NC0048097_Regional Office Physical File Scan Up To 1/19/2021

State of North Carti" a
Department of ErMkbnment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A: Preston Howard, Jr., P.E., Director
March 22, 1994
NELSON B MILLER
MOUNTAINS UTILITY COMPANY
ROUTE 1
LAKE LURE NC 28746
Dear Mr. Miller:
IV4
EDEHNR
Subject: Expiration of NPDES Permit No. NCO048097
Mountains Utility Company
Rutherford County
The Division of Environmental Management has received information from the
Asheville Regional Office which confirms that the subject permit has expired and the
facility does not discharge to the surface waters of the State of North Carolina. Therefore,
as you requested, NPDES Permit Number NCO048097 is hereby allowed to expire,
effective immediately.
If in the future, you determine that you wish to have a discharge, you must first apply
for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will
subject the discharger to a civil penalty, of up to $10,000 per day.
If there is a need for any additional information or clarification, please do not hesitate
to contact Robert Farmer at [phone], ext. 531.
Sincerely, -
A. Preston Howard, Jr., P.E. .
cc: Mr. Jim Patrick, EPA
Rutherford County. Health Department -
cAsEeville Regional Office
Pe s &`Engineering Umt - Coleen Sullins
Fran McPherson,. DEM Budget Office
Operator Training and Certification .. .
:- Technical Support Branch
Facilities Assessment Unit - Robert Farmer - w/attachments
Central Files - w/attachments
Aquatic: Toxicology Larty Ausley ':
RD. Box-29535- Raleigh;�Ndrth>carolina-27626=0535: Telephone__9:19=733=5083." FAXk919-733=9919 _ - An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

r" 1
State of North Cai'.�__Aa
Department -of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NELSON B. MILLER
MOUNTAINS UTILITY COMPANY
ROUTE 1
LAKE LURE, NC 28746
A
�
I DEHNF=1
February 28, 1994
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. NCO048097
MOUNTAINS UTILITY COMPANY
RUTHERFORD COUNTY
Dear Permittee:
Payment of the required annual administering and compliance
monitoring fee of $300.00 for this year has not been received for the
subject permit. This fee is required by Title 15 North Carolina
Administrative Code 2H .0105, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30_days after being billed, this letter initiates
action to revoke the subject permit, pursuant to 15 NCAC 2H .0105
(b)(2)(k)(4), and G.S. 143-215.1(b)(3).
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health,
Division of Environmental Management
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
and Natural Resources
MAR A 1994
AIR QUALITY
4SHEVILLE OFF=
Telephone [phone] FAX [phone]
50%recycled/ 10%post-consumer paper

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Discharges without.a permit are subject to the enforcement
authority of'the Division of Environmental Management.
If you are dissatisfied'with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific,issues to be
contended. 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, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless such request for
hearing is made or payment is. received, revocation shall be final and.
binding. If you have any questions, please contact:
Mr. Roy.Davis, Asheville Regional Supervisor, [phone].
i cerel ,
A. Preston Howard, Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit.
Asheville Regional Office
County Health Department
}
\

CERTIFICATION OF PERMIT INACTIVATION
FACILITY NAME
PERMIT . NO.
tJ(-
q 7
-�
REGIONAL OFFICE jJlZU
COUNTY r
I CERTIFY THAT I HAVE CONFIRMED BY
{� PERSONAL KNOWLEDGE
{ } SITE VISIT
THAT THIS FACILITY NO LONGER NEEDS THE ABOVE
REFERENCED PERMIT , BECAUSE THE FACILITY WAS
{ } NEVER CONSTRUCTED { } OTHER (PLEASE SPECIFY)
{ ABANDONED
- THIS PERMIT SHOULD BE DELETED FROM THE, PERMIT
TRACKING SYSTEM AND THE DIVISION BILLING SYSTEM
AND IF NECESSARY INACTIVATED ON THE COMPLIANCE
MONITORING SYSTEM,---�
(-' 1VTTFTER'C �,T n I\4r
DATE

State of North Cc' na
epartment of EnvironmenT,*' ",
Health and Natural Resourd4s
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.-Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NELSON B. MILLER
MOUNTAINS UTILITY COMPANY
ROUTE 1
LAKE LURE, NC 28746
Q
January 24, 1994
n�
l
JAN2619%
SUBJECT: NOTICE OF VIOLATION AND REVOCATION FOR NON-PAYMENT
NPDES PERMIT NO. NCO048097
MOUNTAINS UTILITY COMPANY
RUTHERFORD COUNTY
Dear Permittee:
�f
Payment of the required annual administering and compliance
monitoring fee of $300.00 for this year has not been received for the
subject permit. This fee is required by Title 15 North Carolina
Administrative Code 2H .0105, under the authority of North Carolina
General Statutes 143-215.3(a)(1), (la) and (lb). Because this fee was
not fully paid within 30 days after being billed, this letter initiates
action to revoke the subject permit, pursuant to 15 NCAC 2H .0105
(b)(2)(k)(4), and G.S. 143-215.1(b)(3).
i
Effective 60 days from receipt of this notice, subject permit is
hereby revoked unless the required Annual Administering and Compliance
Monitoring Fee is received within that time. Your payment should be
sent to:
N.C. Department of Environment, Health, and Natural Resources
Division of Environmental Management k
Budget Office
P.O. Box 29535
Raleigh, NC 27626-0535
P.O. Box 29535, Raleigh, North Carolin '227 ;26-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% fecycled/ 10% post -consumer paper

Discharges without a permit are subject to the enforcement
authority of the Division of Environmental Management.
If you are dissatisfied with this decision, you have the right to
request an administrative hearing within thirty (30) days following
receipt of this Notice, identifying the specific issues to be
contended. 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, Post Office Drawer
27447, Raleigh, North Carolina, 27611-7447. Unless, -such request for
hearing is.made or payment is received, revocation shall be final and
binding. If you have any questions, please contact:
Mr. Roy Davis, Asheville Regional Supervisor, [phone].
S' cerely,
A. Preston Howar Jr.
cc: Supervisor, Water Quality Permits and Engineering Unit
Asheville Regional Office
County Health Department
9
P
4

_„is - State of North Ca na
Department of Environment,
r` Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
J
A 1 4
�EHNR
WATER QUALITY SECTION
July 14, •1993
Mr. Nelson Miller
Fairfield Mountains
Route 1
Lake Lure, North Carolina 28746
Subject: Compliance Evaluation Inspection
`Status: In Compliance
Fairfield Mountains
Wastewater Treatment Facility
NPDES Permit Number NCO048097
Rutherford County
Dear Mr. Miller:
Please find attached a report o the June 22, 1993 inspection of
the package wastewater treatment facilities which Fairfield Mountains
maintains under NPDES Wastewater Discharge Permit Number NC0048097. At
the time of the inspection, the facilities were not being operated, and
according to current information, there are no plans to reactivate the
facilities in the foreseeable future.
Thank you for your attention. Please contact me if there are
questions or a need for assistance with matters related to wastewater
treatment.
Enclosure
Sincerely,
James R. Reid
Environmental Chemist
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal opportunity Affirmative Action Employer

