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HomeMy WebLinkAboutNC0029831_Regional Office Physical File Scan Up To 1/5/2021FqCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 23, 2009 Mr. Jeff Church Carolina Energies, Inc. P.O. Box 910 Shelby, N.C. 28150-0910 Subject: Issuance of NPDES Permit NCO029831 Sugar Hill Truck Stop WWTP McDowell County Dear Mr, Church: Division -personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no significant changes from the draft permit sent to you on October 7, 2009. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391 or via e-mail [charles.weaver@ncdenr.gov]. cc: Central Files Neville -Regional Office/SurfaceWater Prote~- ctio NPDES Unit 1617-Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.nmaterquality.org Ser■ely, oleen H. Sullriii 19 • f , DEC - 1 2009' DATER QUALITY SECTION ASHEVILLFOn�,IONAL OFFICE NprtffCina An Equal Opportunity/Affirmative Action Employer - 50%'Recycled/10% Post Consumer Paper Permit NCO029831 STATE OF NORTH CAROLINA' DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES. DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Energies, Inc. is hereby authorized to discharge wastewater from a facility located at the Sugar Hill Truck Stop WWTP NCSR 1001 @ Interstate 40 Marion McDowell County to receiving waters designated as .an unnamed tributary to North Muddy Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective January 1, 2010. This permit and authorization to discharge shall expire at midnight on December 31, 2014. Signed this day November 23, 2009 een H. Sullins, Director �/Division of Water Quality By Authority of the Environmental Management Commission J� \ Permit NCO029,831 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Energies, Inc. is hereby authorized to: 1. Continue to operate an existing 0.005 MGD extended -aeration wastewater treatment facility with the following components: ♦ Bar screen ♦ Aeration basin ♦ Clarifier ♦ Chlorination ♦ Dechlorination equipment This facility is located at the Sugar Hill Truck Stop on NCSR 1001 @ Interstate .40 southwest of Marion in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to North Muddy Creek, classified C waters in Hydrologic Unit 03050101 of the Catawba River Basin. n �Claypit . .... is • I • �. .. .. • ,.' .t..a, Trailer , •' • i •• 11 Ch ,' Park t , I. �.. West Court. ''. Y..a ' t' •' :1.i . Cem' ,•y�• Trail ` _.� West :a ; "• �� — r: _ y ., MarionX. • = i'•� �� • / '\ _ i!' yam.• L , \ _ . .. �. �- ; `' _ _.. - :.. „�'�901; � •ti �, � Trailer ' r \ , % ,• ' : j ` Parks _ �^ �� !r \: = '��' • Trailer Zr 614 Mtn ti✓�✓� '\ - �' a\ `.Jsei r 101ii • � 4R NILL) SUGAR MILL I.1 All. SRSf Latitude: 35138'55" Longitude: 82°01'59" Quad # EIONE Stream Class: C Subbasin: 30830 Receiving Stream: UT North Muddy Creek NCO029831 Sugar Hill Truck Stop o �reez - c_ Q•., area f \ eel Facility Location'' ' North I SCALE'1:24000 Permit NC0029831 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001.- Such discharges shall be limited and monitored by the Permittee as specified below: ;PARAMETE_ `y$'R K,fii 1p�.l fuf LIMITSk`s"�rvrv''' `3 �MONITORINGfREQUIREMENTS`!F;4¢ is �•". �.:��P# e„ r# r t�'i."�i4 ��..��'�+: �i'r?1t %r'"K L4�j�-��'N �iF FY'Y $ �:.`���� w+'ai E .�. r i',�� ".� -. aC••.. Y..r#7 � +/ �d'R+.'-'+. F : Monthl y' DailyX x '� z'SMeasurement "'Sample Type` °R $ample?Location r S' l .A"ty��r � � Freguenc �'.s E� �'Auerage x ¢>Mazimum gS ; Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg1L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly . Grab Effluent Fecal Coliform 200 1100 ml 400 / 100 ml Weekly Grab Effluent (geometric mean Total Residual Chlorine (TRC)l 28 Ng/L 21Week Grab Effluent Temperature (°C) Weekly Grab Effluent Chronic Toxicity2 Quarterly Grab Effluent pH > 6.0 and <9.0 standard units Weekly Grab Effluent Footnotes: 1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field - certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 2. Chronic Toxicity (Ceriodaphnia) Pass/Fail at 2.4%: February, May, August, and November (see A. (2)). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) Chronic Toxicity Permit Limit (Quarterly The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.4%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Remised -February 1998) or subsequent versions. The testsr will be performed during the months of February, May, August & November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the'two following months as described in "North Carolina Phase II Chronic Whole` Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. � Permit NCO029831 - The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such.as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. N -jPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS SectionA. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. Week Samples are. collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,. or (3) Variable time/ volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 512009 —,')ES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/ volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior appmval by the Director. This mediod may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. D aily D ischarge The discharge of a pollutant measured" during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) D&Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DM or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDE S permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Version 512009 ;PDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean,of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which. causes .them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does ' not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section & General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version 512009 DES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who nyi�rd.lyviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(bX8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmirdy violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. 133 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of riot more than 30 years, or both. An organization, as defined in section 309(cX3XBXiii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes 5 143-215.6A] g. - Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maxumun amount of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part Il. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 512009 fPDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance L iability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or maybe subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Ria is The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All pernrit applications shall be signed as follows; (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long Version 512009 DES Permit Standard Conditions Page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency. by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative ofthat person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described. above, 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (01. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Recu rements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 512009 [PDES Permit Standard Conditions Page 7 of 18 Section C. Operation and M ai�r_ a of Pollution Controls 1. Certified. Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.02011. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Complywith all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per w� excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Complywith all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into anew system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and backup ORC ➢ A vacancy in the position of ORC or backup ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 512009 )ES Permit Standard Conditions Page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part 11. E . 6. (24-hour notice). c. Prohibition of Bypass 0) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as -required in Part II . E . 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/ disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/ disposal of sludge maybe Version 512009 `PDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is hot modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SectionD. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority NO CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://1-i2o.c=.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 DES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minim -Lim detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Taming The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained Linder this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person Linder this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.411. 6. Records Retention Except for records of monitoring information required by this permit related to the Permitte&s sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information,. including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: ° a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EnteX The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required bylaw, to; a. Enter upon the Permitteds premises where a regulated facility or activity is located or conducted, or where records must be kept Linder the conditions of this permit; Version 512009 JPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)] . Section E Reporting Reciui�meirts 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 U. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.410) (3)] . 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices: b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted, on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. Version 512009 DES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received. within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (aX2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly snaking any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(bX2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 512009 _ 'PDES Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS SectionA. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section& GroundwaterMomtorin The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) One hundred micrograms per liter 000 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has . occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 Vg/L); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastevmter Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E . Facility Closure Requirernerrts The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 512009 )ES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES SectionA. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated tinder section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) W and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Throuln A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 21-1.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. SectionB. Publicly Owned Treatmen Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 _ JPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Mur>ncipal Control of PoRuWnts from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permitteds discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flowrate and/or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates Version 512009 )ES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary regarding some or all of the industries discharging to the municipal system. . 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 21-1.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required tinder Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. PretteatnientPMgrairn Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 21-1.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted tinder paragraph B, 2, c, of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .09051 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 512009 IDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permitteds treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 21-1.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1(a) (8)] 7. POTW Inspection 8r Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 (j) (2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local ]imitations. All enforcement actions shall be consistent with the Enforcement Response Plan (E RP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 512009 DES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Sigogicant Non Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the SIU. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permittees Division - approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (viJ 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program [15A NCAC 21-1.0906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 512009 NCDENR North Carolina Department of Environment and Natural Division of Water Quality Michael F. Easley, Governor December 17, 2004 Mr. Lloyd_ Williams, Jr. �Carohria-Energies,�Inc P.O. Box 910 Shelby, North Carolina 28151 DCC����� D EC 2 9 2004 iD e Fib I L TION REGIONALUALITY COFFFICE William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Issuance-of-NPDES PermitrNCO®2983. u arAHillrTruck Sto"I 1 '� a McDowell County Dear Mr. Williams: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). . This final permit includes no major changes from the draft permit sent to you on October 27, 2004. Note that the Total Residual Chlorine (TRC) limit in this permit takes effect August 1, 2006. If you wish to explore dechlorination options in order to comply with the limit, consult the enclosed guidance document. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, ORIGINAL SIGNEt) B� sUSAN A. WILSON Alan W. Klimek, P.E. cc: Central Files Asheville Regional Office%Water_ uality Section NPDES Unit Aquatic Toxicology Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state. nc.us Nne orthCarolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Permit NCO029831 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Energies, Inc. is hereby authorized to discharge wastewater from a facility located at the Sugar Hill Truck Stop NCSR 1001 @ Interstate 40 Marion McDowell County to receiving waters designated as an unnamed tributary to North Muddy Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2005. This permit and authorization to discharge shall expire at midnight on December 31, 2009. Signed this day December 17, 2004. ORIGINAL SIGNED BY SUSAN A. V&SON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0029831 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Carolina Energies, Inc., is hereby authorized to: 1. Continue to operate an existing 0.005 MGD extended -aeration wastewater treatment facility with the following components: ♦ Bar screen ♦ Aeration basin ♦ Clarifier ♦ Chlorination ♦ Dechlorination equipment This facility is located at the Sugar Hill Truck Stop on NCSR 1001 @ Interstate 40 southwest of Marion in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to North Muddy Creek, classified C waters in the Catawba River Basin. Clayp l Ch Trader i. Park West Court _ E • I / J Cem n = Trailer ��`• Park _ �.. _ = West / / �MarionITA x - �''_ �� -- - /� i/ --may.