Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
NC0079448_Regional Office Physical File Scan Up To 1/19/2021 (2)
FEB - 8 2010 NCDENR North Carolina Department of Environment and Natl'' ource&CTION 1 H'SHtV LI LE REGIONAL OFFICE Division of Water Quality " Beverly Eaves Perdue, Governor Coleen H. Sullins, Director: "- Dee Freeman; Secreta January 27, 2010 J Mr. John Cilone Fair Haven Home 149 Fairhaven Dr Bostic, N.C. 28018 Subject: Rescission of NPDES Permit NCO079448 Fair Haven Home WWTP Rutherford County Dear Mr. Cilone: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO079448 is rescinded, effective immediately. If in the future your facility wishes to discharge wastewater to the State's surface waters, they must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, (CZ�4unU( ✓e cc: Central -Files Asheville-Regional-Office_/_Wanda Frazier NPDES Permit file, Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One t . 512 North Salisbury Street, Raleigh, North Carolina 27.604 NorthCarolina ina Internet: www.newaterquality.org Phone: 919-807-6391 / FAX 919 807-6495 Nahmallycharles.weaver@ncdenr.gov An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Facility information NPDES permit #: NCO079448 Rutherford County Facility name: Fair Haven Rest Home WWTP class: II WWTP type: 0.01.0 MGD WWTP with: flow equalization tank; aeration basin; clarifier with sludge return; chlorinator; chlorine contact chamber; and dechlorinator unit WWTP location: 149 Fair Haven Drive; Bostic Responsible official: John Cilone Responsible "'s title: Administrator Mailing address: 149 Fair Haven Drive; Bostic, NC 28018 Phone numbers 828-245-9095 , John Cilone 828-245-7856 " - fax 828-898-6277 Water Quality Lab & Operations Inc. 828-898-6255 " — fax 828-260-2027 Jadd Brewer — cell — Vice President Operator information Contract ORC : Water Quality Lab & Operations Inc. ORC contractor & lab Mailing address: PO Box 1167; Banner Elk, NC 28604 Permit information Date issued: 8-1-2008. Expiration date: 7-31-2013 Stream information' Stream & river basin: Webbs Creek; Broad River Basin Sub -basin: 03-08-02 Quad: Grid: F11SE Stream classification: WS - IV Drainage area sq mi: Instream Waste Conc.: Average stream flow: Summer 7Q10 cfs: Winter 7Q10 cfs: "Other information Directions: _ Travel east on Hwy 74 Business — 3 miles beyond the Town of Forest City and 0.75 miles east of the intersection of NCSR 1576 (Fair Haven Drive). Page 1 of 2 MAPQUESt, Trip to Fair Haven Home 149 Fairhaven Dr, Bostic, NC 28018 - (828) 245-9095 57.34 miles - about 1 hour 10 minutes Notes 0 FAIR HAVEN IFF A Skilled Nursing and Assisted Living Facility —faidn—ham — John Cilone Administrator 149 Fairhaven Drive Bostic, NC 28018 Phone:828-245-9095 Fax:828-245-7856 2090 Us 70 Hwy, Swannanoa, NC 28778-8211 1. Start out going EAST on US40 / BLACK MOUNTAIN go 1.2 mi HWY toward WALTERS RD. 2. Turn RIGHT onto PATTON COVE RD. go 0.4 mi 3. Merge onto 1-40 E via the ramp on the LEFT. go 25.6 mi 4. Take the US-221 exit, EXIT 85, toward MARION / go 0.1 mi RUTHERFORDTON. ._axis 5. Turn RIGHT onto US-221. go 18.8 mi 6. Take the US-64 / US-74-A ramp. go 0.1 mi 7. Turn LEFT onto US-64 / US-74 ALT. go 0.5 mi ea5 8. Turn RIGHT onto US-74 ALT / ROCK RD. Continue to T� follow US-74 ALT E. go 5.6 mi 9. Turn LEFT onto OAK ST. go 1.2 mi http://www.mapquest.com/print' 1/20/2010 Page 2 of 2 C_, 10. Turn LEFT onto S CHURCH ST. EAS 11. Turn RIGHT onto US-74 BR E / US-221 ALT S / W �.a. MAIN ST. Continue to follow US-74 BR E. IV 12. Turn RIGHT onto FAIR HAVEN DR. go 0.2 mi go 3.4 mi go 0.0 mi 13.149 FAIRHAVEN DR. go 0.0 mi Fair Haven Home - (828) 245-9095 149 Fairhaven Dr, Bostic, NC 28018 Total Travel Estimate: 57.34 miles - about 1 hour 10 minutes Route Map Hide All rights reserved. Use subject to License/Copyright I Map Legend Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use of MapQuest. Your use of MapQuest means you agree to our Terms of Use http://www.mapquest.com/print 1/20/2010 NCDENV North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary- Coleen H. Sullins, Director June 19, 2008 Mr. John Cilone - Fair Haven Rest Home 149 Fair Haven Drive Bostic, NC 28018 Subject: Issuance of NPDES Permit NCO079448 Fair Haven Rest Home WWTP - Rutherford County Dear Mr. Cilone: Division personnel have -reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes one major changes from the. draft permit sent to you on April 23, 2008: ➢ A new Total Residual Chlorine compliance level (50 µg/L) has taken effect for all NPDES permits. A footnote noting the new compliance level has been added to the Effluent Limitations Sheet. If any parts, measurement frequencies or sampling requirements contained in Ahis permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) -days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of -the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service -Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may - require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local_ governmental permit that may be required. If you have any questions concerning this permit; please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Sincerely, D �---- �r- Colleen H. Sullins, J U N 2 ] -2 Li cc: Central -Files_ - - - heville:Regioiial Office/Surface Water Protection- WATER QUALITY SECTION -- �� PDES Umt ASHEVILLE REGIONAL OFFICE Jadd Brewer / Water Quality Lab & Operations [P.O. Box 1167, Banner Elk, NC 2860-=1T671— _ s 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 - One _ 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarollna Phone: 919 733-5083 / FAX 919 733.0719 / Internet: www.ncwaterquality.org N ,An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 5 Permit NCO079448 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 r9gulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Fair Haven Rest Home alre hereby authorized to discharge wastewater from a facility located at the Fair Haven Home WWTP 149 Fair Haven Drive -Bostic Rutherford County fo:`receiving waters designated as Webbs Creek in subbasin 03-08-02 of the Broad River _ $asin 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. his permit and authorization to discharge shall expire at midnight on July 31, 2013. Signed this day June 19, 2008. leen H. Sullins, Director ivision of Water Quality By Authority of the Environmental Management Commission Permit NC0079448 . 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. The Fair Haven Rest Home is hereby authorized to: 1. Continue to operate an existing 0.01 MGD. wastewater treatment facility which -includes the following components: ♦ Equalization tank ♦ Aeration basin ♦ Clarifier ♦ Chlorine contact chambers Bion eutralizer chamber The facility is located at'tlie Fair Haven Home WWTP, off Fair Haven Drive near Bostic in Rutherford County. 2. Discharge from said treatment works at the location specified on the attached map into Webbs Creek, currently a class WS-IV stream in subbasin 03-08-02 of the -Broad River Basin. y Latitude: 35°20'27" Longitude: 81°48'28" USGS Quad #: F I I SE River Basin #: 03-08-02 Receiving Stream: Webbs Creek Stream Class: WS-IV Fair Haven Home Na079448 Rutherford County Permit NC0079448 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:. PARAMETER . LIMITS; MONITORING,REGUIREMENTS Monthly Average Daily Maximum. Measurement _ Fr uenc Sample Type Sample Location .; Flow 0.010 MGD Weekly Instantaneous .. Influent or Effluent BOD, 5-day, 202 C . 30.0 mg/L 45.0 mg/L: Weekly . Grab Effluent Total Suspended Solids 30.'0 mg/L , 45.0 mg/L Weekly Grab , Effluent NHs as N 2/Month Grab Effluent Fecal Coliform (geometric mean 200/100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine.(TRC)1 28pg/L. 2/Week Grab Effluent Temperature CC) pH > 6.0_ and < 9.0 standard units Weekly Weekly Grab Grab Effluent Effluent • 0ES Permit Standard Conditions Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass 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 tithe/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 flowv at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volumecollected 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 qbDES.Pern-lit Standard Conditions 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. Dailv DischarLye 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 . &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 Emit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property.damage . Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the 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 limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 30.1, 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 kno;vingl y 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 file 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 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $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)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit' shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act; 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Version 10/10/2007 • 0ES Permit Standard Conditions Page 5 of 16 5. Property Rights The issuance of this ,permit does not convey any property rights in either real or personal property, or any exclusive privileges, not does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local,laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or .the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of - this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)}. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit ` The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section,'a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation .of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority.to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship:- by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either. a principal executive officer or ranking elected official [40 CFR 122.22]. ' Version 1011012007 0 0 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification, Revocation and Reissuance, or Termination ' The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 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 Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 1011012007 • WES 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)]. 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. Version 1011012007 • DES Permit Standard Conditions 0 Page 8of16 (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 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 Pernittee 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 Pennittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Version 1011012007 0 0ES 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 143-21563 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any -person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for.not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. i 6. , Records Retention Except for records of monitoring information required by this permit related to the Pertnittee'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 10/10/2007 0 0 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 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such 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 (DAM) (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 (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'watex 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 off -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 10/10/2007 DES Permit Standard Conditions, 0 t 0 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, not add to the plant's treatment capacity, not change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, 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 10/1012007 ES Permit Standard Conditions Page 13 of 16 (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (l 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. 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 5.6, 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; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,'but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; Version 1011012007 DES Permit Standard Conditions0 f Page 14 of 16 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 UWS) 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.S.). 4. Headworks Anal sis HWA) 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 0 a 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 (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 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 Summary(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance. Report SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (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 tw lve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The. Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and 'Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 211.0907. Version 10/10/2007 �Tater Quality Lab and Operations, Incy J` P.O. Box 1167/ 1522 Tynecastle Highway Banner E'lk,.NC 28604 Ph. 828-Sg8-6277Fax S28-SgS-6255 N.C. Division of Water Quality ' 1617 Mail Service Center Raleigh, NC 27699-1617 Water Quality Lab. and. Operations 1522 Tynecastle Highway Banner Elk, NC 28604 �r V .LM NC DENR/DWQ/Point Source Branch BAR 2 8 2008 Att: Mrs. Carolyn Bryant White Oak D EN R WATER O UALITY March 13, 2008 POINT.SOURCE. BRANCH Mrs. Bryant, The request is being made on this date - March 13, 2008- to renew. the wastewater- permit for Fairhaven WWTP. _There have been no current changes to the plant since the last ' permit renewal., Fairhaven WWTP permit renewal was completed by Jadd Brewer at Water Quality Lab and Operations, Inc. located in•Banner Elk, NC:' ,If you have any questions -at all feel free to contact myself, Jadd Brewer at 828-898-6277. Added Information - The bio excess solids when removed from the wastewater treatment plant will be hauled - ' directly to the Town of Boone wastewater treatment plant.. hanky „ o. add Brewer Water Quality Lab and Operations,' -Inc. 1MAR-13-2008 14:11 FROM:WAT 8282964663 TO:918288986255 P:1/3 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0" M(ID Alai]: the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDE9 Unit 1617 Mail Service Center, Raleigh, NC 276994617 NPDES Permit XCOO 7' 4 F r l If you are completing this form in- computer use the TAB, key or the up — down arrows to moue from one field to the next. To check the boxes, click your mouse on top of the box Othenuise, please print or type. 1. Contact Information Owner- Name Facility -Name Mailing Address City State / 7.xp Code Telephone Number Fax Number c�a�� a�5-g0�15 • e-mail Address 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City _��._—•---_.,. State / Zip Code County 3. Operator Information: Name of: the firm, public organization or 'other entity that operates the facility. referring to. the Operator in Resnponsible Charge or ORQ �V VVLon1 er Name o: sa i itiw o Oarat Mailing Address v n . P�O)( j I( City State / Zip Code Telephone Number Fax Number 1 of 3 nor e ►<. • 1. (Note. that this is not (2. Form•D 1/06 MAR-13-2008 14:11 FROM:WAT 8282964663 TO:9182BB986255 P:2/3 NPDES'"PLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description. of wastewater: Facility Generating Westewater(check all that applyf: Industrial ❑ Number of Employees Commercial, [] Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other [ Explain,: Q�e etc Describe the sourcc(e) of wastewater (example: embdivision, mobile home park, shopping centers, restaurants, -etc,): . --_- - - . Dunes, C A6W�-rC�Ol�r i i+ Population served:l5 5. Type of collectiou system [�Scparate (sanitary sewer'only) ❑ Combined (storm, sewer and sanitary sewer) „ 6. OutfaII Information: Number of separate discharge points_ Outfall Identification number(s) Is the outfall equipped with a diffuser? ❑ Yos, [KNo ' - 7. Name of receiving stream(s) (Provide a map showing the exact' location. of each. outfall): S. Frequency of Discharge: Continuous ❑ Intermittent If intermittent: — i Days per, week discharge occurs: I Duration: 9. Describe the treatment system - I- I List all installed components, including capacity, provide design removal for BOD, TSS, nitrogen and. phosphorus. If the space provided is not sufficient, attach the description of the treatment system -in a separate sheet of paper. 'F ► o w Eq u 1, zat i n n B.as i n . � bb j�- 8 576 � krat i on ba s i n ci016fi�r i s5- g5°10 e�- �cie�f r�rnc�c�l C n fi c c�- C ��U i e.rS ofiul 1� i en - ICTO 2ff � ien, b o ne-U'tral i zer . a' n-v2r. dal '�h05ph�i'u5- �7b°10 W c C� r�tmo,� A�3istnarqer U ne Form p 1106 MAR-13-2009 14:11 FROM:WAT 8282964663 T0:918288986255 P:3/3 NPDES APPLICATION - FORM D For privately owned treatment systems treating 1000/6 domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0, 0 1 MGD Annual Average daily flow 0 . 1 MG33 (for the previous 3 years) Maximum daily flow D 0 01 MGD (for the previous 3 years) 11. Is this facility located an Indian country? 0 Yes [1No 12. Effluent Data Provide data for the parameters fisted. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. 'Parameter Daily Maximum Monthly Avaralte Unite of MoaAurement Number of samples Biochemical Oxygen Demand� (BON, a: �^ ' ► ( L Fecal Coliform%-- Total Suspended Solids (� Temperature (Summer) Temperature (Winter) CD y pH .2, dr en 13: List.all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA). UIC (SDWA) .. _ Ocean Dumping. (MPRSA) NPDES Kl (' ()(' jq Ll4 g ; Drcdgc or fill (Section 404 or.CWA) PSD (CAA) Special Order of Consent (SOC) Non-attainmcnt program (CAA) - Other 14. APPLICANT CERTIFIC,ATION_. I certify 'that -I arc familiar with the information contained in the Application and that to the bo�f my ((knowledge and belief such information is true, complete, and accurate. Printed name of Person Signing �� of Applicant i�r s Date North Carolina General Stitutc 143-215.6 (b)(2) states: Any person, who knowingly makes any . false statement representation, or certification in any application. record, report, plan, or other document files or required to be maintained under Article 21 or regulations of rbe Environmental ManAgemcixt Commission implementing thEd. Article, or who falsifies, tAnopers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implunco.ting that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprlaonmcnt not to exceed six months, or by both. (18 U.S.C, Section 1001 provides a punishment by a luxe: of not more than $25,000 or unpriaonmcnt not more thAn 5, years, or both, for A, similar offense.) 3013 Form4)1106 r • SOC PRIORITY PROJECT: No IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Charles Weaver DATE: March 31, 2003 NPDES STAFF REPORT AND RECOMMENDATION Rutherford COUNTY PERMIT NUMBER NCO079448 PART I - GENERAL INFORMATION 1. Facility and Address: Mr. Mack McKeithan Mailing: 149 Fairhaven Drive Bostic, NC 28018 r 2. Date of Investigation: August 29, 2002 3. Report Prepared By: Roger C. Edwards 4. Persons Contacted and Telephone Number: Staff at care facility 828-245-9095 5. Directions to Site: East on Highway 74 Business approximately 3 mile below Town of Forest City and 0.75 miles East of intersection of SR 1576 in Rutherford County. 6. Discharge Poi.nt(s), List for all discharge points: Latitude: 350 20' 23" Longitude: 81' 48' 31" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name Forest City, NC 7. Site size and expansion area consistent with application? Yes No If No, explain: Page 1 8. Topography (relationship to flood plain included): Gentle slope above flood plain I 9., Location of nearest dwelling: 200 feet 10. Receiving stream or affected surface waters: Webbs Creek a. Classification: WS-IV b. River Basin and Subbasin No.:'BRD 030802 C. Describe receiving stream features and pertinent downstream uses: Agriculture, wildlife, and recreation. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.01 MGD, (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.01 MGD C. Actual treatment capacity of the current facility (current design capacity Same as above d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years:. N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing package treatment plant with tablet chlorination and tablet de - chlorination. f. Please provide a description of proposed wastewater treatment facilities: Same as above g. Possible toxic impacts to surface waters: minimal h. Pretreatment Program (POTWs only): N/A in development approved should be required not needed Page 2 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DWQ Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER C. Landfill: d. Other disposal/utilization scheme (Specify): Residuals are hauled to the Cliffside WWTP for treatment and final disposal by land application. 3. Treatment plant classification (attach completed rating sheet): 4. SIC-Codes(s)': 8059 Primary 11 Secondary Main Treatment Unit Code: 06007 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) N/A Date Submission of,Plans and Specifications Begin.Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. N/A Spray Irrigation: Connection to Regional Sewer System: Subsurface: Other disposal options: Page 3 • 4 5. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS This facility has a good compliance history. I recommend issuance of the new permit. v Sign Jture of Report Preparer ater Quality Regional Supervisor 3 93 Datk Page 4 Frazier, Wanda From: Frazier, Wanda Sent: Tuesday, January 26, 2010 2:32 PM To: 'Bob Guerra' Cc: Blaisdell, Daniel; Rimmer, Jerry; Price, Don; Edwards, Roger Subject: NCO079448 Fair Haven Nursing Home closure I visited the Fair Haven (FYI --not: Fair View) Nursing Home on Friday, January 22, 2010. 1 met with Mr. John Cilone and did a complete walk-thru, through the WWTP. The WWTP was abandoned when they tied into the Town of Forest City's collection system (at a cost of $100,000) on September 17, 2009. Mr. Cilone sent us a letter dated January 5, 2010, requesting that the permit be rescinded. You may take action on this, per this email confirmation. The existing WWTP is now for sale. The metal exterior appears to be in good condition. Below are details, if you know of anyone who maybe looking for one this size or one to be used as additional EQ & aeration capacity. There is a very nice storage building and chain link fence that will be thrown in the deal. They would like to get some money for it, however, they may settle for just having all it removed from the site. Anyone interested should contact Mr. Cilone Thanks, Wanda cc: Daniel. Blaisdell, Construction Grants — Please forward this email to your staff. Jerry Rimmer, Technical Assistance and Certification — Please forward this email to your staff. Details: Facility name: Fair Haven Nursing Home NCO079448 Rutherford County WWTP class: II WWTP type: 0.010 MGD metal WWTP with: flow equalization tank; aeration basin with blowers; clarifier with sludge return; tablet chlorinator unit and tablet dechlorinator unit. WWTP location: 149 Fair Haven Drive; Bostic r 1 Responsible official: Responsible "'s title: Mailing address: Phone numbers 828-245-9095 828-245-7856 Wanda Frazier John Cilone Administrator 149 Fair Haven Drive; Bostic, NC 28018 John Cilone " - fax Email: Wanda.Frazier@ncdenr.gov North Carolina Department of Environment and Natural Resources Asheville Regional Office Division of Water Quality Surface Water Protection Section 2090 US 70 Highway Swannanoa, NC 28778 Switchboard: 828-296-4500 x 4662 Direct line: 828-296-4662 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subjectto the North Carolina Public Records Law and therefore may be disclosed to third parties. From: Edwards, Roger Sent: Thursday, January 07, 2010 3:17 PM To: Frazier, Wanda Subject: FW: Fair View Nursing Home FYI .... please make a site visit to confirm the connection Roger Edwards - Roger.Edwards@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 4 From: Guerra, Bob [mailto:bob.guerra@ncdenr.gov] Sent: Thursday, January 07, 2010 1:57 PM To: Edwards, Roger Subject: Fair View Nursing Home Spoke with Administrator John Cilone about DMR Non submittal- Oct 2009. He stated the facility has connected to the Town of Forest City and no longer discharges or has a functioning WWTP. I suggested he send me a letter of recession and phone you for a site visit to confirm the connection. After your site visit and email confirming the connection, I told Mr. Cilone we would rescind the permit. At your convenience please keep me informed. Thanks Bob Guerra Environmental Specialist -2 NPDES-West ARO Regional