EPA ,-4•
United Sues Environmental. Pr.ot:ecl_.i.on Agency
Washington, D.C. / !
Iv`fVES Compliance Inspection Report''-/
Formed Approved
OMB No.2040-0003
Approval Exp.7/31/85
Section A: National Data Data System Coding
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
IINI 2151 3INCO048097 Ill 121930622 1.1.7 181CI 19ISI 20121
Remarks
21I_I_1-1-I-i-I-i-I-I-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-1-1-I=I-1-1-1-1_166
Reserved Facility Evaluation Rating BI QA------------ Reserved-----------
71-1-1-169 70131 71INI 72INI 73I_I_I74 751-1-1-1-1-1_180
Section B: Facility Data
Name and Location of Facility Inspected
Fairfield Mountains (Mountains Utility Co)
NCSR 1314
Lake Lure, NC 28746
Name(s) of On -Site Representatives(s)
No one on -site
Name,Address of Responsible Official
Nelson Miller
Rt 1
Lake Lure, NC
Entry Time( )am(x)pm
2: 15
Exit Time/Date
2: 30
Title(s)-
Title
Manager.
Permit Effective Date
881101
Permit Expires/Date
930630
Phone No(s)
28746 I Phone No. 704-625-9111 (Contact
Section C: Areas Evaluated During Inspection
(S=Satisfactory, M=Marginal, U=Unsatisfacto-ry, N=Not Evaluated)
Yes_No_X_
_S_
Permit
_N_
F'low Measurement
_N_
Pretreatment
& Main.
_N_
Records & Reports
I
_N_
Laboratory
_N_
Compliance Sch.
IS
I_N_10peration
_N_
Sludge Disposal
_S_
Facility Site Rev.
_S_
Eff/Receiving Waters
_N_
el, f -Monitoring
Other:
Section D: Summary of Findings /Comments (Attach nddi.tional sheets if necessary)
Facility has not been operated since prior to August 16, 1989. The company maintains the
permit in case capacity for a new project is required nt: n time when the Town of Lake Lure
would be unable to provide service. Existing equipment: Is badly deteriorated and would
require extensive renovation or replacement prior to resumption of operation.
Name(s) & Signa e(s) of Inspecto s)
James R. Reid
Signa of Reviewer
,,
Regu:
Agency/Office/To.1Fphone
NC-DEHNR/AR0/704--251-6208
Agency/Office/Tel.ephone
NC-DEHNR/ARO/704-251-6208
latory Office Use Only
Action Taken , I Date
Date
(2,&, /V / S 5 3
Date
Compliance Status
I—INoncomp. IXIComp.

NELSON B. MILLER
MOUNTAINS UTILITY COMPANY
ROUTE 1
LAKE LURE, NC 28746
Dear Permittee:
U NOV 2 31992
a' WATER ppUALITY SECTION
ASH ILL REGIONAL OFFICE .
November 19 1992 DZ '
111�-lk CC) ,
Subject: NPDES PERMIT NO. NCO048097
RUTHERFORD COUNTY
The subject permit issued on 10/31/88 expires on 8/31/93. North
Carolina General Statute (NCGS).143-215.1(c) requires that an
application for permit renewal be filed at least 180 days prior to the
expiration date. As of the date of this letter, the Division of
Environmental Management had not received an application for renewal.
If operation of a discharge or waste treatment facilityis to occur
after the permit's expiration date, or if continuation of the permit is
desired, it must not be allowed to expire. A renewal request must be
submitted no later than 180 days prior to the permit's expiration date.
Operation of the waste treatment works or continuation of a discharge
after the expiration date would constitute a violation of NCGS 143-215.1
and could result in assessment of civil penalties of up to $10,000 per
day. If continuation of the permit is desired, failure to request
renewal at least 180 days prior to expiration will result in a civil
assessment of at least $250.00; larger penalties may be assessed
depending upon the delinquency of the request.
A renewal application shall consist of the.following information:
1. A letter requesting the renewal.
2. The completed application form (copy attached), signed and
submitted in triplicate, referenced in Title 15 of North Carolina
Administrative Code (15A NCAC) Subchapter 2H .0105(a).
3. A processing fee (see attached schedule) in accordance with 15A
NCAC 2H .0105(b). The application processing fee is based on the
design or permitted flow, whichever is appropriate, listed in the
first categories of facilities.
4. Primary industries listed in Appendix A of Title 40 of the
Code of Federal Regulations, Part 122 shall also submit a
priority pollutant analysis in accordance with Part 122.21.

r
5. Facilities which have not been constructed within the last
permit cycle and are therefore, considered "new" facilities,
shall also submit an Engineering Alternatives Analysis,
referenced in 15A NCAC Subchapter 2H .0103 and Subchapter
2B .0201(c).
6. If the facility covered by this permit contains some type of
treatment works, a narrative description of the sludge management
plan must be submitted with the application for the renewal.
In addition to penalities referenced above, a permit renewal
request received after the expiration date will be considered as
a new application and will require the higher application fee.
15A NCAC 2H .0105(b)(2) requires payment of an annual
Administrative and Compliance Monitoring fee for most permitted
facilities. You will be billed separately for that fee (if
applicable), after your permit is approved.
The letter requesting renewal, the completed Permit application,
and appropriate fee should be sent.to:
Permits and Engineering Unit
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
The check should be made payable to the North Carolina Department of
Environment, Health, and Natural Resources which may be abbreviated as
DEHNR.
If there are questions or a need for additional information
regarding the permit renewal procedure, please contact me or any
individual in the NPDES Group at telephone number [phone].
Sincerely,
Original Signed Ely
Coleen H. Sullins
Coleen Sullins, P.E.
Supervisor, NPDES Permits Group
cc: ev ag �f
Permits and Engineering Unit
Central Files

"� d fi SrATF o '
V
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street *-Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. Nelson B. Miller
Rt. 1
Lake Lure, NC 28746
Dear Mr. Miller:
October 313 1988
Subject: Permit No. NCO048097
Mountains Utility Company
Rutherford County
R. Paul Wilms
Director
In accordance with your application for discharge permit received on March 29,
1988, we are forwarding herewith the subject State - NPDES 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 US Environmental Protection
Agency dated December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in
this permit are unacceptable to you, you may request a waiver or modification pursuant
to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the
specific issues to be contended. Unless such request is made within 30 days following
receipt of this permit, this permit shall be final and binding. Should your request
be denied, you will have the right to request an adjudicatory hearing.
Please take notice that this permit is not transferable. Part II, D.3.
addresses the requirements to be followed in case of change in ownership or control of
this discharge.
This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Environmental Management or permits required
by the Division of Land Resources, Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Ms. Lula
Harris telephone number 919/733-5083.
Sincere ly, 0dg1W :Si&ned. By
ARTNUR 'MOUSERRY RECEIVED
rot.
R. Paul Wilms Water Quality Section
cc: Mr. Jim Patrick, EPA
Ashwv64 e_ nal' nal Offiqp NOV 3 — 1988
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] AAsheville, North Carolina
Regional Office
An Equal Opportunity Affirmative Action Employer

Permit No. NCO048097
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
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,
Mountains Utility Company
is hereby authorized to discharge wastewater from a facility located at
NCSR 1314
Rutherford County
to receiving waters designated as Buffalo Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, and III hereof.
This permit shall become effective November 1, 1988.
This permit and the authorization to discharge shall expire at midnight on
September 30, 1993.
Signed this day October 31, 1988.
JT"14gUi"n"'
Signed.8y
For:.tW0Y
R. Paul Wilms, Director
Division of Environmental Management
By Authority of the Environmental Management Commission