% °�, •� , t ..�•• ITrailer Parks C\" Trailer % �• �% 4 Park ' J Mjn Rest\. Area - Rest 10 • •:_� _T V' 6 ez P'. Area .:Providence 1137. 31 ---=� Trailer ` 1153 „ ��i.. v • _��. - .. Park - ',i _ �i:• A!: ,j — S 4A NILLJ SUGAR HILL 4 4 MI g„5E rob 2 30- rob '07 . INIM Latitude: 35'38'55" N C 0 0 2 9 8 31 Longitude: 82001'59" Quad #/ EIONE Stream Class: C Sugar Hill Truck Stop Subbasin: 30830 Receiving Stream: UT North Muddy Creek Facility Location /IJG�i SCALE 1:24000 Permit NCO029831 A. (1.) EFFLUENT LIMITATIONS AND MONITORING. REQUIREMENTS During the period beginning on February 1, 2005 and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT a CHARACTERISTICS - LIMITS ; '', MONITORING REQUIREMENTS !Monthly Average • Daily Maximum Measurement . •, Frequency - Sample Type Sample Location~ Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Residual Chlorine (TRC)i 28pg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Chronic Toxicity2 Quarterly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. The TRC limit takes effect August 1, 2006. Until then, the permittee shall monitor TRC [with no effluent limit]. 2. Chronic Toxicity (Certodaphnia) Pass/Fail at 2.4%: February, May, August, and November (see Part I. A. (2•))• There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) Chronic Toxicity Permit Limit The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.4%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August & November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. Permit NC0029831 The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. • PDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2 1VIonth Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act' The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar DaTv The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour..period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between -samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 0 NPDES Permit Requirements Page 2of16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. Jn the case of fecal coliform, the geometric mean of such discharges. Permit IssuingAuthority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant -listed as toxic under Section 307(a)(1) of the Clean Water Act. U set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An .upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation - of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such' sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2;500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knnorm, violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second 'or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for.Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty tom to The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. - 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Propert�Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative' of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20/2003 MNPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The .filing of a request -by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (% 13. Permit Modification, Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the.water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 % ft NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions. of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] 0) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated was or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may .approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 a NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Peimittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 211.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. I Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: . NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and/40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 40 NPDES Permit Requirements Page 10of16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EntnTT The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reportng a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate. regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availabilit�of Reports Except for data determined to be confidential under NCGS 143-215.3 '(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 0 40 NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine tie compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter .(200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 ft NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility, PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs� All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in die volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; c., Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concenration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral -oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 0 40 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis A) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (!UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 �NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct�A to Q The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any, pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. - Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERPI The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of die Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (MSF-) Version 6/20/2003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 Mr. Lloyd Williams, Jr. Vice President P.O. Box 910 Shelby, North Carolina 28105 Michael F. Easley Governor William G. Ross, Jr., Secretary rironment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality MC DEPT. OF &4V1RONHIN;.\ AND NATURAL RESOURCES':. 10ORESVILI-7 r'7^7`0- IAL OFFUM r� 'JUN 1 8 2004 1. a Subject: Receipt of perrru'renapp icatioECTI®K NPDES Permit NCO029831 Sugar Hill Truck Stop WTP Dear Mr. Williams: The NPDES Unit received your permit renewal application on June 2, 2004. Mr. David Goodrich of the NPDES Unit will review your application. That staff member will contact you if additional information is required to complete your -permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. cc: rCENTRAL FILES Regional Office/Water Quality Section S.-Unit —, FO V E E 5 2004 ALITY SECTION WATER ua r- REGIONAL O FI Sincerely, Carolyn Bry Point Source Branch DEPT. OF EWRONMEOM-T AND NATURAL RESOURCES SVILLF " ONAL OFFICE 'JUN 0 7 2004 WATER AUTYSECTO N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 Fax: (919) 733-0719 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center: 1 800 623-7748 Intemet: h2o.enr.state.nc.us e-mail: Carolyn.bryant@incmail.net Post Office Box 910 Shelby, NC 28151-0910 :arolina Energies, Inc. Rutherford Electric Membership Corporation Company J J U N- 2 2004 f Telephone - 704-482-9561 Fax Number - 704-482-9565 www.carolinaenergies.com DE14R - WATER OUfiLITY POINT SOURCE BRANCH May 25, 2004 C I am requesting renewal of NPDES permit number NCOO 29831. The following change was made in January, 2004. De -chlorination equipment was installed in order to meet toxicity requirements. Thank .�/ ou, 0r arolina Energies, Inc. Lloyd Williams, Jr. Vice President NPDES A.PPLIGA( _ )N -FOR, PERNUT RENEWAL c� )RT FORM D To be filed only by privately -owned dischargers -of 100% domestic wastewater, (<1 MGD'flow) Facility Name Owner Name - Street Address City State / Zip. Code Telephone Number Fax Number e-mail Address Operator Name Street Address City. State. / Zip Code County Telephone Number N. C. Department of Environment and Natural Resources Division of Water Quality %NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 ]4ttp://U:49.enr.state.nc.us/NPDES/ -North Garolina-NPDES Permit Number NC00 2 98 31 Please print or type Contact Information: Sugar Hill Truekr' gton Gary Whitener Shelby North :da'tolina' 28'150' ( 704) '' 482-9561 ' ( 704) "482-9565 LWilliaims@REM.C.Coin . Todd -Bradley 2855'Sugar :Hill Road, Marion' N�ri h G e i a 29752 McDowell' ( 828 2-1659=992R 2. Location of facility producing discharge: . Check here if same as above Facility Name (If different from above) Street Address -or State Road City State / Zip Code County 3. Reason for application: Expansion/Modification.* Existing'Unpermitted, Discharge Renewal. R New Facility * Provide a description of the expansion/modification: Page 1 of 3. Version,f2102 NPDES APPATION FOR PERNHT RENEWS j: SHORT FORM D To be filed only by privately -owned dischargers of .100% domestic wastewater (<1 MGD flow) s 4. Description of the existing treatment facilities (list all installed components with capacities): A 5000 gallon extended aeration facility with in -line septic tanks for trash and grease removal, aeration hasin clarifier -- chlorine and dechlorination. 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial X Residential School Other Number of Employees Number of Employees. Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6 6. List all permits, construction approvals and/or applications (check all that apply): Type RCRA UIC NPDES PSI) NESHAPS Permit Number Type Non Attainment Ocean Dumping Dredge/Fill Permits Other Permit Number 7. Number of separate wastewater discharge pipes (wastewater outfalls): olie 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): MMMINIPM-M-m- River Basin Page 2 of 3 Version 12102 NPDES APPLICA'J _v FOR PERMIT RENEWAL- S RT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 10. Is this facility located on Native American lands? (check one) X YES NO.... _ , .... _. I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, .complete, and accurate. Lloyd Williams Jr. Printed Name of Person Signing Vice -President Title Signature of Applicant" Date Signed North Carolina General Statute 143-215.6(b)(2) provides that: Any person who -knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Version 12102 claypit Ch Trader. •i• . Park • , West Court ' �..� ' • . i Cam' :_: ,.�,' ••Trailer �• •tti 'r,.:• Park L. _ -- West t • !;. �� _ // • -, . �;'•''•.�•. _ Marion a E; `:.:�11•. woo Al Ye — —_ �•1 r �l ,y��ool.. �� .. 1• • jTralkYy " ��\^j- „ t'•• Trailer J fl i Parks f Z! ' -- — `� u� :1 r :, �: Parkes — �/ _ / •SST_ \\ —�:�1 � �u/LOD1 -_�•' / —'-� e Y • ' .ate J„ �'�i!"_- o��- �" �.t'6�� =� - �. : S. • . - • ' j - --_ ' . • . _ . _ �' '. �� - Min �l.',,�-� '. _, •o. • � •� �� - - • -, - ✓� �/- �` •;��rre Arm �\ Pbd t4 ti /mod' �'t�•�� i , ' + ` • nI 1 a �Qa� 6 reel Ar�eat 131 • "' ~ u5S T" rk _ a AR N/W SUGAR HILL 11 AN. 105 "ISE.. r- -oe �-- Jam''-~•-- ---� �".��_. ��r.-j'- •1---_- C(!/ rs '� ��� —�— •� .• C°fie ~�.... . I/ :fit' �` •� - �-V`�`!•�}t•I:Ns. � � � • � �,C 2'30• '06 I ro% • IMTEI Latitude: 35*38.55" NCO 0 2 9 8 31 Longitude:, 82601'59" Quad # EIONE suvemClass: C . Sugar Hill Truck Stop , 3ubbasin: 30830 Receiving Stream: UT North Muddy Creek ' P 'P f Carolina Energies, Inc. A Rutherford. Electric Membership Corporation Company Post Office Box 910 Shelby, NC 28151-0910 SLUDGE MANAGEMENT PLAN FOR SUGARHILL TRUCK STOP Telephone - 704-482-9561 Fax Number - 704-482-9565 www.carolinaenergies.com All wasted sludge is pumped and hauled by Mike's Septic Tank Cleaning Service. It is disposed of at Brevard Wastewater Treatment Facility. r 'ir State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michajel F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director January 9, 2004 Mr. William David Cable Carolina Energies, Inc. PO Box 910 Shelby, North Carolina 28151 ::a 10 A • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification — Name/Ownership Change Permit NCO029831 Sugar Hill Truck Stop McDowell County Dear Mr. Cable: In accordance with your request received November 131 2003, the Division is forwarding the subject permit modification. This modification documents the change in name/ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to,an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. c: Central Files r-Asheville-Regional Office, Water Quality Section NPDES Unit—' Sincerely, 0,�A an W. Klimek, P.E. FE& - 6! ti00Z 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5063, extension 520 (fax) 919 733-0719 VISIT.US ON THE INTERNET @ http://h2o.enr.state.nc.us/ Valery.Stephens@ncmail:net M "--Permit Number NC 002983 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Carolina Energies, Inc. is hereby authorized to discharge wastewater from a facility located at Sugar Hill Truck Stop NCSR 1001 @ Interstate 40 Marion McDowell County to receiving waters designated as an unnamed tributary to North Muddy Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective January 9, 2004. This permit and authorization to discharge shall expire at midnight on December 31, 2004. Signed this day January 9, 2004. Aldn W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission *e9rimt Number NCO029831 SUPPLEMENT TO PERMIT COVER SHEET Carolina Energies, Inc, is hereby authorized to: 1. Continue to operate an existing 0.005 MGD wastewater treatment facility with the following components: • Bar screen • Aeration basin • Clarifier • Chlorination equipment . The facility is located at the Sugar Hill Truck Stop, on NC SR 1001 @ Interstate 40, southwest of Marion, in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to North Muddy Creek, classified C waters in the Catawba River Basin. Claypit - ' • \ V. Jit Cavan Trader •. i. ' Ch Park - i'• .� I • lr. I. West Court �_ :% •- t 1 Cem " r ` _ Trailer r • ���: ••• • Park �• �, .— West .: •� `: Marion - E'er. - • .. it-_ /• �' l6 9x •••_ j� ••i- .�_• � � •.:% .`• I '-f. ' ,'' I ••i - _ ��- . wan,. neltde:,S IlTrailer Pam Trailer t� . �J No Rest \, Poit�/ \Rest. .,er32 Area - •1ss1 ` ---- `\ - •=P� rovidence , — -- ~ �— - 115! ill i 'G' u 1 51 % O Trailer ��: �.l Party - •>> _ �1ii. .4. i �� �'. \� e. _ •-- LL pis r. 'Il?