 444-7829 ' Eicctrics of Aylrcvclle G(17-2400 2 71-9340 : r Reed Mullis 932-7662 O�KI) J nvicnn„te,tttrl 884,5589 614.01 12 1 LLNLJj!A,_r1FAtiING NAM F, UO NIU 3 •_ • ►LIL 1� 3 Mailttcttance Unlimited 62 8-3799 257-9503 Uuanc $r:htir. Scrvi(;e 65.1-1049 , is6_ IIQEt 1 1 L NA^ Bl�b� # 1 .1 t_lxli Mai,twrinnce Uuli+aited 6218-3799 257-9503 [1 & J n'lainlc.n,�ltcc .667-3198 444-3313 ` .��,�i �,,,�. �J�.1•�_; r:;w t •�;1.,:.1?�-..i�. hCc,, ;-800'- 22 z _�� <�1 . Qf' nl•f L.sAvre.L �eGt?r +� a z79- e IT— %L J _ -A Mayor: . Troy Sidney Harrison Clerk: Nancy Thomas Tax Collector: Clara Ramsey January 9, 2019 North Carolina Environmental Quality Water Resources 2090 U.S. 70 Highway Swannanoft;NC-28778 Attention: Daniel Boss Dear Mr. Boss, Town of Hot Springs P.O. Box 218 IEIot Springs, NC 28743' Phone: (828)622-7591 Fax: (828)622-7408 Town Council Jeanne Gentry Vaughn Barnett Jimmy Moore Nvision or'vdafer Resources JAN 1 4 2019 WaterQvaji4, P'noior,ai Operations Please find the enclosed Grease Trap Policy the Town of Hot Springs has adopted. We are working diligently to keep our lines running free and clear, and wanted to share this information with you. We will keep you updated on any future developments as our system continues to improve. Thank you for all you do. Sin -ely idney Harris n In accordance with Federal Law and U.S. Department ofAgricultore policy, this institution is prohibited frmn discriminating based on race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal, (Not all prohibited bases apply to all programs). To file a complaint of discrimination, write to: USDA, Assistant Secretary for Civil Rights Office of the Assistant Secretary for Civil Rights 1400 Independeace Avenue, S.W., Slop 9410 Washington, DC 20250-9410 Or call toll free at (866)632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish Federal Relay). USDA is an equal opportunity provider and employer. Division of Water Resources GREASE TRAP POLICY -J A M 1 4 2019.t VIOLATION®- PEl�TAI�'�IES WateA� �13#��3 ev{'+o�a�'QPexaet3ons First Violation x Warning issued * $100.00 Fine X 24 Hours to correct the issue Failure to comply will result in notification to the Madison County Health Department Second Violation X $500.00 Fine,. X 24 Hours to correct the --issue x Notification to Madison County Health ....Department Third Violation x $1,000.00 Fine X Notification to Madison County Health Department X Water Supply will be disconnected until inspected and approved by Madison County Health Department The following time periods shall determine the penalty level for violations. * Upon a first violation, subsequent violations within 90 days shall be assessed as second and another violation with the 90 days; a 3rd violation. At the end of 90 days from the first violation, the time period will reset and subsequent violations., -shall be counted as a 1st violation. = _ I�� Mayor Sidney Harrison ;Tax. -Collector: Clara Ramsey Clerk- Nancy..Thomas TOWN OF HOT SPRINGS PO Box 218 Hot Springs, NC 28743 TOWN Or RIOT SPRINGS Alderman Vaughn Barnett Alderman Jeanne Gentry Alderman Jimmy Moore - - - - - - --__ _-----�-SEA-�-?E--T-A]P-P�I,I�Y-- -- --- - - - - --- - In order to maintain clear wastewater flow, the Town of Hot Springs Board of Alderman have approved the following policy, dated November 5, 2018. *Twice a month Town Maintenance will inspect any commercial establishment where a grease trap is required under the rules of Madison County Health Department until further notice. The inspections will begin January 15, 2019. *Town Maintenance will log the inspection and both the Owner/Operator's and a member of the Maintenance team must sign a paper acknowledging the outcome of the inspection. *If a grease trap is found to be unsatisfactory, the following violation penalties, on page two of this notice;_wiIFb-& assessed: In accordancewith Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all programs). To file a complain of discrimination, write to: USDA, Assistant Secretary for Civil Rights Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W., Stop 9410 Washington, DC 20250-9410 Or call toll free at (866)632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish Federal Relay). USDA is an equal opportunity provider and employer. Mayor: Troy Sidney Harrison Clerk: Nancy Thomas Tax Collector: Clara Ramsey - Town of Hot Springs P.O. Box 218 Hot Springs, NC 28743 Phone: (828)622-7591 Fax: (828)622-7408 Daniel Boss NC Department of Environmental Quality Water Resources 2090 US 70 HWY Swannanoa, NC 28778 Dear Mr. Boss, Alderman: Jeanne Gentry Vaughn Barnett Jimmy Moore bivision of 4VaferkRe o rces NOV 2 7 2017 Water QUa.lit\1 Regional Operations Asheville qc; Ti ? r)ffice In response to your letter of November 6, 2017, I would like to address each description of violation. 1. Violation: " Clear records of high priority line inspections were not available." We will do better in the future. We plan -on inspecting high priority lines three times a week and keep records readily available. 2. Violation: "Not all reportable Sanitary Sewer Overflows are being reported". We will report all Sewer overflows. In your summary, you asked that we include in our budget finds for repair and capital improvement. I have discussed this with the Finance Officer, and we agreed this will be a line item on our next budget.— -- Also in your summary, you suggested we purchase a camera to document all repairs. We are going to purchase a camera, and we will document all repairs. Our collection system workers will document line inspections in a form understandable to an outside person. We strive to be compliant with all environmental issues, and appreciate working with you to ensure we are doing our best to eliminate these violations. Sincere , eidney Harriso ayor, Town of Hot Springs TOWN OF HOT SPRINGS 2017 — 2018 BUDGET BUDGET ORDINANCE FOR THE TOWN OF HOT SPRINGS BE IT ORDAINED by the Board of Aldermen of the Town of .Hot Springs, North Carolina: Section 1: The following amounts are hereby appropriated in the General Fund for the operation of the town government and its activities for the fiscal year beginning July 1, 2017, and ending June 30, 2018, in accordance with the chart of accounts heretofore established for this Town: Governing body $ 47,382 Planning and zoning 1,000 Finance office 138,130 Community Center 6,700 Fire Department 244,360 Police Department 73,550 Powell Street fund 20,000 Street and Garbage collection 89,485 Welcome Center 2,500 Contingency 8,528 Total Appropriations $ 631;635 Section 2: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018: Current year's real property taxes . $ 192,000 Prior year's real property taxes 5,000 Motor vehicle taxes 20,000 Penalties and interest 100 Powell Bill allocation 20,000 Alcohol/beverage tax 3,000 Solid Waste Disposal tax 350 Local Option Sales tax 115,000 Utility Franchise tax 30,000 Unauthorized substance tax 500 Planning & Zoning fees 1,100 Application fees -live music 300 Copies 10 Building rental — EMS 5,000 Citations 100 Community Center rental 300 Officer fees 30 PILOT payment 8,600 Police reports 15 Investment interest 30 Miscellaneous income 200 Welcome Center distribution 2,500 Loan proceeds — land purchase 215,000 Appropriated fund balance 12,500 Total estimated revenues $ 631,635 Section 3: The following amounts are hereby appropriated in the Water and Sewer Fund for the operation of the water and sewer utilities for the fiscal year beginning July 1, 2017, and ending June 30, 2018, in accordance with the chart of accounts heretofore approved for the Town: Water and sewer administration $ 2,950 Water and sewer operations 221,918 Total appropriations $ 224,868 Section 4: It is estimated that the following revenues will be available in the Water and Sewer Fund for the fiscal year beginning July 1, 2017, and ending June 30, 2018: Water usage charges $ 103,500 Sewer usage charges 87,400 Service charges 500 Tap fees 1,000 Other revenues 2,468 Grant — Fire Department — hydrants 5,000 Grant — Pigeon River Fund 25,000 Total estimated revenues $ 224.868 Section 5: There i`s hereby levied a tax at the rate of fifty-one cents ($0.51) per one hundred dollars ($100) valuation of property as listed for taxes as of January 1, 2017, for the purpose of raising the revenue listed as "Current Year's real property taxes" in the General Fund in Section 2 of this ordinance.* This rate is based on an estimated rate of collection of 97,0%. The estimated rate of collection is based on the fiscal 2016-2017 collection rate of 96,85%. Section 6: The Town Clerk is here.by authorized to transfer appropriations as contained herein under the following conditions: A. The Town Clerk shall be authorized to transfer amounts between line item expenditures within a department without limitation and without a report being required. These changes could not result in increases in recurring obligations such as salaries, B, The Town Clerk shall be authorized to effect inter -departmental transfers, in the same fund, not to exceed 10% of the appropriated monies for the department whose allocation is reduced, notation of all such transfers shall'be made to the Board during their next regular session. Section 7: The Town Clerk is hereby restricted from transferring appropriations as contained herein under the following conditions. A. The utilization of a contingency appropriation shall be accomplished only with authorization. B. No salary increases may be made without Board approval. C. No new positions/vacancies, temporary or full- time, may be filled without Board approval. D. No travel advances may be made without written permission of the Mayor. Section 8: This ordinance shall be the basis of the financial plan of the Town of Hot Springs during the 2017 — 2018 fiscal year. The Mayor shall administer the budget and shall insure that the operating officials are provided guidance and sufficient details to implement their appropriate portion of the budget. The accounting section shall establish records which are in consonance with the budget and this ordinance and the appropriate statutes of the State of North Carolina, Section 9: Copies of this budget shall be furnished to the Mayor and Board of Aldermen for the Town of Hot Springs and to the Town Clerk to be kept on file by them for their direction in the disbursement of funds. Adopted this day of June, 2017, Sidney Harri on, Mayor Town of Hot prings ATTEST Nancy Th.oma , Town Clerk Town of Hot Springs (SEAL) In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all programs). To file a complain of discrimination, write to: USDA, Assistant Secretary for Civil Rights Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W., Stop 9410 Washington, DC 20250-9410 Or call toll free at (866)632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish Federal Relay). USDA is an equal opportunity provider and employer. Mayor: Troy Sidney Harrison Clerk: Nancy Thomas Tax Collector: Clara Ramsey April 25, 2017 Dan Boss NC Water Resources Environmental Quality 2090 US 70 Hwy.. Swannanoa, NC 28178 Dear Mr. Boss, Town of Hot Springs P.O. Box 218 Hot Springs, NC 28743 Alderman: Phone: (828)622-7591 Jeanne Gentry Fax: (828)622-7408 Vaughn Barnett Jimmy Moore RECEIVED Division of Water Resources APR 2 7 2017 Water Quality Regional Operations The following non -compliant issues have been addressed: 1. Documenting collection system 2. A staff meeting was held and the team understands what they have to do, and have been given inspection log to update daily. 3. High priority line inspection was discussed and the team knows what to do. 4. The collection system map will be addressed at a later date. I have recently presented an application for a grant through the Appalachian Regional Commission and the Agriculture Department for $30,000.00 to produce a digital snap of our water and sewer system. 5. The staff will be going to the restaurants involved in the grease education program to discuss these matters with them. 6. We are putting new floats in the Post Office Pump Station, and are checking them frequently. Thank you for your efforts in keeping the Town healthy and safe with our water and sewer operations. Sincerely, Certified Mail # 7015 1520 0003 5463 4255. Return Receipt Requested -April 10, 2017 Sidney Harrison Town of Hot Springs PO Box 218 Hot Springs, NC 28743-0218 SUBJECT: NOTICE OF VIOLATION Tracking Number: N0V-2017-PC-0190 Permit No. WQCSDO086 Hot "Springs Collection System -Madison County " Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Hot Springs Collection System on March -30, 2017. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in Collection System Permit No. WQCSD0086. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Collection System Non -sampling inspection was conducted by Division of Water Resources staff from the Asheville Regional, Office. The facility was found to be noncompliant due to the following violation(s) noted during the inspection: Inspection Area Description of Violation Inspections Entire collection system observation is not documented: Inspections High priority line inspections are not documented. Records Incomplete collection system map. Performance Standards No documentedgrease education program. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828=296-4500 In addition, the issues below must also be addressed: Co mpliance.Issue(s): Afloat was.not working at the Post Office pump station. .Pump station, floats and�alarms need to be tested with greater frequency. Pump station 24-hr notification signs need identifiers on them. Pump station inspection log books need more information. Remedial actions should have already been taken to correct these problems and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at -the following address: http://Dortal.ncdenr.ora/web/wq/admin/bog/ipu/edmr. If you should have any questions, please do not hesitate to contact Daniel Boss with. the -Water Quality Regional Operations Section in the Asheville Regional Office at 8287-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc:-y=-1NQS-AsheviIRPRegLop a 17-9ffce---Enforcement File'-=`-- NPDES Compliance/Enforcement Unit - Enforcement Fille G:\WR\WQ\Madison\Collection Systems\Hot springs Collection System\N0V-2017-PC-0190.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 i Compliance Inspection Report Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner : Town of Hot Springs SOC: Effective: Expiration: Facility: Hot Springs Collection System County: Madison I Region: Asheville Contact Person: Randy AJoseph Title: Phone: 828-622-7591 Directions to Facility: System Classifications: CS1, Primary ORC: Randy A Joseph Certification: 26903 Phone: 828-622-7591 Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/30/2017 Entry Time: 10:30AM Exit Time: 12:45PM Primary Inspector: Dani�elJJ Boss Li`)d/dal -7 Phone: 828-296-4658 �rl Secondary Inspector(s): � Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ❑ Compliant Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting Reqmts Inspections Pump Station . ,Manhole Lines (See attachment summary) Page: 1 a Permit: WQCSD0066 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: I (Dan Boss) conducted a Compliance Evaluation Inspection for the Town of Hot Springs Collection System on 3/30/2017. Larry Rickers (collection system worker), Von (Alderman), and Greg (collection system worker) were present for the duration of the inspection. The following permit violations remain from the last inspection in March, 2016: 1. No complete collection system map 2. No implemented grease control education program 3. Pump station inspection logs are not complete 4. No documentation of high priority line inspections 5. No documentation of observation of entire sewer system Work is being done to resolve these violations. McGill Associates is creating a complete collection system map. A grease education program is not yet implemented, but they will add it to the information sent out about "flushable" wipes. I have sent inspection log templates to the city's email that can be used used for documenting collection system work/inspections. Mr. kickers said they will begin documenting the high priority line inspections and observation of the entire collection system. The float at the Post Office Pump Station wasn't working. Testing of floats and alarms needs to be done at least weekly rather than monthly. All pump stations need identifiers on the 24-hour notification signs. Page: 2 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Inspections Yes No NA NE Are maintenance records for sewer lines available? 11 ❑ ❑ Are records available that document pump station inspections? ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day?. W❑ ❑ ❑ Are records available that document citizen complaints? ❑ • ❑ ❑ # Do you have a system to conduct an annual observation of entire system? ❑ M ❑ ❑ ' # Has there been an observation of remote areas in the last year? : ❑ ❑ S ❑ Are records available that document inspections of high -priority lines? ❑ ®❑ ❑ Has there been visual inspections of high -priority lines in last six months? 0 ❑ ❑ ❑ Comment: Entire system is observed every year and high priority lines are frequently inspected they just haven't been documenting it. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ❑ ❑ Are public notices and proof of publication available? ❑ M ❑ ❑ # Is an annual reportbeing prepared in accordance with G.S. 143-215.1C? ❑ 0 ❑ ❑ # Is permittee compliant with all compliance schedules in the permits? ❑ ❑ 0 ❑ If no, which one(s)? Copies of press releases were not available. Comment: Public notices and press releases were not available. . Operation & Maintenance Requirements Are all'log books available? Does supervisor review all log books on a regular basis?' Does the supervisor have plans to address documented short-term problem areas? What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? weekly review Are maintenance records for equipment available? Is a schedule maintained for testing emergency/standby equipment? What is the schedule for testing emergency/standby equipment? Do pump station logs include: Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting and lubricating pumps and other equipment? i Yes No NA NE ❑ ❑ ❑ ■❑❑❑ ❑ ❑ ❑ ■❑❑❑ ❑ ❑ ❑ monthly ❑ ❑ ❑ ❑■❑❑ ❑■❑❑1 Page: 3 a Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Operation & Maintenance Requirements Inspecting alarms, telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? Are maintenance records for right-of-ways available? Are right-of-ways currently accessible in the event of an emergency? Are system cleaning records available? Has at least 10% of system been cleaned annually? What areas are scheduled for cleaning in the next 12 months? They clean as needed which results in more than 10% of the system being cleaned annually. Is a Spill Response Action Plan available? Does the plan include:, 24-hour contact numbers Response time Equipment list and spare parts inventory Access to cleaning equipment Access to construction crews, contractors, and/or engineers Source of emergency funds Site sanitation and cleanup materials Post-overflow/spill assessment Is a Spill Response Action Plan available for all personnel? Is the spare parts inventory adequate? Comment: Pump station logs need to document everything that is being checked on a daily inspection. Performance Standards Is Public Education Program for grease established and documented? What educational tools are used? They have a documented program for public education regarding "flushable" wipes and will add grease education to their future mailings. Is Sewer Use Ordinance/Legal Authority available? Does it appear that the Sewer Use Ordinance is enforced? Is Grease Trap Ordinance available? Is Septic Tank Ordinance available (as applicable, i.e. annexation) List enforcement actions by permittee, if any, in the last 12 months Has an acceptable Capital Improvement Plan (CIP) been implemented? Does CIP address short term needs and long term \"master plan\" concepts? Does CIP cover three to five year period? Yes No NA NE ❑ 2 ❑ ❑ ®❑ ❑ ❑ ❑ ❑ ❑ ■❑❑❑ Yes No NA NE ❑■❑❑ ■❑❑❑ ❑ ❑ ❑ M ❑ ❑ ❑ ❑ ❑ ❑ Page: 4 r Permit: WQCSD0086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 - Inspection Type: Collection System,lnspect Non.Sampling Reason for Visit: Routine ,Performance Standards Yes No NA.NE Does CIP include Goal Statement? ❑ ❑ .9 El Does CIP include_ description of project area? : ❑ ❑ ❑ Does CIP include description of existing facilities? ❑ ❑ .E. ❑ Does CIP include known deficiencies? ❑ ❑ ❑ Does CIP include forecasted future needs? ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? ❑ ❑ 0 ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments Is system free of known points of bypass? ❑ ❑ ❑ If no, describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? 0 ❑ ❑ ❑ # Does the sign include: Instructions for notification? M ❑ ❑ ❑ Pump station identifier? ❑ 0 ❑ ❑ 24-hour contact numbers 0 ❑ ❑ ❑ If no, list deficient pump stations None of the pump stations have identifiers on the 24 hour notification signs. # Do ALL pump stations have an "auto polling" feature/SCADA? ❑ M ❑ ❑ Number of pump stations 4 Number of pump stations that have SCADA o Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 # Does the permittee have a roof control program? ❑ M ❑ ❑ # If yes, date implemented? Describe: Comment: Pump station identifiers need to be added to the pump station emergency, signs. Records Yes No NA NE Are adequate records of all SSOs, spills and complaints, available? ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ❑ Do spill records indicate repeated overflows (2 or more in 12 months) at same location? El. ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ ❑ Page: 5 Permit: WQCSDO086 Owner- Facility: Town of Hot Springs Inspection Date: 03130/2017 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Records Is a map of the system available? Does the map include: Pipe sizes Pipe materials Pipe location Flow direction Approximate pipe age Number of service taps Pump stations and capacity If no, what percent is complete? List any modifications and extensions that need to be added to the map No extensions need to be added. # Does the permittee have a copy of their permit? Comment: McGill Associates is creating a new map for Hot Springs. #1 - Jackson -St. Manhole Is manhole accessible? # Is manhole cover/vent above grade?. Is the manhole free of visible signs of overflow? Is the manhole free of sinkholes and depressions? Is manhole cover present? # Is manhole properly seated? # Is manhole in good condition? Is invert in good condition? Is line free -flowing and unrestricted in manhole? Is manhole free of excessive amounts of grease? Is manhole free of excessive roots? Is manhole free of excessive sand? Is manhole's extended vent screened? Are vents free of submergence? Are manholes free of bypass structures or pipes? Comment: #2 - Post Office Manhole 0 .Yes No NA NE ❑M ❑ ❑ ❑0❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑■❑❑ ❑■❑❑ ❑■❑❑ 75 ❑❑■❑ I Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■❑❑❑ ■❑❑❑ ❑ ❑ ❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ■❑❑❑ ❑ ❑ ❑ ■❑❑❑ Yes No NA NE Page: 6 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type: Collection System Inspect Non Sampling Reason. for Visit: Routine #2 - Post Office Manhole Yes No NA NE Is manhole accessible?9 ❑ ❑ ❑ # Is manhole cover/vent-above grade? -0 ❑ ❑ ❑ Is the manhole free of visible signs of overflow? 0 ❑ ❑ Is the manhole free of sinkholes and depressions? ❑ ❑ ❑ Is manhole cover present? ❑ ❑ ❑ # Is manhole properly seated? ■ ❑ ❑ ❑ # Is manhole in good condition? M ❑ 0 ❑ # Is invert in good condition? e ❑ ❑ ❑ Is line free -flowing and unrestricted in manhole? ❑ ❑ ❑ Is manhole free of excessive amounts of grease? ❑ ❑ ❑ Is manhole free of excessive roots? 0 ❑ ❑ ❑ Is manhole free of excessive sand? 0 ❑ ❑ ❑ Is manhole's extended vent screened? v ❑ 0-M ❑ Are vents free of submergence? ❑ ❑ M ❑ Are manholes free of bypass structures or pipes? M ❑ ❑ ❑ Comment: r #2 - Post Office Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? ❑ ❑ ❑ Is it accessible in all weather conditions? 0❑ ❑ ❑ # Is general housekeeping acceptable? ❑ ❑ ❑ Are all pumps present? 0❑ ❑ ❑ Are all pumps operable? 0❑ ❑ ❑ Are wet wells free of excessive debris? 0 ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? 0❑ ❑ ❑ Are floats/controls for-pumps/alarms operable? ❑ M ❑ ❑ Is "auto polling" feature/SCADA present? ❑ M ❑ ❑ Is "auto polling" feature/SCADA operational? ❑ ❑ 0 ❑ Is simple telemetry present? ❑ M ❑ ❑ Is simple telemetry operational? ❑ ❑ 0 ❑ Are aodio and visual alarms present? ■ ❑ ❑ ❑ Are audio and visual.alarms operable? 0❑ ❑ ❑ Is the Pump station inspected as required? M❑ ❑ ❑ Page:' 7 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine ' #2 - Post Office .Pump Station Yes No NA NE Are backflow devices in place? ❑ ❑ ❑ Are backflow devices operable? ..M El ❑ ❑ Are air relief valves in place? ❑ ❑ ® ❑ Are air relief valves operable? ❑ ❑ M ❑ # Is an emergency generator available? M ❑ ❑ ❑ Can the emergency generator run the pumps? M ❑ ❑ ❑ Is the pump station equipped for quick hook-up? ❑ ❑ ❑ Is the generator operable? ®❑ ❑ ❑ # Is fuel in tank and sufficient? 0 ❑ ❑ ❑ Is the generator inspected according to their schedule? 0 ❑ ❑ ❑ Is a 24-hour notification sign posted? 0 ❑. ❑ ❑ Does it include: Instructions for notification? ❑ ❑ ❑ Pump station identifier? ❑ 0 ❑ ❑ Emergency phone number M ❑ ❑ ❑ Is public access limited? M ❑ ❑ ❑ Is pump station free of overflow piping? 0 ❑ ❑ ❑ Is the pump station free of signs of overflow? 0 ❑ ❑ ❑ Are run times comparable for multiple pumps? no Comment: Larry told me that the floats were checked once per month. I requested that they increase their alarm/float checks to once per week and begin documenting those checks. RED BRIDGE -,Red Bridge Pump Station Yes No NA NE Pump station type Simplex, Single Are pump station logs available? ❑ ❑ ❑ Is it accessible in all weather conditions? ❑ ❑ ❑ # Is general housekeeping acceptable? E ❑ ❑ ❑ Are all pumps present? M ❑ ❑ ❑ Are all pumps operable? 0 ❑ ❑ ❑ Are wet wells free of excessive debris? ❑ ❑ ❑ Are upstream manholes free of excessive debris/signs of overflow? 0 ❑ ❑ ❑ Are floats/controls for pumps/alarms operable? 0 ❑ ❑ ❑ Is "auto polling" feature/SCADA present? ❑ M ❑ ❑ Is "auto polling" feature/SCADA operational? ❑ ❑ ❑ Page: 8 s 1 J Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/30/2017 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine RED BRIDGE - Red Bridge Pump Station Yes No NA NE Is simple telemetry present? Is simple telemetry operational? ❑ ❑ Are audio and visual alarms present? 0 ❑ ❑ ❑ Are audio and visual alarms operable? ❑ Is the Pump station inspected as -required? M ❑ ❑ ❑ Are backflow devices in place? M❑ ❑ ❑ Are backfiow devices operable?0 ❑ ❑ Are air relief valves in place? ❑ ❑ ❑ Are air relief valves operable? ❑ ❑ 0 ❑ # Is an emergency generator available? ❑ ❑ Can the emergency generator run the pumps? 0 ❑ ❑ ❑ Is the pump station equipped for quick hook-up? 0 ❑ ❑ ❑ Is the generator operable? ❑ ❑ ❑ # Is fuel in tank and sufficient? ❑ ❑ M Is the generator inspected according to their schedule? 0 . ❑ ❑ ❑ Is a 24-hour notification sign posted? 0 ❑ ❑ ❑ Does it include: Instructions for notification? 0 ❑ ❑ ❑ Pump station identifier? ❑ 0 ❑ ❑ Emergency phone number0 ❑ ❑ ❑ Is public access limited? 0❑ ❑ ❑ Is pump station free of overflow piping? M ❑ ❑ ❑ Is the pump station free of signs of overflow? M ❑ ❑ ❑ Arerun times comparable for multiple pumps? nla Comment: All stations need identifiers on their emergency notification signs. 0 Page: 9 In accordance with Federal Law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all programs). To file a complain of discrimination, write to: USDA, Assistant Secretary for Civil Rights Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W., Stop 9410 Washington, DC 20250-9410 Or call toll free at (8661632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish Federal Relay). USDA is an equal opportunity provider and employee Mayor: Troy Sidney Harrison Clerk: Nancy Thomas February 9, 2017 Town of Hot Springs P.O. Box 218 Hot Springs, NC 28743 Phone: (828)622-7591 Fax: (828)622-7408 Alderman: Jeanne Gentry Vaughn Barnett Jimmy Moore Tax Collector: Clara Ramsey Dear Water and Sewer Customers living on Conway and South Spring St. Once again we are experiencing a problem with diapers and baby and adult wipes being flushed into our sewer system. These objects cause our sewer pumps to malfunction. The costs to repair these pumps will ultimately fall into the pockets of the consumer. In other words, if this continues to be a problem, water rates will have to increase in order to cover the expense. PLEASE DO NOT FLUSH DIAPERS, BABY OR ADULT WIPES OR ANY OTHER MATERIALS NOT INTENDED TO GO INTO A SEWER SYSTEM. This is a very simple solution to a very frustrating problem. Thank you for your cooperation. z4J J g r,;,�e l /l 61 ti ;. ELE u F 7 o Certified Mail # 7014 0510 0000 4466 9342 Return Receipt Requested March.09, 2016 Sidney Harrison, Mayor Town of Hot Springs PO Box 218 -Hot Springs, NC 28743-0218 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-PC-0068 Permit No. WQCSD0086 Hot Springs Collection System., Madison County _ Dear Permit ee: "Gasanscr IIit?Nr'L R tirLN3EI fu`4itT S Tic Y .