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HomeMy WebLinkAboutNC0030996_Regional Office Physical File Scan Up To 1/5/2021NCDENiR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 24' 2011. CERTIFIED MAIL: 7002 3150 0003 7052 4160 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Asheville, NC 28805 SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0034 Whole Effluent Toxicity. (WET) Testing NPDES Permit No. NCO030996 The Switzerland Inn McDowell County Dear Mr. Jensen: Dee Freeman Secretary This is to inform you that a review of your toxicity :self -monitoring report forms for June, 2011 indicates violations 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), 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 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 appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. ,rin, ere y, , p Q Cindy Mo e Supervisor, Aquatic Toxicology Unit cc: Roger Edwards- Asheville Regional Office d-effjlVlenzel- Asheville Regional Office Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-851.71 Customer Service:1-877-623-6748 Internet: http:llh2o.enr.state.nc.uslesbl �l1 AUG 262011 P :r WATER QUNjT S -C- ASNEVILLE(11C 81 I rIa An Equal Opportunity! Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 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 isa 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 Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 Section 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 Section at (919) 743-8401 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 Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet http:l1h2o.enr.state.nc.uslesb1 Nne orthCarolina An Equal Opportunity 1 Affirmative Action Employer r. E - ty'L Water Resources ENVIRONMENTAL QUALITY October 31, 2016 Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 SUBJECT: Compliance Evaluation Inspection The Switzerland Inn Permit No: NCO030996 McDowell County PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director Dear Mr. Jensen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on 'October 24, 2016. The facility appeared to be in compliance with permit NC0030996. Please refer to the enclosed inspection report for detailed observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enc. Inspection Report cc: Bobby Kramer, ORC (e-copy) MSC 1617-Central Files -Basement (rAsheville Files _ G:\WR\WQ\MoDowell\Wastewater\Minois\Switzerland Inn 30996\10-24-2016Irisp66ti6n\CEI:10=24-2016.d66x State of North Carolina I Environmental Quality I Water Resources 2090 U.S. Highway 70 Swannanok NC 28778 828 296 4500 - United States Environmental Protection Agency F Form Approved. PA Washington, D.C. 20460 Water C;ompliance Inspection Report OMB No. 2040-0057 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 IN I 2 15 I 3 I NCO030996 11.1 121 16/10/24 I17 18 i CJ 19 I! I 20I I 2111111111.111111111IIIIIIIIIIIIIIIIIIIIIIIII IS Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------Reserved-------- 67 70 L—I I j 71. L_j L 72 �J. 73 I � I I74 75I I I I I I I I80 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) 01:00PM 16/10/24 15/04/01 The Switzerland Inn 226a Blue Ridge Pkwy Exit Time/Date Permit Expiration Date Little Switzerland NC 28749 03:00PM 16/10/24 19/12/31 Name(s) of Onsite Representative(s)rFitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153/ Contacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance N Records/Reports 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 Linda S Wiggs ARO WQ//828-296-4500 Ext.4653/ Signature of Ma __ gt Q A Reviewer Agency/Office/Phone and Fax Numbers Date. EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type (Cont.) 1 31 NCO030966 I11 12 16/10/24 17 18 ICI C i Section D.' Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Inspector, Linda Wiggs, met onsite with the Owner, Gary Jensen, and the ORC, Bobby Kramer. Several chambers of the grease'trap and the septic tank were observed. ' An evaluation of the floating scum/grease and settled solids levels need to be performed on all tanks and their associated . chambers to determine pumping needs. The facility closes for the winter, giving ample opportunity for maintenance needs. The owner stated this year he would like to seal select chambers in the tanks for maintenance. He also stated that the two dosing bells had recently been replaced. The sand in the sand filter was replaced —5 years ago. The distribution lines are repaired/replaced regularly/annually as needed. r The chlorine contact chamber will need solids removed this winter. It also needs to be considered for structural improvements. The most notable areas observed were the corroded weir and the cinder block sides. The cinder block sides are not contiguous allowing for stormwater and associated debris/soils to be carried. into the chamber during rain events. We also discussed the level of chlorine tablets in. comparison to the de -chlorination tablets with regard to possible toxic effects and refining the usage based on some process control TRC readings. Page# 2 Permit: NCO030996 Owner -Facility: The Switzerland Inn Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No. NA NE Is the plant generally clean with acceptable housekeeping? M. ❑ ❑ ❑ Does the facility analyze process control parameters, for ex:' MLSS, MCRT, Settleable ❑ ❑ M ❑ Solids, pH, DO, Sludge' 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 ❑ ❑ M ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ M ❑ ❑ Is access to the plant site restricted to the general public? ❑ 0 ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ Is all required information readily available, complete and current? ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? -❑ ❑ ❑ Are analytical results consistent with'data reported on'DMRs? _ ❑ '❑ ❑ Is the chain -of -custody complete? ❑ ❑ . ❑ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs - ❑ •' Are DMRs completeAo they include all permit parameters? M ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ❑ -❑ ❑ . (If the,facility is = or> 5 MGD permitted flow) Do they operate 24/7 with a certified operator i- ❑ ❑ 0 ❑ on each shift? Is the ORC visitation log available and current? 0 ❑ ❑- ❑ Is the ORC certified at grade equal to or higher than the facility classification? M ❑ ❑ 11 Is the backup operator certified at one grade less or -greater than the facility classification? M ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? 0 ❑ ❑ ❑ Page# 3 Permit: NCO030996 Owner - Facility: The Switzerland Inn Inspection Date: 10/2412016 Inspection Type: Compliance Evaluation Record Keepinq Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ M ❑ Comment: Grease Removal Yes No NA NE # Is automatic grease removal present? M❑ ❑ ❑ Is grease removal operating properly? E ❑ ❑ ❑ . Comment: Large -grease trap is in use.'The owner and ORC state grease is not an issue at the sandfilter. Septic Tank (if pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Yes No NA NE El ❑ ■ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ M ❑ Comment: An evaluation of the floatinq scum/grease and settled solids levels need to be performed on all tanks and their associated chambers to determine pumping needs. See summary. Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? i Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: A distribution box is present but has not been used in years according to owner. Sand was replaced — 5 years ago. Distribution. lines are replace regularly. —1-2 years. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or'sludge buildup? Yes No NA NE ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑-❑ ❑ ❑ M ❑ Yes No NA NE ❑ ❑ El- m ❑❑❑ 1 ❑ ❑ .❑ ❑ ® ❑ ❑ Page# 4 Permit: NC0030996 Owner -Facility: The Switzerland Inn Inspection Date: 10/24/2016 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ Comment: Contact chamber had —6" of buildup. See summary. De -chlorination Yes "No NA NE Type of system ? Tablet r Is the feed. ratio proportional to chlorine amount (1 to 1)? ❑ 0 ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ , # Is de -chlorination substance stored away from chlorine containers? 0 ❑ ❑ ❑ Are the tablets the proper size and type? ❑ ❑ ❑ Comment: Two tubes of de -chlorination in use to one tube chlorination. Are tablet de -chlorinators operational? 0 ❑ ❑ ❑ Number of tubes in use? 2 Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Yes No NA NE • ❑ ❑ ❑ • ❑ ❑ ❑ ❑ ❑ ■ ❑ Page# 5 United States Environmental Protection'Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 IN 2 15 1 3 I NCO030996 111 121 16/10/21 ' J17 18 ICI 19 I s i 201 I. 2111111111111111l11.11111111111111111111=I 11L166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA -- — — — Reserved-------------- 67 70 I_ 71 I j 72 LLJ I I I ti j 73 I I74 7511 1 1 1 1 1 1 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 01:00PM 16/10/21 15/04/01 The Switzerland Inn 226a Blue Ridge Pkwy Exit Time/Date Permit Expiration Date Little Switzerland NC 28749 03:OOPM 16/10/21. 19/12/31 Name(s) of Onsite Representative(s)aitles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153/ — - . No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance E Records/Reports 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 Linda S Wiggs ARO WQ//828 296-4500 Ext.4653/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form, 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 1 31 NCO030996 111 121 16/10/21 117 18 I C Section D: Summary of Finding/Comments (Attach additional l sheets of narrative and checklists as necessary) n Page# 2 Permit: NCO030996 Owner -Facility: The Switzerland Inn Inspection Date: 10/21/2016 Inspection Type: Corripliance 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 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: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ❑ ❑ ❑ ❑ Is all required information readily available, complete -and current? ❑ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? '� ❑ ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? - ❑ ❑ ❑ ❑ Is the chain -of -custody complete? L ❑ ❑ ❑ ❑ Dates, times and location of sampling ❑ ' Name of individual performing the sampling / ❑ Results of analysis and calibration 6 ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ / Are DMRs complete: do they include all permit parameters? , ❑ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? /Y A ❑ ❑ ❑ ❑ (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator / ❑ ❑ ❑ ❑ on each shift? Y Is the ORC visitation log available and current? ❑ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ❑ ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? �� 1 ❑ ❑ ❑ ❑ Page# 3 Permit: NC0030996 Owner -Facility: The Switzerland Inn Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ❑ Comment: Grease Removal # Is automatic grease removal present? �10/v '✓j.' Is grease removal operating properly? / Comment: Septic Tank (If pumps are used) Is an audible and visual alarm operational? /./A Is septic tank pumped on a schedule? y /� Are um s or syphons operating properly? (�,eJj)"� Are high and low water alarms operating properly? NA Comment: Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE Sand Filters (Low rate) _ _ _ , Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ❑ ❑ Is the distribution box level and watertight? �r" t '�`, / ❑ ❑ ❑ ❑ Is sand filter free of ponding? 1 ❑ ❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? 1 El ❑ ❑ # Is the sand filter surface free of algae or excessive vegetation? ! ❑ ❑ ❑ ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) ❑ ❑ ❑ ❑ Comment: ��/��%' �✓-s'-a� ���t/� �C_j / ,� Disinfection -Tablet !/ Yes No NA NE Are tablet chlorinators operational?y 1/ ❑ ❑ ❑ ❑ Are the tablets the proper size and type? l ❑ ❑ ❑ ❑ Number of tubes in use?, Is the level of chlorine residual acceptable? /VE ❑ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? �� Gv^ L� .�/U❑ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? // ❑ ❑ ❑ ❑ Comment: Page# 4 Permit: NC0030996 Owner -Facility: The Switzerland Inn Inspection Date: 10/21/2016 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ❑ - ❑ # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ ❑ ❑ Comment: Are the tablets the proper size and type?/ Are tablet de -chlorinators operational? Number of tubes in use?� Comment: Effluent Pipe I Yes No NA NE Is right of way to the outfall properly maintained? "Y ❑ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? )/ ❑ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ❑ Comment: Page# 5 North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Ken Deaver KACE Environmental, Inc. 2905 Wood Rd Mooresboro, NC 28114 Dear Mr. Deaver: Donald R. van der Vaart Secretary March 5, 2015 Subject: Issuance of NPDES Permit NCO030996 The Switzerland Inn WWTP McDowell County Class WW-1 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 major changes from the draft permit sent to you on January 14, 2015. 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 15013of 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 any other Federal, State, 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. rote ely, S. Jay Zimmerman, ] Division of Water Re cc: CentraLEiles "Asheville Regional Office NPDES Unit Mr. Gary Jensen / The Switzerland Inn [P.O. Box 399, Little Switzerland, NC RECEIVED Division of Water Resources APR - 6 2015 Water Quality Regional Operations Asheville Regional Office 28749-0399] 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone; 919 807-6300 / FAX 919 807-6489 / http://portal.ncdenr.org/web/wq An Equal Opportunity/Affirmative Action Employer- 50% Recycledl101/o Post Consumer Paper z Permit NC0030996 '-'j i;t..x.i i, ..__.:.,s..',✓il `•"l- '. I __ 'ALly vfr. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES 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, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn 86 High Ridge Road Little Switzerland McDowell County to receiving waters designated as an unnamed tributary to Buchanan 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 April 1, 2015. This permit and authorization to discharge shall expire at midnight on December 31, 2019. ti Signed this day March 5, 2015 � ay Zimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission ``�' Page 1 of 6 Permit NCO030996 SUPPLEMENT TO PERMIT COVED, 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. Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Two grease traps [2500 gallons each] • Septic tank [10,000 gallons] • Dosing tank [3000 gallons] • 10,000-GPD single -pass sand filter • Tablet chlorination & chlorine contact chamber • Tablet dechlorination system The facility is located near Little Switzerland on High Ridge Road at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into an unnamed tributary to Buchanan Creek, currently classified C-HQW waters in Hydrologic Unit 03050101 in the Catawba River Basin. Page 2 of 6 Permit NCO030996 PartI .___ - _•.- ...., ..:.,:., �� -- - - ......,s A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et sdq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter: ,;. ;• Limits MonitonngRequirerents [PCS Code];, �: Average Daily?`Maximum `Measurement ',;;Sample Type Sample ; z ;Monthly Frequency _ __Location_ 2 Flow [50050] 0.01 MGD Weekly Instantaneous Influent Effluent r BOD, 5-day, 20°C [003101 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids [00530] 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3-N [00610] 2/1VIonth Grab Effluent Fecal Coliform [31616] (geometric mean 200/ 100ml 400/ 100m1 2/Month Grab Effluent Dissolved Oxygen [003001 Minimum daily average > 5.0 mg/L — Weekly Grab Effluent Dissolved Oxygen [00300] Weekly Grab U & D Temperature [00010] 2/Week Grab Effluent Temperature [000101 Weekly Grab U & D Total Residual Chlorine (TRC) 3 50060] 17 pg/L 2/Week Grab Effluent Chronic Toxicity3 [TGP3B] Quarterly Grab Effluent pH [004001 > 6.0 and < 9.0 standard units — — 2/Month Grab Effluent Footnotes: 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (3)]. 2. U: at least 100 feet upstream from the outfall. D: at least 300 feet downstream from the outfall. 3. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values < 50 µg/l will be treated as zero for compliance purposes. 4. Chronic Toxicity (Ceriodaphnia) at 90% with testing in March, June, September, and December (see A. (2.)). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 6 Permit NCO030996 F A. (2) CHR,ONIC TOXI6-7Y'7PERMIT LIMIT (Quarterly) -, `' V° [15A NCAC 02B.0500 et seq.] i t The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II .Chronic Whole Effluent Toxicity Test Procedure" (Revised - December 2010) or subsequent versions. The tests will be performed during the months of March, June, September, and December. These months signify the first month of each (three-month) toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and 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 -December 2010) 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 THP313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section 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 Water Sciences Section 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. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit arid continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. Page 4 of 6 Permit NCO030996 NOTE: Failure to achieve test conditions as specified in th�`�cited'do` u,u ent, 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. A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B: (11.) Signatory Requirements • 'Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DVVWs Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers Page 5 of 6 Permit NC0030996 — F shall• be valid for twelve (12) months and shall thereup&n l�xgire. - At such time, DMRs shall bey s1La .j v1:r. r: submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal. ncdenr. org/web/wq/adminibog/ipu/edmr Regardless of the submission method, 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. 11. d All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal. ncdenr. ory/web/wq/adminibog/i-ou/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 7 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." 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Page 6 of 6 NCO030996 - The Switzerland Inn Latitude: 350 50' 56" Longitude: 820 05' 23" USGS Quad: Little Switzerland, N.C. Stream Class: C-HQW Receiving Stream: Unnamed Tributary to Buchanan Creek Sub -Basin: 03-08-30 Hydrologic Unit Code: 63050101 Facility Location_ 'twf A r� McDowell County �/:l [map not to scale] NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. 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. 3/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 Day 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/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 C Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant 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 approval by the Director. This method 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. 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. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) 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. 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). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. 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 NPDES 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. 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). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. 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 or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean 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 or other bacterial parameters or indicators, 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 CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. 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. 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. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 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 knowingly 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. [33 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 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 $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 maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(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 H.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. Property Rights 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 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 15013-23]. 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 unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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. Si ng atory 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 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 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]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certij�, 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(f)]. 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 02H .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 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: . a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC):. (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) 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 ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) 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 week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance 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)] 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 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 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 8 of 18 (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 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 H.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)]: 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 except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. 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 02H .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. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the 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 122.410)]. 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: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting 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://portal.nedenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory 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 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 CWA 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]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 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 Entry 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, at reasonable times, 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 CWA, 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 soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. 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); or 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)]. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 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 H.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 using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, 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 122.41(1)(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.S 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(l)(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. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability 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. 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. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 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 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day 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. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. 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 (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. 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, conduct groundwater monitoring as may be 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"; (1) One hundred micrograms per liter (100 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 (1 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. 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 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the defmitions 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 under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] 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 Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through 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 Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. 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 the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, 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. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, 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. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW 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. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the 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 02H .0900 and 40 CFR. 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the 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 flow rate and/or pollutant concentration which will cause' Interference with the POTW; (5) 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; (6) Petroleum oil, non -biodegradable 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; or (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 POTW, 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 POTW. The Permittee shall report such discharges into the POTW 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 and times; 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, Version 11/09/20.11.1 , NPDES Permit Standard Conditions Page 16 of 18 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 User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(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 under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment ProSrams 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 02H .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 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .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 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW 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. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. 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 under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 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 Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 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 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 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable. Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)]'. 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 Permittee's collection system or 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 sununarizes 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 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtQ 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 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs 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 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all_SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU 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 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 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 02H .0909, specific local limitations, and other pretreatment. requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) 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 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .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. 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 calendar year to the Division at the following address: Version 1110912011.1 =_r NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs,, 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 Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permitted'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. [15A NCAC 02H .0903 (b)(34),.0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 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 and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 1.3. Pretreatment. Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) 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 Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.1 02/09/2016 12:44 8286--'364 KACE ENVIRONN— —AL PAGE 02/03 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A, 8G .0201 . ermittee Owner/Officer Name: _1 %l e W I Mailing Address: Citiy•� 1C ��- ran State:. ' �iP� -� —Phone #: Cgoi�%_3: - C�! 1, Email address: Signature: _ Facility Date' .ww....... I ......................... 40. Permit #: 9 _ C Da0_ qC _ Cou>Awiy: C� .......w..... .... ...........w4........................Mr....n......ww.M...............wn......ww.........ww-....w.w-.I......ww,•....nw.....ww, STJBMIT A SEPARATE FORM. FOR EACH TYPE SYSTEMI / ]Facility Type/Grade (CHECK ONLY ONE): �3iological. Collection Physical/C.l]ernical Surface lrngati.ott Trand Application ......................w., ....I .. ...... ............. nn ......w ...... ...... w, ........ 0......w ........ I............ ww........n..., operator in Responsible Charge (ORC) .Print Full NamRo_hvv_�V_aWICVEmail: Chi] i c c r,rri Certificate .Type / Grade INumber: WI 1�t � Work Phone #: _U_8% Lc5� - $10 7_/9/ice Date: Signature: -" T certify that 1 agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the ntlos and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G _0204 and failing to do so can result in 1]isciplinary Actions by the Water Pollution Control System operators Certification Commission."..." A................w•••w•�- MwM........r......w.....ww.... .....www......w-......ww Back -Up Operator in Responsible Charge (BU ORC) Print )null Name: 5kob�rG�+-� Certificate Type / (tirade / Number: _) 1 oca l Ills ..._— Work Phone #: $ IJ54 - 1S 1 O � Date: r Signature' "I ccrtiiy that 1 agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and flailing to do so can result in Disciplinary Actions by the Water Polhtion Control System Operators Certification Commission." P/'`-•J-M...ww,- w�l.. .......wow.....-/....n-.... w........w-..... ........... .. ......w-......w.......w,....w..............w......w Mall ax or email. the WPCSOCC, 1618 Mail Service Cez►.ter, Raleigb, NC 27699-1618 Fttx: 919.71 S.2 6 olivanal to:1nati1: cerlAdrnitt ncdenr. av Mail orfax a coi1V to the Asheville Zo90 US I-Iwy 70 Fayetteville 225 Green St Mooresville 610 E Center Ave 1>:aleigh 3800 Barrett l7r appropriate Regional O,t`fcce: nanoa 8778 Swannanoa 2$778 Suite 714 Suite 301 Mooresville 28115 Raleigh 27609 rnXt 919.571.4718 Fax; Phone-296AS00 Payettevillo 28301-5043 Fax:910.486.0707 FAx:704.b63.604T1 Phonc:919.79]..4200 Phone, 910.433.3300 Phone- 704.663.1699 Washington 943 Washington bg Mall Wilmington 127 Cardinal Dr Winston-.Galem 450 W. Hanes Mall Rd Washington 27889 Wilmington 28405-2845 Winston-Salem 27105 Fox. 252.946.9215 Fax: 910-350.2004 Fax- 336.776.9797 Phone: 252,946.6481 Phone- 910,796.7215 Phone:.136-776.9800 Revised 05-2015 02/09/2016 12: 44 828657467KACE ENVIRONMENT(,j'--- JUCE FNVMONMNTAL INC. 9905 Wood Road Mooreab=. NC 2BJ14 FAy, COVER SUEET PUN To: Dato. PAGE 01/03-" Please Reply Will MAil I-lay'd COPY — in the water and wastewater' industry, specislizimg ill over 40 Yesirs experience ea,4 couslalli_ug and msiOtauauce" OperatioOso managem y•l. y^' v 4 '• 'Ylci' January 8, 2016 GaryJensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 SUBJECT: NOTICE OF VIOLATION' Tracking Number: NOV-2016-MV-0003 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Permittee: A review of the August 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Monitoring Violation(s): Sample Location Parameter Monitoring Date Frequency Type of Violation 001 Effluent Nitrogen, Ammonia Total (as N) - 8/31/2015 2 X month Frequency Violation Concentration (C0610) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ Wj( AshevillezKegional-Uttice-77—L orcement-f-ilei NPDES Compliance/Enforcement Unit - Enforcement File KACE, Inc./ ORC G:\WR\4VQ\McDowell\Wastewater\Minors\Switzerland Inn 30996\NOV-2016-MV-0003.rtf Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY ,,� Governor �_fOALD'R. VAN DER VAART - Secretary --- S. JAY ZIMMERMAN Director, December- 17, 2015 Mr. Gary Jensen The Switzerland Inn P.O.. Box 399 - - Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2015-MV-0137 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland_ Inn's WWTP'monitoring report for July 2015 showed the following violation: Parameter Date Measuring Violation Frequency Nitrogen, Ammonia Total (as N) 07/31/2015 2 X / Month Failure to Monitor - Concentration Remedial actions, if not already implemented, should be taken to correct any problem. Sincethe comments section on .the reverse of the relevant DMR provided an adequate explanation for the subject :violation, -it is not requested that a response be submitted. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water.Quality Regional Operations, NCDEQ Asheville Regional Office - cc, a i OMs lleel s M - MSC 1617-Central Files -Basement ' KACE Environmental/ ORC G:1WR1WQWcDowel1 WastewaterW!norsISwitzerland Inn 30996W0V-2015-MV-0137.docx 1 State of North Carolina/ Environmental Quality/ Water Resources \ 2090 U.S. Hwy. 70, SWannanoa, N.C. 28778 828-296-4500 NPDES Permit Renewal Regional Office Comments G:\WQ\SWP\4-PointSource\Pennit Renewals\NPDES Permit Review RO Comments Dec 2013.doc Permit NCO030996 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES 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, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn 86 High Ridge Road Little Switzerland McDowell County. to receiving waters designated as an unnamed tributary. to Buchanan 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 This permit and authorization to discharge shall expire at midnight on December 31, 2019. Signed this day Thomas A. Reeder; Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 Permit NCO030996 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. Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Two grease traps [2500 gallons each] • Septic tank [10,000 gallons] • Dosing tank [3000 gallons] • 10,000-GPD single -pass sand filter • Tablet chlorination & chlorine contact chamber • Tablet dechlorination system The facility is located near Little Switzerland on High Ridge Road at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall' 001 into an unnamed tributary to Buchanan Creek, currently classified C-HQW waters in Hydrologic Unit 03050101 in the Catawba River Basin. Page 2 of 6 Permit NCO030996 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of this, permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter 9 > ...- ,Limits . ° .. Monitorin Re uiremenit: :Monthly Average; Daily Maximum-, : Measurement - -.Sample Type:; : Sample ., [PCS.Code] Frequency: ��` �Locat�on2 Flow [500501 0.01 MGD Weekly Instantaneous Influenfor Effluent BOD, 5-day, 20°C 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent [00310] Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent [005301 NH3-N 2/Month Grab Effluent [00610] Fecal Coliform [31.616] 200/ 100m1 400/ 100m1 2/Month Grab Effluent (geometric mean Dissolved Oxygen Minimum daily average > 5.0 mg/L Weekly Grab Effluent 00300 Dissolved Oxygen Weekly Grab U & D [003001 Temperature 2/Week Grab Effluent 00010 Temperature Weekly Grab U & D [000101 Total Residual Chlorine (TRC) 3 17 Ng/L 2/Week Grab Effluent 50060 Chronic Toxicity3 Quarterly Grab Effluent [TGP3B] pH [00400] > 6.0 and < 9.0 standard units — — 2/Month Grab Effluent Footnotes:. 1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (3)]. 2. U: at least 100 feet upstream from the outfall. D: at least 300 feet downstream from the outfall. 3. The,facility shall report all effluent TRC values reported by a NO certified laboratory including field certified. However, effluent values < 50 µg/1 will be treated as zero for compliance purposes. 4. Chronic Toxicity (Ceriodaphnia) at 90% with testing in March, June, September, and December (see A. (2))• There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 6 Permit NCO030996 A. (2) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) [15A NCAC 02B.0500 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic, Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - December 2010) or subsequent versions. The tests will be performed during the months of March, June, September, -and December. These months signify the first month of each (three-month) toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and 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 -December 2010) 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 THP313 for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section 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 Water Sciences Section 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. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources 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 Page 4 of 6 Permit NCO030996 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. A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Repoiting [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPNs Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer -printed eDMR to the following address: NC DENR / Division of Water Resources / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service. Center Raleigh, NC 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility -being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver.from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 6 Permit NC0030996 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr. org/web/wa/admin/bog/ipu/edmr Regardless of the submission method, 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. 11. d All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://i)ortal.ncdenr. ory/web/wq/admin[boy/ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. 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." 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.411. Page 6 of 6 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Ken Deaver KACE Environmental, Inc. 2905 Wood Rd Mooresboro, NC 28114 Dear'Mr. Deaver: Donald R. van der Vaart Secretary January 14, 2015 Subject: Draft NPDES Permit NC003O996 The Switzerland Inn WWTP Class WW-1 McDowell County The Division has reviewed your request to renew the subject permit on behalf of the Permittee. Please review this draft carefully to ensure your thorough understanding of the information, conditions, and requirements it contains. The draft permit includes the following significant changes from the existing permit: ➢ Section A. (3) has been added to require electronic submission of effluent data. Proposed Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). The proposed regulations specify that if a state does not establish a system to receive such submittals permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). ➢ Toxicity testing requirements have been updated in section A. (2). ➢ Parameter codes have been added to section A. (1) to simplify data entry on DMR forms. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general McDowell County area, per EPA requirements. Please provide your comments, if any, to me no later than 30 days after receiving this draft permit. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please contact me at the telephone number or e-mail address listed at the bottom of this page. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6391 / FAX 919 807-6489 / Internet: www•ncwaterquality.org charles.weaver@ncdenr.gov An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper FACT SKEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes, but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). Basic Information for Expedited Permit Renewals Permit Writer/Date Charles H. Weaver 1/12/2015 Permit Number NCO030996 Facility Name The Switzerland Inn WWTP Basin Name/Sub-basin number 03-08-30 Receiving Stream UT Buchanan Creek Stream Classification in Permit C-HQW Does permit need Daily Max NH3 limits? N / A — tox test instead of ammonia limits Does permit need TRC limits/language? No — already present Does permit have toxicity testing? Yes. One failure in 2012, one in 2013. All other tests were passed. Does permit have Special Conditions? No Does permit have instream monitoring? Dissolved oxygen and temperature Is the stream impaired (on 303(d) list)? For what parameter? No Any obvious compliance concerns? No. Two enforcements in 2011, no others during permit cycle. Sporadic monitoring violations but minimal limit violations. Any permit modifications since last permit? None. New expiration date 12/31/2019 Comments on Draft Permit ➢ Added regulatory citations ➢ Added eDMR requirements ➢ Added parameter codes Most Commonly Used Expedited Language: • 303(d) language for Draft/Final Cover Letters: "Please note that the receiving stream is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required". • TRC language for Compliance Level for Cover Letters/Effluent Sheet Footnote: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values < 50 µg/L will be treated as zero for compliance purposes." This page has been printed on scrap paper to save money and reduce our program's environmental impact. Disregard any content on the back of this page. A4 NCDENR North Carolina Department of Environment and Natural Division of Water Resources Pat McCrory Governor Attn: Ken Deaver The Sitzerland Inn. PO Box.399 Little, Switzerland NC 28749-0399 Dear Mr. Deaver: Resources John E. Skvarla, III Secretary July 08, 2014 0 I i - Subject: Receipt of permit renewal application OILIO ES Permit N_ CO030996 e . , i , e.1a , McDowell o The NPDES Unit received your permit renewal application on July 2, 2014. A member of the NPDES Unit will review your application. They 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. If you have any additional questions concerning renewal of the subject permit, please con � a er 19-807-6391. Sincerely, W re.+ti TkZot forol Wren Thedford Water Quality Permitting Section cc: Central Files Asheville.Regional==0ffce=�.=.-� NPDES Unit 1 ci JUL 1 1 2014. t 4 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-64921Customer Service:1-877-623-6748 Internet:: www.ncwater.org ! ,An Equal OpportunitylAffirmative Action Employer . KACE ENVIRONMENTAL, INC. 2905 Wood Rd Mooresboro, NC 28114 June 30, 2014 NC DENR Attn: NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NPDES Permit # NCO030996 Renewal The Switzerland Inn Phone (828) 657-1810 Fax (828) 657-4664 RECEIVEDIDENRIDWR JUL A 2014 Water Quality Permitting section With this letter you will find a completed copy of the NPDES Permit Renewal Form for The Switzerland Inn NPDES Permit # NCO030996 for your review and approval. Should you need further information, or if you have any questions, please call or email us and we will be happy to help. Thank you, 'Famer an er nm ntal, Inc. (828) 657-1810 Rachael@kaceinc.com i[[R JUL 1 1 2014 t water Qua!R ��•-ICS1w. Ji i NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.010 MGD Annual Average daily flow 0.001 MGD (for the previous 3 years) Maximum daily flow 0.003 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ►o 12. Effluent Data NEW APPLICANTS: 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. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. ,RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the past 36 months for parameters currently in uour permit. Mark other parameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 40 28.5 mg/L Fecal Coliform 17 17 #/ 100ml Total Suspended Solids 13 9 mg/L Temperature (Summer) 27 24.6 C Temperature (Winter) N/A N/A N/A pH 8.4 7.8 Standard Units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) NCO030996 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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. Ken Deaver Authorized Representative Printed name of Person Signing Title Si natu ; -of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: 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 $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 11112 NPDES APPLICATION - FORM D wned treatment systems treating 100% domestic wastewaters <1.0 MGD astewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ® Explain: Hotel Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): f Hotel and restaurant. Number of persons served: The hotel has 33 rooms, the number of persons served fluctuates: 5. Type of collection system ® Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? 0 Yes ® No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Buchanan Creek S. Frequency, of Discharge: ® Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: _ 9. Describe the treatment system List all installed components, including capacities, 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. Plant is designed for 10,000 gallons per day at 85% removal. Plant components are: 10,000 gallon septic tank, 3,000 gallon dosing tank, 10,000 gallon per day single pass sand filter bed, tablet chlorinator, chlorine contact chamber, -and tablet de -chlorination system. 2of3 i Form-D 11/12 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO030996 If you are completing this form in computer use the TAB 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 The Switzerland Inn Facility Name The Switzerland Inn Mailing Address P.O. Box 399 City Little Switzerland State / Zip Code NC / 28749-0399 Telephone Number (828) 765-2153 Fax Number e-mail Address 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road 226a Blue Ridge Parkway City Little Switzerland State / Zip Code NC / 28749 County McDowell 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 KACE Environmental, Inc. Mailing Address 2905 Wood Road City Mooresboro State / Zip Code NC / 28114 Telephone Number (828) 657-1810 Fax Number (828) 657-4664 e-mail Address Rachael@kaceinc.com 1 of 3 Form-D 11/12 Wiggs, Linda From: Wiggs, Linda Sent: Wednesday, January 14, 2015 10:07 AM To: Weaver, Charles Subject: RE: DRAFT permit renewal for NC0030996 / The Little Switzerland Inn Attachments: Permit Review ARC) Comments January2015.doc See attached for ARO comments and recommendation. Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Porta l.ncdenr.ore/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. ,From: Weaver, Charles Sent: Tuesday, January 13, 2015 11:07 AM To: Jimison, Kathy; Wiggs, Linda Cc: rachael(ftaceinc.corn Subject: DRAFT permit renewal for NC0030996 / The Little Switzerland Inn Importance: High This is a class WW-1 facility in McDowell County. Send me any comments by February 16th Thanks, CHW 1 ..- .II ",I ,., I. "..,,.' ., �­-1I., , _ ,I, .:- � i. � -­- ,!'��-"�':'.- , . I. I ', I : �,'' -- . .-..... ..". ' _� :'1�.:':-"'­� !. . . �, t1�;_ ­" ,­—, .'. ' I ��1 � - I..; I - , ., 1�, -'I '. I� - , '-:," . I,". ,� ':'.--,. 1 �" ''�-7 . , ', �. .,_�,, .'��'`,,I.-'.',, - .-,�,- - : _'.,�..-1, - .,,. _ - ,'. -�""""1:',.-" . ,-... .",_'',', I - ,.:I ,- ,:. .- -...�.1'.'" �t.", '"-4 '�- "-" �.__'��"1'_:' - ' .��.'­,"Ii� ':'%7.�­_-", , t, '_,"'- - - - --'-" . -,;� �'. '._,:',' , � - ,�, .;'­ ,:--�-_-, �-, ',.,.:'."1, ' %' m 'WIT S �T �` v i^ ," _,. ' - .-"-:, _"'�"."_.I�, "'.-­-_'�,­- ,-'��.�, . -�-­- -', - -.. *.'' . -",­:,-'." , -'", :�..: . :'�- ' _.'" - -. ,-"-I ,-:,-�- - '�-_ -.-, _�" ��;_—' :., , ',I. �"" � " , I .�*,_,. ,;­,.,l�­'"."�.�- -'4 " I: 3 �' , I. ,;,,.- ''-"",�-.,' ,''-. �'I_-'I ,�1-'_­­-:. ,. CHALET RESTAURANT ' "'' ` -a.I.' '11, ;12/5/, i _ r . r ]anet Cantwell y ` bivisio' of Water Quality . : - ' .2. -US, -Highway 70, . ; , Swannanoa; .NC 28778 I' . - ) 7a net;. ,r - ,Per"tur conversatlon.I wanted. to notify you that the Inh�is closed and :, ,, '.; .:.; ; .` ._ ' _ all iivater supply,Ao a1 of our b , dffi s is off at:the corrmm'unity mefer °. base..All of"our grease traps and one large septic tank have been 5 pumped and there wi[I� be no'<di"scharge from our flltratTon system until early May I'do frequent therplan -'4,' a regular. basis during the off" f f a E +S' ixs w, �z ., �s i13 =I".. m� r ' > �f'" ! ) 1— t" ,.f,,. , .. seasoh o cheekrnalnly fPr,winter storm damage „ ; 'p i a' + "Mt F '= fi 4, rs . .�� F �' .. *xs 4< y,� i •r �., s r s - Yµ " az� Gary e . sen f ' �� u ,',I1 y '. #.1�-� �� , �Swirrd"Tnn x :� ' 'i t „_ ' a I. ', it . y , I t f' w `. 7.'61 i , i P." � C t Y _ I 1 f ,t ` Fbt.�' .f�.. t r ti! T-C H-...tL,al -i y+..-Y.i ram.� �.�I�I-;"I,�.s'�. ".S . :%-,�..�1' . .I,, . 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'_-.- . �-. _'.,'_�-"�..:- .;"..- __� �;. , .,_..,­­ ,_.., ' t. ', Y= ' DEC 6; 2011 {; a f k G "_ '' WATCfI QUALITY SE."�, ,.,. --� :!..,.r.:,.,.-�,"-- ' '. _ ..',.,-, _C71 N -1 z, _ _ + i• t; ASNFVfLLE E�EGICI SAL OFF,ACE" ..-L-:;z� I r -^ s r y 7 r �t.air'fc+.. r.t„ ,�.�.: 'a �k Yl t - .r. ,.w.., " w v,. -- r t - '��_, ,_� :� .r„�°"'w,'^•^""'° "�,'^� " ""„w.av . '', .' f. "'ram. u.S +» vc ,. l LZ, i�_��"Gf t - Wa. C.',..�,�iF ::iM1 . -t P.O Box 399 •''Little.switzerland •North Carolina 28749 . ,828 765 2153' •, 1-800-654-4026 • ,www switzerlandinn.com_-..-�'I -.- -. ...i( i Y i� ,f, ICE S _=?', �' !' `-._I ","' --I �. -�";. "VC0o3o99� Annual Wastewater Treatment System Performance Report For The Switzerland Inn For the Operating Period January through December, 2010---------------- - _ L E UDDI. MAR 1 `1 2011 Preface WATER QUALITY SECTION ASHEVILLE RE,=1O AL OFFICE On July 20, 1999, the North Carolina General Assembly ratified.HOuse i11. 60- t� Clean Water Act of 1999, which placed significant new reporting -requirements on those entities that own or operate wastewater treatment and collection systems. Specific items included: 1. A Spill Response Plan 2. Sewer Collection System Operation & Maintenance Plan 3. Annual Performance Report These new requirements became effective October .1, 1999. This report is designed to meet the minimum requirements for the Annual Performance Report established by the North Carolina Department of Environment and Natural Resources (DEHNR) as set forth in their. guidance document dated October 19, 1999. This law was established to provide a mechanism for public oversight (and hopefully, to instill public confidence) in owners and operators of wastewater treatment systems and in their efforts to protect.the waters of the state. I FEB 2 5 2011 I. General Information Facility/System Name Responsible Entity: Person(s) in Charge/Contact: Applicable Permits: The Switzerland Inn Gary Jenson Kace Environmental Inc., Operator of Responsible Charge (ORC) NPDES # NCO030996 Description of Treatment Process, Collection System and Facilities Served: Treatment Process — This system is a 0.01 MGD wastewater treatment plant consisting of the following treatment units: Septic tank, Dosing tank, Surface sand filter, Tablet chlorination and Tablet dechlorination. The treated wastewater is discharged into an unnamed tributary to Buchanan Creek classified GHQW waters in the Catawba River Basin. Facilities Served — The system serves the residential area known as The Switzerland Inn. H. Performance January 2010 through May 2010,- All operating parameters were in compliance with NPDES permit limits for these months. June 2010 — Non -compliant. In the month of June, the system was out of compliance due to the chlorine tablets bridging in the feeder creating an overfeed of dechlorination, resulting in high BOD and fecal counts. July 2010 — October 2010 — Non -compliant. During these months the system was out of compliance due to the chlorine tablets bridging in the feeder creating an overfeed of dechlorinator, resulting in high fecal counts. - November 2010 and December 2010 — All operating parameters were in compliance with NPDES permit limits for these two months. The Switzerland Inn takes pride in our efforts to protect the local environment and the high quality of the waters in the local streams. M. Notification A copy of this report is also available to interested persons from the offices of The _Switzerland Inn Little Switzerland, NC (800) 654-4026 As required, three copies of this report are being provided to NCDWQ. Readers who have a question or desire detailed information are invited to contact The Switzerland Inn. IV. Certification I certify that under penalty of law that this report is complete and accurate to the best of my knowledge. &-la n Deaver Date Kace Environmental, Inc. 'This report prepared by: Kace Environmental; Inc. PO Box 63 Rutherfordton, NC 28139 Phone: (828) 657-1810 Fax: (828) 657-4664 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director November 28, 2012 CERTIFIED MAIL: 7007 1490 0004 5533 7032 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Asheville, NC 28749 SUBJECT: NOTICE OF VIOLATION: NOV-2012-TX-0070 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO030996 The Switzerland Inn McDowell County Dear Mr. Jensen: Dee Freeman . Secretary This is to inform you that a review of your•toxicity self -monitoring report forms for September 2012 indicates violations 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), 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 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 appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. S' cerely Cindy Moore 'ac;.:. �6`:•S-}!)a �. .. .. ...,..PLj G.Fwv `T .a :'.M',^.lT::i.+vv.,.yl+. .. Supervisor, Aquatic Toxicology Unit..• .-.. cc: Chuck Cranford- Asheville Regional Office-- J'eff.Menzel= A7sheville=Regional:Office—=—�"tD Aquatic Toxicology Unit Central Files J I I U�.`DEC 1 0 2012 Environmental Sciences Section WATER C%llA.LI TY SECTICh 1621 Mail Service Center, Raleigh, North Carolina 27699-1621� Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 NorthCarollna Internet: http:l/h2o.enr.state.nc.us1esb/ 11 %atumally An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 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 Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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). ➢ IPyour 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 Section 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 Section at (919) 743-8401 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 Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One I' Location: 4401 Reedy Creek Road, Raleigh; North Carolina 27607 NOf thCarbli 1a Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http:l/h2o.enr.state.nc.uslesb! Aatumlly An Equal Opportunity 1 Affirmative Action Employer ��� WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director October 1, 2012 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland NC 28749 F--��'rrE -cepy Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection The Switzerland Inn Permit No: NCO030996 McDowell County Dear Mr. Jensen: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 18, 2012. The assistance of Mr. Ken Deaver and you was greatly appreciated. The facility was found to be in compliance with permit NC0030996. 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 Sinc ely, Katherine Jimison Chemistry Technician III Enclosure cc: Kenneth M Deaver, ORC Central Files Ashev"ille_s S:\SWP\McDowell\WastewaterlMinors\Switzer{and Inn 30996\30996 CEI 12.doc SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, INC 28778 One Phone: (828) 296-4500\FAX: 828 299-7043 NorthCarolina Internet: www.ncwaterouality.ong United States Environmental Protection Agency PP'EPA Form Approved. Washington, D.C. 20460 OMB No. 2040-0057 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 15 I 31 NCO030996 111 121 12/09/18 117 18 I C I 19101 20 IJ Remarks 21L111IIIIIIII IIIIIIIII•IIIIIIIIIII IIIIIIIIIIII1116 Inspection Work Days Facility Self -Monitoring- Evaluation Rating 61 QA - - --------------Reserved-------------- 67I 169 701 I 711 I 72I N I 73I I f 74 751 I I I I I I 180 u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date The Switzerland Inn 10:55 AM 12/09/18 10/02/01 Exit Time/Date Permit Expiration Date 226a Blue Ridge Pkwy Little Switzerland NC 28749 11:30 AM 12/09/18 14/12/31 Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Kenneth M Deaver/ORC/828-289-9380/ Name, Address of Responsible Official/Title/Phone and Fax Number Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153/ ContactedYes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports 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 Kathy Jimison ARO WQ//828-296-4500/ %L Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3 NCO030996 I11 12I 12/09/18 1 17 181 C1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Ken Deaver and Mr. Gary Jensen assisted in the inspection of this facility. The operator's log book was on -site and daily visits and activity were being noted. The facility appears to be well operated and maintained. Page # 2 Permit: NCO030996 Inspection Date: 09/18/2012 Operations & Maintenance Owner - Facility: The Switzerland Inn Inspection Type: Compliance Evaluation Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ D ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge D D ■ 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? D D ■ D Is the facility as described in the permit? ■ ❑ D D # 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: Mr. Ken Deaver and Mr. Gary Jensen assisted in the inspection of this facility. Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: Sand Filters (Low rate) (If pumps are used) Is an audible and visible alarm Present'and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Yes No NA NE DD■D Yes No NA NE DD■D ■nnn ■DDD D D ■ D ■000 DD■D Yes No NA NE ■DDD 2 DDD■ Page # 3 Permit: NC0030996 Owner - Facility: The Switzerland Inn Inspection Date: 09/18/2012 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Facility was not discharging at the time of this inspection. ■nnn nnn■ Yes No NA NE Tablet Yes No NA NE Page # 4 A4 . 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 November 29, 2011 Mr. Gary Jensen Switzerland Inn P.O.-Box 399 Little Switzerland, NC 28749 Subject: Remission Request.of Civil Penalty Assessment The Switzerland Inn NPDES Permit NCO030996 Case Number(s) TX-2011=0008 McDowell County Dear Mr. Jensen: This letter -is to acknowledge your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any, questions about this matter, please, contact John.Giorgino-at (91.9) 743-8441 or me at (919).743-8442.. Scerely, Cindy. Moore Supervisor, Aquatic Toxicology Unit cc: Chuck Cranford- Asheville Regional Office GJe FAenzeL-sheville Regional-Office-------1 ATU Enforcement File Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ >> DEC — 1 2011 , Ouey ,., naturally An Equal Opportunity 1 Affirmative Action Employer NCDENiR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Ween H. Sullins : Governor Director November 29, 2011 Mr. Gary Jensen Switzerland Inn P.O. Box 399 Little Switzerland, NC 28749 Subject: Remission Request of Civil Penalty Assessment The Switzerland Inn NPDES Permit NC0030996 . Case Number(s) TX-2011-0008 McDowell County Dear Mr. Jensen: Dee Freeman Secretary 'This letter is to acknowledge your request for remission of.the civil penalties levied against the subject entity. Your - request will be placed on- the agenda of the Director's -next scheduled enforcement conference and you will be, notified of the result. If you have any..questions about this matter, please contact John Giorgino at (919) 743-8441 or me at (919) 743'-8442. cc: Ch C"ranford= lsl evil. le-Regiorial`O ce_� Jeff Menzel- Asheville Regional Office ATU Enforcement File Central Files S' cerely, r V�0 f Cindy Moore Supervisor, Aquatic Toxicology Unit ��s :::�:-r''tr y�;,.."+ 3•�7Wi'�1,�'i"r.°�a7+>gY�S�l.:i..'�-'Sr.'tfi%"'� .-v-n-r.rf�,s:.• 7 7 ection ,P 'a ,i � sleigh, North Carolina 27699-1621 � . �.�� �,{��, .,.� �� ,._ •` k Road, Raleigh, North Carolina 27607 �one�7 I919-743-85171Customer Service:1-877-623-6748 'w^L r �.- ��•0L1:CQ111�-... c.uslesbl %��d'tf/vaZ • `/ r K � Uon Employer I . A. NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2011 -CERTIFIED MAIL: 7007 0220 0001 4482 1299 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Asheville, NC 28749 NaturalR sc OCT 3 1 2011 ,urceS-R C;UA ITY ScCTIt.`,N '-s----Dee-Freeman _.............. Secretary ..... SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES Permit No. NCO030996 Switzerland Inn WWTP McDowell County TX 2011-0008 Dear Mr. Jensen: This letter transmits a Civil Penalty assessment again Switzerland Inn WWTP in the amount of $ D �j ($ 1,006,60 civil penalty + $ t, � enforcement costs). This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data from August, '2911 has been conducted. The review has shown SWitzierlan'dIran WWTP to be iri violation of the-90.11% chronic toxicity effluent discharge limitation found in NPDES Permit No. NC0030996. The facility's toxicity self -monitoring reports for June through August revealed the following effluent toxicity permit limit violations. June 7, 2011 Fail (7 day P/F) non -compliant July 5, 2011 >100% (7 day chronic value) compliant August 2, 2011 <45 % (7 day chronic value) non -compliant August 9, 2011 >100% (7 day chronic value) cornpliant The average chronic value for the quarter (81.66%) is less than the chronic limit for the facility (90.0%). Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http:llh2o.enr.state.nc.us/esb/ NortliCarolina Naturally An Equal Opportunity i Affirmative Action Employer Based upon the above fact(s), I conclude as a matter of law that Switzerland Inn WWTP violated the terms, conditions or requirements of NPDES Permit No. NCO030996 and N.C.G.S 143-215.l(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Cindy Moore, Supervisor, Aquatic Toxicology Unit, hereby make the following civil penalty assessment against Switzerland Inn WWTP. $ For ofy violation(s) of G.S. 143-215.l(a)(6) and NPDES Permit o. NC0030996, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for June 7, 2011. For _ of Z__ violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0030996, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for August 2, 2011. $ (f • 0 Enforcement costs. $ -� �' s- I TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which The Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ Nawrallif NorthCarolina An Equal Opportunity 1 Affirmative Action Employer Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose 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: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (2) the violator promptly abated continuing environmental damage resulting from the violation; (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations-, (5) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 2760.7 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1.877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ NorthCarolina Naturally An Equal Opportunity % Affirmative Action Employer Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Environmental Sciences Section Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 K' 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing -address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-8400 t FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http:11h2o.enr.state.nc.us1esbl One NorthCarohna NatyrallY An Equal Opportunity 1 Affirmative Action Employer A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please indicate the case number- (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441 or me at 919-743-8442. Date Cindy Moore Supervisor, Aquatic Toxicology Unit ATTACHMENTS cc: Keith Haynes- Asheville Regional Office w/attachments 4-6f-fMenzel Ash'I'1'e-Regional-0ff ce w/attachmextt Point Source Branch. File w/attachments John Giorgino -Aquatic Toxicology Unit w/attachments Central Files w/attachmments Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http:/ih2o.enr.state.nc.us/esb/ Nne orthCarolina Natimalll� f An Equal Opportunity 1 Affirmative Action Employer ATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST S WITZERLAND INN NPDES PERMIT NO. NCO030996 r12Mmax a Having been assessed civil penalties totaling WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS . TX-2011-0008 forth in the assessment document of the Director of the Division of Water Quality dated for violation(s) as set , 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 , 2011. ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: TX-2011-0008 Assessed Party: Switzerland Inn Permit No. (if applicable): NCO030996 County: McDowell Amount Assessed: S Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more' of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e:, explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: f PUMA CD R North Carolina Department of Env�®ironment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director August 24, 2011 CERTIFIED MAIL: 7002 3150 0003 7052 4160 RETURN RECEIPT. REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Asheville, NC 28805 SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0034 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0030996 The Switzerland Inn McDowell County Dear Mr. Jensen: Resources Dee Freeman . Secretary This is to inform you that a review of your toxicity self=monitoring report forms for June, 2011 indicates violations 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), 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 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 appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743 8441. cc: 4LZoger-Edwa ds- Asheville Regional Office Jeff Menzel- Asheville Regional Office Aquatic Toxicology Unit Central Files erely, Cindy Moo e Supervisor, Aquatic Toxicology Unit tT E .� sf l AUG 26 2011 J. Environmental Sciences Section 1621 Mail Service Center, Raleigh; North Carolina 27699-1621 s ; WATER QUALITY SECTION Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 ASHEVILL Q Q(�r OFF, EE Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:]-877-623-6748. �ITfi'C. Internet: hftp:llh2o.enrstate.ne.us/esbl" �� 1'RI�I�J „• y An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 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 Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 permii 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 I, 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 I -June 30, then you must provide written notification to the Environmental Sciences Section 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 Section at (919) 743-8401 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 Section. ' Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4461 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp:llh2o.enr.state.nc.uslesbl No rthCarolina aftli'all!l An Equal Opportunity 1 Affirmative Action Employer A PNXA NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2011 CERTIFIED MAIL: 7007 0220 0001 4482 1237 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Asheville, NC 28749 SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0043 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0030996 The Switzerland Inn McDowell County Dear Mr. Jensen: Resources Dee Freeman Secretary This is to inform you that a review of your toxicity self -monitoring report forms for August 2, 2011 indicates violations 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), 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 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 appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. cere , Cindy M ore ` Supervisor, Aquatic Toxicology Unit p cc: Roger Edwards- Asheville Regional Office 11UM levze_L-_Ashev.� rlle-Regional-Off ce, Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-8517 f Customer Service: 1.877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esbl i JI OCT 3 1 2011 I e► is != i p,c�'c�rll.�_.__`L one NortllCarolina NLthlrallY An Equal Opportunity %Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING'AND REPORTING INFORMATION ➢ 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. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 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 Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 Section 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 Section at (919) 743-8401 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 Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http:/ih2o.enr.state.nc.uslesb/ One NorthCarolina An Equal Opportunity 1 Affrmahe Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 12, 2013 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2013-MV-0096 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's WWTP monitoring report for June 2013 showed the following violations: Parameter Date Measuring Frequency Violation Temperature, Water Deg. Centigrade 06/08/2013 2 X/ week Failure to Monitor Temperature, Water Deg. Centigrade 06/15/2013 2 X/ week Failure to Monitor Temperature, Water Deg. Centigrade 06/22/2013 2 X/ week Failure to Monitor [—Temperature, Water Deg. Centigrade 06/29/2013 2 X/ week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. ¢e. MW.QrAsfT_eyt1 eiEiles" WQ Central Files KACE Environmental/ ORC Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Section G:\WQ\SWP\McDowell\Wastewater\Minors\Switzerland Inn 30996WOV-2013-MV-0096.doc WATER QUALITY SECTION North Carolina Division of Water Resources — Asheville Regional Office Phone (828) 2964500 FAX (828) 299-7043 Internet: h2o.enr.state.nc.us 2090 U.S. Highway 10, Swannanoa, N.C. 28778 An Equal Opportunity/ Affirmative Action Employer - Ea C a_ J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly.Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Dear Mr. Jensen: Director September 21, 2012 .Subject: NOTICE OF VIOLATION NOV-2012-MV.-0078 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Secretary A review of The Switzerland Inn's WWTP monitoring report for May 2012 showed the following. violations: Parameter Date Measuring Violation Frequency . Chlorine, Total Residual 05/12/2012 2 X/ Week Failure to Monitor Temperature, Water Deg. 05/12/2012 2 X/ Week Failure to Monitor Centigrade It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non=Compliant" with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. A review of Switzerland Inn's DMRs has shown that they do not contain the required ten (10) days between the sampling of parameters which are required to be sampled twice per month per your NPDES permit. Part II, Section A. of your NPDES permit states: 2 / Month: Samples are collected twice per month with at least ten calendar days between sampling events. Please begin using the required protocol on future DMRs. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section ccDWQ Asheville -Files �-DWQ Central Files KACE Environmental/ ORC S:\SWP\McDowell\Wastewater\Minors\Switzerland Inn 30996WOV-2012-MV-0078.doo Ane Carohna 1) AM1111 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Intornct• www nrwatAmim1itvnrn FAX (828)299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor . Director Secretary November 18, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 7010 1870 0003 0875 4982 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) and NPDES Permit NCO030996 The Switzerland Inn The Switzerland Inn WWTP Case No. LV-2011-0300 McDowell County Dear Mr. Jensen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $492.00 ($350.00 civil penalty + $142.00 enforcement costs) against The Switzerland Inn. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by The Switzerland Inn for the month of May 2011. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0030996. The violations which occurred in May 2011 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that The Switzerland Inn violated the terms, conditions or requirements of NPDES Permit NCO030996 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority__ provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Chuck Cranford, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against The Switzerland Inn: ovi On e Vat0711Y SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Internet: www.ncwateraualitv.om 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0030996, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0030996, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Conc. $350.00 TOTAL CIVIL PENALTY $142.00 Enforcement Costs $492.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR _2.___Submit_a_wr_itten_r_equest_for_r_emission_or_mitigation..including_a_detailed_justification---_---- for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver ofyouur right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please a detailed statement that establishes wh ou believe the civil penalty should be prepare Y Y p tY remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your ' evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office ofAdministrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.' The Office of Administrative Hearings accepts filings Monday through Friday beii a the hours of 8:00 a.m. and 5 00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -'provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: r Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Chuck C ord, Regional Supervisor Surface Water Protection Section . Asheville Regional Office ATTACHMENTS cczDWQ=1V-slrev�l-lle-Fi`le� attac ents—'`° � DWQ Central Files w/ attachments Bob Guerra/ DWQ Point Source w/ attachments KACE Environmental/ ORC w/ attachments S:`>S\N'P1McDowelllWaste-.ater'ii ,Iinors'4Sw•itzerhnd lnn 309901V-20I1-0300.doc JUSTIFICATION F6R REMISSION REQUEST DWQ Case Number: LV-2011-0300 County: McDowell Assessed Party: The Switzerland Inn Permit No.: NC0030996 Amount Assessed: $492.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the.violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies'(attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner, (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST THE SWITZERLAND INN PERMIT NO. NCO030996 DEPART9k OF ENVIRONMENT 'AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2011-0300 Having been assessed civil penalties totaling $492.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 18, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 920. SIGNATURE ADDRESS TELEPHONE ATTACHMENT A I The Switzerland Inn p I I CASE NUMBER: LV-2011-0300 . PERMIT: NCO030996 i I FACILITY: The Switzerland.lnn COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI { LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 5-2011 001 1 Effluent BOD - Conc 05/30/11 2 X month mg/l 45, 60 33.33 Daily Maximum Exceeded S250.00 5-2n11 I nn1 R(lfl - r-- nrn1 m i '3 v ..,—fk —tl an n-1 G QR WA--fkh, n..e-- o---- A -A I - DIVISION OF WATPQUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: The Switzerland Inn / NCO030996 ( May 2011 MIR ) County: McDowell Case Number: LV-2011-0300 ASSESSMENY FACTORS As required by G.S. 143-214.6A(c), in determining the.amount of -the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max BOD exceeded the permit limit by 33.33%. One Monthly Average BOD exceeded the permit limit by 38.33%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved could include the cost'ofincreased monitoring and sampling of the BOD, the cost of running the blowers more often and increased solids management. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been two civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $142.00. ate Chuck Cr ford, Regio al Supervisor Surface Water Protection Section Asheville Regional Office 11 /17/2011 EFFLUENT NPDES PERMIT NO._NC0030996 DISCHARGE NO._004 MONTH May FACILITY NAME The Switzerland Inn CLASS _I_ COUNTY. CERTIFIED LABORATORY (1)_Environmental Testing Solutions, Inc CERTIFICATION NO.. (list additional laboratories on the backside/page 2 of this form) - YEAR_2011 McDowell _600 OPERATOR IN RESPONSIBLE CHARGE (ORC)_James Bridge"s? N FF;, , GRADEF. . CERTIFICATION NO. 994648 PERSON(S) COLLECTING SAMPLES_James Bridges p }�' ORC PHONE 828-6574181�0 CHECK BOX IF ORC HAS CHANGED ��� `� Nqf n!)N' / SCiRGE FROM SITE * 0 �; Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x 6.1.2011 DMSION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE' CHARGE) - •_. DATE 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. loll II 1 II IrTrj • NAME AND UNITS BELOW :• ago am mmm® mmm m Iammam�■—� mmm® mmo© 0000�o�■o������ ?VDWQ/MR/I 11/04) !�/ - V 0 9V W 0'' ft441cility Status: (Please check one of the foll All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The plant received an unusually high organic loading causing the effluent BOD to be out of compliance. The two grease traps on the system were pumped and cleaned on 5/27. Bi-Carb was also added to the septic tank to aid in treatment ability. The next BOD sample taken the first week of June had a result of 26, showing the plant had recovered and was in compliance. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gatl Bering 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." Gary Jenson Permittee (Please print or type) tv � &h / Signature ofPermittee*** Date (Required unless submitted electronically) Permittee Address Phone Number e-mail address Permit Expiration Date Hwy 226A Little Switzerland, NC 28249 828-765-8887 12/31/2014 ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) KACE Environmental, Inc Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. 5424 -- — ----Parameter-Code-aSSlstance-maybe-obtained-by-calling-the NPDES-Unit-at-(919)-733=5083 or by visiting the Su—fr ace -- - - Water Protection Section's web site at h2o.enr.state.nc.us/was and linking to the unit's information pages. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 by an) Permit Enforcement History Details Owner 11/17/11 1 Owner: The Switzerland Inn Facility: The Switzerland Inn Permit: NCO030996 Region: Asheville County: McDowell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LR-1993-0034 08/23/93 $500 $.00 $.00 09/18/93 10/06/93 $350.00 $.00 $150.00 $.00 No 01/27/94 LV-1999-0341 08/27/99 $1,250 $43.20 09/17/99 10/27/99 $.00 03/09/00 $.00 $1,293.20 $.00 No 05/02/01 LV-1999-0370 09/24/99 $1,750 $43.20 10/13/99 12/01/99 $.00 03/09/00 $.00 $1,793.20 $.00 No 05/02/00 LV-1999-0426 10/22/99 $250 $43.20 _ $293.20 $.00 No _ 11/19/99 LV-2001-0035 02/01/01 $zJSu $81.38 $2,831.38 $.00 No 03/06/01 i TX-2001-0003. 02/01/01 $1,000 . $74.24 $1,074.24 $.00 No _ 03/06/01 TX-2004-0013 10/26/04 $3,000 $124.24 $3,124.24 $.00 - No 11/29/04 CLV-2011-0007 6-2010 01/06/11 $100 $67.00 $167.00 $.00 No 01/24/11 CTX-2011-0008 8-2011 $2,000 $71.54 $2,071.54 No Total Cases: 9 Total Penalty Amount: $12,600 Total Enforcement Cost: $548.00 Sum of Total Paid: $10,726.46 Total Balance Due: $2,071.54 Sum of Total Case Penalties: $13,148.00 Total Penalties after remission(s): $12,798.00 NC DENR 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 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn The Switzerland Inn WWTP P.O. Box 399 Little Switzerland, North Carolina 28749 October 13, 2011 701 Q 1870 0003 0875 4524 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2011-LV-0490 The Switzerland Inn WWTP NPDES. Permit No. NCO030996 McDowell County _ �; Dear Mr. Jensen: A review of the May 2011 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 05/30/2011 001 BOD 60 mg/ L 45 mg/ L 05/31/2011 001 BOD 41.5 mg/ L 30 mg/ L A Notice of Violation/ Notice of Recommendation. for Enforcement (NOV/NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0030996. Pursuant to G.S. 143-21-5.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information,, regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on :the May 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. SURFACE WATER PROTECTION SECTION ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-2964500\ Fax: 828-299-7043 \ Customer Service: 1-877-623-6748 Internet: htto://Podal.ncdenr.org/web/wa w— NorthCarolina Natural& An Equal Opportunity \ Affirmative Action Employer- 50%Recycled/109%Post Consumer paper Mr. Gary Jensen October 13, 2011 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may'pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. - Sincerely, r D. Keith Haynes, Acting Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: Asheville ' it es Bob Guerr Q Point Source Branch S:iS1i-P'xMcDo% ell' 4%W,istetvater\Minors.Swiizei9and Inn 30996\NOWNRL-2011-I-V-0490.doc , "f Y"� j f� CJy` k. WIT , l,. S< �IN - esL 1410 v " :ma y ;, .� I E t CHALET RESTAURANT r i II- i. II :' .. . ; 4 ,, - 1•-, n- s t, ,' t. '_ .% ,vr t .. �s - 1 . Roger Edwards " , : ' Division of Water:~Quahty 2090; US Highway 70; . . � - Swannanoa,:NC 28778-' - : . Roger, --` " ' 4 In response to NOy=2011-LV 010^1, and per our. phone conversation a`month-or so ago,.I'. S ` was caught somewhat off guard:as'to the number of fecal violations we;had`this past , - r . season,>and am making the folio.. changes:` Upon inspection, ..the chlozination 'tank; , " I found That the ex;sting tablet fee#der- are cracked and worn where the sleeves go down into thq� istribution Boxes ,We were-adso ustr g Norweco tablets in the old;feeders and - they did, not`stac C well �n the tubes °Both the chlorination arid,:V6gilo ,ind ion`t oxes'are . over, ten years old arid, hae seen their better days I Have ordered Viand recteved`o new tablet feeders (NorweCo)'to replace both of the existing ones We will also be using their t chlorine` and'dechlor'tablets They are'being rh g.,eci this week and hopefully will 1 ' 7 -' : resolve the rriatter;,I'have>also had "a meeting wrth$ -e Deaver of-Kac`e_,environmental and resolved the issues of violations;and pote_n"ttal violarioris=being reported,to,me promptly before we have an issue as we`did lastsummer ,;,. ` y ;i.',, , F ; ti; •°; Sin/i -1y, } `( f�� j r - G Je s ,. ' 5 - ! li i 11 l ,{ - \ . s. - ,(If (ICI I ' 1 ' t t ^ 5 ` ��` \ `L ;. _ L� _ U , � sr 31' \ r• h '1 � 5 �,i'f� 1 2 2011y s, ti r sy \ 1 1 lr' r �`i t f 'T f a ' avnrE� DUALITY s c r�ori P.-O.". Box 399 Little.Switze'rland'•.;North:�arolina'28749 828=765 2153" • 1-800 654-4026 .� wwwsivitzerldndinn"coin'' ;, d FA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman* Governor Director Secretary March 28, 2011 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749- Subject: NOTICE OF VIOLATION NOV-2011-LV-0108 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's WWTP monitoring report for October 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 10/18/10 400 #/100ml 500 #/100ml Daily Maximum Exceeded This is the fifth month in a row (June, July, August, September and October 2010) with fecal violations at your facility. The comments section on the reverse of each DMR stated that "Chlorine tablets bridged over causing a high fecal." This was quoted on four of the five months (nothing was said on the September 2010 DMR.) It does not appear that anything is being done to correct this problem. Please submit in writing to this office within ten (10) business days of receipt of this letter a detailed account of what actions are being taken to address the cause of these violations and to prevent the recurrence of these violations. 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. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Technical assistance is available through the Asheville Regional Office. You may call Don Price at 828- 296-4500. C_01 Q'7lshevi IWF 1bi DWQ Central Files KACE, Environmental/ ORC Sincerely, i Roger C. Edwards, Regional Supervisor Surface Water Protection Section S:ISWPIMcDowelllWastewaterlMinors\Switzerland Inn 309961NOV-2011-LV-0108.doc' Noe Carolina �tura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 �y �1 FILE COPY WDENR M North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Dear Mr. Jensen: Division of Water Quality Coleen H. Sullins Director March 22, 2011 Subject: NOTICE OF VIOLATION NOV-2011-LM-0011 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dee Freeman Secretary A review of The Switzerland Inn's WWTP monitoring report for September 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 09/07/2010 400 #/100ml 600 #/100ml Daily Maximum Exceeded Parameter Date Measuring Frequency Violation Total Residual Chlorine Week ending 09/11/2010 Twice Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was not marked as required. It should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above Total Residual Chlorine parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. 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. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4600. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section e. D Qgs �ville�Files DWQ Central Files KACE Environmental/ ORC S:ISWPIMcDowelllWastewaterlMinorslSwitzerland Inn 30996MV-2011-LM-0011.doc NoLCarolina Aatura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.nowaterguality.org FAX (828)299-7043 1-877-623-6748 I; . ,,�,i. - ,�..'_ "_."'. _,".." (, . ­ — . : -"* ". 'i - - ', : - '�'." .-� - � _: 11 � I : 9', . � I , . ., I .., i',, ., t . 1. -.:.. . . , , - .. - _,,� - , . . . — �,'. ! 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Sullins Director February 7, 2011 Subject: NOTICE OF VIOLATION NOV-2011-LV-0046 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dee Freeman Secretary A review of The Switzerland Inn's WWTP monitoring report for August 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 08/05/10 400 #/100ml 600 #/100ml Daily Maximum Exceeded A BOD of > 42 on 8/10/2010 does not show compliance with permit requirements. Use of "greater than" values. Such values are only expected (and then only infrequently) in the reporting of Fecal Coliform and BOD. If a "greater than" value is reported, the numeric portion of the value should be sufficiently high so as to make the facility aware of the extent of any problems with treatment efficiency. Upon receipt of "greater than" testing results, a facility should consult its laboratory to see if changes in testing procedure need to be made in order to get discreet values from the analysis. Please contact Gary Francies or Jason Smith of the Asheville NCDENR DWQ Laboratory Certification Branch at 828-296-4677 for proper laboratory reporting procedures for the parameter BOD.. The DMR for the Switzerland Inn for August 2010 does not have the minimum required 10 days between the 2X/ month sampling of Fecal coliform and Ammonia. Partll, Section A. Definitions of your NPDES permit states 2/Month: Samples are collected twice per month with at least ten calendar days between sampling events. Please begin using the required protocol on future DMRs. Remedial actions should be taken to correct these problems. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Ashevllle-Files DWQ Central Files KACE Environmental/ ORC S:1SWPtMcDowelllWaslewaterlMinorslSwitzerland Inn 309961NOV-2011-LV-0046.doc �orthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 RCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor GARY JENSEN THE SWITZERLAND INN PO BOX 399 LITTLE SWITZERLAND NC 28749 Division of Water Quality Coleen H. Sullins Director :.d.,•.,y� � 4'ti.= �'r,.L4AY.t.:a� �{i1�J.� ',:LRliis.:" 94"R15'� �+,_'.7"✓'-"�^r..ra::. ..�,vr/.Wr-c-e...y...- .,ir January FRE C E JAN 26 2011 SUBJECT: Payment Acknowledgment . ` WATER QUALITY SECTION Civil Penalty Assessment ASHEVILLE RFGiONAL OFFICE j The Switzerland Inn Permit Number: NCO030996'- ry ,.�, n.,zt.v.,....,; a".",�,,n - Case Number: LV-2011-0007 McDowell County Dear Mr. Jensen: Dee Freeman Secretary This letter is to acknowledge receipt of check number 13124 in the amount of $167.00 received from you dated January 18, 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. cc: Central Files c]5— Q A�shevi4iY Regional -Office Superviso 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 Intemet:www.ncwaterquality.org ���'/i6 An Equal Opportunity \ Affirmative Action Employer l Nally ENLE COPY 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 RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 January 6,- 2011 7009 1680 0000 7515 2502 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO030996 The Switzerland Inn The Switzerland Inn WWTP Case No. LV-2011-0007 McDowell County Dear Mr. Jensen: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $167.00 ($100.00 civil penalty + $67.00 enforcement costs) against The Switzerland Inn.. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by The Switzerland Inn for the month of June 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0030996. The violations which occurred in June 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that The Switzerland Inn violated the terms, conditions or requirements of NPDES Permit NCO030996 and G.S. 143 -2 15. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143=215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the hirector of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment �inst The Switzerland Inn: NorehCarolina at WAY E WATER PROTECTION—ASHEVILLE REGIONAL OFFICE �090 U.S. Highway 70, Swannanoa, NC 28778 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 5 0 of the 1 violations of G.S. 143 -215. 1 (a)(6) and NPDES Permit No. $.00 NCO030996, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD - Cone. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0030996, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $100.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $167.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6)- Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of. Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3' 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 CQ119 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. ATTACHMENTS cc: Sincerely, .. (f. �=Yv Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office DWQ Central Files w/ attachments Bob Guerra/ DWQ Enforcement Files w/ attachments KACE Environmental/ ORC w/ attachments S:iSWPiN,IcDowell�Wastc«,aterlii2inors;Switzcrland Inn 309961,LV-2011-0007.doc JUSTIFICATION FOR REMISSION REOVIEST DWQ Case Number: LV-2011-0007 County: McDowell Assessed Party: The Switzerland Inn Permit No.: NC0030996 Amount Assessed: $167.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of -Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five -factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors inN.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (I.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS THE SWITZERLAND INN 1 PERMIT NO. NCO030996 ) FILE NO. LV-2011-0007 Having been assessed civil penalties totaling 1167.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated January 6, 2011, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 00 ATTACHMENT A The Switzerland Inn CASE NUMBER: LV-2011-0007 PERMIT: NCO030996 FACILITY: The Switzerland Inn COUNTY: McDowell REGION: Asheville , Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 . 6-2010 001 Effluent BOD - Conc . 06/30/10 2 X month mg/1 30 30.5 1.67 Monthly Average Exceeded $100.00 6-2010 001 Effluent FEC COLI 06/03/10 " 2 X month #/100ml 400 600 50.00 Daily Maximum Exceeded DIVISION OF WATBK QUALITY - CIVIL PENALTY ASSE��-.AENT (FILE) Violator: The Switzerland Inn / NCO030996 f . ( June 2010.DiV1R) 5 County: McDowell Case Number: LV-2011-0007 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Daily Max Fecal coliform exceeded the permit limit by 50.00 %. One Monthly Average BOD exceeded the permit limit by 1.67 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved is unknown. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil, penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $67.00. A011 R", C A r2Z M2a L Date Rog'erOC. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office 01 /05/2011 Permit Enforcement History Details by Owner 01 /05/11 1 Owner: The Switzerland Inn Facility: The Switzerland Inn Permit: NC0030996 Region: Asheville County: McDowell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LR-1993-0034 08/23/93 $500 $.00 $.00 09/18/93 10/06/93 $350.00 $.00 $150.00 $.00 No 01/27/94 ,V-1999-0341 08/27/99 $1,250' $43.20 09/17/99 10/27/99 $.00 03/09/00 $.00 $1,293.20 $.00 No 05/02/00 LV-1999-0370 09/24/99 $1,750 $43.20 10/13/99 12/01/99 $.00 03/09/00 $.00 $1,793.20 $.00 No 05/02/00 LV-1999-0426 10/22/99 $250 $43.20 $293.20 $.00 No 11/19/99 LV-2001-0035 02/01/01 $2,750 $81.38 $2,831.38 $.00 No 03/06/01 TX-2001-0003_ 02/01/01 $1,000 $74.24 $1,074.24 $.00 No 03/06/01 TX-2004-0013 10/26/04 $3,000 $124.24 $3,124.24 $.00 No 11/29/04 LV-2011-0007 6-2010 $100 $67.00 $167.00 No Total Cases: 8 Total Penalty Amount: $10,600 Total Enforcement Cost: $476.46 Sum of Total Paid: $16,559.46 Total Balance Due: $167.00 Sum of Total Case Penalties: $11,076.46 Total Penalties after remission(s): $10,726.46 EFFLUENT NPI)ES PERMIT NO._NCO030996 DISCHARGE NO._001 MONTH JUNE � YEAR 2010 FACILITY NAMI: The S11Rtzerland Inn CLASS _1_COUNT�o \ II CERTIFIED LABORATORY (1)_Environmental Testing Solutions, Inc CERTIFICATION N(T- a ffi (list additional laboratories on the backside/page 2 of this lone) pU OPERATOR IN RESPONSIBLE CHARGE (ORC) Daniel Shelton GRADE 1_ CERTIFICATION NO. 994164 PERSONS) CO1.11"CIING SAMPLES Daniel Shelton ORC PHONE 828-657-1810 CHECK BOX IF ORC: HAS CHANGED NO FLOW / DISCHARGE FROM SITE Mail ORIGINAL. and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF 1VATF.R QUALITY 1617 1 MIL SERVICE. CENTER R.:ILEIGIJ, NC 27699-1617 010 BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT 1S ACCURATE AND CONIPLETE TO THE BEST OF DfY M:l OWLEDGE. %/4�1411U a 50050 00010 00400 50060 00310 00610 1 00530 31616 00300 00600 00665 Hram`, E ra ` tO AoN o iEFF❑ 0 UL11 FLOW W w 2 v ¢ z � 2 wcl0Z UOon Q Z 00 aZ 0 W f O Q t± tu ON0 ta O LU ZJWa -LLI � Z a0 I- O O 2O rn ax a o a ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW 1NF0 S3 �+ k - > LLI aislnlcctun 1IRS 1111ZSI 1711IN DiGD ° C UNITS UG/L DIG/L MG/L MG/L 9/1001%iL MG/L DIGIL DIG/L 1 _ 2 1140 0.51' 0.001 21.9 7.2 25-0 5-4 3 1040 0.3 Y 21.=4 10.0... :- 20 18 .9. D>60O 4 5 6 7 1145 0.5 Y 0.001 21.9-, ,:. 31:0: 5.1 8 1045 0.5 Y 23.7 27.0 >41 18 23.0 <1 9 10 II , 12 13 14 1240 0.21' 0.001 23.9 7.5 40.0 7.2 15 925 0.5 Y 23.4 21.0 7.3 .... 16 17 18 19 20 2111200 0.3 Y I 0.001 22 23 2)5 26 27 28 1300 0.3 1' 0.001 25.0 1 27.0 7.4 AVERAGE DLti nml 0.001 0.001 23.3 25.5 7.3 . 7.48 26.2 `: --40 V30.5 >41 14 18 16.4 : :.2 24.5 ?600 6.5 1 7.4 D1L�T1I111 0.0011 21.4 7.21 10 20 10 9.7 <1 5.13 Comp. (C) / Grab (G) G. G G G G G . G G� Dlonthh• Limit 0.01 1 N/L 619 17 30145 N/L 30/45 0014001 >5 ��1CJ`2` - D\VQ Fonn \1R-1 (11,104) -y Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Fx7 Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. Chlorine tablets bridged in feeder creating an overfeed of dechlorination, resulting in high BOD & Fecal. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Gary Jenson Permittee (Please print or type) ' / � -� 7/30/2010 Signature of Permittee*** Date (Required unless submitted electronically) Permittee Address Phone Number e-mail address Permit Expiration Date Hwy 226A Little Switzerland, NC 28249 828-765-8887 12/31/2014 ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) KACE Environmental, Inc Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certified Laboratory (5) PARAMETER CODES Certification No. Certification No. 5424 Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.nc.us/wqs and linking to the unit's information pages. ti= Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the MAR for the entire monitoring period. 0 S * * ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. * * " Signature of Permittee: If signed by other than the permittee, then the delegation of -the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). . Page 2 r A •.A o NCDENR North Carolina Department of Environment and Natural Resources, Division of Water Quality Beverly Eaves. Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January 6, 2011. Mr.' Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2011-LV-0002 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's WWTP monitoring report for July 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 07/06/10 400 #/100ml 600 #/100ml Daily Maximum " Exceeded Remedial actions, if not already implemented, should be- taken to correct any problem. Since the comments section on: the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested"that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. It has been noted that some BOD samples on several previous DMRs are marked with Use of "_greater than" values. Such values are only expected (and then only infrequently) in the reporting of Fecal Coliform and BOD. if a ."greater than" value is reported, the numeric portion of the value should be sufficiently high so as to make the facility aware of the extent of any problems with treatment efficiency. Upon receipt of "greater than" testing results, a facility should consult its laboratory to see if changes in testing procedure need to be made in order to get discreet values from the analysis. Please contact Gary Francies or Jason Smith of the Asheville NCDENR DWQ Laboratory Certification Branch at 828-296-4677 for proper. laboratory reporting procedures for the parameter BOD. Npo a Carolina tura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwa.terguality.oro FAX (828)299-7043 1-877-623-6748 Mr. Gary Jensen January 6, 2011 Page Two Additionally, some previous DMRs for The Switzerland Inn do not have the minimum required 10 days between sampling of parameters which, by your NPDES permit requirements, are to be sampled twice per month. Part 11, Section A. of your NPDES permit states "2 / Month Samples are collected twice per month with at least ten calendar days between sampling events. You are required by your permit to follow this protocol. Please begin using this permit requirement on future sampling events. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/29.6-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section . { c . QI�LQB,sf�—v.1le��iles DWQ Central Files Gary Francies, Jason Smith/ DWQ Laboratory Certification KACE Environmental/ ORC S:ISWPIMcDowell\Wastewater\Minors\Switzerland Inn 30996WOV-2011-LV-0002.doc #� i KACE ENVIRONMENTAL, INC. PO Box 63 Phone (828) 657-1810 Rutherfordton, NC 28139 Fax (828) 657-4664 Mrs. Janet Cantwell NC Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 March 31 2010 Re: NOV-2010-MV-0030 Permit #: NCO030996 The Switzerland Inn WWTP Dear Mrs. Cantwell, This correspondence is in reference to the enclosed amended DNM for Oct. 2009. All 3 parameters listed on the NOV were done according to permit requirements but were entered under the wrong headings on the typed report which was submitted. Please feel free to contact me should additional information or explanation be needed. Sincerel , Ken Deaver KACE Environmental, Inc. - cc: Gary Jensen � v.�,�. �a�,`�7�� tea. ,� 1`•^ � r i ", ` "' S 2010 APR �} r WATER QUALITY SEGTION NAL :. OFFICE w,... ASNEVILLE REGIOk EFFLUENT NPDES PERMIT NO.— NCO030996 DISCHARGE NO._001 MONTH October YEAR 2009 FACILITY NAME The Switzerland Inn CLASS _1_ COUNTY McDowell CERTIFIED LABORATORY (1) Environmental Testing Solutions, Inc CERTIFICATION NO. 600 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) JM SMITH GRADE II CERTIFICATION NO._17141 PERSON(S) COLLECTING SAMPLES JIM SMITH ORC PHONE 828-6574,910 CHECK BOX IF ORC HAS CHANGED 0 NO FLOW / DISCI"GE £ROSITE " I Mail ORIGINAL and ONE COPY to: ATTN.- CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. DWQ Form MR-1(11/04) ]., 'ity Status: (Please check one'6f the folio* All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies'do NOT_ meet permit requirements .. Noncompliant The permittee. shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the. permittee became aware of the circumstances. A written_ submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. H the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part 11LE.6 of. the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Gary Jenson Permittee (Please print or type) S'gnature.o Permittee*** Date (Required unless submitted electronically) Permittee Address Phone Number e-mail address Permit Expiration Date Hwy 226A Little Switzerland, NC 28249 828-765-8887 12/31/2009 ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) KACE Environmental, Inc Certification No. . Certified Laboratory (3) - -- - i Certification No.J Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES 5424 Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface -Water Protection Section's web site at h2o.enr.state.nc.us/wps and linking to the unit's information pages. Use only units o(iieasurement designated in the reporting facility's NPDES permit for reporting data. *. No FlowMischarge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. * * ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. * * * Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). Page 2 Mr, It F I L x North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 23, 2010 Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION NOV-2010-MV-0030 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's monitoring report for October 2009 showed the following violations: Parameter Date Measuring Frequency Violation Total Residual Chlorine 10/10/09 Twice Weekly Failure to Monitor Dissolved Oxygen 10/24/09 Weekly Failure to Monitor Dissolved Oxygen 10/31/09 Weekly Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. 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 (ten) working days of receipt of this letter. You should address the causes of rion'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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section ccc D1NQAsheuille _Files tiF DWQ Central Files KACE Environmental/ ORC S:1SWP1McDowell\WastewaterlMinors\Switzeriand Inn 309961NOV-2010-MV-0030.03-22-10.doc NorthCarolina �aiurally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 . Phone(828)296-4500 Customer Service 77 Internet: www.ncwaterauality.org dKi FAX (828)299-7043 1-877-623-6748 �y KACE ENVIRONMENTAL; INC. PO Box 63 Phone (828) 657-18.10 - Rutherfordton, NC 28139 Fax (828) 657-4664 �0 'S W6�11?0�6 System Performance Annual Report NC Division of Water Quality 1617 Mail Services Center Raleigh, NC 27699-1617 Re: Switzerland Inn NPDES # NCO030996 Dear Sir: Enclosed are three (3) copies of the 2007 Annual Performance Report for the above referenced'wastewater system as required. Please feel free to contact me should you have any questions or need additional information. cerely, Rebekah Millard Compliance Manager DENR - WATER QUALITY POINT SOURCE BRgNCH 'AT Michael F. Easley, Governor EJFILE C o R{ h CWilliam G. Ross Jr., Secretary k Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 Dear Mr. Jensen: January 2, 2008 7006 3450 0002 7064 2394 Subject: NOTICE OF VIOLATION NOV-2007-LV-0628 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County A review of The Switzerland Inn's monitoring report for September 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, MF, 09/05/07 400 550 Daily Maximum M-FC Broth @ 44.5 colonies colonies Exceeded degrees Celcius per 100 ml per 100 ml NoflrtliCarolina Alturally North Carolina Division of Water Quality 2090 US Hwy70; Swannanoa, NC 28778 ` Phone (828) 296-4500 Internet: www.ncwatergualiiv.org Customer Service 1-877-623-6748 FAX (828) 299-7043 �7 Mr. Gary Jensen The Switzerland Inn 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: Ken Deaver - KACE Bob Guerra, Western NPDES Point Source Compliance / Enforcement DWQ Central Files egiona ice cili y i1= . J KACE ENVIRONMENTAL, INC. PO Box 63 Phone (828) 657-1810 Rutherfordton, NC 28139 Fax (828) 657-4664 January 9, 2008 Wanda Frazier Asheville Regional Office Re: NOTICE OF VIOLATION NOV-2007-LV-0628 The Switzerland Inn WWTP Permit No. NCO030996 Dear Ms. Frazier: This is in response to a letter that we received from Roger Edwards dated 1/2/2008 regarding a notice of violation for The Switzerland Inn WWTP for September 2007. Attached is a copy of the September DMIL As listed on page .two the explanation of Noncompliance was due to tablets bridging over. Corrective action was taken at that time. If this is not sufficient and you need further information, please feel free to contact me. Sincerely, Rebekah Millard Compliance Manager cc: Bob Guerra, Western NPDES Point Source Compliance [Enforcement: Gary Jenson, The Switzerland Inn, D. E: E, JAN 1, 0. 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1�AJc1 EFFLUENT DISCHARGE NO. 1 MONTH September YEAR 2007 DES PERMIT NO._NC0030996 -- CLASS_ 1 COUNTY—_ Mcdowell C[LITY NAME_Swl=dand Im CERTIFICATION NO. G00_ 600 RTIFIED LABORATORY (!)Environmental Testing Solutions 3 addition&, Iaboratories on the backside/page 2 of this form) GRADE_ 11 CERTIFICATION NO. 27295.__. . )EgATOR IN RESPONSIBLE CHARGE (ORC) Ken Deaver. -• --- ORC KCt► NO FLOW I DISCHARGE FROM SIT" RSONtS)COLLECTING SAMPLES _ WXK BOX IF ORC HAS CHANGED ail: ORIGINAL and ONE COPY tO: `I'N: CENTRAL rlL ES (SICPA I WILE wl PERA TOR VgWN OF WATER QUAI.TTY BY THIS SIGNATURE, I CERTIFY "THAT THIS REPORT 15 .-- r9wrF.R I ..... —.n AND COMPL M TO THE Blrst' of MY KNOWt.F.DGV- n n;� Facility Status: (Please check one of the following) frequencies meet pen -nit requirements All monitoring data and gelkl Saerages, if applicable) (including Y Compliant All monitoring data and sampling frequencies do NOT meet permit requirements EE Noncompliant Fecal Bgb on 915107 Due to tablets bridging over appropriate Regional Office any noncompliance that potentially threatens The pernuttee shall report to the Director or the within 24 hours from the time the permittee information shall be provided orally ittee public health or the environment- Any provided within 5 days of the time the perm became aware of the circumstances. A written submission shall also be becomes aware of the circumstances. Please attach a list of corrective actions being taken and atime-table for If the faeiwy is noncompliant, p improvements to be made as required by Part II.E•6 of the NPDES permit. aced under my supervision in direction or .,I certifv under penalty of law, that this document and all attachments were Prep and evaluate the information e that qualified personr'el properly gather accordance with a system designed to assure stem, or those persons directly responsible submitted. Based on my inquiry of the person or persons who managed the system the information submitted is, to the best of my knowledge and belief, true, accurate, and for gathering the information, ties for submitting false information, including the possibility of fines complete. I am aware that there are significant penal and imprisonment for knowing violations." The Switzerland Inn Peraiittee (Please print or type) / 1) 3� 07 Date 01ganatu5eof Permittee*** electronically) (Required unless submitted 12/31 /2009 828-765-8887 permit Eapiretion Date y 226A Little Switzerland, NC 28249 mil ess phone Number paminee Ad&— ADDITIONAL CERTIFIED LABORATORIES Certification No. 5424 Certified Laboratory (2) Kace Environmental, Inc Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) PARAMETER CODES the NPDES Unit at (919) 733-5083 or by visiting the Surface parameter Code assi stance maybe obtained by calling and linking to the unit, S information pages. Section's web site at h2o enr stale nc us/wg-, Water Protection the reporting facility's NPDES Fern► it for reporting data• Use only units of measurernent designs a e occurs and, as a result, there are no data to be�Y No glow/Diuharge From Site: Check this box if no discharge the entire rttonitoring period• entered for all of the paran► ility on the DMR pRC On Site?: ORC must visit facility and document visitation of facility as requires signed c other than the permittee, then the delegation of Signature of Permittee: if sign file with the state per 15A NCAC 2B .OSQ6(b)(2)(D) WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE WIT �w. f07 20 CHALET:RESTAURANT WATER.QUALITY S5-CTIO-4- rAS, EVILLL.RE6fONAL.OeFICE ; 1.17/07, ,Rogef Edwards= f Division -of Water Quality.- 2090-US"Highway 70 Swannanoa, NC 28778' Roger; =� :In.response to N. 2007,LV=0025' a fecal violation for the -month of September 2006,- r I�have fhe following o6� ents re i ed to this violation, -in a letter dated 10/21/2006 ' :'(copyncioseci) cotegchlg7'1rixie 1 inns that topieplace`on rnyzper�nit in August We were. e a`ustiri` a r' oulsof cl%Io anc�decltlornation` kablefs fihat.eweirfi�srzg to r g k x its H..§; L r - satisfy all p�i� Ame s o o`ur pe vm t dWelhave succes ully do e so wn �ihe�exlceptron , one BO t 1 Q�? ecal to yin ep er b� I Uel eve that we have �a�ljandle on xl ese N Ya bal`di3Ce 0 Ghlorne'and, :new ltmttsd 1�feal�eing o9d� esesult nowtiafi�Fw have ;a� ti h x.. dechlor tablets The chlorine'limit is so low- roolus a little tirrsewto gtxeuoiythingr �g' c roc s.'y'--x �, exactly right. 'Any leeway you can give -me, vUere wor�Cing out"thosedetails - be appreciated: Allsystems were opera"tzng srrioothly. when we closed`=for the -`season, and we are in -the process of replacuig thesand durzng'tlie off-season:' l.am'looking forward -to , a busyseason m 07.:and I believe our wastewater treatment is in great operation condition and should liave�no. difficulties achieving the limits oritour permit. , ID Sind Y, - - - Gar en P:O, $ox 399 •Little Switzerland Nortli Carolina 28749 r.'828-765-.`2' •'.`1=800-,6 4- 026 :•_ ivwwswitzerlandinnAim r ': �WATF � --, O�0 9Q Michael F. Easley, Governor y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 23, 2007 `. CERTIFIED MAIL 7002 3150 0003 7052 9417 RETURN RECEIPT REQUESTED MAY 2 4 2007 Mr. G Jensen hi WATER QUALITY SECTION y I ASHEVILLE REGIONAL OFFICE The Switzerland Inn 226a Blue Ridge Parkway-.: - Little Switzerland, NC 28749 Subject: NOTICE OF VIOLATION - NOV- 2007- LR- 0022The Switzerland Inn WWTP NCO030996 McDowell County Dear Mr. Jensen: This is to inform you that the Division,of Water Quality has received your monthly monitoring report for March 2007 after the -required reporting date. This is'in violation of Part II, Condition D(2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal,of Discharge Monitoring Reports no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the report has been submitted.. Please submit the April 2007 DMR report within 10 days of receipt of this notice. To prevent further action, please submit future monthly reports within the above -mentioned timefra_me to avoid further enforcement actions. , The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-733-5083, extension 539. Sincerely, Bob Guerra Western Region NPDES Unit cc: ©,,�Q.Ash�e�vill�Surface V1/eier ;rotes 1QI pe�nrsor Central Files Noe Carolina _ �tura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 , Phone (919) 733-5083 Customer Service Internet: h2o.enrstate.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper ��W ATF9 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rColeen H. Sullins, Director Division of Water Quality 'u- - _ Asheville Regional Office asw. SURFACE WATER PROTECTION SECTION August 29, 2007 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 SUBJECT: Compliance Evaluation Inspection The Switzerland Inn WWTP Permit No: NCO030996 McDowell County Dear Mr. Jensen: It was a pleasure to meet with you and discuss improvements to the wastewater treatment plant. Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on August 28, 2007. The facility, was found to be in. compliance with permit NC0030996. Please refer to the enclosed inspection -report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500 extension 4662. Enclosure cc: Ken Deaver, ORC Central Files Asheville I es Sincerely, s Wanda P. Frazier Environmental Specialist Nne pir hCarolina Aatura!!rf 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA I 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 I SI 31 NCO030996 111 121 07/08/28 117 181 Cl 19I SI 201 I Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------------------- Reserved -------------------- -- 67I 1.0 169 70131 711 I 72I NI 733 74 751 I I I I I I 180 Section B: Facility. Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:10 AM 07/08/28 05/05/01 The Switzerland Inn Exit Time/Date Permit Expiration Date 226a Blue Ridge Pkwy Little Switzerland NC 28749 11:00 AM 07/08/28 09/12/31 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Kenneth M Deaver/ORC/828-289-9380/ Name, Address of Responsible Official/ritle/Phone and Fax Number Contacted Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153/ yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ■ Operations & Maintenance ® 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 Fraz' r ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Office/Phoruand Fax Numbers Date ' I,/": ? f 7 ,*7 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type (cont.) 1 3I NCO030996 I11 12I 07/08/28 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Treatment Units / Process Control Testing / Effluent Data: This is a 10,000 gpd septic tank sand filter system with two grease traps. There was no discharge at the time of the inspection. Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted on 6-16-2006 by Starr Silvis. The permit expires on 12-31-2009. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report has been filed for the year and was on -site, along with a complete copy of the current permit. The log book was present on -site and had good notation of daily events. Operations & Maintenance / Summary: The effluent in the weir box appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. - The operator was on -site during the inspection and is doing a good job. Page # 2 Y Permit: NC0030996 Owner - Facility: The Switzerland Inn Inspection Date: 08/28/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? n n ■ n Is septic tank pumped on a schedule? ■ n n n Are pumps or syphons operating properly? ■ n n n Are high and low water alarms operating properly? ❑ n ■ n Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? n n ■ n Is the distribution box level and watertight? ■ n n n Is sand filter free of ponding? ■ ❑ ❑ n Is the sand filter effluent re -circulated at a valid ratio? n n ■ n # Is the sand filter surface free of algae or excessive vegetation? ■ n n n # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) n n ■ n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n Cl Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n . n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Page # '3 Permit: NCO030996 Owner - Facility: The Switzerland Inn Inspection Date: 08/28/2007 Inspection Type: Compliance Evaluation De -chlorination Yes No NA NE Is the feed ratio proportional to chlorine amount (1 to 1)? ® n n n Is storage appropriate for cylinders? n n NO # Is de -chlorination substance stored away from chlorine containers? ® n n n Comment: Are the tablets the proper size and type? ®❑ n n Are tablet de -chlorinators operational? ® n n n Number of tubes in use? 2 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ®n Judge, and other that are applicable? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? n n ® n Is sample collected below all treatment units? ®❑ n n Is proper volume collected? ® n n n Is the tubing clean? n n ® n Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees Celsius)? e n n n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ® n n n Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ® n n n Are the receiving water free of foam other than trace amounts and other debris? ®n n n If effluent (diffuser pipes are required) are they operating properly? 110 ® n Comment: Page # 4 WAT,,c-R QG r ter' r"J 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 Fflr [1 _knD V Asheville Regional Office SURFACE WATER PROTECTION SECTION October 16, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 8846 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 Subject: NOTICE OF VIOLATION NOV-2007-LV-0499 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County - Dear Mr. Jensen: A review of The Switzerland Inn's monitoring report for May 2007 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, MF, 05/01/07 400 colonies 600 colonies Daily Maximum M-FC Broth @ 44.5 per 100 ml per 100 ml Exceeded degrees Celcius NonrthCarolina Natural% North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone (828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828) 299-7Q43 1-877-623-6748 Mr. -Gary Jensen t_ � The Switzerland Inn 4� October 16, 2007 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 civic 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, d V� Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: Ken Deaver, KACE Bob Guerra, Western NPDES Point Source Compliance Enforcement DWQ Central Files Asheville. Regional :Office -facility files-r-r- �p�Tppi711 ,Ly,Er; Q G, William G. Ross Jr., Secretary Uj North Carolina Department of Environment and Natural Resources 3r Alan W. Klimek, P.E. Director Division of Water Quality ' Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 Dear Mr. Jensen: January 12, 2007 7005 1820 0002 9207 4533 Subject: NOTICE OF VIOLATION NOV-2007-LV-0025 Permit number NCO030996 The Switzerland Inn WWTP McDowell County A review of The Switzerland Inn's monitoring report for September 2006 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, MF, 09/12/06 400 colonies / 600 colonies Daily Maximum M-FC Broth @ 44.5 100 ml / 100 ml Exceeded degrees Celcius 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. NorthCarolina 2090 US Highway 70, Swannanoa, NC 28778 828/296-4500 (Telephone) 828/299-7043 (Fax) Customer Service 877-623-6748 X"t"'rallff ior Mr. Gary Jensen The Switzerland Inn January 12, 2007 Page 2 of 2 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- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants 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 WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Sincerely, J r �A Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: Bob Guerra, Point Source Compliance Enforcement Wanda Frazier - ARO WQ Central Files �L• ich3 IF. Easle; 5 emor lliam� R.W&s J,,:ecretary r, North Carolina Department of Environment and Natural Resources Alan W.-Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION October 6, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED — 7005 3110 0003 5474 0707 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 Subject: NOTICE OF VIOLATION NOV-2006-LV-0472 Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: A review of The Switzerland Inn's monitoring report for July 2006 showed the following violations: Parameter Date Limit Reported Limit Type Value Value Biochemical Oxygen Demand, Daily Maximum 5-Day (20 degrees Celcius) 07/06/06 45 mg/I 57 mg/I 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. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Noe Carolina �tmmllry Mr. Gary Jensen The Switzerland Inn October 6, 2006 Page 2 of 2 To prevent further action, carefully review these violations and,deficiencies and respond in writing to this office within 10 workingdays of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants 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 WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: Bob Guerra, NPDES Point Source Compliance Enforcement Wanda Frazier - ARO ,,_Ash.eville-RO"-facility films' WQ Central Files 1 a 'TNT # ,, at ,yio r a x,. N. = CHALET RESTAURANT • -,. , . `` + - " - _, ,, 'I , � I �'��:� I - I - I , , . . t �..,_ k3. tr p - t - -.t'`. 'r f t t <.' t; '' _ ' .� ,?. 4 1' 1;. _ a ,.c - ;Roger;Edwards t _ Division -of Water' Quality t 20'90 US 1ighway._ 76 ` . .Swannanoa, NC 2$778 i ` w . S Y.y' �' Y E , 3 1 ' Fmk _F �F^n .; r 3 ZZAM � ,xei �? jis,{r .5 r ,f yzy � e ' .y. .s; ' z , {'^'`r y.' Ro er sR,"� ; z� �, Y 1� r . g "3` "_ u. 9 s na k S .° "� J 1 .:, w, yt, r€ 'S. s a z 1 i ,...� '� i _ sal" „'' ' �, <..y-...as•, t a� �' t b •� £ iti - ly E a t. `g I a `i ' Sa gx r b iF tea» z v 1 a -t, In ies o l �tri 3£� Ob �I U Olt ha ethe f I1; wing earnments IDuririg,the rnotith ,. of Jul}3 are ichi g`the use of, AN Sy, , ; z 3n order �� achieve the nei hloririe , limits the took place on rriy permit 8r,5 , ,6 While reisea.re I i g this J cbnsultedxwith = r o g numeroiis=operators who expressed doubt a to whthei a t system �vould�orl iai my ; _ situation. The all `seemed to a .ree that with"= io er�aQunts of dechiormat�'on tablets I _= y. g p p ' , could achieve the riew chlorine limit..What I have; subSeuently learned (hough is 'that ' too many dechlormation~tablets'can cause the BOD`lo iricreas6 Ve have beep.dili,& ,,, ._.e"'.... .3 ,', ,mil .. I I, J. . . ' — - e , „ 1 - . `- .ti yrrig to achieve a balance, to "effectively remove;thel chlorine acid successfully pass both ' . ; the -fecal and•,BOD'test' -We have had`no BOD problems since July, acid only: one high fecal result;that we:Lve had to.adj48t,for., Any leeway,;you,:can_'give,me. , I le.wo&d -, '':. ,. ;1 , . wrth this new chlorine limits would be:appreciated' as we have had to adjust our, ' t�caLinent accgr i� gly 11 other t si are wlihln YequlrPmentc and the syst' r '_ls :operating :well,.f " 1. ' ` , Sincerely k F r , + ; Gary Jen n, 4 A ` '/' �jJ Ij�' n1j r/ i,_ .,, !,4,.,.,"-, , -_,,,_. ,�, .. ; %�,- ,,,,,, , - ', , 1.-,-".,, ," , .,I,., -,,,"�� ,_ ,.I-; :3I "I �­_ - �-- :, �l. ...,.-..'1 ,, I.,- ,�-,II-". "�I,.,� �,�i- I ;,-1.1,i4_.�.-1,_,�,-- -4 -,: "I !�,.� _�- _: ,— -­,­t , ":,_-`�.'_. ,­ ,.:i",, ,,I�l,..::-,-� ;�, , _.-._ ; 1--�II -.�,_- �-l--.-.,.,, :,. ,1- .1 �,"-I I - "" - -�­.. - 1 1 , , ",1,- � 1 ­. ��. - I 1, - '.,�,�- ,1�:;,',­ .,_ .. i,1.: ,,, " , ',", -.�:1-","- ',I - �,-� .,-�, ,,. I ,,, - - ,.,� ".,­ I.1,-" - .",.�­,, ,', "1�"­;., *-., . 0:, ­I)II { . r ,p t _ {t � 0 CT '2 ' 4. 2006 ' - _ r W ATOe, C) IT�'�cCTIk�N : . '� tit'�n �' ASErEVILU��' C�NI Q��I.GE ` 1. ^`,, PA-Bbt399 •`Little Switzerland e North Garolma 28749 •. 828-765 2153''-' 1-800-6 4:026 • ;tivww:switzerlandznn:com Michael F. Easley, Governor WATFRQ Benjamin B. Thomas, P.E. West Consultants, P.L.L.C. 405 South Sterling Street Morganton, NC 28655 Dear Mr. Thomas: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 1, 2006 D � c E--- U lS DD AUG - 7 2006 WATER QUALITY SECTION ASREVILLE REGIOiVAL OFFICE SUBJECT: Request for an Authorization to Construct The Switzerland Inn WWTP NPDES Permit No. NC0030996_ The Construction Grants & Loans Section received your request for Authorization to Construct (ATC) and the supporting documentation on July 26, 2006. After review of the ATC package, it has been determined that all of the required information was not included. Therefore, we are returning all information originally submitted as part of your request for an Authorization to Construct. Upon submittal of a complete package, we can begin our review. Information on the requirements for a complete request for Authorization to Construct package can be found on our web site at: http://www.nccgl.net/fap/plans.html . Please read the Plans and Specifications Submittal Guidance and complete the Plans and Specifications Submittal Checklist. Attached is a list of some items that must also be included in your submittal. If you have any questions, please contact me at (919) 715-6203 or Michelle McKay at (919) 715-6217. tecil'6. Vadde> Jr.", P.E., Design Management Unit MM/dr Attachment cc: Gary Jenson, Jr., The Switzerland Inn •DNWQ Ashevifle Regional-OTfic-e WQ Central Files ATC Files Construction Grants and Loans Section 1633 Mail Service Center Raleigh NC 27699-1633 Phone: 919-733-69001 FAX: 919-715-6229 / Internet: www.nccgl.net An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper sor Nane rthCarohna ;Vaturldy Construction Grants and Loans Section Design Management Unit The Switzerland Inn The Switzerland Inn WWTP UV Installation NPDES Permit No. NCO030996 Request for Complete Submittal Please complete and submit the Plans and Specifications Submittal Checklist (this can be found on our website). — 2—Plans-and-specifications-should-be—submitted-in-accordance-to-the_E1ans and -Specification Submittal _ Guidance. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 31, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO030996 Switzerland Inn WWTP McDowell County Dear Mr. Jensen: Alan W. Klimek,.P.E.-Director Division of Water�Quality FEB - 2 2006 i it WATER QUALITY SECTION ASr _'\/!LLPEOIONAL CF!=ICE This is to inform you that the Environmental Sciences Section has not received your toxicity self -monitoring report form for the month of November 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 213, Section .0506 (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." On 1/12/06, Mr. Kevin Bowden received a call from you explaining toxicity reporting issues that occurred beginning in August 2005. Please ensure toxicity testing is performed during the months March, June, September and December. In the event toxicity testing is not conducted during these months due to "no flow" from the facility, your NPDES requires notification to our office in the form of a "no flow" AT test form. While toxicity reporting violations subjects the facility to the enforcement authority of the Division, I am, at this time, not considering an administrative penalty for the series of violations that occurred beginning September through November 2005. Notices of Violation(s) have issued and will remain on record. 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 Aquatic Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESS, 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 November 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one -page summary. If you have any questions concerning this Notice, please contact either Mr. Kevin Bowden or Mr. Matt Matthews with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, on Chief, Environmental Sciences Section cc: Roger Edwards- Asheville Regional Office eKerth-Haynes— Asheville -Regional Office Aquatic Toxicology Unit Files Central Files o c NhCarolina ,atirrrr!!� North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Intemet: www. esb.ennstate.naus 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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 Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting ep riod (eg, January test result is due by the end of February). ^r 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 testtng per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will mlluencc 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 permittee will revert to the ___-quarierly_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 notification to the Environmental Sciences Section 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 Section 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 Section. Michael F. Easley, Governor William G. Ross Jr., Secretary i North Carolina Departmen{ ivironnient and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office' SURFACE WATER PROTECTION ... June 19, 2006 P y El ,Gary' Jensen The Switzerland Inn PO Box 399 Little Switzerland NC 28749 SUBJECT: June•16, 2006 Compliance. Evaluation Inspection The Switzerland Inn Permit No: _ .NC003099.6. McDowell County Dear Mr. Jensen: Enclosed please find a copy"'of the Compliance Evaluation ,Inspection form from the inspection conducted .on June -16, 2006. Jim- Reid "and Starr Silvis conducted the inspection. The facility was found to be in Compliance -with permit N00030996. Please refer to the enclosed inspection report•for additional observations and comments. If you or your staff have any .questions, please.call me-at.828-2'96-4500 ext 4665. Sincerely; •, p+- ` , . Starr •Silvis ✓✓ , . - Environmental Engineer Enclosure : cc: Walter L. Miller,. ORG Central Files �;--���ev= .ille Files • . ,- � ` • Norttl Carolina . �aiirrall� 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-450'0 Fax: (828).299-7043 Customer Service -1 877 623-6748 . United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e. -PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type . 1 I NJ. 2 151 31 N00030996 111 121 06/06/16 117 18I-CI 191S 20- I �JJ Remarks 211111 11111111.111111111111 IIII III I I��� 111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA - -- --- --Reserved 67I 169 70I_I 711 I 72I N I 73I uI _J 174 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date . Permit Effective Date The Switzerland Inn ,- 01:25 PM 06/06/16 05/05/01 226a slue Ridge Pkwy Exit Time/Date Permit Expiration Date Little Switzerland NC 28749 02:15 PM 06/06/16 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Walter L. Miller/ORC/318-752-4581/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Gary Jensen,PO Box 399 Little Switzerland NC 28749//828-765-2153 Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Section D: Summary of Finding/comments Attach additional sheets of narrative and checklists as necessary), (See attachment summary) Name(s) and Signature(s) ofInspector(s) Agency/Office/Phone and Fax Numbers Date / James R Reidp i /e 4ze-e ARO WQ//828-296-4500 Ext.4651/ Starr. Silvis ARO WQ//828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards; ✓ ARO WQ//828-296-4500/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection.Type 3I k0030996 I11 �'2I 06/06/16 I17 "ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary), The sand filter is well maintained and the distribution system is level. The facility is in the process of getting an A to C for installation of a UV system. Page # 2 Permit: NCO030996 Owner - Facility: The Switzerland Inn Inspection Date: 06/16/2006 Inspection Type: Compliance. Evaluation Operations & Maintenance r 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: Permit - Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ C1. 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: Septic Tank Yes No NA NE (If pumps are used) is an audible and visual alarm operational? ❑ ❑ " 111il❑ Is septic tank pumped on a schedule? ■ ❑ ❑ ❑ Are pumps or syphons operating properly? ■ ❑ ❑ Are high and low water alarms operating properly? ❑ 1=1 ■ ❑ Comment: Sand Filters (Low rate) Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? ❑ ❑ ■ ❑ Is the distribution box level and watertight? ❑ ❑ "❑ ■ Is sand filter free of ponding? ■ ❑ ❑ ❑ Is the sand filter effluent re -circulated at a valid ratio? ❑ ❑ ■ ❑ # Is the sand filter surface free of algae or excessive vegetation? ■ ❑ "❑ . ❑ # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 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? Is the level of chlorine residual acceptable? ■❑❑❑ ■❑❑❑ 2: ❑❑❑■ Page # 3 r Permit: NCO030996 Owner - Facility: The Switzerland Inn Inspection Date: 06/16/2006 Inspection Type: Compliance Evaluation Disinfection -Tablet Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: %/ . K1.. KI A - . . i ii Li i 1 ■ nnn■ Yes No NA NE Page # 4 ? Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 30, 2004 Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, NC 28749 SUBJECT: PAYMENT ACKNOWLEDGMENT CIVIL PENALTY ASSESSMENT The Switzerland Inn McDowell COUNTY PERMIT NO: NCO030996 TX 2004-0013 Dear Mr. Jensen: This letter is to acknowledge receipt of check No. 7322 in the amount of $3,124.24 received from you dated November 18, 2004. This payment satisfies in fu11 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 Robert L. Sledge at 919-733-5083 Ext.547. cc: Enforcem_ ent_File* TX-200-4-0013 Asheville Regional. Office_ Supervisor Central Files Sincerely, / / / Coleen Sullins rEE vC -1 2004 QUALITY SECTION REGIONAL OFFICE N� Carolina North Carolina Division of -Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phoae (919) 733-7015 Customer Service -- Intemet h2o.enr.state.mus 512 N. Salisbury St Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 WA)�n - Michael F. "as e , Governor �O TQ William G. Ross Jr., Secretary \� G North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director Division of Water Quality pColeen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION September 29, 2003 Mr. Gary Jensen The Switzerland Inn Post Office Box 399 Little Switzerland, North Carolina 28749 .Subject: Dear Mr. Jensen: Compliance Evaluation Inspection Status: Compliant The Switzerland Inn - NPDES Permit Number NCO030996 McDowell County On •Se.ptember 17, 2003, 1 conducted a Compliance Evaluation Inspection of the Switzerland Inn. The purpose of the inspection was to determine the compliance status of the wastewater treatment plant. A copy of the inspection report is enclosed for your information.. During my inspection I observed that the facility appeared to be clean, well maintained, with no odors. The sand filter was clean and had been recently raked. The operators log was on -site; well maintained and contained the operator's notes on laboratory field parameters for pH and D.O. There were tablets in the chlorinator and" the dechlorinator and both appeared to be functioning properly. The facility was determined to be compliant. Should you have -any questions regarding this inspection you may contact me. at (828) 251- m Sincerely, Michael McDonald Environmental Technician Enclosures xc: Mark Swan KAMM 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 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 U 2 ICJ 31 NCO030996 111 121 03/09/17 117 18 U 19 US 20 U uu Remarks 211111111111111111111111111111111111111111111111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --Reserved 67 L 1 69 70 L3J 71 U 72 [NJ 73 W 74 751 I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:30 AM 03/09/17 01/07/01 The Switzerland Inn Exit Time/Date Permit Expiration Date 226A Blue Ridge Pkwy Little Switzerland NC 28749 12:30 PM 03/09/17 .04/12/31 Name(s) of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Mark P Swann/ORC/828-254-7176/ Gary Jensen//828-765-4089/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Gary Jensen,P O Box 399 L Switzerland NC 28749//828-765-2153/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations•& Maintenance 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) The wastewater treatment plant is a 0.010 MGD facility consisting of; septic tank, dosing tank, sand filter, tablet chlorinator, and tablet dechlorinator. During my inspection I observed that the facility was clean and appeared well maintained. The operators log was on -site and well maintained. The sand filter was clean and had been recently raked. The chlorinator and dechlorinator both had sufficient tablets in them and appeared to be functioning properly. A review of the monthly monitoring (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Michael McDonald ARO WQ//828-251-6208/828-251-6452 Q / `9 Ii!3 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type. (cont.) 1 31 N00030996 111 121 63/09/17 117 18 Section D: Summary of Finding/Comments (Attach additional -sheets of narrative andchecklists as necessary) data indicated that the facility has been operating within the effluent limitations of the permit. FROM : SW I TZERLAND_ I NN j FAX NO. : 828 765 0049 � �=_p. 11 2003 12: 41PN P1 CHALET RESTAURANT .Date: t J Q From: Gr+-, To: M� 11a Re: %\ Message: P.Q. Box 399 • Little Switzerland North Carolina 28749 • 828-765-2153 • I-800-654.4026 PROM = SW I I NN PPIX NO- :02e 7 GS 004S $nvironmental Sciences Branch Div_ of Water Quality NCDENR 14521 Mail Service Center W4-- 274599-1621 .Attzx: Kcvlrx laa,w.Icn .Enclosed are the results V,aacl, so, I assume that tki -X'har2k you, Gary Jens Jr 1" 11 2003 3.22:3SPM P1 . zt. tg"The results were IP.C>- Box 399 "ttla Switzerland North C.iroIinm 28749828-765-21 S3 • 3-800-654 4026 From: la o r �O '- ;Michael F. Easley. Q� �O G Governor William G. Ross Jr., Secretary >_ North Carolina DepartFnent of Environment'and Nafuial Resource's - Y _ KerrT. Stevens, Director Division of Water Quality ` Asheville Regional. Office ' WATER QUALITY SECTION ' May 30, 2001 Mr. Gary Jensen .. The Chalet Motor Lodge Post -Office Box 399 Little Switzerland, North. Carolina 28749 : Subject:. pH:Controf The Chalet Motor -Lodge :. NPDES` Permit Number NC0030996 McDowell. County " Dear Mr: ,Jensen: During my inspection last week we spoke'at length with regards to "pH control for proper operation" of your system. f have come across some more information that may be of help.and.I am including,it in this letter: _The _following,-.proCedure_has -been -used on:other -systems. _such as yours: 1) Secure a 40 lb. container of liquid caustic from a pool supply store;. the cost will be -approximately $50-$60. The material is extremely damaging to skin and eyes. Wear rubber gloves, eye protection; and protective clothing when handling. liquid caustic. 2) Bring the pH of the primary effluent (the:liquid .going from the tank to the sand filter) to approximately 7.0.. Raising the pH should be done gradually by adding approximately'/4 of the liquid caustic to the septic tank through a building drain followed by flushing the drain with water. Check theprimary effluent for pH on the day following the first application of caustic. Continue adding approximately '/4.of the caustic on consecutive days (monitoring pH on the day following each caustic addition) until the desired pH. of around. 7.0 is achieved in the primary effluent. Steps 1 and 2 should result in a -substantially lower -effluent ammonia concentration. Should ammonia concentrations begin to gradually rise (after -the caustic treatment), a proper alkalinity balance (to achieve adequate ammonia removal) can be maintained by periodic -additions of sodium bicarbonate (baking soda) to the system. NEnENR Water Quality Section, 59 Woodfin Place, Asheville, NC ' 28801-2414 Telephone: 828/251=6208 Customer Service Fax: 82W251-6452 1800.623-7748 Gary Jensen May 30, 2001 Page Two The idea of adding the material (whether liquid caustic or baking soda) to a drain and then flushing it into the septic tank with water is a good idea, you will get good mixing. I think getting the pH up above 7.0 is important, like 7.2. 1 do think the caustic is a good quick way to get the pH up, but once it's up I think you need to keep it up, daily monitoring of pH and the regular addition of baking soda will do that. Good record keeping will ensure good results, good cause and effect data will help. As I said last week, we are assuming the toxicant in your effluent is ammonia, it might be a good idea to do some regular ammonia testing to make sure that is the case. Should have any questions regarding this information please call me at (828) 251-6208. Sincerely, Lar Frost Environmental Technician xc: Mark Swan Re: Switzerland Inn Subject: Re: Switzerland InriJ Date: Thu, j Aug`_2:004;10:53:08'-0400 From: Forrest Westall <forrest.westall@ncmail.net> To: Benjie Thomas <benjiethomas@bellsouth.net> CC: JANET CANTWELL <JANET.CANTWELL@ncmail.net> b Thanks Benjie. Hope it goes well. Please copy Janet'Cantwell (janet.cantwell@ncmail.net) on notes about your progress on this effort. Janet covers -McDowell County for the ARO Surface Water Protection program and will be involved with any changes to this permit. Forrest Benjie Thomas wrote: Gentlemen, Just wanted to let you know that Stewart Black of McDowell County, Joe Lynn of DEH, the owner, a soil scientist, and I will be meeting this Monday at 2:00 p.m. to look at the feasibility of this "repair." Of course you are both welcome and invited to come as well. Thank you for the input thus far. Benjamin (Benjie) B. Thomas, P.E. West Consultants, PLLC 405 S. Sterling Street Morganton, NC 28655 Phone:(828)433-5661 Fax: (828) 433-5662 e-mail: beniiethomas@_bellsouth.net Y loft 8/13/2004 4:05 PM A of w rFR CO`� P� A VIVA r NCDENR o -c Gary R- Jensen President P.O. Box 399 Little Switzerland, North Carolina 28749 Dear Mr. Jensen: NMichael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality June 18, 2004 Subject: Receipt of pernrit renewal application NPDES Permit NCO030996 The Switzerland Inn WWTP McDowell County The NPDES Unit received your permit renewal application on June 16, 2004. A member 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. , Sincerely, &J-,C"hA- Carolyn Bryant Point Source Branch cc: CENTRAL FILES Asheville-Regonal;Office%Water Quality -Section NPDES Unit 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 ServiceCenter:1 800 623-7748 Internet: h2o.enr.statem.us e-mail: Carolyn.bryant@ncmail.net 6/15/04 Mrs. Valery Stephens NC DENR Water Quality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Mrs. Stephens, Enclosed is my application for permit renewal of our ekistirig wastewater discharge at the Switzerland Inn. We have made. no,changes toyour'faciliyty since the', last renewal and have no plans to make any changes iri-the near future As always, we have continued to look at alternate means of treating our, wastewater and possibly discharging subsurface, but at this time our current system seems to be the best -for, treating our type of wastewater. Your prompt attention to -this reiiewalswould be greatly` appreciated and please do not hesitate to; "call if you have any�questions Sincerely, 4aren 7 P.O. Box 399 • Little Switzerland • North Carolina 28749 • 828-765-2153 • 1-800-654-4026 so N �W 11 C�1(LAlV L CHALET RESTAURANT RE: Sludge 6/15/04 Dear sirs of Madam, At the Switzerland Inn wastewater -facilityJwe' are treating domestic wastewater. As far as sludge is concerned we have two:grease:traps totaling 4000 gallons and one 10,000 gallon septic tank. We currently pump the two grease trap&m-6thly and the septic tank is pumped once at the end of 'each. season. (Operating a seasonal resort six months annually) We have never had a -sludge problem i.h our sand ffilter-bed as we remove by routine pumping of the three aforementioned!fanits'.; P.O. Box' 99 • Little Switzerland • North Carolina 28749 • 828-765-2153 • 1-800-654-4026 ! NPDES APPLiCd FOR PERMIT RENEWAL. -FORM D j To -be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.ne.us/NPDES/ North Carolina NPDES Permit Number I NC00 1. Contact Information: 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 Please print or type ZLX SS COnh t\y L aye 2. Location of facility producird*harge: 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 {/ New Facility * Provide a description of the expansion/modification: I Page 1 of 3 Version 12102 NPDES APPLIC owneFOR PERMIT RENEWAL -SORT FORM D TG'be filed only by private y d dischargers of 100% domestic wastewater (<1 MGD flow) 4. 'Description of the existing treatment facilities (list all installed components with capacities): i 5. Description of wastewater (check all that apply): Type of Facilitv Generating Wastewater Industrial Commercial Residential School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff *13 0 Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. List all permits, construction approvals and/or applications (check all that apply):. Type RCRA UIC NPDES PSD NESHAPS Permit Number Type Non -Attainment Ocean Dumping Dredge/Fill Permits Other Permit Number 7. Number of separate wastewater discharge pipes (wastewater outfalls): 0+ 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: Page 2 of 3 Version 12102 NPDES APP F' DN FOR PERMIT RENEWAWiORT FORM D .- <. ,To be filed only by priv e y owned dischargers of 100% domestic: wastewater (<1 MGD flow) 9. Name of receiving stream(s) (Provide a map showing the exact location of each ouffall): 10. Is this facility located on Native American lands? (c ck one) 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. ir y�n eh Printed NaTne of Pe on Signing J-i Title R Signature Ul'flit, Signed North Carolina Generalftatute 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 m Discharge Location Facility Information Latitude: 35°50',56" Sub -Basin 03--08-30 Longitude: 82° 05' 23" Quad M. D 10 SE (UtBe Switzerland) Stream Class: C HQW Receiving Stearn Unnamed Tributary to Bucbanan Creek Pem itted Flow 0 01 MGD , ' Facility Location 11"', s r� lV orth SCO03da� Inn Now"eU McDowell County County A � Michael F. Easley o�OF W r�RQG �►�� Governor gyp, NCDENR William G. Ross, Jr., Secretary C North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E., Director Division of Water Quality March 5, 2004 Gary Jensen The Switzerland Inn Post Office Box 399 Little Switzerland, NC 28749 Subject:, Renewal Notice NPDES Permit NCO030996 The Switzerland Inn McDowell County Dear Permittee: Your NPDES permit expires on December 31, 2004. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at_least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than July 4, 2004. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after December 31, 2004, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Asheville Regional Office at (828) 251-6208 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact Valery Stephens at the telephone number or e-mail address listed below. cc: Central Files ------- --- - AsheuilleRegioi5al Offce, VC1,ater_Quality _Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Sincerely, Charles H. Weaver, Jr. NPDES Unit 919 733-5083, extension 520 (fax e-mail: valery.stephens@ncmail.net p E c E " E D MAR 1.7 2004 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NPDES Permit NCO030996 The Switzerland Inn McDowell County The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed 6riginal and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The followinz items must be submitted by anv Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your . application package. r Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 O�OF W ATF9 Michael F. Easley Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality January 22, 2004 Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, North Carolina 28749 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: . This is to inform you that the Environmental Sciences Branch has not received your toxicity self - .monitoring report form for the month of November 2003. This is in violation of Title I5A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (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 November 2003 indicated, "closed no flow until 2004." Please note that your NPDES permit requires you to submit an Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testing is required, regardless of whether a discharge occurs from the facility. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of November 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. Sincerely, Jimmie verton ssis nt Water Quality Section Chief for Environmental Sciences p Q U cc: Forest Westall-Asheville Regional Office Y Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files JAN 2 9-. NOZ Central Files WATER QUALITY SECTION ASHEVILL REGIONAL OFFICE tTr--DEN Customer Service Environmental Sciences Branch 1621 Mail Service Center Raleigh, NC 27699-1621 (919) 733-2136 800 623-7748 W.. _E EFFLUENT TOXICITY MONITORING ANG .,_.SORTING INFORMATION ➢ 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 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 Bled with the Environmental Sciences Branch no later than 30 days after the end of the reporting period (e.g, 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 permittee 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 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.monkh/year ofjhe subject report. You should also write "No Flow" on the AT form, sign the form and submit following nofmal'iproi ed4ft! l ➢ The Aquatic t( cif y Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities +, which have no ee'ived a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT fprm'must also be signed by the performing lab supervisor. ➢` °'. To'determinf if you'r AT test forms were received on time by the Division of Water Quality, you may consider submitting yotir`toxicity test results certified mail, return receipt requested to the Environmental Sciences Branch. „nn - McDowell Co. Subject: Re: Sw tzer a_n_& nn`-McDowell Co. Date: Tue, W Aug_2004,17:59:17 -0400 From: Forrest Westall <Forrest.Westall@ncmail.net> Organization: NC DENR - Asheville Regional Office To: Benjie Thomas <benjiethomas@bellsouth.net> CC: 'Steven Berkowitz' <steven.berkowitz@ncmail.net>, 'Joe Lynn' <Joe.Lynn@ncmail.net>, 'JANET CANTWELL' <JANET.CANTWELL@ncmail.net>, 'Larry Frost' <Larry.Frost@ncmail.net>, sblack@rpmhealthstop.org Benjie, I don't see an insurmountable problem with the approach you've outlined from a WQ perspective (the required pretreatment for the -sub -surface system, being a DEH/HD call after all), but "holding” the surface sand -filter system for possible short notice use will require some kind of maintenance plan. As I noted earlier, one of the "start-up" issues with the discharging system has been the process of beginning to use the sand filter at the first of the season. Still, as long as there is some way to properly keep the sand -filter in "operational" condition as a "back-up" for a sub -surface system, WQ will support this approach. Growth of vegetation on the "fallow" surface filter will be an on -going issue and the maintenance plan should address this in some way (cover, periodic cleaning, or some other acceptable means). It is likely -that there will be some lead time in having to place the filter into service, but plans should be in place to make sure that "shifting" the flow to the discharging mode can be made as quickly and effectively as possible. Once we move further along in the review process for this proposal, we can address this issue. Bottom line for WQ is that we are willing for the sand -filter to be taken out of service provided DEH is satisfied with another appropriate pre-treatment system and that the filter can be brought back on-line when needed. It may be useful to provide valving and piping (or pumping, if necessary) that would allow an approved alternative pretreatment system (for the sub -surface system) that could still be used "prior to" the sand -filter if the discharge mode is ever needed. We can look at this at the proper time in the review process. Thanks. Forrest Benjie Thomas wrote: > Steven and Forrest, > Thank you very much for the prompt clarifications of this situation. I will > speak with Gary Jensen about moving forward with the application process as > per your comments. However, could you please address one more question that > is important to Mr. Jensen? He would rather not use the sand filter bed as > the normal pretreatment component for subsurface disposal (but as we said > would keep it in place as a back-up). The bed is near a neighboring house > that often complains about the odor. I informed Mr. Jensen that due to the > restaurant, pretreatment would likely be required no matter how good the > soils are. Therefore, we talked about using Bioclere units near the septic > tanks in lieu of using the sand filter. What do you think? This would also > have the advantage of allowing the pump tank to be above the drainfields > rather than below (the sand filter is at the bottom of the steep area that > can potentially be used). This would reduce pumping head and length of 3" > distribution lines. This issue is one of the reasons Mr. Jensen wants to > pursue the subsurface system (in addition to the compliance problems). > Benjamin (Benjie) B. Thomas, P.E. > West Consultants, PLLC > 405 S. Sterling Street > Morganton, NC 28655 > Phone: (828) 433-5661 > Fax: (828) 433-5662 > e-mail: benjiethomas@bellsouth.net 1 of 4 8/4/2004 3:14 PM nn - McDowell Co. > -----Original Message----- • From: Steven Berkowitz [mailto:steven.berkowitz@ncmail.net] > Sent: Monday, August 02, 2004 6:46 PM > To: Forrest Westall > Cc: Benjie Thomas; Joe Lynn; JANET CANTWELL; Larry Frost; > sblack@rpmhealthstop.org > Subject: Re: Switzerland Inn - McDowell Co. > Forrest, Benji, et al: We would entertain a proposal, in the context of > "repairing" an existing problematic system. We very likely would want > the "repair" to include continued use'and possibly upgrading the sand > filter (or supplementing/replacing with additional or in -stead of > pretreatment), both the maximize potential for a successful subsurface > system, and to enable the "back to DWQ" repair to be most feasible, if > necessary in the future. To "prove" to us a system can work, the > applicant's consultant, per our large system procedures, should proceed > with a study of the available area. A field visit with applicant's > consultants and our local and regional specialists would be beneficial > to schedule ASAP. I may also wish to make field visit to.evaluate any > existing system components which we want to keep in use or consider > upgrading (yes, always looking for an excuse to "go west"). Good to hear > from you! Steven > Forrest Westall wrote: > > >Steven, > >Good afternoon. Hope you are well. I've been out of the office, but > wanted > >to follow-up on your note. The "record" on this.issue is more along these > >lines: > >I have over the years discussed with Mr. Jensen the possibility of > >developing an on -site system for his operation. His compliance record with > >the NPDES permit is generally good, but he does have from time to time some > >violations. Since he operates only a portion of the year, he has > "start-up" > >problems with the sand filter system at the first of the year. His "looks" > >at the on -site option have always indicated enough adequate area to handle > >the wastewater, but not enough for "replacement area." I have encouraged > >him to look at obtaining additional space and to always work with the local > >health department and your office, but I understand he has been unable to > >obtain any additional space (this site is on the side of the mountain). > >What I have certainly indicated is that we (DWQ) would be willing to keep > >the discharge permit active (Switzerland Inn would have to keep the permit > >in good administrative order and the sand -filter system available for > >discharge if needed --we could, I believe, condition the permit specifically > >for this possibility) in case it would be needed to take care of the > >wastewater if a properly permitted sub -surface system were to fail or could > >not function for some reason. > >I have never attempted to represent DEH in determining if this would be > >considered as an appropriate substitute for "repair" area. What I have > said > >is that we would be willing to work with DEH in allowing the permit and the > >system to be properly permitted and in working order to provide adequate > >treatment in the event a sub -surface system were to fail or need to be > taken > >off line for repair of the primary system. I have not discussed this with > >you or anyone specifically within DEH and had assumed that the applicant > >would explore the possibility as part of an application for an on -site > >system approval. 2 of 4 8/4/2004 3:14 PM .an - McDowell Co. 0C) > >My general view of the use of a properly functioning on -site system for > this > >seasonal operation could result in an opportunity to successfully provide > >wastewater management on this site without the managment/operational issues > >currently experienced with the discharge system. I realize this is:a > >"different" kind of approach, but I have told the permit holder we would be > >willing to work with the parties to secure what might be considered an > >environmentally superior wastewater management system for the site. This > is > >all contingent of course on DEH being willing to consider such an approach. > >I would be happy to discuss this with you. Just..let me know. Thanks. > >Forrest > >Steven Berkowitz wrote: > »Benjie: I haven't discussed this with Forrest. (perhaps he's spoken with > >>someon.e else up here?). We typically cannot approve a subsurface system > >>which requires a repair based on a system outside of the jurisdiction of > >>CHS rules (e.g., promise to "tie to city sewer"; reactivation of an > »NPDES; etc.). We have,, considered in past on case -by -case basis > >>"repairing" existing problematic discharge systems with a subsurface > >>"repair", without necessarilly requiring full repair area if one can't > >>feasibly be set aside, as long as the "repair" is determined to have a > >>high likelihood of working and solving an existing problem (not > >>applicable in conjunction with any new construction). We've similarly > >>depended on DWQ to help us "solve" unrepairable on -site situations with > >>systems under their jurisdiction. Suggest you first discuss further with > >>Stewart Black and Joe Lynn the specifics, and we can take it from there. > >>Hope you are well. > »Benjie Thomas wrote: > >> > >>>Steven, > >>>Gary Jensen has contacted me about permitting and installing a new > >>>large subsurface system for his inn and restaurant. It currently has a > >>>surface water discharge under NPDES 0030956..He.would like to keep the > >>>NPDES with associated sand filter as the "repair area" rather than > >>>dedicate actual land as a repair area. He says that Forrest Westall of > >>>the Asheville DWQ has discussed this with you and that it could be > >>>approved that way. Please confirm this before I move ahead with > >>>selecting a soil scientist and arranging an initial site meeting with > >>>local and state personnel. Thank you. > >>>Benjamin (Benjie) B. Thomas, P.E. > >>>West Consultants, PLLC > >>>405 S. Sterling Street > >>>Morganton , NC 28655 > >>>P12one:.(828) 433-5661 > >>>Fax: (828) 433-5662 > >>>e-mail: benjiethomas@bellsouth.net > >>> > >Forrest Westall - Forrest.Westall@ncmail.net 3 of 4 8/4/2004 3:14 PM ..in - McDowell Co. > >North Carolina Dept. of Environment and Natural Resources > >Asheville Regional Office > >Division of Water Quality - Water Quality Section > >2090 U. S. 70 Highway > >Swannanoa, NC 28778 > >Tel: 828-296-4500 > >Fax: 828-299-7043 Forrest Westall - Forrest.Westall@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Forrest Westall <Forrest.Westall@ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 4 of 4 8/4/2004 3:14 PM of North Carolina apartment of Environment and Natural Resources . Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, R.E.; Director October 27, 2004 *Ah 1 � • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: Draft NPDES Permit Permit NCO030996 The Switzerland Inn WWTP McDowell County Dear Mr. Jensen: Enclosed with this letter iss-a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from your current permit: ➢ A total residual chlorine (TRC) limit has been added to this permit. The limit will take effect 18 months after the effective date of the final permit. See the attached TRC policy memo for details. Submit any comments to me no later than thirty days following your receipt of the draft. Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in December, with an effective date of February 1, 2005. If you have any questions or comments , concerning this draft permit, call' me at (919) 733-5083, extension 511., cc: NPDES Unit s e e ,e :io + lIane1 Cantwell; Aquatic Toxicology Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action,Employer Sincerely, Charles H. Weaver, Jr. NPDES Unit i 919 733-5083, extension11 Charles.Weaver@ ncmai ne c E D d En OCT 2 8 2004 ID� VATER QUALITY SECTION HEVILLE REGIONAL OFFICE 00 Permit NCO030996 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER TIE 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 bythe North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn Blue Ridge Parkway @ U.S. Ifighway 226A Little Switzerland McDowell Gounty to receiving waters designated as an unnamed tributary to Buchanan 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 This permit and authorization to discharge shallexpire at midnight on December 312009. Signed this day Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission N •� Permit Na03O996 SUPPLEMENT TO PERM 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 authorityto operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Septic tank • Dosing tank • Surface sand filter • Tablet chlorinator • Tablet dechlorinator The facility is located at the intersection of the Blue Ridge Parkway and U.S. Highway 226A at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into an unnamed tributary to Buchanan Creek, classified GHQW waters in the Catawba River Basin. 00 00 Permit Na03O996 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 treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: "' _ Paraneter'7 , } e Lamits 3 [! � Monitoring Requirements M¢ ;Monthly i Average ".' Daily Maximum`, Measurement Frequenc , . y...._.. Sample;Type Sample rocatiori1 ' r � Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD; 5-day, 200C 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NHA 2/Month Grab Effluent Fecal Coliform 200000ml 400/ 100m1 2/Month Grab Effluent Dissolved Oxygen Minimum daily average > 5.0 mg/L Weekly Grab Effluent Dissolved Oxygen Weekly Grab Upstream & Downstream Temperature Daily Grab Effluent pH 2/Month . Grab Effluent Total Residual Chlorine TRC 2 17pg/L 2lWeek Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Temperature > 6.0 and < 9.0 standard units Weekly Grab Upstream & Downstream Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The TRC limit takes effect 18 months after the permit effective date. Until then, the permittee shall monitor TRC [with no effluent limit]. 3. Chronic Toxicity (Cerial bi ia) at 90%: February, May, August, November (see Part I., (2)). There shall be no discharge of floating solids or visible foam -in other than trace amounts. Def rations: MGD — Million gallons per day mg/L — Milligram per liter ml — Milliliter BOD — Biochemical Oxygen Demand Ladb ade: Longitude: Quad #: Stearn Class: Receiving Stream Petnutt;ed Flow. c? Facility Information 35' 50' 56" Sub -Basin: 03--08-30 82° 05' 23" D 10 SE (Little Switzeziand) C HQW Unnamed'hibutazy to Buchanan Creek 0.01 MGD Discharge Location Facility Location North [he Switzerland Inn NCO030996 McDowell Comity Permit Na03O996 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 90%. 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. 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 H 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 THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 chemicallphysical 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. of w A rE9 \off p� ©L� r NCDENR o -N, TO: NPDES Unit Staff FROM: David A. Goodrich vo NPDES Unit Supervisor �• Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources June 19, 2003 SUBJECT: Total Residual Chlorine Policy for NPDES permits Alan W. Klimek, P.E., Director Division of Water Quality Every three years the State is required by the Clean Water Act to review its surface water quality standards and classifications, determine if changes are needed and to make any necessary changes. This review process is referred to as the "triennial review." Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface water quality standards during the summer of 2002. The Hearing Officer's recommendations were presented before the state's Environmental Management Commission on October 10, 2002. The Hearing Officer's recommended changes included modifications to the existing standards for Arsenic, Cyanide, Methylene Blue Active Substances (MBAS) and Total Residual Chlorine (TRC). The Hearing Officer also recommended the addition of a standard for Methyl Tert-Butyl Ether (MTBE). All of the Hearing Officer's proposed changes were adopted with the exception of MTBE. The changes took effect on April 1, 2003. This memo documents the changes to the NPDES permitting policy for TRC limits. Total Residual Chlorine (TRC) Previously, TRC had an Action Level Standard, except in designated Trout waters. The Triennial Review changes modified the TRC Action Level Standard to an Aquatic Life Standard of 17 µg/L. The Aquatic Life Standard will remain for designated Trout waters. Aquatic Life Standard — 17 µg/L (freshwater only) Trout Waters — 17 µg/L Revised TRC Policy ➢ TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003. ➢ Facilities that do not use chlorine will not receive a TRC limit; however, the presence of a chlorine bacl -up system to augment UNI 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. It is likely that many facilities will need to add dechlorination (or use another means of disinfection) to comply with the new TRC standard. Therefore, a compliance schedule of 18 months.from the effective date of the permit may be added to any TRC limit added during the current permit renewal. This time period is allowed in order for the facility to budget and design/construct the dechlorination and/or alternative disinfection system(s). The NPDES Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment. cc: Coleen Sullins .Regional Office Supen•isors (Dechlorination guidance attached) Shannon Langley ORIGINAL t _ State of North Carolina F I L Department of Environment and. Natural Resources Division of Water Quality 2090 US Highway 70 Swannanoa, North Carolina 28778 September 24, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen Little Switzerland Inn/Chalet Motor Lodge PO Box 399 Little Switzerland, North Carolina 28749 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity Testing NPDES Permit No. NCO030996 Little Switzerland Inn WWTP McDowell County Dear Mr. Jensen: r This is to inform you that a review of your toxicity self -monitoring report form for the month of July 2004 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) 296-4500. Sincerely, Forrest estall Regional Water Quality Supervisor cc:Keith-Haynes-Asheville=Regional-Office-} Aquatic Toxicology, -,Unit Central Files 'F;' WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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 Toxicity test data (original "AT" form) must be subx}tted to the followingaddress: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 Divisions WET enforcement initiatives effective July 1,1999. Follow-up multiple concentration toxicity testing will influence the Divisions 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 Section 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 Section 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 submittinn your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. ICI January 31, 2006 Michael F. Easley, Governor William G. Ross Jr., Secfetary North Carolina Department of Environment and Natural Resources CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing. NPDES Permit No. NC0030996 Switzerland -Inn WWTP McDowell County Dear Mr. Jensen: Alan W. Klimek, P.E.; Director '--—Division of Waxer Quality I FED a 2006LD i This is to inform you that the Environmental Sciences Section has not received your toxicity self -monitoring report form for the month of November 2005. This is in violation of Title' 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 213, Section .0506 (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.." On 1/12/06, Mr. Kevin Bowden received a call from you explaining toxicity reporting issues that occurred beginning in August 2005. Please ensure toxicity testing is performed during the months March, June, September and December. In the event toxicity testing is not conducted during these months due to "no flow"'from the facility, your NPDES requires notification to our office in the form of a "no flow" AT test form. While toxicity reporting violations subjects the facility to the.enforcement authority of the Division, I am, at this time, not considering an administrative penalty for the series of violations that occurred beginning September through November 2005. Notices of Violation(s) have.issued and will remain on record. 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 Aquatic Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESS, 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 in of November-2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period - The reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one -page summary. If you have any questions concerning this Notice, please contact either Mr. Kevin Bowden or Mr. Matt Matthews with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, on Chief, Environmental Sciences Section . cc: Roger Edwards-.Asbeville_Regi-pnal Office' Keith all`ynes— Asheville Regional Office Aquatic Toxicology Unit Files Central Files No chCarolina IVahlra!!il North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: www. esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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 ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). i- 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 inlluence the Divisions enforcement response. i 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 permittee 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 notification to the Environmental Sciences Section 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 Section 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 Section. January 3, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn P.O. Box 399 - Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO030996 Switzerland Inn WWTP McDowell County Dear Mr. Jensen: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality D EC E V JAN - 4 2006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of October 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (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 October 2005 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 Aquatic Toxicity Reporting Form (AT Report Form) must be submitted to: DWQ/ESS, 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 October 2005 until you make acceptable demonstration to the Environmental Sciences Section 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 penal . The.reverse side of this Notice contains a summary of important toxicity monitoring and reporting requirements. Please read this one -page summary. If you have any questions concerning this Notice, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136. Sincerely, CLrcton Chief, Environmental Sciences Section cc: j2gS&> dvv Ms --she file-�,gionffAMEUEM Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files Central Files One NorthCarollna ,;Vitiirr�i!!y North Carolina Division of Water Quality 1621 Mail Service Center' Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Intemet: esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 00 - so WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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 ADDPPIONY— Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting ep riod (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 permittee will revert to the - - -quarterly-months.specified-in-the -permit—Please-note-that your-permit-may-or-maynot-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 Section 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 Section 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 Section. November 28, 2005 CERTIFIED MAIL 700 -D3170' RETURN RECEIPT REQUESTED Mr: Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NC0030996 Switzerland Inn WWTP - - - - McDowell County Dear.Mr. Jensen: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and -Natural Resources Director Division of Water Quality LE Nov s o zoos ;DDD - WATER QUALITY SECTION ASHEVILLE.E&ONAL GEI=ICE This is to inform you that the Environmental Sciences Section has not received your toxicity self - monitoring report form for the month of September 2005. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506' (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 2005 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 Aquatic Toxicity Reporting Form.(AT Report Form) must be submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame. You will be considerednoncompliant with the reporting requirements contained in your NPDES Permit for the month of September 2005 until you make acceptable demonstration to the Environmental Sciences Section that the report form was submitted to this office within the required 30 day reporting period. Additional reporting and/or monitoring violations within a twelve (12) month period 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, Jimmie Overton Chief, Environmental Sciences Section cc: &%m&dwaaM va ' Regional Offic Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files Central Files Nco ehCarolina Aatum!!y North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919)' 733-9960 Customer Service Internet: esb.enr.state.mus 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ . 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 Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 permittee will revert to the quarterly months specified in t ermit -Pleas- a rio`te that your pemvt may'oi 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 Section'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 Section 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 submittingyour toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. N Q�i February 7, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gary Jensen The Switzerland Inn PO Box 399 Little Switzerland, North Carolina 28749 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES-Permit.No.