>n , � r v� �� `� � -__•- �- � tt - _ �' - - .': 4R MILLI SUGAR MIL! I I AN. 105 2'30- '06 r u+hr 5 R SE '07 Latitude: 35a38'55" NCO 0 2 9 8 31 Facility _~ ' Longitude: 82'01'59" Quads EIONE LocatloII ' Stream Class: C Sugar Hill Truck Stop Subbasin: 30830 : . Receiving Stream: UT North Muddy Creek �J�.. SCALE 1:24000 Permit NC0029831 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS - FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Fre uenc Sample Type Sample Location Flow 0.005 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 2/Month Grab Effluent Oil and Grease 30.0 mg/L 60.0 mg/L Weekly Grab Effluent Fecal Coliform (geometric mean 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Residual Chlorine 2/Week Grab Effluent Temperature (°C) Weekly Grab Effluent Chronic Toxicityl Quarterly Grab Effluent pH2 Weekly Grab Effluent Footnotes: 1. Chronic Toxicity (Ceriodaphnia) Pass/Fail at 2.4%: February, May, August & November (see Part I. A. (2.)). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) Chronic Toxicity Permit Limit The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.4%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August & November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as .described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. Permit NCO029831 The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follgw-up testing to be completed no later than the last day of the month following the month of the initial monitoring. 0a, 1kkI . . 4& PO BOX 1354, MOUNTAIN HOME,. NC 28758 ,�11 OFFICE 00. PERFORMANCE ANNUAL REPORT - 2011 Sugar Hill Truck Stop Mr. Lawrence Heffner . Permit Number: jNC9U2983 System Description An extended aeration basin with a flow into a 5,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance The system sat idle this year due to the closing of the truck stop. The owner has opted to keep the system open in hopes to re -rent the truck stop. This system was connected to the City of Marion sewer system in June, 2011 Violations and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity alonw�,�'t�A4, piettiforrativregardin'Stem for the conclusion of this requirement. , Thank you, � 1 ��' Juanita Jamesi James & James Environmental Management, I `o. MAR - g 2�12 } WATER QUALITY SECTION ecuFvlll_FREGIONAL _OFFICE MAR - 5 2012 Sugar Pull Truck Stop Mr. Lawrence Heffner Permit Number: NC0029831 A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to.it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users, have been notified of its availability. Thank you, Mr. Lawrence Heffner Sugar Hill Truck Stop _.,..�Mchael F. Easley; Governor O W A r�9 '- William G-Ross secretary Ot QG North Carolina DepartureFr viro` menC—�itne4!P.':!Ei-.!0irector d Natalesd'urces Gj lan Division of: Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 21, 2006 Mr. William David Cable Carolina Energies Inc. 1326 Sugar Hill Road Marion, NC 28752 SUBJECT: Compliance Evaluation Inspection Status: Compliant Carolina Energies Inc. Sugar Hill Truck Stop Permit No: NCO029831 McDowell County Dear Mr. Cable: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2006. The facility appeared to be in:' -compliance with permit NC0029831. The operator is doing a good job. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure •1, cc: James & James Environmental, ORC� Central Files Asheville -Files` N,OQne�Carolina tl!!'lll'�lf 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer. Service 1 877 623-6748 United States Environtnental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO029831 111 121 06/12/19 117 181 r•I 191 S 20H L! Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA ------------------Reserved----------------- 67I 1.0 169 70I g I 71 I I 72I N I 73 I I 174 751 I I I I I I 180 w Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sugar Hill Truck Stop 10:50 AM 06/12/19 05/05/01 Exit Time/Date Permit Expiration Date 1326 Sugar Hill Rd Marion NC 28752 11:20 AM 06/12/19 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Glen Smith/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William David Cable,1326 Sugar Hill Rd Marion NC 28752/ORC/828-898-6277/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ o e� Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date r7-1'Z C EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO029831 I11 12I 06/12/19 I17 181_ (cont.) Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) A review of the files indicates that the last compliance evaluation inspection was conducted on 12/21/2005 by Starr Silvis. The permit expires on 12-21-2009, please request a permit renewal 6 months prior to expiration. The Annual Performance Report has been filed for the year and was on -site, along with a complete copy of the current permit.. The aeration basin process control data was as follows on the day of the inspection. Temperature = 12.4 degrees Celcius Tip: The ideal level for dissolved oxygen in the aeration basin is generally 1 to 3 mg/l. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels.. Settleable Solids=:200/1000 ml/I = 20% Tip: Using the settleability test, the return sludge pumping rate is usually set so that the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. 30%), allows for the solids balance in the plant to be maintained. If the plant cannot handle that return sludge pumping rate, then wasting is probably'recommended. pH = 7.2 units The effluent data was as follows on the day of the inspection. Temperature = 12.5 degrees Celcius Chlorine = <15 ug/I pH = 7.4 units Harry and Juanita James, the contract operators, were on -site during the inspection. The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. Jim, Smith, the. operator, is doing a good job. Page # 2 Permit: NCO029831 owner - Facility: Sugar Hill Truck Stop Inspection Date: 12/19/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted anew application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 3 B F1 LE COPY Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 2, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED ' 7006 3450 0002 7064 2400 Mr. Gary A. Whitener Carolina Energies Inc. PO Box 910 Shelby, NC 28151 Subject: NOTICE OF VIOLATION NOV-2007-LV-0629 Permit No. NCO029831 Sugar Hill Truck Stop WWP McDowell County Dear Mr. Whitener: A review of Sugar Hill Truck Stop's monitoring report for August 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, MF, 08/01/07 400 500 Daily Maximum M-FC Broth @ 44.5 colonies colonies Exceeded degrees Celcius per 100 ml per 100 ml No�rthCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www.ncwaterguality.orq I Customer Service 1-877-623-6748 FAX (828) 299-7043 Mr. Gary A. Whitener Carolina Energies Inc. January 2, 2008 Page 2 of 2 Remedial Actions: Remedial actions, if not already implemented, should be taken to correct any problem(s). The permittee or operator is required to submit comments regarding noncompliance on the relevant monthly discharge monitoring report (DMR). If the comments provided an adequate explanation for the subject violation, it is not necessary to submit any further response. However, if corrective actions taken were not provided on the DMR or if you have additional comments or information concerning the violation(s), please submit -them to Wanda Frazier of this office. Technical Assistance: The Asheville Regional Office has a Wastewater Treatment Plant Consultant available for technical assistance to wastewater treatment plants (WWTP) and collection systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction' of operational problems. This service can be utilized for optimization of the operation of WWTPs and collection systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Special Order By Consent: The Division of Water Quality may pursue enforcement actions for this and any additional violations. -If the violations are of ,a continuing nature and not related to operation and / or maintenance problems, you may apply for a Special Order by Consent (SOC). To be eligible, you will be required to take corrective actions while implementing construction activities and pay a stipulated upfront civil penalty. You may contact Keith Haynes of this office for SOC additional information. If you should have any questions, please do not hesitate to contact me or Wanda Frazier in the Asheville Regional office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: James & James Env. Mgmt. Bob Guerra, Western NPDES Point Source Compliance / Enforcement DWQ Central Fil ' . s ' NCNR North Carol ina-Dep-alltinentT-ofEnvironment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 11, 2011 GARY A WHITENER CAROLINA ENERGIES INC PO BOX 910 SHELBY NC 28151 SUBJECT: Payment Acknowledgment Civil Penalty_ Assessment S-agar-Hi.1:1 ckStop Permit Number: NC0029831 Case Number SLR 2:O1 Q 0015 McDowell County Dear Mr. Whitener: This letter is to acknowledge receipt of check number 9550 in the amount of $350.00 received from you dated June 23, 2011. This payment satisfies in full the above civil assessment -levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. Sincerely, Jovonah Weeden cc: Central Files DWQ4AsheVille-'Regional=Office .Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer I DC�J�v E D _S2011_ WATER QUALITY SECTION One NorthCaroEna v V VW v % •t NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL 7007-0710-0000=5376-7176 RETURN RECEIPT REQUESTED James & James Env. PO Box 519 Mountain Home, NC Dear Ms. James: Mgt. 28758 May 4, 2011 Subject: Remission Request-ofCivilPenalty Assessment Case Numbei R'2010 =Q01i5 •_. Sugar HIII Truck�S,tpp VWffP NPDES Perini N00029831 have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment of $600.00. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Dina Sprinkle NC DENR-DWQ — Point Source'Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 9IM07-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer %lv".il�tlV1.:....\..,..rr .�.:.y..�...«.!':..�..e•-.•• Fy.sw Y✓t+� ..I.. �,�••va.snm�+rtm.+:•x+.'4nYu�eneac�"F-vanx+wtr..x ..n rrE EJ Y x• M AY — 6 2011 f WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NorthCarohna ;V urally 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: Dina Sprinkle NC DENR-DWQ — Point Source Branch NODES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWQ Director's remission recommendation detailed above, or the penalty amount maybe further remitted. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Guerra at (919) 807-6387 or at bob.guerra(a)-ncdenr.gov. ,.;Colee±riH. cerely �y Sulli s Z: Attachment:. Request for Oral hearing cc: Ashes evillerRegional=Officer--RogersEdwards Enforcement file Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 — — Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 North.Carohna Internet www.ncwaterquality.org ����y�� // An Equal Opportunity lAffirmaliveAction Employer ` "Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL 7007 0710 0000 5376 6771 RETURN RECEIPT REQUESTED Coleen H. Sullins Director September 29, 2010 Mr. Jeff Church Carolina Energies, Inc. PO Box 910 Shelby, NC 28150-0910 Subject: Assessment of Civil Penalty for Violations of Reporting Requirements Sugar Hill Truck Stop Waste Water Treatment Plant (WWTP) NPDES Permit NC0029831 Case Number LR-2010-0015 Mc Dowell County Dear Mr. Church: Dee Freeman Secretary 1. .. • .. ._ �:.- ...-._. ... I ffCT2010 1] VVA TER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This. letter transmits notice of a civil penalty assessed against the Sugar Hill Truck Stop WWTP in the amount of $600.00 ($500.00 civil penalty + $100.00 in enforcement costs). This assessment is based upon the following facts: 1. The June 2010 Discharge monitoring report (DMR) was not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES permit. A Notice of Violation (NOV-2010-1-11-0053) was sent to you for failure to submit the June 2010 DMR no later than the thirtieth (30t') day following the reporting period. The certified mail receipt was received and signed for on August 31, 2010. Within said Notice, you were informed that future reports not received within the required timeframe would result in further enforcement actions. 2. As of September 29, 2010 the June 2010 DMR has not been filed with the Division of Water Quality in accordance with the monitoring and reporting requirements contained in your NPDES permit. Based upon -the above facts, I conclude as a matter of law that the Sugar Hill Truck Stop WWTP violated or failed to act in accordance, with the requirements of NPDES Permit NCO029831 and G.S. 143-215.65. A civil penalty of not more than $25,000.00 per violation may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143- 215.65. The State's enforcement costs in this matter may be assessed pursuant to G.S. 143-215.3(a) (9) and G.S. 143-282.1(b) (8). Based upon the above findings of fact and conclusions of law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I hereby make the following civil penalty assessment against the Sugar Hill Truck Stop WWTP: $ $500.00 for failing to submit the June 2010 DMR as required by NPDES Permit NCO029831 and G.S. •143-215.65. $ $100.00 Investigation Costs $ $600.00 TOTAL AMOUNT DUE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: wvvw.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Northne Carohna Naurally 2' 5.6A(c), in deters c1 the amount of the penalty, I have taken into r- -alunt the Findings of Facts and OFF" and have considered l 1 and every specific factor set out in G.S. 1431 _,!.l (b), which are: degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the ' violation; (2) The duration and gravity of the violation; (3) The effect on the ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; :- (7) The prior record of the violator in complying or failing to c6mply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center - -. Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request. A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute: You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh,. North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623.6748 Internet: www,ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Nataralltk �- -� OR t-. 3- Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150E of the North Carolina General Statutes. "You must: File your original petition with the- Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. -'Please be advised that'additional assessments may be levied for violations that occur after the review period of this assessment. If you have any questions concerning this matter, please contact Mr. Bob Guerra at (919) 807-6387 or email at bo b.g uerra e-ncden r.ctov. Sincerely, Jeff Poupart, Supervisor, NPDES Program Attachments cc: RO`Surface-Water_rorotection-w/attachments Enforcement File Wattachments Central Files w/attachments .1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX:"919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer Nne orthCarohna Natwallk JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LR 2010-0015 _ County: McDowell Assessed Party: Sugar Hill Truck Stop WWTP Permit Number: NCO029831 Amount Assessed: $600.