A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final Winter (Nov. 1 - March 31) NPDES No. NCO048097
During the period beginning on the effective date of the Permit and lasting until expiration, the
Permittee is authorized'to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited
and monitored by the Permittee as specified below:
Effluent Characteristics Discharge Limitations
Lbs/day Other Units (:Specify)
Monthly Avg. Weekly Avg. Monthly Avg. We Avg.
Flow
BOD, 5Day, 20 Degrees C
Total Suspended Residue
NH3 as N
Dissolved Oxygen (minimum)
Fecal Coliform .(geometric mean)
Total Residual -Chlorine
Temperature
.Conductivity
M3
0.04 MGD
25.0'mg/l
37.5 mg/l
30.0 mg/1
45.0 mg/l
4.0 mg/1
6.0 mg/1
1000.0/100 ml
2000.0/100 ml
15.0 ug/1
22.5 ug/l
Monitoring
Requirements
Measurement
Sample
Sample
Frequency
TYPe"
Location
Continuous
Recording
I
or E
2/month
Composite
E
2/month
Composite
E
2/month
Composite
E
Weekly
Grab
E,
U, D
2/month
Grab
E,
U, D
Daily
Grab
E
Weekly
Grab
E,
U, D
Weekly
Grab
U,
D
Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet of discharge,
D - Downstream 0.32 mile at mouth of Buffalo Creek.
The pH shall not be"less than 6.0 standard units nor greater than 9.0 standard units and shall be
monitored 2/month at the effluent by grab sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No. NC0048097
SUPPLEMENT TO PERMIT COVER SHEET
Mountains Utility Company
is hereby authorized to:
1. Continue to operate a 0.04 MGD extended aeration type wastewater treatment
facility located on NCSR 1314 in Rutherford County (See Part III of this
Permit), and
2. Discharge from said treatment works into BuffaloCreek which is classified
Class "C - Trout" waters in the Broad River Basin.

A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final Summer (Apr. 1-
Oct. 31) NPDES
No. NCO048097
During the period beginning on the effective date'
of the Permit
and lasting
until expiration, the
Permittee is authorized
to discharge from outfall(s) serial number(s)
001. Such discharges shall
be limited
and monitored by the Permittee as specified below:
Effluent Characteristics
Discharge Limitations
Monitoring
Requirements
Lbs da Other Units
(Specify)
Measurement
Sample Sample
Monthly
Avg. Weekly Avg. Monthly Avg.
Weekly Avg.
Frequency
Type Location
Flow
0.04 MGD
Continuous
Recording
I or E \
BOD, 5Day, 20 Degrees C
12.5 mg/l
18.8 mg/l
2/month
Composite
E
Total Suspended Residue
30.0 mg/1
45.0 mg/l
2/month
Composite
E
NH3 as N
2.0 mg/1
3.0 mg/l
2/month
Composite
E
Dissolved Oxygen (minimum)
5.0 mg/l
5.0 mg/l
Weekly
Grab
E, U, D
Fecal Coliform (geometric mean)
1000.0/100 ml 2000.0/100 ml
2/month
Grab
E, U, D
Total Residual Chlorine
15.0 ug/l
22.5 ug/l
Daily
Grab
E
Temperature -
Weekly
Grab
E, U, D
Conductivity
Weekly
Grab
U, D
* Sample locations: E - Effluent, I - Influent, U - Upstream 100 feet of discharge,
D - Downstream 0.32 mile at mouth of Buffalo Creek.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be
monitored 2/month at the effluent by grab sample.
There shall be no discharge'of floating solids or visible foam in other than trace amounts.
M3

Part I
B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for
discharges in accordance with the following scbedule.:
Permittee shall comply with Final Effluent Limitations by the effective
date of the permit.
2. Permi.tt:e.e shall at all 'tiffle.S provide the operation and maintenance
necessary to operate the existing facilities at: optiimvil efficiency.
3. No later than 14 calendar days following a date. .identified in the above
schedule of compliance, the permittee shall submit either a report of
progress or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken, .and the probability -of meeting the next schedule
requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. 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 r.eissuance,
or modification; or for denial of a permit rtmnewal application.
2. Penalties for Violations of Permit. Conditions
Any person who violates a pei.mit: coyidition is subject to a civil penalty not
to exceed $3.0,000 per day of such violation. Any person who willfully or
negligently violates a permit condition is guilty of a misdemeanor punishable
by a. fine not to exceed $15,000 per day of -violation, or by imprisonment
not to exceed six months or both.
3. Dut�to Mitigate
The permittee shall take all reasonable steps to minimize any adverse impact
to navigable waters resulting from noncompliance with any effluent limitations
specified in this permit, including accelerated or additional monitoring as
necessary to determine the nature and impact of the noncomplying discharge.
4. Permit Modification
After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b)
(2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended,
or revoked in whole or in part during its term for cause including, but not
1.1mi.tod to, the following:
a. `Jiol.ation of any terms or ccnditions of tb.i.s permit;
b. Obtaining th.i_s, permit by misrepresentation or failure to disclose fully
all relevant facts;
C. A change in any condition that requires either a temporary or permanent
reduction or elimination of the authorized discharge; or
d. Information newly acquired by the Division indicating the discharge poses
a threat to human health or welfare.
If the permittee believes that any past or planned activity would be cause for
modification or revocation and reissuance, the permittee must report such
information to the Permit Issuing Authority. The submittal of a new application

Part IJ
Page 2 of 14
may be required of the permittee. 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 noncompl..i.ar.ces, does not stay
any permit condition.
5. Toxic Pollutants
Notwithstanding Part II, A-4 above, if a toxic effluent: standard or prohibition
( including an; sch.edul e of CCiTIp1i..:311Ce specified in sues of fl.,,etit: star.,da.rd or
prohibition.) is established under Section. 307(a) of the Act for a toxic
pollutant which is present in the discharge, if such standard or prohibition
is more stringent than any limitation for such pollutant in this permit., this
permit shall be revised or modified in accordance with thc-� toxic effluent
standard prohibition and the permittee so notified.
The permittee shall comply wi.th' effluent standards or prohibitions established
under Section 307(a) of the Clean Water Act for toxic pollutants within. the
time provided in the regulations that establish those standtirds or prohibitions,
even if the ps:rmit has not yet been modified to incorporate. the requirement.
6. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part .11, B-3) and
"Power Failures" (Part II, B-6), nothing in this permit shall by construed
to relieve thepermittee from any responsibilities, li.abi_litjes, or penalties
for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the
Federal Act, 33 USC 131.9. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility
for effective compliance may be temporarily suspended.
7. Oil aad ilazar.d-us Substance Liability
Nothing ir. O.tis pe.rnit. sb.a.l.l. lose constl:tted LO p:reclttde ti» inst.1t•ution o-F auy
legal actlom or relieve.. the permittee from any r.espottsib.i.lities, liabilities.,
or penalties to vAlich the permittee is or may be subject to under NCGS
143-21.5.75 at seq. or Section 311 of the Federal Act-, 33 USC 1321. Furthermore,
the permittee is responsible for consequential damages, such as fish kills,
even though the responsibility for effective compliance may be temporarily
suspended.
8. Property Rights
The issuance of this permit does not coney any proper L-y rights in si th.er .real
or personal property, or any exclusive privileges, rAor 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.