-NC0030996_ SwitzerlandiIhi` WWrTP �r;l: McD5w611-County Dear Mr. Jensen: - "'I- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality This is to inform you that the Environmental Sciences Section has not received your toxicity self -monitoring report form for the month of November 2004. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 2B, Section .0506 (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." The Division is aware that Switzerland Inn is closed during the winter months. We also understand the facility is investigating options for alternative discharge to surface waters. Your Discharge Monitoring Report for November 2004 indicated, "closed no flow until May 2005. " We note that toxicity testing months were modified in the reissued NPDES Permit (effective 2/l/05) from February, May, August and November, to March, June September and December. Please note your NPDES requires you to submit AT test forms labeled "No Flow" to this office during those months in which the facility is required to perform toxicity testing and no discharge to surface waters occurs. The reporting of whole effluent toxicity testing data is a dual requirement. You will be considered noncompliant with the reporting requirements contained in your NPDES Permit for the month of November 2004 until you make acceptable demonstration to the Environmental Sciences Section that the. report form was submitted to this office within the required 30-day reporting period. In addition if within the next twelve Q 2) 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. Matt Matthews, Aquatic Toxicology Unit Supervisor at (919) 733-2136. Sincerely, JiYOon, Chief �t4_t Environmental Sciences Section cc: Jim Reid= Asheville Regional-Office---� Roy Davis- Asheville Regional Office Keith Haynes- Asheville Regional Office Aquatic Toxicology Unit Files Central Files v E c D FEB - 8 2005 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NorthCarolina �atura!!r� North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-9960 Customer Service Internet: http://www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 Qamrniarmno/ Pne4 r.nncnmar Panar WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ 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 Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section 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 permittee 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 notification to the Environmental Sciences Section 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 Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. r ➢ 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, , ov u may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H: Sullins Dee Freeman Governor Director Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, N.C. Dear Mr. Jensen: December 15, 2009 28749-0399 IDDEC 2 8 2009 t VVATER QUALITY SECTION f ASHEVILLE REGIONAL OFFICE f Subject: Issuance 6MPMS-Permit-T The Switzerland Inn WWTP McDowell County 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 the following changes from the draft permit sent to you on October 7, 2009: ➢ As you requested, Temperature monitoring has been changed to 2/Week. The Division cannot grant your request to remove the whole effluent toxicity (WET) test from the permit. In 1991, WET testing was chosen by your facility instead of effluent ammonia limits. Given the seasonal nature of your facility's operation; your sampling and analysis costs may be lower with the WET test. 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. 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.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina fa&&&� 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. Sin erely, een H. Sullins cc: Central Files / Asheville Regional' Offce/Surface Water Protection.' NPDES Unil;- r! � v Permit NC0030996. 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, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn 86 High Ridge Road Little Switzerland McDowell County to receiving waters designated as an unnamed tributary to Buchanan 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 December 15, 2009 Permit NCO030996 . 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. Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Two grease traps [2500 gallons each] • Septic tank [10,000 gallons] • Dosing tank [2500 gallons] • Surface sand filter • Tablet chlorination & dechlorination The facility is located near Little Switzerland on High Ridge Road at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into an unnamed tributary to Buchanan Creek, currently classified C-HQW waters in Hydrologic Unit 03050101 in the Catawba River Basin. a NCO030996 - The SwitzerLand Inn Latitude: 35' 50' 56" Longitude: 82' 05' 23" uad #: Little Switzerland, N.C. Stream Class: C-HQW Receiving Stream: Unnamed Tributary to Buchanan Creek Sub -Basin: 03-08-30 Hydrologic Unit Code: 03050101 FaciLit Location t,. d7Y liw +� McDowell County [map not to scale] Pen -nit NCO030996 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter Limits Monitoring Requirements Monthly Average Daily Maximum Measurement Fre uenc Sample Type Sample Locationl Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day, 200C 36.0 mVL 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NHA 2/Month Grab Effluent Fecal Coliform 200/ 100ml 400/ 100ml 2/Month Grab Effluent Dissolved Oxygen Minimum daily average > 5.0 mg/L Weekly Grab Effluent Dissolved Oxygen\ Weekly Grab Upstream & Downstream Temperature 2/Week Grab Effluent Temperature Weekly Grab Upstream & Downstream Total Residual Chlorine TRC 2 17 pg/L 2/Week Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/1 will be treated as zero for compliance purposes. 3. Chronic Toxicity (Ceriodaphnia) at 90%: March, June, September, December (see A. (2)). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO030996 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 90%. 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 March, June, September and December. 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. 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. LVPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A.. 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. 3/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. DIpass 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/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 fl Version 712009 i'PDES 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/constant 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 approval by the Director. This method 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. 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 122.2) 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. 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). DWQ 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 NPDES 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 712009 1 .LV DES 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 limitl 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)(l) 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 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 CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. 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 712009 ww'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. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who ne,gligently 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. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knomin,gly 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. [33 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 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 $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 maximum 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 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 Version 712009 -4PDES 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 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. Property Rights 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 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. Siano atory 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 Version 712009 NPDES 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 122.22]. 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 122.221 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 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. 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 (0]. 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 214.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 712009 vPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and Maintenance 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. 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 as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited' 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 as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding„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 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)]: l - ' " 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 712009 11PDES 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 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 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. U sets 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 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)]: 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 Version 712009 "- A�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 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 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. Section D. Monitoring and Records 1. 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 last calendar day of the month following the completed reportingperiod. 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 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 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://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 712009 iNI-IDES 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 122.41]. 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 CWA 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 requestofthe 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 122.411: 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 Entry 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; Version 712009 iiPDES 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 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 soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. 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 processor 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 122.41 (1) (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 122.41 (1) (6)]. Version 712009 NPDES 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 (l) (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 (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. 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 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 122.41]. 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. Version 712009 -APDES 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 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, conduct groundwater monitoring as may be 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"; (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 (1 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 712009 N1'DES Permit Standard Conditions Page 14 of 18 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 MUNICIPAL FACILITIES Section A. 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 under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) 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 —Throw h 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 POTW's 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 2H.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. Section B. Publicly Owned Treatment 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 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 712009 . 1 N PDES 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. 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. 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 f[ow in the POTW resulting in Interference; 4. Any pollutant, including oxygen demanding pollutants. (BOD, etc.) released in a Discharge at a flow rate 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; 7.1 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 712009 NPDES 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 may be 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 2H.0907 (a) and (b). [40 CFR 122.44 0) (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 under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs 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 0) (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 211.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SILO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.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 0) (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 under 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.5.). [15A NCAC 2H.0906 (b) (2) and .0905] 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 Version 712009 IDES Permit Standard Conditions Page 17 of 18 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 122.44]. 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 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 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 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AjQ 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 & Monitoring of their IUs 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(0(2)(v)]. 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 at least 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. IU 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 211.0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(1); 40 CFR 122.440)(2)] 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 the 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. [15A NCAC 2H .0906(b)(7) and .0905; 40 CFR 4038(0(5)] 10. Pretreatment Annual Reports (PART 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 712009 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 Industrial Users (IUs) 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 (IDSQ Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) and any monitoring data for other Industrial Users (IUs) in SNC. 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 IUs 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 Industrial Users (IUs) 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. [15A NCAC 2H .0903(b)(35, 0908(b)(5) and 0905 and 40 CFR 403.8(0(2)(vii�] 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 211.0908(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. [1.5A NCAC 2H .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 Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 214.0114 and 15A NCAC 2H .0907. Version 712009 NCDENP* North Carolina Department of Environment and Natural Resources Division of Water Quality / Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2009 6 J U N 1 8 2009 GARY JENSEN - OWNER WATER QUALITY SECTION SWITZERLAND INN. ASHEVILLE REGIONAL OFFICE PO BOX 399 LITTLE SWITZERLAND NC 28749 .. ...__ . Subject: Receipt of permit renewal application NPDES Permit NC0030996 - The Switzerland Inn McDowell County,_ Dear Mr. Jensen: The NPDES Unit received your permit renewal application on June 15, 2009. A member of the NPDES Unit will review your application. They 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. If you -have any additional questions concerning renewal of the subject permit, please contact Tom Belnick at (919)-807-6390. Sincerely, Dina Sprinkle . Point Source Branch cc: CENTRAL FILES Ashe Ii_e egio al Office/Surface Water Protection PDES 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 Noi-Marolina - Intemetwww.ncwaterquality.org. An Equal Oppoaunily 1 Affirmative Action Employer (mot NPDES APPLICATION - FORM D For privately owned treatment systems treating 1009/6 domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCOOjaqqL If you are completing this form in computer use the TAB 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 Facility Name Mailing Address city State / Zip Code Telephone Number Fax Number e-mail Address L;��t SR,.�;�Zerlor�l f %^" ts, st4'A lr.'4 ,%A- tonr1 v � 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State RoadIck City _ L6-3 .��1e StN:�Z�•r�rn„i State / Zip Code County 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 �&C e Mailing Address !7c�. city 1Zu4.rC-XSir3A en State / Zip Code V-6)L 1 �q Telephone Number V g) CC-5 ` 1 Fax Number V?) 6.�^ Li 6 6t l 1 of 3 Form-D 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other [ Explain: �— �o�e \ Describe the source(s) of wastewater (example: subdivision, -mobile home park, shopping centers, restaurants, etc.): 3 Population served: , 5. Type of collection system l_Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) Is the outfall equipped with a diffuser? ❑ Yes ❑ No 7. Name of receiving stream(s) (Provide a map'showing the exact location of each outfallp. 4=1�clne S. Frequency of Discharge: ❑ Continuous Intermittent If intermittent: Days per week discharge occurs: Duration: IS fh iw 9. Describe the treatment system List all installed components, including capacities, 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. ` y Orv( Se p;1, t t - Icy lux> Gat Ana Opt An a 5vo 6'491 rote, abt CA Cln�o �a�c� � � C�lo�: rwa•or' 2 of 3 . Form-D 05/08 PDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow MGD Annual Average daily flow t C _� MGD (for the previous 3 years) Maximum daily flow -Odor \ MGD (for the previous 3 years) 11. Is this facility located on In an 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. If more than one analysis is reported, report -daily maximum and monthly average. If only one analysis is reported, report'as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODS) Li45 Fecal Coliform 14%06 M W%X M\ Total Suspended Solids L4 3p M�1L Temperature (Summer) Temperature (Winter) PH ? is •O 0►n Q • O Sae+ 1 unia> 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES Dredge or fill (Section 404 or CWA) PSD (CAA) Other Non -attainment program (CAA) ' 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained in the application- and that to the best of my knowledge- eaand belief such information is true, complete, and accurate. Printed name f Person Signing r Title Signaturb of Apprtatute nt LyaLe• North Carolina General 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, repoan, 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 $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 05/08 NCO030996 Latitude: 35' 50' 56" Sub -Basin: 03--08-30 Longitude: 820 05' 23" uad M Little Switzerland, N.C. Stream Class: C-HQW Receiving Stream: Unnamed Tributary to Buchanan Creek Permitted Flow: 0.01 MGD Facility Location } The Switzerland Inn NorthjF— McDowell Countv Idled in county omrms- enter of out the. county ty is 10- !st. Lin- ,orthern GULESm 226 C 'Ap 156S 2 2 NETTLE PATCH 2.0 y�OG0 1443 A A 5.2 zo 4 MILES 51 qI L So BUCK CREEK GAP 0 L449 Wool)l A so BIG LAUREL Sunny V.I. 1133 MTK a, FA: 1436 Tahoma MG CRAGG 14M REEN KNO- MTN. J4 1435 MT MITE ELL DEEP GAP G WILDLIFE: ca 'z MACKEY Z8 o �NAGEMEN AREA r4e IIALD MTH. Is" • - lo— A., TALE ROCK Mm T R V— A 'C. COD 0 JACKSON KNOB )IAI,��ELEV. (2:23 A'DO-11 -08 Sevier POND CT A MARION 1W Tum 72N Mpn,.de Z — .2.112. 2 ins- , _: 2.4 Im 1317 .la 1'? 7 ' IM U ILM 112 ..HRI im li 11" J im im 09 7! EAST MARION NCDENR ECCO�� North Carolina Department of Environment and Natural Res Division of Water Quality Michael F. Easley, Governor Willia Possfr� S2cetary004 Alan Director WATER QUALITY SECTION December 17, 2004 ASHEVILLE REGIONAL OFFICE Mr. Gary Jensen The Switzerland Inn P.O. Box 399 Little Switzerland, North Carolina 28749 Subject: Issuance of NPDES Permit:0003099.6 CThe switzerIand-Inn WWTP—? McDowell County Dear Mr. Jensen: 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 the following changes from the draft permit sent to you on October 27, 2004: ➢ The months for toxicity testing have been changed to March, June, September and December [as you requested]. ➢ 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 SIGNI-D By �USAN A. WILSON Alan W. Klimek, P.E. cc: Central Files_ _ Asheville Regional Office/Water Quality Section NPDES Unit Aquatic Toxicology Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna Phone: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us Nattarally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper M Permit NCO030996 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, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn Blue Ridge Parkway@ U.S. Highway226A Little Switzerland McDowell County to receiving waters designated as an unnamed tributaryto Buchanan 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 Ff SUSAN A. WILSON Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission .r N Permit NCO030996 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. Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Septic tank • Dosing tank • Surface sand filter • Tablet chlorinator • Tablet dechlorinator The facility is located at the intersection of the Blue Ridge Parkway and U.S. Highway 226A at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into .an unnamed tributary to Buchanan Creek,- classified GHQW waters in the Catawba River Basin. I MPMEAM WN NCO03 0996 Latitude: 35' 50' 56" Sub -Basin: 03--08-30 Longitude: 82' 05' 23" uad #: Little Switzerland, N.C. Stream Class: C-HQW Receiving Stream: Unnamed Tributary to Buchanan Creek Permitted Flow: 0.01 MGD Discharge Location J Facility ��, , Location =orth The Switzerland Inn McDowell Countv M Permit Na03O996 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 treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter ° Lamits Monitoring Reyuiiements Morithly AYerage Daily Maximum• , Measurement I Freggency Sam11 ple Type Sample Locationl Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day, 20°C 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3-N 2/Month Grab Effluent Fecal Coliform 200/ 100ml 400/ 100ml 2/Month Grab Effluent Dissolved Oxygen Minimum daily average > 5.0 m /L Weekly Grab Effluent Dissolved Oxygen Weekly Grab Upstream & Downstream Temperature Daily Grab Effluent Temperature Weekly Grab Upstream & Downstream Total Residual Chlorine (TRC) 2 17 erg/L 2/Week Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month Grab Effluent Footnotes: 1. Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. . The TRC limit takes effect August 1, 2006. Until then, the permittee shall monitor TRC [with no effluent limit]. 3. Chronic Toxicity (C n&aplmia) at 90%: March, June, September, December (see Part I. A. (2.)). There shall be no discharge of floating solids or visible foam in other than trace amounts. Defintions: MGD — Million gallons per day ml — Milliliter mg/L — Milligram per liter BOD — Biochemical Oxygen Demand 00 N Permit NCD030996 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 90%. 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 March, June, September and December. 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. 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 THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality 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 chemicallphysical 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. M 4WPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month 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 t 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 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 shallbe 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 6/20/2003 so. ft- NPDES Permit Requirements Page 2 of 16 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. Dai1-y 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 nil 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 612012003 PDES 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. 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 properly 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. Up -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 122.411. 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 rregligenty 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 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knonnhigjI, 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 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 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. Property Rights 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. Version 6/20/2003 N �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 named position.); and 3. The written authorization is submitted to the Permit Issuing Authority t40 CFR 122.22] Version 612012003 . 00 00 NPDES 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. 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 Pennittee 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 (f)]. 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 Tide 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 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. 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 40 PDES 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 notbe 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)] (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 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 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. 0) 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 6/20/2003 soNPDES 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 Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.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. 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 �. �C�PDES Permit Requirements Page 9 of 16 3. Flow 1Nleasurements 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. 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 shallretain 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 NPDES Permit Requirements - Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entrn 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 soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. 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 122.410) (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 PDES Permit Requirements so Page 11 of 16 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 122.41 (1) (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 122.41 (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 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. Availability 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 00 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, not add to the plant's treatment capacity, not 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 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"; (1) One hundred micrograms per liter (100 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 (1 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 '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 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 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. 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,'un-less 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 concentration 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 furnes 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 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 Pro rg ams 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 JWS) 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 122.421. 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- 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 40 *ONPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) 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. 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. 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 the 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 (L3PS) 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 DSE) Version 6/20/2003 0 00 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 State of North Carol'_-, Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr.; Secretary Kerr T. Stevens, Director Mr. GaryJensen P.O. Box 399 Little Switzerland, North Carolina Dear Mr. Jensen: NCDEN- ­­__­� -�--.1 ­11 11 T�j May 31, 2001 J — I JUN 8 2001 _li I; 28749 I tNpT'"� 1=QUALITY SECTi6h! Subject: NPDE � ' Permit NCO030996 The Switzerland Inn McDowell County 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). 