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver oRight 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 h 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-2821(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 Denafty will prevent payment for the remaining necessa_y remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: RTH CAROLINA wuIN 1 r UV ivICDOWELL DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THEMATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST' ) ADMINISTRATIVE HEARING AND SUGAR HILL TRUCK STOP WWTP ) STIPULATION OF FACTS NPDES PERMIT NC0029831 FILE NO. LR-2010-0015 Having been assessed civil penalties totaling $600.00 for Violation(s) as set forth in the assessment document of the Division of Water Quality dated September 29, 2010, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt, of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day.of , 2010. BY ADDRESS TELEPHONE JAMES & JAMESI' • IMANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 \fir'697-0065 FAX Sugar Hill Truck Stop PERFORMANCE ANNUAL REPORT - 2009 Mr. Lloyd Williams Permit Number: NCO029831 System Description An extended aeration basin with a flow into a 5,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance The system sat idle this month due to the closing of the truck stop. The owner has opted to keep the system open in hopes to re -rent the truck stop. There was no discharge from this system in 2009. Violations and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, 4ryublz Juanita James James & James Environmental Management, Inc. 2/28/10 ijI� I, _'nD MAR 0 2010 MAR 1 6 2010 SEW-VVAr�r irr�r PAINT S;:1iS;GE Eif�ftfC I WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 0 Cantwell, Janet From: Cantwell, Janet Sent: Monday, September 28, 2009 12:28 PM To: Weaver, Charles Cc: Edwards, Roger Subject: Draft N.O0029831: Sugar Hill Truck Stop, McDowell County Charles ---I have reviewed the draft permit and see nothing which should prevent reissuance. It should be noted that the plant has been closed since mid -September 2007. The service station (owned by Carolina Energies) which connected to the plant has been removed. The ORC/ Juanita James/ James & James Environmental stated the owner intends to reopen someday, as also noted in the recently submitted NPDES renewal application Form D. Should a condition be added to the permit concerning the ability of the WWTP to handle the waste and flows if they rebuild a service station/ Convenience Store which might exceed the original capacity of the WWTP? It's something to think about. Call if you have any questions. Thanks ---Janet Janet Cantwell-Janet.Cantwell@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 US Highway 70 Swannanoa, NC 28778-8211 Tel: 828-296-4500 Fax: 828-299-7043 Link to "Guidebook to Water Quality Management in North Carolina": http://h2o.enr.state.nc.us/basinwide/documents/SupportDocument.pdf Link to the NC Division of Water Quality: http://www.ncwaterguality.org Link to NPDES Programs & Compliance Info: (DMRs, Annual Report, Etc.): http://h2o.enr.state.nc.us/NPDES/ Link to Technical Assistance & Compliance Unit, WW Operator Regs, Etc.: http://h2o.enr.state.nc.us/tacu/index.html Link to Collection Systems (PERCS Unit): http://www.ncwaterguality.org/peres/Collection%20Systems/CollectionSystemsHome.html Link to NC Surface Waters & Wetlands Standards ("Redbook"): http://h2o.enr.state.nc.us/admin/rules/codes statutes.htm Link to NC Stream Classifications: http://h2o.enr.state.nc.us./bims/reports/`reportsWB.html Link to Water Supply Watershed Info: http://h2o.enr.state.nc.us/wswp/index.htmi Link to booklet "Guidelines for Riparian Buffer Restoration:" http://www.nceep.net/services/guidancedoc.htm Link to Stormwater, General Permits, & Runoff Pollution: http://h2o.enr.state.nc.us/Stormwater.htmI http://h2o.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP 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. Cantwell, Janet From: Weaver, Charles Sent: Monday, September 28, 2009 2:40 PM To: Cantwell, Janet Subject: RE: Draft NC0029831: Sugar Hill Truck Stop, McDowell County Janet — I'll add a special condition regarding startup of the plant. The permittee will be required to show that the plant can operate properly before any discharge is allowed. CHW From: Cantwell, Janet Sent: Monday, September 28, 2009 12:28 PM To: Weaver, Charles Cc: Edwards, Roger Subject: Draft NC0029831: Sugar Hill Truck Stop, McDowell County Charles ---I have reviewed the draft permit and see nothing which should prevent reissuance. It should be noted that the plant has been closed since mid -September 2007. The service station (owned by Carolina Energies) which connected to the plant has been removed. The ORC/Juanita James/James &James Environmental stated the owner intends to reopen someday, as also noted in the recently submitted NPDES renewal application Form D. Should a condition be added to the permit concerning the ability of the WWTP to handle the waste and flows if they rebuild a service station/ Convenience Store which might exceed the original capacity of the WWTP? It's something to think about. Call if you have any questions. Thanks --- Janet Janet Cantwell-Janet.Cantwell@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 US Highway 70 Swannanoa, NC 28778-8211 Tel: 828-296-4500 Fax: 828-299-7043 Link to "Guidebook to Water Quality Management in North Carolina": http://h2o.enr.state.nc.us/basinwide/documents/SupportDocument.pdf Link to the NC Division of Water Quality: http://www.ncwaterguality.org Link to NPDES Programs & Compliance Info: (DMRs, Annual Report, Etc.): http://h2o.enr.state.nc.us/NPDES/ Link to Technical Assistance & Compliance Unit, WW Operator Regs, Etc.: http://h2o.enr.state.nc.us/tacu/index.htmi Link to Collection Systems (PERCS Unit): http://www.ncwatergua litV.org/peres/Collection%20SVstems/CollectionsystemsHome.htm I Link to NC Surface Waters & Wetlands Standards ("Redbook"): http:Hh2o.enr.state.nc.us/admin/rules/codes statutes.htm Link to NC Stream Classifications: http://h2o.enr.state.nc.us./bims/reports/reportsWB.html Link to Water Supply Watershed Info: http://h2o.enr.state.nc.us/wswp/index.html Link to booklet "Guidelines for Riparian Buffer Restoration:" http://www.nceep.net/services/guidancedoc.htm Link to Stormwater, General Permits, & Runoff Pollution: http://h2o.enr.state.nc.us/Stormwater.htmi http://h2o.enr.state.nc.us/su/Forms Documents.htm#stormwaterGP 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. NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K'Sullins. Dee -Freeman Governor Director - Secretary July 6, 2009 p E E V JEFF CHURCH J U L — 7 2009 OPERATION MANAGER CAROLINA ENERGIES. wA rER c�uALITY sEc rloN PO BOX 910 ASHEVILLE.REGIONALOFFlCE SHELBY NC 28150 Subject: Receipt of permit renewal application NPDES Permit NC002983I Sugar Hill Truck Stop McDowell County Dear Mr. Church: The NPDES Unit received your permit renewal application on July 2, 2009. A member of the NPDES Unit will review your application. They will contactyouu-if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Tom Belnick at (919) 807-6390. Sincerely, S4�� jea� Dina Sprinkle Point Source Branch cc: CENTRAL FILES Ashevill'e_RegLonal-Office/Surface Water Protection NPDES Unit 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 NorthCarohna Internet: www.newaterquality.org ante rg An Equal Opportunity 1 Affirmative Action Employer "�J/� James& James Environmen 3801 Asheville Hwy., Hendersonville, N. OFFICE: (828) 697-0063 FAX: (82 June 25, 2009 To Whom It May Concern; It is'; time for the renewal of the wastewater permit for Sugar HillTruck Stop. If you have not sent the forms in already, here is the application form you need. - Everything has been filled in except section 4 : needs number of emnloyees and population served added and section 14 needs to have name of person signing printed with title and then signed and dated The map needs to be included also. On you have completed this information mail to the address below before the end of June: 'N. C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES' -DIVISION OF WATER QUALITY/NPDES UNIT _ - 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Thank you _. �nA 1 L Ju ita James' James & James Environmental Mgt., Inc. iiemi a,bellsouth.net ', - l NPDES -APPLICATION - FORS..- -�). For privately. owned treatment systems -treating 100% domestic wastewati Mail the complete application to: N. C. Department -of Environment and Natural Resources Division of Water. Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NC00 a 9 TS If you are completing this form in computer use the. TA_ B key or the up -down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name C_a. e> L l h GL Facility Name - S UA Mailing.Address d� City - State / -Zip Code - Telephone Number .Fax Number- e-mail-Address 2. Location of facility- producing discharge:: D E N R - WATER. QUALITY Check here if same address as above ❑ POINT'SOURCE BRANCH Street Address or State Road C S.� , 06 ( g.J�+ers6+e- city - M2rcon State / Zi Code N P- . County r 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to.the Operator in Responsible Charge or ORC) Name Mailing Address City Vyl o u h 61-n eta m -� State / Zip Code Telephone Number Fax Number 1 of 3 Form-D 1/06 NPDES APPLICATION - FORD L -i For privately owned treatment systems treating 100% domestic wastewaters <1,0 MGD Description of wastewater: �•_ Facility Generating Waste_ water(check all that apply): ;-�" Ix 2J L Industrial ❑ Number of Employees ../-4' 76" i Commercial Number of Employees - t'W_Via Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example:. subdivision, mobile home park, shopping centers, restaurants, etc.): �cYcs 1a Population served: 51 Type of collection system Separate (sanitary -sewer only) ❑ Combined (storm sewer and sanitary sewer) 61 Outfall Information: _ j Number of separate discharge points Outfall Identification number(s) f�0 Is the outfall equipped with a diffuser? ❑ Yes- KNo 7i Name of receiving stream(s) (Provide a map showing the exact location of each outfall�. /Uoi< M-1 Jcta Cyeek.- in CP+awba-? iyey- iiSn-3tin 8. Frequency of Discharge:. efS 'Continuous ❑ Intermittent - If intermittent: - Days per week discharge occurs: Duration: 11• N -Plow S lr,ce Yn�d -S d`? d(ti� -i-o �� vr,au...� oc.f —wi�5 coi,riKuc ' 9.: Describe the treatment system List all installed, components, including capacity, provide design removal for BOD, TSS, nitrogen and--. Phosphorus., If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. YYlC-D }cc� is i'�. jpour screen t c -y on b► n� e lent. In er C� to ri n "6h 1 e Cal �o►'� n.vL4-��i� e t�� 10 Yyi e,,-�-... -2 ofi3 Form-D 1106 - " �.�_'1PDES APPLICATION -:FORM`:,' For privately owned treatment systems treating 100% domestic wastewater, 10. Flow Information: Treatment Plant Design flow 0MGD Annual Average daily flow 0,0 D ) SJ MGD (for the previous 3 years) Maximum daily flow Q , d ©& MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ;. No 12. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. E_ ffluent testing data must be based on at least three samples and must be no more -than four and one ha f years, old. Parameter Daily Monthly Units of Number of Maximum Average Measurement Samples Biochemical Oxygen Demand (BODs) l , YYi C Fecal Coliform 1 ! bU rn l Total Suspended Solids 3�, 0 �(�,� ►mac- L S Temperature (Summer) 0 C, I Temperature (Winter) pH , 13. List all permits, construction approvals and/or applications: Type Permit Number Type - Hazardous Waste .(RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO gl 33 Dredge or fill (Section 404 or. CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment program (CAA) Other Permit Number 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to .the best of my knowledge and' belief uch information is true, complete; and pLccurate. Prin ame o#Per"n�igning Ti e Siohafof AcantD t North Carolina General Statute 143-215.6 (b)(2) states: Any person who kno gly makes any false statement representation, or certification in any_ application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the. Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty off -a misdemeanor. punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 1/06 • . /• . Clayp t N �1t l alvan• r �� • _ ` Ch Trailer - , ` 4 1 �\ Paril •i - ' West Court • / ✓ Cem ' - , - - 'Trailer :'�• • ,' _ .,-•� � :. _ Park •: •_ _ • t Jam_ Marion .�' - - -- •, ''' --� _� •s .' � �...: ..Cries`. � . -^I•- - - _ _ --.._- - _- •--y- tea-- -- _..���,•. . _'i-;�.r.6o ``•�` •�-..i � • - -- -__ — � - � ` it • �.. • .�� - - _ , CI y taller n �1f • - . �J Pirka "�- 4�I "� 1 - -?• - Trader _ .•• �. .: Park / 1 % Nest.\. PbM 4`_ • 1 ,>' �' 6'Res Arn . : Providence / l / ; �r 1- _, ---� • ••;• �.; • •� � us3 41 • : =,Ise � •��. • �� ) '7 , - ,�` •� `--_� � , � Trailer Q n �cJj,• i• ,� _ Park ,pro_ r1= _ - :,:• =J f` ;. c t •h f A P• O `. �`� �,\ /.ate 0.: ; �/-�. � �_ i ., •ter E, o V `. �'�a11 - �" _ _ • 1 5115E SUGAR M/LL I i MI V55 2'30• •406 - _ i '07 _ • ur>fr Latitude: 35°38'55" 1. N C 0 0 2 9,8 31. Longitude: 8210115911 Quad #f F I ONE - .Stream Class: C Sugar Hill Truck Stop Subbasin: 30830 Receiving Stream: UT North Muddy Creek Facility Location.. Maeti, SCALE 1:2400.0 NCDENR North Carolina Department_ of Environment and Natural Resources -Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 16, 2009 CERTIFIED MAIL 7003 0500 0002 6819 4191 RETURN RECEIPT REQUESTED Sugar Hill Truck Stop . William Cable PO Box 910 Shelby, N.C. 28151 . SUBJECT_: NPDES Permit Annual Fee NPDES Permit NCO029831 McDowell County Dee Freeman - Secretary Dear Mr. Cable: All permittees operating under a NPDES Permit must pay an Annual Administration Fee. For calendar year 2007, it appears that your annual fee amount due is $860.00 is past due. Please submit payment as .indicated below within thirty days receipt of this notice. Failure to remit payment will require this matter be referred for collection. Please make checks payable to NC DENR; please include your NPDES permit number on the check. Send the annual fee payment to: Fran McPherson Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 If you have evidence that this fee has already been'paid, please contact Mrs. McPherson at 919/807-6321. Sincerely in i�/f Bob Guerra Western NPDES Program cc: Fran McPherson DWQ/SWP Central Files As eyalle�egronaI7affi­ee;/ Roger Edwards Permit file l 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 91 M07-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer jEC E 1 MAR 1 8 2009 D WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE One NorthCarolina Naturall,ff-. Sugar Hill Truck Stop JA /MS & JAlV1ES ENVIRONMENTAL MANAGEMENT; `INC PO BOX 1354, MOUNTAIN HOME, NC 28758 V� (828) 697-0063 OFFICE (828) 697-0065 FAX I n PERFORMANCE ANNUAL -REPORT — 2008 Mr. -Lloyd ,Williams Permit Ni lj L MAR - 6 2009 WATER OUALITY SECTION ("'VILI_E REGIONAL OFFICE ° er: C0029831 System Description An extended aeration basin with a flow into a 5,000. gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber,,tablet