�Z1��TViERIv� tS.l'�, The North Carolina Division of Water Resources conducted an inspection of the Hot Springs Collection System on March 4, 2016. This inspection was conducted to verify that the collection system is operating in compliance with, the conditions and limitations. specified in Collection System Permit No. WQCSD0086. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Collection. System Non -sampling inspection -was conducted by Division of Water Resources Environmental Engineer Tim Heim from the Asheville Regional Office. Also present during the inspection were Sara Nichols, Madison County Planner, Mike Dowd, P.E. of McGill Associates, and Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs.. Based on records reviewed, on -site visits to pump stations and components of the collection system, and interviews with'town staff, the facility was found to be non -compliant with the Deemed Collection System requirements. The following violation(s) were noted during the inspection: State of North Carolina I Environmental Quality i Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 Inspection Area Description of Violation Inspections Document inspections of high priority lines and an annual observation of the entire system. Document when line cleaning and/or repair is performed. Performance Standards Institute a Grease Control Program is in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public - and private satellite sewer systems. Records Complete and actively maintain a collection system map. Complete and maintain a Spill Response Action Plan In addition, the issues below must also be addressed: Compliance Issue(s): Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A ,NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. This includes inspecting pump stations 365 days a year. Complete a Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system. It is understood based on the age of the collection system and input from maintenance staff, that the system experiences significant inflow and infiltration (I&I) during rain events. An I&I investigation to identify defects in the system should be explored. Our office may be able to assist with resources for this project. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future.. The Division'of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken. to address the indicated violations and other identified issues, if applicable. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new a-DMR system for the completion and- electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.orci/web/wg/admin/bog/igu/edmr. r . ` If youxshould-have any questions, please do not hesitate to contact Timothy Heim with the Water Quality Regional Operations Section in the Asheville Regional. Office at 828-296-4500. Sincerely,. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations. Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc WQ 2sheville_Regionalw,OfFceEnforcerner t File , NPDES Compliance/Enforcement Unit - Enforcement File- PERCS Unit Randy Joseph, ORC G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection System\NOV-2016-PC-00068.docx Compliance Inspection Report Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner': Town of Hot Springs SOC: - Effective: Expiration: Facility: Hot Springs Collection System County: Madison Region: Asheville Contact Person: Randy A Joseph Title: Phone: 828-622-7591 Directions to Facility: System Classifications: CS1, PrimaryORC: Randy A Joseph Certification: 26903 Phone: 828-622-7591. Secondary ORC(s): On -Site Representative(s): Related Permits: ' Inspection Date: 03/04/2016 Entry Time: 09:OOAM Exit Time: 12:OOPM Primary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Inspectot(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: Compliant Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting Reqmts Inspections Pump Station (See attachment summary) - Page: 1 Permit: WQCSDO086 Owner: Facility: Town of -Hot Springs Inspection Date: 03/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on March 4th, 2016. Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs were present during the inspection. Also present during the inspection were Sara Nichols, Madison County Planner and Mike Dowd, P.E. of McGill Associates. The following items were noted during the inspection and must be corrected in order to comply with 15A NCAC 02T: Complete and actively maintain a collection system map. Complete and maintain a Spill Response Action Plan Perform and document a general observation of the entire sewer system at least once per year. I Perform and document a visual inspection of all high priority lines (e.g. creek crossings) at least once every six months. Institute a Grease Control Program.' K r. Page: 2 Permit: WQCSDO086 Owner -Facility: Town of Hot Springs, Inspection Date: 03/04/2016 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ❑ 0 ❑ ❑ What educational tools are used? Currently there is no Public Education program for grease. Is Sewer Use Ordinance/Legal Authority available? ❑ M ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ M ❑ Is Grease -Trap Ordinance available? ❑ ❑ 0 ❑ 'Is Septic Tank Ordinance available (as applicable, i.e. annexation) ❑ ❑ 0 ❑ List enforcement actions by permittee, if any, in the last 12 months Restaurants are required to have grease traps and the traps are inspected monthly by town staff. Has an acceptable Capital Improvement Plan (CIP) been implemented? ❑ M ❑ ❑ Does CIP address short term needs and long term \"master plan\'concepts? ❑ 0 ❑ ❑ Does CIP cover three to five year period? ❑ 0 ❑ ❑ Does CIP include Goal Statement? ❑ ❑ ❑ Does CIP include description of project area? ❑ M ❑ ❑ Does CIP include description of existing facilities? ❑0 ❑ ❑ Does CIP include known deficiencies? ❑ 0 ❑ ❑ Does CIP-include forecasted future needs? ❑ ❑ ❑ Is CIP designated only for wastewater collection and treatment? El ❑ ❑ Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments A Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system should be considered. Is system free of known points of bypass? ❑ ❑ ❑ If no, describe type of bypass and location Staff report no known points of bypass. Is a 24=hour notification sign posted at ALL pump stations? l ❑ ❑ ❑ # Does the sign include: Instructions for notification? M ❑ ❑ ❑ Pump station identifier? 0 ❑ ❑ ❑ 24-hour contact numbers 0 ❑ ❑ ❑ If no, list deficient pump stations All pump stations have been recently upgraded and appeared in good working order. Consider upgrading the Red Bridge Pump Station to duplex operation. # Do ALL pump stations have an "auto polling" feature/SCADA? ❑ 0 ❑ ❑. Number of pump stations 4 Number of pump stations that have SCADA 0 Page: 3 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 03/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements o # Does the permittee have a root control program? ❑ 0 ❑ ❑ # If yes, date implemented? Describe: All pump stations have audio and visual alarms and are checked twice daily. Comment: Pump stations have telemetry potential, but equipment not installed. Inspections Yes No NA NE Are maintenance records for sewer lines available? ❑ ❑ ❑ Are records available that document pump station inspections? 0 ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ 0 ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? N ❑ ❑ ❑ Are records available that document citizen complaints? ❑ E ❑ ❑' # Do you have a system to conduct an annual observation of entire system? ❑ ❑ ❑ # Has there been an observation of remote areas in the last year? ❑ El❑ Are records available that document inspections of high -priority lines? ❑ N ❑ ❑ Has there been visual inspections -of high -priority lines in last six months? ❑ E ❑ ❑ Comment: Document inspections of high priority lines and an annual observation of the entire system. Document when line cleaning and/or. repair is performed. Operation & Maintenance Requirements Yes No NA NE Are all log books available? N ❑ ❑ ❑ Does supervisor review all log books on a regular basis? ❑ ❑ El Does the supervisor have plans to address documented short-term problem afeas? ' N ❑ ❑ ❑ What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? Short term problems are addressesd as they occur. Are maintenance records for equipment available? 0 ❑ ❑ ❑ Is a schedule maintained for testing emergency/standby equipment? 0 ❑ ❑ ❑ What is the schedule for testing emergency/standby equipment? Monthly Do pump station logs include: Inside and outside cleaning and debris removal? N ❑ ❑ ❑ Inspecting and exercising all valves? N ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? N ❑ ❑ ❑ Inspecting alarms, telemetry and auxiliary equipment? 0 ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? 0 ❑ ❑ ❑ Are maintenance records for right-of-ways available? ❑ ❑ N ❑ Are right-of-ways currently accessible in the event of an emergency? ❑' ❑ ❑ Page: 4 Permit: WQCSD0086 Owner - Facility: Town of Hot Springs Inspection Date: 03/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Are system cleaning records available? = ❑ ❑ ❑ Has at least 100/6 of system been cleaned annually? ❑ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Lines are cleaned as necessary. Staff report no hard to access areas. Is a Spill Response Action Plan available? ❑ 0 ❑ ❑ Does the plan include: 24-hour contact numbers ❑ ❑ M ❑ Response time ❑ ❑ ❑ Equipment list and spare parts inventory ❑ ❑ 0 ❑ Access to cleaning equipment ❑ ❑ M ❑ ,Access to construction crews, contractors, and/or engineers ❑ ❑ 0 ❑ Source of emergency funds ❑ ❑ M ❑ Site sanitation and cleanup materials ❑ ❑ 0 ❑ Post-overflow/spill assessment ❑ ❑ M ❑ Is a Spill Response Action Plan available for all personnel? ❑ ❑ ❑ Is the spare parts inventory adequate? 0 ❑ ❑ ❑ Comment: Spare parts adequate as reported by staff. Records Yes No NA NE Are adequate records of all SSOs, spills and complaints available? ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ❑ ❑ Do spill records indicate repeated overflows (2 or more in 12 months) at same location? ❑ • ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ M ❑ Is a map of the system available? 0 ❑ ❑ ❑ Does the map include: Pipe sizes ❑ ❑ ❑ Pipe materials ❑ 0 ❑ ❑ Pipe location ❑ M ❑ ❑ Flow direction ❑ 0 ❑ ❑ Approximate pipe age ❑ 0 ❑ ❑ Number of service taps ❑ M ❑ ❑ Pump stations and capacity ❑ N ❑ ❑ If no, what percent is complete? 75? List any modifications and extensions that need to be added to the map The only available map is extremely outdated (created in 1950's) and replacing it should be a priority. # Does the permittee have a copy of their permit? M ❑ ❑ ❑ Comment: Review permit requirements for Deemed Collection Systems. Monitoring and_RepOrtinq Requirements Yes No NA NE Page: 5 Permit: WQCSD0086 Owner - Facility: Town of Hot Springs Inspection Date: 03/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine Are copies of required press releases and distribution lists available? - ❑ ❑ ❑ Are public notices and proof of publication available? M ❑ ❑ ❑ # Is an annual report being prepared in accordance with G.S. 143-215.1 C? 0 ❑ ❑ ❑ • - i # Is permittee compliant with all compliance schedules in the permits? i ❑ ❑ ❑ If no, which one(s)? Comment: Page: 6 PAT MCCRORY Water Resources ENVIRONMENTAL QUALITY March 9, 2016 Mr. Sidney Harrison Town of Hot Springs P.O. Box 218 Hot Springs, North Carolina 28743 0218 SUBJECT: Compliance Evaluation Inspection Town of Hot Springs Deemed Collection System Permit No: WQCSDO086 Madison County Dear Mr. Harrison: Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director On February 4, 2016, I conducted a Compliance Evaluation Inspection of the Deemed Wastewater Collection System that serves the Town of Hot Springs. Also present during the inspection were Sara Nichols, Madison County Planner and Mike Dowd, P.E. of McGill Associates. Based on records reviewed, on -site .visits to pump stations and components of the collection system, and interviews with town staff, the facility was found to be non -compliant with the Deemed Collection System requirements. The requirements for your sewerage collection system can be found in '15A NCAC 02T .0403, Permitting ByRegulation. These regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. I have included a copy of the regulations for your reference. A report is attached for -your records with findings summarized. The following items were noted during the inspection and must be corrected in order to comply with 15A NCAC 02T: Complete and actively maintain a collection system map. • Complete, and maintain a Spill Response Action Plan • Perform and document a general observation of the entire sewer system at least once per year. • Perform and document a visual inspection of all high priority lines (e.g. creek crossings) at least once every six months. • Institute a Grease Control Program is in place as follows: • (A) For publicly owned collection systems, the Grease Control Program shall include at least bi- annual distribution of educational materials for both commercial and residential users and. the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors 'at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite sewer systems. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70 Swannanoa, NC 28778 828 296 4500 • Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. • A Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system should be considered. In addition to the items described above, it is understood based on the age of the collection system and input from maintenance staff, that the system experiences significant inflow and infiltration (I&I) during rain events. An I&I investigation to identify defects in the system should be explored. Our office may be able to assist with^resources for this project. The assistance of Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett in conducting the inspection was greatly appreciated. If there are questions or additional information is needed regarding system operation, maintenance, or permit questions, please feel free to contact me at 828-296-4500. Please refer to the enclosed inspection report for additional observations and comments. Sincerely, Tim Heim, P.E. Environmental Engineer Enc. cc: Randy Joseph, ORC MSC 1617-Central Files -Basement Asheville Files G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection System\CEI letter 03-04-2016.doc Water Resources ENVIRONMENTAL QUALITY Pigeon River Fund Board 4 Vanderbilt Park Drive Ste. 300 Asheville, NC 28803 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director March 15, 2016 SUBJECT: ' Town of Hot Springs Wastewater System Improvement Project Madison County, NC i Dear Pigeon River Board Members: Thank you for your consideration of the application for the Town of Hot Springs Wastewater System Improvement Project. The Town of Hot Springs. has received multiple Notices of Violation (NOVs) in the past year related to aging wastewater collection infrastructure, including a pump station overflow in August 2015 and a non -compliant inspection in March 2016. (Inspection Report Attached). These NOVs represent leading indicators of larger problems that require funding support to address. While the items on the inspection list are significant, a great deal of progress can be made with even a modest amount, of funding assistance. Priority items include development of 'an accurate collection system map, Capital Improvement Plan, smoke testing to locate defects for repair, -and redundancy at all pump stations. The DEQ Division of Water Resources will continue to work with the Town of Hot Springs and Madison County Planner Sara Nichols to ensure that the natural resources .and outdoor recreation opportunities that are critical to theltown's economic well-being are protected and enhanced. Tim Heim, P.E. Environmental Engineer - Enc. cc: MSC 1617-Central Files -Basement Sara Nichols — Madison County Planner (electronic copy) Asheville Files G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection SysternTigeon River Board Grant Support Mar 15 2016.docx State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway, Swannanoa, North Carolina 28778 828/2964500 Certified Mail. # 7014 0510 0000 4466 9342 Return Receipt Requested March.09, 2016 Sidney Harrison, 'Mayor Town of Hot Springs PO Box 218 -Hot Springs, NC 28743-0218 SUBJECT: NOTICE OF VIOLATION Tracking Number: - NOV'2016-PC-0068 Permit No. WQCSp0086 Hot Springs Collection System. Madison County Dear Permittee:.. The North Carolina Division of Water Resources conducted an inspection of the Hot Springs Collection System on March 4, .2016. This inspection was conducted to verify that the collection system is operating in compliance with the conditions and limitations specified in -Collection System Permit No., WQCSD0086. A summary of the findings and comments noted. during the inspection are provided in the enclosed copy of the inspection report. The Collection. System Non -sampling inspection was conducted by Division of Water Resources Environmental, Engineer Tim Heim from the Asheville Regional Office. Also present. during the inspection were Sara -Nichols, Madison County Planner, Mike Dowd,'P.E. of McGill Associates, and Larry Ricker,; Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs.. Based on records reviewed, on -site visits -to pump stations and - components of the collection system, and interviews with town staff, the'facility was found to be non -compliant with the Deemed Collection System requirements. The following violations) were noted during the inspection: State of North Carolina I Environmental Quality I Water Resources ; 2090 U.S. 70 Highway,'Swannanoa, NC, 28778 828-296.4500 r Wi+ ection Area Inspections: ) -Description of Violation Document inspections of high priority lines and an annual observation. of the entire system. Document when line cleaning and/or repair is performed. Performance Standards Institute a Grease Control Program is in place as follows: (A).For publicly owned collection systems, the Grease Control Program shall include at least bi-annual distribution of educational materials for both.commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors'at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public - and,private satellite sewer systems. Records Complete and actively maintain a collection system map. Complete and maintain a Spill Response Action Plan In addition; the issues below must also be addressed: Compliance Issue(s): Continue to operate and maintain the collection system. in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. This includes inspecting pump stations .365 days a year. Complete a Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system. It is understood based on the age of the collection system and input from maintenance staff, that the system experiences significant inflow and infiltration (I&I) during rain events. An .I&I investigation to identify defects in the system should be explored. Our office may be able to assist with resources for this project. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future.. The Divisionof Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this .Notice of Violation regarding your plans or measures to be taken. to address the indicated violations and other identified issues, if applicable. Additionally and if you have not.already done so, you may wish to consider registering to use the Division's new a-DMR system for the completion and, electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://portal.ncdenr.org/web/M/admin/bog/ipu/edmr. If you should have any questions, please do not hesitate to contact Timothy Heim with the Water Quality Regional Operations Section in. the Asheville Regional Office at 828-.296-4500. Sincerely,., G. Landon Davidson, P.G, Regional Supervisor Water Quality Regional Operations.'Section Asheville Regional ' egionaOffice Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NP ' DES Cbmpliance/Enfbrcement Unit - Enforcement File- PERCS Unit - Randy Joseph, ORC G:\WR\WQ\Madison\Collect!on Systerns\Hot Springs Collection System\NOV-2016-K-00068,dob< r Iy Compliance Inspection Report Permit: WQCSDO086 Effective: 03/01/00 Expiration: owner: Town of Hot Springs SOC: Effective: Expiration: Facility: -Hot Springs Collection System County: Madison e Region: Asheville , f i Contact Person: .Randy A Joseph Title: Phone: 828-622-7591 Directions to Facility: System Classifications: CS1, PrimaryORC: Randy A Joseph Certification: 26903 Phone: 828-622-7591 Secondary ORC(s): On -Site Representative(s): Related Permits: N Inspection Date: 03/04/2016 Entry Time: 09:OOAM Exit Time: 12:OOPM Primary Inspector: Timothy H Heim Phone: 828-296-4665 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: Q Compliant Not Compliant Question Areas: Miscellaneous Questions -Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting Reqmts Inspections Pump Station (See attachment summary) C. Page: 1 Permit: WQCSDO086 Owner • Facility: Town of Hot Springs -- Inspection Date:. 03/04/2016 Inspection Typo: Collection System Inspect Non Sampling Reason for visit: Routine ' Inspection Summary: Tim Heim of the Asheville Regional Office' performed a Compliance Evaluation Inspection on March 4th, 2016. Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs were present during the inspection. Also present during the inspection were Sara Nichols, Madison County Planner and Mike -Dowd.,. P.E. of McGill Associates. q= The following items were noted during the inspection and must be corrected in order to.comply with 15A NCAC 02T: y= Complete and actively maintain a collection'system map. - Complete and maintain a Spill Response Action Plan Perform and document a.general observation of the entire sewer system at least once per year. Perform and document a visual inspection of all high priority lines (e.g,. creek crossings) at least once every six months. Institute a Grease Control Program.' i Page: 2 Permit: WQCSDO086 Owner • Facility: Town of Hot Springs Inspection Date: 03/04/2016 ' Inspection Type : Collection System Inspect Non Sampling Reason for Visit- Routine Performance Standards Yes No NA NE Is Public Education Program for grease established and documented? ❑ ❑ ❑ What educational tools are used? Currently there is no Public Education program for grease. Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ M ❑ Is Grease Trap Ordinance available? — ❑ ❑ ❑ 'is Septic.Tank Ordinance. available (as applicable, i.e. annexation) ❑ ❑ M ❑ List enforcement actions by pennittee, if any, in the last 12 months Restaurants are.required to have grease traps and the traps are inspected monthly by town staff. Has an acceptable Capital Improvement Plan (CIP) been implemented? ❑ ❑- ❑ Does CIP address short term needs and long term \"master plan\' concepts? ❑ ❑ ❑ Does CIP cover three to five year period? ❑ ❑ ❑ Does CIP include Goal Statement? ❑ 0 ❑ ❑ Does CIP'include description of project area? ❑ 0 ❑ ❑ Does CIP include description of existing facilities? ❑ .� ❑ ❑ Does CIP include known deficiencies? ❑ 0 .❑ ❑ Does CIP include forecasted future needs? ❑'M ❑ . ❑ i Is CIP designated only for wastewater collection and treatment? ❑ 0 ❑ ❑ Approximate capifal improvement budget for collection system? r Total annual revenue for wastewater collection and treatment? CIP Comments A Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system should be considered. Is system free of known points of bypass? M ❑ ❑ ❑ If no, describe type of bypass and location Staff report no known points of bypass. Is a 24=hour notification sign posted at ALL pump stations? M ❑ ❑ ❑ # Does the sign include: Instructions for notification? M ❑ ❑ ❑ Pump station identifier? M ❑ ❑ ❑ 24=hour contact numbers 0 ❑ ❑ ❑ If no, Jist deficient pump stations All pump stations have been recently upgraded and appeared in good working order. Consider upgrading the Red Bridge Pump Station to duplex operation. # Do ALL pump stations have an "auto polling" feature/SCADA? ❑ ❑ ❑, Number of pump stations 4 Number of pump stations that have SCADA 0 Page: 3 N Permit: WQCSDO086 Owner -Facility: Town of Hot Springs 'Inspection Data: 03/04/2016 Inspection Type: Collection System Inspect Non Sampling Reason for Vislt: Routine Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 4 Number of -pump stations that do not meet permit requirements 0 # Does the-permittee have a root control program? [] N ❑ ❑ # If yes, date implemented? Describe: All pump stations have audio and visual alarms and are checked twice daily. Comment: Pump stations have -telemetry potential, but equipment not installed. Inspections Are maintenance records for sewer lines available? Are records available that document pump station inspections? Are SCADA or telemetry equipped pump stations inspected at least once a week? Are non-SCADA/telemetryequipped pump stations•inspected everyday? Are records available that'document citizen complaints? . # Do you,have a system to conduct an annual observation of entire system? # Has there been an observatior of remote areas in the last year? Are records available that document inspections of high -priority lines? _ Has there been visual inspections -of high -priority lines in last six months? Comment:. DocUment'inspections of high priority lines and an annual observation of the entire system. Document when line cleaning and/or repair is performed. Operation & Maintenance Requirements Are all log books available? Does supervisor review all log books on a regular basis? Does the supervisor have plans to address documented short-term problem areas? What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? Short term problems are addressesd as they occur. Are maintenance records for equipment available? _Is a schedule maintained for testing emergency/standby equipment? What is the schedule for testing emergency/standby.equipment? Do pump station logs include: Inside and outside cleaning and debris removal? Inspecting and exercising all valves? Inspecting. and lubricating pumps and other equipment? ' Inspecting alarms, telemetry and auxiliary equipment? Is there at least one spare pump for each pump station w/o pump reliability? Are maintenance records for right-of-ways available? Are right-of-ways currently accessible in the event of an emergency? Yes No NA NE ❑■❑❑ ❑ ❑El ❑ ❑ ❑ ❑ ❑ ❑ ❑■❑❑ ❑ N ❑ ❑ ❑.❑N❑ •1 ❑ ❑ ❑ ❑■❑❑ Yea No NA NE ❑ ❑ ❑ ❑❑❑. ■❑❑❑ ❑ ❑ ❑ Monthly ■❑❑❑, ❑ ❑ ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ 11110 ❑❑■❑ ❑' ❑ ❑ Page: 4 Perrnit: WQCSDO086 Owner- Facility: Town of Hot Springs ' Inspection Date: 03/04/2016 Inspection Type: Collection System Inspect Non Sampling Reason for M t Routine Are system cleaning records available? ❑ 0 ❑ ❑ Has at least 10% of system been cleaned annually? ❑ ❑ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? Lines are cleaned as necessary. Staff report no hard to access areas. Is a Spill Response Action Plan available? ❑ M ❑ ❑ Does the plan include: 24-hour.contact numbers 0 ❑ M ❑ Response time ❑ ❑ ❑ ' Equipment list and spare parts inventory ❑ ❑ 0 ❑ Access to cleaning equipment ❑ ❑ 0 ❑ ,Access to construction crews, contractors, and/or engineers ❑ ❑ ❑ , Source of emergency funds r ❑ ❑ M ❑ Site sanitation and cleanup materials ❑ ❑ 0 ❑ Post-overflow/spill assessment ❑ ❑ M ❑ Is a Spill Response Action Plan available for all personnel? ❑ M ❑ Y 0 Is the spare parts inventory adequate? 0 ❑ ❑ ❑ Comment:, 'Spare parts adequate as reported by staff. Records Yes No NA NE Are'adequate records of all SSOs, spills and complaints available? .. ❑ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ M IT ❑ Do spill records indicate repeated overflows (2 or more in 12 months) at same'tocation? ❑ ❑ ❑ If yes, is there a corrective action plan? ❑ ❑ M ❑ Is a map of the system available? ❑ ❑ ❑ Does the map include: Pipe sizes-. ❑ M ❑ ❑ . Pipe materials • ❑ ❑ ❑ Pipe location ❑ M ❑ ❑ Flow direction ❑ : ❑ ❑ Approximate pipe age ❑ M.El ❑ Number of service taps ❑ 0 ❑ ❑ Pump stations and capacity ❑ M ❑ ❑ If no, what percent is complete? 75? List any modifications and extensions that need to be added to the map The only available map is extremely outdated (created in 1950's) and replacing it should be a priority. # Does the permittee have a copy of their permit? . ❑ ❑ Comment: Review permit requirements for Deemed Collection Systems. Monitorina and Reporting Requirements Yes No NA NE Page: 5 Permit. WQC8D0086 Owner -Facility: Town of Hot Springs .Inspection Date: 03/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for visi4:' Routine + Are copies of required press releases and distribution lists available? - ❑ ❑ ❑ Are public notices and proof of publication available? 0 ❑ 0 ❑ H # Is an annual report being prepared in accordance with G.S. 143-215.1C? ❑ [] ❑ # Is permittee compliant with all compliance schedules in the -permits? 0 ❑ .