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 Michael Myers at telephone number (919) 733-5083, extension 508. Sincerely Original Signed By Ravid A. Goodrich Kerr T. Stevens cc: s ville gi�f-frs aster • ualiry�n Point Source Compliance an n orcement Aquatic Toxicology Unit Central Files NPDES Files 1611 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/ 10% POST -CONSUMER PAPER VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO030996 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, Gary Jensen is hereby authorized to discharge treated domestic wastewater from a facility located at The Switzerland Inn Blue Ridge Parkway @ U.S. Highway 226A Little Switzerland McDowell County to receiving waters designated as an unnamed tributary to Buchanan Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and. other conditions set forth in Parts 1, II, 111 and IV hereof. This permit shall become effective July 1, 2001. This permit and authorization to discharge shall expire at midnight on December 31 2004. Signed this day May 31, 2001. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0030996 J SUPPLEMENT TO PERMIT COVER SHEET Gary Jensen is hereby authorized to: 1. Continue operation of a 0.01 MGD wastewater treatment plant consisting of the following treatment units: • Septic tank • Dosing tank • Surface sand filter • Tablet chlorinator • Tablet dechlorinator The facility is located at the intersection of the Blue Ridge Parkway and U.S. Highway 226A at The Switzerland Inn in McDowell County. 2. Discharge treated wastewater from said treatment works at the location specified on the attached map through outfall 001 into an unnamed tributary to Buchanan Creek, classified C-HQW waters in the Catawba River Basin. Facility Information Latitude: 35° 50' 56" Sub -Basin 03--08-30 Longitude: 82° 05' 23" Quad #: D 10 SE (LitHe Switzerland) Stream Class: C HQW Receivine Stream Unnamed Tnbutary to Buchanan Creek Pemu#ed Flow 0.01 MGD Facility ��6 Location `����r� �0� rth'' NC0030996 No McDowell County Permit NCO030996 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 treated wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Limits ::- Monitoring Requirements -_ Monthly Average Daily:_:: � Maxiinum - Measurement 'Frequency Sample Type Sample Lout on1 ' Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day, 200C 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3-N 2/Month Grab Effluent Fecal Coliform 200/ 100m1 400/ 100ml 2/Month Grab Effluent Dissolved Oxygen 6.0 mg/L Weekly Grab Effluent Dissolved Oxygen Weekly Grab Upstream & Downstream Temperature aily Grab Effluent pHz 2/Month Grab Effluent Total Residual Chlorine 2/Week Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Temperature Weekly Grab Upstream & Downstream Footnotes: 1. . Upstream = at least 100 feet upstream from the outfall. Downstream = at least 300 feet downstream from the outfall. 2. The pH of the effluent shall not be less than 6.0 nor greater than 9.0 (on the standard units scale). 3. Chronic Toxicity (Ceriodaphnia) at 90%: February, May, August, November (see Part I. A. (2.)). There shall be no discharge of floating solids or visible foam in other than trace amounts. Defintions: MGD — Million gallons per day mg/L — Milligram per liter ml — Milliliter BOD — Biochemical Oxygen Demand Permit NCO030996 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 90%. 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. 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 THP313 for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: V Attention: North Carolina Division of Water Quality 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 follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PARTI Section B. Schedule of Compliance . L The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permitiee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part U Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Actor "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"' in Part 1 of the permit. b. The "weekly average discharge" is defined as the total mass of all daily- discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean - found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement. . a: The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar.month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled_ and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of 'the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the .sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge duringa calendar day. If only one sample is taken during any.calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. .d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daffy discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected duringa' calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daffy average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is•the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part l of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 i. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater 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 time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent 'grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over -a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must -be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. I b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one 0). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part 11 Page 4 of 14 10. Calendar Day M A calendar day is defined as 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. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. . " 12. Toxic -Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDMONS 1. Dut,y toto 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 reissuanee, or modification; or denial of a permit renewal application. 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 requiremgnt. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions. 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. Also, any person who violates a perm# condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122 41(a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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 11 penalty not to exceed $125,000. cart u Page 5 of 14 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 which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1, C-4) and 'Tower Failures" (Part If, 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 pemdttee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Richts 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. 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, and 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. S. 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 to be kept by this permit. 9. Duty to Rea=ly 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. --` Part II Page 6 of 14 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 I43-215.6 and 33 USC 1251 et. seq. . 11. Signatory RMiremen All applications, reports, or information submitted to the Permit Issuing Authoriiy shall be signed and certified. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance -with corporate procedures. (2Y 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above- or by a duly authorized representative of that person. A person is a duly authorized representative only if.. (I) 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. C. Certification. 'Any person signing a document under -paragraphs a. or b. -of this section shall make the following certification:, -1 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 Anes and imprisonment for knowing violations." Part II Page 7 of 14 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. 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. (The exclusive authority to operate this facility arises under this permit. The -authority to operate the facility under previously issued permits bearing this number is no longer effective..] The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 9OA44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must .also employ a certified back-up operator of the appropriate type and any grade to comply with the- conditions of Title 15A, Chapter 8A .0202. The 'ORC of the facility must visit each Class 1 facility at least weekly and each Class IL M, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part H Page 8 of 14 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. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means 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. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which muses 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 does not mean economic loss caused by delays in production. b. Bypass riot exceeding limitations. 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 c. and d. of this section. c. Notice (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 affect of the bypass. (2) Unanticipated'bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of.this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. s is a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations'.if-the requirements of paragraph c. 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. c. Conditions necessary for a demonstration of upset. r L 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. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 143-2151 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 Part 503. The permittee shall comply with applicable 40 CFR Part 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 permittee is responsible for maintaining adequate safeguards as required by DEM Regulation; Title 15A, North Carolina Administrative Code, Subchapter 2H, .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. 0 Part][[ Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampliinne, 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 which 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. 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 (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, . postmarked no later than the 30th 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: Division of Water Quality Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 are 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. Once -through condenser cooling water flow which is 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. sec, 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 Regulation 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. 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 Part 11 Page 11 of 14 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, tamperswith, 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit; the pernuttee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who perforated 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 Enter 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 ofthis 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. SPart II Page 12 of 14 SECTION E. REPORTING REOUIREMENTS 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 soon as possible, of any planned physical alterations or additions to the permitted facility. Notice is -required only when: a. The alteration or addition to a permitted facilitymay meet one of the criteria for determining whether a1acility is a new source in 40 CFR Part 122.29 (b); or b. Thealteration or addition could significantly change the. -nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit,.nor to notification requirements under 40 CFR Part 122.42 (a) (D.. . 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 Noncom 1p •anee The permittee shall give advance notice to -the Director of any planned changes in the permitted facility or activity which may result in noncompliance -with permit requirements. _ 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 permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. -Monitoring R=rts Monitoring results shall be reported at the intervals specified elsewhere .in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) 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 the permit, using test procedures specified in Part lI, D. 4. of this permit or. in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations. which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. is Part II . Page 13 of 14 6. Twenty four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. b. The -following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part H. E..5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part IL E. 6. of this permit. S. 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. 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 orr 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. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form 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(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terns 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 143-2151(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 not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. 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 the compliance of this NPDES permitted facility with the current groundwater standards. 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: 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 (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one miilligram per liter (1 mg/1) for antimony; (3) Five (5) 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 ug/l); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value' reported for that pollutant in the permit application D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually 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 sixty (60) days of notification by the Division. • • A. The permittee must pay the annual administering and compliance monitoring fee . within. 30: (thirty.), days. -after being_bffl%d- 3y :the -Division... ,Failure. to -pay. the fee -in a: ivie4y:ma er-M accordance with 15A.NCAC 2H..0:1.05(b)(4) may cause this. Am'; tin fio iiitiaeon=a%eookehE perniut . Department of Environment and Natural Resources �oF W�TF9 G Division of Water Quality py > y Fact Sheeffor NPDES Permit NCO030996 Facility Information Applicant/Facility Name4: Applicant Address4: Facility Address4: Permitted Flow2,4,7: Type of Waste2,4,7: Facility/Permit Status4: County2,4,7: Miscellaneous Receiving Stream2,4: Stream Classificationl,2: 303(d) Listed?5: Subbasin2: Drainage Area (mi2): [calculated] Summer 7Q10 (cfs)6: Winter 7Q10 (cfs)6: Average Flow (cfs)6: IWC (%): Primary SIC Code: Regional Office: USGS Topo Quad: Permit Writer: Date: Summary Switzerland Inn P.O. Box 399, Blue Ridge Parkway Intersection of Blue Ridge Parkway and 226A 0.01 MGD . Domestic - Lodging (i.e. hotel, motel, quest houses, etc.) Renewal McDowell Unnamed Tributary to Buchanan Creek C HQW (reclassified on 4/1/99) No 03-08-30 0.09 mil 0.0 0.0 0.2 cfs 100 % 4952 Asheville D 10 SE - Little Switzerland Michael Myers November 20, 2000 The Switzerland Inn requires a NPDES discharge permit to dispose of treated domestic wastewater to waters of the state. Switzerland Inn's NPDES permit has expired and they have requested renewal of their permit. The Division of Water Quality's NPDES Unit issues permits for individually permitted facilities, and determines conditions that must be achieved prior to discharging wastewater. This fact sheet summarizes the rationale used to determine permit limits and conditions. Switzerland Inn owns and operates a 0.01 MGD wastewater treatment plant in the Catawba River Basin2.4. The receiving stream is defined as a zero flow stream with a positive 30Q2 flow. The facility was originally permitted in 1981, with the last renewal in April 1995. The permit underwent two significant changes in 1991 and 1995. Fact Sheet NPDES Renewal Page 1. In 1991, a toxicity test was inserted into the permit. In situations W110monia toxicity is a concern facilities are given the option of an ammonia limit or toxicity test. There is a ammonia toxicity issue associated with this discharge, therefore a toxicity test requirement was included as a condition for the permit. The 1995 permit renewal contained a special condition that required the facility to connect to a POTW if service became available to the area. Therefore, this special condition was included in the permit because it is noted that connection to a sewer may become feasible. The Division is no longer inserting this permit condition in permits. The Division now requires that NPDES dischargers continually update the facilities Engineering Alternatives Analysis. Current Stream Conditions The unnamed tributary to Buchanan Creek was reclassified in April 1999 from WS-III to C HQW. The receiving stream combines with Buchanan Creek with the flow eventually reaching Armstrong Creek. Armstrong Creek contains a Benthic and Fish Community site downstream of the confluence of Buchanan Creek and Armstong Creek3. The Benthic site was rated as 'excellent' and the fish community was 'good -fair, however, interpretation of these results is difficult because of the distance and other inputs between the discharge and the sampling station3. Instream Monitoring Current requirement: Upstream and downstream DO, temperature, fecal coliform and conductivity7. Recommended requirement: Upstream and downstream DO and temperature monitoring Removal of conductivity and fecal monitoring is rem commended. A review of the instreadata for fecal and conductivity generally indicated excellent water quality for the pollutants of concern. Compliance Summary: (see Appendix B) May 1999 - Toxicity, failure; NOV issued 7/22/99 November 1998 - No toxicity report received; NOD issued 1/20/99 October 1998 - Toxicity failure; NOV issued 12/18/98 September 1998 - Toxicity failure; NOV issued 11/23/98 August 1998 - Toxicity failure; NOV issued 10/22/98 May 1998 - fecal coliform limit violation; NOV issued 8/4/98 May 1998 - fecal coliform limit violation; NOV issued 6/29/98 November 1997 - No toxicity report received; NOD issued 1/26/98 August 1997 - Toxicity failure; NOV issued 10/24/97 July 1996 - BOD limit violation; NOV issued 9/30/96 May 1996 - BOD and fecal limit violations; NOV issued8/5/96 May 1996 - Toxicity failure; NOV issued 7/26/96 Toxicity Testing Current Requirement7; Quarterly Chronic Toxicity P/F @ 90% Feb, May, Aug, Nov Recommended Requirement: Quarterly Chronic Toxicity P/F @ 90% Feb, May, Aug, Nov Fact. Sheet NPDES Renewal Page. 2 Proposed Changes Remove in -stream fecal and conductivity monitoring. Over the last two years the facility has demonstrated reliable disinfection. Additionally, in -stream fecal and conductivity data over the past two years generally indicates excellent fecal and conductivity levels. The limit for DO will remain at 6.0 mg/L based on the C HQW classification for the receiving water. The classification of the receiving stream has changed from WS-III to C HQW. The special condition requiring the facility to connect shall be removed. The facility will be reminded that the Engineering Alternatives Analysis shall be updated routinely for economically feasible alternative to discharge. Proposed Schedule for Permit Issuance Draft Permit to Public Notice: December 13, 2000. Permit Scheduled to Issue: References 1. Division of Water Quality's Basinwide Information Management System, November 29, 2000, htW://h2o.enr.state.nc.us/bims/reports/basinsandwaterbodies/alpha/Neuse.pdf 2. 1994. NPDES Regional Staff Report for The Chalet Motor Lodge, August 9,1994, Asheville Regional Office 3. 1999. Catawba River Basinwide Water Quality Plan. North Carolina Division of Water Quality, Water Quality Section. 4. 1999. NPDES Permit Application Short Form D, The Switzerland Inn. 5. 2000. 303(d) List of North Carolina Impaired Waters - Draft. North Carolina Division of Water Quality, Water Quality Section. Copies obtained through Planning Branch, Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina. 6. 1993. Low Flow Characteristics of Streams in North Carolina, United States Geological Survey Water -Supply Paper 2403. Copies obtained at U.S. Geological Survey, Map Distribution, Box 25286, MS306, Federal Center, Denver, CO 80225. 7. 1995. NC0030996'NPDES Permit. Issued to Mr. Gary R. Jensen, April 30 2000. Copies obtained through The Division of Water Quality, Central Files, Archdale Building, 512 N. Salisbury St., Raleigh, North Carolina. State Contact If you have any questions on any of the above information or on the attached permit, please contact Michael Myers at (919) 733-5038 ext. 508. NAME: NPDES SUPERVISOR DATE: NAME: DATE: Fact Sheet NPDES Reneival Page 3 Regional Office Commeit NAME: DATE: Fact: Sheet - NPDES Renewal Page OF W A TF� O� QG > 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 SURFACE WATER PROTECTION SECTION ���/['�I^f�i��A9\"(xlT:�.':li".'.Yw^n31n:v?%VY�'e•-� . September 4, 2007 Mr. Jensen The Switzerland Inn PO Box 399 Little Switzerland, NC 28749 SUBJECT: Wastewater Collection System Owner & Operator Requirements The Switzerland Inn NC0030996 McDowell County Dear Mr. Jensen: 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.n6.us/peres/Collection°/o20SVstems/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. NonirthCarolina Naturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwatdrquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper l September 4, 2007 Page 2of2 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_staffyof this office.: 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 enclosures DWQ - SWPS - ■ C�te items 1, 2, and 3. Also complete AllaturUe it if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. a ived by ( ' t c ■ Attach this card to the back of the mailpiece, or on_the front if space permits. --__ __ ss-drf North Carolina Department ofelivery T� . A Environment ann Natural Resources• _ Division of Air Quality NCDENR 2090 U.S. Highway 70, Swannanoa, NC 28778 X GARYJENSEN LITTLE SWITZERLAND INN POST OFFICE1 BOX 399 LITTLE SWITZERLAND NC 28749 -7. u 3. Nepice Type/ Certified,M it ¢ egist ed, ❑ Insured Mail` 4. Restricted Dellvery?,. E - e ❑ Agent 3s P— RR11 Fchn inns 9nnd ern Recuin4 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, and s bo: JANET CANTWELL NCDENR-DWq-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ ete items 1, 2, and 3. Also complete I A. Signature it if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. rel" ■ Attach this card to the back of the mailpiece, or on the front if space permits. North Carolina Dip rtm �� • ' ' Environment and .NatU�al Reso ii .c D ivis ion Qf �ateyr} CSurfac, ti.6 . NCDENR Highway 7 Water mite S< 2090 U.S. Highway 70, Swannario4 N Gary Jensen The Switzerland Inn Post Office Box 399 Little Switzerland, NC 28749 61 ent ' E Addressi C. Date1 of De 1ve 5s different frd Neth 1?r U Yes Wry ad`dre�s elow: .�,f]'No G` )[3 S Ice Typ �v Certified M -1 O=Express Mail istered fi!�etum Receipt for Merchandise Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 710 1870_. 0003 0875 4524 ��, HOte 2411 _e �C PwM .'3R1 1 'F'ahr6Rrv:9rfnd 3 .. nrimactin RRtAi n Rar-ain+ 1! JGOFJI9_M_�Cdl UNITED STATES"POSTAL'S'IE'RVICE Fk&CWm Mall USPS Postage & Feeid Permit No. G-0 '6nd\&r.,`Please P\rmt yourjjame.2address, and ZIP+4 in this box • 06C6DUESN.RH-DIGWHQW-SWYP72A0 ANNANOA NC 28M ?,ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ C ete items 1, 2, and 3. Also complete A. ature - iteS' n if Restricted Delivery is desired. Xd ; x Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by (PWe.,al,C. Dateof Delivery ■ Attorh tFiic n�rrl +n tho F.onL nt r„ / ss different ome 1?Yes ^�:EIA live ryadd ress-below: 4. Re 7b09j 16;80;;P00;q ;7515 250;2; �G Fnrm RRi 1 Fahrnary 9nnA nnmastin Raturn Rnnaint eMail x�Q�es M I r ad - etu n Receipt f6r Merchandise Mail ©, :O.D. r' ✓? (Extra Fee); ❑ Yes ol; ly-! dUpU F i nggQr.nq.ne_i sai UNITED STATES PosYAt-ZERVICt ``�;-l-,U. 1611-.--,,.* Send&.: Please print your pairne/1, d.dr --U4E ;�-9��IiYWELL NCDb4R-'DW 1 'S 2090 U.S. HIGHWAY SWANN ANOA NC 28778 A a d ZIP+4 in t 0 1 /V vp 0- 111110plete items 1, 2, and 3. Also complete A. g ature 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse North Caroli epartment of Environment and Natural Resources 2090 U.S. Highway 70 Swannanoa, Nc 28778 NCDENR GARY JMSEN ' LITTLE IWITZERLAND,INN 4 CHALEAOTOR LODGE POST` C DICE BOX 399 LITTLEITZERLAND NC` 28749 1Name) C. Date of Delivery -7-09 .erentfrom item 1? ElYes address below: ❑ No 3. Ice Type rfied MaIF xpress Mail ❑ Registeredetum Receipt for Merchandise ❑ Insured Mai.O.D. -- 4. Restricted Delivery? (Extra Fee) ❑ Yes 70 It r ;r . •rr r rr ;rr ; t r ; rrr { 26. 345b td,o d 2 €7..Q64 2'3i`� 1 - -- Receipt imsos.nq.u. sar UNITED S�TATESet °Sender: Please print your name, address, and 3] ■ IIrplete items 1, 2, and 3. Also complete 1 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back,of the mailpiece, or on the front if space permits. 1. Article Addressed t :4r. Gar+ Jestscn 'Me $LYIJCI IaPd Ian P. o. Box 399 { LRdle Smix�d.:nG,_r4C :2S%:aL+ A. X ❑ Agent B. Received by (Pdnte8 Name) I C. Date of Deliver /D 2.z- 67 D. Is delivery address different from Rem 11 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Jl�Certifed Mail ❑ Express Mail ❑ Registered -PfRetum Receipt for Merohandisi ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) n z. Article Number 7026 3450, 2002 7064 8846� (Transfer from service label no r,....... 4Q11 r..L.....,._., none n_._.,...a_ o_..,__ o--- ._. UNITED STATES POSTAL SERVICE 111:11 • Sender: Please print your name, address, NC Dept. of Environrne4,;'1(K Natural Resources i . Surface Water Section -11 2090 U.S. 70 Highway - Swannanoa, NC 28778' C i NEW-1-wo-Ift IM!, -First-Class Mail `Postage & Fees iusps I Permit No,p 10 I this b6x-`19 J GARY JENSEN c-- LITTLE SWITZERLAND INN CHALET MOTOR LODGE POST OFFICE BOX 399. LITTLE SWITZERLAND NC 28749 2. Article Number i j ansfer from.aervlce labeq ° 70051 18 (Tr ■ C ete items 1, 2, and 3. Also complete IA. Sig itOW if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. Received ■ Attach] this-card_tn the-haclr_nf_fhc---11-,;-,aa, - North Carolina Depaq),E r : A --- Environment and Natural R&`spt A 1' 2090 U.S. Highway 70, SVvannanoa, I�% 2 .....ram NCI�ENR � X�;� 3. Se jc6 TyP \1)3Certified 000z' gent., r =3 ddre: erent f�rbtn item 1? ❑j Yes addressteiowa u� 7 No < LL,; l , C u�� i �C rr " D w -- ]- ress� Mag < 8eturp Receipt for efcqagdjs ❑ Insured Mall�C 4. Restricted Delivery? (Extra Fee) UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, ( MS. WANDA PRiVMR NC'UGNR UNQ-SM, 21190IT.%. 14IGHWAY70 WAN -NA -WA NC VMS d ZIP+4 in this box • ■ ete items 1, 2, and 3. Also complete it if Restricted Delivery idt'4o sired. ■ Print your name and addresson the reverse so that we can return the cards o ou- ■ Attach this card to the back of��he 'ail leee, r , or on the front if space permits' qk _ '! 1. Article Addressed to: f �Lfl� _ a c 7GAR)W�,�ENSEN- LNN ii t3ax;a9s` i. F— NC 2S741 4 � " t i V A. Signature ❑ Agent X WAddressei " c iveI by (printed Name) a Pr1�-- C. Date of Deliver l6 —If 61 —D-15 If deli as u- Y�9 ,.enter W J� U)< L' } LD �W QULERLAND address different from item 1? ❑ Yes f delivery address below: ❑ No S 'C�Type'LERLAND rtit�ed `e�istered fi, I M$jl ❑ ress Mail tum Receipt for Merchan sf Mail O.D. a 4 C a 4. Restricted Delivery? (Extra Fee) ❑ Yes6,11 17008 3k`LIb 400h 5j47�4��C17[�7 1( 01�/ ()'VHztcco•. W-oLir) PS Form 3811. February 2004 Domestic Return Receiot 102595-02-M-154 UNITED STATES POSTAMdft".'ft.A2f.'.. 0 Sender: Please print your name, VII(I "IC L!I1IIIfI!L.3J&:jTi 11!1!1 "IM! M.- M -L -' I. . I.. I ... dss, �d2jP:!4jAi this bQx• '0 LL 0 �: Lj- jjq11 0 LLJ U) < CNJ < LU DM 0 w Ef CD LLJ ■ ete items 1, 2, and 3. Also complete A. si nature 4 if Restricted Delivery is desired. ■ your name and address on the re plverse eU�IJI at we can return the card to you. B. ceived by (Prin A_ ttach,this_card-to_ thehack of-themailniece _ North l6arolina Department of- �r : ;T Environment and Naturaf:Resources ss !' 2090 u.s. Highway 70,-gWann =Yo Nc 28778 i rya 4CDENR a 3ARY JENSEN ITTLE SWITZERLAND INN 3 Service Type '.HALET MOTOR LODGE fled Ma rxP Registered eti COST OFFICE BOX 399 - ❑Insured Mai _ITTLE SWITZERLAND NC 28749 4. Restricted Deli c-Article umber (rranster ronj service iabe 7004 0 7 5 0..0 0 0 0 2593 P Agent ❑ Addressei 0 Pd, JAall [L i Receipt dr-N PS Form 3811; August 2001 ` '° ° 1 ` "domestic Re?urri Receipt' 1�' s ' I f i f ! I : 1 1 ! i ` 102595-02-M-154 Ei`'t Ei i H iii ii� i ii i t UNITED STATES POSTAL SERVIC First -Class Mail �I L f r Postage &_F_ee-, _Norih Carolina=Depaitme� o - X 200 :�Environmei tand-N a2ral �son S+r�e 2C90-tl.S. Highway 70, ,vannanoa, Nc M778 .. WDENR MR. KEITH HAYNES NCDENR-DWC SURFACE WATER PROTECTION - 2090 U:S. HIGHWAY 70 SWANNANbA NC 28778 i�,i,ii�:,,i�„il,,,ii,r►ii,ti,=,i,i��,►f:,�D�i,i�fi�,�3�,t:�i