feed de -chlorinator, and effluent gravity line. Performance for 2008 The system sat idle this month due to the closing of the truck stop. The owner has. opted to keep the system open in hopes to re -rent the. truck stop. There was no discharge from this system in 2008.. Violations for 2008 and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to.each of their users. A certified statement will.be, sent.to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the .users or customers of the named system and that those users- have been.notified"of its availability. I also certify that this report hasbeen given to the owner of this facility with explicit -directions to make the user aware of the availability of this report and the location with which a copy,can be viewed or received. James: & James: Environmental Mgt., Inc cannot certify that the latter has been completed and_will enclose:.a letter of.certification to be mailed to the State of North Carolina .on behalf of this entity.along,with.all pertinent information regarding this system for the conclusion of this requirement. CL*lThank you, Jta James James & James Environmental Management, Inc. 2/20/09 nxra �64st amyl. a: v MAR - 4 2009 DENR - WATER QUALITY POINT SOURCE BRANCH PERFORMANCE ANNUAL REPORT — 20-08 Sugar Hill Truck Stop Mr. Lloyd Williams Permit Number: 'NC-0029.831 A copy of the Performance Annual Report.has -already been fled -with the State of North Carolina. Division. of ,Water.: Quality. in triplicate by James & James Environmental. Management, Inc. and should be in your possession at this time. On that report, -the. certification.wasstated that I, the responsible party of this -facility, has:.received a -:copy of this report and was directed to give the users knowledge of this rreport ,and: access to it. Therefore: I certify under penalty of law that :this report prepared :by James & James Environmental Management,. Inc.. is...complete and accurate to. the best of my knowledge. I further -certify- that.this report has. been made available to the users or customers of this documented °system and that those users have been .notified of its availability. Thank you, Mr. Lloyd Williams Sugar Hill Truck Stop Michael F. Easley; Governor William G. Ross Jr., Secretary (� North Caroiina Departmen)' environment and Natural Resources Coleen H. Sullins, Director iH L E COPY Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION May 2, 2008 Mr.. Gary A. Whitener Carolina Energies, Inc. Post Office Box 910 Shelby, North Carolina 28151 SUBJECT: Compliance Evaluation Inspection Sugar Hill. Truck Stop Permit No: NCO029831 McDowell County Dear Mr. Whitener: Enclosed. please, find. a copy of . the Compliance 'Evaluation Report from-.` the-.- inspection conducted. on April •30,. 2008..by staff` of,the:Asheville Regional Office::::; The._:= facility:was found to be in. Compliance with permit.NCp029831: . _ Please.refer to the enclosed inspection reporttfor:additional observations:and .:...;:;: comments:Af'theee are questions,. please call the writer-;at:828=296-4651. Sincerely, James R Reid -Environmental Engineer Enclosure cc: James & James Environmental Central Files Asl�evWe F' 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 One N"ohCarolina Naturally United States Environmental Protection Agency Form Approved. PA Washington, D.C. 20460 OMB No. 2040=0057 Water Compliance Inspection Re ort Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS). Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO029831 111 121 08/04/30 117 181 rl 19I GI 20I J L I Remarks 211111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------------------- -----Reserved— --------- ----------- 67I 169 70141 711 I 72I N I 73I I 174 751 I I I I I I 180 I_I_I Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sugar Hill Truck Stop 09:00 AM 08/04/30 05/05/01 Exit Time/Date Permit Expiration Date 1326 Sugar Hill Rd Marion NC 28752 09:15'AM 06/04/30 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Glen Smith/ORC/828-697=0063/ :.. . Name, Address of Responsible Official/Title/Phone and Fax Number Contacted William David Cable,1326 Sugar:Hill Rd'.Marion NC 28752/ORC/828-898-6277/ No Section C:.Areas Evaluated, During Inspection (Check only those areas evaluated) . Permit Operations & Maintenance Records/Reports Self-Moditbring Program Facility Site. Review . Effluent/Receiving Waters Section D: Summary Of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) .- (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and. Fax Numbers Date James R Reid ARo WQ//828-296-4500 Ext.4651/ Signature VManagement Q A Reviewer Agency/Office/Phone and Fax Numbers Date ag EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/nno/day Inspection Type 3I NCO029831 I" 12I 08/04/30 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility has been vacant (without flow to the wwtp) since October, 2007. The building owner has maintained the NPDES Permit as "active" during the vacancy and has been attempting to rent the facility. The operator visits the facility daily and keeps the apparatus operational. The operator understands that the facility has been rented and expects flow to resume within 30-90 days. Page # 2 Permit: NCO029831 Owner - Facility: Sugar Hill Truck Stop NEI Knection Date: 04/30/2008 Inspection Type: Compliance Evaluation 'Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ n Does the facility analyze process control parameters, for'ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ n n Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ri Q n Is the facility as described in the permit? ■ — Q # Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the 'plant site restricted, to the general public? ■ n Q n Is -the inspector granted access to all areas for. inspection? ■ ❑ ❑ Comment: Page # 3 James James Environmental Mgt., Inc. System: Sugar Hill Truck Stop JAMES & JAMES ENVIRONMENTAL MANA PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX; (828) PERFORMANCE ANNUAL R 2007 I. General Information Facility/System Name: Responsible Entity: Permit Number: NCO029831 pflCM 7-,' �= D APR 1 5.2008 WATER QUALITY SECTION y aG ON�ALL�OFFFILE LLOYD WILLIAMS Person in Charge/Contact:' LLOYD WILLIAMS Applicable Permit(s): NCO029831 Description of Collection System 'or Treatment Process: SUGAR HILL TRUCK STOP A 5000 gallon extended aeration basin with bar screen clarifier, chlorination and dechlorination equipment. If. Performance Text Summary of System Performance for Calendar Year 2007 There was one fecal violation in 2007. We believe it was due to the cleaning of the facility in preparation to close. The chemical loading had increased. We increased the chlorine residual, and the truck stop closed shortly thereafter. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental iinpacts and corrective measures taken to address violations. Attach'additionalshvets if needed. August 1, fecal @500colonies/100mis(increased chlorine dosage) III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. James & Ja-mesTnvironmentalManagement, Inc. 3801Asheville:Hwy., Hendersonville, N. C. 28791 OF)i CE: (828) 697-0063 FAX: (828) 697-0065 f :c APR 1 5 2008 WATER OL IALITY SECTION To Whom It May Concern,' AS:riEVILLE REGIONAL OFFICE c. Enclosed yoli will find your system's Performance Annual Re ortr kY.. co has`b,&& "miiled'to the state. .L€ The last page requires you to verify that this report is accurate the bet of your knowledge and that it. has been made available to the users of your system. Please sign, date and mail this certification to the state at: System Performance Annual Report North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, N. C. 27966-1617 Thank you qWaz-(;-&7� Juanita James James & James Environmental Mgt., Inc. Hemi )bellsouth net RECEIVED APR 9 2008 DENR - WATER OUALITY POINT SOURCE BRANCH Environmental Mgt., Inc. IV. Certification System: Sugar Hill Truck Stop �1 Permit Number: NCO029831 1 certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has:been °given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy'cambe either viewed or received. James & James Environmental cannot certify that the latter has been completed, and will enclose a letter of certification to be mailed to the State of.North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion. of this requirement. Juanita James/ James & James Environmental Management Responsible_ Person Title Entity 2/20/08 Date .. s r ronmental Mgt., Inc. . System: Sugar Hill Truck Stop JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: Responsible Entity: Person in Charge/Contact: Applicable Permit(s): SUGAR HILL TRUCK STOP �-L�1F9-�AffL-tf�41dF6 MC0029831 Permit Number: NCO029831 A copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that 1, the owner of this Entity, has received a copy of this report and was directed to.give the users knowledge of the report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. ResponsibWPerso Title Entity Date f EFFLUENT DES PERMIT NO. NC0029831 DISCHARGE NO., 001 MONTH JANUARY YEAR 2008 FACH.TTY NAME SUGAR HILL TRUCK STOP CLASS If COUNTY McDOWELL OPERATOR IN RESPQ1Ncm>r.F ruwuc� ii►r... �...._.. _ _ __ I MIN- 1 r 1 '1 s _ s �■ic�®®®®®sue ®-mom 1 11 _--_-_�-®_-�� ►`' I' 1 11• Vj vV�vVVvvvv�� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 �J�;7J,11ly;�x/^Ul�:[y'� n ►t rr rt tt �■ tr n rr `�__ Facility Status (Please check one of the following) All monitoring data and sampling frequencies meet -permit requirements All monitoring data and sampling frequencies do NOT meet requirements Compliant •0. Noncompliant ' If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. NL = NO LIMIT with a system designed to assure that qualified• personnel property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." SUGAR HILL TRUCK STOP Permittee (Please print or type) Xn 2/20/08 ,ignature of P mittee *" U Date 78 BURGIN STREET, MARION, N.C. 28752 828-697-0063 31-Dec-09 Perrnittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 60951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residue 00080 Color (Pt -Co) 00610' Ammonia Nitrogen 01092 Zinc Chlorine 00082' Color (ADMI) 00625 Total Igeldhal '01027 Cadmium 01105. Aluminum Nitrogen 00095 Conductivity 000630 Nitrate/Nitrites 01032 Hexavalent Chromium 01147 -Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 fecal Coliform 71900 Mercury' 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xytene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042- Copper 34481• Toluene. 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Totall Sodium 01045 Iron - .39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained b calling the Water Quality Compliance Group at (919) 7&IWW, extension 581 or 534. " The monthly average for.fecal coliform. is. to be reported as a GEOMETRIC. mean. Use only, units designated in the reporting. -_ ... facility's permit for reporting..data... 'ORC must visit facility and document visitation of facility as required per•15 A NCAC 8A .0202"(fi) `(5) (B). '*If signed by other than the perrmtftee, delegation of signatory authority must he on. file with the state per 15A NCAC 2B.0506 (b) , ENVIRONMENTAL 1 PO BOX 1354, MOUNTAIN HOME, NC 28758 January 2008 DMR Dear Client, Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and one copy has been sent to the State on your behalf. Please place this report in your file for future reference. We are pleased to notify you that your facility operated within your National Pollutant Discharge Elimination System (NPDE with this report. S) permit. There should be no Notice of Violation, letters,. or fines associated Thank you for choosing James & James as your service company. Harry & Juanita James ;s James Environmental Mgt., `Inc. System: Permit Number: Sugar Hill -Truck Stop NCO029831 i JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 �— -- OFFICE: (828) 697-0063 FAX: (828) 697-00�6 E (, E �M W r ' l k ` . PEAR 1 1 2008 PERFORMANCE ANNUAL REPOR 2007 WATER QUALITY SECTION I. General- Information ASNEVILLE REGIONAL OFFICE Facility/System Name: . SUGAR HILL TRUCK STOP Responsib'Ie .Entity: LLOYD WILLIAMS Person in Charge/Contact: LLOYD WILLIAMS Applicable -Permit(s): NCO029831 Description -of Collection System or Treatment Process: A 5000 gallon extended aeration basin with bar screen, clarifier, chlorination and dechlorination equipment. II. Performance Text Summary of System Performance for Calendar Year 2007 There was one fecal violation in 2007. We believe it was due to the cleaning of the facility in preparation to close. The chemical loading had increased. We increased the chlorine residual, and the truck stop closed shortly thereafter. List (by Month) any violations of permit conditions or other environmental regulations: Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. August 1, fecal @500colonies/100mis(increased chlorine dosage) III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. �gi l as James Environmental Mgt.; Inc, IV. Certification i a System: ' Sugar Hill Truck Stop Permit Number: NCO029831 I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report .has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the ca lotion; with- which a copy can, be either viewed or received. James &. James Environmental cannot certify that the -latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management 2120/08 Responsible Person Date Title Entity -s James Environmental Mdt —j nc. System: Permit Number: Sugar Hill Truck Stop NCO029831 JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT -I. General.,lnformation Facility/$ystem.Name: SUGAR. HILL TRUCK STOP .Responsible -Entity: LLOYD WILLIAMS Person in Charge/Contact: LLOYD.WILLIAMS Applicable Permit(s): NCO029831 A copy of -the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that I, the owner of this Entity, .has received a copy of .this report and was directed to give theusers knowledge of the report and access to it. Therefore: I certify.under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Responsible Person Title Entity Date JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX January 20, 2006 DWQ Starr Silvis 2090 US Highway 70 Swannanoa, NC 28778 Re: Carolina Energies - Sugar Hill Truck Stop - NCO029831 Compliance Evaluation Inspection dated 12/27/05 Dear Ms. Silvis, -- - - - -• -~- -w--- ^-- - --- Please find outlined below responses to the Compliance Issue. #1) Chlorine contact chamber doesn't appear to have 30 minutes of detention. Response: Quotes. for the engineering on a new chlorine contact chamber are being sought. This chamber will also be dechlorination process ready. #2) Dechlorination tube in installed in the effluent pipe Response: The new chlorine tank will have accommodations for the dechlorination tube feeder. #3) Method -of flow measurement not easily accessible Response: We are requesting that a port be put into the new chlorine contact chamber for an easier Ideation. Please accept this response. If you have any additional questions, please contact us at any time. ank you, _ rry &J J to James Cc: William Cable nclgpef F. Ea Lsources Departm~��"��=2^""�•AliallinatWG:�K. iRirroies�Povireercntoorr NorthCarolina er ecietary omL ~I Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION December 27, 2005 William David Cable Carolina Energies Inc 1326 Sugar Hill Rd Marion NC 28752 SUBJECT: December 21, 2005 Compliance Evaluation Inspection Carolina Energies Inc Sugar Hill Truck Stop Permit No:' NCO029831 McDowell County Dear Mr. Cable: Enclosed please find a copy of the Compliance. Evaluation Inspection form from the inspection conducted on .December. 