Part II
Page 3 of 14
9. Onshore of 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.
10. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision of this permit to any circumstances,
is held invalid, the appl.icat.-Lon of such prevision to other circumstances, and
the remainder of this permit, shall not be. affected thereby.
11. Dut, to Provide Information
'.The permittee shall furnish to the Permit: Issuing Author-ity, within a reason-
able time, any information which the Permit Issuing Anthor.ity may request
to determine whether_ cause exists for modifying, revok:i-ng and reissuing,
or terminating this permit orto determine compliance with this permit. The
permittee shall also furnish to the Permit Issuing Anthor..it:y upon request,
copies of records required to be kept by this permit:.
SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1.. Proper Operation and Maintenance
The permittee shall at all times maintain in good working order and operate
as efficiently as possible all treatment or control facilities or systems
installed or used by the permittee to achieve compliance with the terms
and conditions of this permit.
2. 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.
3. Dypassing
Any diversion from or bypass of facilities is prohibited, except (i) where
unavoidable to prevent loss of life or severe property damage, or (ii)
where excessive storm drainage or runoff would damage. any facilities
necessary for compliance with the effluent limitations and prohibitions of this
permit. All permittees who have such sewer bypasses or overflows of this
discharge shall submit, not .later than six months from the date of issuance
of this permit, detailed data or engineering estimate,, Which identify:
a. The location of each sewer system bypass or overflow;
b. The .Frequency, duration and quarit-it.y of flow from., each sewer system
l)-v—ass e). or ovf low.

Part II
Page 4 of 14
This requirement is waived where infiltration/inflow analyses are scheduled
to be performed as part of an Environmental Protection Agency facilities
planning project.
The permittee shall report by telephone to either the central office' or
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 division from or
bypass of facilities.
4. Upsets
"Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations
because of factors beyond the reasonable control of the permittee. An upset
does not include noncompliance to the extent caused by operational error,
improperly designed, treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. An upset
constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit limitation if the requirements of 40 CFR S
122.41(n)(3) are met.
5. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be 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.
6. Power Failures
The permittee is responsible for maintaining adequate safeguards as required
by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 211,
.0124 Reliability, to prevent the discharge of untreated or inadequately treated
wastes during electrical power failures either by means of alternate power
sources, standby generators or retention of inadequately treated effluent.
SECTION C. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be '
characteristic of the volume and nature of the permitted discharge. Samples
collected at a frequency less than daily shall be taken on -a day and time that
is characteristic of the discharge over the entire period which the sample
represents. All samples shall be taken at the monitoring points specified in
this permit and, unless otherwise specified , before the effluent joins or is
diluted by any other wastestream, body of water, or substance. -Monitoring points
shall not be changed without notification to and the approval of the,Permit
Issuing Authority.

Part II
Page 5 of 14
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for
each month and reported on a monthly Discharge Monitoring Report (DMR) Form
(DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM,
postmarked no later than the 30th day following the completed reporting period.
The first DMR is due on -the last day of the month following the issuance of the.
permit or in the case of a new facil.ity, on the last day of the month following
the commencement of discharge. Duplicate. signed copies of these, and all. other
reports required herein, shall be submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611
3 Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to insure the accuracy and
reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to insure that the
accuracy of the measurements are consistent with the accepted capability of
that type of device. Devices selected shall be capable of measuring flows
with a maximum deviation of less than + 10% from the true discharge rates
throughout the range of expected discharge volumes. Once -through condenser
cooling water flow which is monitored by pump logs, or pump hour meters as
specified in Part I of this permit and based on the manufacturer's pump
curves shall not be subject to this requirement.
4, Test Procedures
Test procedures for the analysis of pollutants shall confo.rin 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
Regulation 40 CFR 136.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders inaccurate, any monitoring device or method required to be
maintained under this permit shall, upon convict.i.on, by punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than
six months per violation, or by both.

Part II
Page 6 of 14
6. Records Retention
All records and information resulting from.the monitoring activities required by
this permit including all records of analyses performed and calibration and
maintenance of instrumentation and recordings from continuous monitoring
instrumentation shall be retained for a minimum of three (3) years by the
permittee. Thisperiod of retention shall be extended during the course
of any unresolved litigation or if requested by the Division of Environmental
Management or the Regional Administrator of the Environmental Protection Agency.
7. Recbrding_Resul.ts
For each measurement or sample taken pursuant to the regW.rements of this
permit, the permit -tee shall record the following in:fcrmaL-[on:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
C. The person(s) who performed the analyses; and
d. The results of such analyses.
8. Right of Entry_
The permittee shall. allow the Director of the Division of Environmental
Management, the Regional Administrator, and/or their authorized representatives,
upon the presentations of credentials:
a. To enter upon the permittee's premises where an effluent source is located
or in which any records are required to be kept -under the terms end
conditions of this permit; and
b. At ri-asona}Ile times tJ ha%ie access to and copy r3iy reco..rds required to be
kept under the terms and conditions of this permit.; to inspect any
monitoring equipmen..- or moiiito.ri_ng method required in this permit; and
to sample any discharge of pollutants.
SECTION D. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent o7ith the terms and
conditions of this permit. The discharge of any pollutant :ident.ified in
this permit more frequently than or at a level in excess of that authorized
shall constitute a violation of the permit. Any anticipated facility
expansions, production increases, or process modifications which will result

2.
3
4.
5
M
Part II
Page 7 of 14
in new, different, or increased discharges of pollutants must be reported by
submission of a new NPDES application or, if such changes will not violate
the effluent limitations specified in this permit, by notice to the DEM of
such changes. Following such notice, the permit may be modified to specify
and limit any pollutants not previously limited.
Anticipated Noncompliance
The permittee shall give notice to the Permit Issuing*Ai3thority of any planned
change in the permitted facility or activity which may result in noncompliance
with permit requirements. Any maintenance cf facilities, which might
necessitate unavoidable interruption of operation and degradation of effluent
quality, shall be scheduled during noncritical water quality periods and carried
out in a manner approved by the Permit Issuing Authority.
Transfer of Ownership or_Control
This permit is not transferable. In the event of any change in name, control
or ownership of facilities from which the authorized discharge emanates or is
contemplated, the permittee shall notify the prospective owner or controller by
letter of the existence of this permit and of the ne^d to obtain a permit in the
name of the prospective owner. A copy of the letter shall. be forwarded to the
Division of Environmental Management.
Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein
more frequently than required by this permit, using approved analytical methods
as specified above, the results of such monitoring shall be included in the
calculation and reporting of the values is required in the DMR. Such increased
frequency shall also be indicated. The DEM may require more frequent monitoring
or the monitoring of other pollutants not required in this permit by written
notification.
Aver aging_o:f Measurements
Calculations for limitations which
utilize an arithmetic mean unless
Authority in the permit.
Noncompliance Notification
.require averaging of measurements shall
otherwise specified by the Permit Issuing
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:

7
Part II
Page 8 of 14
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.
d. Any time that self -monitoring information indicates that the facility has
gone out of compliance with its NPDES permit limitations.
Persons reporting such occurrences by telephone shall also file a written
report in letter form within 15 days following fi.r.st knowledge of the
occurrence.
Changes in Discharges of Toxic Substances:
The permittee shall notify the Permit Issuing Authority as soon as it knows or
has reason to believe:
a. That any activity has occurred or will occur wb:ich would result in the
discharge, on a routine or frequent basis, of any toxic. substance(s) (listed
at 40 CFR S 122, Appendix D, Table II and III) 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 (1.00 ug/1);
(2) Two hundred micrograms per liter (200 ug/.l) for ar_rolein and
ac.ryloni.trile; five hundred micrograms per liter (500 ug/1)
for 2,4-dinitrophenol. and for 2-methyl-4,6-diriitroph.enol; and one
milligram per liter (1 mg/1) for antimony; or.
(3) Five (5) times the maximum concentration value reported for that
pollutant(s) 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
(listed at 40 CFR S 122, Appendix D. Table II and III) which is not
limited in the permit, if that discharge will exceed the highest of the
following "notification .levels":

Part II
Page 9 of 14
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony; or.
.(3) Ten (10) times the maximum concentration value .reported for that
pollutant(s) in the permit application.
8. Expiration of Permit
Permittee is not authorized to discharge after the expiration date. In order to
receive a»thor.iznti.on to disc.hnrge beyoitd 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 discharge without a permit after the expiration will subject the permittee
to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1253. et seq.
9. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing
Authority shall be signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the
purpose of this Section, a responsible corporate -officer means:
(a) a president, secretary, treasurer or vice president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more
manufacturing production or operating facilities employing more
than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority
to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(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.
b. All reports required by the permit and other information requested by the
Permit Issuing Authority shall. be signed by a person described above or by
a duly authorized representative of that person. A person is a duly
authorized representative only if:
(1.) The authorization is made in writing by a person described above;
(2) The authorization specified either an ind.ividuol 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

Part II
Page 10 of 14
well field, superintendent, a position of equivalent responsibility,
or an individual or position having overall responsibility for environ-
mental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a
named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
C. Certification. Any person signing a document under paragraphs A. or b. of
this section shall making the following certification:
"I certify, under penalty of la.w, 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 resporisihl.e for gathering the
information, the information submitted is, to the. Hest of my knowledge and
believe, 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."
10. Availability of Reports
Except for data determined to be confidential under NCGS 1.43-215.3(a) (2) or
Section 308 of the Federal. Act, 33 USC 1318, all reports prepared in accordance
with the terms shall be available for public inspection at the offices of the
Division of Environmental Management. 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 Art.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false
statement, r.ep.resPtitati_on, or in any record or other: document
submitted or required to be maintained under: this permit., including monitoring
reports or reports of compliance or noncompli?:ice shall, upon conviction, be
punished by a fine of not more than '10,OUO per violatiou, or by imprisonment
for not more than six months per violation, or by both.
SECTION E. DEFINITION
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of Natural.
Resources and Community Development.

Part II
Page 1.1 of 14
3. EMC:
Used herein means the North Carolina Environmental Management Commission.
4.. Act or "tile Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
5. Mas_§_LDay___Measurements
a. The "monthly average discharge: is defined as the total mass of all
daily discharges sampled and/or measured during a calendar month on
which daily discharges are sample and measured, divided by the number
of daily discharges samples and/or measured during siich month. It is
therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by
the number of days the tests were reported. The limitation is
identified as "Daily Average" or "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total. mass of
all. daily discharges sampled and/or measured during the calendar week
(Sunday -Saturday) on. which daily discharges are sampled and measured,
divided by the number of daily discharges samples and/or measured
during such week. It is, therefore, an arithmetic mean found by
adding the weights of pollutants found each. day of the week and then
dividing this sum by the number of days the tests were reported. This
11+ni.tat_i.on is identified as "Weekly Average" i?n Part l: of the pertni.t.
C. 3- e "maximum daily discharge" is the total truss (we:i_kht:) of a
pollutant discharged during a calendar clay. If on.l.y onie sample is
taken during any calendar day the weight of pollutant: calculated from
it is the "maximum daily discharge." This limitation is identified as
"Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as tit.e total mass of all
daily discharges sample and/or measured during the calendar year on
which daily discharges are sampled and measured, divided by the number
of daily discharges sampled and/or measured during such year.. It is,
therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limi.tati.on is defined as
"A.nnual. Average" izi. Part I of the permit.

Part II
Page 12 of 14
6. Concentration Measurement
a. The "average monthly concentration, other than for fecal coliform
bacteria, is the sum of the concentrations of all daily discharges
samples and/or measured during a calendar month on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled
and/or measured during such month (arithmetic mFan of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected
during that calendar day:. The average monthly count: for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" or
"Daily Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration, other than for fecal coliform bacteria,
is the sum of the concentrations of all daily discharges sampled and/or
measured during a calendar week (Sunday/Saturday) on which daily discharges
are sampled and measured divided by the number of da-ily discharges.sampled
and/or measuz ed during such week (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during
that calendar day. The average weekly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar
week. This limitation is identified as "Weekly Average" under "Other
Limits" in Part I of the permit.
C. The "maximum daily concentration" is the concentration of a pollutant
discharge during a calendar day. It is identified as "Daily Maximum"
under "Other Limits" ill Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria,
is the sum of the concentrations of -all daily discharg;:s sampled and/or
measured during a calendar year on which daily discharges are sampled and
measured divided by the number of daily discharges sampled and/or measured
during such year- (arithmetic mean of the daily concentration values). The
daily concentration value is equal to the concentration of a composite
sample or in the case of grab samples is the arithmetic mean (weightedd by
flow value) of all the samples collected during that calendar day. The
average yearly count for fecal coliform bacteria is the geometric mean
of the counts for samples collected during a calendar year.. This limitation
is identified as "Annual Average" under "Other Limits" in Part I of the
permit.

7
a
Part II
Page 13 of 14
Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours .
average flow, averaged monthly. It is determined as the arithmetic mean
of the total daily flows recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time
of sampling, when both the sample and flow will be representative of the
total -discharge:
Types of Samples
a. Composite Sample: These samples consist of grab samples collected at
equal intervals and combined proportional to flow, a sample continuously
collected proportionally to flow, or equal volumes taken at varying time
intervals. If.a composite sample is obtained from grab samples, the
following requirements apply. The intervals between influent grab
samples shall be no greater than hourly. Intervals between effluent grab
samples shall be no greater than hourly except where the detention time
of the wastewater in the facility is greater than 24 hours, in which
case, the interval between grab samples shall be no greater in number of
hours than the detention time in number of days; provided, however, in
no case may the time between effluent grab samples be greater than six
hours nor the number of grab samples less than four during any discharge
period of 24 hours or less.
b. Grab Sample: Grab samples are individual samples collected over a
period of time not exceeding 15 minutes; the grab sample can be taken
manually.
Calculation of Means
a. Arithmetic Mean: The arithmetic mean. of. any set of values is the summation
.of the individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of
the product of the individual values where. N is equal to the number of
individual values. The geometric mean is equivalent to the antilog of
the arithmetic mean of the logarithms of the individual values. For
purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
C. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the
respective flows.

tJ
I
Part II
Page 14 of 14
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight
of the next day. however, for purposes of this permit, any consecutive 24-hour
period that reasonably represents the calendar day may be used -for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant .listed as toxic under Section 307(a)(1) of
the Clean Water Act.

