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HomeMy WebLinkAboutNC0071005_Regional Office Physical File Scan Up To 1/6/2021�0 W ArFj9Q Michael F. Easley, Governor �Q William G. Ross Jr., Secretary : North Carolina Department of Environment and Natural Resources p - Coleen H. Sullins Director : T'-' -' Divisi6ff'of Wafer Quality" _"'%' .�..�. ..,...�.�.��.,,;. a� ...... a July 14, 2008 Joan K. Beck, Treasurer Lynnbrook Homeowner Association 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: Issuance of NPDES Permit NC0071005 Lynnbrook Estates WWTP Polk County Dear Ms. _Beck: . 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 permit includes no major changes from the draft permit sent to you on May 21, 2008. 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 150E 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 arty other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please_ contact Bob Guerra at telephone number (919) 733-5083, extension 539. I Sincerely, ow C leen H. Sullins Enclosure: NPDES Permit NCO071005 cc: Central Files Rss'�heviIId7 gio�yal Office / SeJrfa a Water Prote ion NPD�UnI ) r _r t I Al _ 9ne Carolina NXatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer-500% Rec ycled/10% Post Consumer Paper Customer Service 1-877-623-6748 �Permit NCO071005 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, the Lynnbrook Estates Homeowners Association is hereby authorized to discharge wastewater from a facility located at the Lynnbrook Estates WWTP NCSR 1135 Columbus, NC Polk County tQ receiving waters designated as Skyuka Creek in the Broad 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 August 1, 2008. This permit and authorization -to discharge shall expire -at midnight on July 31, 2013. ..Signed this day July 14, 2008. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0071005 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. Lynnbrook HOA is hereby authorized to: -1. Continue to operate an existing 0'.009 -MGD extended aeration package wastewater treatment facility with the following. components: • Diffused aeration • Clarifier • Sludge holding • Skimmer and • Effluent Chlorination This facility is located at the Lynnbrook Estates WWTP, north of Tyron off NCSR 1135 in Polk County. 2. Discharge from said treatment works, through Outfall 001, into Skyuka Creek, classified Class C waters, in the Broad River Basin, at. the location specified on the attached map. ' ` ^ Latitude: 35* 14'20" N State Grid: Landrum, NC Receiving Stiearn; Skyuka Creek Drainage Basin: Broad River Basin Stream Class: C- Sub -Basin: 03-08-06 Facility A — Location not to scale Polk County Permit NCO071005 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 from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT v� fLIMITS Y Y MONITORING,REQUIREMENTS CHARACTERISTICS . ik s i Monthly Average"' .. Daily Maximum = 'Measurement :ay. Sample Type Sample Location k N ag} ,t 4 Flow^ 0.009 MGD 2/Month, 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 m L 45.0 m L 2/Month Grab Effluent NH3 as N Monitor & Report Monthly Grab Effluent Fecal Coliform 200/ 100 mL 400/ 100 mL 2/Month Grab Effluent (geometric mean Total Residual 28.0 ug/L 2/week Grab Effluent. Chlorine 1 Tem erature Monitor & Report 2 Month Grab' Effluent H2 Monitor & Report 2/Month Grab Effluent Footnotes: 1. Because low-level TRC is currently difficult to quantify in a wastewater matrix, the Division shall consider all effluent TRC values reported below 50 µg/L to be "in compliance" with the permit. However, the Permittee shall continue to record and submit all values reported by North - Carolina -certified field and lab test methods, even if these values fall below 50 µg/L. 2.. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. )ES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR-NPDES PERMITS v 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 C1ean.Water Act, as amended, 33 USC 1251, et. seq. Annual Averaee 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 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. 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 Version 1011012007 ' ' 'ADES Permit Standard Conditions ,— j Page 2 of 16 ➢ 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 X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected 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" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] 'for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Dail, Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Version 10/10/2007 l `1 )ES Permit Standard Conditions Page 3 of 16 Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit'Issuing Authority The Director of the Division of Water Quality. ' Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307 (a) of the Clean Water Act. 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 Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, .or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or•prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet, been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitaiiori implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed, $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301; 302, 306, 307, 308, 318, or 405 of the Act, or any .condition or limitation implementing any of such sections, in a permit issued under Version 1011012007 �� DES Permit Standard Conditions �.� Page 4 of 16 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)] d. Any person who knoivingly 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 with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 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. Version 1011012007 I`4i LL )ES Permit Standard'Conditions Page 5 of 16 5. PropeM 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 15015-23]. - 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 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. Si�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]. Version 10/10/2007 'DES Permit Standard Conditions Page 6 of 16 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] 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 Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (% 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Pemnittee-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.02011. Version 1011012007 `':)ES Permit Standard Conditions Page 7 of 16 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 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)]. 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 (CA'. 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 J1 . 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. Version 1011012007 DES Permit Standard Conditions a� f Page 8 of 16 (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. (l) 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: 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) 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 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 21-1.0124 — 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 Samyling 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 122.410)]. Version 1011012007 r �,)ES Permit Standard Conditions `-� Page 9 of 16 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly, Discharge Monitoring Report (DMR) Form- (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of`the month following the_ completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day -of the month following the commencement of discharge. Duplicate signed copies of these, and all'other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates .throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that. type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.); the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 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 122.411. 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 Version 1011012007 .. 4 , '?DES Permit Standard Conditions Page 10 of 16 ➢ 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; 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; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (l)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the .permit [40 CFR 122.41 (1) (2)]. Version 1011012007 ()ES Permit Standard Conditions � Page 11 of 16 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 122.41 (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)]. 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 (l) (8)]. 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. Version 1011012007 r 1 ''DES Permit Standard Conditions _ Page 12 of 16 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 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 $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to -the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, 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'; Version 1011012007 �J `UES Permit Standard Conditions Page 13 of 16 (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 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. 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. 1. Effluent limitations are listed in Part I of this"permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR-261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference;' d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in'a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; C. 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; Version 10/10/2007 'DES Permit Standard Conditions Page 14of16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the -Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Surveyy (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis ajWA 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 122.44]. 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. Version 10/10/2007 )ES Permit Standard Conditions Page 15 of 16 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. 6. Authorization to Construct (AtQ 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. 9. Enforcement Response Plan (EU 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 (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to 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 Version 1011012007 'DES Permit Standard Conditions ■ Page 16 of 16 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 Summaa (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 (IDSF) 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 211.0114 and 15A NC -AC 2H .0907. Version 1011012007 Match 25, 2008 JOAN K BECK TREASURER - LYNNBROOK HOMEOWNERS ASSOCIATION 43 LYNNBROOK WAY COLUMBUS NC 28722 Subject: Dear Ms Beck: 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 I. { MAR 2 7 2008 WATER QUALITY SECTION €€ AS-IEVILLE REGIONAL OFFICE -Receipt of permit renewal application NPDES Permit NCO071005 Lynbrook Estates WW'IP Polk County The NPDES Unit received your permit renewal application on March 24, 2008; however, on initial review we note that a Sludge Management Plan was not included in the submitted paperwork. Please submit to this unit a Sludge Management Plan or a statement indicating that a Sludge Management Plan is not required. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required to complete your permit renewal You should expect to receive a draft permit approximately 30-4.5-days before your.existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Susan Wilson at (919) 733-5083, extension 510. Sincerely, Dina Sprinkle NPDES Unit cc: CENTRAL FILES AshenlMe eon LiQ£fice/Surface Water Protection NPDES,Unit James & James Environmental Management, Inc., 3801 Asheville Hwy, Hendersonville, NC 28791 No o Carolina tura!!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: w,%;%v.ncwaterquali .ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper •• rn.b vcoovtVVu.7; JAM b &-JAHES ENV. � R002/005' I FR01°i 4 i FAX NO. 16 2008 05:53PM P3 . ` NPIDiE APPLICATION - FORM 1E'err !pnianl:a:;ly► uwuo it th>~eLtase r►t sy 0=6 treating 100% domestic w,aetewaters <X.0 MaD ! Mail the cempletc{ apphlcaldon to: I ; N. 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Ileparate 0@6mitar mver only) Combinad (-9torm sewer and sanitary slower)S y me 6.: OtttfO Infornka: tion: J NICLulbe:r It! r wippir diffus 0214m.)! shoudng the exact locatibn of each dutfallh Namis.u.0ime4li-VIA.-It utwm� Map C,(e a 1,0 InterEmitteni Hof Dfambsize! coftt4nuo;" If InUIDTI-i-tibulLt" I.,-'Payet Pul. week discharge avultral ------------ Duration: 1. trogen and ,t 6;lt jp1stg.;$�ml vwtponents, iwiliding oapc design removal for BOD, TqS, ni the des tion 6f the trrwtn�ent system in a, fs !,1,110 -,hCwus. ifftilm-apace stint fl Clip e- Urn.mve-v- :51 Llh_ Wain FT' �l icl C. O_v 12M [Orr 04-i-O"A FomD 4/05 is Uf 3. 03/17,, 20(18 10: 5& FAI 828697010+3,5, JAMES A -JAMES ENV. / 121004/005 -FROM - . onxMO. ' :. j Mar . i 6 2006 05: 53PM P5 I IRIWEal's .APPLICA.TION - F'O" D j ' edl t,r+�ait,:e�u:mt gyate:n bmzititul( 101)% domeutia wastewaters <1,0 MG n or �,+ ve rehs` reran l + j 11y. � latio' 1[ay.l�iurrbua , u . ;: °1�uE:,raft�is�ut.IP'leiu�'t Dearga� .i]ow�%t �� -1 _MGD i Annual/1►o'ero,eaid �don"r ifpinn+rr of _KGD (for, the previous 3 yefus) �]�ia:!c9x+sy:uua 1)L�dllly flovu' _+�W)J)DS %GD (for the previous 3 years) i i ' ' ` cou�at i • JAL' ,Is Il�irs iE,nallttgLm�t�s�d a�IIt Ira�dliaa:� s9? i 1LI1filuaa::rt Dl l: j I . j iRs, or all other l�yout;lF dcaiaxjbrilt.Fi cvamet r'sCstair FecralCoitforrn,Zerry�3ratureancipHshcriIlieyrGi�sam f . l�eztarru t.?► s 2 4-ltnu�� tornposi> st�impltiV sFiall be rased, If more. than orza urullysiy is reported, report cttrlly mcudmztm one arani 5`w': is reporieii. report ts'daily'm�r►alm andrtioriv&w i uera!7e. �f on1t� c.. y Monthlyr-6 of iAver $ioeht1,1niClal OKYy ' n Dernand (13ODs) Feaal �Colii!ortnsuspe' 'nderf SolidsLTe:nporatu:ire: (Sll ITMelr)T�i�ap� t'at7Are p6iter) i p licatxonaa: i 10f, mat 01 per-o3its, nalmsilea'aattlom appierooafla and/os a 1f► permit Num1per 7Cy�re .I pes'm t.Number' Type N"HAP9 ( CAA) i Ocec .n Duraping (Ml°RSA) I d Dreclge ar :3t1 (Section 404 or G1A) Qthcr Ncgiii-attrul]�:1Ccit T1rvg=n (r.'A};t! i" 14,. n1"i'L,:I 11 NTT' rCWtTI i'Ilih ATI—aR1i i i ' II ca�rl:iili�' 'I;Itiat :[ `nun lct;ia.illiiiax' �a�itll► the irao rma in cv:iiaiaed iu the application aaei that..to :the ;'lbaaa air rtr!� TR>Gti:�ella:tlg�s,nnur1!'�allit itrsarh infoxmatienis true, a:osnplete, an+i aecprate_: Z6 A+, �• 3�C`�L' Pri�ote�cl raa:nre c►f lF,;rsvn aing . ELiplicant• j I i ,� , �, rson who knowingly makes any false siaterri'3rd. representatlon, or certificailon .irt any Naih F:Eu+olinai General statute ��s��< �l (bti(�) sl s$' ny ulattons of the Environmental Management aplAt tlon, ra�;ord, report, plan, or otilvr dooum®rd files or requited to be +namtaln��l under Attide 21 or regethod Cbrnit►I;�sion ithplerrtvidng that Article, or uvt+o falsifies, tam ors tiie 6nvlrornor nent,I�Manaders +geme�n Commlitalonimpl mentin9 that Article, hall be guilty+offa td be operate):1 or matnl,jjnad undue ArUcge 21 or, tegulations rttirde+yteanar n9shtrbi 3 by a ilnu� not fo ttx>ra 'Let $25,000,, o,-,by Imprisonment not to exceed six months, � by both. (18 U.S.C. Section 1001 provides a punlshtnont b!(A fine ��t n� more Iran 9125,U00 or Impnsonrrarnt not rrwre than 5 yea+ s, or both, tar a strnifar ot[er+se.) 1 j j + Form:d 4105 1 3rri3 . ' { I FAX 8286970065 JAMES & JAMES. ENV. [d] 005/005 f Y �eLynribrook Estates Home �e Owners Assoc. i NCO071005. Polk County C /:Map:W G10N Polk J Aq� St Uu k' IN St 1-p q; I .. ;p Lynn . . . . . . . . . . . . . F X4. Cb X x 4b:� -ell 41. . 6.ISIS.. Lailudv.: 351415' i I: 610MW W quilm Cre* Lymnbro* Estates HOA NC Polk C00ty DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT -' NPDES No. NC0071005 ;'�,r���'. �i���. �:��. ��'��,� �','w;,s .���-M� ac ity,. n ormataon '�xx= �� ��•��� ��`�r � �K �. �,� � ,�n;< Facility Name Lynnbrook Estates Homeowners Association Permitted ow: 0.009 aci rty ass: 11 aci lty errnit tatus:Renewal (i.e. New, Modification, Existing or Renewal) County: Folk 4 t ream aracterishcs s � ReceivingStream: a Creek Stream assi ication: u asin:(Broad RiverBasin) Drainage Area (mi ): 2.70 Summer c s niter c s : 1.0 cs Average Flow c s o o iscze aneous _. x Regional ice: Asheville, opo ua -"4--a,16#, ru vn :5. C Changes Incorporated into Permit Renewal ropose anges k �-arameters ecte aSINN or c ange S _ . . r . c �x Change monitoring equency p consistency wi permit from weekly to 2%1V4onth. modification. Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WASTELOAD ALLOCATION Request # 6964 Creekside Villas WWTP NCO071005 Domestic - 100% Existing Renewal SIyuka Creek 030806 Polk Asheville Kepler 6/9/92 F10SW Stream Characteristic: USGS # Date: Drainage Area (mi2): 2.7 Summer 7Q10 (cfs): _ 1.1 Winter 7Q10 (cfs); 2.3 Average Flow (cfs): 4.0 30Q2 (cfs): IWC (%): Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing NPDES permit. Tech Support recommends renewal of existing limits with additional monitoring for fecal coliform (effluent, upstream, and downstream) because dilution ratio is < 331:1. Recommended by: i Reviewed by Instream Assessmen Regional Supervisor Permits & Engine ` RETURN TO TECHNICAL SERVICES BY: Date:_8/4/92 i SEP 0 3, 1992 RECEIVED Water Quality Action AUG 6 - 1992 Adeville Regional Of* Existing Limits: Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mom): TSS (mg/1): Fecal Col. V100 ml): pH (SU): Residual Chlorine (µg/1): OR & Grease (mg/1): TP (mg/1):. TN (mg/1): Recommended Limits: Wasteflow WD): BOD5 (mg/1): NH3N (mg/1): DO (mg(1): TSS (mg/1): Fecal Col. (/100 ml): pH (SU): Residual Chlorine (µg/1): Oil & Grease (mg/1): TN (mg/1): 2 CONVENTIONAL PARAMETERS Monthly Average Summer Winter 0.009 30 monitor Pr 30 nr 6-9 Monthly Average Summer Winter 0.009 30 monitor nr 30 monitor 6-9 Limits Changes Due To: Change in 7Q10 data Change.in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information WQ or EL Paramete(s) Affected Fecal Coliform _X Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed S No parameters are water quality limited, but this discharge may affect future allocations. 0 NPDES WASTE L6l�A� ALLOCATION PERMIT NO.: NCQ071005 PERMITTEE NAME: James R. Drais FACILITY NAME: Creekside Villas Wastewater Treatment Plant Facility Status: Existing Permit Status: Renewal Major Minor Pipe .No.: 001_ Design Capacity: 0.009 MGD Domestic (% of Flow): 100 % Industrial (% of Flow): Comments: RECEIVING STREAM: Skuka Creek Class: C - Sub -Basin: 03-08-06 Reference USGS Quad: F10SW (please attach) County: Polk Regional Office: Asheville Regional Office Previous Exp. Date: 10/31/92 . Treatment Plant Class:. class I Classification changes within three miles: no change within three miles Requested by: Rand Kepler Date: 6/8/92 Prepared by: Ac Date: X L yL Reviewe y Date: �� a �Uofl�_ .13 7 Modeler Date Rec. # (o q LE vi to Drainage Area (mi .) Z- 7 Avg. Streamflow (cfs): -�E, a 7Q10 (cfs) A / Winter'7Q10 (cfs) .2.3 30Q2-(Cfs) Toxicity Limits: IWC % Acute/Chronic Instream Monitoring. Parameters Upstream Location Downstream Location Effluent Characteristics Summer Winter BOD5 (mg/1) 3 NH3-N (mg/1) MOW.,� D.O. (mg/1) 17l TSS (mg/1) 30 F. Col. (/100.ml) Roo pH (SU) . E C E I VIF ater Quclity SLCtion UG 3 1 1992 . As eville' Reixionst %S4 ev,iJle, North Card Comments .Crkp ,ucor,,,,�,,,�; j".t p-„+.t—s•-alb? y �5 40 FACILITY INFORMATION-, Facility: Address: City: h Permit Number: 1YC60'11e Please Check Type of Facility: Wastewater Class 1 o 'APR 102001 Vli"1T S_C!10N! �- y1StiG�1iL!_f� r;,_��_j�_t__!