21, 2005. The Compliance Evaluation Inspection was conducted by Starr Silvis and Don Price of the Asheville Regional Office", -The facility,,,;f:; . was found to be in Compliance with permit NC0029831. Supports for the cross bars holding the bar screen in place are deteriorated. The supports must be fixed: Additionally, surface water is entering the chlorine contact chamber. Surface water should be excluded from entering the chlorine contact chamber. Exclusion of surface water can likely be accomplished by construction of a berm around the chamber. I At least four potential problems exist between chlorination and discharge; 1) The chlorine contact chamber does not appear to provide the required 30 minutes of detention time. 2) The dechlorination tube is installed in the effluent pipe. 3) It appears that flow must be measured at the effluent pipe manually. Access to the effluent pipe, is difficult and posses a threat to operator safety. 4) Sampling for all permitted parameter must be done at the "end of the pipe" (i.e. not prior to chlorination) in order to be in compliance with the permit. r 1Voo a Carolina Non 2090 U.S. Highway70, Swannanoa„NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 All of these potential problems could be fixed by -the installation of a new chlorine contact chamber with a dechlorination tablet feeder at the end. This Office strongly recommends the installation of a new chlorine contact chamber with proper chlorine and dechlorination tablet feeders. Please respond in writing describing the method and location of flow measurement at the facility within 10 working days. 'This Office suggests describing the standard operating procedure for flow measurement on the inside cover of the log book for clarity and to avoid describing the procedure each time flow is measured. Please refer to the enclosed inspection, report for additional observations and comments. If you or your staff have any questions, please call me at (828) 296-4500. Sincerely, AIVV" Starr Silvis Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files st�eui;Ile�Files V United States Environmental Protection Agency Washington, D.C. 20460 EPA Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 15131 N00029831 I11 12I 05/12/21 I17 LJ 18 rl 191SI 20I J Remarks 211 1•I I I I I I I.I I I I I I I I i l l I I I l i l l l l I i 1 1 1 1 l 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------- ---- -----Reserved-------------- 67I 169 70131 71 I_I 72 LNJ 73 I I 174 751 I I I I I Li W Section B: Facility Data Name and Location of Facilitylnspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Sugar Hill Truck Stop 09A5 AM., 05/12/21 05/05/01 Exit Time/Date Permit Expiration Date 1=326 Sugar Hill Rd Mar -ion NC 28752 10:20 AM 05/12/21 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number William David Cable,1326 Sugar Hill Rd Marion NC Contacted 28752/ORC/828-898-6277/ No Section C: Areas Evaluated During Inspecticn (Check only those areas evaluated) Permit Operations & Maintenance Facility Site Review Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Don Price �✓te.ARO WQ//828-296-4500/ Starr Silvis ivl/�ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date v Roger C Edwards ARO WQ//828-296-4500/ Velzoo EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont. 1 3I, NC0029831 I11 12I 05/12/21 117 18'RI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Supports for the cross bars are deteriorated. The chlorine contact chamber does not appear to provide the required 30 minutes of detention time. The dechlorination tube is installed ,in the effluent pipe. A tablet feeder would providebetter contact. Flow must be measured at the effluent pipe manually. Access to the effluent pipe is difficult and posses a threat to operator safety. All of these potential problems could be fixed by the installation of a new chlorine contact chamber with a dechlorination tablet feeder at the end. This office recommends the installation of a new chlorine contact chamber with proper chlorine and dechlorination tablet feeders, that will meet the required 30 minute detention time, and provide adequate access for effluent sampling. Page # 2 Permit: NCO029831 Owner - Facility: Sugar Hill Truck Stop Inspection Date: 12/21/2005 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n ❑ ❑ Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ❑ ■ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Meohanical ❑ Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ Cl ❑ ❑ Is disposal of screening in compliance? n n n ■ Is the unit in good condition? ❑ ■ ❑ ❑ Comment: The bar screen and cross bars are in good shape. However, the support for the.cross bars is deteriorated. A piece, of angle iron should be welded on as a cross bar support. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Page # 3 r Permit: NCO029831 Owner - Facility: Sugar Hill Truck Stop Inspection Date: 12/2112005 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the return rate acceptable (low turbulence)? ❑ ❑ ■ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately ''/< of the sidewall depth) ❑ ❑ ❑ ■ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ■ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ 0— Is the DO level acceptable? ❑ ❑ ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? Cl ❑ ❑ ■ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ ■ Comment: There appeared to be surface water entering the chlorine contact chamber. Surface water should be excluded from entering the chlorine contact chamber. This may be accomplished by constructing a diversion berm around the chamber. De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? 110 ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Page # 4 Permit:. NC0029831 Inspection Date: 12/21/2005 De-ohlorinatiori Are the tablets -the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: r Owner - Facility: Sugar Hill Truck Stop Inspection Type: Compliance Evaluation Yes No NA NE Page # 5 Jul 25 05 12:22p t 8286969738 p.2 July 24,2005 Janet Cantwell DENR 2090 US Highway 70 Swatmanoa, NC 28778 JAMES & JAWS ENVIItONA EWAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN DOME, NC 28758 (828) 697-0063 OFFICE _ (828) 697-0065 PAX IV CD CD Re: Notice of Violation dated July 7, 2005 Permit Number. NC0029931- Spgar Hill Truck Stop Dear Ms. Cantwell, This letter is in reference to the Notice of Violation received by James & James Environmaltsl on July 15, 2005. The violation was for Sugar bill Truck Stop in regard to the inspection resort for the site visit. Harry performed a follow-up inspection to assess the items mentioned in the inspection report. Upon review he contacted Mr. Lloyd Williams who agreed to do the following repairs: 1) Allow James & James to re -weld the cross bars at the head ofthe plant, 2) Allow James & James to r�prahA the facility, 3) Allow James & James to install new access steps with handrails. We would ask that the allowed scheduled time of repair be 60 days_ We will fallow up with a letter to confirm that the repairs have been completed. Ifyou have any additional questions, please contact me Thank you for your attention in this matter. With highest regards, I ant Very truly yours, Juanita James ((JJ m uM'r'GaWhitener compliance and all actions taken to prevent the recurrence of similar situations. If you -should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, orrest /.Wtestall Surface Water Protection Regional Supervisor .Enclosure cc: WQ.Central Files Janet Cantwell, NCDENR-Division of Water Quality � e pF W A TE,Q Fill-ilair"n ael Eas ay, Gover or Q G. Ross ret North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director p Division of Water Quality Asheville Regional, Office SURFACE WATER PROTECTION September 7, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gary A. Whitener Carolina Energies Inc PO Box 910 Shelby NC 28151 Subject: NOTICE OF VIOLATION N OV-2004-LV-0444 Permit No. NCO029831 Sugar Hill Truck Stop McDowell County Dear Mr. Whitener: A review of Sugar Hill Truck Stop's monitoring report for June 2004 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 06/01/04 45 mg/I 49 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within10 working day of receipt of this letter. You should address the causes of non- 2090 U.S. Highway 70, Swannanoa, N,C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 1 oOe arolina "-- ��. F Easley Governor WJ-1at_ R Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, PZ Director Division of Water Quality July 7, 2005 CERTIFIED MAIL Return Receipt Requested' 7002 0460 00019899 0980 Mr: Lloyd Williams,. Jr. Carolina Energies, Inc. P. O. Box 910 Shelby, North Carolina 28151 Subject: Notice of Violation Compliance Evaluation Inspection Sugar Hill Truck Stop Wastewater Treatment Facility NPDES ,Permit #NC0029831 McDowell County, Dear Mr. Williams: On June 10, 2005, Janet Cantwell conducted an inspection of the Sugar Hill Truck Stop's wastewater treatment facility. Although the facility was discharging a clear effluent and was considered to be in compliance with the effluent limits contained in the NPDES permit, the overall condition of the facility did not comply with the condition contained in Part II C.2 of this permit. Part II C.2 states: "The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the Permittee to achieve compliance with the conditions of this permit." The tanks and the piping show signs of severe corrosion. To -illustrate, the cross bars at the head of the plant have deteriorated to the point that they have completely broken away from the plant walls. The condition of this facility is such that its replacement is most likely warranted. Please be aware that if effluent violations occur that are attributable to the poor condition of this facility, you will be subject to the assessment of civil penalties for both effluent permit violations and for failure to maintain the facility as required in Part II C.2 of the NPDES permit. Better access to the plant would be advisable. Much of the terrain is steep and eroded making traversing hazardous. The "steps" consist of concrete blocks too narrow and unsteady for foot placement and no'handrails are present.to prevent failing. Please respond :in writing no later than July 20, 2005, addressing the above stated points., If you should have any questions, please contact Janet Cantwell at 828-296-4500. . . Sincerely, .12 Roger C. Edwards, Supervisor Surface Water Protection Section XC: James & James -Environmental PERCS Unit Nne or Carolina Jvatura4 :North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone 828 Internet: h2o.encstate.nc.us ( ) 296-4500 Customer Service FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper United States Environmental Protection Agency A Washington, D.C. 20460 Water Compliance Inspection R Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code. NPDES yr/mo/da Y Inspection Type Inspector 1 U , 2 U 31 NC0029831 1 11 121 OS/06/10 117 18�C1 191Gi Remarks �U-� LJ z,lllllllllllllllllllllllllllllllllllllll Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 OA 67 169 70 U 71 U 72 L"J 73 I I 174 75 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date POTW name and NPDES permit Number) Sugar Hill Truck Stop 11:05 AM 05/06/10 1326 Sugar Hill Rd Exit Time/Date Marion NC 28752 11:35 AM 05/06/10 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Name, Address of Responsible Official/Title/Phone and Fax Number William David Cable,1326 Sugar Hill Rd Marion NC 28752/ORC/828-898-6277/ Section C: Areas Evaluated During . Permit Flow Measurement Sludge Handling Disposal . Facility Site Review Section D: Summary of Finding/Comments (Attac (See attachment summary) Name(s) and Signature(s) of Inspector(s) Janet Cantwell of Management A Reviewed ; %% EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Other Facility Data Contacted I No nspectlon (Check only those areas evaluated) Operations & Maintenance ■ Records/Reports Effluent/Receiving Waters 0 Other i additional sheets of narrative and checklists as nece Fac Type 20 U Permit Effective Date 05/02/01 Permit Expiration Date 09/12/31 Agency/Office/Phone and Fax Numbers Date ARO WQ//828-296-4500 Ext.4667/ Agency/Office/Phone, and Fax Numbers �f Date rC/ i 0 NPDES yr/mo/day Inspection Type 3I NCO029831 I11 12, 05/06/10 117 18i i icon Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Facility is showing extensive deterioration. The piping, treatment plant and gratings are severely corroded. To illustrate, the crossbar at the head of the facility has rusted to the point that.it is separated from the facility walls. Repair may be possible, but most likely, the facility will need to be replaced altogether. The owner needs to have the facility evaluated and a plan of action implemented to address this concern. Part II C.2 of the NPDES permit requires this facility to be properly maintained. violates this requirement. Its current condition The effluent was clear. There were some rising clumps of sludge in the clarifier. The operator does not operate the skimmer; controls except manually when he is on site. He states it causes sludge blanket to rise in the clarifier. Access to the plant is hazardous. The terrain is steep and eroded. The "steps" are too narrow for foot placement, are unsteady and do not have handrails for support. Some of the gravel and debris wash down to the treatment plant -during heavy rains. WA �� Qicl el .,, e GSe North Carolina Department ofFlpvimillen nd aturaahRes nrce i Alan W. Klimek, P.E. Director O. Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION September 7, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gary A. Whitener Carolina Energies Inc PO Box 910 Shelby NC 28151 Subject: NOTICE OF VIOLATION <, . NOV-2004-LV-0443 Permit No. NCO029831 Sugar Hill Truck Stop McDowell County Dear Mr. Whitener: A review of Sugar Hill Truck Stop's monitoring report for May 2004 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 05/11/04 45 mg/1 46.9 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 W&Caroli Mr..',-GaryA-Whitener r,. _ . . } compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, � r Forrest R. Westall Surface Water Protection Regional Supervisor A Enclosure cc: &WQ Central Files compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, � r Forrest R. Westall Surface Water Protection Regional Supervisor A Enclosure cc: &WQ Central Files F 1 L-E �0F W A rFRQ Michael F. Easley, Governor William G. Ross Jr., Secretary `(n North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P. E. Director > --� Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION June 7, 2004 Mr. William David Cable Carolina Energies, Inc. PO Box 910 Shelby, North Carolina 28151 Subject: NOTICE OF VIOLATION Effluent Limitations NPDES Permit Number NCO029831 Sewage Treatment Plant Sugar Hill Truck Stop McDowell County Dear Mr. Cable: Review of subject self -monitoring report for the month of January, 2004, revealed a violation of the following parameter: Pipe Parameter Reported Value/Unit Limits Value/Unit 001 Fecal Coliform >3300 Colonies/100 ml 400 Colonies/100 ml Remedial actions, if not already implemented, should be taken to correct the problem(s). The Division of Water Quality may pursue- enforcement actions for this and any additional violations of State Law. If you have questions or if you need assistance, please call Janet Cantwell at 828/296-4500. Sincerely, r orres R. Westall Water Quality Regional Supervisor Xc: James & James Environmental Mgt., Inc. McDowell County Health Department Compliance/Enforcement 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 29977043. Customer Service I-877-623-6748 William G. Ross Jr., Secretary North Carolina Department, `t wironment and Natural Resources `+37 `� 1 Alan W. Klimek, P.E. Director Divisiori of Water Quality 1 /23/04 Gary A Whitener Carolina Energies Inc PO Box 910 Shelby, NC 28151 SUBJECT: Payment Acknowledgment Civil Penalty Assessment - Sugar Hill Truck Stop McDowell County Permit No: NCO029831 TX-2003-0308 Dear Mr. Whitner: This letter is to acknowledge receipt of check No. 0072420 in the amount of $1,124.24 received from you dated January 15, 2004. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Maurice K Bowden at (919) 733 — 2136. cc: Enforcement File #: TX-2003-0308 Asheville=Regional Office Supervisor Central Files Sincerely, For Coleen Sullins, Deputy Director Division of Water Quality iffJAN 3 0 bOQ& 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 William G. Ross Jr., Secretary North Carolina Department 6,v ronment and Natural Resources tiff;'• '> `• Alan W. Klimek, P.E. Director Division of Water Quality ,.,.:::....:;...:. 1/5/04 Gary Whitner Carolina Energies Inc PO Box 910 Shelby, NC 28151 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Sugar Hill Truck Stop McDowell County - Permit No: NCO029831 LT-2003-0306 Dear Mr. Whitner: This letter is to acknowledge receipt of check No. 0072234 in the amount of $3,000.00 received from you dated December 16, 2003. This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Maurice K Bowden at (919) 733 — 2136. cc: Enforcement File #: LT'2003-0306 zi�sllevil�le-Regional=Office Superv�is.or, Central Files Sincerely, For Coleen Sullins, Deputy Director Division of Water Quality D JAW r 1 5 �QOZ i �g-f .:�h. 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 -1 JAMES &JAMEs ENVIRONMENTAL MANAGEMENT PO `BOX 1354, MOUNTAIN HOME, NC 28758' - OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ,ANNUAL REPORT I. General Information Facility/System Name: SUGAR HILL- TRUCK STOP Responsible Entity: I Carolina Energles, Inc Person in Charge/Contact: Gary Whitner Applicable Permit(s): NCO029831 Description of Collection System. or Treatment Process: Sugar Hill Truck Stop is a 5,000 gallon extended aeration facility with in -line septic tanks for trash &I grease removal, aeration basin, clarifier, chlorine and de -chlorination H. Performance; i Text Summary of System. Performance for Calendar Year 2003 James & James began as ORC in October 2003. When we took over there had been difficulty in passing the Toxicity for the entire year. A toxicity was collected In Novembf that failed, but the other tested averaged it compliant. List (by Month) anylviolations of permit conditions or other environmental ; ..regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach addWonal snots If needed. Many failed twddtys i ' i v I ' James & James Env. Mgt System: " Permit #: Carolina Energies, Inc NC0029831 M. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this Issue has been rectified. 1V. Certification 1 certify under penalty; of law that this report is complete and accurate to. the best of my knowledge. I'further certify that this report has been made available •to the users or customers' of the named system'and that those users have been notified of Its availability. (please see below) [certify that this report has been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy can be either viewed or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management, Inc. 416104 Responsible Person Date Title Entity - QF W ATFR Michael F. Easley GCS QG Governor Vj•7,William G:.Ross, Jr:, Secretary >• r—� Department of Environment and Natural. Resources ,> O < Alan W. Klimek, P.E., Director Division of Water Quality " December 16,-2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gary Whitner Carolina Energies Inc. P.O. Box 910 Shelby, North Carolina 28151 SUBJECT: Effluent Total Residual Chlorine Concentrations Effluent Toxicity Testing NPDES Permit No. NCO029831 Sugar Hill Truck Stop McDowell County Dear Mr. Whittier: The Division implemented a Total Residual Chlorine (TRC) Policy for NPDES Permit effective April 1, 2003. Highlights of the TRC Policy are: ✓ TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003. ✓ Facilities that do not use chlorine Zvi iiot receive a TRC limit; however, the presence of a chlorine back-up system to augment UV or other disinfection requires a TRC limit. ✓ •Facilities discharging to streams with a 7Q10 <0.05 cfs (zero -flow streams) will receive a limit of 17 µg/L ✓ Limits will be capped at 28 µg/L to protect against acute impacts. A review of your facility's past Discharge Monitoring Reports from January 2000 indicates effluent total residual chlorine concentrations ranging 0.145 mg/L to 12.1 mg/L. This information is brought to your attention since it is unlikely that Sugar Hill Truck Stop will be able to consistently comply with the new total residual chlorine limit upon permit issuance unless dechlorination (or another .means of disinfection) are employed. Although the Division may include a compliance schedule in your NPDES Permit upon renewal to allow for design/construction of a dechlorination unit and/or alternative disinfection, 'our office will recommend a minimal compliance schedule due to elevated effluent total residual chlorine concentrations and our efforts in bringing this -issue to your attention approximately six months prior to your NPDES Permit renewal. , It is in the facility's best interest to immediately address this issue. If you have any questions concerning this correspondence, please contact me at (919) 733-2136 or Mr. Larry Frost in our Asheville Regional Office at(828) 251-6208. Sincerely, r V, -2,14� Matt Matthews, Supervisor Aquatic Toxicology Unit cc: Kevin Bowden -Aquatic Toxicology Unit ,s r.«<.�:� 7 :Ve aver-NPDEUnit �Larry_1~xos :� heville Regional-QOffice Point Source Compliance/Enforcement Unit Central Files 6 2003 I1�1il NCDENR Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 800 623-7748 Michael F. Easley Governor William G. Ross, Jr.,:Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality November 21, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Gary Whitner Carolina Energies Inc. P.O. Box 910 Shelby, North Carolina 28151 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0029831 Sugar Hill Truck Stop McDowell County Dear Mr. Whitner: This is to inform you that the Environmental Sciences Branch has not received your toxicity self - monitoring report form for the month of September 2003. This is in violation of Title 15A of the North _____Carolina Administrative Code, Chapter 2,..Subchapter 2B, Section _.050.6_(a)(1)(A) which_states_that__—___ "monthly monitoring reports shall be filed no -later than 30 days after the end of the reporting period for which the report was made.,, Your Discharge Monitoring Report for September 2003 does not indicate that a chronic toxicity test was conducted. Please remember that reporting of toxicity self -monitoring, data is a dual requirement. Toxicity test results must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESB, 1621 Mail Service Center, Raleigh NC 27699- 1621 within the required time frame. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of September 2003 until you make acceptable demonstration to the Environmental Sciences Branch that the report form was submitted to this office within the required 30 day reporting period. Failing to conduct toxicity testing per the NPDES permit subjects the facility to the enforcement authority of the Division. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, tOverton Assistant Water Quality Section Chief for Environmental Sciences cc: of rest Westall�Asheville Re6onal_Offce _ NOV 2 6 2003 Keith Haynes -Asheville Regional Office a Aquatic Toxicology Unit Files jy Central Files WATER ?UALITY SECTION �ASUFUIcI RFAInNal ()FF!rF WDEN1 Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-21361 ann coo -»eo WHOLE EFFT TOXICITY MONITORING AND REPORTISFORMATION ; ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in vour NPDES permit. If you should have any questions about your toxicity -testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733- 2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality - Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 _ _ ➢_ _ - Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be'accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the pennittee will revert to the quarterly months specified in the permit. Please note that your permit may or may not contain this language. ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, - `— - - then you must provide written no[ificationto the Environmental -Sciences -Branch by-June-30-that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not :received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. •To determine if your AT test forms were received on time by,the Division of Water Quality, You may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. 59 Woodfin Place State of North Carolina Department of;Environment and Natural. Resources Division,' of Water Quality October 22, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED = Mr. Lloyd Williams Sugar Hill Truck Stop P.O. Box 910 Shelby, North Carolina 28151 . SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO029831 Sugar Hill Truck Stop WWTP McDowell County Dear Mr. Williams: Asheville, North Carolina 28801 This is to inform you that a review of your toxicity self -monitoring report form for the month of August 2003 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include -conducting, a Toxicity Reduction Evaluation (TRE) which is a site -specific study designed to identify the causative agents of effluent toxicity,- isolate the sources of toxicity, evaluate the,"effectiveness of toxicity control options, and then confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains -important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review -this information.and.if it would be helpful to discuss this -situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. Keith Haynes with this office at (828) 251- 6208.. Sincerely, .r Foi est Westall Regional Water Quality Supervisor cc: Kh�Hane - svlle�ionaU' , e Aquatic Toxicology Unit Central Files WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION The following items are provided in an effort to assist you with identifying critical and sometime toxicity testing and reporting information. Please take time to review this information. The item; address or include all the toxicity testing and reporting requirements contained in your NPDE; you should have any questions about your toxicity testing requirement, please contact Mr. Kevin the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Toxicity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1,1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1- June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the, form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC). except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you mayconsider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. Michael F. Easley, Governor J William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director 1 Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality WATER QUALITY SECTION October 15, 2003 Mr. Lloyd Williams Williams Oil Company of Shelby, Inc. Post Office Box 910 Shelby, North Carolina 28151 Subject: Compliance Evaluation Inspection Status: Compliant Sugar Hill Truck Stop NPDES Permit Number NCO029831 McDowell County Dear Mr. Williams, Asheville Regional Office On September 23, 2003, 1 conducted a Compliance Evaluation Inspection at the wastewater treatment plant serving Sugar Hill Truck Stop. The purpose of the inspection was to determine the compliance status of the facility. A copy of the inspection report is enclosed for your records. Mr. David Cable of Water Quality Services accompanied me during the inspection of your facility and his assistance was greatly appreciated. The area within the fenced area of the plant was exceptionally clean and it was obvious that Mr. Cable pays attention to detail by the fact that window screens had been brought in to cover the various tanks and keep leaf litter out of the treatment process. At the time of the inspection the wastewater treatment plant appeared to be operating properly. The aerator diffusers were reported by Mr. Cable to have been replaced within the last year and they were operating well. The operator's log is on site and up to date. The blower was functioning with good belts and a clean filter. On September 22, 2003 McDowell county had a rainfall event > 1 " and it was apparent that runoff from this rainfall entered the aeration and chlorine contact chambers. Please address the runoff into the plant. On the aeration tank side of the plant there is a retaining wall that is collapsing and has been eroding during rainfall and runoff events. This wall should be stabilized to prevent runoff and possible wall debris from entering the plant. On the chlorine contact chamber side of the plant it is apparent that the new parking lot runoff leaves the pavement and erodes- a path by the plant and during excessive events into the plant. Please properly stabilize and direct this erosion path away from the treatment facility. iNOn� 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Mr. Lloyd Williams Page Two