Contact Phone: 919-807-6387, fax 919-807-6495 1617 Mail Service Center Raleigh, NC 27699-1617 Express mail: 512 North Salisbury St. Raleigh, NC 27606- Messages to and from this address are subject to the N.C. Public Records law. Before printing this email, please consider your budget and the environment. `] If you must print, please print only what you need and save ink with the free Eco-Font. Link to the NC Division of Water Quality: htt p:Hwww. n cwate rg u a l itV. o rp/ Link to NC Stream Classifications: http://h2o.enr.state.nc.us./bims/reports/reportsWB.html 3 Fair Havdn Home C E. VIV 149 Fairhaven Drive. Bostic, NC 28018 .: JAN 7 .2010 828-245-9095 1/5/2010 < ASHEVILLE FIEGIUIVA� JS North Carolina Department of Environment and Natural Resources :a Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Fair Haven Rest Home WWTP Rutherford County To Bob Guerra or Whom It May Concern: Please be advised that Fair Haven Rest Home has closed the operations of its waste treatment -plant. Fair Haven_ is no longer treating waste water on site. There has been no discharge from the plant since September 2009. Fair Haven Rest Home has connected sewer discharge to the Town of Forest City. Sincerely, 0�31L �'� J Cilone - Administrator Cc: Asheville Regional Office Roger Edwards 1 of 1 y WDENK North Carolina Department of Environment and Beverly Eaves Perdue Governor CERTIFIED MAIL 7009 1680 0002 2464 5725 RETURN RECEIPT REQUESTED Division of Water Quality Coleen H. Sullins Director December 28, 2009 Natural Resources Dee Freeman Secretary Mr. John Cilone Fair Haven Rest.Home 149 Fair Have Drive Bostic, NC 28018 Subject: NOTICE OF VIOLATION — NOV — 2009 - LR - 0070 Fair Haven Rest Home WWTP — NCO079448 Rutherford County Dear Mr. Cilone: This is to inform you that the Division of Water Quality has not received your October 2009 monitoring report. This is in violation of Part II, Condition D (2) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requires the submittal of Discharge Monitoring Reports (DMR) no later than the thirtieth (30th) day following the reporting period. Failure to submit reports as required or after the required reporting date will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit the October 2009 DMR report within fifteen days of receipt of this notice to avoid further enforcement actions. You are also required to notify the Division each time mailing or phone numbers are changed which relate to your NPDES permit. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or Discharge Monitoring Reports, please contact me at 919-807-6387 or by email at bob.guerra(cDncdenr.gov. Sincerely, Bob Guerra Western Region NPDES Unit cc: WQ_Asheville Surface Water -Protection -Supervisor — Central Files "- :F 9 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity l Af rmalive Action Employer R E C E U El D DEC 31 2009 1 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NorthCarolina Natllrally Alf •� r-' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. John Cilone 149 Fair Haven Drive Bostic, NC 28018 Coleen H. Sullins Director. SURFACE WATER PROTECTION SECTION July 14, 2009 Subject: NOTICE OF VIOLATION NOV-2008-LV-0304 . Permit No. NCO079448 Ell C G 8p' y Dee Freeman Secretary Fair Haven Home Dear Mr. Cilone: Rutherford County A review of Fair Haven Home's monitoring report for February 2009 showed the following violations: Parameter Date Limit Value Reported Value. Limit Type Fecal Coliform 02/18/09 400 #/100ml 500 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be -taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this Office for additional information. If you should have. any questions, please do not hesitate to contact Wanda Frazier or me at 828-296-4500. Sincerely, A Ze" l Roger C. Edwards, Regional Supervisor Enclosure Surface Water Protection Section cc: Bob Guerra — Compliance Enforcement WQ Central Files ore NoLCarolina ,q RO .files �rttur�r!!r� North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwaterguality.org FAX (828) 299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 29, 2009. JOHN CILONE FAIR HAVEN HOME, INC. 149 FAIR HAVEN DR BOSTIC NC 28018 SUBJECT: Payment Acknowledgment-' . Civil Penalty Assessment Fair Haven Home Permit Number: NCO079448 Case Number: LV-2008-0262 Rutherford County Dear Mr. Cilone: This letter is to acknowledge receipt of check number 7495 in the amount of $169.68 received from you dated April 17, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty -in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387'. cc: Central Files DW-Asheuilleo-.Re onal Office Supervi: Sincerely, ovonah Weeden D E V E If I APR 3 0 2009 WATER QUALITY SECTION .' ASHEVILLE REGIONAL OFFICE 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 \ Affirmative Action Employer One NorthCarolina Nawrally ALF;! y ��,� cc- NC NR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor. Mr. John Cilone 149 Fair Haven Drive