❑ ❑ ' If no, which one(s)? • Comment: Page: 6 7 -cvxor3 -� LASS t �0'0 A4, b� G2ye co ii),v\4 vA P5/, or uz4 Ttloo(p �z 1cli. Cyr, Qjo ' ,own of not Springs - Sanitary Sewer Overflow (S.S.O.) Cleanup and Pumping Procedures As Adopted By: The Town of Hot Springs Department of Public Works Operations Division Memorandum FROM: Public Works Director TO: All Town ;Employees SUBJECT: Sanitary Sewer Overflow (S.S.O.) Response Procedures Sanitary Sewer Overflows endanger our environment and potentially the health any citizens, or employees that come into contact with an S.S.O. S. . can result in significant penalties from State and Federal environmental regulatory Unchecked S.S.O agencies as well. The procedures below were designed to protect our environment, citizens, and employees from an S.S.O. event. These procedures apply nn PPIY to all Town 2• - Upon discovery or a report of an S.S.O. notify the public works department immediately. If it is after working hours notify the public works employee and the Public Works Administrator immediately. If for some r on call works employee on call cannot be reached, notify the next public works employee call back -list. I cannot impress on you enough that this nee reason the public delay. The public works employee will respond without delay. to be done without o 3. Upon P arrival, the -public works employee will make an immediate assessment to determine if an S.S.O. event has taken place. If an event has taken lace progress, the employee will attempt to eliminate the source of the S.S.O. ' or is in any and all spillage that has taken place. The employee will also insure that the Public Works Administrator and anources and contair eliminate the blockage and contain he S.S.O. have been contacted.or as needed to 4• In the event that the Public Works De departments within the town or assistance from other tovv nt needs s the from n Mar be contacted and informed of the situation and the type of assistance needed Hager is to 5• Please review and familiarize yourself with he attached Sanita (S.S.O.) Procedures Manual and contact list. D' Sewer Overflow Will need assistance from other departments in Townevent we have a large S.S.O. w,; CONEDURES t • As soon as the employee arrives on site of the S.S.O. their first priority will be to contaii the spill as not to allow it to reach surface waters. If there is no danger of the S.S.O. reaching surface waters, contain the S.S.O. to as small an area as possible (See attached in to aid in estimating the amount of overflow). 2. The second priority shall be to tape off the S.S.O. area .to prevent any unauthorized person from entering the contaminated'area. This includes the banks of surface waters that S.S.O. has reached. 3. Containment shall be accomplished in any number of ways including but not limited the construction of; ditches, ponds, or dams. The sewage contained in these contaimten : areas shall be pumped back into the sewer system or transported to the WWTP by Pumper truckers. 4. Trash pumps capable of handling the flow of the sewer line are to be placed at the overflowing manhole and the sewage pumped into the next downstream manhole until the blockage in corrected. One employee shall remain-onsite until the pumps are no longer needed. L_0CKA,GE CORRECTION PROCEDURES 1 As soon as the S.S.O. has been contained and a bypass pumping system has been set up, attempt to eliminate the blockage by first checking for problems 'in the invert of the overflowing manhole. 2. Utilizing the Town of Marshall's equipment and outside contractors (if needed) eliminat the blockage (see attached contact list for contractors). Containment and bypass pumpir. g are to remain operational until the blockage is corrected. CLEANUP PROCEDURES ALL. S.S.O. 1 • Remove all paper, plastic or any other non -decomposing material from site. Material should be bagged in a container clearly marked biohazard and transported to the WWTp ON API4AI T OR CONCRETE Set up containment at or near the storm drainage drainage system. system; do not let spill enter the storm . 2. Put up warning tape around the S.S.O. area. 3 . Spread lime on spillage and sand (or equivalent material) to the depth of 1 inch. Let this stand for one hour -and sweep up. If moisture or grease is still present, repeat procedure. 4. After removing the contaminated material, wash down the area will high pressure water and Chlorox. Pump this back into the sewer system. Transport wet sand to drying beds at the Waste Water Treatment Plant. 5. If this spill goes into the storm drainage system, refer to creek procedure. IN CREEK OR STREAM[ l If possible a dam needs to be constructed near a manhole or at a location which is accessible to the Jet/vacuum truck. Build the dam using dirt that in capable of handling creek and hydrant water without dam failure. Station two pumps at the dam that are capable of handling creek flow. Use one pump as a backup. Have backhoe at site with extra material at all times during pumping operations. There will be two workers at the Pump site at all times during pumping operations. Pump effluent from the dam into the manhole. Put up warning tape from the S.S.O. site to the pump site on both sides of the creek in Populated areas. In unpopulated areas restrict access where there is any chance of humans coming in contact with the S.S.O. s. Flush the stream with water fi•om a sufficient number of hydrants to remove waste product from the creek. Have Wastewater Treatment Operator pull samples. Continue 1 D Pump and flush stream until all fecal coliform tests comeback 500 colonies/ml or less. Pull samples every 24 hours until this reading is obtained. Pull samples 100 feet above the S.S.O. site, at the site, and at 400 feet intervals reaching the pumping site. 4. If Rip Rap is in creek, wash down with high pressure water until there is no waste residue remaining on, or within the Rip Rap structure. 5. If sludge is in creek, broom creek bottom and sides until there is no waste re remaining. sidue 6. If creek flows into bodies of water used for recreation and/or drinking, notify th county and local officials as soon as the problem is discovered. If this happens, refer to 1 Pond and Lake Procedure. IN POND OR LAKE 1 Put up warning tape, black on red, on the shoreline at the containment area. 2. In a pond, have WWTP operator collect fecal coliform samples and Dissolved Oxygen (D.O.) readings around the entire circumference. Set up pumping operations below the dam. In accordance with Federal Law and U.S. Department of Agriculture policy, this institution Is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all programs). To file a complain of discrimination, write to; USDA, Assistant Secretary for Civil Rights Office of theAssistant Secretary for Civil Rights 1400 Independence Avenue, S,W„ Stop 9410 Washington, DC 20250-9410 Or call toll free at (866)632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish --- Federal Relay) USDA is an equal opportunit. provider and employer. Mayor: Troy Sidney Harrison Clerk: Nancy Thomas March 31, 2016 To; Keith Webb From: Town of Hot Springs RE: Collection System Permit. Mr. Webb, Town of Hot Springs P.O. Box 218 Hot Springs, NC 28743 Phone: (828)622-7591 Fax: (828) 622-7408 Alderman Jeanne Gentry Vaughn Barnett Jimmy Moore Our Main Sewer Plant is at 80,000 gallons per day. No permit is issued unless gallons equal or exceed 200,000 per day as we were informed by Linda at the Department of Water Quality, Swannanoa Office. Randy Joseph will get information to all water customers on the disposal of grease. Randy will also update our Emergency Response Plan, S.S.O. Telephone Contact Num State of North Carolina Asheville Regional Office, Division of Water Quality (828) 296-4500 State of North Carolina Division of Emergency Management, (for after -hour spills that reach a waterway) (800) 858-0638 Madison County Emergency Management 911 Madison County Health Department (828) 649-3531 Water/Sewer System Operator Collection System ORC (828) 335-7724 Randy Joseph Maintenance Supervisor Larry Ricker (828) 206-3218 Mayor - Sidney Harrison Home (828) 622-3300 Cell (828) 206-3300 Alderman - Jeanne Gentry (828) 776-0492 Alderman - Vaughn Barnett (828) 206-7358 Alderman - Jimmy Moore (828) 206-3034 Madison County Sheriff's Department (828) 649-2721 Hot Springs Police Department Office (828) 622-7591 David Shelton, Police Chief Cell (828) 206-3215 Maintenance Employee Contact List Larry Ricker (828) 206-3218 Greg Hicks (828) 206-4674 3. In a large lake, have WWTP operator collect fecal coliform samples 2 feet off the bottont. D.O. readings are to be done 1 foot under the surface. Take equal sampling amounts around the circumference of the structure. 4. When the first sampling results come in, contact the North Carolina Department of Water Quality for appropriate action if the fecal coliform counts are greater than 8,000 colonies/mi. 5. Continue pumping until 500 colonies/MI or less are obtained in the structure. Keep monitoring fecal coliform counts until the North -Carolina Department of Water Quality or the Madison County Public Health Department says that monitoring is no longer required. O>lJ-- T--- I . Put up warning tape, "Danger Do No Enter," around the S.S.O. site. In open area, lime (powder) heavily and till. Repeat procedure. Seed and then put down straw. 3. In an area where there is undergrowth or small trees, wash area with large amounts of water. Push towards the containment area and pump site. Do this until no waste remain Wait for 12 to 24 hours then lime the area heavily. Do not lime when the weather forecast is predicting rainfall. IN CITTZEN'S WARD Till the area whenever possible. Apply lime, seed, and straw. 2. If not able to till, apply lime and two inches of topsoil and mix thoroughly. Lime again lightly, then seed, and cover with straw. 30. b) If, after the expiration of 72 hours, such has not remedied the failure. Person the Engineer -Manager shall report the facts to the Town Council, in writing. c) The Town Council may thereupon, without f notice urther cause the water service from the public water system to be discontinued for such person or cause the connection to the sanitary sewer system to severed for such person. be d) In any case where water service is discontinued or C.{ 31. Sec. 14,03 In any case involving a person who fails to comply With any of these Regulations but who is not di�r cha . p y Into the sanitary sewerage system,the Enginging waste eer-Manager shall give notice. to such person by registered mail stating the s Of the failure of compliance and requiring that the specifics Person promptly remedy the failure. At the same time, the Engineer - Manager shall report the facts of such case, in writing, to t Town Council and agency to such other government a y he 9 y a s may have jurisdiction and power to take appropriate enforcement actin n. Section 15. SEVERABILITY Sec. 15.01 If any section, clause, provision, or portion of Resolution shall be held to be invalid or unconstitutionalthis by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this resolution Section 16. EFFECTIVE DATE Sec. 16.01 This Resolution and these Regulations g ons shall become effective on Sec. 16.02 ADOPTED THIS F PAT MCCRORY 7:.y. Water Resources ENVIRONMENTAL QUALITY o Governor IL DONALD R. VAN DER VAART - - -- Secretary S. JAY ZIMMERMAN Director Pigeon River Fund Board 4 Vanderbilt Park Drive Ste. 300 Asheville, NC 28803 March 15, 2016 SUBJECT: Town of Hot Springs Wastewater System Improvement Project Madison County, NC Dear Pigeon River Board Members: Thank you for your consideration of the application for the Town of Hot Springs Wastewater System Improvement Project. The Town of Hot Springs has received multiple Notices of Violation (NOVs) in the past.year related to aging wastewater collection infrastructure, including a pump station overflow in August 2015 and a non -compliant inspection in March 2016. (Inspection Report Attached). These NOVs represent leading indicators of larger problems that require funding support to address. While the items on the inspection list are significant, a great deal of progress can be made with even a modest amount of funding assistance. Priority items include .development of an accurate collection system map, Capital Improvement Plan, smoke testing to locate defects for repair, and redundancy at all.pump stations. The DEQ Division of Water Resources will continue to work with the Town' of Hot Springs and Madison County Planner Sara Nichols to ensure that the natural resources and outdoor recreation opportunities that are critical to the town's economic well-being are protected and enhanced. Tim Heim, P.E. Environmental Engineer Enc. cc: MSC 1617-Central Files -Basement Sara Nichols — Madison County Planner (electronic copy) Asheville -Files G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection System\Pigeon River Board Grant Support Mar 15 2016.docx State of North Carolina I Environmental Quality I Water Resources Asheville Regional Operations Center 2090 US 70 Highway, Swannanoa, North Carolina 28778 828/296-4500 Certified Mail # 7014 0510 0000 44669342 Return Receipt Requested March 09, 2016 Sidney Harrison, -Mayor Town of Hot Springs PO Box 218, -Hot Springs, NC 28743-0218 fi suBjEcr: NOTICE OF VIOLATION Tracking Number: - NOV'2016-PC-0068 Permit No. WQCS00086 Hot Springs Collection System Madison County Dear Permitteb: The North Carolina Division of Water Resources conducted an inspection of the Hot Springs Collection System on March .4,.2016. This inspection Was, conducted to verify that the collection system is operating in. compliance With the conditions and limitations specified in Collection System Permit No. WQCSD0086. A _ summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Collediorf.'System Non -sampling" inspection was conducted by Division of Water Resourices'Environmental Engineer Tim Heim from the Asheville Regional Office. Also present durin'g the inspection were Sara Nichol5j Madison County Planner, Mike Dowd,'P. E. of McGill Associates, and Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs. Based on records reviewed, on -site visits -to pump stations and components ofthe collection -system, and interviews with town staff, the facility was found to be nbn-compliaht with the Deemed Collection System requirements. The'following violation(s) were noted during the inspection: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 7.0 -Highway;Swannanoa, NC 28778 828-296-4506 Inspection Area -Description of Violation Inspections. Document inspections of high priority lines and an annual observation. of the entire Document when line cleaning and/or repair is performed. Performance Standards Institute a Grease Control Program is in place as follows: (A) -For publicly owned collection systems, the Grease Control Program -shall include at least bi-annual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit, if necessary, of grease interceptors'at existing establishments. The plan shall also include legal means for inspections of the grease -interceptors, enforcement for violators and the legal means to control grease entering the system from other public - and private satellite sewer systems. Records Complete and actively maintain a collection system map. Complete and maintain a Spill Response Action Plan . In addition, the issues below must also be addressed: Compliance Issue(s): Continue to operate and maintain the collection system in compliance with the requirements outlined in 15A NCAC 02T .0403 (Attached) for Deemed Wastewater Collection Systems. This includes inspecting pump stations _365 days a year. Complete a Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system. It is understood based on the age of the collection system and input from maintenance staff, that the system experiences significant inflow and infiltration (I&I) during'rain events. An.I&I investigation to identify -defects in the system should be explored. Our office may be able to assist with resources for this project. Remedial actions should have already been taken to correct this problem and prevent further occurrences in . the future.. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken_ to address the indicated violations and other identified issues, if applicable. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new a-DMR system for the completion and. electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit -the eDMR Website at the following address: http: //portal.ncdenr.orci/web/wq/admin/bog/ipu/edmr. If.you should have any questions, please do not hesitate to contact Timothy Heim with the Water Quality Regional Operations Section in, the Asheville -Regional Office at 8287296-4500. Sincerely,. G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations:Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: WQS Asheville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File PERCS Unit - Randy Joseph, ORC G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection System\N0V-2016-PC-00068.docx Compliande Inspection Retort Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner: Town of Hot Springs SOC: Effective: Expiration: Facility: :Hot Springs Collection System County: Madison Region: Asheville Contact Person: Randy A Joseph Title: Phone: 828-622-7591 Directions to Facility: System Classifications: CS1, Pilmary O'RC.: Randy A . Jos . eph Certification: 26903 Phone: 828-622-7591 Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 03/0412016 Entry Time: 09:OOAM Exit Time: 12:OOPM Primary.inspdctor: Timothy H Heim Phone: 828"296-4666 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Collection System Inspect Non Sampling Permit Inspection Type: -Deemed permitted collection system management and'operation Facility Status: 0 Compliant Not Compliant Question Areas: Miscellaneous Questions -Performance Standards Operation & Maint Reqmts Records Monitoring & Rpting Reqmts inspections Pump Station (See -attachment summary) Permit: WQCSD0066 Owner • Facility: Town of Hot Springs Inspection Date: 03104/2016 Inspection Typo: Collection System Inspect Non Sampling Reason for Visit: Routine Inspection Summary: Tim Heim of the Asheville Regional Office performed a Compliance Evaluation Inspection on March 4th, 2016. Larry Ricker, Greg Hicks, Randy Joseph and Alderman Vaughn Barnett of Hot Springs were present during the inspection. Also present during the inspection were Sara Nichols, Madison County Planner and Mike Dowd.,. P.E. of McGill Associates. The following items were noted during the inspection and must be corrected in order to.comply with 15A NCAC 02T: Complete and actively maintain a collection system map. Complete and maintain a Spill Response Action Plan Perform and document a general observation of the entire sewer system at least once per year. Perform and document a visual inspection of all high priority lines (e.g. creek crossings) at least once every six months. Institute a Grease Control Program.' Page: 2 Permit: WQCSDO086 Owner -Facility: Town of Hot Springs Inspection Date: 00/04/2016 Inspection Type : Collection System Inspect Non Sampling Reason for Visit: Routine H Performance Standards Yes No NA NE r Is Public Education Program for grease established and documented? ❑ 0 ❑ ❑ - What educational tools are used? t Currently there is no Public Education program for grease. 3: Is Sewer Use Ordinance/Legal Authority available? ❑ ❑ ❑ _ Does it appear that the Sewer Use Ordinance is enforced? ❑ ❑ ❑. Is Grease Trap Ordinance available? ❑ ❑ M ❑ 'Is Septic Tank Ordinance available (as applicable, i.e. annexation) ❑ ❑ 0 ❑ List enforcement actions by permittee, if any, in the last 12 months Restaurants are required to have grease traps and the traps are inspected monthly by town staff. Has an acceptable Capital Improvement Plan (CIP) been implemented? ❑ M ❑I ❑ Does CIP address short term needs and long term \"master plan\' concepts? ❑ ❑ ❑ Does CIP cover three to five year period? ❑ 0 ❑ ❑ Does CIP include Goal Statement? ❑ ❑ ❑ t Does CIP include description of project area? ❑ M' ❑ ❑ Does CIP include description of existing facilities? Does CIP include known deficiencies? 1 ❑ M ❑ ❑ ❑ .❑ [] Does CIP include forecasted future needs? ' ❑ '� ❑.❑ is Is CIP designated only for wastewater collection and treatment? • ❑ 0 ❑ ❑ t Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments A Capital Improvements Plan (CIP) to identify and prioritize upgrades to the collection system should be considered. Is system free of known points of bypass? ❑ ❑ ❑ -If no, describe type of bypass and location ' Staff report no known points of bypass. Is a 24=hour notification sign posted at ALL pump stations? M ❑ ❑ ❑ # Does the sign include: Instructions for notification? M ❑ ❑ ❑ Pump station identifier?0 ❑ ❑ [] -- 24-hour contact numbers '❑ ❑ Q i If no, list- deficient pump 'stations All pump stations have been recently upgraded and appeared in good working order. Consider upgrading the Red Bridge Pump Station to duplex operation.' # Do ALL pump stations have an "auto polling" feature/SCADA? ❑ 0 ❑ ❑. - Number of pump stations 4 Number of pump stations that have SCADA 0 Page: 3 Permit: WQCSDO086 Owner -Facility: Town of Hot Springs Inspection Date: 03/0412016 Inspection Type: Collection System Inspect Non Sampling Reason for Visit: Routine Number of pump stations that have simple telemetry Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements 0 # Does the-permittee have a root control program? ❑ ❑ ❑ # If yes, date implemented? Describe: All pump stations have audio and visual alarms and are checked twice daily. Comment: Pump stations have telemetry potential, but a ui ment not installed. Inspections Yes No NA NE Are maintenance records for sewer lines available? ❑ 0 ❑ ❑ Are records available that document pump station inspections? M ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ M ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? 0 ❑ ❑ ❑ Are records available that document citizen complaints? ❑ 0 ❑ ❑ # Do you have a system to conduct an annual observation of entire system? ❑ 0 ❑ ❑ # Has there been an observation of remote. areas in the last year? ❑ ❑ 0 ❑ Are records available that document inspections of high -priority lines? ❑0 ❑ ❑ Has there been visual inspections -of high -priority lines in last six months? ❑ M ❑ ❑ Comment:. Document inspections of high priority lines and an annual observation of the entire system. Document when line cleaning and/or repair is performed. Operation $ Maintenance Requirements Yes No NA NE Are all log books available? ❑ ❑ ❑ Does supervisor review all log books on a regular basis? M ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑ What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? Short term problems are addressesd as they occur. Are maintenance records for equipment available? M- ❑ ❑ ❑ Is a schedule maintained for testing. emergency/standby equipment? M ❑ ❑ ❑ What is the schedule for testing emergency/standby.equipment? Monthly Do pump station logs include: Inside and outside -cleaning and debris removal? M ❑ ❑ ❑ ' Inspecting and exercising all valves? ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? 0 ❑ ❑ ❑ Inspecting alarms, telemetry and auxiliary equipment? 0 ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? M ❑ ❑ ❑ Are maintenance records for right-of-ways available? ❑ ❑ 0 ❑ Are right-of-ways. currently accessible in the event of an emergency? 0 D ❑ ❑ Page: 4 Permit: WQCSD0086 Owner- Facllity: Town of Hot Springs Inapection Date: 03/04/2016 Inspection Type.: Collection System Inspect Non Sampling Reason for Visit: Routine Are system cleaning records available? ❑ , ❑: ❑ Has at least 10% of system been cleaned annually? ❑ ❑ ❑ El . .What areas are scheduled for cleaning in the next 12 months? Lines are cleaned as necessary. Staff'report no hard to access areas. Is a Spill Response Action Plan available? El❑ El r Does the plan include: - -_ 24-hour contact numbers ❑ ❑ M ❑ Response time f ❑ ❑ 0 ❑ — Equipment list and spare parts inventory ❑ ❑ ❑ Access to cleaning equipment ❑ ❑ 0 ❑ Access to construction crews, contractors, and/or engineers ❑. ❑ 0 ❑ Source of emergency funds ❑ ❑ 0 El Site sanitation and cleanup materials ❑ ❑ ❑ Post-oveii6w/spill assessment ❑ ❑,M ❑ Is a Spill Response.Action Plan available for all personnel? ❑ 0 ❑ ❑ Is the spare parts inventory adequate? A ❑ ❑ ❑ Comment: Spare parts adequate as reported by staff. i I Records Yes No.NA NE I I Are'adequate records of all SSOs, spills and complaints available? .. 1111 ❑ Are records of SSOs that are under the reportable threshold available? ❑ 00 ❑ 'Do spill records indicate repeated overflows (2 or,more in 12 months) at same -location? ❑ • ❑ ❑ t If yes, is there a corrective action plan? ❑ ❑0 ❑ Is a map of the system available? W ❑ ❑ ❑ Does. the map include: Pipe sizes ❑ ❑ ❑ Pipe materials . ❑ 0 ❑ ❑ i Pipe location ❑0111 ❑ r Flow direction [I'M ❑. ❑ Approximate pipe age ❑- 0 . ❑ ❑ Number of service taps ❑ 0 ❑ ❑ ' Pump stations and capacity 4 ❑ M. ❑ ❑ e If no, what percent is complete? 757 i List any modifications and extensions that need to be added to the map The only available map is extremely outdated (created in 1950's) and replacing it should be a priority. # Does the permittee have a copy oftheir permit? . ❑ El -- Comment: Review permit requirements for Deemed Collection'Systems. Monitoring and Reporting Requirements Yes No NA NE - Page: 5 i permit: WQCSD0086 Owner -Facility: Town of Hot Springs .Inspection Date: 03/04/2016 Inspection type ; Collection System Inspect Nan Sampling Reason for Visit:' Routine + Are copies of required press releases and distribution lists available? �' ❑ ❑ ❑ Are public notices and proof of publication available? M 0 ❑ ❑ N. # Is an annual report being prepared in accordance with G.S.143-215.1C?0 ❑ 1111 _ # Is permittee compliant with all compliance schedules in the permits? 0 ❑ ❑ ❑ If no; which one(s)? Comment: Page: 6 = I PAT MCCRORY / Governor DONALD R. VAN DER VAART Secretary �. S. JAY ZIMMERMAN WaterResources ._ ENVIRONMENTAL QUALITY Director December 15, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED - 7014 0510 0000 4466 8246 Brian Reese, Mayor Town of Hot Springs PO Box 218 Hot Springs, NC 287430218 Subject: NOTICE OF VIOLATION/NOTICE OF INTENT TO ENFORCE NOV-2015-DV-0266 Permit No. WQCSDO086 - Town of Hot Springs Hot Springs Collection System Madison County Dear Mr..Reese: A review has been conducted of Hot Springs Collection System's self reported Sanitary Sewer Overflows (SSO's). 5-Day Report/s submitted by the Town of Hot Springs. This review has shown the subject facility to be - urviolation-ofthe-requirements` found in Collection-System`PernitWQCSD0086-and/or-G.-S.--143 2-15-1(a)(1):— The violation/s that occurred' are summarized below: Area Violation Description Violation Date Type SSO (Sewer Overflow) 10/25/2015 Sanitary Sewer Overflow Discharge Red Bridge Pump Station 800 Gallons (French Broad Without Valid DWQ. Incident # 201501466 River) Permit Remedial actionsshould betaken to correct this problem: The Division of Water Resources is considering pursuing enforcement action for this violation. Water Quality Regional Operations —Asheville Regional Office '2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500 FAX: 828-299-7043 Internet http://portal.nodenrorg/web/wq ' An Equal Opportunity 1 Affirmative Actioh Employer' Brian Reese, Mayor •\ F December 15, 2015 Page 2 of 2 • c You should address the causes of noncompliance and all actions, taken to prevent the recurrence of similar- _ situations and respond in writing to this office within 10 days of receipt of this letter. If you should have any questions, please do not hesitate to contact Asheville Regional Staff, or Tim Heim at 828-296-4500.. _ 5 h Sincerely, G. Landon Davidson, P.G., Regional Superviso , Water Quality Regional Operations Asheville Regional Office cc: MSC1617-Central Files -Basement G:\WR\WQ\Madison\Collection Systems\Hot Springs Collection System\SSO NOV NOI 2015-DV-0266.docx In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, familial status, sexual orientation, and reprisal. (Not all prohibited bases apply to all programs). To fide a complain of discrimination, write to: USDA, Assistant Secretary for Civil Rights Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S.W., Stop 9410 Washington, DC 20250-9410 Or call toll free at (866)632-9992 (English) or (800)877-8339 (TDD) or (866)377-8642 (English Federal -relay) or (800)845-6136 (Spanish Federal Relay). USDA is an equal opportunity provider and employer. Mayor: Troy Sidney Harrison Clerk: Nancy Thomas January 4, 2016 Tim Hein Water Quality 29 US HWY Swannanoa, NC 28778 Subject: Accidental Sanitary Dear Mr. Hein, Town of Hot Springs P.O. Bog 218 Hot Springs, NC 28743 Phone: (828)622-7591 Fax: (828) 622-7408 Alderman Jeanne Gentry Vaughn Barnett Jimmy Moore REvEIVED Division of Water Resources JAN — 5 2016 Water Ouality Regional Operations Asheville Regional Office The sewer overflow was caused by a motor failure at the Red Bridge Pump Station. The situation was caught early and repaired. Everything is okay now; everything is up and running smoothly. The Alderman are going to buy a new motor, so if it happens again, we will be able to change motors quicklyand_prevent any spillage. — `---- - — -- Sincerely," Sidney Hafr'son Mayor, Town of Hot Springs I 2012 System Performance Annual Report (Submitted as required by the NC General Assembly House Bill 1160 Clean Water Act of 1999.) Reporting Period: January 1, 2012 to December 30, 2012 RECEI. General Information IV ED � Name of regulated entity: Town of Hot Springs MAR a 4,z0i3 CENTRAL FILES Responsible person: Brian Reese, Mayor ®WC/8®G Mailing address: PO Box 218; Hot Springs, N.C. 28743 Town Hall location: -Phone number: WWTP located at: County: DWQ Regional Office: 186 Bridge Street; Hot Springs, NC 28743 828-622-7591 Town of Hot Springs - Town Hall Town Clerk - Nancy Thomas off River Drive, Hot Springs Madison Asheville RECEIVED MAR 1 1 2013 DWQ/Surface water Protection section Asheville Regional Office Listing of applicable permits: WQCS0086 Collection System; NCO025836 WWTP A. Description of collection system and wastewater treatment system or process: WQCS0086 Collection System consists of: 4-inch force main and 4-,6-, and 8-inch gravity sewer lines serving a population of 640. There are 4 pump stations with signs and emergency contact number. Three pump stations are duplex and one is simplex. Pump Stations (p/s): 1. Silver Mine Road PIS has two 2 HP Myers submersible grinder pumps. The pIs is located in the flood plain. The control panel is located 20 ft above ground level and is accessed by a ladder. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. 2. Red Bridge PIS, located on North Andrews Street, has a new (March 2011) simplex 7 HP Zoeller Pump Company submersible grinder pump with dual high water alarms. The pump is located in a new $6,000 steel structure. This pump is checked 7 days per week. 3. South Spring Street PIS has two 5 HP Myers submersible grinder pumps with dual high water alarms. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. There is a new $38,000 100 KW' Cummins. Onan diesel generator with auto transfer switch and 600 gallon fuel tank. OA Gregory Inc. / Gregory Oil is the fuel vendor. 4. Cat Hole P/S, located on North Spring Street, has two 2 HP Fisherpump submersible grinder pumps with dual high water alarms. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. Collection System mapping: Map of collection system by Butler & Associates - Gary McGill — in 1981. Map. of collection system by Land Of Sky Regional Council (most recent). Emergency Generators: There are three generators, which are tested every 2 months and serviced once a year. 1. New $38,000 100 KW Cummins Onan diesel generator with transfer switch permanently located at S. Spring Street pump station with 600 gallon fuel tank. 2. 15 KW Kubota diesel portable generator. 3. 60 KW Cummins Onan diesel portable generator. A to C: Authorization to Construct the WWTP was issued in 1986. B. NCO025836 Wastewater Treatment. Facilities (WWTP) consists of a class II facility rated at 0.80 MGD and is an EIMCO Process circular extended aeration package plant consisting of: manual bar rack; (communitor — out of service); aeration basin with dual 15 HP motors & blowers providing diffused air; 10 ft. diameter circular clarifier with surface skimmer and drive unit; (no aerobic digestor); 12.5% sodium, hypochlorite (Captor&) liquid feed drip chlorination; (no chlorine contact chamber); 30% calcium thiosulfate liquid feed drip feed chlorination; (chemical tanks are enclosed in a.covered storage area); v-notch weir; ISCO 3230 bubbler flow measuring & totalizing equipment; and ISCO 1580 (flow proportional) composite sampler. Flow data: Annual Average Flow: 0.05 MGD (3 year average - 2009-2012) Maximum Daily Flow: 0.1251VIGD (during the past 3 years) Demonstration of Future: DWQ letter sent in dune 2002, indicating flows were 81.16% of current treatment capacity (0.0649 MGD). WWTP Improvements in 2012. Two new motors were purchased for blowers #1 and #2. Sludge and Solids Management: Sludge :is wasted 2-3 times per year by commercial haulers and taken to MSD's WWTP. Sludge Wasting Bates: 10-26-12 Mike's Tank Service - 2500 gallons 12-21-12 Mikr's Septic Tank Service - 2500 gallons Solids Disposal: Bar screenings are dewatered, placed in Mastic buckets and carried to the Madison County landfill. II. System Performance Annual Summary: A Description of overall 12 month performance, noting highlights and deficiencies: January -December 2012: no peanit limit or monitoring frequency vioiadons occurred. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (NOVs and Civil Assessments): January - December 201.2. no other violations occurred. 2. Monitoring and Reporting Violations (NOVs and Civil Assessments) (illegal) bypass of treatment facilitir­,k January - December 2012 - no monitoring and reporting violations occurred, 3. Sanitary Sewer Overflows (SSOs)* (NOVs and Civil Assessments) *Mote estimated total monthly volumes and locations of events in which more than 1,000 gallons of ovriste reached surface waters. January December 2012 - no SSOs or violations occurred. C. Description of any known environmental impact of violations: January - December 2012 - none known D. Description of corrective measures token to address violations or deficiencies January. -- December 201.2 - no violations & none required. 3une 1.4,201.2 Notice ref Ili lotion for the following cited permit conditions Operation and Mcii(9nce: Cited: No indic:,ition of process control testa being conducted was oh-,rnved during the: inspection. ^esponnm: iocl hr,nred documented. process control settleability tests and field testing parameter results during the previous and following months. Copies of the operator log with these results -and other notations were mailed to DWQ ARO on 5-13-2010. 0 Aeration Basin: Cited: Several diffuser drop lines were observed during the inspection that were inoperable. Response: The 8 air diffuser drops, from the air header, in the aeration basin were repaired with 7 stainless steel bands/covers to prevent air leaks. The dissolved oxygen levels in the aeration basin after repairs indicated optimal levels. Sludge Disposal: Cited: Documentation as to proper wasting and disposal of residual sludge from the !VVI rM was not available during the inspection. Response: Wasting and .pumping by commercial hauler (Able Septic Tank Service was documented in the log book on 31.7-10 for 1500 gallons and on 10-29-10 for 1500 gallons. Copies of the work orders, billing receipts and log book were mailed the the DWQ ARO. Flow Proportional Composite Sampling: Cited: ' No documentation was provided- at the time of the inspection to indicate influent and effluent samples are collected proportional to flow at a minimum of 100 ml aliquot(s) during sampling. Response: The ISCO 3230 bubbler flow measuring and totalizing equipment was last calibrated on 4-27-2010 by I Thurman Horne, P.E. The ISCO 1580 composite sampler & connection to the flow meter were also tested. The sampler was verified to pull an aliquot of sample every 1000 gallons. Both ISCO's were working fine. Copies of the calibration record and engineer's report were mailed to D11 Q ARO. III. Notification A copy of the System Performance Anniml Report (SPAR) is available upon request from the Town Clerk located at the Town of Hot Springs' Town Hall. Ili. Certification A. Certified Operators in Responsible Charge: Certified ORC: Randy A. Joseph Cert. # 15506 WW -11 Cert. # 26903 CS - I Back-up ORC: Christopher M. Ladd Cert. # 10880 WW — Cert. # 13877 CS - Ill Cert. # 985834 PC - B. Statement by a responsible official certifying the report is accurate and complete: I, Brian Reese, certify that this report is accurate and complete, to the best of my knowledge. Signature of responsible official ind date of report: name dafe ,r 2012 System Performance Annual Deport (Submitted as required by the NC General Assembly House Bill 1160 Clean Water Act of 1999.) Reporting Period: I. General Information Name of regulated entity: Responsible contact: mailing address: phone numbers: fax: email: facility located at: county: DWQ Regional Office January 1, 2012 to Decemb€ MAR 1 1 2013 Town of Hot Springs - Hot Springs Housing Brian Reese, Mayor P.O. Box 218; Hot Springs, N.C. 28743 828-622-7591 Nancy Thomas, 828-622-7408 Paint Rock Road (NCSR 1304)L northwest of Hot Springs Madison Asheville • List of applicable permit(s): WQCSD0533 Collection System tection Section 1 Office EIVED MAR 112013 Asheville Regional Office NCO049620 Wastewater Treatment Facilities ® Description of collection system and wastewater treatment system or process: WQCSDO553 Collection System The development consists of 41 connections: 40 (1-3 bedroom) HUD apartments and 1 maintenance shop, serving a population of 85. There are - 2500 ft of 8-inch pvc gravity sewers with 8 manholes. There are no pump stations. There are - 2000 ft of 4-inch pvc service lines. NCO049620 Wastewater Treatment Facilities: 0.01 MGD septic tank - sand filter system consisting of: 5 precast 2000 gallon septic tanks operated in series; 24 ft x 17 ft dosing tank with dual 5-inch siphon bells and Bilco® aluminum double door floor vault access; 5 ft x 12 ft distribution box; surface sand filter; four flinch pvc drilled laterals; tablet chlorinator; 4 ft x 8 ft baffled chlorine contact chamber, Fund tablet dechlorinator. Annual Average Flow: 3,000 gpcl French Broad Co-op water useage records Sand Specifications: particle size 0.35-0.50 mm; uniform coefficiency < 3; dust content < 0.5% Sand Replacement: 2005 - total replacement in 2005 with FEMA funding, as a result of flooding; 2010'- top 12 inches replaced April 2010 and disposed of at TIDI Waste Systems. Sand Disposal: TIDI Waste Systems; 415 Ryder Lane; Morristown, TN 37813- 2882 Phone: (423) 581-5655 Sludge Management: Commercial hauler (Able Septic or Chris Carter) to MSD's WWTP. A to C: Authorization to Construct issued 5-20-1982; Edward D. Seagle, P.E. = Appalachian Engineering II. System Performance Annual Summary: A. Description of overall 12 month performance, noting highlights and deficiencies: January thru December 2011- in full compliance with permit conditions. B. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (Notice of Violations and Civil Assessments): January thru December 2011. - no violations or civil assessments 2. Monitoring and Reporting Violations (NOVs and Civil Assessments) (illegal) bypass of treatment facilities* January thru December 2012-- no violations or civil assessments or bypasses of treatment works, 3. Sanitary Sewer Overflows* (NOVs and Civil Assessments) *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. January thru December 2012- no overflows, violations or civil assessments C. Description of any known environmental impact of violations: January thru December 20.12- no violations D. Description of corrective measures taken to address violations or deficiencies January thru December 2017.- none required f Ill. Notification A copy of the System Performance Annual Report (SPAR) is_a-vailable upon request from the Town Clerk located at the Town of Hot Springs' Town Hall. IV. Certification A. Certified Operators in Responsible Charge: Certified ORC: Randy Joseph Cert. # 15506 WW - II Cert. # 26903 CS - I Back-up ORC: Christopher M. Ladd Cert. # 10880 WW - I Cert. # 13877 CS - III Cert. # 985834 PC - I B. Statement by a responsible official certifying the report is accurate and complete: 1, Brian Reese, certify that this report is accurate and complete, to the best of my knowledge. Signature of responsible official and date of report: name ki date 2011 System Performance Annual Report (Submitted as required by the NC General Assembly Reporting Period: I. General Information January 1, 2011 to Dece Name of regulated entity: Town of Hot Springs Responsible person: Mailing address Town Hall location -Phone number: Brian Reese, Mayor PO Box 218; Hot Springs, MAR - 5 2012 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 186 Bridge Street; Hot Springs, NC 28743 828-622-7591 Town of Hot Springs - Town Hall Town Clerk - Nancy Thomas WWTP located at: off River Drive, Hot Springs aD @ County: Madison MAR ®2 2012 DENilMATER QUALITY DWQ Regional Office: Asheville POINr SOUECl" � F.7 e5'0aC)0G Listing of applicable permits: .;_� Collection System; NCO025836 WWTP A. Description of collection system and wastewater treatment system or process: WQCS0086 Collection System consists of: 4-inch force main and 4-,6-, and 8-inch gravity sewer lines serving a population of 640. There are 4 pump stations with signs and emergency contact number. Three pump stations are duplex and one is simplex. Pump Stations (p/s): 1. Silver Mine Road P/S has two 2 HP Myers submersible grinder pumps. The p/s is located in the flood plain. The control panel is located 20 ft above ground level and is accessed by a ladder. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. 2. Red Bridge P/S, located on North Andrews Street, has a new (March 2011) simplex 7 HP Zoeller Pump Company submersible grinder pump with dual high water alarms. The pump is located in a new $6,000 steel structure. This pump is checked 7 days per week. 3. South Spring Street PIS has two 5 HP Myers submersible grinder pumps with dual . high water alarms. This p/s is about 2 years old and has telemetry with an 7 Sludge Wasting Dates: 3-23-11 Mike's Tank Service -1500 gallons 6-10-11 Mike's Septic Tank Service _ 2500 gallons 6-23-11 Mike's Septic Tank Service - 2500 gallons Solids Disposal: Bar screenings are dewatered, placed in plastic buckets and carried to the Madison County landfill. II. System Performance Annual Summary: A Description of overall 12 month performance, noting highlights and deficiencies: January -December 2011: no permit limit or monitoring frequency violations occurred, with the exception of June 14,2011. B. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (NOVs and Civil Assessments): January - December 2011- no other violations occurred, with the, exception of June 14; 2011. June 14, 2011- NOV-2011-DV-2011-0158 was issued from the DWQ ARO (see D. below). 2. Monitoring and Reporting Violations (NOVs and Civil Assessments) (illegal) bypass of treatment facilities* January - December 2011- no monitoring and reporting violations occurred, 3. Sanitary Sewer Overflows (SSOs)* (NOVs and Civil Assessments) *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. January - December 2011- no SSOs or violations occured, with the exception of June. 14,2011(See D. below). C. Description of any known environmental impact of violations: January - December 2011- none known D. Description of corrective measures taken to address violations or deficiencies January - December 2011- no violations & none required, with the exception of June 14, 2011. June 14 2011- Notice of Violation for the following cited permit conditions: r, autodialer that calls the Police Department. There is a new $38,000 100 KW 'r Cummins Onan diesel generator with auto transfer switch and 600 gallon fuel tank. OA Gregory Inc. / Gregory Oil is the fuel vendor. 4. Cat Hole P/S, located on North Spring Street, has two 2 HP Fisherpump submersible grinder pumps with dual high water alarms. This p/s is about 2 years, old and has telemetry with an autodialer that calls the Police Department. Collection System mapping: Map of collection system by Butler & Associates - Gary McGill — in 1981. Map of collection system by Land Of Sky Regional Council (most recent). Emergency Generators: There are three generators, which are tested every 2 months and serviced once a year. 1. New $38,000 100 KW Cummins Onan diesel generator with transfer switch permanently located at S. Spring Street pump station with 600 gallon fuel tank. 2. 15 KW Kubota diesel portable generator. 3. 60 KW Cummins Onan diesel portable generator. A. to C: Authorization to Construct the WWTP was issued in 1986. B. NCO025836 Wastewater Treatment Facilities (WWTP) consists of a class II facility rated at 0.80 MGD and is an EIMCO Process circular extended aeration package plant consisting of: manual bar rack; (communitor — out of service); aeration basin with dual 15 HP motors & blowers providing diffused air; 10 ft diameter circular clarifier with surface skimmer and drive unit; (no aerobic digestor); 12.5% sodium hypochlorite (CaptwO) liquid feed drip chlorination; (no chlorine contact chamber); 30% calcium thiosulfate liquid feed drip feed chlorination; (chemical tanks are enclosed in a covered storage area); v-notch weir; ISCO 3230 bubbler flow measuring & totalizing equipment; and ISCO 1580 (flow proportional) composite sampler. 'Flow data: Annual Average Flow: 0.05 MGD (3 year average - 2007-2011) Maximum Daily Flow: 0.125 MGD (during the past 3 years) - Demonstration of Future: ` DWQ letter sent in June 2002, indicating flows were 81.16% of current treatment capacity (0.0649 MGD). WWTP Improvements in 2011: Two new motors were purchased for blowers #1 and #2. Sludge and Solids Management: Sludge is wasted 2-3 times per year by commercial haulers and taken to MSD's WWTP. Cited: Discharge Without Valid Permit; WWTP By -Pass; 150,000 gallons; April 30- May 3,2011. Response: Discharge occurred due to #1 and #2 motor/blower-failures. Town of Hot Springs purchased two new motors. III. Notification A copy of the System Performance Annual Report (SPAR) is available upon request from the Town Clerk located at the Town of Hot Springs' Town Hall. IV. Certification A. Certified Operators in Responsible Charge: Certified ORC: Randy A. Joseph Cert. # 15506 WW — II Cert. # 26903 CS - I Back-up ORC: Christopher M. Ladd Cert. # 10880 WW — I Cert. # 13877 CS - III Cert. # 985834 PC - 1 B. Statement by a responsible official certifying the report is accurate and complete: I, Brian Reese, certify that this report is accurate and complete, to the best of my knowledge. Signature of responsible official and date of report: %�Ti�� Y IN 2011 System Performance Annual Report (Submitted as required by the NC General Assembly House Bill 1160 Clean Water Act of 1999.) Reporting Period: January 1, 2011 to December 30, 2011 I. General information • Name of regulated entity: Town of Hot Springs - Hot Springs Housing Authority WWTP • Responsible contact: Brian Reese, Mayor mailing address: P.O. Box 218; Ho�Sp frig ,yfU:C: 28743� --7 phone numbers: 828-622-7591 Nancy -ho as ,,Town C erk= t F0fax: 828-622-7408 MAR - 5 2012 1 email: f facility located at: Paint Rock Roadr{NC_St:z 3,,� northwest ipri r 4- D county: Madison DWQ Regional- Office: Asheville 53 List of applicable permit(s): WQCSD0 WX Collection System NCO049620 Wastewater Treatment Facilities • Description of collection system and wastewater treatment system or process: WOCSDO553 Collection System: The development consists of 41 connections: 40 (1-3 bedroom) HUD apartments and 1 maintenance shop, serving a population of 85. There are -- 2500 ft of 8-inch pvc gravity sewers with 8 manholes. There are no pump stations. There are - 2000 ft of 4-inch pvc service lines. NCO049620 Wastewater Treatment Facilities: 0.01 MGD. septic tank - sand filter system consisting of: 5 precast 2000 gallon septic tanks operated in series; 24 ft x 17 ft dosing tank with dual 5-inch siphon bells and Bilco® aluminum double door floor vault access; 5 ft x 12 ft distribution box; surface sand filter; four 4-inch pvc drilled laterals; tablet chlorinator; 4 ft x 8 ft baffled chlorine contact chamber; and tablet dechlorinator. Annual Average Flow: 3,000 gpd - French Broad Co-op water useage records 'Sand Specifications: particle size 0.35-0.50 mm; uniform coefficiency < 3; dust content < 0.5% Sand Replacement: 2005 - total replacement in 2005 with FEMA funding, as a result of flooding; 2010 - top 12 inches replaced April 2010 and disposed' of at TIDI Waste Systems. Sand Disposal: TIDI Waste Systems; 415 Ryder Lane; Morristown, TN 37813- 2882 Phone: (423) 581-5655 Sludge Management: Commercial hauler (Able Septic or Chris Carter) to MSD's WWTP. A to C: Authorization to Construct, issued 5-20-1982; Edward D. Seagle, P.E. Appalachian Engineering 11. System Performance Annual Summary: A. Description of overall 12 month performance, noting highlights and deficiencies: January thru December 2011— in full compliance with permit conditions B. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (Notice of Violations and Civil Assessments): January thru December 2011— no violations or civil assessments 2.. Monitoring and Reporting Violations (NOVs and Civil Assessments) (illegal) bypass of treatment facilities* January thru December 2011— no violations or civil assessments or bypasses of treatment works 3. Sanitary Sewer Overflows* (NOVs and Civil Assessments) *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. January thru December 2011— no overflows, violations or civil assessments C. Description of any known environmental impact of violations: January thru December 2011— no violations D. Description of corrective measures taken to address violations or deficiencies r III. Notification January thru December 2011— none required A copy of the System Performance Annual Report (SPAR) is available upon request from the Town Clerk located at the Town of Hot Springs' Town Hall. IV. Certification A. Certified Operators in Responsible Charge: Certified ORC: Randy Joseph Cert. # 15506 WW — II Cert. # 26903 CS - Back-up ORC: Christopher M. Ladd Cert. # 10880 WW — I Cert. # 13877 CS - Ill Cert. # 985834 PC - B. Statement by a responsible official certifying the report is accurate and complete: I, Brian Reese, certify that this report is accurate and complete, to the best of my knowledge. Signature of responsible official and date of report: name date N CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue . Coleen H. Sullins Governor Director November 29, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Sidney Harrison Town of Hot Springs PO Box 218 Hot Springs, NC 287430218 Subject: Request for Remission of Civil Penalty �'Powri of -Hot Sprm�� `"'Cas N beri�DV�2010�,0025 Permit Number;.�-WQCSD00'8 Madison County Dear Dear Mayor Harrison:: Dee Freeman Secretary In accordance with North Carolina General Statute 143-215.6A(D, the ,Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and r ffiiM' 4-i0A&d-@ of the $4,067.00 civil penalty assessment. The revised civil penalty is therefore a total amount of*-V06�7-0-0 hich includes $67.00 in investigative costs. A co of the Director's decision is 3 � � g PY attached. Two options are available to you at this stage of the remission process: 1) 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: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center w„::• ..>.�.,:,.?��,.,:;;,,-..titer ���,� ;��-', Raleigh, NC 27699-1617 WATER DUALITY SECTIDN ASHEV!LLE REGIONAL OFFICE Town of Hot Springs Case No. DV-2010-0025 Madison Page 2 of 2 6ement Commission's (EMC) Committee on make the final decision on your remission request. You may decide to have the Environmental anab Civil Penalty Remissions m our request for s from your receipt of this letter, y not received within 30 calendar days of the Director ° ins the No tfinal agency Carolina f payment is supporting documents and the r -emission with supp t will be delivered to the Committee on Civil Penalty Remiss Division of Water Quality decision. �musf complete and return the speak before the Committee, y ouof this • 'thin thirty (30) calendar days of receipt letter. Send I f you or your representative would like to attached Request for Oral Presentation Form the completed form to: Collection Systems Unit Pretreatment, Emergency Response, Division of Water Quality 1617 Mail Service 699-1617 Raleigh, N resentation (if you documents and your request for an Or presentation supporting compelling reason to require a p will review the supp uired, the final The EMC. Chairmanear. If a presentation is not req makeand the request). If the Chairman determinesushould appls a coin YOU will be notified' ed upon the written record. make its remission decision will be based P Remissions will ma hold the Committee on Civil Penalty the E1V1C may choose to up Please be advised that the EMC's Director's remission based on the original assessment amount. Therefarree with the DWQ decision the may g original penalty amount and offer no re penalty amo recommendation t may be further remitted. detailed above, or the p uestions, please contact Daryl Merritt at ou for your cooperation in this matter. If you have any q Thank y . (919) 807-6307. Sincerely, Daryl Merritt Attachments cc: Ashevlle�Regional► SWP Section Supervisor Central Files PERCS Enforcement Files STATE OF NORTH CAROLINA COUNTY OF Madison IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Town of Hot Springs ENVIRONMENTAL MANAGEMENT COMMISSION DWQ Case Number DV-2010-0025 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 lawers 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 to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE zf/An�� 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 21, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Johnny Norton Town of Hot Springs PO Box 218 Hot Springs, NC 28743 Subject: Request for Remission of Civil Penalty Case Number.-J?V-2GO9:zOO5 Permit Number-­W_QCSI)O086 Madison County ­7 Dear Mayor Norton: 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 —Mof 1% the $4,067.00 civil penalty assessment. The revised civil penalty is therefore a total tam-ouiinii�-�-�o:f��.,-$2067iOO-�,�which' includes $67.00 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: 1) 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: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Ralei-gh, NC 27699-1617 i Town of Hot Springs ` Case No. DV-2009-0050 Madison Page 2 of 2 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: Pretreatment, Emergency Response, Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC' 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 remissions, 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 Daryl Merritt.at (919) 807-6307. Sincerely; .Daryl Merritt Attachments cc:`vlle�RegtonaL.S3NPSSection Supervisor Central Files PERCS Enforcement Files DIVISION OF WATER QUALM..__ , CIVIL PENALTY REMISSION FACTORS Case Number: DV 2009-0050 Region: Asheville County:_ Madison Assessed Entity: Town of Hot Springs Permit: WQCSDO086 ❑ (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 Town states that it replaced the faulty pumps in a timely manner. The Town has shown invoices and purchase orders to back this claim. ® (c) Whether the violation was inadvertent or a result of an accident: The Town states that their maintenance person reported the spill to Madison County Emergency Management but ' did not report the spill to the state. The Town has shown that it understands the spill` reporting requirements and in the future will report directly to the State. ® (d) Whether'the violator had been assessed civil penalties for any previous violations: The only prior assessed civil penalty was CV-2008-0012 which occurred 12/1212008 for construction without a permit The engineering firm took responsibilityfor the oversight and paid the penalty.- ® (e) Whether payment of the civil penalty will. prevent payment for the remaining necessary remedial actions: The Town states that it is currently operating with a considerable deficit.., The Town has shown that it is operating on a limited budget. Because of this reason the Asheville Regional office recommends that partial remission of half the amount of the civilpenalty be granted resulting in -a civilpenalty' of $2067.00. - DECISION (Check One) Request Denied ❑ Fu11 Remission ❑❑� etain Enforcement Costs? Yes ❑ No ❑ .. . Partial Remissionlid $BOG G . o (Enter Amount) b . Coleen H. Sullins D A . MV 1.0 - 8.31.09 't k �.3 t 2010 J' f .: WATER QUALITY SECTION ? 3 ' AS F---V I r: it f L:5�, X,, I E - Z Alf- II ' s ALZZ C�CPL Af ztz OPP- DAILY CLEANING REPORT DATE -Z/ CREW # OPERATOR Ak� A24��- ASSISTANT titreet Name fviannoie i; ivianoie v rootage voTrasses 5� v A 0? 6-1 -r-, T- 1� '90 PIP, 7 I I / 9 J4F Total Footage Cleanecl�. --V 1. a GRAVITY 8 INSPECTOR S�eetName orArea Manhole PNah(���1 .���baga� E���inB�b�� � LWAI SECTION ER J�ALITI Tota Foo�oge|nooaobad� ,��a, : ., . `�^—=--'. _ Pump Station Log NPDESNo.' Pump Station NoJName: Inty 01 Inspect -I Clean - Inspect -I Inspect-] Inspect - I Inspect - I Inspect -I Time In I Report any safety issues to Supervisor; Report all C Cycle Floats -CF Exercise - E Exercise - E Lubricate - L Cycle - C Cycle - C Time Out maintenance items to Public Works 10 7— god 12 Too 13 14 17 .19 20 do 22 23 43 25 28 29 30 31 Pump Station Log NPDES No.: Pump Station No./Name: Facility Name : �ll6l�y'"/�- e,W4 Month:_ /'0& Year: Acl/3 — County: 16 ,Sd.�j " i 4 ,r , ''b'nil^/IO�.t• '' -.�� si.�v' lSll 4 YG..y4f''.P" Location �.II'� "*✓S 7° no *}u ySi i ,%:~.� w 4,o, Yk iy ':#C Yq E.t FY■ell.,alii p� a Drl a't(s r Cool kJvyalVPi.CJ .. 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"d ,lf1p, r W, *,"'Af ji R pect - I Clean- C Cycle Floats -CF Inspect -I Exercise E Inspect -I Exercise E Inspect - I Lubricate L Inspect - I Cycle C Inspect - I Cycle C Time In f Time Out Report any safety issues to Supervisor; Report all items - - - - - maintenance to Public Works 7- 2 3 led 4 5 C F A .7 6 7 8 9 10 P. F 11 -T 12 13 N3 e) 14 gWo 15 dd 16 C)d a q3,J 17 4 .3 6 18 9C) 6 j)6d 19 a F -7r 436 Fk 20 7:r 21 AOO 22 N, ej ri 23 'r- 61C 0d .111.3b 24 ti 25 P, 26 27 A.- 28 Ar-, 29 'T P)l a 30 T- . NPIDES No.: Facility Name : _ O.,t - L-f'yl A A Pump Station Log Pump Station No./Name: Month: - I County: /0,401130.kj ���LG Year:,90/6 — do k+3 U 3"9. WetNIO ts; 'Control Inspect -1 Clean - Inspect Inspect Inspect - I Inspect -I Inspect -I Time In I Report any safety issues to Sup—isor; Report all & lira C Cyc 0 oats -CF I FI Exercise E Exercise E Lubricate L Cycle C Cycle C Time Out maintenance items to Public Works 2 3 Zoa 4 hS3 A,,,- 6 7 93,6 )).M- 8 e 9 _17 123d 10 r" C, 11 e ya jkJAL, 12 qjTeo 13 R, 14 -Z ?p 15 ?-1 � 16 17 18 19 20 '74 'lied 16,/)" 21 T J7 qqj 22 23 24 ,w 25 tm) !�0,5 26 T 1,10 27 io 0 WP4 28 nod 29 30 31 Pump Station Log y NPDES No.: Pump Station No./Name: Facility Name :&A�L Lty,�) � V J U N 15 2010 ith:_ Yea i IALITY SECTION N A, X -qik - Vew, 5 WKMs. Vg Inspect - ] Clean - C Cycle Floats -CF Inspect - I Exercise - E Inspect - I Exercise - E Inspect - I Lubricate - L Inspect - I Cycle - C Inspect - I Cycle - C Time In Time Out Report any safety issues to Supervisor; Report all maintenance items to Public Works A 2 3 7- 4 .L.-7- r3a Aloo�� f.11 5 6 CFff _T -7-- W. 8 9 10 11 12 13 ZA% 14 15 770 16 17 _37 X` 4, 18 4oL 19 20 cr 21 L5F 5? 