_� State: ALC:�— Zip Code: ) K 7� _ County: PD Class II ✓ Class III Class IV Collection Class l Class I Class Ill Class IV Spray Irrigation Land Application Subsurface OPERATOR IN RESPONSIBLE CHARGE Please Print Name: Mailing Address: City: ",6 t' State: Q/G Zip Code: Certificate Types and Grade: 610PSO-b :�7- Certificate #s: d31/77 Social Security #: 9V,3- f Q- 7388 Work Phon 92,9 - 7 Q^r Home Phone: $Z Lo97 6lS! Signature: h e 1l Q_Q �L Date: - 0 BACK-UP OPERATOR Please Print Name- itan c � � �L�I5 Mailing Address: 13S City: • ".0 me State: /V'C- Zip Code: 0975-9 Certificate Types and Grade: 6&c,PSCD --All 1�- S1WPSC0 Certificate #s:cPgb7N a �S'b_-4 Social Security #: C;lD-yq_9939 Work Pho <�22 - b 9-7-666, Home Phone: RZ-9 -& l-7-b046 3 Signature _ - —� --- Date: --. _----- SYSTEM OWNER/ADMIN. OFFICER Please Print Name: Joan K _ Beck Mailing Address: 43 Lynnbrook Way City: Columbus State: pac Zip Code: 2R7?9 T I •,1, C C �r . Q 7 t) . n r ,,; . r �:.. [� Signature: �• /Q, Date: **�:*�*W*�:W�K:��� x�*•�%r•�*�r�F=*s:X��k�W�F:*ri��:�Y�F:**�k�K?k�k�k�k�k?K_�*�_�k.*_*��,�:*w*>ic�cxc��*��x. �kw��k� OLCJAuAi Please Mail To: WPCSOCC y-e, -1Nanney 1617 Mail Service Center Raleigh, NC 27699-1617 �✓ ym Q ar . `� . 448 ' Ao� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 31, 2013 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Dear Ms. Beck: John E. Skvarla, III Secretary Subject: NPDES PERMIT ISSUANCE Permit Number NCO071005 Lynnbrook Estates WWTP - Class II Polk County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final 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). 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 permit shall be final and binding. Please take notice that this permit Js not. transferable. 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, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Maureen Kinney of my staff at (919) 807-6388. _ cc: Central Files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterauality.orq Sin erely, Thomas A. Reeder RECE- AUG - 9 2013 DWQ/Surface An Equal Opportunity 1 Affirmative Action Employer Permit NCO071005 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 provisions 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, the Lynnbrook Estates Homeowners Association is hereby authorized to discharge wastewater from a facility located at the Lynnbrook Estates WWTP NCSR 1135 Columbus, NC Polk County to receiving waters designated as Skyuka Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof. This permit shall become effective September 1, 2013. This permit and authorization to discharge shall expire at midnight on July 31, 2018. Signed this day July 31, 2013. f � i f � TLC as A. Reeder, 15.(,/ision of Water Quality By Authority of the Environmental Management Commission I Permit NCO071005 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. Lynnbrook Estates HOA is hereby authorized to: 1. Continue to operate an existing 0.009 MGD extended aeration package wastewater treatment facility with the following components: • Diffused aeration • Clarifier • Sludge holding • Skimmer and • Effluent Chlorination This facility is located at the Lynnbrook Estates WWTP,. north of Tyron off NCSR 1135 in Polk County. 2. Discharge from said treatment works, through Outfall 001, into Skyuka Creek, currently classified C waters in sub -basin 03-08-06 of the Broad River Basin, at the location specified on the attached map. Page 2 of 4 t Permit NCO071005 PART I A. (L) 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 from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly' Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow 0.009 MGD 2/Month Instantaneous Influent or 50050 Effluent BOD, 5-day (20°C) C0310 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 C0530 NH3 as N C0610 Monitor & Report Monthly Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL 2/Month Grab Effluent Total Residual Chlorine 28.0 ug/L 2/week Grab Effluent 50060 T emp Temperature Monitor & Report 2/Month Grab Effluent pH' Not < 6.0 nor > 9.0 I 2/Month Grab L Effluent 00400 Standard Units Footnote: 1. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. a Page 3 of 4 4 { if a J NV V. 1 � _ { OUTFALL 001 d l t y 4� s • M t � y s ; j • �,, 4 1 � LynnIN t� 33 AIR p Is Y \ Lynnbrook Estates HOA - Lynnbrook Estates WWTP County: Polk Stream Class: C Receiving Stream: Skyuka Creek Sub -Basin: 03-08-06 Latitude: 35' 14' 20" Grid/Quad: Landrum, NC Longitude: 82' 13' 14" HUC#: 03050105 A �. �t 1 f� � {ir is 7 — #r l Facility Location (not to scale) , NORTH I NPDES Permit: NCO071005 N'IPDES 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 fot 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-by7 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 Version 1110912011 ODES 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). DWO or "the Division" The Division of Water Quality, 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. Genmetric 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 �1PDES 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 Quality. _. 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 ,'DES 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 H violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duly 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 H.C.5) and "Power Failures" (Part H.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 1.43- 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 IPDES 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. SianatpH 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 — IDES 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: 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 orpersons 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 �---"fPDES 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 11, 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 "DES 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 fora 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.13.2. 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 1. 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 months) 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 Permit Standard Conditions J Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection 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://portal.ncdenr.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 (asamended), 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 request of the Director at any time [40 CFR 122.41]. Version 1110912011 "DES 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 122.41]: 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; 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)]. 4. 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 fPDES 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 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 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 H.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in -the discharge of significant amounts of .wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reportingrequirements 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 ( ''DES Permit Standard Conditions U ! 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 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. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 ,FDES 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 plants 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 DES Permit Standard Conditions - _ Page 14 of 18 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 (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 �1PDES 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 1110912011 IDES 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 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 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 H 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)(1 3),.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 122.44]. 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 1PDES 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 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 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 (AtQ 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 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 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. IU Self Monitoringaporting 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 122.446)(2) and 40 CFR 403.12] 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)] 1.0. 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 DES Permit Standard Conditions ,_ Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection 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 (1Us) 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 Ns 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 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 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)] 13. 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), 4039(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 Water pollution Control System Operator Designation Form WPCSOCC NCAC 15A SG, o201 p'ermittee owner/Queer Name! Mailing Address: 43 Lytint3rock Wa oumbNG us $ 85-6228 City: .ClStare: � 7fp: 2872? Phone Si$�aatttre• �' -- f - Date• � 1� . `% ......1..............................----..... ............... ..................I.......------................................................. Facility Name: � Permit #. N UOL7 "� County: ? SUSMff A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! l acidity Type & Grade - Gam_ Biological WwTP Physical/Cheu&W Collection System Surface Irrigation _ Land Application _ Grade NIA NIA. ................................................................:......:..................................................................... Operator in Responsible Charge (ORC) Print Pull Name: shannon cyn P a Certifioate Type 1 Grade / Number'Work Phone #: Date. Signatum: g • l - 1 "i Certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the . Hiles and regulations pertaining to the responsibllitses ai the ORC as set forth in 15A NCAC 080.0204 od failing to do so can result in Disciplinary Actions by the water Pollution Control System Operators Certification Cotranission:' , ................r...............................................u...............................................................r ......... Sack lip Operator in Responsible Charge (RU ORC) Print Full Name: J Lt ab C.ertificare Type / Grade I Number �C `1 work P11one #: Signature: Date:, 117=- _ "I certify that 1 egret to my designation as a Back-up Operator in Responsible Charge for the facility 310t4d. I understand and will abide by the Hiles and regulations pegmining to the ngMnsibilitles of the BU ORC as set forth in 15A NCAC M .0205 and failing to do so can result in Disciplinary Actions by tho Water Pollution Control Sysmm Operators cutifcation Couonissioa." ........... n.i........ ... •........a I .............. ua.. Y.p........ ...•w1......... low .......... of........... 64 ..................... u....... Mail 91 Fax to: WPCSOCC 1618 Mail Servke Center Raleigh, NC Z7699-1618 Fax: 919fl33.1338 (See next page for designation of aWW004 bz&-up 6pemtgna. DMgnatlen of mane maa one back-up op=W is oPdona ) Revie@d 8-2007,. WPOOCC Operator Desfgt7tzti"oa Form. coi & F'aemty Name: O k'erinit #• . Q.„„� • .....................aa\..w.w...............................,........•...4./.R//\I...Y../.............i.S♦R.Yl./.........................44.{/a Uaak Grp Operator in. Responsible Charge (BU ORC) Print Fuff Name: ` t' p er c - , �m iA. ' Cc� �e.l s —(A, CmIficate 'Type / Grade / N ber' PCS .. - Work Phone M. Due:- 1 _�.�7 _ 10wdt that X agree tp Dark-iT ONratut in Respgz!mNe Ghatp•fot tlia facUk— ncemL I uudetm and artd wIU abide by the tales and regE pertai g Do the rsspunaib311k1e5 of Litz ;3Ci ORG asset forth in A5AV.CAC O#G .0205 and• failing w da so *m-motit Diso*mv r Amk6s by ibc % ro'Sation Contmk System OM=rs CerdgtStiou Commis€itm." .......... 44.41171.Y1...........r....w....................4w..YY///i.Y/.......a1711SY/l�RYI Back Up.Operaior In Responsible Charge (RU ORC) Print FQ Same! �h � t5[srt to tY11i1 �2. small. 3 ,P-L Certificate Typ / Gm& / *=u bet: i O a N (4C, work phone #: s(gtiature: AA4A 141. Al. Date:__... "T oenil} rhea I-ree to mr tl 4pltion lea Back- up Opa mm Iu,RpVonsible Charge• for the Willy Rated. I understood and wltl abide by the rakes and reg ;1atTons pettaiaing to the.resWr., !Iitkes of 6e RU,0RC as set fa h is 15xt,1tiiCAC cSG .0205 and filing To do so = mA& ,ltt Disoipllaat+ Actions by't>re W, =rPo%rt6 Cu=1 symm Opcmtm Cesti$ca 6ou Caa=d"ian." .............. Y............rSh..aa........... .4.4...........at S.S.S Yhw Me./a R....... es„r.rwaa.............Y{/Ytuaou.a. Back -Up Operator. to Responsible Charge (BU ORc) Print FullXmne• Certificate T , � CN max:ff 3 (492 work phone #: lelw (11 pol�3 signature: 'L. Date, Tu 1 1 "I "£Y,d= 1 to -my. &W.0 nation as aka -up Operator is Respmaib€e CbttV fur ate i noted_ A uude;ltand and ivi11 abide by ttLe 1�eo and Terumons perwnlAg to the resp=&Vides 0fth0,BV' QRC W aet bfth in 1.5A XCAC 080 .02.05 and f gbig to do so earn result in DisciplinaW Ammon by the Water Pollmiou Colauol. Sp,tam Opt retnra Cerlificadon Commissioa." ...a.4r4.....a.Y...a.•.........r..:........a.......... lY\{RY...a.........a...!{34Y{{\lY.i..........................4.,SY.}\/�Y{/hR/Y{i.. Y!\. Back -Up Oparatpr-JA Rmpous%le Charge (BV.ORQI ,tint Full Na me- • care TYPe ! Grade /,?number:. _-. .. Work Phone #: Sipature_ - - Date: "I Gerrit} •that I agree tip rttx; Qesignatibts a6 S Back -bp OMaEor in Respma.* Chsrp fcr the facW* nmd. l undetst8 ad and --nU abide by the nrlea rind regulzdm pertaining m the MPG=I3 kities of tha Bti. ORC as sot fiff& in 15A NCAC 0$G .0205 and fading m da so oan =sd in Eh5c plinan,► Actin in the Water P011=04 Caatml System Oymator4 Ci mfication Commimiam�" Reined 05-2016 Water Follutiou Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Mailing Address• 43 L nr,bro❑k Wa ____ Columbus NC : 28722 Pho1]e# �`� ova—U •W� City; State: P—^ — tiatc: 14. 2G- 4 7 Signature_ ...............•................................ ...... .................. .......................................................... ..... .....• ...... .......• ..... ...... ........ .• �Y - Permit #: 6011 Facaity Nance: _• ,, . County I SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYMNx I F=flity'Type & Grade: Grade Grade Surface Irrigation NIA _ Biological WW TP NIA Physical/Chemicai Land Applicaion Collection System ...............................................I................. ...... ....... ...., operator to Responsible CbMe (ORC) Print Full Name: rc i-ca y desto m CertificateType / Grade / NumbreWork Phone #: $f�ffintt~. i anon as the operator � Responsible Charge for the facr7ity noted. I understand and will abide by the crxetty that l agree .� �' ruics and zeSulatioas pertaining to the responsibilities of the ORC as soe forth in i5A NCAC OSt3.0204 and failing to do so can tGsuh in Disciplinary Actions by the Water Pollution Comtrol System Operators Certift0ation Commission' ..... ••••.......a...\............................h.•...........................................•..•........ ....•..........•.............. BacU-Up Opemtor in Responsible Charge (BU ORC) Privet Full Name. Certificate Type !Grade 1 Numitex : t�� •CA — Work Phone #: f �� tifi Signature: `''a""`r Date:"*+' 'q cmtify drat i acme to my designn adoas a Back-up Operator in Responsible Charge for I facility Rood l understand and will abide by nip to the responsibilities of the 19U ORC as set forth in 1SA NCAC 0 an �` rite rules and reg1atiM f S Po Cettt£tcad a Conunia on, result in Disciplinary Actions by the Water Pollution Contr Systm Operators Division of Water Resources ...... \...a...N...... .....a.•.•......./.......YY......../.\a.a Aug °r F= to: iris m a1Ci. service eent�r MAY - 2 2017 Raleigh, NC 27699-1618 F= 9191733"13�8 Water Quality Regional Operations .4heville Regional Office (Sec next page for de9ignatlon of additional beck -up operator& Dedgrislan of mom than one t�K.up op Rimed "007. WpCSOCC Operator Da ignation Form, ooru • �ernt� #1: �� • �'acaiitp dame: aa.w aaaa. as ...... .....0.4............•k... a.. r. a. a a..•........... w.... aaiia..YYl aaaaliYaaa[al«asaaai.aa[¢1alY «.a.ak[..aa a.l a. aaa M«a.l.YAaa as jauck t;p Operator in Responsible Charge (13 1 ORC) Print Fwl Name:. Cwtifieafe ! Guide I N Der:. work Phone #: %M9 ����'�/ "✓ ate: "•��- - - l S+ilpntsuc: -I oe b nd I agree to M' dssigaolion as a Backup Operator in PxSp=�Gh e Ghats for to £aaitit` noted. I wade d amd w-M abide by do cotes a tegul sin: perta uiittg vo the ronslbditie5 of dW BX.1 ORC as act Sorb. in I5A gr-AC 080 :i120� and falling m do au CSrt .es�=1t ix1 eap DWpUnary ADd= b� t e Si�atct Pollurioa Condrol Sysc$m Operamrs cemSc ion Comito3ssiou" la.aYllFliV aMlltala.11llFa.iYl It�7«[la«ttaaY.[.tta.ata..[liaa.YY.Yaaatlit[aalYaaY.ww�M•.�.a[F.aw+rr..w.rwaaw..•r.¢a. wk�l. allllra..iMa..[♦laa.awl. Back -Up Operator in Responsible Charge (BU ORC) Stna%1: Certi irate T " ade I Wt=ber. Qi�ork l'bo:te • _ _ Date: Si'ure: • r nsble Charge Sar the Mlitt' -Q* e l underster>d a:ld �i1i a3ido h5 the "I perrit� that l agree ra y desi gn gs a Back uP Operaw �P° xuie$ acidreguladons perrainiri$'o the :�esparriyiluies of the lxl•ORC 8a set fan nil wt 13:4 i3Cb1C U8G .OZit� xtzd fhiling w da sa can z in Disciplinary Aadow by the Water PonuTiOn Co=015; 6= Qpmmtors C'MdRestiora Commission: " aaasa.a..a.a ••r.a..w. ...r.YA•..Yras.•4•.•aa.r.Y.•a.....••.... r....••.......aaat.w.reraw.¢raaal.lag.aY4r¢aaatlaaaaelFascali�aa..ak.e act •.. ak} Blek Up t3per4 or in Responsible O1►ar9e ('BU ORC) 0-Mqe-s EMabl• . qj- 1 l Print Fuii Name: e'a � [I.h n t jgC,$ 1 Iip�w '%'0 Phone Cerdficate Type,' Crrade / Numbar; --�--- — T)Ote: Siaxu: ibis forthe farina}' noted. I uudersr2pd ed tszil abide 6p ttix "I carCiiy that i s to xnr deaigri the n as a Back-up opqra?the. r irc I�PmCh b11 c and tdgulIItiops pertstaing to the respops�iitties of the 13'l� ORC as'Fer ivitat in i.A CAC ()$Cs A2U.. and ;biiiug'to da at) car. trssuii: in ftika by the wawr roliuuan cmitrol Sys Moperatm certification Comtcci'ssi�n." ...a.aal,.a..«.a.[i. ilx5Clpht •i4R.raaY............ arY.a[Y.w..aaaa.. aaaitl..a[ai..a....hta.a.wk.....w«......9 46144 faek Lp Operator In lOPOasr-ble Chart/ (DU ORC-) Print F1:11 Name• Cerrificae Type / Grade 1-Number;wozk Phone # - :. . Date �r !=AY— 'bida die" t cettif- tbar I age t2 m; declpatimo, ati a SWk-up Opp iA Respa*M'iahCbarge zrules sttd raguiatlans percfiniag to the respo hies ofthe %3 ORC as set for& in l5ANCA, OSDi3saplkM orations by the 1�¢s= Pollution Coniml sys�U ra ors Cactiftc�u Cork= es Water Quality Regional Operations Asheville Regional Office paujs 6fi.20tg Rater Pollution Control System Operator Designation. Form WPCSOCC NCAC 1SA 8G .020X Mailing Address: 43 Lynnbrook Wa City: Columbus State, NC Z1p: 28722- Phone#: { 828� 859-6328 _- Signature: - Date: ....................................................................................................................................... Facitty Nance: nil 6&k Q. i! I I sv�e 1+6 Or _ Perudt #: NC6 0 ! LOOS: County: SUBMIT A SEPARATE FORM FOR EACII'TYPE OF SYSTEM Facility Type & Gracie: Biological W%-M PhysicaUChemical Collection System Type Grade._ _ -- .Lo _... -T,_ Tie Grade Surface Irrigation NIA Laird Application -- _ _ NIA ........................................................... ------ . ........................................................... Operator in Responsible Charge (ORC) Print Full Nam; � K.O—V i h__-- Certificate Type / Grade / Number: .