Bostic, NC 28018 Dear Mr. Cilone: Division of Water Quality Coleen H. Sullins Director SURFACE WATER PROTECTION SECTION April 17, 2009 Dee Freeman . Secretary Subject: NOTICE OF VIOLATION NOV-2009-MV-0050 Permit No. NCO079448 Fair Haven Home Rutherford County A review of Fair Haven Home's monitoring report for January 2009 showed the following violations: Parameter Date Frequency Violation BOD,.mg/I Week of 1-18 thru 1-24 Weekly Failure to monitor weekly Total Suspended Solids, mg/I Week of 1-18 thru 1-24 Weekly Failure to monitor weekly Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DM provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828- 296-4500. Sincerely, �. Roger C. Edwards, Regional Supervisor Surface Water Protection Section cc: WQ Central Files Northcarolina "Bob Guerra, Western NPDES Point Source Compliance Enforcement Uturalff 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 MCC NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director Mr. John Cilone 149 Fair Haven Drive Bostic, NC 28018. Dear Mr. Cilone: SURFACE WATER PROTECTION SECTION April 17, 2009 Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2009-MV-0050 Permit No. NCO079448 Fair Haven Home Rutherford County A review of Fair Haven Home's monitoring report for January 2009 showed the following violations: Parameter Date Frequency Violation BOD, mg/I Week of 1-18 thru 1-24 Weekly Failure to monitor weekly Total Suspended Solids, mg/I Week of 1-18 thru 1-24 Weekly Failure to monitor weekly Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DM provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you should have any questions, please do not hesitate to contact Wanda Frazier or me at 828- 296-4500. Sincerely, Roger C. Edwards, Reg naio I Supervisor Surface Water Protection Section cc: WQ Central Files North Carolina Bob Guerra, Western NPDES Point Source Compliance Enforcement Naturally 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 Michael F. Easley, Governor ' William G. Ross Jr., Secref4ry North Carolina Department ironment and Natural Resources Coleen H. Sullins, Director EFILE yp ®rY Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION August 5, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 2547 Mr. John Cilone Fair Haven Home 149 Fair Haven Drive Bostic, North Carolina 28018 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-2'15.1(a)(6) and NPDES Permit NCO079448 Fair Haven Home WWTP Case No.. LV-2008-0262 Rutherford County Dear Mr. Cilone: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $165.00 ($100.00 civil penalty + $65.00 enforcement costs) against Fair Haven Home. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Fair Haven Home for the month of April 2008. This review has shown the subject facility to be in violation of the discharge limitations and/or ... monitoring -requirements found in NPDES Permit NC0079448. The violations which occurred in April 2008 'are. summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Fair Haven Home violated the terms, conditions or requirements of NPDES Permit NCO079448 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 against Fair Haven Home: r ne Carolina oNaturailb, North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone(8 �2403 Customer Service Internet: www.ncwateraualitv.org FAX (8281- 800 623-7748 O o`i ne 'l violations of G.S. 143-215.1(a)(6 j and NPDES Permit N,o. $.00 NC0079448, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No. $100.00 NC0079448, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. $100.00 - TOTAL CIVIL PENALTY $65.00 Enforcement Costs $165.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken.into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further - enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 statem" establishes why you believe the ci-L_ ? realty should be remitted, and'submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. _ The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission.. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS � ` � sheuil�le 1=�i�les w/ atta � , tints DWQ Central Files w/ attachments Bob Guerra/ DWQ Enforcement Files w/ attachments Water Quality Lab & Operations/ ORC w/ attachments G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\L V-2008-0262.79448.doc ` .IUD CATION FOR REMISSION RE(— -JST DWQ Case Number: LV-2008-0262 County: Rutherford Assessed Party: Fair Haven Home Permit No.: NCO079449 Amount Assessed: $165.00 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 t6 your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more.of the civil penalty assessment factors in N.C.G.S. 143B-282:1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took -to correct the violation and prevent future occurrences); (c) , the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) . payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the. activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CARD___ , A DEPART- T 1T OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FAIR HAVEN HOME WWTP 1 PERMIT NO. NCO079448 ) FILE NO. LV-2008-0262 Having been assessed civil penalties totaling $165.