3 d 22 ev173oe 0 A 23 24' d 25 11r VIC) fit, ISO 26 27 ;CC/ :?o 28 29 q03,0 ov-1 30 31 _WS'r - - — ,O, Or C4.44 JdJ -,PF,4 NPDES No.: Pump Station Log Pump Station No./Name: Facility Name: &-.� Month: Year: �U%O County: �"a. �Ya` 'i'� .>,„�'z i 5� z,$ ;7"k � i r. 4a 4 �t�"1 � •$",'�`�r`�j t �`�l`� h•2x...M &.:G �^ 1: fi. �. rt k�c<ri°:�pu` a� l� {, .,� �-.Ii10}Qr1 a�sr ;e.�:nt � z ,'t 5 id� i ;. i?,tt"! ,3 � �xst . -t- .e {y, 7 i4. y��fd'f'��, i:hi.: w. a ,+>s;�>y s f, � :s.$yt�i� � �x"u d,...t.;:'.C.�'S:i ry�c.)�' h ,:i.;J'�wwt,., °3' ..ti.y Y-L. x �i � :�,+. ''.',w�T�t?4 a1F /�f�. 11 +'I:Y V�tlo1�{ s a,. „.t•' a ,�..r s. u:=:• �Y,x' � t ( kt: I'7 t ', -fcs � r t ��,r�L f�.. �*Jt i i��yi�C.�h:xixe•Np� {rf �lS �3-.Sw.' d € -aWet°:We� ll 7,< .J � h-�' Yr�t. �k^iu r'r x S8-;„.:, �r'„t'R'h.'�. �i''"i"ss - s rt ✓ ' l.�.tiT '�` rat#„z�.kat > }r,.,c'�- r{"*. : �T4 •e .? �^; t� i :�• s{..4`,,-sw,-w,f � ,.yry, .x,$?�zz _ .� ✓` � .. ' i.o7�.E" P .a �tYs 4 xt, I 1 C3iu''t Y.'c. ^P,. �,,.Y i ?• _ Te s.' , Si;; x Q Inspect - I Clean • Inspect - 1 _ _ Inspect - I Inspect - I Inspect - I Inspect - 1 .�.:i,5_ Time In I _ - Report any safety Issues to Supervisor; Report all Cycle Floats -CF Exercise - E Exercise - E Lubricate - L Cycle • C Cycle - C Time Out maintenance items to Public Works 2 If 3 .93 43 �.. 5 6 DO 7 _L �o 8 9 10 $Ya'' $g o .4- 11 12 T1$� y 13 T r23�' sVO n A Tom^ 14 15 boo � gO 16 17 18 19 20 21 a Aga 22 23 T r '��n'" ��a At 24 _ a 25rod 1 02Oo r. r 26 ��qq $ A.— d A-" 27 30 28 o 29 a V e, 30 31 eHar- 6P S41i'1 Coy .-#_soo u ,� �oj&< t►411 �Vd — �6 z� —o.9�� Pump Station Log NPDES No.: Pump Station No./Name: Facility Name : _ gf D1, 16 ge _ Month:_ Year.lwllp County: rnf}�c9d b✓ - +`'a Tr Il aO axes.rti L i"x'iu t_:1r Wet Well�•1 Qr r T „ A." r.,.�a,. k ra r t a`" =Telemet r Locatiorit h� ^5 n r , r �r rf, y g C k4 .HalvesP. m sAlar s ,, ,,� 3 .. .e-K4.,..n . ....5 ,, x,S .�. ... -_ t. Cr) � fe .L.-..,,.: a, •rl..r .J..v%.1"'. �� 3 ren..lw :. „SAN. ::.f ,.d. .}.".E:.s ��,r.Y_':�k.". .r.j�.A-`y�% W'q ,ilk 'FRS y� Inspect - I Clean - Inspect - I Inspect - I Inspect - I Inspect - I Inspect - I Time In I Report any safety issues to Supervisor; Report all C Cycle Floats -CF Exercise - E Exercise - E Lubricate - L Cycle - C Cycle - C Time Out maintenance items to Public Works 17 2 3 4 �DC7 5 � &.Vl 6 6 F <Y3o ,� x 7 ner,.p -Y a 3' JP6 9 -- nd� v 10 T 00 11 12 �v t e>tkg cx� 13 r-� G� 14 pri sip J 15 �a 16 IT �v 17 18' 19 `�. JT r7 20 a 21 J n/ 0 22 ")a Alf, 23 24 QO& 43a 25 Q3� PTA` .26 0 43rJ�w 27 7' a 93" R 28 l 29 �•� 30 TIr / � goo 31 NPIDES No.: Facility Name Pump Station Log Pump Station No./Name: Month:- A)Oad Year: 1,49,yeg County: lIfAj"V,, P.,,j r, r , kn Wet v Inspect I Clean - C Cycle Floats -CF 00 Inspect - I Exercise - E Inspect - I Exercise - E 1211 RM, Inspect - I Lubricate - L Inspect I Cycle - C 21 i Inspect - I Cycle - C Time In I Time Out _0 Report any safety issues to Supervisor; Report all maintenance items to Public Works V1 -1.3 d A M 2 Yi? A In y- 3 Jla-&&RM IV .7z/, Orri 4 C, .00, 9.7 / 5 1-7 :j- J_- Y-*3a JIM 6 A n? 7 Y, Cr H 07 V. ?e, 9 10 .17 12 Y-ya A4i Q.L;C, Ov 47 13 g.j7d 13 41 A ill 14 ej of 15 16 q, 3 17 t). Ila 110, 0'3 IJ r4 01 18 iq 0/ A ,4 19 C4.7 0 20 1., 21 —T 1?3d 22 0 Oe 103d 23 /19 a 24 /)01 25 00 26 Ly Ai- 27 pd 28 29 d 30 T, I T oo - flZed A 31 E C Pump Station Log D 15 2010 NPIDES NO.- Pump Station No./Name: nth Year: V' ; Facility Name: counll IA1 ITY SECTION AqH=VIILLE REGIONAL OFFICE 6 PUMPS ,nelem ......a Inspect - I Clean - C 1 Cycle Floats -CF Inspect - I Exercise - E Inspect - I Exercise - E Inspect - I Lubricate - L Inspect -I Cycle - C Inspect - I Cycle - C Time In I Time Out Report any safety issues to Supervisor; Report all maintenance items to Public Works 77- ;P;lb A/& 2 3 4 5 C_r r Y;I, 4 6 ler w 4," A 7,1 A- 7 '4,,L 8 7,3 9 -770 A- 10 12 0,4e 13 14 :r 7 15 L -Z- V v, 16 - 25- 1 X: 17 18 19 4A, 20 21 �7- 4� 22 7- 36,4� 23 24 25 lil- 26 J- 27 � 28 29 all -j� Alt- 0 '7 31 wwoy�wv "V Pump Station Log NPDES No.: Pump Station No./Name: 469 Facility Name : � A -VI Month: / 0611 - Year: Va- v County: . .f 5, .. ;,P*°� s`,ib f sus.• r:. t ..,.;S+x ck z; en � �.r: ' -? 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"-._ 4'�S a�i,.at eta*tom t vc (, r q Inspect -I Clean - C Cycle Floats -CF Ins ect-I Exercise - E Ins ect-I Exercise - E Ins ect-I Lubricate - L InsFect - I Cycle • C ect - I 'Cycle - C Time In Time Out Report an safetyIssues to Supervisor; Report allIns maintenance items to Public Works 1 c� O j v 2 J, 3 ��4r+ 4 y l ia, 5 L 6 FEE 4- 7 4, CPO 10 L �ZT 11 �' 12 4 �u 1 /— 13 F9e 70 9i'' 14 A, �l 15 16 '$d 17 18c a� 19 f'•70 20 It- 03 Jr3" .)G 21 22 a �M �cn 23 /Lt 24 7d r p3� 25 26 27 Zv A. 28 �OO .5910 29 30 Pump Station Log NPDES No.: Pump Station No./Name: J. / Month:A./— Year:,; d Facility Name : agz dPI& County: -u,ex'&"�,. � `i«"'�"-., l .11a,, 't,avt-,i:: 1,a .;« , Lm„ ::",daY ;. '.;...r h t� M'`,i°;;:. t .., rv� MM .aa N' k C+ ,'ra,"s:irk .y� Motor"" .::>.� cr : �F l C. L h1''.. '�*: %.�^17..-(yt.,�.�:o p> 4.' . dt' } �rn :.,.: t o :�•M a 4....0 4- �S+s":, . ,.„..;y arc ''. ,�"i Yy.r�� i : 3kk?.raJ,'3ai'i :r,.r, .r ca -.:. Y� x :i: ^to'µ ..�`'y*..r'y„,. '�.•- 4rs.-,aEikf.,, p...; 1�', r.«.: 'k'T Yt S`?C.F pk,, L'. l.ocatiwonr�xr. h .r.. :,z.., ,,,. ,yr ;:. �r'�"'a?,r�..7.�},�.: i�' e r> < ut.l''# �.1� " 3 tir(i Ytj.. 12.n tr �) v ,i,R. {•YL in Wet Wyell' rY//��T Tn ^,biy1/alues < Y ,Ptumps.alarms .a.t'2, f Telemetry ` 6 a °�1 (}, F. Comments x .Nt �G X^Il ;S�i, IF't ; jr �YYy tf:E}$.l'y". tsr> -. .'�%ontrol N, '��v^.iG,.<'-i�1 -..=ELF lIXi� 4 .. t' r i:s�,pi4{, lrL..ejr Q.a�.. 7 U v.. it 17i"f!*k!. — - . fi:. r?o .Srt s U y:.F...'�,.. J ,.i� «.�'.'AF a...Y:'� i'..r:'tES: K'ir h.. z 'r,.w''Jl..f Fy„ ..:1'£ :.. ._ r 4x'•.�Lk: yr' , �''':' .V",h .. Y5- �1 _.3 ."Nc .r4z' *Inspect .v Inspect -I Clean - Inspect - I Inspect • I Inspect - I Inspect - I - I Time In / Report any safety issues to Supervisor; Report all 4"�a.3.dS C Cycle Floats •CF Exercise - E Exercise - E Lubricate - L Cycle - C Cycle . C Time Out maintenance items to Public Works 2 3 y c�? 4 %3ts�i� 5 pp 6 "T ' ?' o• �/w 8 too 3u 4ti y—T— 10 /� Z C Y5, Ja 12 !7✓ �/� 9g 13 99u N 14 T /t-• 15 So v 16 bo: 17 p]v 4/L, /oa 18"7 0 r 19 zr, 20 57u 21 G 'V7.1 .+ 22 1 1 0v 23 i7✓ tr fa 24 u r fJv 25 1u 26 fig 4/v 27 28 poo 29 V 30 -7 o j Pump Station Log NPDES No.: Pump Station No./Name: 5 Facility Name: County: 'K' .� r, &'z +^•O�i.o a� Inspect - I Clean - C Cycle Floats -CF Motor 111-nia&�el..aayre Inspect - I Exercise - E "s' Inspect - I Exercise - E P��p•uk.yps�Aa�rmtl�i� Inspect - I Lubricate - L Inspect - I Cycle - C Inspect - I Cycle - C iamtie Time In / Time Out C' 9ew Report any safety issues to Supervisor, Report all maintenance items to Public Works 3 4 5 6 73a .a-t 7 8 9 10 11 12 ✓ 13 //:3oA�- 14�a.c Q 15 X ^" — 16 .L 17 18 y ,L .L - - PC; .2 r70 19 20 21 22 L 0 23 24 25 % f0i /ate 26 27 u 428 31 (�ps,a 0/ SHILL �f N � � a.�N�r►,,o � ��s ��'��/ boo - �S�--o 36� Pump Station Log NPDES No.: Pump Station No./Name: Month: Year: e?jo .4-114 A* Facility Name: t0djd!±t ;.,, County: 411(41-- X•e� Control 'Tel ow, Mg Wit —X% Oil Inspect -I Clean - C Cycle Floats -CF Inspect -I Exercise - E Inspect -I Exercise - E Inspect -I Lubricate - L Inspect - I Cycle - C Inspect -I Cycle - C Time In I Time Out Report any safety issues to Supervisor; Report all maintenance items to Public Works -7- J_ 2 3 4 4 -', 6, ^10 11P- 7d 6 7 -7 9 10 � eye 0411-L d-- A- 12 4- -:7-1 13 14 15 16 17 18 Ai- 19 IT 20 -4- 21 A4 22 P?, 14A 23 dt�-- ;- 0 Idl- 24 25 26 27 28 16 W -A Pump Station Log NPDES No.: Pump Station No./Name: Facility Name: , .dim' -A3 Month:Year: A 0 County: 17[ - ''n ig�a L`A 32 - ^.-i.�cY kl. ii. i.q �:,,�,_�� ; Rfr,s, 3t ° ^ i,� %.+" -kYti R,l�i$� �0°./5 �f:'.. W,"�. #�. 4� .,,-r���:�k:i 4.- r.xMO ` Wet WeU " r.M.• .d �iY .�xi�n, OI'�'� +r 3 x+M�e1's_ ,.iL',i �!-.�f k'15. .2.[ SVY•n ,� .fir-� Y t;: 1Falues 9 ...`fir"' Sf. y.l 5.. Atf J1J { e-"t}�arL�>'.�a•rf Pum s 6 �h ��+y �:. A��e,Y-.. ,�, �r�:f.^dy�y'i..:r-�Y�s`,-��<L larms 9Y i A fi fA k. ,32g.t «�-- Telemet , Y`iZ-:lvirty �' �`. 'p{ t ni OCatIOII�,-;� .. F.�,.'lY' 1V 4f l.'3 � L".1 �n''Wi l" 1r�Sfi�•�'^i�j :i� d+ ^e :�'tt .`���U .tA.uf'�: ' �� Comme is 1 lj,r Inspect-[ Clean - C Cycle Floats -CF Inspect - I Exercise - E Inspect - I Exercise - E Inspect - I Lubricate - L Inspect - I Cycle - C Inspect - I Cycle - C Time In / Time Out Report any safety Issues to Supervisor; Report all maintenance items to Public Works 2 3 4 5 1 -� y' �3` *, oe 6 L z J� 7 r- �- 0 10 z J-1 12 1 .- y z -lam 3-7777— �i 13 -�— y Z 1Q.3dAt. 14 / J2- 3 a A& 15 j'" A^ 16lC -7' T F o a 17 18 . 19 J Tz� —f- �TT— fT /l od AA 20 .L y -{� ,ate, 21 .y z %0 oa AA 22 23 fi Fh 24 G v� G �a +� e, 25 7"' y . - -1 f)D 26 .� L L z 27 z l F00An 28 0 NPDES No.: Facility Name Casi*4 /%a -*— Pump Station Log Pump Station No./Name: * County: Month: Year:474/0 0 YIIIA3 `AI RgM NO �V, Inspect - I Clean - C Cycle Floats -CF -Notoro !M Inspect - ] Exercise - E Inspect - I Exercise E Inspect - I Lubricate - L Ril Inspect - I Cycle - C zele ef Inspect - I Cycle - C �u Time In I Time Out 'Al.­ Comments La; Report any safety issues to Supervisor; Report all maintenance items to Public Works 2 3 4 5 FA) 6 7 4- �4_ 9 10 F20 I 10,9 12 13 14 15 Yo. 5, 16 _7Z: 4.4, 17 7 9.70 Ej A% 19 /low A)l, AA 20 "r"10. 21 wr 22 23 '00 24 7r 5., 0 IM 25 f91A' 26 Ir- 0 27 —4- 28 T t E--,,r-ILE COPY NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director May 14, 2010 Sydney Harrison, Mayor Town of Hot Springs P.O.' Box 218 -Hot Springs, N.C. 28743 Subject: Notice of Violation NOV-2010-PC-0551 Compliance Evaluation Inspection Permittee: Town of Hot Springs - Facility: Wastewater Collection. System Permit #: WQCSD0086 Madison County Dear Mayor Harrison: Natural Resources Dee Freeman Secretary 1. Jeff Menzel and Don Price of the Asheville Regional Office of -the NC Division of Water Quality (DWQ or the Division) conducted a compliance. evaluation inspection (CEI) of the Town. of Hot Springs wastewater collection system (WWCS) on April 21, 2010. The assistance .and cooperation of yourself, Aldermen Johnny Lawson and Kenny Ramsey, along- with Scott Ricker, Maintenance Manager, was greatly appreciated. An inspection checklist is attached for your records and inspection findings are summarized below. Site/System Review 2. . The following system components were inspected: All four (4) of the Sewer Pump Stations that serve the Town of Hot Springs were inspected, with -the following findings: a) The current "Pump Station Identifier' stating `Problems -Call Number" needs to be modified to reflect the Pump Station name/number and "specific" pump station problems. Currently the existing signs do not do that. b) The "Cat -Hole" pump.station alarms were not operational at the time of the inspection, until Scott Ricker made wiring connection and adjusted the alarm float. Each',pump station(s) audible -and visual alarms must be functional at "ALL TIMES" regardless. This should also be noted in any records kept of the system and its components. SASWMadison\Collection SvstemslHot Springs Collection Svstem\CSD Insp NOV 2010 PC 0551 Town of Hot Springs.doc North Carolina Division of Water Quality, Asheville Regional Office Location: 2090 US Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-45001 FAX: 828-299-70431 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Natura!!if Town of Hot Springs.4 Permit Nu`mbe -=WQCSD0086 N6v.#:'146V-201O-PC-0551 Page 2 of 5 3. - As you are aware, owners of deemed permitted collection systems must comply with all rules listed under NC Administrative Code 15A NCAC 02T .0400, et seq. Your compliance status with each of these rules is summarized below: a. 15A NCAC 02T .0403(a)(1): Requires that the system be effectively maintained and operated at .all times to prevent discharge to land or surface waters and any contravention of ground or surface water standards. Observations: One overflow and/or bypass from the system has been reported to date. However, several other violations of 15A NCAC 02T .0403 were noted during the inspection, which demonstrate inadequate operation/maintenance of the system. These other violations are detailed below. Compliance Status: Noncompliant, b. 15A NCAC 02T .0403(a)(2): Requires that a map of the wastewater collection system be developed and actively maintained. Observations: Scott Ricker did have a current system map at the time of the inspection, but the current map did not include the following: 1) pipe age; 2) pipe size and material; 3) pump station location; 4) number of taps and location. The current map needs to modified to address these deficiencies.. Compliance Status: Noncompliant, C. 15A NCAC 02T .0403(a)(3): Requires that an operation and maintenance (O&M) plan be developed and implemented, which includes pump station inspection frequency, preventative maintenance schedule, spare parts inventory and overflow response. Observations: No O & M plan was presented to staff for review at the time of the inspection. Please develop an O & M plan that addresses at a minimum all items listed, in 15A NCAC 02T .0403(a)_(3). This plan must be developed to include the following: Operation/maintenance/inspection schedules for lines, manholes, cleanouts, right-of-ways, high priority sewers, pump stations, septic holding tanks, etc. 2. Spare parts inventory if one is maintained. If no spare parts are maintained, a source of spare parts should be identified and specified within the plan. 3.. Overflow response plan that better defines points of contact with phone numbers (including responsible parties, spill teams, contractors and reporting agencies), spill thresholds, and response, containment, cleanup and reporting procedures. Compliance Status: Noncompliant, Town of Hot Springs i Permit Number-WQCSD0086 NOV #: NOV-2010-PC-0551 �_4 = r Page 3- of 5 i i d. 15A NCAC'02T .0403(a)(4): Requires that the permittee or its representative inspect pump stationsAhat are not connected to a1elemetry system (i.e., remote alarm system) every day (i.e., 365 days per year) and pump stations that are connected to a telemetry system at least once per week. Observations: Example: Scott Ricker has conducted inspections of the all four pump stations in the system as required. NO station is currently connected to a telemetry system, thus inspections of the stations) should be conducted daily. Furthermore, Scott Ricker has documented the inspections -he has conducted at this-station(s). Compliance Status: Compliant e. 15A NCAC 02T :0403(a)(5): Requires that the permittee or its representative inspect high-priority.sewers (HPS - as defined in 15A NCAC 02T .0402(2)) at least. once every six months and document the inspections. i Observations: Honorarium Inspectee Name was unsure during the inspection if there are any HPSs and with the current system map, it's difficult to assess whether any exist. The absence or existence of HPSs should be reflected on the map and in the O&M plan: If no HPSs exist, a- statement indicating so should be included in the, O&M plan. If they do exist, each HPS should be identified in the O&M plan and inspections every six months must be recorded. i Compliance Status: Noncompliant f. 15A NCAC 02T .0403(a)(6): Requires that the permittee -or its representative conduct a general observation of the entire wastewater collection system at least once per year. y Observations: Thus far, no such observations have been conducted -and documented. Compliance Status: Noncompliant 15A NCAC 02T .0403 a 7 Requires that overflows and bypasses from the system 9•- ()( )� q YP Y be reported to the Division's Asheville Regional Office in accordance with 15A NCAC 02B .0506(a), and that public -notice must *be provided as required by G.S. 143- 215.1C. Observations: According to current SSO records, the Town of Hot Springs wastewater collection system experienced one sanitary sewer overflows (SSO) January20, 2010 as observed by staff members with the Asheville _Regional Office. The discharge of untreated sewage appeared to'originate from a cracked pipe at the Town's Silver Mine sewage .pumping station. The town was advised to fix the problem and submit a 5-day SSO report. An incomplete report was submitted to the Asheville Regional office twelve (12) days after the sewage spill was observed. It was noted the surrounding areas were cleaned of all solids and lime was applied. Compliance Status: Noncompliant Town of Hot Springs Permit Number-WQCSD0086 NOV* NOV-2010-PC-0551 Page 4 of 5 h. 15A NCAC 02T .0403(a)(8): Requires that a grease control program be developed and implemented as follows: 1. For publicly owned collection systems the grease control program shall include at least bi-annual distribution of grease education materials for both commercial and residential users and the legal means to require grease interceptors for new construction and, if necessary, retrofit of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and to control grease entering the system from other public and private satellite sewer systems. 2. Grease education materials shall be distributed more often than required above if necessary to prevent grease -related sanitary sewer overflows. Observations: The Town of Hot Springs staff did NOT have copy(s) of grease education ' material and no documentation of distribution to users of the collection system. Please note that documentation of all efforts to educate system users about grease is considered imperative to demonstrating compliance with this requirement. Compliance Status: Noncompliant 15A NCAC 02T .0403(a)(9): Requires that right-of-ways (ROW) and easements be maintained in the full easement width for personnel and equipment accessibility. Observations: Example: Scott Ricker had no documentation of the existence or ROWs/easements or the maintenance of them. Compliance Status: Noncompliant j. 15A NCAC 02T .0403(a)(10): Requires that documentation be kept for all activities you undertake to comply with the requirements of 15A NCAC 02T .0403, subparagraphs (a)(1) through (a)(9), for a minimum of three years, with the exception of the map, which shall be maintained for the life of the system. Observations: Scott Ricker did not have sufficient documentation to demonstrate compliance with the requirements of 15A NCAC 02T .0403, Subparagraphs (a)(1) through (a)(3), (a)(5) through (a)(6) and (a)(8) and (a)(9). Compliance Status: Noncompliant 4. Please reply in writing to this Notice of Violation within 30 days of receiving it. Your reply should include the following: a. A legible copy of the latest system map. b. Copies of any pumping records for the past five years. Town of Hot Springs Permit Number-WQCSD0086 � NOV #: NOV-2010-PG-0551 Page 5 of 5 C. Corrective actions with implementation schedules for each of the deficiencies/violations listed above in paragraphs 3a through 3d, and 3e through 3j. d. Any other information you feel should be considered in this case. 5. Please be aware that, in accordance with NC General Statute 143-215.6A, the Director of the Division of Water Quality may assess civil penalties not to exceed $26,000 per day, per violation, for violations; of 15A NCAC 02T .0400, et seq. Your written response and the actions that you take to address the violations listed herein will be considered in deciding whether or not such penalties are necessary to compel compliance. 6. If you have any questions regarding the inspection or this Notice of Violation, please give Mr. Jeff Menzel a call at (828)296-4500. Thank you for your cooperation in this matter. Sincerely, Roger C. Edwards Surface Water Regional Supervisor Asheville Regional Office Division of Water Quality Attachments: Central Files PERCS Unit { Compliance Inspection Report Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner: Town of Hot Springs SOC: Effective: Expiration: Facility: Hot Springs Collection System County: Madison Region: Asheville Contact Person: Randy A Joseph Title: Phone: 828-622-7550 Directions to Facility: System Classifications: CS1, Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 04/21/2010 Entry //Time: 09:00 AM - Exit Time: 10:00 AM Primary Inspector: Jeff Menze4�r, 1 Phone: 828-296-4500 Secondary Inspector(s): Don Price , b�`^ Phone: 8,4-Z96-'fSoc Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Deemed permitted collection system management and operation 'i L'MS Facility Status: ❑ Compliant ■ Not Compliant Question Areas: Miscellaneous Questions Performance Standards Operation & Maint Reqmts Records ■ Monitoring & Rpting ■ Inspections Pump Station Reqmts (See attachment summary) Page: 1 Permit: WQCSDO086 Ownelr . Facility: Town of Hot Springs i Inspection Date: 04121/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: The Town of Hot Springs has made some progress on addressing the deficiencies of their current Sewer Collection System, but there are still areas that need attention. The Town of Hot Springs needs to develop an 0 & M plan that addresses spill response, cleaning and system inspections, complaints, FOG (fats, oils, and grease), system components ( pumps, valves, emergency equipment,etc.) and spare parts inventory. SSO reporting and recordkeeping are a very important part of proper operation of any Sewer Collection System, wether the system be "Deemed" permitted or have a "Holistic" collection system permit. Currently the Town of Hot Springs is a "Deemed" system, but they do not meet requirements of the regulations covering Deemed systems. Page: 2 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Performance Standards Reason for Visit: Routine Is Public Education Program for grease established and documented? ❑ ■ ❑ ❑ What educational tools are used? The Town of Hot Springs is required by 15A NCAC 2T .0403 (a) (8) to provide 2/year educational material to its sewer users, either as a handout available at Town Hall or as a mailing. Is Sewer Use Ordinance/Legal Authority available? ■ ❑ ❑ ❑ Does it appear that the Sewer Use Ordinance is enforced? 001111 Is Grease Trap Ordinance available? ❑ ■ ❑ 0- Is Septic Tank Ordinance available (as applicable, i.e. annexation) ❑ ❑ ❑ ■ List enforcement actions by permittee, if any, in the last 12 months A Sewer Use Ordinance including applicable Grease Trap requirements is required by the 2T regulations. No enforcement actions were documented in the last 12 months, nor inspections of Grease Traps. Has an acceptable Capital Improvement Plan (CIP) been implemented? Does CIP address short term needs and long term \"master plan\" concepts? Does CIP cover three to five year period? Does CIP include Goal Statement? Does CIP include description of project area? Does CIP include description of existing facilities? Does CIP include known deficiencies? Does CIP include forecasted future needs? Is CIP designated only for wastewater collection and treatment? Approximate capital improvement budget for collection system? Total annual revenue for wastewater collection and treatment? CIP Comments A CIP (Capital Improvement Plan) is a reguiatroy requirement of the regulations. Is system free of known points of bypass? If no, describe type of bypass and location Is a 24-hour notification sign posted at ALL pump stations? # Does the sign include: Instructions for notification? Pump station identifier? 24-hour contact numbers Page: 3 i t Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine i If no, list deficient pump stations Cat Hole PIS; South Springs St. PIS;' Red Bridge PIS; and Silver Mine PIS all did not have identifier's. i # Do ALL pump stations have an "auto polling" feature/SCADA? ❑ ■ . ❑ ❑ Number of pump stations I 4 Number of pump stations that have SCADA 0 Number of pump stations that have simple telemetry 0 Number of pump stations that have only audible and visual alarms 4 Number of pump stations that do not meet permit requirements # Does the permittee have a root control program? ❑ ■ ❑ ❑ # If yes, date implemented? Describe: Comment: A complete O & M program should be developed that documents inspection, cleaning, and any additional efforts the Town staff conduct, such as root control, grease clean-up, etc. Inspections Yes No NA NE. Are maintenance records for sewer lines available? ■ ❑ ❑ ❑ Are records available that document pump station inspections? ■ ❑ ❑ ❑ Are SCADA or telemetry equipped pump stations inspected at least once a week? ❑ ❑ ■ ❑ Are non-SCADA/telemetry equipped pump stations inspected every day? ■ ❑ ❑ ❑ Are records available that document citizen complaints? ❑ ■ ❑ ❑ # Do you have a system to conduct an annual observation of entire system? ■ ❑ ❑ ❑ # Has there been an observation of remote areas in the last year? ■ ❑ ❑ ❑ Are records available that document inspections of high -priority lines? ❑ ■ ❑ ❑ Has there been visual inspections of high -priority lines in last six months? ❑ ■ ❑ ❑ Comment: The Town of Hot Springs is required by regulation to document all inspections conducted on the syayem. This includes right-of-ways, high -priority lines, manholes, and aslo have a log that addresses citizen complaints. Operation & Maintenance Requirements Yes No NA NE Are all log books available? ■ ❑ ❑ ❑ Does supervisor review all log books on,a regular basis? ■ ❑ ❑ ❑ Does the supervisor have plans to address documented short-term problem areas? ■ ❑ ❑ ❑ What is the schedule for reviewing inspection, maintenance, & operations logs and problem areas? Maintenance appeares to be done on! an as needed basis. I Page: 4 S Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Are maintenance records for equipment available? ❑ ❑ ❑ ■ Is a schedule maintained for testing emergency/standby equipment? ❑ ■ ❑ ❑ What is the schedule for testing emergency/standby equipment? Do pump station logs include: Inside and outside cleaning and debris removal? ■ ❑ ❑ ❑ Inspecting and exercising all valves? ■ ❑ ❑ ❑ Inspecting and lubricating pumps and other equipment? ❑ ■ ❑ ❑ Inspecting alarms, telemetry and auxiliary equipment? ■ ❑ ❑ ❑ Is there at least one spare pump for each pump station w/o pump reliability? ❑ ❑ ❑ ■ Are maintenance records for right-of-ways available? ❑ ■ ❑ ❑ Are right-of-ways currently accessible in the event of an emergency? ■ ❑ ❑ ❑ Are system cleaning records available? ■ ❑ ❑ ❑ Has at least 10% of system been cleaned annually? ❑ ■ ❑ ❑ What areas are scheduled for cleaning in the next 12 months? The Town of Hot Springs is required to clean at least 10 % of their system per year. Also, records of cleaning and system wide inspection must be documented. All emergency equipment, valves, spare parts, and pumps must be tested and records kept and maintained of same. Is a Spill Response Action Plan available? ❑ ■ ❑ ❑ Does the plan include: 24-hour contact numbers ❑ ■ ❑ ❑ Response time ❑ ■ Cl ❑ Equipment list and spare parts inventory ❑ ■ ❑ ❑ Access to cleaning equipment ❑ ■ ❑ ❑ Access to construction crews, contractors, and/or engineers ❑ ■ ❑ ❑ Source of emergency funds ❑ ■ ❑ ❑ Site sanitation and cleanup materials ❑ 0,C) ❑ Post-overflow/spill assessment ❑ ■ ❑ ❑ Is a Spill Response Action Plan available for all personnel? ❑ ■ ❑ ❑ Is the spare parts inventory adequate? ❑ 110 ■ Comment: Currently there is no spill response plan. It is a required by 15A NCAC 2T .0403 (a)(3) that The Town of Hot Springs have an O & M plan that addresses spill response including items listed above. Page: 5 e Permit: WQCSDO086 Owner - Facility: Town of Hot Springs I Inspection Date: 04/21/2010 Inspection Type: Compliance Evaluation Reason for Visit: Routine Records I Yes No NA NE Are adequate records of all SSOs, spills alnd complaints available? ❑ ■ ❑ ❑ Are records of SSOs that are under the reportable threshold available? ❑ ■ ❑ ❑ I Do spill records indicate repeated overflows (2 or more in 12 months) at same location? ❑ ■ ❑ ❑ If yes, is there a corrective action plan? ❑ ■ ❑ ❑ Is a map of the system available? ■ ❑ ❑ ❑ Does the map include: Pipe sizes ❑ ■ ❑ ❑ Pipe materials ❑ ■ ❑ ❑ Pipe location ■ ❑ ❑ ❑ Flow direction ❑ ■ ❑ ❑ Approximate pipe age ❑ ■ ❑ ❑ Number of service taps ❑ ■ ❑ Cl Pump stations and capacity ❑ ■ ❑ ❑ If no, what percent is complete? List any modifications and extensions that need to be added to the map The Town of Hot Springs is required by 15A NCAC 2T .0403 (a)(2) to have a current map of the system that includes the following; Pipes sizes, materials type and age of those materials, flow direction, pump stations and capacity, and the number of service taps. # Does the permittee have a copy of their permit? ❑ ❑ ■ ❑ Comment: This is a deemed system. Monitoring and Reporting Requirements Yes No NA NE Are copies of required press releases and distribution lists available? ❑ ■ ❑ ❑ Are public notices and proof of publication available? ❑ ■ ❑ ❑ # Is an annual report being prepared in accordance with G.S. 143-215.1 C? ❑ ■ ❑ ❑ # Is permittee compliant with all compliance schedules in the permits? ❑ ❑ ■ ❑ If no, which one(s)? Comment: Public notification and press releases are a requirement of the O & M plan in addition to spill response. Page: 6 Mayor Sidney Harrison Clerk Nancy Thomas April 8, 2010 Town of Hot Springs PO Box 218 Hot Springs, NC 28743 Phone. 