-� 6 Q. Work Phone #: i G 4 � —CY Cs C� � Signature: Date; "l certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the r mmnsibllifles of the ORC as set forth in 1 SA NCAC 08G .0204 and failing to do so Gail result in Disciplinary Actions by the 'Water Pollution Control System Operators Certification Commission." ....................... .♦.......................................................................... .....i............................. ....... Back -Up Operator in Responsible Charge(BC) U OR Print Full Name: . 3�k h &!L- C JQ-Mes- Certificate T=Jio Grade / Numbers al I Work Phone #: � Signature:Date: I l "It llm "i cortify that i to my cic�ig Ud-M as a Sac -up operator in l�ponsible. Ch"c for the facility noted. l understand and will abide by the riles and cuugtrlatlons pertaining to the responsibilities of the BU ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." •....»».......................................... ........................ri..... ..... ........... .............................................. t Mail or Fax to: WPCS()CC 1618 M®ii Service Center Ra ldgb, NC 27699-1618 Fax! 919n33-1338 (See nett page for ersignation of additional back-up operators. Designation of mare than oils Backup operator is oprionat.) Revised 82007, . HTC,SOCC OperatorDesig+tati'on For,,; Cola Facility lame: -i4-[t i �! A, sz. P 6 permit .ca..a............at...a...a.f..a.........a........Yn..........a..aa...A.a.[[i...}ltt►i...f}RtlOYY.aa7.a Rtt Yaka.ItllY. a.....a.4Yn........... as Back -Up -Operator in 4Responsible Charge {BU ORQ Pxint FuU Name: epo _ Email' CMIficate TI pe / Grade! Number: ICJ C5_09 . Ig •.. boric thane #• °I ecrtifjr Outt I agree tht tnr:desigsxsston ss a Back-up'Operotor in Responsible Charge.forrltt faoifity noted. T tmtletsmnd and tirti2 abide by the httlzs and tegttlatloas to t4 h esponsibiiities office BU ORC 8s setwrtla, inn 1.3A t.+FGA C Ostr _tI�03 and £�11iug zn do so can:nsL(r itt Dkscip :� s lr3 the' r Po ntxoit Co4Cro1 Syststu Operators Cerditation Coramissior." aftt.[}.Itltttall.ttYla[onto Y. r}gvf lY..ftYY Y... }R lM t.i.ssal.f..aa........nr...........................a.Nt.a Ya.aa. R.It RRY.a.kaff tRNlttYf Back Up Opern'tor im Responsible Change {BU ORGY Pt7ntFull Name: ke—A J A_ ummel Email: ��,1! fi--t�•n�e�' Cerrffleaie Type I Grade I : ber: WKzo,9 +f ( Work Phone # s itu$ Date: '7 s `� ceMii' Z apse is si�oth as a Back-W Q Its Rosponsibie Chan for the AdIity noted. I thndmtaod and wilt aliede by the ru3es and re{ t cdaw perfaating to tbe.respottslb!Hrles of tfie RUORC w set fords In I SA IvCAC 080 .020s and Wing to do so = tosuh in Discip(inaty t3etta b}' filt..l�amrPDStisdon CaIMo! Sva nt OpMMM Cead$catian commission." r......... .....a....... f..... ............ n................ <..soar............... "k........... ek...earsuet..............:.......... tinf�... aev ftclr-Up Operator In Responsible Charge (BU QIRQ Print Fu11 Dame: ci.h h -Q. m s - .l :nail: e, Cerd ficate Type ; Grade / ,N=beWork Phone #• ftT --(o jr? Date, ``Ytcerti y than 1 agtv�e to the designedon as R Bdck-nP Opemtor in Responeibie ChMV for the tkci tiny noted_ Z tru amiand end will abide by the m lus Rod re$•11athom pertaining to fliC regtnaibilitiea 4Ftbo',Bi ORC ax'sct forth.iu i 5A NcAC 68G .0205 and faitiog to do so can result in Dm'Y1'U3 ACtioa3 by the Water Pollution Control System Operatom Gerufteeh9ats Commission " a./NYYca.....it...w......................—....4kY.....oat.Y.......Pah......lot........1404....a....%to......................... lqbk.hk.r. •r r. Back -Up Operator In Responsible Charge (BU .0)RC) .Pant; Pull Name: � i!o- n4�Y- Eixtal:: ni b Lt so(. A-e.l Cert7 cat e h Crrads / N ber: 3 '7 Work .Phone 4: Sigrtaivare; Date. "I aetti tb L ag= to m; .dNi lan,w a, Back-up Operator in R&-ponsh•ble Charge fcr the fWi4 nowd. i understand snd uxi! abide by dle rules and rtguletions pe gng m the responSiblMas o£the.Bt? ORC as se¢ br h in I RANCAC 080.0205 and ffibg to do so cam rem is Disciplinary "Ons by the w1w Pollution Control System operators cmificatiott Commission." Revised 05-2016 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2010 Lynnbrook Estates Mrs. Joan Beck Permit Number: NCO071005 System Description An extended aeration basin with gravity flow influent into a 9,000 gallon treatment facility, clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system is a small facility with extremely low flow. The system runs very well for not having much food. There were no repairs needed this year. Violations and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. ank you, 4ax'o Jilanita, James James & James Environmental Management, Inc. "� j,)aar�.... �',1ry5 •(Y'�NNf...--.vw+cs.i.mff.JeM:nA�.3�{f�'� h9 �� � � � � � �D i'. � MAR ®I 2011 MAR - 7 2011 OEN�2-Vl?ATF� 4?UAL6TY WATER QUALITY SECTION ;. ASHEVILLE REGIONAL OFFICE ��:S:i';=�':!''..:;���.<y;;,;C.,i•is,.:aG1.r:k.;.s..tivi:,,aj;rL.=:.'.. PERFORMANCE ANNUAL REPORT — 2010 Lynnbrook Estates Permit Number: NCO071005 Mrs. Joan Beck A copy of the Performance Annual Report has already been, filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Mrs. Joan Beck Lynnbrook Estates PERFORMANCE ANNUAL REPORT - 2010 Lynnbrook Estates Mrs. Joan Beck Permit Number: NC0071=005- A copy of the Performance. Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible parry of this facility, has received a copy of this report .and was directed to give the users knowledge of this report arid -access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, 2s.Joan Beck Lynnbrook Estates :. 4 :z 0 2011I, 1Alr�TLR GI:.'LI t Y SECTION a ASHEVILLE REr--- — ICE FIL NCDET�IR . North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla III Governor Director Secretary February 6, 2013 Joan Beck Lynnbrook Estates Homeowners Assoc 43 Lynnbrook Way Columbus NC 28722 SUBJECT: Compliance Sampling Inspection Lynnbrook Estates WWTP Permit No: NCO071005 Polk County Dear Ms. Beck: A Compliance- Sampling .Inspection was conducted on January 29, 2013 at the subject treatment facility. Juanita James with 'James and James Environmental Management was present during the inspection. The facility was found to be in Compliance with permit NC0071005. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Linda Wiggs Environmental Senior Specialist Asheville Regional Office Enclosure cc: Central Files i5LV.il File Ja% e PO Box 1354 Mountain Home NC 28758 S\SWP\Polk\Wastewater\Minors\Lynnbrook Estates 71005\CSI.Ltr.Jan2013.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 OnrthCarolina Phone: (828) 296-4500\FAX: 828 299-7043 // Internet: www.ncwateraualitv.ora rq«� Nah United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA 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 I N I 2 151 31 NCO071005 111 121 13/01/29 117 18I S I 19I S I 20I II 21LIIIIIII Remarks IIIIIIILIIIIIIIIIIII IIIIIIIIIIIIII111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -----------Reserved--------- 671 169 70131 71 I I 72I N I 73I I 174 751 I I I I I Li 80 �LI 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 Lynnbrook Estates WWTP 01:00 PM 13/01/29 08/08/01 Exit Time/Date Permit Expiration Date NCSR 1135 Columbus NC 28722 01:45 PM 13/01/29 13/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)' Other Facility Data Name, Address of Responsible OfficiaVTitle/Phone and Fax Number Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ Contacted' Yes Section Q Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance E Sludge Handling Disposal N Facility Site Review Effluent/Receiving Waters Section D: Summary of Findin /Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signatures) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Linda S Wiggs 0011— 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 # 1 NPDES yr/mo/day Inspection Type 3I NCO071005 I11 12I 13/01/29 I17 181SI Section D:. Summary of Finding/Comments (Attach -additional sheets of narrative and checklists as necessary) Treatment facility is only servicing a few homes. Samples were obtained: BOD 4.9 mg/I Fecal Coliform 1 col/100ml TSS 6.8 mg/I Page # 2 Permit: NCO071005 Inspection Date: 01/29/2013 Operations & Maintenance Owner - Facility: Lynnbrook Estates WWTP Inspection Type: Compliance Sampling Is. the plant generally clean with acceptable housekeeping? ■ Q Q Q Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge m [I Q n Judge, and other that'are applicable? Comment: pH ORC 7.3 s.u. pH Inspector 6.9 s.u. Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ n Cl n Is the screen free of excessive debris? ■ Q n [,I. Is disposal of screening in compliance? ■ Q Q Q Is the unit in good condition? ■ Q n Q Comment: Grease Removal Yes No NA NE # Is automatic grease removal present? n n ■ n Is grease removal operating properly? Q Q ■ Q Comment: Aerobic Digester Yes No NA NE Is the capacity adequate? ■ n n n Is the mixing adequate? ■ Q Q Q Is the site free of excessive foaming in the tank? ■ Q Q Q # Is the odor acceptable? ■ ❑ ❑ Q # Is tankage available for properly.waste sludge? ■ Q Q Q Comment: Mikes septic, is contacted when needed for solids mgt. (-5yr) Primary Clarifier Yes. No NA NE Is the clarifier free of black and odorous wastewater? ■ Q Q Cl Is the site free of excessive buildup of solids- in center well of circular clarifier? Cl Q ■ Q Are weirs level? Q Q Q ■ Is the site free of weir blockage? ■ Q Q Q Is the site free of evidence of short-circuiting? ■ Q Q Q Page # 3 Permit: NCO071005 Owner - Facility: Lynnbrook Estates WWTP Inspection Date: 01/29/2013 Inspection Type: Compliance Sampling Primary Clarifier Yes No NA NE Is scum removal adequate? ■ Q ❑ 0 Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ Q ■ ci Is the sludge blanket level acceptable? ■ n n n Is the sludge blanket level acceptable? (Approximately'/< of the sidewall depth) n n n ■ Comment: Sludge blanket appeared to be ok, but was.not evaluated. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? n ❑ rl ■ Are surface aerators and mixers operational? ❑ 0 ■ Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n ❑ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ❑ ❑ n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ ■ Comment: No foam was noted during inspection. _ Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ 171 r_1 171 Are the tablets the proper size and type? ■ •❑ ❑ Cl Number of tubes in use? 1 Is the level of chlorine residual acceptable? fl ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ❑ ❑ 0 ■ Comment: Slight sludge build up in chamber, but not a concern at time of inspection 1 chlorination and 1 dechlorination unit in use. Page # 4 r United Stafes'Environmental Protection Agency Form Approved. EPA 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 � q 2 15I 3,1 NC0071005 111 121 13/01/28 117 181 c I 191 c I 201 I-! t=! LJ U U Remarks 211IIIIIIIIIII IIIII1_.I.1IIIIIIIIIIII1111III1.IIIII.116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA --- -------- - - --- Reserved----- -- -- - --- 67 I 169 70 U 71 U 72 73 � 74 751 I I .. I I I 11 . 80 �--� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Lynnbrook Es ates WWTP 03:00 PM 13/01/28 - - 08/08/01 - Exit Time/Date Permit Expiration Date NCSR 1135 Columbus NC 28722 03:30 PM 13/01/28 13/07/31 i � Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax)`lumber(s) a F,"; �" " Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ No Section C: Areas Evaluated During Inspection, (Check only those areas evaluated) _ Operations & Maintenance 0 Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) r• (See attachment summary) Name(s) and Signatiire(s) of Inspector(5) Agency/Office/Phone and Fax Numbers Date Linda S'Wiggs _ ARQ; NQ//82&,296-4500 Ext.465$/ 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 i NPDES r/mo/da I `s' ectiorr'T e ` 1 Y Y n p. Type _ 0. 3I NCO071005 I11 12I 13/01/28 117 1SI S t Y; J! Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) `1y Page # 2 Permit. N00071005 Owner - Facility: L nnbrook Estates WWTP , ..in`1 Inspection Date: 01/28/2013 • "Inspection Type: Compliance Sampling �. Operations & Maintenance = Yes No NA NE Is the plant generally clean with acceptable housekeeping?.. 0 ❑ El Does the facility analyze process control parameters, for ex MLSS; MCRT, Settleable Solids, pH, DO, Sludge ❑ ❑ ❑ Judge, and other that are applicable? Comment: Bar Screens Yes. No NA NE Type of bar screen a.Manual -V/ b.Mechanical Are the bars adequately screening debris? Is the screen free of excessive debris? Is disposal of screening in compliance?jV 15 Is the unit in good condition? r� Comment: Grease Removal # Is automatic grease remoV161 present? Is grease removal operating)properly? Comment: Aerobic Digester Is the capacity adequate? 1 Is the mixing adequate? " Is the site free of excessive foaming in the tank? # Is the odor acceptable? # Is tankage available for properly waste sludge? Comment: Primary Clarifier Is the clarifier free of black and odorous wastewater? Is the site free of excessive buildup of solids in center well of circular clarifer? / Are weirs level? Is the site free of weir blockage?� Is the site free of evidence of:short-circuiting? 1 Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ ❑ a❑❑❑ ❑ ❑ ❑ ❑ ❑❑❑❑ ❑ ❑ ❑ ❑ Yes No NA NE ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0f❑ ❑ Page # 3 Permit: NCO071005 Owner- Facility: Lynn brook Estates WWT P Inspection Date: 01/28/2013 Inspection Type:,, Compliance Sampling Primary Clarifier Yes No NA NE Is scum removal adequate? 0 11 0 0 Is the site free of excessive floating sludge? 0 11 0 0 Is the drive unit operational? AIA 11 11 0 0 Is the sludge blanket level acceptable? /Y 0 11 0 0 Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) 0 C1 0 0 Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system" 4 Is the basin free of dead spots? 11 U 0 El Are surface aerators and mixers operational? 000 0 Are the diffusers operational? 49- 0 0 0 Is the foam the proper color for the treatment process? 000 0 Does the foam cover less than 25% of the basin . 's surface 13 11 El 0 Is the DO level acceptable? 0 0 D 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) 11 0 C1 � Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? C1 0 Are the tablets the proper size and type? 00 0 0 Number of tubes in use? Is the level of chlorine residual acceptable? 0 0 0 0 Is the contact chamber free of growth, or sludge buildup?y 5 650- 11 0 0 11 Is there chlorine residual prior to de -chlorination? Cl Cl 0 11 Comment: Page # 4 JAMES & JAMES' • 1MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 697-0065 FAX January, 2016 Client: Lynnbrook HOA NPDES PERMIT NUMBER: NC0071005 Dear Client, We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: BOD 57.3 mg/l on the 7" 35.2 mg/1 Monthly Average FECAL COLIFORM >600 colonies/100 mis on the 7 h Averaged compliant This gave a daily maximum violation on one day for two parameters and did give a monthly violation. We determined that the cause of the violation was due to the torrential rainfall and flash flood that hit this area. The facility went under water and caused the control panel to have to dry out before the facility could be restarted. Once restarted, there were several repairs that had to occur to keep the facility operational. The facility was pumped of the sand and debris and a load of seed was brought in. The facility regained compliance. matter. You may receive a monetary fine for this month. Thank you for your understanding in this Thank you for choosing James & James as your service company. r anita James PERMIT NO. N00071005 DISCHARGENO. 001 MOM: ` JANUARY YEAR 2016 ACILITY NAME LYNNBROOK VILLAGE HOA CLASS II COUNTY POLK CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC.. CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) DANIELLE HUNTER GRADE II CERTIFICATION NO. 23477 PERSON(S)'COLLECTING CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 ELLE HUNTER ORC PHONE 828-697-0063 NO FLOW / DISCHARGE Fr�lI ZTE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. son DWQ F.- MR-1 p1/04> ,Nos 6��C Nb✓• �/G -cam o3i��iS�G MAH — O LUIU 0�/I`1u :ll va:iionGl OoPraficns _---_ility Status: (Please check one of the fol'_ 1 _,-'jig) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) Compliant All motitoring data and sampling frequencies do NOT meet permit requirements Noncom t The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiryof 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." LYNNBROOK HOA. . Permittee (Please print or type) 1' f_ 2/22/2016 7atureofPernu a*** Date equired upless submitted electronically) 101 LYNN BROOK WAY, COLUMBUS, NC 28727 828-697-0063 7-31-18 Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 907-6300 or by visiting hq-.Itporta1.ncdenr.org(webtwgtswptpslupde%tappforms. 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 Me with the state per. 15A NCAC 2B .0506(b)(2)(D). ' ft Npftk C to,Una Depadment of- Envtr6nmot and N6turat Resomrces.NED RECE ` Division of Water Resources DEC 3 0 2015 j�yw� , Water ME Tory Operations .. Ashevilie Region iii ear B , -ass 5-Dg ReportingFOt7ni 44, F, T f✓ P t or Typ@,Us*rktachmentslf Need a l).. . Permittee. 6 Permit Number County c� trlatt Startt Cate: %� � Time: LL tnlettt Ented;, Date.;Time 11`1 ooY� t ew of Tre-a teri None _, t'rima TY Treatment Secondary Treatment; Ctiionnat►onlDWrifection Orin ateri 1latume cif SpitllBjrpass: of pG 0g ;till can $ (roust be given evert if it ls'arough-estimate] aid the_S�►tii ypass reach- a Surface Waters? Yes � 0t tf yes, j�lease list the foiipwing: Volume Reaching SiarFace Waters.Q SurFace. Water:Atame:' rA,�Ca Clc eGtc . `J� Aid the SpItllBypase result in a Fish Kill? Y6s�No `.. Was'VIIVViP,compiiant with:.parmit requirements? ) Yes No '1lVei:,samples taken dung event? Sout of the um9tlspitlojigs-s {LOc tion or Treatment Unitl Cause or Reason for: the 3psetlSpillBypass: r1 tar scritse tha Fte ait mace &Actions Takers' :e w—f" 1 -%►'i GQ:1 �z le-:i w�tv,rctttck�``.�Y"�5 f rrp Upset,,, ;Spill, pr ftpass 5-Day Reporting Form P 2 . Actl2n Taken to C�SPilli dean Up. -and Remediate-tha Site fif aD li�abW: Actirtrn Taken or Proposed to be Taken -to Peevent QDccuflMnc� s 4 `) Additional Comments About the Event: ,-s W Pr s. ct, ac-1- s-P Crad y, a�" Cry p6?�e_ ' r v e n 4-i o-Y . . ':24;Hour Report Made To,.:, Div!sion-of Water.Resourcep gmergdncy Managemerat Contact Name: � eq �Y' � � 2. Date: 1 True; t - ,Other Agen lea Nbti�fed fflaM Deptetc):- 4 i j PeTson Reporting Event;, f.541 }4)A R V=1h�.,D Phone Number: DW DWR:Request an Additional, Written 'Report'' . Yes No if Yes, Wires AdditionilInforrimtion is :.Needed._ i AW4& n NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary February 6, 2013 Lynnbrook Estates Homeowners Assoc. Lynnbrook Estates WWTP 43 Lynnbrook Way Columbus, NC 28722 Subject: Receipt of permit renewal application NPDES Permit NCO071005 Polk County Dear Ms. Joan Beck, The NPDES Unit received your permit renewal application on February 4, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, Jeff Poupart Point Source Branch Cc: Central Files Ashville Regional Office NPDES Unit 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper RECEIVED FEB 1 4 '2013- T'WQ/Surface Water Protection Section _ Asheville Re iional Office ne NorthCarohna Natura!!t, .:K - Lynnbrook Permit Renewal. Page 1 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MCD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit TiCO 1 U C� If you are cornpleting this fonn in computer, use the TAB key or,the up- dowry arrows to move f rorn one field to the new, To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Ovmer Name I �iilrt%roo� �S�W�eS I����t�ol.�n�rs t'TSSOC, Facility Name un n Yi�,�C G s-3g- e-s L t c}T �t?