f
PART III
OTHER REQUIREMENTS
A. Previous Permits
All previous State water quality permits issued to this facility, whether for
construction or operation or discharge, are hereby revoked by issuance of this
permit. The conditions, requirements, terms, and provisions of this permit
authorizing discharge under the National Pollutant Discharge Elimination
System govern discharges from this facility.
B. Construction
No construLt-ion of wastewater treatment facilities or additions thereto shall
be begun until Final Plans and Specifications have been submitted to the
Division of Environmental Management and written approval and Authorization
to Construct has been issued.
C. Certified Operator
Pursuant -to Chapter 90A of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge
of the wastewater treatment facilities. Such operator must hold a. certification
of the grade equivalent to or greater than the class;i.fication assigned to the
wastewater treatment facilities.
D. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of
Environmental_ Management, conduct groundwater monitoring as may be required
to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
E. Limitations Reopener
This permit; shall be modified or alternatively, revoked and reissued, to comply
with any applicable. effluent guideline or wat:er quality standard issued or
approved tui er Sections 302(b) (2) (c`,, and. (d), 304•(b) (2), and 307(a) (2)
of the Clean Water Act, if the effluent guideline or water quality standard
so issued or approved:
1. contains different conditions or is otherwise more stringent than any
effluent limitation in the permit; or
2. controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain any
other requirements in the Act then applicable.

Part III
Continued
F. Toxicity Reopener
This permit shall be modified, or revoked and reissued to incorporate toxicity
limitations and monitoring requirements in the event toxicity testing or other
studies conducted on the effluent or receiving stream indicate that detrimental
effects may be expected in the receiving stream as a result of this discharge.

STA1r s
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
-- 512 North Salisbury Street • Raleigh, North Carolina 27611--- -
James G. Martin, Govemor
S. Thomas. Rhodes, Secretary
Mr. E. Carey Ayers
Mountains Utility Company
Fairfield Mountains, Rt. 1
Lake Lure, NC 28746
Dear Mr. Ayers:
March 30, 1988 R. Paul Wilms -
_ - Director
SUBJECT: Permit No. 16010
Mountains Utility Company
Maple Ridge - Apple Valley
Sewer Collection System
Rutherford County
In accordance with your application received.March 15, 1988, we are
forwarding herewith Permit No. 16010, dated March.-30, 1988, to Mountains Utility
Company for the construction and operation of the subject wastewater collection
system extensions.
This permit shall be effective from the date of issuance until rescinded, and
shall be subject to the conditions and limitations as specified therein.
If. any parts, -requirements, or limitations contained in this permit are
unacceptable to you, you have the right to request. an adjudica.tory hearing upon
written request within 30 days following receipt of this permit. This request must
be. in the form -of a writton petition,' conforming to Chapter' 150B of North Carolina
General Statutes, and filed with the Office of Administrative hearings, Post Office
Drawer 11666, Raleigh, North Carolina 27604. Unless such demands are made this
permit shall be final and binding.
One (1) set of approved plans and specifications is being forwarded to you. If
-you need additional. information concerning this matter, please contact.Ms. Rosanne _
Ba.rona telephone No..919/733-5083, ext. 136.
Sincerely,
Pau Wilms /
alcc: therford County Health Department Waier Quality S2Cti0n
_ RyAsheville Regional. Supervisor
_ Dennis R. Ramsey
Joe K. Matheson, --Jr. - - -
APR 8--- 1988
Pollution Prevention Pars
P.O. Box-27687, Raleigh, North Carolina 27611-7687 Telcphone 919-733.7015 Asheville Regional Office
Asheville, North Carolina

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT -COMMISSION
DEPARTMENT OF NATURAI. RESOURCES AND COMMUNITY DEVI"I.,OPMENT
RALEIGH
P E R M I T
For the discharge of Sewage, Industrial. Wastes, or Other Wastes
In accordance with the provisions of Article 21 of Chapter 143, General Statutes
of North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mountains Utility Company
Rutherford County
FOR THE
construction and operation of approximately 709 linear feet of 8-inch gravity sewer
to serve Maple Ridge - Apple Valley and the discharge of collected domestic
wastewater into the Town of Lake Lure's existing sewerage 'system pursuant to the
application received March 15, 1988, and in conformity with the project plan,
specifications, and other. supporting data subsequently filed and approved --by the
Department of Natural Resources and Community Development and considered a part of
this permit.
This permit shall be effective from the date of issuance until rescinded, and
shall be subject to the following specified conditions and limitations:
1. This permit shall become voidable unless the facilities are constructed in
accordance with the approved plans, specifications and other- supporting data.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and -other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. -'The Permit shall become voidable iinTeds the agreement between the Town of Lake
Lure and'Mountains Utility Company for the collection and final treatment of
domestic wastewater is in full force and effect.
5. The sewage and wastewater collected by this system shall be treated in the Town
of Lake Lure's Wastewater Treatment Plant prior to being discharged into the
receiving stream.
6. This permit is not transferable.
t

7. Construction of the sewers shall be so scheduled so as not to interrupt service
by the existing utilities nor result in an overflow or bypass discharge of
wastewater to the surface waters of the State
8. Upon completion of construction and prior to operation of this permitted
facility, a certification must. be received from a professional engineer
certifying that the permitted facility has been installed in accordance with_the
approved plans and specifications. Mail the certification to the Permits and
Engineering Unit, P.O.---Box 27687, Raleigh,-"N.C.'--27611-7687. _-
Permit issued this the 30th day of March, 1988.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
R. Paul Wilms, Director
Division of -Environmental Management
By Authority of the Environmental Management Commission
Permit No. 16010.
Engineer's Certification
I - as a duly registered Professional Engineer in the State of North Carolina, hereby certify that construction of.- these permitted
facilities has been completed in accordance with the approved plans and
specifications.
Signature Registration Number Date

DIVISION'OF.ENVIRONMENTAL MANAGEMENT RECEIVED
September 30, 1982 water Quality Division'
Mr. James Atkinson OCT ' 6 1982
Fairfield Mountains, Inc.
Lake Lure, North Carolina 28746 Western Regional Office',
6shevill®, North. _Carolirk t'
Subject: Permit No_ N00048097 r
_ Fairfield Mountains, Inc.
Rutherford County
Dear Mr: Atkinson:
In accordance with your application for discharge Permit received May 10,
1982, we are forwarding herewith the subject State - NPDES Permit. This
permit is issued pursuant to the requirements of North Carolina General
Statutes 143-215.1 and the Memorandum of Agreement between North Carolina
and the'U. S. Environmental PCrotection Agency dated October 19, 1975.
If -any parts, requirements, or limitations contained in this Permit are
unacceptable to you, you have the right to an adjudicatory hearing before a
hearing officer pon written demand to the Director within 30 days following
receipt of this Permit, identifying the specific issues to be contended.
Unless such demand is made, this Permit shall be final and finding.
Please -take notice that this Permit is not transferable.. Part LI, B.2.
addresses the requirements to be followed -in case of change in ownership or
control of this discharger
This -Permit does not affect the legal requirement to obtain other Permits
which may be required by the pivision of Environmental Management. .If you
have any questions concerning this Permit, please contact Mr. David Adkins,
telephone [phone].
Sincerely yours,
Original Signed By
FORREST R. WESTALL
FOR'
Robert F. Helms
Director
cc: Mr: Jim Patrick, EPA
Asheville Regional. Office
Asheville Regional*Manager
i�

Permit No.•N00048097
STATE OF NORTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT
P E R M I T
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,
Fairfield Mountains, Inc.
is hereby authorized to discharge wastewater from a facility located at
Fairfield Mountains at Lake Lure
Rutherford County
to receiving waters designated Buffalo Creek in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II,_.and III hereof.
This permit shall become effective SEP 3 0 1982
This permit- and the authorization to discharge shall expire at midnight
on SEP 3 o 196T
Signed this day of SEP 3 0 1982
Original Signed By
FORREST R. WESTALL
FOR
Robert F. He1ms, Director
_.Division of'Environmental Management
By -Authority of the Environmental
Management Commission
M1 E II

Pc —It No. NC0048097
SUPPLEMENT TO PERMIT COVER SHEET
Fairfield Mountains, Inc.
is hereby authorized to:
1. Enter'into a contract for construction of a 0.04 MGD extended
aeration type wastewater treatment facility, and
2. After receiving an Authorization to Construct from the Division
of Environmental Management, construct and operate a 0.04 MGD
to expand the capacity of the existing facility to 0.08 MGD,
3. Continue to operare a 0.04MGD extendedJaerati.on type wastewater
treatment facility located at Fairfield Mountains, Inc.,
Rutherford County (Note Part III of this Permit), and
4. Discharge from said treatment works into Buffalo Creek which
is classified Class C-Trout.

A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
During tbiff'period beginning on
the effective date
and lasting until expiration,
the permittee is
authorized to
discharge from outfalI(s) serial
number(s) ool.
Such discharges
shall be limited
and monitored by
the permittee
as specified below:
'
Effluent Characteristics
Discharge
Limitations
Monitoring Requirements
K da
lbs da
Other -Units
(Specify)
Measurement*
Sample**
Sample**
Monthly Avg.
Weekly An..
Montfily An.
WeeK1,Y vg,
requency
iype
Loci' ' ,n
Flow
0.08 MGD
Daily
Continuous
I or E
BOD, 5-Day, 200C
30 mg/1
45 mg/l
Monthly
Recording
I,E,U,D
Total Suspended Residue
30 mg/1
45 mg/1
Quarterly
Composite
I,E
Fecal Coliform
1000/100ml
2000/100ml
Monthly
Grab
E,U,D
Chlorine Residual
0.065 mg/1
0.065 mg/1
Daily
Grab
E
pH
_
Monthly
Grab
I,E;U,D
Settleable Solids
Daily
Grab
E
Dissolved Oxygen
Daily
Grab
U,D
Temperature
Daily
Grab
E,U,D
COD
Monthly
Composite
E,U,D
NH - N
Quarterly
Composite
I,E
Total Residue
Quarterly
Composite
I,E
*Daily stream sampling frequency may be reduced at each stream sampling station to one time per week
except during the months of June, July, August, and September when the frequency must be no less than 6
three times per week at each stream sampling station. Daily means every day on which a wastewater
discharge occurs except Saturdays, Sundays and legal holidays.
**All stream samples shall be grab samples.
***I -Influent, E-Effluent, U-Upstream, D-Downstream
o B M
The pH shall not be less than 6.0 standard units nor greater than 9.o standard units and � �.
co
shall be monitored as specified above. 0 o
There shall be no discharge of floating solids or visible foam in other than trace amounts. a

Part I
Permit No. NC
B. SCHEDULE OF COMPLIANCE
1. The permittee shall achieve compliance with the effluent limitations
specified for discharges in accordance with the following schedule:
NOT APPLICABLE
.2. No later than 14 calendar days .following a date identified in the above
schedule of"compliance, the permittee shall submit either a report of
progress -or, in the case of specific actions being required by identified
dates, a written notice of compliance or noncompliance. In the latter
case, the notice shall include the cause of noncompliance, any remedial
actions taken,.and the probability of meeting the next scheduled requirement.

Part I
Permit No. NC
"Act" used herein means the Federal Water Pollution Control Act, As Amended.
"DEM" used herein means the Division of Environmental Management of the
Department of Natural Resources and Community Development.
"EMC" used herein means the North Carolina Environmental Management Commission.
C. MONITORING AND REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous month(s) shall be
summarized for each month and reported on a Monthly Monitoring Report
Form (DEM No. MR 1.0, 1.1, and 1.4). . ., postmarked no later than the
45th day following the completed reporting period.
The first report is due on . Duplicate signed copies of
these, and all other reports required herein, shall be submitted to
the following address:
Division of Environmental Management
Water Quality Section
Post Office Box 27687
Raleigh, North Carolina 27611
3. Definitions
a. The monthly average, other than for fecal coliform bacteria, is the
arithmetic mean of all the composite samples collected in a one -
month period. The monthly average for fecal coliform bacteria is
the geometric mean of samples collected in a one -month period.
b. The weekly average, other than for fecal coliform bacteria, is the
arithmetic mean of all the composite samples collected during a
one -week period. The weekly average for fecal coliform bacteria
is the geometric mean of samples collected in a one -week period.
c. Flow, M3/day (MGD): The flow limit expressed in this permit is the
24 hour average flow, -averaged monthly. It is determined as the
arithmetic mean of the total daily flows recorded during the calendar
month.
d. Arithmetic Mean: The arithmetic mean of any set of values is the
summation of the individual values divided by the number of individual
values.
M5

Part I
Permit No. NC
e. Geometric Mean: The geometric mean of any set of values is the
Nth root of -the product of the individual values where N is equal
to the number of individual values. The geometric mean is equiva-
lent to the antilog of the arithmetic mean of the logarithms of
the individual values. For purposes of calculating the geometric
mean, values of zero (0) shall be considered to be one (1).
f. Composite Sample: A "composite sample" is any of the following:
(1) Not less than four influent or effluent portions collected.
at.regular intervals over a period of 24 hours and composited
in proportion to flow.
(2) Not less than four equal volume influent or effluent portions
collected over a period of 24 hours at intervals proportional
to the flow.
(3) An influent or effluent portion collected continuously over
a period of 24 hours at a rate proportional to the flow.
g. Grab Sample: A "grab sample" is a single influent or effluent
portion which is not a composite sample. The sample(s) shall be
collected at the period(s) most representative of the total -discharge.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC
regulations published pursuant to N. C. G. S. 143-215.63 et seq, The
Water and Air Quality Reporting Act, and to regulations published pursuant
to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act,
As Amended, and Regulation 40 CFR 136.
5. Recording Results
For each measurement or sample taken pursuant to the requirements of
this permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed; and
c. The person(s) who performed the analyses.
UP.