828 622 7991 Fax: 828 622 7408 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 -- - To Whom it May Concern, Alder_ mPn Kenny Ramsey Johnny Lawson Harold Ammons When the SSO was discovered, Mr. Scott Ricker with the Maintenance department, was informed the same evening. The next day the pipe was uncovered and reconnected. The pipe was then tested and covered. The leak never reached the French Broad River or Spring Creek. Mr. Ricker called Jeff Menzel and gave a verbal report of the incident to him. The report subsequently mailed regarding the SSO was incomplete and late. We wrote a letter and filled out a complete SSO form. The letter was mailed but unfortunately the SSO form was not. I discovered it later in a folder, and mailed it at that time. The errors were made, and we hope you will understand. Mr. Ricker and the Maintenance Department are working hard to get everything in good shape. - We invite you to visit -the Town of Hot Springs on April-19, 21, or - 22. April 21 would be preferable for us but we can have representatives (some Alderman and Scott Ricker) present any of these three days. �- Sin erely, = 4 Sidney H rrison APR 12 2010 Mayor, Town of Hot Springs WATER QUALITY SECTION c PGIONAL OFFICE cc Roger C. Edwards, Regional Supervisor, Daryl Merritt'.PFIRC'Saffi t- STATE OF NORTH CAROLINA ENVIRONMENT COUNTY OF MADISON TOWN OF HOT SPRINGS IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST AND HOT SPRINGS COLLECTION SYSTEM PERMIT NO.: WQCSDO086 DEPARTMENT OF AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING STIPULATION OF FACTS FILE NO. DV-2010-0025 Having been assessed civil penalties totaling $4.067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 15, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from -'the receipt of the notice of assessment. This the 09 day of ,o,., 520 ) V SIGNATURE ADDRESS 40 oX !z L zg7�3 l5 i APR 12 2010 --� WATER QUALITY SECTION ASHEVILLE REGIO� NAL O"E'C u 1011N6 M �.zob — A's 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. 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 Jeff Menzel of the Asheville Regional Office at (828)296-4500. : Roger .C. Edwards /� 4 Water Quality Regional Supervisor Asheville Region Division of Water Quality ATTACHMENTS cc: Regional Supervisor w/ attachments Public Information Officer PERCS Unit Enforcement File w/ attachments Central Files w/ attachments •^tir.F�'F� ate' �.._._.. ..._ ,� ��Yv, D APR 12 2010 JUSTIFICATION FOR REMISSION REQUEST WATER QUALITY SECTION ASF'EVILLE REGIONAL OFFICE DWQ Case Number: DV-2010-0025uC'oun'i Assessed Party: TOWN OF HOT SPRINGS Permit No.: WQCSDO086 Amount Assessed: $4,067.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach- additional pages as needed). _ (a) one or more of the civil penalty. -assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); ✓: .(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: 2010 System Performance Annual --Report (Submitted as required by the NC General Assembly House Bill 1160 Clean Water Act of 1999.) Reporting Period: January 1, 2010 to December 30, 2010 - I. General Information Name of regulated entity: Town of Hot Springs Responsible person Mailing address Town Hall location: Phone number: WWTP located at: County: DWQ Regional Office Sidney Harrison, Mayor PO Box 218; Hot Springs, N.C. 28743 186 Bridge Street; Hot Springs, NC 28743 828-622-7591 Town of Hot Springs - Town Hall Town Clerk - Nancy Thomas off River Drive, Hot Springs Madison Asheville MAY 0 5 2011 Listing of applicable permits 1AQCS0086 ectFon S,yste NCO025836 WWTP A. Description of collection system and wastewater treatment system or process: WQCS0086 Collection System consists of: 4-inch force main and 4-,6-, and 8-inch gravity sewer lines serving a population of 640. There are 4 pump stations with signs and emergency contact number. Three pump stations are duplex and one is simplex. Pump Stations (p/s): I. Silver Mine Road P/S has two 2 HP Myers submersible grinder pumps. The p/s is located in the flood plain. The control panel is located 20 ft above ground level and is accessed by a ladder. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. 2. Red Bridge P/S, located on North Andrews Street, has a new (March 2011) simplex 7 HP Zoeller Pump Company submersible grinder pump with dual high water alarms. The pump is located in a new $6,000 steel structure. This pump is checked 7 days per week. 3. South Spring Street P/S has two 5 HP Myers submersible grinder pumps with dual high water alarms. This p/s is about 2 years old and has telemetry with an III autodialer that cx, the Police Department. There is a`r zw $38,000 100 KW Cummins Onan diesel generator with auto transfer switch and 600 gallon fuel tank. OA Gregory Inc. / Gregory Oil is the fuel vendor. 4. Cat Hole PIS, located on North Spring Street, has two 2 HP Fisherpump submersible grinder pumps with dual high water alarms. This p/s is about 2 years old and has telemetry with an autodialer that calls the Police Department. Collection System mapping: Map of collection system by Butler & Associates - Gary, McGill — in 1981. Map of collection system by Land Of Sky Regional Council (most recent). Emergency Generators: There are three generators, which are tested every 2 months and serviced once a year. 1. ' New $38,000 100 KW Cummins Onan diesel generator with transfer switch permanently located at S. Spring Street pump station with 600 gallon fuel tank. 2. 15 KW Kubota diesel portable generator. - 3. 60 KW Cummins Onan diesel portable generator. A to C: Authorization to Construct the WWTP was issued in 1986. B. NCO026836 Wastewater Treatment Facilities (WWTP) consists of a class II facility rated at 0.80 MGD and is an EIMCO Process circular extended aeration package plant consisting of: manual bar rack; (communitor — out of service); aeration basin with dual 15 HP motors & blowers providing diffused air; 10 ft diameter circular clarifier with surface skimmer and drive unit; (no aerobic digestor); 12.5% sodium hypochlorite (Captor@) liquid feed drip chlorination; (no chlorine contact chamber); 30% calcium thiosulfate liquid feed drip feed chlorination; (chemical tanks are enclosed in a covered storage area); v-notch weir; ISCO 3230 bubbler flow measuring & totalizing equipment; and ISCO 1580 (flow proportional) composite sampler. , Flow data: Annual Average Flow: 0.05 MGD (3 year average - 20074010) Maximum Daily Flow: 0.125 MGD (during the past 3 years) Demonstration of Future: DWQ letter sent in June 2002, indicating flows were 81.16% of current treatment capacity (0-.0649 MGD). WWTP Improvements in 2010: The 8 air diffuser drops, from the air header, in the aeration basin were repaired with 7 stainless steel bands/covers to prevent air leaks. Sludge and Solids Management: Sludge is wasted 2-3 times per year by commercial haulers and taken to MSD's WWTP. Sludge Wasting Dates: 10-29-10 Able Septic Tank Service — 1500 gallons 3-17-10 Able Septic Tank Service — 1500 gallons Solids Disposal: Bar screenings are dewatered, placed in plastic buckets and carried to the Madison County landfill. II. System Performance Annual Summary: A. Description of overall 12 month performance, noting highlights and deficiencies: January —December 2010: no permit limit or monitoring frequency violations occurred B. By month, list of the number and type of any violations of permit conditions, environmental regulations or environmental laws, including (but not limited to): 1. Permit Limit Violations (NOVs and Civil Assessments): January — December 2010 — no other violations occurred, with the exception of April 21, 2010. April 21, 2010 - NOV-2010-PC-0541 was issued from the DWQ ARO from an inspection conducted on 4-21-2010. Permit condition issues were cited (see D. below). 2. Monitoring and Reporting Violations (NOVs and Civil Assessments) (illegal) bypass of treatment facilities* January — December 2010 - no monitoring and reporting violations occurred 3. Sanitary Sewer Overflows (SSOs)* (NOVs and Civil Assessments) *Note estimated total monthly volumes and locations of events in which more than 1,000 gallons of waste reached surface waters. January — December 2010 — no SSOs or violations ocurred C. Description of any known environmental impact of violations: January - DecembeP2010 — none known D. Description of corrective measures taken to address violations or deficiencies January — December 2010 — no violations & none required, with the exception of April 21, 2010. April 21, 2010 — DWQ Inspection issued a Notice of Violation for the following cited permit conditions: 0 Operation and Maintenance: Cited: No indication of process control tests being conducted was observed during the inspection_ Response: The operator log showed documented process control settleability tests and field testing parameter results during the previous and following months. Copies of the operator log with these results and other notations were mailed to DWQ ARO on 5-13-2010. Aeration Basin: Cited: Several diffuser drop lines were observed during the inspection that were inoperable. Response: The 8 air diffuser drops, from the air header, in . the aeration basin were repaired with 7 stainless steel bands/covers to prevent air leaks. The dissolved oxygen levels in the aeration basin after repairs indicated optimal levels. Sludge Disposal: Cited: Documentation as to proper wasting and disposal of residual sludge from the VWVTP was not available during the inspection. Response: Wasting and pumping by commercial hauler (Able Septic Tank Service was documented in the log book on 3-17-10 for 1500 gallons and on 10-29-10 for 1500 gallons. Copies of the work orders, billing receipts and log book were mailed the the DWQ ARO. Flow Proportional Composite Sampling: Cited: No documentation was provided at the time of the inspection to indicate influent and effluent samples are collected proportional to flow at a minimum of 100 ml aliquot(s) during sampling. Response: The ISCO 3230 bubbler flow measuring and totalizing equipment was last calibrated on 4-27-2010 by J. Thurman Horne, P.E. The ISCO 1580 composite sampler & connection to the flow meter were also tested. The sampler was verified to pull an aliquot of sample every 1000 gallons. Both ISCO's were working fine. Copies of the calibration record and engineer's report were mailed to DWQ ARO. Field parameter sampling and analysis for total residual chlorine: Cited: The ORC did not perform the analysis in accordance with approved sample handling and analysis methods. Response: Tissue wipes were- purchased and are now being utilized to analyze total residual chlorine. III. Notification A copy of the System Performance Annual Report -(SPAR) is available upon request from the Town Clerk located at the Town of Hot Springs' Town Hall. IV. Certification A. Certified Operators in Responsible Charge: Certified ORC: Randy A. Joseph Cert. ## 15506 WW — II Cert. # 26903 CS - I Back-up ORC: Christopher M. Ladd Cert. # 10880 WW — I Cert. # 13877 CS - III Cert. # 985834 PC - I B. Statement by a responsible official certifying the report is accurate and complete: I, Sidney Harrison, certify that this report is accurate and complete, to the best of my knowledge. Signature of responsible official and date of report: Kim 4 QSte/D_ ZQ/� date Vie---. NCDENR t r North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director SURFACE WATER PROTECTION SECTION March 15, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9097 Mayor Sydney Harrison Tovv7i of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCSDO086 Town of Hot Springs Hot Springs Collection System Case No. DV-20.10-0025 Madison County Dear Mayor Harrison: Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,067.00 ($4,000.00 civil penalty + $67.00 enforcement costs) against Town of Hot Springs. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Hot Springs. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSDO086 and G.S. 143-215.1(a)(1). The violation/s that occurred are summarized in Attachment A to this letter. On January 20, 2010 staff members with the Asheville Regional Office observed the discharge of untreated sewage from a cracked pipe at the Towns Silver Mine sewage pumping station. The town was advised to fix the,problem and submit a 5-day SSO report. An incomplete report was submitted to the Asheville Regional office twelve (12) days after the sewage spill was observed. ,a IURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 76, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296-4500\ FAX: 828-299-7043 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org f An Equal Opportunity 1 Affirmative Action Employer :1SWP\Madison\Collection Systems\Hot Springs Collection System\DV-2010-0025.doc Form CS-SSO- Collection System Sanitary Sewer Overflow Reporting Form states that the form shall be submitted to the appropriate DWQ Regional Office within five (5)-days of the first knowledge of the sanitary sewer overflow (SSO). The form also states if an SSO is ongoing, the Regional Office must be notified on a daily basis until the SSO can be stopped. No complete written report has been received by the Regional Office documenting that the SSO was stopped and that repairs have been made. North Carolina General Statute 143-215.6 provides for civil penalties of up to $ 25,000 for discharging sewage without a permit. The same statute empowers a State agency -to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. Based upon the above facts, I conclude as a matter of law that Town of Hot Springs violated the terms, conditions or requirements of Collection System Permit WQCSDO086 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Hot Springs. Within 5 days of the occurrence, provide a written report describing $4,000.00 the overflow or bypass, including all information requested on form CS-SSO- under 15A NCAC 2B.0506 (a). $ 67.00 ENFORCEMENT COST $4,067.00 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- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any co__.__ wing or new violation(s). Please subrrl,. payment to the attention of: Daryl Merritt PERCS Unit. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the 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. 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 and agreement 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 NCGS 14313-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, -North Carolina - 27699-1617 Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa. N.C. 28778 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings. 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND Mail or hand -deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 I 1 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. 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 Jeff Menzel of the Asheville Regional Office at (828)296-4500.. . . ,-� - - 4- Roger V Edwards Water Quality Regional Supervisor . Asheville Region Division of Water Quality ATTACHMENTS cc:Regional-Supes� Public Information Officer PERCS Unit Enforcement File w/ attachments Central Files w/ attachments STATE -OF NORTH CAROL>_.A ENVIRONMENT DEPARTI _ __'fT OF COUNTY OF MADISON TOWN OF HOT SPRINGS IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) AND AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING HOT SPRINGS COLLECTION SYSTEM ) STIPULATION OF FACTS PERMIT NO.: WQCSDO086 ) FILE NO. DV-2010-0025 Having been assessed civil penalties totaling $4.067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 15, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE no] ATTACHMENTA Town of Hot Springs CASE NUMBER: DV-2010-0025 PERMIT: wQCSD0086 . FACILITY: Hot Springs Collection System COUNTY: Madison REGION: Asheville Other Violations MONITORING VIOLATION PENALTY REPORT 'AREA DESCRIPTION DATE VIOLATION TYPE 4,000.00 CSO/SSO(Sewer Overflow) Discharge without valid permit 01/20110 Discharge without valid permit JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2010-0025 County: MADISON Assessed Party: TOWN OF HOT SPRINGS Permit No.: WQCSDO086 Amount Assessed: $4,067.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 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 (L 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: Mayor Sidney Harrison Clerk Nancy Thomas February 15.2010 / 17f Town of Hot Springs PO Box 218 Aldermen Hot Springs, NC 28743 Kenny Ramsey Phone. 828 622 7591 Johnny Lawson Fax., 828 622 7408 Harold Ammons NCDENR Division of Water Quality Surface Water Protection Section Asheville Regional Office 2090 US HWY 70 Swannanoa, NC 28778 To Whom it may Concern, 7 } n'�..i � 5: i �su++.'r•. •r t \ ✓ �.:.w-M �3yy��-� FED 22 2010 1 d+_wa VIA .I ER Q! ALITY SEC T IQN LLE A G7. L C F[C•E On January 20. 2010. NCDENR did- an inspection in Hot Springs, and found a small sewage leak at the Silver Mine Lift Station. After discovering the leak, the Maintenance Department dug it up immediately and found a cracked elbow. The elbow was replaced, tested and covered up. The leak only had occurred when the pump was actually pumping, and at no time did we make an outlet into the waters of the State. At this time I filled out a spill form. I was not familiar with this form previously, and some parts were incomplete when received by your office. Mr. Jeff Menzel called me and we went over the form. I answered all his questions and assumed the matter had been taken care of. On February 4th., the Town of Hot Springs received a" Notice of Violation and Intent to Enforce." The leak had been repaired and we thought we had been compliant with all State requirements. I then called Mr. Menzel, and he explained to me that verbal notice over the phone was unacceptable. Only at this time did I learn that a written notice was to be submitted explaining how the SSO was repaired. Page 2 We now are aware of this policy, and have every intention to co- operate with the NCDENR regarding this and all policies. I also want to invite you back to Hot Springs. We can review the forms, and return to our stations so you can see for yourself that they are being maintained and running efficiently and ensure they are meeting all your guidelines. Sincerely. A i Sidney Har ison, Mayor Scott Ricker, Maintenance Supervisor NCDENR North Carolina Department of Environment and Natural Resources Division of.Water Quality Beverly Eaves Perdue Coleen Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION' . February 4,. 2010• CERTIFIED MAIL RETURN RECEIPT REQUESTED—. € 7007 1490 0004 0713 8366 Mayor Sydney -,Harrison .Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743-0218- . Subject: NOTICE OF VIOLATION and INTENT TO ENFORCE NOV-2010-DV-0062 Town of Hot Springs Permit Number WQCSD0086. Wastewater Collection System Madison County Dear_ Mayor Harrison - . North Carolina General Statute 143-215(a). (1) prohibits the making of an outlet into they waters of the'..,tate without first securing a permit from the North Carotin Environmental Management'Commtssion. `On January 20, 2010'staff members with the.Asheville Regional Office observed the, discharge of untreated.sewage from a cracked pipe at the Town's Silver Mine sewage pumping station. The town was -advised to*fix the problem and submit a 5-day, SSO report. An, incomplete report was submitted to the Asheville Regional office twelve (12) days after the sewage spill was observed. Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form states that the form shall be submitted to the 'appropriate DWQ Regional Office within five (5) days of the' first knowledge of the sanitary sewer overflow (SSO). The form also states if an SSO is ongoing, the Regional Office must be notified on a daily basis until the SSO can be stopped. _,,SURFACE WATER PROTECTION SECTION'-ASHEVILLE REGIONAL OFFICE one Q1`—Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NOI t11CarOhlla Phone: : w 29 ncwat Y FAX: .or 299 70431 Customer Service: 1 877 623-6748 AaAa N����ntemet: www.ncwaterquality.org . ` - An Equal opportunity I Affirmative Action Employer } Mayor Harrison 2/04/2010 " Page 2 F . No complete written report has been received by the Regional Office documenting that the SSO was stopped and that repairs have been made. North Carolina General Statute 143- 215.E provides for civil penalties of up to $ 25,000 for discharging sewage without a permit. The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. The'Asheville Regional Office is considering the assessment of Civil Penalties against the Town of Hot Springs for the discharge of wastewater without a permit. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. Should you have questions or need additional information, please contact Jeff Menzel at (828)296-4500 . d 7h Vii C-m4ti<. AR'O, Files - f PERCS Unit- Central Sincerely, Rolger�C. Edwards, Regional Supervisor - Surface Water Protection Section Division of Water Qt,T'qlity Asheville RegionaQ-,e,, Mroar06WolMA"1'AIWVDA't"A\DEMWU%MadisnnlHot Springs Collection SVstem\NOV 2009 DV 0299.doc ) i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MADISON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING TOWN OF HOT SPRINGS ) AND STIPULATION HOT SPRINGS COLLECTION SYSTEM ) OF FACTS PERMIT NO. WQCSDO086 ) FILE NO. DV-2009-0050 Having. been assessed civil penalties totaling $4,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 25, 2009, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment: document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of December, 2009 Larry VAe Attorney for the Town of Hot Springs 501 BB&T Building Asheville, NC 28801 (828) 253-3661 LAW OFFICES LEAKS, SCOTT & STOKES 501 BB&T BUILDING A.E. LEAKE LARRY LEAKE ASHEVILLE, NORTH CAROLINA 28801 1911 -1992 WARD D. SCOTT (828) 253-3661 MARSHALL OFFICE JAM IEA. STOKES P.O. BOX 451 MARSHALL, NC 28753 TELEPHONE (828) 649-3883 December 29, 2009 Pretreatment Emergency Response and Collection systems Unit Division 01= water Quality 512 North Salisbury street Raleigh, Nc: 27604 Re: .DV-2009-050 Town of Hot springs Gentlemen: Roger C. Edwards Division of water Quality Asheville Regional office 2090 U.S. Highway 70 swannanoa, NC 28778 Please find attached a justification for remission request for the above referenced civil penalty, along with wavier of right to an administrative hearing. These forms are being submitted by me to you in my role as attorney for the Town of Hot springs. The Town has asked to me to express to the Division its appreciation for its continuing efforts to ensure the quality of life for the citizens of Hot springs and the state of North carolina. Thank you for your time and consideration to this matter. with kindest regards, I am LL:amm xc: Kenny P.amsey D EC 3 1 2009 ( ( WATER QUALITY SECTION ASHEVILLE REGIONAL OFr:fr'r- JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: DV-2009-0050 County: Madison Assessed Party: TOWN OF HOT SPRINGS Permit No.: WQCSDO086 Amount Assessed: $4067.00 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 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 gpplied to the detriment of the .petitioner (the assessment factors are listed in the civil penalty assessment document): X (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); X (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); X (d) the violator had not been assessed civil penalties for any previous violations; X (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). EXPLANANTION (attach additional pages as necessgy): The overflow in question occurred as a result of the main pumps ceasing to properly operate at the pump station. The Town pulled the main pumps placing a bypass pump which was properly working initially, while the Town's maintenance person repaired the main pumps. However, unfortunately, the bypass pump sucked up metal, while the main pumps were under repair, locking up, causing the pump station to fill up and overflow for a few hours. Without question, the pump station did overflow and run off for a brief period of time and may have reached a stream. The Town recognizing the seriousness of this situation and in order to make certain that same does not occur again has chosen to install at this station all new pumps at a cost of approximately $8555.33, just for the actual equipment, not including the cost to the Town of its employee installing the equipment. You will find attached receipts from General Equipment Rental, LLC, HDSWW- Asheville NC, Carolina Pump Works, LLC and Hot Springs Home and Garden verifying there expenditures. In addition, the pipe that overflowed and caused emission into the stream has been completely removed at a cost to the Town in excess of $1000.00. Now, as to the omission on the part of the Town, of which the Town Board is most shocked and chagrined; to wit, the failure to report the occurrence, the Town's maintenance person, Scott Ricker, did report the spill, but he reported it to the wrong individual. As you will note from the enclosed letter from Gordon Randolph, Emergency Management Director for Madison County, he was advised of same by the Town on October 7, 2009. The maintenance employee has been specifically directed that should there be any such occurrences in the future, and hopefully there will not be, that prompt and immediate report of same should be made to the regional staff of DENR. The Town of Hot Springs's water and sewer department is operating at a current deficit of $15,000.00 with a total budget of only $80,000.00. To be quite candid, if the Town of Hot Springs is required to pay the assessed $4067.00 penalty, it will significantly jeopardize the ability of the Town to provide the quality water and sewer service to the citizens of the Town and to protect the general public, which both the Division and the Town desire. The Town certainly recognizes its failure to properly report and in all candor recognizes in hindsight, that rather than trying to continually patch up the existing pumps at this station, it should have gone ahead and bit the bullet and incurred the necessary costs. It is the Town's hope that the Division will see fit to remit the penalty which has been imposed against the Town. The Town has never had such a penalty assessed against it prior to this time, and pledges that it will not have another such penalty assessed. 12/22/2009 22:27 6227408 f � 1 � rHlaC UG t` Statement Date: 10101/Os 15188 GENERAL EQUIPMENT RENTAL, LLC October 01, 2009 289A MERRIMON AVENUE Printing Date: 10/01/09 P.O. BOX 326 WEAVERVILLE„ NC 28787 , (828)558-2334 Remit to: GENERAL EQUIPMENT RENTAL, LLC TOWN OF HOT SPRINGS""` 289A MERRIMON AVENUE PO BOX 218 P.O. BOX 326 HOT SPRINGS NC 28743 WEAVERVILLE, NC 28787 DATE INVOICE# LOC DESCRIPTION AMOUNTS CREDITS BALANCE 09/24/09 102326 GER PUMP, DIAPHRAGM-31NC 213.35 0•00 Amount Allocated 213.35 Remalning •-*t mpplied f°ayments''" �PPROVE� FOQ PAYMENT Current 30 Deys 60 Days 90 Days 120 Days Total Due 213.35 0.00 0.00 0.00 0.00 213.85 12/22/2009 22:27 6227408 roll LIVI7 wll1S ra nrleln" I v1 I rtewni I �N � Date dared pate Shipped Customer PO No. 10/Oom 10/06/09 quantity Product Code Description Ordered 2404F200C UFAZ00-C 4 uNI-FLG 4.80 DIP 1 2 24AFBNGF04RA 4X1/8 FLG ACC RR FF 21AMF80415001 UFR1.500-4-1 RETAINER RED 4.50-4..80 OD 2lAMMJR04 4" MJ REGULAR ACC SET 21AMMJT04 4" MJ TRANSITION ACC SET 2104S112T 4 MJ UP SLEEVE CP DI C153 21049M 4 MJ 90 BEND C/L CP DI C153 21AMF8041400D1 GLAND DIP FORD WEDWEDGEACTION 020414W 4 C900 DR14 PVC PIPE (G) MARKINGS PC200 OR PC305� R350 DI PIPE G/L 0104350T 4 TJ P n A MIS N 1 Jpp Name LI Jab No. _..We appreciate your prompt payment. (� Shi ed Via Order Numb I;�>ii of Ladln WILL CALL 9633646 / Back- price Per Amount i Ordered 34 1 34.37000 EA 2 8.50000 EA 17 22.87000 EA 45 181 1 This transaction Is gavarnelt by and sub)Act to ND Supply Waterworks Standard terms and conditions, which are Incorporated herein by this reference and accepted. To review these terms and conditions, please point your web browser to http.-Ilwaterworks-hdaupplY..COMFrAndC/- I �-� n.I;Qry ' Handling Restock Misc. HDSWW - ASHE1/ll l f= NC THANK YOU FOR YOUR ORDER VISIT Branch - 017 WATERWORKS.HDSUPPLY.COM 1120 Sweeten Creek Road Asheville NC 2BE103 0000 FOR OTHER SERVICES OFFERED 0001:0002 N/C EA 8.04000 EA 61.94000 EA 6 65.36000 EA 6 17.98000 EA 8 2.880001 FT 17 10.850001 FT I 1 < Terms NET 30 690.45 lax ` $743.9fi ■ 53.51 9633646 Page 1 12/22/28H9 22:2! bLlf4bd I Frs/r/f% ►Vp r-V1 r r/tl %aJa)J r SUS IS l)/ IV JG1 VC r VU We appreciate your prompt payment Pate Ordered Date Shipped Customer PC °No. Job Name Job No. &W&FLadling Shipped Via 10rdet Numbi 1U/12I09 10l12/09 I WILL CALL 9662255 Product Code Description Quantity Ordered Quantity Shipped Sack- Ordered Price Per Amount �420.1 4307GPT10PB T-10 5/13X3/4 USG PB PBC MTR NE 10 -10 42.00000 EA POLYMER BOTTOM, POLYMER BOX & COVER ED2831RSG1 THREADED ENDS, DIRECT READ LOW LEAD 3907C1433G C14-33G 3/4 CPLG FIPXGJCTS 6 8 9.98000 EA ,59. 3907CB433G C84-33G 3/4 CPLG MIPXGJCTS 6 6 9.50000 EA 57. 4407MC 314 METER CPLG (EACH) 10 10 5.45000 EA 54. 7460001050150 3/4" TPIS 6000 SERIES COMP CPLG 2 2 9.30000 EA 18. #6000-1050-150 0.0 1.05 7460000840150 1/2" TP'S 6000 SERIES COMP CPLG 2 2 8.37000 EA 16. #6000-0840-150 O.D .0840 72244010503 244-010503-000 3/4X3 REDI-CLMP 2 2 23.513000 EA 47. OD 1.05 72244010506 244-010506-000 314X6 RED[-CLMP 2 2 49.86000 EA 99. OD 1.05 Rn this transaction is governed by and subject to HD Supply Waterworks standard terms Terms SubTotal tnd conditions, which are incorporated herein .by this reference and aacepted. ro review these terms and conditions, please point your web browser to NET 30 773.60 ittp://waterworks.hdsupply.coi-n TandC/. Krei ht Delivery.Handling Restock _ Misc. M, Tax $833.55 59.85 NDSWW - ASHEVILLE NC Branch - 017 1129 Sweeten Creek Road Asheville NC 211803 DDOD 9001:0001 THANK YOU FOR YOUR ORDER VISIT WATERWORKS.HDSUPPI_Y,COM FOR OTHER SERVICES OFFERED r 9662255 Page 1 of 12/22/2009 22:27 6227408 -Return Top Portion With Payment For F& ,:Credit n te ZrOrdered Date Shipped CustoPO No. Job 21 � 0106109 10/06/09 product Code Description AMF80415001 _ UFR1500-4-1 RETAINER RFD 4.50.4.80 OD 0 rHlat • r,� rwk you For the upporrunlryio J,vu. We appreciate your prompt payment Job No. Biil of l_adin Shi adOrder Numbr U9633716 Quantity Quantity Back Price Per Amount Ordered Shipped Ordered :: n a 22.87000 EA 66.1 This transaction Is governed by and subject to HD Suppry Waterworks standard terms and conditions, which are Incorporated herein by this reference and accepted. To review these terms and conditions, please point your web browser to http:/Iwaterworks.hdsu pply.comrrandC1. Frei ht DeliveryHandlingRestock Mist:. 