- MailingAdrh•ess '4 j - Lottv >Ir City O' (� INt k It s State / Zip Code N O L4 6ib I A 0 Telephone Number Fax Number ( ) e-mail Address 2. Location of facility producing discharge: Check here if same address as above ❑ � Street Address or State Road /y [ S,) \ 1 City _ C-0 � k YY\ ll its State / Zip Code XO YA l Q ro 6 a_ ';L 1 �I ' County K 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 y60 _eSAi3 L S __! .i1��C(�. I1 _ f SSc3C, Mailing Address City i hti �?k.s State / Zip Code /i<(}Y4 e ro 1 110-- 'reiephone Number on'o Fax Number ( j F rm-1),1.5!M FEB 0 4 Z013 ck - Lynnbrook Permit Reriewal.pdf Page 2 NPDES APPLICATION - FORMI) For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(clwx* all that apply): Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential 0 Number of Homes School ❑ Number or Students; Staff Other 0 Explain: ( Z/d ,!,,e — 4! L"G°Gig JY" Describe the source(s) of wastewater (example: subdivision, mobile borne park, shopping centers, restaurants, etc.): C., o h-\ ,e S-�- C- Population served: , S. Type of collection system 9 Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfail Information: Number of separate discharge.points- Outfall Identifleation numbers) —0!2 L Is the outfall equipped ivith a diffuser? ❑ Yes N No 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfalir S. Frequency of Discharge: 19 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'sufftdent, attach the description of the treatment system in a separate sheet of paper. Q. OU 19 M &b 2013 x� DM-'j3 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1,0 MGD 10. Flow Information: Treatment Plant Design flow U, b L MGD Annual Average daily flow ,Qp oMGD (for the previous 3 years) Maximum daily flow MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes , 39 No 12. Effluent Data Provide data for Uwe parameter s listed. Fecal Coliform, Temperature and p:3 shall be grab samples, for all other parameters 24-hotir composite sampling shall be used. If more than one analysis is reported, report daily rnaxirnum and rnonthly average. ff only one analysis is reported; report as daily maxirnurn. Parameter Daily Biochemical Oxygen Demand (110Ds) Fecal Colifonn- i Total Suspended Solids Temperature (Summer) i Temperature (Winter)PH Honthly Units of Averse Measurement C 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (PCRA) NESIIAPS (CAA) UIC (SDWA) _ Ocean Dumping CMPRSA) NPDES Dredge or fill (Section 404 or CWA) -- PSD (CAA) Other Nan -attainment program (CAA) 14. APPLICANT CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing Title. . - q-- --4� / �O- L //. --) - � //' 3 Signature of,kp icant Date North Caraina C&4ra: Statute 143.215.6 ;b)(2..) slates: Any 5mm nvhn hr k.gy naMes any letBa viler. n.. rarreser?,Arir=., n= ceJ:;carnn at any appr':czllor',, recoil, repod,, Aan. cr other dccomenl files or req:ired fo tV. tria'nlaaed under Artice 21 or regulations et the En l-onmen al Vanaca rer,l Commissa i smplementng lie: Article, o- who falsifies, tampers vriti, or kncxingly renders Ip sonata any reccrdi^g or monitoir;g cevice or melt ;xi requ:ret, to he operated or maintained order ktde 2' or reguat'ons of the E%rirwrnrimal Varxdemen; Ccmnxsiet implamo it,ng ,nal Ar.' do, steal be gtllty d a mWemearrr.punishable by a tcte not to exceed S25.MO, or by imprisonment n to kneed slx months, or by both. 118 U.S.C..te to ICJ' pro.,ides a pu shment by a frna of nol more than S25,000 or impr sot?merit rot me'e than 5 years, or LroJ;, for a sirn;ar offenss.) 3T3 5or:^-D 05T8 Page 4 s y ~ • Lynn �1 _� 4 C- Ch— Lynnbrook Estates HOA Facility Lynnbrook Estates W WTP .Location Latitude:. 35° I- 2_0" \ State Grid: Landrum. NC not to scale Loncitude: 32, 13, la" W Pernutted Flow: 0 001) MGi? Receiving Stream: Skyuka Creek Drainage Basin: Broad R:Yer Basta tiP1.7ES Permit NO. NC0071005 Stream Class: C Sub -Basin: 03-0S-0(i North P(?Ik Coun"k - Lynnbrook Permit Renewal.pdf — 9 t Y "ytr James & James Environmental Management, inc.. 3801 Asheville Hwy., Hendersonville, N. C. 28791 ' OFFICE: (828) 697-0063 FAX: (828) 697-0065 Rmuaty 28. 2013 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: Sludge from this facility (Lynnbrook Estates) is pumped by Mike's Septic Tank- Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. - Sincerely) ' Juanita JanYes James and James Environmental lvt6n". Inc. _—_.--------------------...- -- — Page 6 r: ,James .& .James En%ironmental Management, Inc. 3801 Asheville flm., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 January 28, 2013 N. C. Department of Environment and Natural Resources Division of Water QualitvtNPDES Unit 1617 Mail Service Centel - Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: This letter is to request the renewal of the permit for the waste water treatment facility of Lyanbrook Estates, NPDES nulmber NC0071005. There have been no changes affecting this facility. Sincerely J uanita`.iames James and James Environmental Mgt., Inc. DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY FIEL D-For Lab Use ONLY LAB FORM• (DM1) j� COUNTY V I . `< PRIORITY SAMPLE TYPE RIVER BASIN f 1 ❑AMBIENT ❑ ❑ REPORT TO• R FRO MRO RRO WaRO W[RO WSRO TS QA STREAM EFFLUENT AT BM ®COMPLIANCE ❑ ❑ ❑ Ot Other CHAIN LAKE INFLUENT OF CUSTODY ❑ ❑ Shipped by: Bus Courier, Staff, Other EMERGENCY ESTUARY COLLECTORMI: L W 1 gg Lab Number- Date Received: Time: Rec'd by: From: Bus -Courier -Hand Del DATA ENTRY BY: CK: DATE REPORTED: Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: n L E IJCJ- Seed: Yes ❑ No ❑ Chlorinated: Yep< No ❑ REMARKS: Station # Date Begin (yy/mm/dd) Time Begin Date End Time End I Depth DM DB DBM Value Type Composite Sample Ty e Nc-00-1. 100 1� I O! j-, A H L T S B C �G GNXX 1 1 .it''i tsuus 31t► 14 q mg/I I 3 1COD Low 336 mg/1 4 Coliform: MF Fecal 31616 noii.— 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100m1 8 Residue: Total 500 mg/I 9 Volatile 505 mg/I 10 Fixed 510 mg/1 11 Residue: Suspended 530 mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/I 14 PH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/l 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pH 4.5 410 mg/I 19 TOC 680 mg/I 20 Turbidity 76 NTU Chloride 940 mg/I Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/I Pheophytin a 32213 ug/I Color: True 80 Pt -Co Color:(pH ) 83 ADM[ Color: pH 7.6 82 ADMF Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/1 Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 ug/I Sulfate 945 mg/1 Sulfide 745 mg/I H-- .1 NH3 as N 610 mg/1 TKN as N 625 mgA NO2 plus NO3 as N 630 mg/I P: Total as P 665 mg/I PO4 as P 70507 mg/I P: Dissolved as P 666 mg/1 CdCadmiuui 1027 ug/I Cr-Chromium.Total1034 ug/I Cu-Copper 1042 ug/l Ni-Nickel 1067 ug/I Pb-Lead 1051 ugA Zn-Zinc 1092 ug/I Ag-Silver 1077 ug/1 AI -Aluminum 1105 ug/I Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/i Co -Cobalt 1037 ug/I Fe -Iron 1045 ugA Li -Lithium 1132 ug" l Mg -Magnesium 927 Mn-Manganese 1055 ug/I Na-Sodium 929 mg/I Arsenic -Total 1002 ug/I Se -Selenium 1147 ug/l Hg-Mercury 71900 ug/I Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/ Neutral Extractable Organics Acid Extractable Organics Organics (VOA bottle reg'd) Phytoplankton ' Sampling Point % Conductance at 25 C Water Temperature (C) D.O. mgA pH Alkalinity Acidity Air Temperature (C) PH 8.3 pH 4.5 pH 4.5 pH 8.3 2 94 10 300 . 400 1. 82244 431 82243 182242 20 Salinity % Precipition OWday) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity M/H can Stream Depth ft. Stream Width ft 480 45 32 36 1351 1350 35 64 4 DM1/Revised NCDENR :North Carolina Department of Environment and Natural Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director - January 17, 2013 Joan Beck Lynnbrook Estates Homeowners Assoc 43 Lynnbrook Way Columbus, NC 28722 Resources Subject: Renewal Notice NPDES Permit NC0071005 Lynnbrook Estates WWTP Polk County Dear Permittee: John E. Skvarla III Secretary Your NPDES permit expires on July 31, 2013. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state 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. Your renewal package must be sent to the Division postmarked no later than February 1, 2013. Failure to request'renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after July 31, 2013, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. cc: Central Files Ashevill_ a ge—iiiona-l`"Office, Surface Water Protectibn; NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6391 I FAX 919 807-6489 I charles.weaver@ncdenr.gov Sincerely, lwk � 7ECEIVED ,{AN 2 5 2013 Charles H. Weaver, IJr. NPDES Unit DWQ/Surrace Water Protection Section Nne orthCarolina Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper L DES PERMIT NCO071005 L-Y1vi*TBROOK ESTATES WWI— POLK COUNTY The following items are REQUIRED for all renewal packages: ➢ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ➢ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ➢ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). ➢ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging 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.) Send the completed renewal package to: Ms. Lisa Palmer NC DENR / DWQ / Point Source Branch L~- 1617 Mail Service Center J u Raleigh, NC 27699-1617 Rya JAMES & JAMES ENVIRONMENTAL PO BOX 1354, MOUNTAIN HOME, NC 28758 -0065 FAX PERFORMANCE ANNUAL REPORT - 2011 Lynnbrook Estates Mrs. Joan Beck Permit Number: NCO071005 System Description An extended aeration basin with gravity flow influent into a 9,000 gallon treatment facility, clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system is a small facility with extremely low flow. The system runs very well for not having much food. This system had one violation the entire year with regard to BOD-5 Day. There were no repairs needed this year. Violations and corrective actions taken 1. July, 2011 a. BOD-5 Day i. 7/6@>20.0 mg/1 1. We determined that the cause of the violation was due to a problem with the time clock not operating properly. We adjusted the time clock. This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James James & James Environmental Management, Inc. �. �.',:�•:r.•-�uirF°.tip+;ne;c7„r'c:�nvr�i5.rsr±�?^�rs 0 MAR -.5 2012 V PERFORMANCE ANNUAL REPORT - 2011 Lynnbrook Estates Permit Number: NCO071005 Mrs. Joan Beck A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible parry of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers, of this documented system and that those users have been notified of its availability. Thank you, Mrs: Joan Beck Lynnbrook Estates County: POLK Sample ID: AB58951 River Basin 1WAr�9Q PO Number# ARID Report To AROSP =pF Date Received: 05/25/2010 r Time Received:' 15:30 Collector: W FRAZJER p Labworks LoginlD KJIMISON Region: ARO Report Generated: 6/23/10 Sample Matrix: WASTEWATER Date Reported: 06/23/2010 Loc. Type: EFFLUENT Emergency Yes/No COC Yes/No VisitlD / Loc.Descr: LYNNBROOKWWTP Location ID: NCO071005 Collect Date: 05/25/2010 Collect Time: 10:30 Sample Depth CAS # Analyte Name PQL Result/ Units Method Analysis Validated by Qualifier Reference Date Others Sample temperature at receipt by lab 3.4 `C 5126/10 SMATHIS „BOD �-Day in liquid 2 $6 mg/L APHA5210B 5/27/10 MOVERMAN Co,liforin, MF Fecal in liquid 1 � CFU/100ml APHA9222131-20th 5/25/10 CGREEN esidue Suspended In liquid 6.2 6 Z U mg/L APHA2540D-20th 5/26110 CGREEN +Jtk C. • t.'0-.flf;:�'.r'rx.:+ttiaaT�+',.a.n:w�ra..v%..s.;'rc.'^X"ai°rc $ JUN 2 5 2010 �f' T X.WATER QUALITY SECTION E OF ,t ASHEVILLE REGIONAL Laboratory Section 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 For a detailed description of the qualifier codes refer to Aab. staffinfonechassistMata nualtier Cndes <httn�lltxirtaLnrafenr omh:ehNrnraGstaffnfaitechassist> Page 1 of 1 COUNTY U 671/\ RIVER BASIN : ' REPORT TO i AsheVl)l Other : COLLECTOR(S) : Wanda I C D Estimated HOD. Range: Seed: Station #/Location Code ilJc oo y I F�o_5 j i I ON OF WATER QUALM I' NhI � J ZOIO mis Laboratory Report / Water Quality " F� SAMPLE TYPE P ORITY AMBIFdvT ❑ QA STREAM FLUENT O lee WATER QUALITY —i7TIO ASHEVILLE REGIOtvUrE(C� ❑ CHAIN OF CUSTODY LAKE INFLUENT EMERGENCY VISIT ID ESTUARY __::A•...wa._.:.:S'=....mow_...:. ... ;. Station Location: Chlorinated: V Remarks: ' Data egin (ry/mm/dd) Date End (yylmmldd) Time Begin Time End Depth - DM, DB, DBM Value Type -A, H, L IooS/ l4/6 10;3© I SOD 310 mg/L • COD High 340 mg1L COD Low 335 mg/L Coliform: MF Fecal31616 /100m1 Coliform: MF Total31504 /100m1 Coliform: tube Fecal31615 /1001111 Coliform: Fecal Strep 31673 /100m1 Residue: Total 500 mg/L Volatile 505 mg1L Fixed 510 mg/L Residue: Suspended 530 mg/L Volatile S35 mg/L Fixed 540 mg/L PH 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 83 435 mg/L Alkalinity to pH 83 415 mg/L Alkalinity to pH 4.5 410 mg/L TOC 680 mg/L Turbidity 76 NTU Coliform Total Tube /100 ml COMMENTS: Chloride 940 mg/L Chlorophyll a EPA 445.0 modified option ug/L Color: True 80 e.u. Color: (PH) 83 pH= C.U. Color: pH 7.6 82 c_u. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 umhos/cm MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mgfL Sulfide 745 • mg/L Boma Titania & Lignia ug/L Hexavafent Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids mg/L NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd. Cadmium 1027 ug/L Cr-Chromlum:Total1034 ug/L Cu- Capper 1042 ug/L Ni-Nickel 1067 ug/L Pb-Lead 1051 ug/L Za- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 ug/L Al -Aluminum 1105 ug/L ' Be. Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 uglL Mo-Molybdeunm ug/L Sb-Antimony 1191E Sn-Tin ug/L Tl-Thallium ugIL Ti-Titanium ug/L Hg-1631 ng/L q�l Lab Number Date Received: Time Received : Received By : Data Released : Date Reported'. c Composite-T,S,B I Sample Type Li -Lithium 1132 ug/L .Mg- Magnesium 927 mg/L Mn-Manganese 1055 ug/L No- Sodium 929 mg/L Ar3enic:Total1002 ug/L Se- Selenium 1147 ug/L Hg- Mercury 71900 ug/L Ba-Barium ug/L Organochlmine Pesticides Organophospborus Pesticides Organonitrogen Pestleldes Acid Herbicides. ' Base/Neutral&Acid Extract.Orgaaics TPH Diesel Range - Purgeable Organics (VOA bottle req'd) TPH Gasoline Range TPH/BTEX Gasoline Range Phytoplauldon Temperature on arrival CC): rRE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director SURFACE WATER PROTECTION SECTION June 8, 2010 Ms. Joan Beck Lynnbrook Estates Homeowners' Assn. 43 Lynnbrook Way Columbus, NC 28722 Dee Freeman Secretary SUBJECT: Compliance Sampling Inspection Lynnbrook Estates HOA WWTP Permit No: NCO071005 Polk County Dear Ms. Beck: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted, on May 25, 2010.- The facility was -found to be in compliance with permit NC0071005. 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 828-296-4662. Sincerely,. Wanda P. Frazier Environmental Specialist Enclosure cc: Central Files Ashevll le''Files�r���"-�� S:\SWP\Polk\Wastewater\Minors\Lynnbrook Estates 71005\CE1.5-25-10.doc SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE One Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 NOrthCarolina Phone: (828) 296-4500 \ FAX: 828 299-70431 Customer Service: 1-877-623-6748 Natl mlil, l Internet: www.ncwaterguality.or-q 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 U 2 151 31 NCO071005 111 121 10/05/25 117 181GI 191gI 201 -! Remarks 2111111111111111111111111111111111 1111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA----------Reserved--- --- 671 1.0 169 70131 711 I 721 N73I I 174 751 I I I I I I 180 —� W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:10 AM 10/05/25 08/08/01 Lynnbrook Estates WWTP - Exit Time/Date Permit Expiration Date NCSR 1135 Columbus NC 28722 11:00 AM 10/05/25 13/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle Ann Hunter/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ ContactedNo 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 Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ 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 (cont.) 1 3I NC0071005 I11 12I 10/05/25 I17 18ISI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) FACILITY DESCRIPTION: The Lynnbrook Estates, dba: Lynnbrook HOA, WWTP is a class II system consisting of a 0.009 MGD extended aeration package plant with: bar screen; aeration basin with dual blowers providing diffused air; clarifier with return sludge; tablet chlorinator; chlorine contact chamber; and tablet dechlorinator. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 4-16-08 Jim Reid. The permit expires on 7-31-2013. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The daily operator log was present on -site and had good notation of daily events, process control and field testing data. A copy of the current permit was also on -site. TREATMENT UNITS / PROCESS CONTROL TESTING DATA: The activated sludge aeration basin process control data was as follows: Temperature = 19.1 degrees Celsius pH = 6.2 units Dissolved Oxygen = 4.68 mg/I - the timers were set on the lowest settings.. Settleable Solids = 100 ml/I = 10% - There are only 6 homes contributing flow to the WWTP. EFFLUENT: The effluent data was as follows: Dissolved Oxygen = 1.61 mg/I pH = 6.7 units Temperature = 18.7 degrees Celsius Chlorine = <15 ug/I Page # 2 Permit: NCO071005 Owner - Facility: Lynnbrook Estates WWTP Inspection Date: 05/25/2010 Inspection Type: Compliance Sampling OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Ms. Juanita James, ORC contractor, assisted in the inspection. The facility appears to be operated and maintained very well. The WWTP needs to be painted to protect the surfaces against corrosion. The effluent was clear and appeared to be in compliance with permit limits. Effluent samples were taken during the inspection. The results were as follows. BOD = 8.6 mg/I TSS = <6.2 mg/I Fecal coliform = 1 colony / 100 ml SYSTEM PERFORMANCE ANNUAL REPORT: The 2008 System Performance Annual Report was received by the Division on March 4, 2009. The System Performance Annual Report, for 2009, is due no later than 60 days after the end of the reporting period. Note: According to the Clean Water Act of 1999 (House Bill 1160), the legal requirement for submittal of the System Performance Annual Report is as follows: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste, must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment work's and collection system's performance over a 12 month period. Page # 3 Permit: NCO071005 Owner - Facility: Lynnbrook Estates VWVTP Inspection Date: 05/25/2010 Inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? Cl ❑ ■ n Is the facility as described in the permit? ■ 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 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n Cl 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: Rnr Crrannc Yes No NA NE Type of bar screen a.Manual ■ b. Mechanical n Are the bars adequately screening debris? ■ n n ❑ Is the screen free of excessive debris? ■ n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n n Are surface aerators and mixers operational? ❑ n ■ n Are the diffusers operational? ■ n Cl n Is the foam the proper color for the treatment process? ■ n n Does the foam cover less than 25% of the basin's surface? ■ ❑ n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/1) n n ■ Page # 4 Permit: NC0071005 Owner - Facility: Lynnbrook Estates WVVfP' Inspection Date: 05/25/2010 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Comment: The DO was 4.68 mg/I. Secondary Clarifier Yes No NA NE Is -the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ Cl ❑ n Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? n ❑ ■ 11 Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ Cl n Cl Are the tablets the proper size and type? ■ n ,❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ n Is the contact chamber free of growth, or sludge buildup? ■ n ❑ ❑ Is there chlorine residual prior to de -chlorination? ■ n n n Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? n n ■ n Is storage appropriate for cylinders? n n ■ ❑ # Is de -chlorination substance stored away from chlorine containers? n n ■ n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n Page # 5 Permit: NC0071005 Owner - Facility: Lynnbrook Estates WWTP Inspection Date: 05/25/2010 Inspection Type: Compliance Sampling De -chlorination Number of tubes in use? Comment: Yes No NA NE Page # 6 AJA s NCDENR North Carolina Department of Environment and Natural Resources " Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director April 6, 2010 JOAN BECK LYNNBROOK'ESTATES HOMEOWNERS ASSOC 43 LYNNBROOK WAY COLUMBUS NC 28722 SUBJECT: Payment Acknowledgment . Civil.Penalty Assessment Lynnbrook Estates WWTP Permit Number: NCO071005 Case Number: MV-2009-0006 Polk County Dee Freeman Secretary Dear Mrs. Beck: This letter is to acknowledge receipt of check number 878 in the amount of $265.00received from you dated March 31, 2010. This payment satisfies in full the above civil assessment levied against the subject facility, and- -this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. Sincerely, D. Weeden cc:. ' Central Files '��W[OlAs euil le '. eg�onal O�.ffice S; per�r'sor , 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer tF AP P, - 7 2010 .