September 29, 2003 Results of grab samples retrieved during the Compliance Sampling Inspection conducted on September 23, 2003. Permit Limits Parameter Limits Results BOD 30 — 45 mg/I 2.0 TSR 30 - 45 mg/I 3.1 NH3 as N 0.36 Finally, as Mr. Larry Frost noted in his October 2001 inspection report you have been doing a great deal of renovation at this location and I would like to encourage you to consider the wastewater treatment plant as part of the renovation. The current facility is dated, it has no backup blower, no sludge digester and no sludge storage. The tanks show signs of severe corrosion and the chlorine contact chamber may require additional baffles to ensure the permitted 30 minutes of contact time. If you would like to discuss this further or should you have any question regarding this report please' call me at (828) 251-6208. Sincerely, Michael McDonald Environmental Technician Enclosure xc: David Cable — Water Quality Services James and James Environmental Management 19011 NOR 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 u 2 u 31 NCO029831 I11 12' 03/09/23 117 18 U 19I-1 20 U Remarks 21111111111111Jill 111111111111111111111111Jill 11116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---------Reserved------------ 67 I 169 70 U 71 U 72 U 73 W 74 751 I I I I. I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:00 AM 03/09/23 00/05/07 Sugar Hill Truck Stop Exit Time/Date Permit Expiration Date 1326 sugar Hill Rd Marion NC 28752 11:45 AM 03/09/23 04/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data William David Cable/ORC/828-898-6277/ Lloyd Williams/// Name, Address of Responsible Official/Title/Phone and Fax Number Lloyd Williams Jr.,P 0 Box 910 Shelby NC 28151//704-482-9561/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This facility is a 0.005MGD extended aeration wastewater treatment plant with a bar screen, aeration basin, clarifier, and chlorination equipment. At the time of the inspection the wastewater treatment plant appeared to be operating properly. The aerator diffusers were reported by Mr. Cable to have been replaced within the last year and they were operating well. The operators log is on site and up to date. The blower was functioning with good belts and a clean filter. On September 22, , (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Michael McDonald ARO WQ//828-251-6208/628-251-64$2 e- 1o_ � Sign tur anagement Q/A R fewer Agency/Office/Phone and Fax Numbers Date a EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type (cont.) 1 31 NC0029831 11 121 03/09/23 117 -18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) 2003 McDowell county had a rainfall event >111 and it was apparent that runoff from this rainfall entered the aeration and chlorine contact chambers. Please address the runoff into the plant. On the aeration tank side of the plant there is a retaining wall that is collapsing and has been eroding during rainfall and runoff events. This wall should be stabilized to prevent runoff and possible wall debris from entering the plant. On the chlorine contact chamber side of the plant it is apparent that the new parking lot runoff leaves the pavement and erodes a path by the plant and during excessive events into the plant. Please properly stabilize and direct this ergsion path away from the treatment facility. Results of grab samples retrieved during the Compliance Sampling Inspection conducted on September 23, 2003. Permit Limits Parameter Limits Results BOD 30 - 45 mg/1 2.0 TSR 30 - 45 mg/1 3.1 NH3 as N 0.36 The current facility is dated, it has no backup blower, no sludge digester and no sludge storage. The tanks show signs of severe corrosion and the chlorine contact chamber may require additional baffles to ensure the permitted'30 minutes of contact time. �- Michael F. Easley Governor - William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality July 23, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dewey Meek Sugar Hill Truck Stop P.O. Box 910 Shelby, North Carolina 28151 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO029831 Sugar Hill Truck Stop McDowell County Dear Mr. Meek: 4 2003 ` c ITY SEC&I 310NAL 0FQQE This is to inform you that the Environmental Sciences Branch has not received your toxicity self - monitoring report form for the month of May 2003. This is in violation of Title 15A of the North Carolina Administrative -Code, Chapter-2, Subchapter-2B;-Section .0506.(a)(4)(A) which states that -"monthly - - -- monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report was made." Your Discharge Monitoring Report for May 2003 does not indicate that a chrohic toxicity was conducted. Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test results must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESB, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of May 2003 until you make acceptable demonstration to the Environmental Sciences Branch that the report form was submitted to this office within the required 30 day reporting period. In addition if within the next twelve (12) months future reports are not received within the required time frame you may be assessed a civil penalty. The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one page summary and if you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. cc: Sincerely, 4 Overton Assistant Water Quality Section Chief for Environmental Sciences CForest Westall— Asheville-RegionzL-0ftice--, Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Files A Central Files SJCDEN Customer Service 800 623-7748 Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 WHOLE EFFLUENT TOXICITY MONITORING AND REPORTINC.� , 'ORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity -testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733- 2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC_27699-1617 IN ADDITION i Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Branch i R1621 Mail Service Center aleigh;`North Carolina 27699-1621 ➢ Toxic ity test results shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives le concentration toxicity testing will influence the Division's enforcement response. effective July 1, 1999. Follow-up multip ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity ting months specified in your NPDES permit are March, June, September, and monitoring requirements (eg, if the tes December, then toxicity testing must be conducted during these months). ➢ Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing this monthly test requirement, the permittee will revert to the quarterly mbriths specified i the permit. Please note that your permit may or may not contain this language. _ ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Branch by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Branch at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and write "No Flow" on the AT form, sign the form and submit following the month/year of the subject report. You should also normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities sification. In these cases, a duly authorized facility representative must sign the AT which have not received a facility clas form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. . DOW. o¢ EhNR ` Annual Wastewater Treatment Plant Reporf' DEC j 0 2002 Sugar Hill Truck Stop P i NPDES #: NCO029831 Date: 2/12/02 cll.- � �.1i FED 1 8 2002 DENR - WAFER QUALITY POINT SOURCE BRANCH We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters everyday. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Morris Trammel at (828) 898-6277. We want our valued customers to be informed about their wastewater utility. Let us first take this opportunity to give you a brief description of the Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets full, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. PERFORMANCE The treatment plant did very well last year. For the whole year, the plant was non- compliant for only eight days. Granted, being compliant for all 365 days is the goal; some circumstances can not be prevented. These non-compliance's were for daily maximum limits, and the treatment plant had no non-compliance's with its monthly average limits for the entire year. The treatment plant was in compliance for May, August, September, October, November, and December. In January, the plant had one daily maximum non-compliance's for fecal coliform and TSS. Some solids got wash into the chlorine contact chamber and out into the effluent. The solids were pumped to the digester, the chlorine adjusted, and the plant was back in compliance by the very next sample. In February, the plant had two daily maximum non-compliance's for fecal coliform. The chlorine was adjusted, and the plant was back in compliance by the very next samples. In March, the plant had one daily maximum non-compliance's for fecal coliform. The chlorine was adjusted, and the plant was back in compliance by the very next samples. In April, the plant had a daily maximum non-compliance for total suspended solids. Some grease built up in the plant and hurt the effluent quality. The solids were pumped from the plant, and the plant was back in compliance by the very next sample. In June, the plant had one daily maximum non-compliance's for fecal coliform. The chlorine was adjusted, and the plant was back in compliance by the very next samples. In July, the plant had one daily maximum non-compliance's for fecal coliform. The chlorine was adjusted, and the plant was back in compliance by the very next samples. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per the NOTIFICATION section above. Paul Isenhour Laboratory Supervisor Water Quality Services, Inc. Date a� W ATFR� Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and. Natural Resources Cl - Coleen H. Sullins, Director F Division of Water Quality • E� SURFACE WATER PROTECTION SECTI �.,. E- I,l L September 4, 2007 Mr. Whitener Carolina Energies Inc PO Box 910 Shelby, NC 28151 SUBJECT: Wastewater Collection System Owner & Operator Requirements Sugar Hill Truck Stop NCO029831 McDowell County Dear Mr. Whitener: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective 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. These regulations are applicable to your facility. This letter is provided as guidance to assist you. in complying with the new reporting and operations and maintenance. (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. For your convenience and easy reference,, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: http://h2o.enr.state.nc.us/peres/Collection°/a2OSystems/CollectionSystemsHome.htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. North Carolina 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 September 4, 2007 Page 2 of-2 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 listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of.1his," fficp. ,.; I I This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or need additional information regarding this issue, please contact Don Price at (828) 296-4500. Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out DWQ - SWPS - Central Office Files - w/out enclosures Complete items 1, 2, and 3. Also complete A item 4 if Restricted Delivery is desired. X Print your name and address on the reverse so that we can return the card to you. g Attach this card to the back of the_mailni—a - — on--" North Caraf I. Art 7, 1 Environment an4, I.�, -RA 2090 U.S. Highway 70, Swag NCDENR GARY WHITNER ENERGS CAROLINA POST-(Q.EFICE BOX 910 SHELF IC 28151 �- gent ❑ Addressee i by-7 Print Name) C. Date of Delivery arti`dent OAI'-' / 1 '03 eS e tesWrcvent from Item 1? ❑ Yes Nc 28778 address below. ❑ No 3. ervoe Type ❑ express Mail Retum Receipt for ❑ Insured Mali IV C.O.D. 4. Restricted Delivery? (Extra Fee) 7j006i 34..55t100t J21t'7,p � 4'E240q:�;; I' lJ ,r7 rZ U=D(2o�vg ,StFor ' 88111.1 Fe6ruary 2004 I I i I I ': D'omestic Retum Receipt iozsss oz nn-isac UNITED STATE8Wd4A +tCRVWE 1 v 28 • Sender: Please print your name, addr6s9, fcLE P+4 in o 0 N o O fTI nn I.7%DEHR-C�wQ-:'rVF• 1 ?OA U-£. HIGHi^/AY 70�' • ^I SWa!a•aard0.� NC %5776 Z IIIIIIIIIIIIIIIIIIIIIIIIIa111111111111111111111111111111111111 ' O -, <w J C'3 Cc 0 w cc _i Q W Q • 0 Complete items 1, 2, and 3. Also complete te if Restricted Delivery e iveis desired. III Pr ur name and address on the reverse so t we can return the card to you. M Attach this card to the back of the mailpiece, No Ga 0 r I i t� 11\ Environmennd ! �; 7W-; -2090� U.S.- 'Highway 7r,� NODEN :, *tat� GARY WHF1 NER. CAROLINA ENERGIES. INC'- -POST OFFICE 010. SHELBY NC,281-51.. rA Article Number X S: .4ignatur& 0 Agent , , Z 4 W 0 Addressee B. ceived by nt d me) Delivery 4., C. Date of Del. is a Depa hentof_ different from item 17 11Yes at are I W: 0 No *jn 18f78 3.ice Type Certified M 11 S. Mai WA y t6 Rece t for Merchandise rS E estricted Delivery? (Extra Fee) ❑Yes — -- ----- ----- . ....... IS Form 3811, August 2001 Pomestic Ret r Receipt 102595-02-M-1641 ii ;:; i f ­2 ti . 0 - L V -014LI L/ UNITED STATES POSTAL SERVICE, fVCC,� E,tTvironment and Nat&a"lAesour6es - �01FAl'-2090.0 -- Highway 70, Swannanoa,- -4c - 8 NCDE N MS. JANE7TUN'T'W`--Ei-LL-' NCDENR-DVVQ-VVQS 2090 U.S. HIGHWAY 70 SXPJANNANOA NC 23778 i I it lete items 1, 2, and 3. Also complete A. Signature 4 if Restricted Delivery is desired. Print your name and address -on the reverse so that we can return the card to you. B. ecei ed y,(i Attach this card to the back of the mailpiece, _. why s ,IST, C, F r9X ❑ Agent C. Date of Delivery 3.. Se ice Type i J, ] w , i Oertified Mail 10 Express Mail d i Registered ,, -K eturn Receipi joor . brchandise ❑ Insured Mafl.�.AD.-- �! -it [ 1 4. Restricted Deli%6y2.{Era-Fee}_dyes Article Number; (Transfer from service label) 'S:Form 3811 . Fehruary 2004 . Domestic Return Recebt 102595-02-M-154 UNITED STATE , ,TP,S.TALI SERVICE I 4 L Eirst-G-Ias'ls Mail Posta d &I FeesAhwd b�psl �t;r mii,,No� GAW I Complete items 1, 2, and 3. Also comiSiOb A ASign it*f Restricted Delivery is desired!' XJ ur name and address on the reverse, o 0 at at we can return the card to you. n 13/&,eiye-d-b� North Q -r 416 n a D Snvironment-and.Natural -Rest --2OeO U.S.'HighWay 70, SWannanoa, Nc, -:GARY WH.1TNER- EVERGIES CAROLINA POST OFFICE.BOAX 910 SH tLBY,-- NC -,28151'."— u rces • erent from item 1 11 Yes 28718 address below: 11 No Certified Mail 0 Merchandise 11 Yes Article Number (Transfer from service labeo 7004 0750 0000 2893 0545 s Form 3.811, August 2001 Domestic Return Receipt 102595-02-M-154( I t I ii i I I i 1 1 i 11A -A %I — Al I LJ *7 UNITED STATES POSTAL SERVICE z j Ft s Mail 1� Fees Paid I I I I I Ito I 2,c. G-Ift 1W North Carolin4,6eparfment.o'f Environment and Natural-ResoU'r-ces- Ajf, Az-. '2090, M—wo—WIL Q�.f ii_clhviay 70, Swannanoa, Nc 28778 NCDE I'VIS. JAN ET'CANTW"H� LL:- NCDENR-DVVQ-VvQ,c, 22090 U.S. HIGHVV -70 SVVANNANOA N%—, 28778 Iii Ht ttitii (iiM IiH iHHHH( 111H Hit i I