13,07. HDSWW - CHARLESTON SC - C THANK YOU FOR YOUR ORDER Branch- 210 VISIT 4935 Banco Rd WATERWORKS.HDSUPPLY.COM Charleston SC 294,18 0000 FOR OTHER SERVICES OFFERED 0062:0002 Terms -7uu vac NET 30 68.61 Tax ' 5.32TOTAL $87,00 9833716 Page 1 01 12/22/21309 22:27 6227408CAR O LINA PUMPWORKS, LLC Invoice PO Box 1354 Date Invoice # Beaufuirt, South Carolina 29901 843-SZ2-9600 . 9/27/2009 I519 (F)- 843-522-9 - FTSh1ptS0 FAZtia; ot Splriugs I1ot Sptrimgs Riker ccounts Payable )186 Bridge Street dge Street Hot Springs, NC 28743 Hoprings, NC 28743 Rep Ship Via F.O.B. Project P.O. Number Terms PP/ADD Simplex 7.5-HP Pu .. SCOTT RIKER Net 30 Hale 9122/2009 Estes . Item Code Description Price Each -Amount Quantity 4,639.00 4,G39.00'T 1 CtLStojM Enginoece... SIMPLEX SUBMERSIBLE WAS'TEWAT R PUMP STATION TO INCLUDETHE FOLLOWING. I _ KEEN 7-5-HP SEWAGE PUMP 1- GUIDE RAIIr SYSTEM - 4" PIPING 1- SIMPLEX PUMP CONTROL PANEL 2 - SST Z" GUIDE RAIL PIPES I - SST LITTING CHAIN ASSEMBLY 3 - pLOAT SWITCHES - 30' CORDS 1- SST FLOAT SWITCH BRACKET 0.00 0.00 I Sblpping 8t Mandl... PIE -PAID FREIGHT TO JOIBSITE 7.75 359-52 °/a Sales Tare 000 TERMS NET 30 DAYS, 1.5%PER MONTH SERVICE CI#ARGE W17-I' BE ppDED TO i T DUI: ACCOUI`I tS AS WELL AS ALL COSTS AND EXPENSESCOI.I.I:CT 0�1 IN Total $4,99s.52 GOI,LEC WG AMOUNTS DUE, INCLUDING ATTORNEYS A.ND Tease Rem[t payment To: FEES. PLEASE PAN' FROM THIS INVOICE. NO STATEMENT WILL BE ISSUED- Pry Boa 1354 . Beaufort, SC 29901 I 12/22/2009 22:27 6227408 HOT SPRINGS DOME&GARDEN PO BOX 609 HOT SPRINGS N.C. 28743 PHONE(828) 622-7467 BILL TO TOWN OF HOT SPRINGS PO BOX 218 HOT SPRINGS, N.C. 28743 ITEM DESCRIPTION OTY 80LB RTU 801.E RTU 18 wasp spray wipers [pd) 2 plumbing rope 20 cleaner plumbing PVC PIPE PIPE 1 1/4 plumb/elect/bits/pump supplies 1 CON.PVC I OFT 1 1 /4° CON. PVC 1 OFT 1 211 F 0� subtotal DATE 10/5/09 RATE 4.49 7.95 0.15 9.95 5.65 10.70 invoice INVOICE* 6249 W/5 DUE DATE 10/5109 AMOUNT 80.82T 4.89T 15.90T 9.89T 3.00T 15.14T 7.56T 9.95T 113.32T 5.65T 10.70T 276.82 21.45 298.27 12/22/2009 22:27 6227408 001 26qft SCCITT RIOKER SHOP PRODUCTNO I99= 4A2600601 " FLG CHK VLV L&W A-2600-6-01 4FK 4" FLG ACC KIT FF 1/6" RR 4UNI 4" UNI-FL(3 ADPT DIP UFA200-C •r dap 4 FL�A� M�N� - Q Pickup •t • SHOP 211594 001 11 /11 /09 jam QUANTtTY UNIT PRICE EA 1 1026.000.0 EA 2 8.5000 EA 2 36.1300 10 RETURNS ACCEPTED WITHOUT PRIOR AUTHORIZATION. ALL CLAIMS FOR DAMAGE MUST BE FILED WITH CARRIER. ,LL BAI,,ES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE ON THE REVERSE SIDE. 00 GREEN'IN 2009. WE CAN FAX OR. EMAIL YOUR VVOICES AND STATEMENTS TO YOU. CONTACT YOUR :REDIT MANAGER TO GET THIS STARTEb. )001:0001 a aC C10 1 ■ •' SHIP DAT FXTFNDED PRICE 1,025.0 17.0 72.2 86.3 $0.0 $0.0 00.6 Page 1 of 1 12/22/2009 22:27 6227408 i HOT SPRINGS HOME&GARD f-N PO BOX 609 HOT SPRINGS N.C. 28743 PHONE(828) 622-7467 BILL TO TOWN OF HOT SPRINGS PO BOX 218 HOT SPRINGS, N.G. 28743 ITEM DESCRIPTION pluming /elecpitt station] plumbing hardware lock/paint r-� DATE 10/16/09 Q7Y RATE 8ubtatal 7:75% 7.00 Total Invoice INVOICE # 6259 DUE DATE 10/16/09 AMOUNT 113.'17T 30.15T 13.00T 10.80T 167.12 12.95 180.07 madison County Emergency ManaW meat and Fire Marshal Gordon Randolph, Director 5707 US 28170 Nwy, SUite E. Room 16 Marshall, NC 2769 (BZB) 649-9Baa Cull #. (629) 206-7010 grandalph@madisoncountync,org 12/29/2009 Larry Leake 501 BB&T Asheville, N.C. 28801 Dear Mr, Leake; On Wednesday afternoon October 7, 2009 1 received a call from Scott Ricker. He works for Hot Springs Public Works. Mr. Ricker stated they had had a minor sewer release at the sewer pump station theyat the Spring Creek location. He d d not need any resources from also me 1 did not problem had been repaired an respond to the scene, Sincerely, Gordon Randolph A, 0 , "'O� � TO 'aC1H.-1 W3 NOSICIVW 6b9E6ti98Z8 8b.81 690Z/6Z/ZZ vZo MCDENR AF A-'o� jv North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 25, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7007 1490 0004 0713 9632 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743 r 1 FILE Copy f Natural Resources SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit WQCSDO086 Town of Hot Springs Hot Springs Collection System Case No. DV-2009-0050 Madison County Dear Mayor Norton: This letter transmits an assessment of civil penalty in the amount of $4,067.00 ($4,000.00 civil penalty + $67.00 enforcement costs) against Town of Hot Springs. Dee Freeman Secretary This assessment is based upon the following facts: The Town of Hot Springs failed to submit a 5- day report for the sanitary sewer overflow which was observed by Regional staff on 10/07/2009. Permit requirements state that a 24-hours verbal notification is required followed by a 5 day report. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit WQCSDO086 and G.S. 143-215.1(a)(1). The violations that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Hot Springs violated the terms, conditions or requirements of Collection System Permit WQCSDO086 and G.S. 143- 215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A, a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality SURFACE WATER PROTECTION SECTION—ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 North Carolina Phon • 8-296-45001FAX:828.299-70431CustomerService:1-877-623-6748 An Equal oppartualtylAtOrmative Action Employer G:IWPDATAIDEMWQ1MadisonlHotSprings Collection System �/ �/ g g Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Town of Hot Springs. $4,000.00 TOTAL CIVIL PENALTY $67.00 ENFORCEMENT COST $4,067.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 1. Submit a written request for remission or mitigation 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 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. 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 and agreement 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 NCGS 14313-282.1(b) was 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 whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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: Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Roger C. Edwards Surface Water Protection Section Supervisor Division of Water Quality Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 L 1 XV 2. File a petition for an administrative hearing with the Office of Administrative Bearings: 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 U1if Mail or hand -deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 WE Pretreatment Emergency Response and Collection Systems Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 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. 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 Jeff Menzel of the Water Quality Section staff of the Asheville Regional Office at 828-296-4500. 112 e. Da e f R gi al Supervisor Water Quality Regional Supervisor Asheville Regio5, ATTACHMENTS cc Regional Supe v s�or wl attachrnen ' PERCS Unit Enforcement File w/ attachments Central Files w/ attachments i r^ STATE OF NORTH CAROLINA DEPARTMENT ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MADISON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOWN OF HOT SPRINGS HOT SPRINGS COLLECTION SYSTEM PERMIT NO. WQCSDO086 WAIVER OF RIGHT TO AN AI➢MINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2009-0050 Having been assessed civil penalties totaling $4,067.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 25 , 2009, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE Im JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2009-0050 Assessed Party: TOWN OF HOT SPRINGS Permit No.: WQCSD0086 County: MADISON Amount Assessed: $4,067.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 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: ATTACHMENT A Town of Hot Springs CASE NUMBER: DV-2009-0050 PERMIT: WQCSDO086 FACILITY: Hot Springs Collection System COUNTY: Madison REGION: Asheville Other Violations MONITORING PENALTY REPORT AREA DESCRIPTION 4,000.00 CSO/SSO(Sewer Overflow) SSO at Red Bridge Sewer Pump Station VIOLATION DATE VIOLATION TYPE 10/07/09 Discharge without valid permit i Town of Hot Springs Mayor PO Box 218 Alderman Johnny Norton Hot Springs; NC 28743 Kenny Ramsey Clerk` Phone: 828 622-7591 Johnny Lawson Nancy Thomas Fax: 828 622-7408 Harold Ammons--- ',­­ ' November 6, 2009 i To: NOV 1 2 2009 Mr. Roger C. Edwards, Regional supervisor Surace Water Protection Section I WATER QUALITY SECTION Division of Water -Quality _ - P,SNE/IEEE REGIONAL OFFICE Asheville Rgional Office 2090 U.S. HWY 70 Swannanoa, NC 28778 Mr. Edwards, This letter is in response to.your letter of Oct. 21, concernin'g the discharge of untreated sewage for a wet well overflow pipe at the Towns Red Bridge. As of October 26, 2009, the Maintenance Department of Hot Springs sealed the Red Bridge pump station wet well overflow pipe. Details and pictures of this process are available upon request. Please contact number above for any further information concerning this matter. Sincerely, hnny Norton Mayor, Hot Springs, NC Beverly Eaves Perdu Governor -A" j�' ItA* I . - RC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality e Coleen H. Sullins Director October 26, 2009 RANDY A JOSEPH - TOWN OF HOT SPRINGS PO BOX 218 HOT SPRINGS NC 28743 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Hot Springs Collection System Permit Number: WQCSDO086 Case Number: CV-2008-0012 Madison County Dear Mr. Joseph: Dee Freeman D E C E --- o 11 OCT 28 2009 i - WATER QUALITY SECTION �ASHEVILLE'REGIONAL OFFICE This letter is to acknowledge receipt of check number 57591 in the amount of $1,338.06 received from you dated October 23, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Tom Ascenzo at 919-807-6398. - cc: Central Files QWQ Asheville.Regional Off ce 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 NOrthQtrohiia. - Internet: wwvi.ncwaterquality.org � An Equal Opportunity \ Affirmative Action Employer ��s , aa,..?aa� NCDENR North Carolina Department of Environment and. Natural.Resources Division of..Water Quality. Beverly Eaves Perdue_ Coleen Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION October 2.1, 2009 . CERTIFIED -MAIL RETURN RECEIPT REQUESTED'— 70071490.0004 071.3 8809. Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743-0218 Subject: NOTICE OF VIOLATION and INTENT TO ENFORCE NOV-2009-DV-0299 Town,of Hot Springs Permit Number WQCSDO086 Wastewater Collection System Madison County Dear Mr. Norton: t. t North Carolina General Statute 143-215(a) (1) prohibits the making of an outlet into the waters of the State without first securing a permit from the North Carolina Environmental Management Commission. On October 7, 2009 a staff member with the Asheville Regional Office observed the discharge of untreated sewage from a wet .well -overflow pipe of the Town's Red Bridge sewage pumping station. The overflow pipe was first observed on January 19, 2007.. On January 25, 2007 it was reported to us that the pipe had been sealed. Again on October 22, 2008 an Sanitary Sewer Overflow (SSO) was observed from this location. 15 A ­NCAC 02B.0506,(a)(2)(A) requires that "any failure of a collection system, pumping station or treatment facility resulting in a by-pass without treatment of afl or any portion of the Wastewater'; be reported by telephone ,to the Asheville Regional Office, or Central Office .within 24 hours of the SSO or first knowledge of the SSO. SURFACE WATER PROTECTION SECTION-ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 NorthCarolina Phone: 828-296.45001 FAX: 828-299-70431 Customer Service:1-877.623-6748 - '/N���� Internet: www.newaterquaiity.org Nat An Equal Opportunity l Affirmative Action Employer As of this date no report has been received by this office of this SSO, and no written report has been received. North Carolina General Statute 143-215.6 provides for civil penalties of up to $ 25,000 for discharging sewage without a permit: The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. The Town of Hot Springs is to immediately take steps to effectively and permanently seal the Red Bridge pump station wet well overflow pipe. The Asheville Regional Office is considering the assessment of Civil Penalties against the Town of Hot Springs for the discharge of wastewater without a permit, and failure to report a Sanitary Sewer Overflow (SSO). Please respond to this office. within fifteen days (16) from date of receipt of this NOV regarding this incident and the Town of Hot Springs plan to prevent further SSO's from occurring. Should you have questions or need additional information, please contact Don Price at (828) 296-4500 . Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc: ARO, Files Jeff Menzel, Division of Water Quality, ARO ��l,Pr cp Di ,isio -Lgf& atewQ;uaIityF,,0Z -3'ill \\NroarOG\voll\DATA\WPDA'I'A\DEMWO\Madison\Hot Springs Collection System\NOV 2009 DV 0299 doc NC®EN North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mayor Johnny Norton Town of,H t-Springs P ,ok 2'18 11 ot�Springs, NC 28743 Dear Mayor Norton: Division of Water Quality Coleen H. Sullins Director Dee Freeman >----� . Secretary September 30, 2009 t . OCT 1 2009 `: WATER QUALITY p `:.. ASHEVILLE SECTION REGIONAL OFFICE Subject: Request for Payment Civil Payment Assessment Town of Hot Springs Permit No. #W CSD0086 Case Numbe 2008-0012 Madison County The Division has acknowledged partial payment of $ 6, 798.13 on February 2, 2009, according to your cover letter dated February 2, 2009, the remaining balance of $ 1,338.06 was to be submitted by February 27, 2009. As of this date the Division has not received your payment. Submit payment of $ 1,338.06 with a copy of this letter to the address on the letter by October 30, 2009 in order to close out this case. If you have any questions or concerns regarding this letter, feel free to contact me at 919-807-6312 or if you prefer to e-mail at tom.ascenzo@ncdenr.gov. Sincerely, Thomas Ascenzo Environmental Specialist CC: Asheville--Regional-Office; SWP_SEetion-3 Central Files WQCSDO086 PERCS Unit file Pretreatment, Emergency Response and Collection Systems Unit Internet http://h2o.enr.state.nc.us/ndpu One 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 807-6300 Fax (919) 807-6489 NorthCarolina Natura!!rf DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper Davis,_ Roy From: Davis, Roy Sent: Thursday, q.�Lly 23, 2009 4:09 PM To: Ascenzo, Tom Cc: Edwards, Roger; Davis, Roy Subject,: RE: CV-2008--0012 Payment Tom: I spoke to Johnny Norton, Mayor of the Town of Hot Springs today. Johnny says that W.K. Dickson & Co. was supposed to pay the remaining $1,338.06. He called Karen Kiehna, with the Land of the Sky Regional Council who later left me a message to the effect that she would see that the remaining amount is paid. Let me know if you do not receive the proper check within a few weeks. Regards, Roy Davis Roy Davis - Roy.Davis@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Ascenzo, Tom Sent: Monday, July 20, 2009 10:19 AM To: Davis, Roy Subject: RE: CV-2008--0012 Payment Roy, not sure either. I have a memo dated Feb, 02, 2009 acknowleging the partial payment. I will talk with Daryl Merritt regarding this and get back to you. Tom From: Davis, Roy Sent: Friday, July 17, 2009 1:18 PM To: Ascenzo, Tom Subject: RE: CV-2008--0012 Payment Tom: Give me a call. I would like to know how $6,798.13 was arrived at. Roy Roy Davis - Roy.Davis@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Ascenzo, Tom Sent: Thursday, July 16, 2009 3:15 PM To: Davis, Roy Subject: CV-2008--0012 Payment Importance: High Roy, Case CV-2008-0012 Town of Hot Springs still has a remaining balance of $1,338.06. Can you follow up on this and get back to me.. Thanks. Tom Thomas B. Ascenzo Environmental Specialist North Carolina Dept. of Environment & Natural Resources PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699 919-807-6312 Please note new e-mail address : tom.ascenzo@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Davis, Roy From: Ascenzo, Tom Sent: Thursday, July 16, 2009 3:15 PM To: Davis, Roy Subject: CV-2008--0012 Payment Importance: High Roy, Case CV-2008-0012 Town of Hot Springs still has a remaining balance of $1,338.06. Can you follow up on this and get back to me.. Thanks. Tom Thomas B. Ascenzo Environmental Specialist North Carolina Dept. of Environment & Natural Resources PERCS UNIT 1617 Mail Service Center Raleigh, NC 27699 919-807-6312 Please note new e-mail address : tom.ascenzo@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0°I ITS«.., ✓.s-�-lC 1 / " �� v���`� � - - �4 _1 - �! - - ' �� . _ _� � �. A lO � �� `� '�.� g, .�- ,��, �. i _ � _ � - . �., - � � / :,`tip '.,4 _ '• t � �,.� , �� �� � 1 T= � ��a V �-- f D4 I r) 1) MAYOR TOWN OF HOT, SPRINGS ALDERMAN Johnny Norton Post Office Box 218 Harold Ammons CLERK Hot Springs, North Carolina 28743 Johnny Lawson Nancy Thomas Phone (828) 622-7591— Fax (828) 622-7408 Kenny L. Ramsey February 2, 2009 Mr. Daryl Merritt IRECEIVED Division of Water Quality PERCS Unit FEB - 5 2009 1617 Mail Service Center Raleigh, NC 27699-1617 RE: DWgCase Number CV-2008-0012 DENR - WATER OUALITYPOINT SOURCE BRANCH Town of Hot Springs Permit # WQCSDO086 Dear Mr. Merritt Please find attached check #1016 in the amount of $6,798.13 this is 83% of the total fine of $8,136.19. The balance of $1,338.06 the fine will be paid in full by February 27, 2009. Thank you for your understanding in this matter. Sincerely ?Johnny'Norfton,ayor CC: Karen Kiehna — LOSRC Roy Davis — NC DENR Brian Tripp — W. K. Dickson dr. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 5, 2009 THE HONORABLE JOHNNY NORTON MAYOR FOR THE TOWN OF HOT SPRINGS TOWN OF HOT SPRINGS PO BOX 218 HOT SPRINGS NC 28743 Dear Mayor Norton: Dee Freeman Secretary E c. E - FEB- 1 0 2009 1NATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Payment Acknowledgement Civil Payment Assessment Hot Springs Collection System Permit Number WQCSD0086 Case Number CV-2008-0012 Madison County This letter is to acknowledge receipt of check number 001016 in the amount of $6,798.13 received from you dated February 2, 2009. This payment has been applied to the above civil payment assessment, leaving a remaining balance of $1,338.06. Please be advised that partial �payment of penalties in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permit If you have any additional questions concerning renewal of the subject permit, please contact Daryl Merritt at (919) 807-6312. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES AA?sheviRE e"gio 00-ffiee/Surface Water Protection PERCS 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 One Phone: 919-807-63001. FAX: 919-807-64921 Customer Service:1-877-623-6748 NorthCarolina Internet: www.ncwaterguality.org "�T'j���y���/� An Equal Opportunity 1 Affirmative Action Employer Y �/ ` ` 4ot Springs Fine Payment Subject: Hot Springs Fine Payment From: "Karen Kiehna" <karen@landofsky.org> Date: Mon, 12 Jan 2069 09:1.7:31 -0500 To: "Roy Davis" <Roy.Davis@ncmail.net> CC: "Ryan Hager" <rwhager@wkdickson.com>, <townofhotsprings@verizon.net>, "Scott Ricker" <sricker04@verizon.net>, <btripp@wkdickson.com> Roy, The Mayor and Hot Springs Board of Alderman has asked me to contact you to coordinate the NC DENR Spring Creek/Silvermine Sewer System Improvement fine. The Town will have the payment made to NC DENR by February 13th Please email me or give me a call on my cell 828-215-2729 to confirm that this payment schedule is satisfactory. Thank you, Karen Karen A. Kiehna Senior Planner, Housing Land -of -Sky Regional Council 339 New Leicester Hwy, Suite 140 Asheville, NC 28806 828.251.6622 ext 137 828.251-6353 Fax Karen@landofsky.org www.landofsky.org 1 of 1 1/12/2009 1:24 PM 09 S'4 --3 9 2 O1/08/2009 11:13 FAX 8287572112 248963536647 008 t As representative for the responsible party, I certify that the information contained In this report Is true and accurate to the best of my knowledge. Person submifting claimDate: Signature: Title, QzO 4441 u �� Telephone Number_($ tip Any additional Information desired to be ubmitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the $SO with reference t the Incident number (the Incident number Is only generated when electronic entry of this form is completed. If used), r; la z 9', 70-113 75) " MSSO Form October 9. 2003 Page It Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department cv ronment and Natural Resources Coleen H. Sullins, Director E- Division of Water Quality 0 P Y SURFACE WATER PROTECTION SECTION December 12, 2008 CERTIFIED MA1L..._ RETURN RECEIPT REQUESTED — 7007.1490 0004 0798 9531 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743 SUBJECT: Assessment of Civil Penalty for Violation of General Statute Town of IIot Springs Case No. CV-2008-0012 Madison County Dear Mr. Norton: This letter transmits a notice of a civil penalty assessed against the Town of Hot Springs in the amount of $8;136.19 which includes $136.19 in investigative costs. The assessment document explaining this penalty is attached. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of: . Mr. Daryl Merritt Division of Water Quality PERCS Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 16"ail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 OR 2. Submit a written request for remission or mitigation 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 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. 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 and agreement 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Kr 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attachedassessment 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 Mail or hand -deliver a copy of the petition to Mary Penny Thompson, Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 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 you have any questions, please contact Roy Davis at (828) 296-4659. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Attachments A�.Shevi'l�le Reg=ionahOffi'ce-w/ attachments----� Enforcement File w/ attachments Central Files w/ attachments Daryl Merritt, PERCS Unit GAWPDATA\DEMWQ\Madison\Hot Springs Collection System\Constructionwp Permit2.doc J STATE OF NORTH CAROLINA COUNTY OF MADISON IN THE MATTER OF TOVNTN OF -HOT SPRINGS.. ------ -- FOR VIOLATION OF G.S. 143.215.1 (a)(2) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. CV-2008-0012 FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality (DWQ),1, Roger C. Edwards, Regional Supervisor, Surface Water Protection Section, Asheville Regional Office of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. The Town of Hot Springs is located in Madison County, North Carolina. B. On October 22, 2008, Roy Davis with the DWQ staff from the Asheville Regional Office (ARO) conducted a Collection System Compliance Evaluation Inspection at the Town of Hot Springs. Mr. Davis observed two sewage pumping stations under construction and the site for a third. One station was to replace the old Silver Mine pump station. The South Spring Street pump station, observed under construction, is to replace an aerial crossing. When completed the additions to the Town's sewer system would consist of three pump stations, 24 liner feet of 8- inch diameter gravity sewer, and 531 linear feet of 4-inch diameter force main. C. The Town of Hot Springs has no valid permit for the above -mentioned Pump Stations. D. On October 29, 2008 a Notice of Violation was sent to the Town of Hot Springs regarding this matter. Receipt of said Notice was acknowledged on November 5, 2008. A written response to the Notice of Violation was received on November 20, 2008. E. The cost to the State of the enforcement procedures in this matter totaled $ 136.19. Based upon the above Findings of Fact, I make. the following: II. CONCLUSIONS OF LAW: A. The Town of Hot Springs is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. The sewer system cited in finding of Fact I.B. above falls within the definition of same at G.S. 143-213 (15). C. A permit is required for the construction of a sewer system pursuant to G.S. 143- 215.1 (a) (2). In May of 2008 the Town of Hot Springs submitted a Fast -Track Application seeking permission to construct and operate three sewage pumping stations. On May 21, 2008 the Application was returned for a variety of reasons. Brian L. Tripp, PE, engineer to the Town for this project received a copy of the cover letter. The corrected Application was not returned until after the Town was senf a Nov-.- - _-_. D. The Town of Hot Springs may be assessed civil penalties in this matter- pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty- five thousand dollars ($25,000.00) per violation may be assessed against a person who is required but fails to apply for or to secure a permit required by G.S. 143- 215.1. E. The State's enforcement costs in this matter may be assessed against the Town of Hot Springs pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). F.- Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, Roger C.Edwards, Regional Supervisor of the Asheville Regional Office, Surface Water Protection Section of the Division of Water Quality has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, the Town of Hot Springs is hereby assessed a civil penalty of: $8,000.00 For constructing two sewage pumping stations without first securing a permit as required by G.S. 143-215.1 (a) (2). $136.19 Enforcement Costs $8,136.19 TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty.1 have considered the factors listed in G.S.143B-282..1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to -the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved.by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; (8) The cost to the State of the enforcement procedures: $136.19. Ro er C. Edwards Re tonal"----- — --- --..— . ----- _._-...._----------------�— - ). ------------- - -- ---- - - -- g Supervisor - Surface Water Protection Section, Asheville Regional Office Division of Water Quality JUST it XATION FOR REMISSION REQUE� T DWQ Case Number: CV-2008-0012 County: MADISON Assessed Party: TOWN of HOT SPRINGS Permit No. WQCSDO086 Amount Assessed: $8,1 36.19 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" f6rm to request remission of thncivil penalty. You shourd attach-any�ocuments 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 apply. 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. 143`B-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: 4. STATE OF NORTH CAROLi1NA COUNTY OF MADISON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST TOWN OF HOT SPRINGS PERMIT NO. WQCSDO086 DEPARTMi ;;N'' OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF (FACTS . FILE NO. CV-2008-0012 .Having been assessed civil penalties totaling $8.136.19 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 12, 2008,'the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to. an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of .SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Town of Hot Springs CASE NUMBER: CV-2008-0012 PERMIT: WQCSDO086 FACILITY: Hot Springs Collection System COUNTY: Madison R�EGION: Asheville Other Violations MONITORING VIOLATION PENALTY REPORT AREA DESCRIPTION DATEI VIOLATION TYPE i 8,000.00 Miscellaneous Questions Construction without a permit 12/05/00 Construction without permit P "DIVISION OF WAT'r n QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Town of Hot Springs County: Madison Case Number: CV-2008-0012 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Harm has not been identified due to the construction of this system especially since it has not been placed into service. The potential for harm exists when systems are installed that have not been reviewed and approved by appropriate agencies. If the sewer system is not designed or installed to meet Minimum Design Criteria, operational problems may occur that will affect public health, private property or the natural resources of the State. 2) The duration and gravity of the violation; the sewer system was being installed at the time of.the Collection System Compliance Evaluation Inspection of October 22, 2008. 3) The effect on ground or surface water quantity or quality or on air quality; No effects have been observed from the construction of this sewer system at this time. 4) The cost of rectifying the damage; Unknown. 5) The amount of money saved by noncompliance; Initially $480 for the Fast Track Permit Application fee. 6) Whether the violation was committed willfully or intentionally; willfully and intentionally. In May of 2008 the Tow of Hot Springs submitted a Fast -Track Permit Application seeking permission to construct three sewage pumping stations. On May 21, 2008 the Application was returned to the Town for several reasons. Brian L. Tripp, PE, engineer to the Town for this project received a copy of the cover letter. The corrected Application was not resubmitted until after the Town was sent a NOV. The Town states in its response letter that it was advised by thi Land of Sky Regional Council that "all permits and right-of-ways were finalized". 