`'�� UP.U�Y SECTION WATEr\ O OFFICE 4r^ r_ rEGIONA q Pc _ ne NorthCarohna ;Virtura!!y AXW 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.12, 2010 - CERTIFIED MAIL RETURN RECEIPT REQUESTED 7009-1680-0002-2464-6272 Ms. Joan Beck Lynbrook Estates HOA 43 Lynbrook Way -Columbus, NC 28711 Subj ect: Request for Remission of Civil, Penalty Lynbrook Estates HOA Wastewater Treatment Plant Case No. MV-2009-0006 . Permit Number NC0071005 Polk County Dear Ms. Beck: In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division of Water Quality considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $265.00. A copy of the Director's decision is attached.. - Two options are available,to you at this stage of the remission process: 1) You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of. Bob Guerra NC DENR-DWQ — Point Source Branch'. NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 Internet: www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer `�. I�l ` MAR 1 $ 2010 l l t i WATER QUALITY SECTION AS ic'?IEEE REGIONAL OFFICE One NorthCarohna ^g aturallty Lynbrook Estates HOA WWTP Case No. MV-2009-0006 Polk County Page 2 of 2 2) You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter.. Send the completed form to: Bob Guerra NC DENR-DWQ — Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will .be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record: Thank you for your cooperation in this matter. If you have any questions, please contact Bob Guerra at (919)807-6387. Sincerely, J.omas Belnick, Supervisor, NPDES Western Program Attachments cc: 8,gger-Edwards�ARO-Super-visor Enforcement File DWQ Central Files STATE OF NORTH CAROLINA COUNTY OF POLK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: LYNBROOK HOA WWTP ENVIRONMENTAL:; _.,,AGEMENT COMMISSION DWQ Case Number MV-2009-0006 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will -require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • _My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. - The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether.anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/etlucs, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as_ an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. ' If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE _IIVISION OF WATER QUALITY, CIVIL PENALTY REMISSION FACTORS Case Number: MV-2009-0006 Region: Asheville County: Polk _ Assessed Entity: Lynnbrook Village - HOA WWTP Permit: -NC0071005 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the, detriment of the petitioner: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: ❑ (c) Whether the violation was inadvertent or a result of an accident: ® (d) Whether the violator had been assessed civil penalties for any previous violations: Facility response: This sampling, oversight was due to a change in the permit requirements. that was received after request due to financial hardship. The owner, contract firm, office personnel and operator all believed this was changed to weekly and made concessions to this. The current permit was not received until months after renewal and the change to 2/week Cl residuals. was. overlooked. We regret this oversight and,have made concessions to fix this problem. We request remission of the penalty due to financial hardship. ARO Response: The operator of the facility for whatever reason just stopped sampling TRC 2XIweek and only did TRC IX/week starting in September 2008 through March 2009. Monitoring for TRC 2X/week was in the permit. NOYs for failure to monitor TRC 2X/week for October 2008 through February 2009 were sent. The penalty assessment was sent for failure to monitor TRC 2X/week for the March 2009 DMR. Remission should not be granted ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions:. DECISION (Check O Request Denied Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑ Partial Remission ❑ $ (Enter Amount) _ / een H. S li / Date JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2009 Lynnbrook Estates Mrs. Joan Beck Permit Number: NCO071005 System Description An extended aeration basin with gravity flow influent into a 9,000 gallon treatment facility, clarifier, sludge holding tank, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system is a small facility with extremely low flow. The system runs very well for not having much food. There were no repairs needed this year. Violations and corrective actions taken none This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James — U James & James Environmental Management, Inc. 2/28/10 ® Y MAR 0 5 2010 DD k MAR 1 6 2010 I i, '? N . WATER QUALITY SECTION ' ASHEVILLE REGIONAL OFFICE MONITORING REPORT(MR) VIOLATIONS for: ReportDate: 03/24/10 Page; 1 of 2 ."'Permit: N60671005 ;,' - `. . MRg Between ,12-2008 ' and '12-2009, Regions % Violation:Category: a/o Program Category: %. Facility Name: % ,-., .. ; .ParamName % - , ; -County; % Subliasin: °lo Violation Action: Major Minor:. PERMIT: NCO071005 FACILITY: Lynnbrook Estates Homeowners Assoc - Lynnbrook COUNTY: Polk REGION: Asheville Estates WWTP Monitoring Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 12 -2008 001 Effluent Chlorine, Total Residual 12/06/08 2 X week ug/I Frequency Violation , Proceed to NOV , 12 -2008 001 Effluent Chlorine, Total Residual 12/13/08 2 X week ug/I Frequency Violation Proceed to Moratorium 12 -2008 ' 001 Effluent Chlorine, Total Residual 12/20/08 2 X week ug/I Frequency Violation Proceed to Moratorium 12 -2008 001 Effluent Chlorine, Total Residual 12/27/08 2 X week ugh Frequency Violation Proceed to NOV 01 -2009 001 Effluent Chlorine, Total Residual 01/03/09 2 X week ug/I Frequency Violation Proceed to NOV 01 -2009 001 Effluent Chlorine, Total Residual 01/10/09 2 X week ug/I Frequency Violation Proceed to NOV 01 -2009 001 Effluent Chlorine, Total Residual 01/17/09 2 X week ug/l Frequency Violation Proceed to NOV 01 -2009 001 Effluent Chlorine, Total Residual 01/24/09 2 X week ug/I Frequency Violation Proceed to NOV 01 -2009 001 Effluent Chlorine, Total Residual 01/31/09 2 X week ug/I Frequency Violation Proceed to NOV 02 -2009 001 Effluent Chlorine, Total Residual 02/07/09 2 X week ug/I Frequency Violation Proceed to NOV " 02 -2009 001 Effluent Chlorine, Total Residual 02/14/09 2 X week ug/I Frequency Violation Proceed to NOV. 02 -2009 001 Effluent Chlorine, Total Residual 02/21/09 2 X week ug/I Frequency Violation Proceed to NOV 02 -2009 001 Effluent Chlorine, Total Residual 02/28/09 2 X week ug/I Frequency Violation Proceed to NOV 03 -2009 001 Effluent Chlorine, Total Residual 03/07/09 2 X week ug/I Frequency Violation Proceed to Enforcement Case 03 -2009 001 Effluent Chlorine, Total Residual 03/14/09 2 X week ug/I Frequency Violation Proceed to Enforcement Case 03 -2009 001 Effluent Chlorine, Total Residual 03/21/09 2 X week ug/I Frequency Violation Proceed to Enforcement Case MONITORING REPORT(MR) VIOLATIONS for: Report Date: 03/24/10 Page: 2 of 2 T "' -,' te-gory.., 0 Permit._' NC0071,005 MRs Between-- 12-�0081­ Airid 1" `12-2009 Program Category % 8ut '-"Violation Adtiont O/o P ni'- Count Facility'Name ara Name: %� ­ . ' ' : y: /o Major Minor: W, - PERMIT: NCO071005 FACILITY: Lyrmbrook Estates Homeowners Assoc - Lynnbrook COUNTY: Polk REGION: Asheville Estates WWTP Monitoring Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 03-2009 001 Effluent Chlorine, Total Residual 03/28/09 2 X week ug/1 Frequency Violation Proceed to I I I Enforcement Casi, 04-2009 001 Effluent Chlorine, Total Residual 04/04/09 2 X week ug/I Frequency Violation - Proceed to NOV 11/11/2009 11:05 82864gP708 HARRY JAMES PAGE 02 )1/11/09 Janet Cantwell 1)WQ 2090 U5 Highway 70 Swannanoa, NC 28778 JAWS & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, .MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX Re: NOV-2009-.LV-0120 Permit No. NCO071005 L ynubrook Estates Dear Ms. Cantwell; The NOV dated 7/20/2009 was received by James & James for review of the missed ClAorine residuals being monitored twice weekly- After an extensive review of our records and an in depth conversation with the representative of Lynnbrook Estates, the following items are true: 1)13otb we and the client distinctly remember receiving correspondence indicating that once per week chlorine residuals were all that was required, and 2) The operator of the facility remembers receiving a copy of this correspondence, and 3) A change was made to accommodate the requirements of this letter, and R) None of us can find a copy of this correspondence. Therefore, since there is no significant change in the operations of the facility, and we do a minimum of twice per week chlorines at all facilities, and we do process control testing upstream of dechlorination, documentation of this data was immediately corrected. We apologize for any inconvenience this may have caused you. Thank you for your understanding in this matter. Thank you, r Harry & Juanita James FF 7-- �-g F_ r M� i NOV 1 1 2009 WATER QUALITY SEC {T 0(d AS'r;_yjLE R_F_GIOf!,Al- OL�ICE th f James & James Environmental Management, Inc. PO Box 1354, Mountain Home, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 July 22, 2009 Janet Cantwell —North Carolina Division of Water Quality- - -- - �- - - - — -� -- 2090 U S Highway 70 Swannanoa, NC 28778 Re: Lynbrook Estates WWTP, Permit Numbert NCO071005 —RUV-2009-MV-0120 Dear Ms. Cantwell, The Dishcarge Monitoring Report for the week of April 4, 2009 failed to document two per week chlorine readings. A letter was received, remembered by both Juanita James and Joan Beck, indicating that weekly chlorine residuals were required. A change was made at the time by our seasoned operator to accommodate the requirement. Unfortunately, neither of us can put our hands on that letter. The operator made the documentation change immediately. Process control monitoring was alread being conducted for chlorine. We apologize for this oversight. The correction has been enforced. If you have additional questions, please contact us. With highest regards, we are Harry & Juamta James James & James Environmental Mgt., Inc. DIE C'. E JUL 2 7 2009 WATER QUAL17'Y ASF{�VI�� SSCTION D VE J U L 2 8 2009 DO WATER QUALITY -SECTION ASHEVILLE REGIONAL OFFICE July 27, 2009 Mr. Roger C. Edwards; Regional Supervisor Surface Water Protection Section North Carolina Dept. of Environment & Natural Resources 2090-US Highway 70 Swannanoa, NC 28778 Re: NOV-2009-MV-0061 Permit No. NCO071005 Dear Mr. Edwards: In late March, 2009 we were notified that we "were incorrectly monitoring our chlorine .residual. I immediately contacted James and James Environmental Services who have handled our community's plant for all the years I have lived at Lynnbrook. They were in contact with your office but apparently the correction did not take place until the second week of April which is reflected by the additional Notice of Violation. I can assure we're doing every thing we can to stay within the regulations and this was a misunderstanding that has been corrected. If I can provide any additional information, please let me know. Sincerely, Joan Beck Treasurer - Lynnbrook Homeowners. Association 43 Lynnbrook Way, Columbus, NC 287-22 828-894-3083 (work) CC: Ms. Janet Cantwell • -6+vv7-VUUO :..:. D�p C Number: MV-2009-4006 r County: Polk 11�� ���"e•.�+.aiaaa�..e.....,.,•P.+d.n��r•��'ust. i1$�s7raPslfR/EIE�GG ��G[l('9`d$P®fl'➢ l E Assessed p ynnbrook Vita a Homeowners Association Permit No.: NC0071005 Amount Assessed: $265.00 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 toconsiderin 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. T438=282:r�issiioa grn=y when -one -or t0_rneraltysvy-be n-_._ -- --- more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, -as to why .the , factor applies (attach additional pages as needed). _ (a) one or more of the civil penalty assessment factors in N.C.G.S: 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent facture 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 ft•om performing the activities necessary to achieve compliance). -- — - - - —�- - -- --- -- --_ — U � c --ice EXPLANATION: —,)Wup�du1'�iC�1t j V kC u i�Xn prn� we �(' Q i e c� C Ca.C'�.m.[��.a i,�`YLO u w k v t-_ OV hec,uaQL h ov-,:�z c�. �� i9ds2 ftl Melt ed� . � >�M LL)& � .i Javr & James Environmental Moro;.: � , �uaeat, Ine. PO 1 354, Mountain Home, NC 287S8 OFT&'x:r, (828) 074WO FAX: (828).697-0065 "T July 22, 2009 Janet Cantwell North Carolina Division of Water Quality 2090 U. S Highway 70 Swannanoa, NC 28778 Re: Lynbrook Estates WWI?, Permit Numbert NCO071005 NOV-2009-MV-0120 Dear Ms. Cantwell, The Dishcarge Monitoring Report for the week of April 4,-2009 famed to document two pex week chlorine reading$. ,A, letter was received, remembered by both Juanita James and Joan Beck, indicating that weekly chlorine residuals were required. A, change was made at the time by our seasoned operator to accamtuodate the regnirenaent. Unfortunately, neither of us can put our hands on that letter. The operator made the documentation change immediately. Process control monitoring was alread being conducted for chlorine. , We apologize for this oversight. The correction -has been enforced. If you have additional questions, please contact us. With highest regards, we axe Harry & Juanita Jaynes r James & James Environmental Mgt.,lnc. ,.e.� ENLE COPY 20 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 20, 2009 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2009-MV-0120 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Ms. Beck: A review of Lynnbrook Estates WWTP's monitoring report for April 2009 showed the following violation: Parameter Date Measuring Frequency Violation Total Residual Chlorine (TRC) , Week of 04/04/2009 Twice 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 workinq 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 Janet Cantwell at 8281296-4500. Sincerely, RogerC.'Edwards, Regional Supervisor Surface Water Protection Section ce: DWQ'�Asheville=Flles DWQ Central Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\Polk\71005 Lynnbrook Estates\71005 NOV-2009-MV-0120.doc WorthCarolina �atctra!!J NorthCarolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 customer Service Internet: www.ncwatercivality.org FAX (828)299-7043 1-877-623-6748 WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary '= June l 1, 2009 James & James Envir. Manag. PO Box 1354 Mountain Home, NC- 28758 Subject: Remission Request of Civil Penalty Assessment Case -Number MV-2009-0006 Lynnbrook Village HOA- WWTP NPDES Permit NCO071005 Dear Mrs. James: This -letter is to acknowledge the receipt and of your request for remission of the civil penalties relating to MV-2009-0006 levied against the subject entity. A copy is being sent to the Asheville Regional Office for input and reco I I I 1 endat 0 - S. our 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 or I can be of further assistance about this matter, please contact me at (919) 807-6387. Sincerely, &ds"tA- Bob Guerra, Western Region NPDES Point Source Branch Cc: Asheville Regional Office . Enforcement file w/originals 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 _ One Phone: 919.807-6387 \ FAX: 919.807-6495 \ Customer Service:1-877-623-6748 North:Carohaa Internet: www.ncwaterquility.org Naturally An Equal Opportunity \ Affirmative Action Employer `. DWQ - CIVEL Ai -- _�SSMENT REMISSION FACTORS CC-JDERATION Case Number: MV-2009-0006 Region: Asheville County: Polk Assessed Entity: Lynbrook Village HOA - WWTP Permit: NCO071005 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Notes: ❑ (c) Whether the violation was inadvertent or a result of an accident: Notes: - -N - (d)- Whethet-the violator had been assessed civil penalties for any previous violations:' Notes: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Notes: DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑ Partial Remission ❑ $ (Enter Amount) Rev. 7/2007 Coleen H. Sullins Date JUST `CATION FOR REMISSION REQI� DWQ Case Number: MV-2009-0006 County: Polk Assessed Party: Lynnbrook Village Homeowners Association Permit. No.: NCO071005 Amount Assessed: $265.00 Please use this form when requesting remission ofthis 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 procedurefor contesting whether the violations) occurred or the accuracy of any of the factual statements contained in the civil.penalty assessment document. Pursuant to MC.G.S. § 14313-282.1(c); remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your _ case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). ; (a) one or more of the civil.penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (Le_ 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 tlie•d UUtp-p ialty., $N- 11 prevent payment for the remaining necessary remedial actions (i.e.-, explain how payment of the JN_ Mpenalty! will prevent you from•performing the activities necessary to achieve comphaiice, EXPLANATION: ��1 tIJ Dv�1Uji �1- t cio d CbcAC ylu�� �a 4kilo. one ! ` ' ,penme�x o. � � ,tea, � �ti�l'w � he�1.-e�r�L.. '� �►-e c�i��e -��. �~�-lw �c h� >J ice- C.La he nil e�o�c�k +hv:3�o- 06/01/2009 15:56 8286969738 HARRY JAMES PAGE 07 JAWS & J.A.MES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAJN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX June 1, 2009 Janet Cantwell North Carolina Division of Water Quality 2090 U S Highway 70 Swwwanoa, NC 28778 Re: Eynabrook )✓states W W TP, permit Number NCO071005 NOV-2009-MV-0061 NOV-2009-MV-0062 NOV-2009-M V-0064 NOV-2009-MV-0067 NOV-2009-MV-0068 Dear Ms. Cantwell, The Discharge Monitoring Report for the month of October, 2008 to February, 2009 failed to document two per week chlorine readings. A letter was received, remembered by both Juanita James and Joan Beck, indicating that weekly chlorine residuals were required. ,A change was made at that time by our seasoned operator to accommodate the requirement. Unfortunately, neither of us can put our hands on that letter. The operator made the documentation change immediately. Process control monitoring was already being conducted for chlorine - We apologize for this oversight, The correction has been enforced. if you have additional questions, please contact us. With highest regards, we are & JL'a q 0- ryulq Harry 8i Juamm James James & James Environmental Mgt., Inc. kA MCDENRENLE COPY North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary May 15, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 0713 9561 Ms. Joan Beek Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 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 NCO071005 Lynnbrook Estates Homeowners Association Lynnbrook Estates WWTP Case No. MV-2009-0006 Polk County Dear Ms. Beck: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $265.00 ($200.00 civil penalty + $65.00 enforcement costs) against Lynnbrook Estates Homeowners Association. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Lynnbrook Estates Homeowners Association for the month .of March 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0071005. The violations which occurred in March 2009 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lynnbrook Estates Homeowners Association violated the terms, conditions or requirements of NPDES Permit NCO071005 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment al?ainst Lynnbrook Estates Homeowners Association: URFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE f One L cation: 2090 U.S. Highway 70, Swannanoa, NC 28778 NorthCarolina e: (828) 296-4500\FAX: 828 2997043\Customer Service: 1-877-623-6748 Naturallff Internet: www.ncwaterguality.org $200.00 For 4 f the 4 failures to properly monitor Totai Residual, Chlorine 2 X/ Week in violation of NPDES Permit No. NC0071005. $200.00 TOTAL CIVIL PENALTY $65.00 Enforcement Costs $265.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any 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 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 143 B-2 82. 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 i OR � 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina '27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely,, r , &�4 Roger C. Edwards, Regional- Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS oc:`DWQ Asheville Fi esw/ attachments---�--. DWQ Central Filles_w/-attachments" Bob Guerra/ DWQ Enforcement Files w/ attachments James & James Environmental/ ORC iv/ attachments GAWPDATA\DEMWQ\P0LK\71005 Lynnbrook Estates\71005 MV-2009-0006.doc JUST. .CATION FOR REMISSION REQ,, _JT DWQ Case Number: MV-2009-0006 County: Polk Assessed Party: Lynnbrook Village Homeowners Association Permit No.: NC0071005 Amount Assessed: $265.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 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 fitture 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 CAROL,, DEPARTI4— rT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF POLK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST LYNNBROOK ESTATES HOMEOWNERS ASSOCIATION PERMIT NO. NCO071005 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2009-0006 Having been assessed civil penalties totaling $265.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 15, 2009, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 520. SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Lynnbrook Estates Homeowners Assoc CASE NUMBER: MV-2009-0006 - PERMIT: NCO071005 FACILITY: Lynnbrook Estates WWTP COUNTY: Polk REGION: Asheville Monitoring Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $50.00 3-2009 001 Effluent CHLORINE 03/07/09 2 X week ug/I Frequency Violation $50.00 3-2009 001 Effluent CHLORINE 03/14/09 2 X week ugA Frequency Violation $50.00 3-2009 001 Effluent CHLORINE 03/21/09 2 X week ug/l Frequency Violation $50.00 3-2009 001 Effluent CHLORINE 03/28/09 2 X week ug/I Frequency Violation NPDES PERMIT NO. FACILITY NAME !6 OPERATOR IN, gpi CERTIFIF,01MOOM CIIECK-;-.AOX.JF;..Oft" Mail ORIGIN 01� AT] DENR-DWQ;'-;.:'.A 1617MAIL Si1y ] 9,\ '�RALEIGH, N6Z16'. — to: EFFLUENT NO. 001 MONTH MARCH CLASS 11 COUN )ANIELLE HUNTER GRADE 11 VIRONMENTAL MGT., INC. - #482 / Lk\\I.o I YEAR 2009 V---F-O—LK — PHONE 828-697-0063 DANIELLE HUNTER 04/23/09 THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS CURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. MEMO 111MIME mommommEwn MEMNIMMEM11 ��MEIIIM 111M FINE ME 111M MOM MUM DEM Form MR-1 (01/00.) Facility Status (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet requirements Compliant Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. NL = NO LIMIT * BOD DATA VALID; BLANK OUT "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." LYNNBROOK HOA Permittee (Please print or type) 4/23/2009 4igc, naturee 6 ermittee** 101 LYNNBROOK WAY, COLUMBUS, NC 28727 828-697-0063 7/31/2008 Permittee Address Phone Number Permit Exp. Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADM[) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00951 Total Flouride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kjeldhal 01027 Cadmium Nitrogen 000630 Nitrate/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosphorous 00720 Cyanide 01037 Total Cobalt 00745 Total Sulfide 01042 Copper 00927 Total Magnesium 00929 Totall Sodium 01045 Iron 00940 Total Chloride 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residue Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may obtained b calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (5) (B). **If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 213.0506 (b) DIVISION OF WA1 i. QUALITY - CIVIL PENALTY ASS ��.�nENT (FILE) Violator: Lynnbrook Estates Homeowners Association/ NCO071005 County: Polk Case Number: MV-2009-0006 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 are detrimental to the receiving stream. 2) The duration and gravity of the violation; Failure to monitor Total Residual Chlorine as required by the permit two times per week. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. 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 the cost of doing the required sampling frequency. 6) Whether the violation was committed willfully or intentionally; This violation could be termed willful since the permit frequency, from the permit dated 2003, was not observed. 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 penalty enforcements in the past year. 8) The cost to the State of the enforcement procedures. $65.00. ate R ge C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office II 09 MAY 6.1-20 May 5, 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Mr. Roger C. Edwards, Regional Supervisor Surface Water Protection Section North Carolina Dept. of Environment & Natural Resources 2090 US,Highway Highway TO Swannanoa, NC 28778 Re: NOV-2009-MV-0061_ Permit No.. NCO071005 Dear Mr. Edwards: I am in receipt of your letter of April 27th regarding the problemswith the, monitoring, of the Chlorine Residual at our Waste Water Treatment Plant. 1, have Contacted James and James Environmental Services who has handled our community's plant for many, -years. 1, was totally confused. They are here consistently checking,on, our small system - 5 days each week- and I have absolute confidence in their service. How could they miss this procedure when every other requirement is in compliance?, I 'am a total novice regarding these measurements but I definitely remember talking with James & James some years ago and we discussed the -fact the measuring requiremeritL had changed due to our limited use of -the plant. I am still looking for any documentation but I'm not sure which report would have contained that information.. I hope this issue can be resolved.We are a very small community = only 6 homes are attached to a system which was designed to service more than 20 or more homes. If I can provide. any. additional information, please let me know, 09 Sincerely, - C.& .�' ?ba n' "Beck90 Treasurer - Lynnbrook Homeowners Assocation el .43 Lynnbrook Way, Columbus, NC 28722 l 7_XC e3 C, - i e Awl CNR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen K. Sullins Dee Freeman Governor Director Secretary April 27, 2009 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2009-MV-0068 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Ms. Beck: A review of Lynnbrook Estates WWTP's monitoring report for February 2009 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 02/07/09 2 X / Week Failure to Monitor Chlorine, Total Residual 02/14/09 2 X / Week Failure to Monitor Chlorine, Total Residual 02/21/09 2 X / Week Failure to Monitor Chlorine, Total Residual 02/28/09 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 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 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 Janet Cantwell or me. at 828/296-4500. cc„�uyRDW ••QAshei�i[��:11e��`�` DWQ Central Files James & James Environmental/ ORC Sincerely, ��pp cpv Roger C. Edwards, Regional Supervisor Surface Water Protection Section G:\WPDATA\DEMWQ\POLK\71005 Lynnbrook Estates\71005 NOV-2009-MV-0068.doc NorthCarolina Admrally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828)299-7043 1-877-623-6748 Beverly Eaves Perdue Governor Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Dear Ms. Beck: e h - A 41 a �, Division of Water Quality Coleen H. Sullins Director April 27, 2009 L Natural Resources Subject: NOTICE OF VIOLATION NOV-2009-MV-0067 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County P V Dee Freeman Secretary A review of Lynnbrook Estates WWTP's monitoring report for January 2009 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 01/03/2009 2 X week Failure to Monitor Chlorine, Total Residual 01/10/2009 2 X week Failure to Monitor Chlorine, Total Residual 01/17/2009 2 X week Failure to Monitor Chlorine, Total Residual 01/24/2009 2 X week Failure to Monitor Chlorine, Total Residual 01/31/2009 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 if 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 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 Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ�Ashe Ile FIle-s DWQ Central Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\POLK\71005 Lynnbrook Estates\71005 NOV-2009-MV-0067.doc NthCarolina Noaturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality.orq FAX (828)299-7043 1-877-623-6748 A, �Sf i I; I NCDENR Er�5P y North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 27, 2009 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2009-MV-0064 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Ms. Beck: A review of Lynnbrook Estates WWTP's monitoring report for December 2008 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 12/06/2008 2 X week Failure to Monitor Chlorine, Total Residual 12/13/2008 2 X week Failure to Monitor Chlorine, Total Residual 12/20/2008 2 X week Failure to Monitor Chlorine, Total Residual 12/27/2008 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 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 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 Janet Cantwell or me at 828/296-4500. Sincerely, `dzv Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville-Eiles VVQ`Central Files � James & James Environmental/ ORC G:\WPDATA\DEMWQ\POLK\71005 Lynnbrook Estates\71005 NOV-2009-MV-0064.doc NorthCarolina Natuwlly 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 4DA AW MCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Dear Ms. Beck: Division of Water Quality Coleen H. Sullins Director April 27, 2009 Natural Resources Subject: NOTICE OF VIOLATION NOV-2009-MV-0062 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dee Freeman Secretary A review of Lynnbrook Estates WWTP's monitoring report for November 2008 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 11/01/08 2 X week Failure to Monitor Chlorine, Total Residual 11/08/08 2 X week Failure to Monitor Chlorine, Total Residual 11/15/08 2 X week Failure to Monitor Chlorine, Total Residual 11/22/08 2 X week Failure to Monitor Chlorine, Total Residual 11/29/08 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 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 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 Janet Cantwell or me at 828/296-4500. cc: cc:.15fi_...A§heV.iIIe-Files DWQ Central Files James & James Environmental/ ORC Sincerely, - v,i e-- Z.-.e.1V_r41te4 Roger C. Edwards, Regional Supervisor Surface Water Protection Section G:\WPDATA\DEMWQ\P0LK\71005 Lynnbrook Estates\71005 NOV-2009-MV-0062.doc One NorthCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 E-FaE con NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 27, 2009 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2009-MV-0061 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Ms. Beck: A review of Lynnbrook Estates WWTP's monitoring report for October 2008 showed the following violations: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 10/04/08 2 X week Failure to Monitor Chlorine, Total Residual 10/11/08 2 X week Failure to Monitor Chlorine, Total Residual 10/18/08 2 X week Failure to Monitor Chlorine, Total Residual 10/25/08 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 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 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 Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: 1wDWQ A-, f eville3FilesD DWQ Central Files James & James Environmental/ ORC G:\WPDATA\DEMWQ\POLK\71005 Lynnbrook Estates\71005 NOV-2009-MV-0061.doc O No"ehCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterguality.org FAX (828)299-7043 1-877-623-6748 J �� JAMES .& JAMES ENVIRONMENTAL. PO BOX 1354, MOUNTAIN HOME, NC 28758 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2008 Lynnbrook Estates Mrs. Joan Beck Permit Numb NC009fT005' System.Description An extended aeration basin with gravity flow influent into a 9,000 gallon treatment facility, clarifier, sludge holding tank, tablet feed chlorinator,. chlorine contact chamber, tablet feed de-chlorina and effluent gravity line. r m b lrL -Ijc fin D Fff fl o� rn Dcn N f n O o� n ol L�---- _Ij n r dt f Performance for 2008 This system is a small facility with extremely low flow. The system runs very well for not having much food. In January, a hole developed in,the diffuser robbing air from the treatment plant. This diffuser was replaced and the facility ran very well the rest of the year. Violations for 2008 and corrective actions taken January 16, 2008 — TSS @ 48.6 mg/1— repaired the diffuser This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has-been made available to,the users or customers of the named system and that those users have been notified of its availability. I also certify that.this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, aw t6k (:)K� uanita James James & James Environmental Management, Inc. 2/20/09 a sl �3 f �C 765 f fie. W.■i^ s `AY �- '{ � F� MAR - 4 2009 DENR - WATER QUALITY POINT SOURCE BRANCH PERFORMANCE..,: REPORT — 2008 Lynnbrook Estates Permit Numben :.INC0071005 Mrs. Joan Beck A copy of the Performance Annual.Report has.already been..filed with the State of North Carolina Division. of Water Quality in triplicate by James & James .Environmental .Management, Inc.. and :should be in your possession at this time. On that report, the certification was stated that I; the responsible party :of this facility, has received.a copy of this report and was directed to give the users knowledge of :this report.,and- access: to it. Therefore: I certify under penalty of law that.this report prepared by James & James - Environmental Management; Inc. is complete and accurate to the best of my knowledge. I further, certify that;this report.has been. made available to. the users or customers of this:documented :system. and that those, users have been notified of its availability. Thank you, - Mrs. Joan Beck Lynnbrook Estates t PERFa°�°-�IANC.E: ANNUAL REPO1�') - 2008 & Lyn brook Estates Mrs. Joan Beck Permit Numbe : N� < rn n, v i t-il u7 r A copy of the Performance Annual -Report has. already been, filed with the � ii o State of North Carolina Division. of Water: Quality in triplicate by James &�M. James .Environmental Management, Inc. -and should be in your possession aft o nj! this time. On .that report, the certification was stated that I, the responsible-' party .of this facility, has received.a copy of this report and was directed to �-- g ve`the users knowledge o this-repofrfand access. to if. - Therefore: - - I certify under penalty of law that. this report.. prepared by James & James Environmental Management, . Inc.: is : complete and accurate to the best of my knowledge. I further certify that .this%report.has been. made available to.the users or zustomers of this:documented:system and that those users have been notified of -its availability. Thank you, Mrs: Joan Beck Lyn.nbrQok.Estates MAR - 4 2009 DENR - WATER QUALITY -- - .-_ - -- -- _ --- -__.__._POINT SOURCE--B ANCH . �.u4k* 16 �P JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 - FAX September 15, 2006 Wanda Frazier DENR . 2090 US Highway 70 Swannanoa, NC 28778 Re: Notice of Violation dated August 29,-200.6-_ , � Permit Nunnber: NC0071005=Lynnbrook Estates NOV-2066-1,V-0415 ` Dear Mrs. Frazier, This letter is in reference to the Notice of Violation received by James & James Environmental on September 5, 2006. The violation was for Lynbrook Estates in regard to the elevated Total Suspended Solids collected on March 31, 2006. One of the residents at that time was conducting a catering business out of their home. This sent a great deal of grease to the WWTP and caused the TSS to elevate. This resident is no longer at Lynnbrook Estates and the other residents is well informed as to the sensitivity of the WWTP. If you have any additional questions, please contact me. Thank you for your attention in this matter. With highest regards, I am Very truly yours,. til �'l L"A Juanita James .. y, • - .. it Accra y:.4 ;rw',.r yd -:�• NOV0 \l. V .2 8 2006 ,. 5 .. WATER QUALITY SECTION `'' ASHEVILLE REGIONAL OFFICE - Copy Michael F. Easley, Governor ^� William G. Ross Jr., Secretary North Carolina Department L_ 'ionment and Natural Resources SURFACE WATER. PROTECTION June 19, 2008 Ms. Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina 28722 Dear Ms. Beck: Coleen H. Sullins, Director Division of WaterrQuality Asheville Regional Office SUBJECT: Compliance Evaluation Inspection Lynnbrook Estates WWTP Permit No: NCO071005 Polk County Enclosed is the Compliance Evaluation Report of the inspection conducted on April 16, 2008 by staff of the Asheville Regional Office. The facility was found to be . in Compliance with permit NC0071005. To prolong longevity of the treatment plant, painting the system's exposed metal surfaces is recommended. As few houses are connected to the system, each homeowner has a large capital interest in protecting the existing equipment. Please refer to the enclosed inspection report for additional observations and comments. If there are questions or matters with which this agency could be of assistance, please call the writer at 828-296-4651. Sincerely, James R Reid Environmental Engineer Enclosure cc: Danielle Ann Hunter, ORC Central Files s e i1le F'r e Nc' hCarotina aturally 2090 U.S. Highway 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. Ep n/'1 Washington, D.C. 20460 r 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 1 5I 31 NCO071005 111 121 08/04/16 117 18LI 19' SI 20U +--' Remarks 211.1111111111111111111111111111111111111111111I116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA--- 67I 1 69 70 U 3 71 U 72I N 73 LU 74 761 I I I 11 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) Lynnbrook Estates WWTP 02:00 PM 08/04/16 05/05/01 Exit Time/Date Permit Expiration Date NCSR 1135 Columbus NC 28722 02:20 PM 08/04/16 08/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle, Ann Hunter/ORC/826-697-0063/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ NO Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Self -Monitoring Program 0 Sludge Handling Disposal Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary)' Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid ARO WQ//828-296-4500 Ext.4651/ % Signature of Management Q A Review Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 t % NPDES yr/mo/day Inspection Type l 3I N600710 I11 12I 08/04/16 I17 18t_' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) 9000 GPD plant installed for a development that never achieved the projected level of habitation. There are 4-6 houses (several of which have one occupant) connected to the VWVfP. Consequently, flow normally runs between a few hundred to 1000 gallons per day. Facility is as well operated as possible under the circumstances. Painting the plant would be recommended. Page # 2 Permit: NCO071005 Owner- Facility: Lynnbrook Estates WWTP Inspection Date: 04/16/2008 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: 9000 GPD plant installed for a development that never achieved the projected level of habitation. There are 4-6 houses (several of which have one occupant) connected to the VWVfP. Consequently, flow normally runs between a few hundred to 1000 gallons per day. Facility is as well operated as possible under the circumstances. Painting the plant would be recommended. 