PART I
Permit No. NC
6. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values required
in the Monthly Monitoring Report Form (DEM.No. MR 1.0, 1.1, and 1.4)
Such increased frequency shall also be indicated. The DEM may require
more frequent monitoring or the monitoring of other pollutants not
required in this permit by written notification.
7. Records Retention
All records and information resulting from the monitoring activities
required by this Permit including all records of analyses performed and
calibration and maintenance of instrumentation and recordings from
continuous monitoring -instrumentation shall be retained for a minimum of
three (3) years, or longer if requested by the Division of Environmental
Management or.the Regional Administrator of the Environmental Protection
Agency.
M7

._ PART I I
Permit No. NC
A.. MAiJAGEMENT 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: Any anticipated
facility 4kpansions, production increases, or process modifications which
will result In new, different, or increased discharges of pollutants mush
be.reported by submission,of. a ne4 NPDES application or, if such changes
will not violate the effluent- limitations specified in this permit, by
notice- -to .the..DEM of,such changes'.. -Following uch.notice, the permit
may be modified to specify and Iirnit,Any _pol-lutants not previously limited.
2. Non=compl.iance-Notification
If, for any reason, the-permittee does not comply with or will be unable
to..comply withiany effluent limitation specified in this permit,.the per
.mittee,.shall provide the Division.of fnvironmental Management with the.
following. information, -in writing, within.five (5)`days of -becoming aware
of,such- condition:
a.- A description -of the discharge and.cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or,.,
if not corrected; the anticipated time the noncompliance is expected
to continue, and .steps being taken to reduce, eliminate and prevent..:
recurrence of the noncomplying discharge.
3. Facilities Operation
The. permittee shall at all times maintain in'good working order and
operate as efficiently as.possible all treatment or control facilities
or systems installed or'used-by the- permi to achieve compliance with
the terms and conditions of this ,Permit,
-4: Adverse Impact
The-permittee.shall take -all reasonable.steps to minimize any adverse
impact'to navigable waters resulting from noncompliance with any effluent
limitations. specified in this permit, including such accelerated or
additional monitoring aspecessary to. determine the nature and; mpact of
the noncomplying discharge.` _
-5'. ; Bypassing
Any.diversion-from or bypass. of facilities necessary to maintain compliance
with the terms. 'And conditions -of :this permit.is prohibited, except (i).where
M 8

PART II
Permit No. NC
unavoidable -to prevent loss of life or severe property damage, -or
00 where excessive storm drainage or runoff would damage any
facilities necessary for compliance with the effluent limitations
and prohibitions of this permit. The permittee shall promptly
notify the Water Quality Section of DEM in writing ofeach such
diversion or bypass.
.6. Removed Substances
Solds,'sludges, filter backwash, or other pollutants removed in the
course of treatment.or,control of -wastewaters shall be disposed of in
a manner such as to 'prevent any pol,lutant.from such materials, from
entering waters of-06" State or -'navigable waters of the -United States.
7. Power Failures,
„ In"order to'maintain compliance with the effluent limitations and
prohibitions of this permit,'the.permittee shall either:
a -.- In.accordance 'with the Schedule of Compliance, -contained in Part I,
provide an alternative power source sufficient to operate -'the waste
water control facilities;
or,.:if such alternative power source is not in,existence,'and,no date for
_ its implementation appears in Part .I,
b.; Halt, reduce or otherwise control production and/or -all discharges
from wastewater control facilities -upon the reduction, loss.', or
failure of the primary source of.power,to said wastewater control
facilities..
8. 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 anynavigable waters
I 8 :- _

--� PART II
Permit No. NC
B. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Director of the Division of Environmental
-Management, the'Regioral Administrator, and/or their authorized represen-
tatiVes, upon the presentations of credentials:
a. 'The enter upon the permittee's premises where.an effluent source is
located or in which any records are required to be kept under the
terms and conditions of this permit; and
b. At reasonable times -to have .access .to and copy ,any records required
to be kept under the terms and conditions of this permit; to inspect
any monitoring.equipment or monitoring method required in this permit;
and to sample any -.discharge of pollutants.
2. Transfer of Ownership or Control
This ,,permit is not transferable. In the event of any change in control
or ownership of farilities'from which the authorized discharge emanates
or is contemplated, the permittee shall notify the prospective owner or
controller by letter of the existence of thi.s permit and of the -need to
obtain a'permit it the name.. of the prospective, owner. A -copy of the
letter--.shal.1 be .forwarded to. the: Division '.of Environmental Management.
3. Availability of Reperts
Except for data determined to be confidential under N. C. G. S: 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 Di-ision of Environmental Management. 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 im osition of criminal
penalties as provided for in N. C. G. Si, 143-215.6(b) or in Section
309 of.the Federal Act.
4. Permit Modification
After notice and opplirtunity f'or:a hearing pursuant to N. C. G. S. 143-
21.5.1(b)(2) and 141-215.1(e) respectively, this permit may be
modified, suspender;, or, revoked in whole or,in part during its term for
cause including, but not limited.to, the following:
a.•.., Violation of any terns -or conditions of this permit;
b.`-.Obtaining thl's permit by misrepresentation or failure to disclose
fully � 1 relevant facts; or
c. A change in any condi-ion that requires either a temporary or
Oermanent reduction or elimination of the authorized discharge.
M10&I9

PART II
Permit No. NC
5. Toxic Pollutants
Notwithstanding Part II, B-4 above, if a toxic effluent standard or
prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a)
of.the.Act.for-a toxic pollutant which. is present in the.discharge and
such standard or prohibition] s more stringent than any limitation for.
such pollutant i.n this, permit, this permit shall. be .revised or modified
in:accordance''wi.th the toxic effluent standard or prohibition and the
permittee so notified.
6•. Civil and Criminal Liability
Except as provided in permit conditions -on "Bypassing" (Part II, A-5)
and "Power Failures" Part II, A-7), nothing in this permit shall be
construed to relieve the permittee'from civil or criminal penalties for
noncompliance pursuant to N., C. G.S. 143-215.6 or Section'-309 of the
Federal Act, 33 USC.1319:
7. 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
under N. C. G: S. 143-215.75 et seq. or Section 311 of:the Federal Act,
33 USC 1321.
8. 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 infrinaement.of Federal,State or local laws or regulations.
9. Severability
The provisions of this permit are severable, and if any provision of this
permit, or the application of any provision.of this permit to any circum—
stance, is held invalid, the application of such provision to other cir-
cumstances, and the-reirAinder of th-is permit shall not be affected thereby.
M 11 &'I 10

PART II
Permit No NC
10. Expiration of Permit
Permittee, is not authorized to discharge after the expiration date.
In order to receive 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 discharge without a permit after
the -expiration -will- subject the permittee to enforcement procedures as
provided in N. C. G. S'.. 143-215.Eand 33 USC 1251 et seq..

PART III
Permit No. NC
B. Previous Permits
All previous State water quality permits issued to this facility,
whether for construction or operation or discharge, are hereby revoked
by issuance of this permit. The conditions, requirements, terms, and
provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System governs discharges from this
facility.
C. Construction
No construction of wastewater treatment facilities or additions thereto
shall be begun until Final Plans and Specifications have been submitted
to the Division of Environmental Management and written approval and
Authorization to -Construct has been issued. If no objections to Final
Plans and Specifications has been made by the DEM after 30 days following
receipt of the plans or issuance of this permit, whichever is latter, the
plans may be considered approved and construction authorized.
D. Certified Operator
Pursuant to Chapter 90A of North Carolina General Statutes, the permittee
shall employ a certified wastewater treatment plant operator in responsible
charge of the wastewater treatment facilities. Such operator must hold a
certification of the grade equivalent to the classification assigned to
the wastewater treatment facilities.