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; Civil Penalty LR-1990-0143 in the amount of $150. 8) The cost to the State of the enforcement procedures: $136.19 z $ Da e I R g C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office le: Hot Springs CPA Subject: Re: Hot Springs CPA From: Daryl Merritt <Daryl.Merritt@ncmail.net> Date: Tue, 09 Dec 2008 09:51:26 -0500 To: Roy Davis <Roy.Davis@ncmail.net> Hey Roy regional supervisors have delegation authority for CV cases. I usually just get a copy of the CPA after the region issues and then track the case until it is closed. Let me know if you have any other questions. Thanks Daryl Roy Davis wrote: IDaryl: We were under the impression that the Regional Supervisors have not been deligated the authority to assess CPs for constructing without a permt. Roy Daryl Merritt wrote: Hey Roy all the paperwork appears to be in order and the concurrent with previous assessments. One change.to make Roger when you go ahead and assess it is in the CPA in a know if you have any other questions. Thanks Daryl assessment amount is is from Jeff to few places. Let me Roy Davis wrote: Daryl: Attached is my idea of documents assessing Civil Penalties against the Town of Hot Springs for placing two sewage pumping stations under construction without first securing a permit as required by the General Statutes. We are of the opinion that $4.000 per pump station is an appropriate CP amount. Roy Davis Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of.Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-.299-7043 1 of 1 12/9/2008 10:17 AM Re: Hot Springs - permits Subject: Re: Hot Springs - permits From: Roy Davis <Roy.Davis@ncmail.net> Date: Tue, 02 Dec 2008 11:16:31 -0500 To: btripp@wkdickson.com, roger.edwards@ncmail.net, roy.davis@ncmail.net The letter represents what the Town wishes to tell us about events leading up to constructing two pump stations without a permit. It is now up to the Division of Water Quality to decide if civil penalties are appropriate. The Regional Office is inclined that the permit should not be issued until the matter of a possible civil penalty is decided. Roy Davis btripp@wkdickson.com wrote: Is it satisfactory and if so will you then issue the permit to construct? -----Original Message----- From: Roy Davis <Roy.Davis@ncmail.net> Date: Tue, 02 Dec 2008 09:32:34 To: Brian Tripp<btripp@wkdickson.com> Subject: Re: Hot Springs - permits Yes Brian Tripp wrote: Roy, Have you received a letter yet from the Town regarding their violations? Thanks. Brian L. Tripp, PE, DEE Vice President W.K. Dickson & Co., Inc. Community Infrastructure Consultants Phone - (828) 327-6911 Cell - (704) 517-5656 Fax - (828) 327-9164 Email - btripp@wkdickson.com www.wkdickson.com -----Original Message ----- From: Roy Davis [mailto:Roy.Davis@ncmail.net] Sent: Monday, November 10, 2008 1:23 PM To: Brian Tripp Cc: Karen Kiehna; roy.davis@ncmail.net Subject: Re: Hot Springs - permits Brian: When I returned the application, I returned the entire application. In addition to the map, what is missing from the current application is the design flow for each pump station. Design flow determines whether portable emergency power generators suffice. Roy Davis Brian Tripp wrote: Roy, We received your message as well. When we received your previous letter, we did not realize that there were additional deficiencies. We will be glad_to correct. And, we will be glad to send an additional map (i.e. there was one with the original application that we assumed you kept and 1 of 3 12/2/2008 11:17 AM Re: Hot Springs - permits rJ^' that is still valid for the project) Thanks. */Brian L. Tripp, PE, DEE/* */Vice President/* *W.K. Dickson & Co., Inc.* */Community Infrastructure Consultants/* Phone - (828) 327-6911 Cell - (704) 517-5656 Fax - (828) 327-9164 Email - btripp@wkdickson.com www.wkdickson.com *From:* Karen Kiehna [mailto:karen@landofsky.org] *Sent:* Friday, November 07, 2008 3:09 PM *To:* Roy Davis *Cc:* Brian Tripp *Subject:* Hot Springs - permits Roy, I got your voice mail and I am copying Brian Tripp so that he too will check his voice mail. Brian and I will connect so that we can get this project back on track. Karen Karen A. Kiehna Senior Planner, Housing Land -of -Sky Regional Council 339 New Leicester Hwy, Suite 140 Asheville, NC 28866 828.251.6622 ext 13.7 828.251-6353 Fax Karen@landofsky.org www.landofsky.org 2 of 3 12/2/2008 11:17 AM Re: Hot Springs - permits , d� I I Roy Davis - Roy_Davis@ncmail_net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(a),ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 3 of 3 12/2/2008 11:17 AM �w1 Town of Hot Springs Mayor PO Box 218 Johnny Norton Hot Springs, NC 28743 Clerk Phone: 828 622-7591 Nancy Thomas Fax: 828 622-7408 November 171h., 2008 To: Mr. Roger C. Edwards, Regional Supervisor Surface -Water Protection Section - Division of Water Quality Asheville Regional Office From: Town of Hot Springs Re: Notice of Violation Alderman Kenny Ramsey Johnny Lawson Harold Ammons Dear Mr. Edwards, This is in regard to the permit for the Hot Springs Sewer Project. The Mayor and Board of Alderman in Hot Springs were under the impression as per conversations with Ms. Kiehna, with Land of Sky, that all permits and right-of- ways were finalized. Upon her word, the Townl of Hot Springs Board gave their ok for work to begin on the sewer project. If the Board had been aware that they were non -compliant in any way, we would not have permitted the work to be started. Thank you for your Attention to this Matter, Mayor Johnny Norton ,g WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Michael F. Easley, Governor ,. f: E� William G. Ross Jr., Secretary o Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION October 29, 2008. CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0798 8534 Mr. Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743-0218 Subject: NOTICE OF VIOLATION and INTENT TO ENFORCE NOV-2008-PC-0754 Town of Hot Springs Permit Number WQCSDO086 Wastewater Collection System Madison County Dear Mr. Norton: North Carolina General Statute 143-215(a)(2) prohibits the construction of any sewage treatment works without first securing a permit from the North Carolina Environmental Management Commission. North Carolina General Statute 143- 215(a)(1) prohibits'the making of an outlet into the waters of the State without first securing a permit from the North Carolina Environmental Management Commission. On October 22, 2008 Roy Davis with the Asheville Regional Office conducted a Compliance Evaluation Inspection of the Town of Hot Spring's wastewater collection system. During that inspection he observed the construction of two sewage pumping stations. A subsequent review of our files indicates that no permit pursuant to North Carolina General Statute 143-215.1(a)(2) has been issued. On the same day Roy Davis observed the discharge of untreated sewage from a wet well overflow pipe at the Town's Red Bridge sewage pumping station. The overflow pipe was first observed on January 19, 2007. On January 25, 2007 it was reported to us that the pipe had been sealed. 'Obviously the seal was not completely successful. Construction of the two sewage pumping stations without a permit and allowing the discharge of sewage to the surface waters of the State places the Town of Hot Springs in violation of the requirements of North Carolina General Statute 143-215.1 rL North Carolina Division of Water Quality 2090 U.S. Highway 70. Swannanoa, NC 28778 Internet: wwwncwaterquality.org N0ne Carolina Phone (828)296-4500 Customer Serviceatura!!y FAX (828)299-7043 1-877-623-6748 � 1. North Carolina General Statute 143-215.6 provides for civil penalties of up to $25,000 for construction of a sewer system or discharging sewage without a permit. The same statute empowers a State agency to go into Superior court seeking a court order prohibiting an activity which is in violation of the Statutes. The Town of Hot Springs is to immediately take steps to effectively and permanently seal the Red Bridge pump station wet well overflow pipe. The Asheville Regional Office is considering the assessment of Civil Penalties against the Town of Hot Springs for the construction of a treatment works without a permit and the discharge of.wastewater without a permit. If there are extenuating circumstances regarding these violations which you wish us to consider, please make those known to us in writing. To be considered your response must be received in this office within fifteen days from date of receipt of this Notice. I encourage you to call Roy Davis at (828) 296-4500 should you need to discuss this matter. Sincerely, Roger9C. Edwards, Regional Supervisor Surface Water Protection Section Division of Water Quality Asheville Regional Office Cc:- F -ia.n Tripp, PE; W.K. Dickson & Company Division of Water Quality --.,'---Division-of-Water Quality; ARO�— G:\WPDATA\DEMWQ\Madison\Hot Springs Collection System\NOV-2008-PC-0754.doc Compliance Inspection Report Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner: Town of Hot Springs SOC: Effective: Expiration: Facility: Hot Springs Collection System County: Madison Region: Asheville Contact Person: Randy A Joseph Title: Phone: 828-622-7550 Directions to Facility: System Classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 10/22/2008 . Entry Time: 09:15 AM Exit Time: 10:30 AM Primary Inspecto : Roy M Davis Phone: 828-296-4500 Secondary Inspector(s): Ext.4659 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ■ Compliant ❑ Not Compliant Question Areas: 0 Miscellaneous Questions (See attachment summary) Page: 1 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs , Inspection Date: 10/22/2008 Inspection Type: Compliance Evaluation . Reason for Visit: Routine Inspection Summary: The Town of Hot Springs has a very basic, but compliant, collection system map prepared by the LOSRC. Scott Ricker has the pump station inspection logs. Due to recent surgery he was not present. I will look at the logs during my next trip to Hot Springs. The Town has two (soon to be three) new pump stations under construction. (1)The Cat Hole station will replace an aerial crossing over Spring Creeek, (2)The new North Spring Street station (not under construction at this time) will do away with yet another aerial crossing over Spring Creek, and (3)the new Silver Mine pump station will allow the abandonment of an existing pump station. I cannot find that we have issued a permit for this construction. The Red Bridge pump station overflow pipe was filled with concrete after our last collection system inspection at Hot Springs. A drip of sewage was coming out. I asked Randy Joseph to deal with it and notify me. Page: 2 IF- y� v o3la6/aoo,:!�i_ n 03�a6��o.�B 3/�8 Re: [Fwd: [Fwd: Governor's Web Site - Environment]] 4 Subject: Re: [Fwd: [Fwd: Governor's Web Site - Environment]] From: Roy Davis <Roy.Davis@ncmail.net> - Date: Fri, 28 Mar 2008 10:29:17 -0400 To: susan massengale <susan.massengale@ncmail.net> CC: Roger Edwards <Roger.Edwards@ncmail.net>, Roy Davis <Roy.Davis@ncmail.net> Susan; I spoke to Martha Culbertson on March 26. She described a generalized sewer odor throughout Town. I then spoke to Scott Ricker, Maintenance Supervisor with the Town of Hot Springs. Scott told me of a situation a few days earlier in which he experienced a problem with the sewage pumping station serving the Camp Ground area. Before the pumps were made operational again a, larger than usual volume of sewage accumulated in the wet well and therefore had opportunity to become septic. He noticed an odor in the downtown area when the pumps came back on. I left Ms. Culbertson a messsage this morning explaining to her the situation and asking her to let me know if she is still noticing an odor. Roy susan massengale wrote: Hi Roy, Please give me some guidance for a response. Thanks, Susan Subject: [Fwd: Governor's Web Site _ Environment] From: Diana Kees <diana.kees(a,ncinail.net> Date: Tue, 25 Mar 2008 16:21:18 -0400 To: Susan Massengale <susan.massengale a,ncmail.net>, Karen Canavaciol <Karen. C anavaci o l (oncmai l.net> To: Susan Massengale<susan.massengale(r,D,ncmail.net>, Karen Canavaciol <Karen.Canavaciol oDncmail.net> Susan: Please respond and copy Karen and me. Thanks -- Diana -------- Original Message --------- Subject: Governor's Web Site - Environment Date: Tue, 25 Mar 2008 16:16:09 -0400 From: <bparcul(a,)aol.com> To: <Diana.Kees(ii,)ncmail.net> 1 of 2 3/28/2008 10:37 AM Re: [Fwd: [Fwd: Governor's Web Site - Environment]] Name: Mailing Address: Mailing City, State Zip:, Email: Phone: Subject: Message: Martha Culbertson 320 River Drive Hot Springs, NC 28743 bparcul a,aol.com 828-622-7795 Environment The town of Hot Springs has problems with the public sewer system and have not been able to correct them. Can you please advise me a (property owner), the procedure for securing assistance. The odor from the mal function of this system is overwhelming. It is a concern for all of us who live in the town. Thank you for your support. Diana Kees Communications Director N.C. Dept. of Environment and Natural Resources 1601 MSC, Raleigh, NC 27699-1601 (919) 715-4112; fax (919) 715-5181 Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment .and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis@,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 2 of 3/28/2008 10:37 A _ p�pF w A TF,9pG Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality March 28, 2008 Ms. Martha Culbertson 320 River Drive Hot Springs, N.C. 28743 Dear Ms. Culbertson, Thank you for your letter alerting us'to problems with the sewer collection system in Hot Springs. The Governor has asked that I respond on his behalf. As you know, Mr. Roy Davis, with the Division of Water Quality's Asheville Regional Office contacted you earlier this week to get more specific information about your observation. Subsequently, he spoke with Mr. Scott Ricker, Maintenance Supervisor for the town of Hot Springs. Mr.. Ricker said that, as a result of a problem that occurred a few days earlier with the Camp Ground area pump station, a larger volume of sewage than usual accumulated in -the, station's wet well. As a result, the sewage caused an unusually strong odor in the downtown area when the pumps came back on. We are working with the town to make sure that they:arer ,: practicing due diligence in the maintenance of the collection system. We appreciate that you took the time to alert officials to the odors; we often rely on citizen: involvement to help us monitor systems that are experiencing problems. Please do not.hesitate to call Mr. Davis directly should you notice issues with the collection system that need to be addressed. His direct phone number is (828) 296-4659. Sincerely, Susan Massengale DWQ Public Information Office Mailing Address Phone (919).733-7015 Location OnrthCarolina 1617 Mail Service Center Fax (919) 733-2496 512 N. Salisbury St. orthCarol in Raleigh, NC 27699-1617 Raleigh, NC 27604 Internet: www.ncwateraualitvor; Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Compliance Inspection Report Permit: WQCSD0086 Effective: 03/01/00 Expiration: Owner: Town of Hot Springs SOC: Effective: Expiration: Facility: Hot Springs Collection System County: Madison Region: Asheville Contact Person: Randy A Joseph Phone: 828-622-7550 Directions to Facility: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 01/19/2007 Entry Time: 01:30 PM Exit Time: 03:00 PM Primary Inspecto : Don Price Phone: 828-296-4500 Secondary Inspector(s): Roy M DavisPhone: 828-296-4500 Ext.4659 Reason for Inspection: Routine Inspection Type: Technical Assistance Permit Inspection Type: Deemed permitted collection system management and operation Facility Status: ❑ Compliant ❑ Not Compliant Question Areas: Miscellaneous Questions 0 Pump Station (See attachment summary) ki 0 Page: 1 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 01/19/2007 Inspection Type: Technical Assistance Reason for Visit: Routine Inspection Summary: This visit took place as followup to our December 4, 2007 letter. Page: 2 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 01/19/2007 Inspection Type: Technical Assistance Reason for Visit: Routine #1 Pump Station Yes No NA NE Pump station type Duplex Are pump station logs available? n ■ n n Is it accessible in all weather conditions? ■ n n n # Is general housekeeping acceptable? ■ n n n Are all pumps present? ■ n n n Are all pumps operable? ■ n n n Are wet wells free of excessive debris? ■ n n n Are upstream manholes free of excessive debris/signs of overflow? ■ n n n Are floats/controls for pumps/alarms operable? ■ ❑ n n Is "auto polling" feature/SCADA present? ❑ ■ n n Is "auto polling" feature/SCADA operational? ❑ ❑ ■ ❑ Is simple telemetry present? n ■ n n Is simple telemetry operational? n n ■ n Are audio and visual alarms present? n ■ n n Are audio and visual alarms operable? ❑ n ■ ❑ Is the Pump station inspected as required? n n p ■ Are backflow devices in place? ■ n n n Are backflow devices operable? n ■ n n Are air relief valves in place? n n n ■ Are air relief valves operable? n n n ■ # Is an emergency generator available? n ■ n n Can the emergency generator run the pumps? ❑ ❑ ■ ❑ Is the pump station equipped for quick hook-up? n ■ n n Is the generator operable? ❑ ❑ ■ ❑ # Is fuel in tank and sufficient? n ❑ ■ Is the generator inspected according to their schedule? ❑ ❑ ■ Is a 24-hour notification sign posted? n ■ n n Does it include: Page: 3 4 Permit: WQCSDO086 Owner - Facility: Town of Hot Springs Inspection Date: 01/19/2007 Inspection Type: Technical Assistance Reason for Visit: Routine Instructions for notification? ❑ ■ n n Pump station identifier? ❑ ■ n n Emergency phone number ❑ ■ n n Is public access limited? ❑ ■ n n Is pump station free of overflow piping? ❑ ■ n n Is the pump station free of signs of overflow? ■ Are run times comparable for multiple pumps? NE Comment: Overflow pipe will be filled with concrete by 01/26/2007 Page: 4 - - ' 1_ Q ' v e r �� 4 K Complete items 1 2 and 3 A. signature ■ Print your name and address on the reverse'' X so that we can return the card to you. B. Received Sidney Harrison, Mayor Town of Hot Springs _ delivery Post Office Box 218 YES, e Hot Springs, NC-28743-0218 lutlllulllllllllll�ill�ltl�lllllilllnl�llitlnllntn�l�i��l�l n W Q OT 0 �� tl JiType ❑ Priority Mail Express® 0Adult Signature ❑Registered MafT'II I I IIIIII II II III I II I I I I I III I I I I I I III p Adult Signature Restricted Delivery ❑ Registered Mail Restrtcti Certified Mail( elivery 9590 9402 2119 6132 6488 36 ❑ ertfed Mail Restricted Delivery C4etum Receipt for ❑ Collect on Delivery erchandise 2_Article_Number_(Trapsfer from service law ❑ Collect on Delivery Restricted Delivery ElSignature Confirmations Mai ; , :DS.ignature Confirmation 7 015 15 2 D 0 3 ` 5 �i { 3 42 554 Restricted Deelivery t if3estricted Delivery l0)'i PS F'nrm 2911 .iniv 9ni.ri PRM 7.ran-ro-nnn-anFs Al!oU, aO) r7 — - 6 l Domestic Retum USPS TRACIUNG # First -Class Mail Postage & Fees Paid USPS ........ .... Permit No. G-10 132 O ;UJ-8 C= c'- print your name, address, and ZIP+4® in M.EL -SS .=EQ-DMJ RGS T U.S. HGWAY 70 S-NMNM NC M778 ■ Complete items 1, 2, and 3: Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiecE North Caroli Ea q-i partment of Environmental Qu Division of 1Nater:Resources Water QuaAty.Regional Operations Section -� 2090 U.S. HighWay.70 Swannanoa, North Carolina 28778 Sidney Harrison, Mayor Town`of Hot Springs Post}Office ,Box 218 Hot S'p�'ingj,NC 28743-0218 X ❑ Agent O Addre Received by (Printed Name) C'. Date of Deliver D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No WQcsP00g(-o 3 S rvice Type Certified Mail® ❑ Priority Mail Express'" Registered eturn Receipt for Merchandis( ❑ Insured Mail a Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes .7014 : 051,0 '0000 :;4466 - 9342 :.. N0V D6)(o_ p G PS Form 3811. July 2013 Domestic Refurn Receipt UNITED STATES First -Class Mail Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, address, and ZIP+40 in this boxO TIMOTHY HEIM LzC",-A VED NCDEQ-DWR-WQROS Division . fleziources 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 MAR 1 7 2016 W(Ifer, Of nnera!Ln's rClnplete items 1, 2, and 3. "Signature ■_P_rint_vn:,:r_nomn�nd_od �.<.� .- at _ _,._�_ ( 1 - ❑ Agent ❑ Addressee North Carolina Department of Environmental Quality y Received by (Phhted Name) C. Date of Delivery Division of Water Resources )-I 2.q Water Quality Regional Operations Section 2090 U.S. Highway 70, S yannanoa, NC 28778 I Is delivery address different from.item 12 ❑ Yes I If YES, enter delivery address below. ❑ No Mayor Brian Rees Town of Hot Springs. � J WC Post Office Box 218* Hot Springs, NC 28743-02183. ' Service El Mail II I'f IIII l'I I I I I I I I IIII II �I' II II I I IIII I III ri .IIII ❑ Adult gn tureeRestricted Delivery ❑ Registered ed Mail R s to 9590 9403 0672 5196 9676 61 ertified Malls elfect Mail Restricted Delivery Delivery XM"etUrn Receipt for ❑ Coon Delivery '"' `�iMvierchandlse ❑ Collect on Delivery Restricted Delivery 1014 � 0 510 j D Q 00 0 4 4j6 6i j a'2,4 6 j ' j ❑ InsuTedjMall ! i 1 I ! j.j ! ❑ SignatureConfirmationr (❑�Slgnature;Copfirmation I , ❑ Insdred Mail Restr cted Delivery Rstricted Deliver (over $50D) �\ 3S Form 3811: ADHI 201 &PSN 7530-02-000-9053 Ad IJV -.SDI 5. DV - A3 40 (40 Domestic Return RecNIDt UNITED STATE,j-� SERVICE .First -Class Mail SPS Permit No. G-10 4his ?..-n • Sender: Please print your name, address, and ZIP+4�,., bra? T '- r" C--) Tn TIMOTHY HEIM NCDEQ-DWR-WQROS H rb 2090 U.S. HIGHWAY 70 CD SWANNANOA NC 28778 C=) V) 0 0 1• O 0, USPS TRACKING# IT. 06 If 14 it ZENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. �/'� , ❑ Agent ■ Print your name and address on the reverse X 1 L06 ± �G�i �i % ❑ Addresse so that we can return the card to you. B. Received by (1,67nted Name) C. Date of Deliver, naa,...�. aL.:.........1_a_.,L_ L-.._2.iL----"-'--- - - - - — ---- - I Z/Z Z/UCRi �� North Carolina Department of r4 0 . Environment and Natural Resources ss different from item 1? ❑Yes A& Division of Water Quality livery address below: ❑ No NCDENR 2090 U.S. HigSurface Water Protection Section hway70, Swannanoa, NC 28778, Mr. -Johnny Norton, Mayor Town of Hot Springs Post Office Box 218 Hot Springs, North Carolina 28743 3.\Se,rxice Type Certified Mail ❑ E press Mail Re ' d ❑ Insured Mill Return Receip or C.O.D. 4. Restricted Delivery? ( Fee) ❑ 7007 1490 0004 0798 9531 CV _Z01) Uv a �G �nrm RRi 1 Fchninni 9nnd n-.fin RaTnrn Rocoin} In��or�n�_nnn�e �, UNITED STATES POSTAL.,,.ERVICE- First-Class Mail Postage & Fees Paid USPS Permit No. G-10 /'y / ,,Sende6� 1.6'Q,- Eise prfiqlyour narne;address, and ZIP+4 in this box • o y DAVIS WQ_SW N ZrX R - D p "j-, 20.661,0.S. HIGHWAY 70 S"NNAN0A NC 28778 'rENDER: COMPLETE THIS SECTION SECTION,ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X u (IWInG—) ❑ Agent ■ Print your name and address on the reverse ❑ Ad"d'ressee inted Name) = O. D to o Delivery North CarolinatDepartr'e"h�oj- _ - _' 6 A Environment-and Natural Resources • h Division of Wate 1,QUality °s different from item-1? ❑Yes "�� Surface Water Protection S ction ivery'address below: ❑ No NCIENR . ,1 2090 U.S. Highway 70, Swannanoa, NC— 8718 =.0 Mayor Sydney Harrison I y, C�c Town of Hot Springs Se ice Type Post Office Box 218 Certified Mail O piess Mail Hot Springs, North Carolina 28743 e ste'red_ etufrjRecelptfor Merci', ❑ilnsured Mail! O.D. I `/ v . = , -- 4. Re-stricted.Delivery?,(ExtraF"ee), ❑ Yc �R_Fnrm..'3Ri1 ..Wchrif nL.2nnd.. .._.. _ _ nn,,,o�fi�Ro+nrnP...in+ J�nvGo�_n2 UNITED STATES POSTAL SERVICE. "N • Sender: Please print your name, address, and ZI 'mil C) 1�2 LLI c3') E= D c-r a LU LJJ P-U I- > < JEFF MENZEL NCDENR-DWQ-SWp 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 box 0 ■ Complete items 1, 2, and'3. Also complete A.' Sign pre A ;' -item 4 if Restricted Delivery , is desired. X I'l �''a Aeent ■ Print your name and address on the reverse ddresse sn_thnt wa ran_return-the_card. to -you. _R_Beceived.b, (Prin �^ Da a of el' er North Carolina DepartmentARA Environmentand Natural Resour ress differen from item 1? E1 ` sz — _ ,' Division of Water Qu fyZieliv d ss be1Q, lh8l(8 NCDENR 2090 U.S Surface Water Protection Seca d Highway70, � Q Swannanoa, NC 28 I C31*) 9 1 f O MAYOR SYDNEY HARRISON j f OWN, OF HQT SPRINGS e ' e Type i L_ DOST OFFICE BOX 218 certified Ma � press MailiOT je SPRINGS NC 28743-0218❑ Re istered Retum-Re t ha di ❑ Insured Mai d�u�,i. RestrictedDelive EztY e Q 70D71111+91j ibbd4s' 61113ir9366ii; i; i i 3, PC Fnrm RR11 Pahriinni gnna r)--tic Rutnrn P... H t - _ .. .. . -_ -IiOf ,a�il�.i,t�F•r UNITED STATES POSTAL SERVICE I? J. Sender: Please print your name, address, an thi 0 North Cvll�inl' De,-)J�iirtTent of Environment ai� Nbiu�rOA s-'.rur.�s D.Ivisi e Quality Surface Vlater��Po 'o Sectio NCDENR 2090 U.S. Highwa-j70, Swan�nanoC 28 JEFF MENZEL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 MINIDER COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete 7A.Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverseso that we canreturn the card to you.ved l �(P North Carolina Departinent'of Environment and Natural ResourcesLA -+ Division of Water Quality NC^��� Surface Water Protection Sectio�i `�,� 2090 U.S. Highway 70, Swannanoa, NC 287 78 —''—A� �'/ `O Mr. Johnny Norton, Mayor ! �r Town of Hot Springs 3. Servicgr e cv Ce ified Mail `❑ Post Office Box 218 e9 tend Hot Springs, North Carolina 28743 0--i Sn used Nail 4. Restricted Delivery?(E 7 I] Q.7 1..4.c- ❑ Agent 7 ❑ Addressee C. Datp oV Deliver) n 1? All s v:_ ❑ No G r/ ;ip for a ndise W.", Fee) -d01s:6 7G Fnrm RRi 1 Fahrimm 9nnd nnmaatir. Rafi ern RPCAInt tn7RQR-m_M_t Fa UNITED STATES P�STAL S (ICE First-6 wl- �2• :-•.: - ;-•= ;...'���:....�....:.::. ; •:: �... - ,..: � �-..,� �pst • Sender: Please pri r name, address, and ZIP+4."fn thfs box • "° yJEFF MENZEL ^NCDENR-DWO-SWP \ / 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 i z tolls 11,11,1,,,Il,,,l1,,h1„l,„I,I,,,N,,,l!!,1„l1,,,1„ill ■ Complete items 1, 2, and 3. Also complete. item 4 if Restricted Delivery is desired. ■ Print your name and address on the revers( so that we can return the card to you. - i €nviro r NCDENR 2090 t,.:•s. Figflw� L1 � t., /d :y JOHNNY NORTON,; MAYOR-: TOWN OF HOT SPRINGS- POST OFFICE BOX 218,E HOT SPRINGS.NC il. 7002 04 �0.1s 9699 A. Signature X ❑ Agent AA ❑ Addre. d Name) C. Date of Deli North Carolina;Depa` ent`of� jrpen andtl�ural 4es6urces ,��erentfrom item 17 ❑ Yes Division o`Water®Quality, ddress below: ❑ No ace Water Protection Section ,' y 70, ,9w1annanoa-,N Pj' 28778 N w 3. i e Type ' O rtifled Mail ress Mail /Registered Return Receipt for Merchandis( InsGred C.O.D. e� 1iestricted Delivery? (Extra Fee) ❑ Yes 9, PS Form 3811. February 2004 Domestic Retum Receint 102595-MM-154 UNITED STATES P EAEFW ,• w• ,, NorttLGarolina.departm n�,ofs~ ��� • ; Environment and Natu a'Resources Division of Water Quality Surface Water Protection Section NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778 MR. ROY DAVIS NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ::' III 1! lit !1!i!!!11s!!11!!1s1s!i!!fit i!!!lit Istill 1!fill !III !sH ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVEF Complete. . item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X ❑ Addressee - so that_wA can rPfiirn the .n�rritn %-1 _ _ _ —_. _-- -- -- - - hied Name) C. Date of Delivery M-VWNorth Carolina Department of, L • 0 Environment and Natural Resources �� Division of Water Quality s different from Rem 1? ❑ Yes NCQENRSurface Water Protection Section. s below: ❑ No 2090 U.S. Highway 70; Swannanoa, NC 28,778: , C BRI,% TRIPP, PE, DEE ` W. K�;DICKSON & CO., INC_. 401 4TH STREET SW, SUITE 201 HICKORY NC 28602 rI lam( 1 t� 3. -Service Tye o Certified I Ml'r ail ❑ Registered m Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes — 7007I1-490 00 410798 8:8311 ' j PR Fnrm .`iR11 : FPhrw;rv7 9Md3 i f1i,n;actin Rati irn P—int tmco�m_M_t qdi UNITED STATES POSTAL SERVICE • Sender: Please print your name, addresg',"'gi V.?'. 111f;WAA1, 70 First -Class Mail J : 10 q 777�- ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ElAgent ■ Print your name and address on the reverse V v ❑ Addressee so that we can return the card to you., g__Recetved_hv (Pdnted Name) 11 Date of Deliver North Carolina Department of AGRA Environment and Natural Resources ress different from item 1? ❑ Yes Division of Water Qualitylelivery address below: ❑ No NCDENR 2090 U.S. Highway Water Protection Section 70, Swannanoa, NC 28778 JOHNNY NORTON, MAYOR TOWN OF HOT SPRINGS se ice Type POST OFFICE BOX 218Certified Mail ❑ rasa Mail HOT SPRINGS NC 28743-0218 -❑ Registered RetumReceiptforMerchandisc ' ❑ Insured Mail C.O.D. �n�r��n�r�rrr�r�rr�rr��r��nrrr�r�ur���n�rrrr���rr�n��n�,Restricted Delivery? (Extra Fee) ❑Y 7007 1490 0004 0798 8534 ;/�({jU� yrjp$� . p� �5: PS Fnrm'IR11 Fahniary 9rlrld nnmactin Pat,im Pint IMCOC--RA_1 GA UNITED STATES POSTAL SERVIC der: Rllease grip�i CD m o C 9 1 m n j vsrri ., p c 0 - Oo T 0 mZ ll � y s E First-Class�Mail Postage & Fees Paid USPS Permit No. G-10 yout name, address, .and ZIP+4 in this box • ROY DAVIS VR-DWQ-SWP S. HIGHWAY 70 ANOA NC 28778