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: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ 110 Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable (low turbulence)?. ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ Cl ❑ Page # 3 Permit: NCO071005 Owner- Facility: Lynnbrook Estates WWTP Inspection Date:, 04/16/2008 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Are surface aerators and mixers operational? ■ ❑ ❑. ❑ Are the diffusers operational? ■ ❑ ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ■ ❑ ❑ ❑ Is the DO level acceptable?(1.0 to 3.0 mg/1) ■ ❑ 110 Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ Cl X ❑ # 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? 1 Comment: Disinfection -Tablet Yes. No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ ; Are the tablets the proper size and type? ■ ❑ ❑ Cl Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Comment: Page # 4 James James Environmental Mgt., Inc. System: Permit Number: Lynnbrook Estates HOA NCO071005 JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC Z8758 OFFICE: (828) 697-0063 FAX: (828) PERFORMANCE ANNUAL R I. General Information Facility/System Name: Responsible Entity: LYNNBROOK ESTATES JOAN BECK Person in Charge/Contact: JOAN BECK Applicable Permit(s): NCO071005 697r-0)069 C I i E QRTMAR 18 2008 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE A copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that I,'the owner of this Entity, has received a copy of this report and was directed to give the users knowledge of the report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge.. I further certify that this report has been made available to the users or customers of the named system and that.those users have been notified of its availability. Respo ible Person. Date Title Entity�,, RECEIVED MAR - 5 2W8 DENR • WATER OUALIIY POINT SOURCE BRANCH James James Environmental Mgi;-Inc. System: Permit Number: Lynnbrook Estates HOA NCO071005 JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO-BOX.1354,,MQUNTAINHOME, NC28758 11�� l� OFFICE:4828) _697-0063 -FAX: (828) 697-0065 MAR 1 1 2008 PERFORMANCE ANNUAL 2007 WATER QUALITY SECTION ASHEVILLE nEGICNl L OFFICE I. General.;lnformation Facility/System,Name: LYNNBROOK.ESTATES Responsible, Entity: JOAR: BECK Person.in-Charge/Contact: JOAN-BECK Applicable-Permit(s): NC0071005. Description of Collection :System -or Treatment Process: This system. is a gravity feed into a diffused .aeration basin with clarifier, sludge holding chlorination tablet feeder, chlorine contact chamber, and de -chlorination. II. Performance Text Summary of System Performance for Calendar Year 2007 This system operated very well in 2007. A diffuser was replaced in the aeration basin. List- (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include -discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. none 111. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. James James.. Environmental M9 .�.'a. System: �—�Permit Number: Lynnbrook,Estates HOA NCO071005 IV. Certification I certify under.penalty•of.law that this :report',is-complete and. accurate to the best of my -.knowledge. I further certify that -.this -report has been made, -available to -the users or customers, of the named system and -that those users have been.notified of its, availability. (please see: below) l certify-.that.,this report has been• given, to -the .Owner of this .Entity with _explicit directionsAo%make, -the..;user:aware ofthe:availability:of this report and the location. with;.which a copy ;can be either viewed :or received. James & James Environmental. -cannot certify that the latter has been completed -and will enclose a letter of certification to be mailed- to the State of North .Carolina on behalf of this Entity,along with:all.pertinent.information regarding this system for the conclusion of this :requirement. Juanita_James/ James & James.Environmental.Management 2120108 Responsible Person Date Title Entity inc. System: James James Environmental MgE ; Lynnbrook. Estates HOA JAMESA.JAMES;;ENVIRONMENTAL MANAGEMENT -PO=BOX 13W IWOUNTAIN HOME, NC 28758 OFFICE::(828),6974.663 FAX: (828):697-0065 PERFORMANCE ANNUAL REPORT 1. General;-lnformation. Facility/System> Name: LYNNBROOK-_ESTATES :Responsible .Entity: JOAN -BECK Person in-Charge/Contact: JOAN -BECK Applcable-P..ermit(s): NC0071:005 Permit Number: NCO071005 A copy of the PERFORMANCE ANNUAL REPORT has already been filed With you..by James & James. Environmental-- Management and should be in your possession at this time. On that report, the:certification was stated that], the owner.of4his:Entity,.has-received a copy, of -this, report.and was -directed to give the usem-knowledge of the report and access -to it. Therefore: 1 certify under:.penaity,of law that this:report prepared by James &.James Environmental Management is complete and -accurate to the best of my knowledge.:I further. certify that this report has been, made available to the users or,customers.of the named system and that those -users have been notified of its availability. Responsible: Person Date Title Entity F warF �Q Michael F. Easley, Governor \Qa QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality �;� ��d'�-�"'�"?�"� fAshe3illo RegionafOf#ice ` _...h�?3�'v�",:zf5.`YPP;u✓�x�FWrto.aw=::1r,�'�._n�*"S_.:„', _; _.: SURFACE WATER.PROTECTION SECTION OCTOBER 23, 2006 Ms. Joan Beck Lynnbrook-Estates Homeowners Assn. 43 Lynnbrook Way Columbus, NC 28722 SUBJECT: Compliance Evaluation Inspection LynnbrookEstates Homeowners Assn. Lynnbrook Estates WWTP Permit No: NCO071005 Polk_ County Dear Ms. Beck: Enclosed please .find a copy of the Compliance Evaluation Inspection form from the inspection conducted on October 12, 2006 by Wanda Frazier of the Asheville Regional'Office. The facility was found to be in Compliance with permit NC0071005. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500 extension 4662. Sincerely, Wanda P. Frazier Environmental Specialist Enclosure cc: James & James, ORC Ash-eville R0=--facility:fil.e�, Central Files NorthCarolina Awara!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877'623-6748 i ry = United States Environmental Protection Agency Form Approved.. . E^ ^ Washington, D.C. 20460 rH OMB No. 2040-0057' Water Compliance Ins ectionAa ort Approval expires 8-31-98 Section A:" National Data System Coding (i.ey, PCS) Transaction Code NPDES yr/mo/day - Inspection Type Inspector Fac Type 1 I NI 2 15I 31, NIC0071005 111 12I 06/10/12 11�7, 181 CI 191 sI . 201 I Remarks �'�I'� ���� II���.:�16 Inspection Work.Days Facility Self -Monitoring Evaluation Rating 131. QA --- Reserved------ - 671 l. 0 169 701 31 7`11 I_I '_ 721 N I 73 W 74 711 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) . 12:15 PM 06/10/12 -05/05/01 , Lynnbrook Estates WWTP Exit Time/Date Permit Expiration Date NC SR 1135 Columbus NC 28722 01:00 PM 06/10/12 08/07/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other. Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ No 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)- Narne(s) and Signature(s)-of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//,828-296=4500 Ext.4662/ Si -ture of Management Q A" Reviewer Agency/Office/Phone and Fax Numbers Date 2's Q EPA Form 356073 (Rev 9-94) Previous editions are obsolete: Page # 1 J k� NPDES ' yr/mo/day Inspection Type (cont.) 1 3I NCO071005 I11 12I 06/10/12 I17 18Icl Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The previous compliance evaluation inspection was conducted on 9-11-06 by Janet Cantwell. Attached is a summary review of the last 12 months of discharge monitoring reports (DMRs) for your facility. This summary shows the monthly average permit limit (except pH which is 6.0-9.0 and fecal coliform which is 200 colonies per 100 ml) and the monthly average calculated value reported for each required parameter. A review of the files indicates that the permit expires July 31, 2008. Please request a permit renewal by February 1, 2008. The Annual Performance Report has been filed for the year. The aeration basin process control data was as follows on the day of the inspection. Dissolved Oxygen = 3.1 mg/1 Temperature = 19.2 degrees Celcius Settleable Solids = 20% pH = 7.1 units The effluent data was as follows on the day of the inspection. Dissolved Oxygen = 4.0 mg/1 Temperature = 18.0 degrees Celcius Chlorine = < 15 ug/1 pH = 7.4 units On -site during the inspection were Harry & Juanita James. The log book was present on -site and had good notation of daily events. The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. The operator is doing a good job. I Page # 2 Permit: NC0071005- Owner'- Facility: Lynnbrook Estates 1NWfP Inspection Date: 10/12/2006 Inspection Type: Compliance Evaluation: Permit Yes No NA NE - (If the present permit expires in 6 months or less). Has the permittee submitted anew application? n n ■ Is the facility as described in the permit? ■ # Arethere any special conditions for the permit? ❑ ■ n .n Is access to the plant site restricted to the general public? ■ ❑ ❑ f7 Is the inspector granted access to all areas for. inspection? ■ , n ❑ Comment: Operations'& Maintenance Yes No NA NE Is the plant generally, clean with acceptable housekeeping? ■ ❑' f7 fl Does the facility analyze process control parameters, for'ex: ML:SS, MCRT, Settleable Solids, pH,.DO, Sludge ■ n n n Judge, and other that are applicable? Comment: PERMIT NUMBER: NCO071005 FACILITY NAME: Lynnbrook Estates Homeowners Assoc - Lynnbrook Estates WWTP CITY: Columbus COUNTY: Polk OUTFALL: 001 EFFLUENT PERIOD ENDING MONTH: 8 - 2006 REGION: Asheville DMR 12 Month Calculated 00010 00310 00400 00530 00610 31616 50050 50060 deg c mg/l su mg/l mg/l #/100ml mgd ug/l Temperature, BOD, 5-Day (20 pH Solids, Total Nitrogen, Coliform, Fecal Flow, in - Chlorine, Total Water Deg. Deg. C) Suspended Ammonia Total MF, M-FC conduit or thru Residual Centigrade (as N) Broth,44.5C treatment plant 30 30 0.009 1 - 06 12.8 5.95 _6 - 7.2 10.85 10.5 1 0.00024 0 30 30 0.009 2-06 10.666667 5.475 6.5 - 7 6.65 0 1.732051 0.000325 0 30 30 0.009 3-06 14 8.75 6 - 7.2 30.4 Violation 0.4 1 0.00025 0 30 30 0.009 4-06 17 7.5 7 - 7.5 17.4 0.1 1 0.00075 0 30 30 0.009 5-06 - 19.5 3.15 6.8 - 7 5.15 0.1 1 0.00028 0 30 30 0.009 6-06 21.2 5.3 6.8 - 7 5.45 0.3 1 0.0002 0 " 30 30 0.009 7-06 22.6 3.655 6.9 - 7.1 2.35 0.1 14.142136 0.00024 0 ;30 30 0.009 8-06 23 1.45 7.1 - 7.2 2.1 0.1 1 0.000225 0 30 30 0.009 9-05 23 4.55 7.3 - 7.4 15.25 0.2 10.099505 0.00022 0 30 30 0.009 10-05 20.6 9.2 6.7 - 7.2 7.2 5.8 4.690416 0.00028 0 30 30 0.009 11 - 05 17.8 - 2.2 6.8 - 7.4 2.05 0 9.165151 0.00025 0 30 30 0.009 12-05 12.75 7.75 6.8 - 7 6.05 0.2 5.477226 0.000275 0 ` Michael,F.;rEasley,, Goyernor. William G. Ross Jr., Secretary North Carolina Department of EnvironmentPKl1mekJE ues rce§' Alan. ector'Division ofer Asheville Regional Office .T SURFACE WATER PROTECTION September 22, 2006 Joan Beck Lynnbrook Estates Homeowners Association 43 Lynnbrook Way Columbus, North Carolina.28722. SUBJECT: Follow Up Compliance Evaluation Inspection Status: Compliant Lynnbrook Estates WWTP Permit No: NCO071005 Polk County Dear Ms. Beck: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on September 11, 2006. The facility appeared to be in compliance with Permit # NC0071005. Danielle Hunter/ORC is doing a good job of operating this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, (--<ranet Ca\1ntwell Environmental Technician Enclosure cc:�-WQ Asheville Files,—W/ attachni ne t WQ Central Files, w/ attachment Danielle Hunter/ORC w/ James & James Environmental, w/ attachment NorthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Washington, D.C. 2o4so EPA Form Approved. OMB No. 2040-0057 Water Compliance inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I51 3I NCO071005 Ill 121 06/09/11 117 t� 18!1r1 19L 20I � t- Remarks 211. I I I 11_ I I 1 1 1 1 I I I I I I I I I I I I •I I I I I I I I I I I I I I I I I I I I I I'16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA --------------- —Reserved----------- 67I 169 701 I 711 I 72I N I 73I 174 751 I I I I I -I 180 �I_1 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) Lynnbrook Estates WWTP 10:36 AM 06/09/11 05/05/01 Exit Time/Date Permit Expiration Date NCSR 1135 Columbus NC 28722 11:15 AM 06/09/11 08/07/31 Names) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Danielle Ann Hunter/ORC/828-697-0063/ Name,.Address of Responsible Officialfritle/Phone and Fax Number Contacted Joan Beck,43 Lynnbrook Way Columbus NC 28722//828-859-6328/ yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Records/Reports Self -Monitoring Program Facility Site Review 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 Janet Cantwell ARO wQ//828-296-4500 Ext.4667/ Sig. of Management Q A Reviewer. Agency/Office/Phone and Fax Numbers Date 4 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NC0071005 I11 12I 06/09/11 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. Danielle Hunter/ORC for James & James Environmental is doing a good job of operating the facility. The facility appears to be in compliance with the permit. Page # 2 Permit: NCO071005 . Owner- Facility: Lynnbrook Estates WWTP Inspection Date: 09/11/2006 Inspection.Typei Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ IN ❑ Is the facility as described in the permit? ■. Q ❑ ❑ # Are there any special conditions for the permit? I] ❑ ■ ❑" Is -access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Oe-rations & 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: 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 complete: do they include all' permit parameters? ■ ,❑ ❑ ❑ . Has the facility submitted its annual' compliance report to users and DWQ? ■ ❑ ❑ ❑ (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each. shift? Cl ❑ IN ❑ 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? IN ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ Page # 3 S I Permit: N00071005 Owner- Facility: Lynnbrook Estates WWTP Inspection Date: 09/11/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ n n Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) fl ❑ ❑ ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ❑ ■ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ Q Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ Is the site free of excessive floating sludge? ■ Is the drive unit operational? ❑ ❑ ■ Is the return rate acceptable (low turbulence)? ■ ❑ ❑ 0 Is the overflow clear of excessive solids/pin floc? ■ ❑ n ❑ Is the sludge blanket level acceptable? (Approximately %< of the sidewall depth) ■ ❑ Q Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Page # 4 Permit: NC0071005 Owner- Facility: Lynnbrook Estates WWTP Inspection Date: 09/11/2006 Inspection Type: Compliance Evaluation Disinfection -Tablet- Yes No NA NE Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ '❑, ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ ■ Comment: De -chlorination Yes No NA NE Type of system ? Tablet . Is the feed ratio proportional to chlorine amount (1, to 1)? ■ ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the -tablets the proper size and type? ■ Cl 0 ❑ Are tablet de -chlorinators operational? ■ ❑ ❑ Number of tubes in use? 1 Comment: Page # 5 �F W A ] icha l F..Easle` 'Uovernor (a lia . Ross TMretary \� (� North Carolina Departmen __of Environ enttil-nqiRturahRe durces r Alan W. Klimek, P.E. Director O Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION August 29, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1374 Ms. Joan Beck Lynnbrook Estates Homeowners Association. 43 Lynnbrook Way Columbus, North Carolina 28722 Subject: NOTICE OF VIOLATION NOV-2006-LV-0415 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Ms. Beck: A review of Lynnbrook Estates WWTP's monitoring report for March 2006 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 03/31/06 30 mg/i 30.4 mg/I Monthly Average 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. AAhCarolina 2-2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone-) 828/299-7043(Fax) Customer Service 877-623-6748 JVlatm1rll1111 2 8/29/06 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 20 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 Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection (cc:_.�WQ-Asheville-Files WQ Central Files WQ Enforcement Files/Bob Guerra James & James Environmental PAT MCCRORY - Water Resources ENVIRONMENTAL QUALITY November 9, 2016 Ms. Joan Beck Lynbrook Estates Homeowners -Association 43 Lynnbrook Way Columbus, NC 28722 Dear Permittee: Governor DONALD R. VAN PER VAART Secretagr S. JAY ZIMMERMAN Subject: Payment Acknowledgement Lynnbrook Estates WWTP Permit Number: NCO071005 Case Number: LV-2016-0165 Polk County Director This letter is to acknowledge receipt of payment in the amount of $112.94 received from you on 11/08//2016. This payment satisfies in full the above civil assessment (s) 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 Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6397. Sincerely, Wren Thedford Wastewater Branch cc: Central Files NPDES sheviile Regional`Office 'State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807-6300 jr NOV 14 2016 y. Water oua ft Regional Operetlona . Asheville Regional Office WaterResources EN VIRONMENTAL.QUALITY October 12, 2016 CERTIFIED MAIL 7010 2780 0003 4825 8148 RETURN RECEIPT REQUESTED Ms. Joan Beck Lynbrook Estates Homeowners Association 43 Lynnbrook Way , Columbus, NC 28722 Dear Ms. Beck: PAT MCCRORY Governor DONALD R. VAN DER VAART i Subject: Remission Request of Civil Penalty Assessment NPDES -Permit NCO071005 Lynnbrook Estates WWTP Polk County Case Number LV-2016-0165 Secretary S. JAY ZIMMERMAN Director In accordance with North Carolina. General Statute 143-215.6A(f), and delegation from the Director of the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Compliance & Expedited Permitting Unit, considered the information you submitted in support of your request for remission and remitted $200.00 of the $312.94 civil penalty assessment. The revised amount due is $112.94, for the investigative costs. A copy of the remission decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Bob Sledge NC DENR-DWR — Wastewater Branch Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 o;RE w NOV —1 2016 Water Ou-'O ty Fleglonal operafions Asheville Renfn—i nee__ State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North, Carolina 27699-1617 919-707-9000 Ms. Joan Beck Lynnbrook Estates LV-2016-0165 Remission Decision p. 2 You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the -completed form to: Bob Sledge NC DENR-DWR — Wastewater Branch Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remission, they may agree with the Division of Water Resources' remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, �- A/ Bob Sledge, Environmental Specialist Compliance & Expedited Permitting Unit - Division of Water Resources Attachments cc: A'shelle=Regional--Office=`DVR/Water_Quality Enforcement File DWR Central Files DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS r Case Number: LV-2016-0165 Region: Asheville County: Polk Assessed Entity: Lynnbrook Estates WWTP Permit: NCO071005 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: t. ® (c) Whether the violation was inadvertent or a result of an accident: The.facility's contract operator stated the area where the WWTP is located experienced heavy rainfall during the overnight of December 28-29, 2016. Flash flooding resulted from the rainfall, which placed the WWTP under 34 feet of water and left it,affected by deposition of sand and debris. Equipment and'electrical components had to be repaired or replaced, and the process took time. The facility was not yet in efficient operating condition in early January 2016, when the samples that resulted in violations were taken. A review of weather records from the area on the referenced date conf rms that the area near the WWTP did experience heavy rainfall and flash flooding. If the facility had been affected by such flooding, it is understandable that it had not returned to optimal performance by early January. Such circumstances are to be reported to the regional office as required by the permit. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility has not been assessed civil penalties during the five years preceding this assessment. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied ❑ Full Remission Partial Remission 19 Retain Enforcement Costs? Yes No ❑ $" (Enter Am E. Hennessy Date rev 1.0 — 8.31.09 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF POLK IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES -AGAINST: LYNNBROOK HOMEOWNERS ASSOCIATION DWR Case Number LV-2016-0165 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at, quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. If you are a corporation partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE JAM[ES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX September 7, 2016 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Lynnbrook Estates WWTP NPDES Permit No. NCO071005 LV-2016-0165 Dear Mr. Davidson, This letter is fi response to the above NOV dated August 25, 2016 and received by James & James on or about September 6, 2016. The violation was for the month of January 2016. This NOV was based solely upon an Act of God. The facility received a torrential rainfall and a flash flood, the end of D,pcember 28, 2015. Tehhefasility went uhder water and uauch sand and debris wasplaced-into_ Ft etFfac_ilityJne water overcomes the facility by some 3-4 feet. Due to this fact, the electrical portion of the f cility had to dry out before the facility could be restarted. Once the facility was accessible, our maintenance assessed the damage and repaired or replaced' the inoperable components. This included the wiring to the panel and cleaning the contactor. The facility continued to trip out and the 40 amp breaker was replaced and the contactor cleaned again. Mike's Septic was contacted, and once the -ground dried enough to get the pump truck back out, he pumped 3600 gallons and brought back in a load of seed. This rain was neither expected nor predicted in advance. The warning was received about 30 minutes before the event occurred from the Weather Service. There were no advanced procedures that we could have performed to have prevented this issue. The owner of the facility was quick to approve any and all necessary repairs to the facility and those repairs occurred as it was safe to proceed. We would appreciate consideration of any assessments. Thank you for your attention to this matter. -'th highest regards, LcliZ.��4 "'.nita James -JUSTIFICATION FOR RENIISSION: REQUEST.. Case Number: LV-2016=0165 County: Polk Assessed Party: Lynnbrook Estates Homeowners Assoc Permit No.: NC0071005 Amount Assessed: $312.94 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 apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.l(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); 1 (c) the violation was inadvertent or a result of an accident (ie., explain why the violation was unavoidable or something you could not prevent.or prepare for); (d) the violator had not been assessed civil penalties fot 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). F�LANATION:, CMG � RECEIVEMCDENViIR SEP 4 9201163 Water Quality P6rMifYincg Section STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) WAWER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMIlNISTRATWE HEARING AND STIPULATION OF FACTS Lynnbrook Estates Homeowners Assoc ) Lynnbrook Estates WWTP ) PERMIT NO. NCO071005 ) CASE NO. LV-n2016-0165 Having been assessed civil penalties totaling 312.94 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 25; 2016 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 Resources 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 .. -4 , L 20 ADDRESS SIGNA R -- ` James &James - Fnvironmentai Management, Inc. P. O. Box 519 - ivivuniuim� !D ffl �j 20758 -t�z— TELEPHONE Certified Mail # 7012 1010 0002 1965 7000 Return Receipt Requested August 25, 2016 Joan Beck Lynnbrook Estates Homeowners Assoc 43 Lynnbrook Way Columbus, NC 28722 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 WW Permit No. NCO071005 Lynnbrook Estates Homeowners Assoc Lynnbrook Estates WWTP Case No. LV-2016-0165 Polk County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $312.94 ($200.00 civil penalty + $112.94 enforcement costs) against Lynnbrook Estates Homeowners Assoc. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Lynnbrook Estates Homeowners Assoc for the month of January 2016. This review has shown the subject facility. to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0071005. The violations, which occurred in January 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Lynnbrook Estates Homeowners Assoc violated the terms, conditions or requirements of NPDES WW Permit No. NCO071005 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 Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson, P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against Lynnbrook Estates Homeowners Assoc: State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00071005, by discharging wastewater into the waters of the State in violation of the Permit Daily Maximum for BOD - Cone. $100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.N00071005, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for FCOLI BR. $0.00 0 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0071005, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Cone. $200.00 TOTAL CIVIL PENALTY $112.94 Enforcement Costs $312.94 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. I (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private properly 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 (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 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 Resources 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 143 B-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 Water Resources 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 thk!y Q 0) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 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 DEQ as follows: Mr. Sam X Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville Regional Office at (828) 296-4667 or via email atjanet.cantwell@ncdenr.gov. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: C'WQS Asheville Regional -Office ---Enforcement File NPDES Compliance/EnforcemenfUnit - Enforcement File James & James Environmental/ ORC (i:FWR�tVQtiPolk\11'astewateri\linors`.Lynnbmok [:states ;10055LV-2016-0165.rd JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2016-0165 Assessed Party: Lynnbrook Estates Homeowners'Assoc Permit No.: NC0071005 County: Polk Amount Assessed: $312.94 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 granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). r (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the . detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF POLK IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) Lynnbrook Estates Homeowners Assoc ) Lynnbrook Estates WWTP ) DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS PERMIT NO. NCO071005 1 CASE NO. LV-2016-0165 Having been assessed civil penalties totaling $312.94 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 25, 2016, 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 Resources 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 FR0107:��T.Y.`� TELEPHONE SIGNATURE 20 ATTACHMENTA Lynnbrook Estates Homeowners Assoc - CASE NUMBER: LV-2016-0165 ' PERMIT: NCO071005 REGION: Asheville FACILITY: Lynnbrook Estates WWTP COUNTY: Polk LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date MonthNr Parameter Frequency Measure Value Value Limit Type Amount 1/7/2016 172016 BOD, 5-Day (20 Deg. 2 X month mg/1 45 57.30 27.3 Daily Maximum $100.00 C) - Concentration Exceeded 1/31/2016 1-2016 BOD, 5-Day (20 Deg. 2 X month mg/1' 30 -- 35.20 17.2, Monthly $0.00 C) - Concentration Average Exceeded 1/7/2016 1-2016 Coliform, Fecal MF, 2 X month #/100ml 400 600 50.0 Daily Maximum $100.00 L MFC Broth, 44.5 C Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Lvnnbrook Estates Homeowners Assoc Facility Name: Lvnnbrook Estates WWTP Permit Number: NCO071005 County: Polk Case Number: LV-2016-0165 ASSESSMENT -FACTORS 1)The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2)The duration and gravity of thewviolation; - One Daily Max BOD exceeded the permit limit by 27.33 %. One Monthly Average exceeded the permit limit by 17.16%. One Daily Max Fecal coliform exceeded the permit limit by 50%. 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 would include the cost of excess solids removal and additional aeration. It would also include more operating and maintenance time on site and the cost of additional chemical treatment. The amount of money saved would include the cost of collection of the additional samples and the cost of analyzing them at a certified lab. 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 enforcements in the twelve months prior to this violation. 8)The cost to the State of the enforcement procedures. $112.94. Date G. Landon Davidson, P.G., Regio Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ' 1, • ' �•� ��� Y NP�C_ S PERMIT NO. N00071005 DISCHARGE NO. 001 MONTH JANUA YEAR 2016 FACILITY NAME LYNNBROOK VILLAGE HOA CLASS 11 COUNTY POLK CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MOL, INC. CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) DANIELLE HUNTER GRADE. II CERTIFICATION NO. 23477 PERSON(S) COLLECTING SAMPLES DANIEiLE HUNTER ORC PHONE 828-697-0063 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FR0 E Mail ORIGINAL and ONE COPY to: Y�! ATTN: CENTRAL FILES X AR 0j 212212016 DIVISION OF WATER QUALITY 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. ®® 1 1 111 1 1 `�� DWQ Form MR•1(11104) ��rot 6 /G Na✓.�°/G -c%o3i��z��G j MAH = O- I'VI iV! 6 0/v l�tl l: V f:.UiD!1GI C70P.�8t'Gf1S € Facility Status: (Please check one of the following) Allmonitoring data and sampling frequencies meet permit requirements X (including weekly averages, if applicable) Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncom t The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.'6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." LYNNBROOK HOA Permittee (Please print or type) Q�' C- 2/22/2016 reofPermi a*** Date d unless submitted electronically) 101 LYNNBROOK WAY, COLUMBUS, NC 28727- - 828-697-0063 7-31-18 Permittee Address Phone Number e-mail address Permit Expiration Date ADDITIONAL CERTIFIED LABORATORIES Certified Laboratory (2) Certification No. Certified Laboratory (3) Certification No. Certified Laboratory (4) Certification No. Certified Laboratory (5) Certification No. PARAMETER CODES Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting h411portal.ncdenr.orgtwebtwgtswpips(npdes(appforms. 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 ofPermittee: 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). JAMES & JAMES• E Are PO BOX 1354, MOUNTAIN HOME, NQ 28758 Lift 01%171 January, 2016 Client: Lynnbrook HOA NPDES PERMIT NUMBER: NC0071005 Dear Client, We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: BOD 57.3 mg/1 on the 7ffi 3 5.2 mg/1 Monthly Average FECAL COLIFORM >600 colonies/100 mis on the 7t' Averaged compliant This gave a daily maximum violation on one day for two parameters and did give a monthly violation. We determined that the cause of the violation was due to the torrential rainfall and flash flood that hit this area. The facility went under water and caused -the control panel to have to dry out before the facility could be restarted. Once restarted, there were several repairs that had to occur to keep the facility operational. The facility was pumped of the sand and debris and a load of seed was brought in. The facility regained compliance. You may receive a monetary fine for this month. Thank you for your understanding in this matter. Thank you for choosing James & James as your service company. C anita James. �-Repbtr -'r-OtherMolati6ns Permit L I5 SOC: AD: Monitoring Repolt NCO07100' Fkflitr,,ynnbrodk Estates WVVTP Region: Gounty.- �shevfflle:' Polr Owner. ILynnbrook Estates Homeowners Assd Maintain I L ncident Inspect. Dt: Facility. R60dited As fffii Compliant ','( Non Compliant C) Not Reported Is signed- RepbYtType:' E§K F-L—ocabon F—*Parameter --Date— -Description 4' ;SOC F—Gmit r'Calcu- F Unit Overt Action 001 Effluent BOD, 5-Day (2-.- 011070016 EJ Daily Maximum -- El 45 57-3 mgIl 27-333— Proceed to NOV ODI Effluent SOD, 5-Day (2-- 0I13112016 R Monthly Average— E] 30 35-15 mgIl 17-166— Proceed to NOV ODI Effluent Coliform, Fer--- OV0712016 El Daily Maximum -- El 400 --600 #1100ml 50 Proceed to NOV Certified Mail # 7012 1010 0002 1965 6140 Return Receipt Requested June 9, 2016 Joan Beck Lynnbrook Estates Homeowners Assoc 43 Lynnbrook Way Columbus, NC 28722 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2016-LV-0317 Permit No. NCO071005 Lynnbrook Estates WWTP Polk County Dear Permittee: A review of the 7anua�2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location. Parameter Date Value. Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 1/7/2016 45 57.3 Daily Maximum Exceeded Concentration (C0310) 001 Effluent. Coliform, Fecal MF, M-FC 1/7/2016 400 600 Daily Maximum Exceeded Broth,44.5C (31616) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2016 30 35.15 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. .Pursuant to G.S. 143-215.6A, 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. State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 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) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Discharge Monitoring Report(s). 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. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. Reminder: Pursuant to Permit Condition 6 in Section. E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. Additionally and if you have not already done so, you may wish to consider registering to use the Division's new e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs). For more information, please visit the eDMR Website at the following address: http://i)ortal.ncdenr.org/web/wg/­admin/bog/­ipu/edmr. 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 ,�Cc -:- _ WQS.-Asheville Regional -Office ---Enforcement File_ _3 NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\VdR\WQ\Palk\Wastewater\Minors\Lynnbrook Estates 71005\NOV-2016-LV•0317.rtf Nort, Carplina Departrne G'ot;E�;ronmental'Qualig,, ' Division",of.Mter. Resources--; _ ` V1/ater Quality^ Regional Operationswection 2090-U.S. HigHvuay''L0 Swannanoa, North Carorifta 28778 J6at Beck ❑ Agent 1;t Addre (Printed Name) C. D to of, Dell ;ry address different from item 12 u Ye, enter delivery address below: 1�No Ly trlbrook Estates. HomedwnerSAssociation .. 43`Girinbrook way 3, . Col*bus, NQ.. 28722•, �I��.� i"J , 3. Illlli fnl III I I l I!� Il lllllllllllllllll Iillll ❑Ad ult Signature It Signature ❑ Adult Signature RestrlctedDelivery 9690 9403 0672 5196 9587 20 Certified Mail® Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Deliv Arfirint M. —h—IT—f—f— —i— rnhon .. .. ..- 7nl2 " 10'10'-' UGH" 1`P65 6 ❑ Priority Mail Express® ❑ Registered MajlTM ❑ Registered Mail Restricts Delivery X��u m Receipt for erchandise ery ❑ Signature Confirrnatlonn ❑ $Ignature Confirmation H�estricted Delivery /� � r 17 A / /— / It A 7, /7 M—..— UNITED STATES y�CCSyf�t1 First -Class Mail gl Postage & Fees Paid -3 � USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+ ® i!A this box* m D� --:.4 c 8 in JANET CANTWELLu NCDEO-DYfR•WOROS i 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 �� J f LLLIII� LT1 PT, 1 1� 11111ilil 111111111111111111111111111111111111 North Garolina_Department of Environmental Quality Division of -Water Resources Water Quality Regional Operations Section 2090 U.S. Highway.70 Swannanoa, North Carolina 28778 Joan Beck Lynnbrook Estates Homners Association 43 Lynnbrook Way Columbus, NC 28722 11�1�1,_r�!I�I�,II"������Il I II�II1l�ll�rll11111111�11'I'lll� ll R I���II I'll ILI I I I I I I I (III I' II'I III'( II II I III 9590 9403 0672 5196 9595 96 q_A­L.-M­...F.,..-? nnf .-fi.ira-nnn.lew_ferwll �a1 ,1a1o, la,op l A9,�51 7. (h_ � , 1")A ❑ Age '�-�L�� dresse( by (PrintedLVamq) C. Date of Deliver) ay address differg0from ite 1? U Ye: enter deliverydress below: p No -Service Type QQ 00,Y �pre�® Adult Signature CS ` e� ed MaIP \Signaturere Res cted Delivery Ffeistered Mali Restrictsl® ' elivery ll Restri ted Deliv Retum Receipt for elivery nn�? \�% Merchandise ellvery Res tedDa I ry ❑ Signature ConfirmatlonTl ❑ Signature ConflI estdc d De de l i (Restricted Delive ASS Pr rmiRR111 K iril onir. DQK1 7Gan_69_nnn_anGa1 31 - ^ AM UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• JANET CANTWELL NCOEO-0WR-WOROS SWANNAN0A N C 28776 USPS TRACKING# I Ill,llll„ ji,llill!11111l, :9590 94(73 0672 5196 9595 98 ' VSVw-cu-yoycUI. yurduda uJI iyaa ugy wuV. VUUG iuei uyd�j -'�VUU U1JUZJ`5C �IbO-A-7-Z 4WZ-110TV +!�.E`C ESSE TOED 06EOSM. ❑ (aa� e�� �(ran!!a4 pa3oulsaa •q Q p ! 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Environment.and Natural Resources Division of Water Quality NCDENR Surface Water Protection Section 2090 U.S. Highway 70, Swannanoa, NC 28778 JOAN BECK LYNNBROOK ESTATES HOMEOWNERS ASSOCIATION 43 LYNNBROOK WAY COLUMBUS NC 28722 _U.j1.1-iililiiili-1111iilill11-1.i1---- M B U Agent �1 Hro s 2 9 N`fileo 3. Service Type Certified Mail ❑ Express Mail ❑ Registered Return Receipt fordN ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ 7007`' `],490 t0d4 id71'31 5_91 ' `i _ - c.m -'tioV9 -Uv o � >Q Fnrm gR11, ,Feh—a,k, 9nnd. Roroini UNITED STATES POSTAL SERVICE • Sender: Please print your name, JANET C4NTWE& NCDEN R �DVIrQ=�y�yif1(P� 2090 U.S�iIGF�WAY.70, First -Class Mail Postag USPSe & Fees. � Pbe�mit No. G-10 'ZIP+Cin this box • O r v 1 1,J1-l1111111111111111111It111,ilIl,Itfl�„lll�lE►if,�all fill