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 5, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days.from the receipt of the notice of assessment. This the day of 520 SIGNATURE ADDRESS TELEPHONE- ATTACHMENT A . . John Cilone CASE NUMBER: LV-2008-0262 PERMIT: NCO079448 FACILITY: Fair Haven Home COUNTY: Rutherford REGION: Asheville Limit Violations MONITORING OUTFALLf VIOLATION UNIT OF CALCULATED %OVER ' PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE. LIMIT VIOLATION TYPE $100.00 4-2008 001 Effluent BOD 04/16/08 Weekly mg4 45 63 40.00 Daily Maximum Exceeded $.00 4-2008 001 Effluent RES/TSS O4/16/08 Weekly mg/I 45 50 11.11 Daily Maximum Exceeded r'� Permit Enforcement History by Owner 07/29/08 1 Owner: John Cilone Facility: Fair Haven Home Permit: NCO079448 Region: Asheville County: Rutherford Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LV-2008-0262 4-2008 $100.00 $65.00 $165.00 No fr Total Cases: 1 $100.00 $65.00 $166.00 Total Penalties: $165.00 Total Penalties after remission(s): $165.00 EFFLUENT NP,DES PERMIT �Iq. NCO48 DISCHARGE NO. 01 �10NTH APRIL •Y��! 2008 FACILI Y NAME FalMaven CLASS COI;Iv`I_T R rdton - OPERATOR IN RESPONSIBLE CHARGE (ORC) J ALEXANDER -GRADE I _ PHONE (828) 898-6277 CERTIFIED LABORATORIES (1) Water Quality Lab & Operations, Inc.,II iti1l (, CHECK BOX IF ORC HAS CHANGED [ ] PERSON(S) COLLECTING SAMPLES J ALEXANDER Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES LJ DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER T� 7� RALEIGH, NC 27699-1617 (SIGGNATURE OF OPERATOR 5r.,9,'B - Ou CHARGE) (DATE) THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE D A T E P R E R R I q V TA O L R TIME 2400 P E R A T 0 R TIME ON SITE 0 � 0 N S I T E * 50050 00010 00400 50060 00310 00610 00530 31616 00300 00600 00665 0007 00095 00556 FLOW T E M C P E EL R S A l T U U S R E Ph R C E H S L l0 D R U I A N L E BOD 20C N M l m T MR O O NG I E A N S U S T S O OPL T E I AN D L D S E D F E C L C O L 1 F 0 R M EOMETRI " MEAN D I O S x SY 0 G L E V N E D N I T R 0 G E N I Total H 0 S P H O R U S Total T U R B I D I T Y 0 N D U C T I V I T Y 0 G I R L E A S. 8 E EFF x INF D q I L Y R A T E HRS HRS YIN MGD' C UNIT UGIL MGIL MGfL MG/L cfu/100ML MG/L MGIL MGIL NTU umhosfcm MG/L 1 Isis 1.0 Y 0.003 <1s 2 1000 1.0 Y 17.6 6.6 <15 7.0 0.50 4 < 1 3 1600 1.0 Y 4 800 1.0 Y 5 6 7 1200 1.0 Y 8 1700 1.0 Y 9 1030 1.0 Y <16 10 900 1.0 Y 0.002 18.1 6.6 <16 12.3 0.17 16 < 1 11 800 1.0 Y 12 13 14 1030 1.0 Y 16 1700 1.0 Y 16 840 1.0 Y 0.003 17.9 7.2 <16 63.0 16.40 50 200 17 1300 1.0 Y <16 18 800 1.0 Y - 19 26 21 1030 1.0 Y <16 22 700 1.0 Y 0.003 19.1 6.7 <16 7.0 0.90 3 < 1- 23 1100 1.0 Y 117 (,a -IL fir 24 1700 1.0 Y L_ 26 800 1.0 Y 26 27 28 1630 1.0 Y i 29 830 1.0 Y 0.003 18.5 6.2 <16 *01 12.3 1.06 26 < q 30 1600 1.0 Y <15 A.E j VII..0 31 AVERAGE 0.003 18 <15 20.3 3.61 20 3 MAXIMUM 0.003 19 7.2 <16 63.0 16.40 50 200 MINIMUM 0.002 18 6.2 <15 7.0 0.17 3 1 COMP. ©/GRAB G G G G G G G G MONTHLY LIMIT o.010 Sa 28 30146 30145 2001400 • • t, J Facility Status: (Please check one of the fo_ '. ' All monitoring data and sampling frequencies meet permit requirements �.., All monitoring data and sampling frequencies do NOT meet permit requirements 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. One daily non-compliance for TSS and BOO. Solids were wasted from the AB. The plant was compliant for the monthly limit. * = All QC not met. I do not feel that the data was effected. = Blank used too much D.O. # = Seed failed A = GGA failed "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 persons 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 " Jadd Brewer 149 Fairhaven Drive, Bostic, NC 328-245-9095 7/31/2003 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00666. Oil and Grease = 00950 Dissolved Fiouride 01077 Silver 39516 PCPS 00065 Steam Stage 00600 Total Nitrogen 01002 Total Arsenic 01087 Total Vanadium 39941 Roundup 00076 Turbidity 00610 Ammonia Nitrogen 01027 Cadmium 01092 Zinc 50047 Maximum Flow during 24-hr. period, 00300 Dissolved Oxygen 00626 Total Kjeldahl Nitrogen 01032 Hexavalent Chromium 01106 Total Aluminum 50084 Minimum flow during 24-hr. period 00310 BOD 00666 Total Phosphorous 01034 Chromium 01147 Total selenium 50050 Flow 00340 COD 00720 Cyanide 01037 Total Cobalt 31504 Total Coliform 60060 Total Residual Chlorine 00400 pH 00745 Total Sulfide 01042 Copper 31614. Fecal Coliform, MPN, Tube 71880 Formaldehyde 00500 Total Solids 00927 Total Magnesium 01045. Total Iron 31616 Fecal Coliform 71900 Mercury 00530 TSS 00929 Total Sodium 01061 Lead 32730 Total Phenolics 81318 Ferrocyanides 00545 Settleable Solids 00940 Total Chloride 01067 Nickle 38260 MBAS 85652 Time 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 requires per 16A NCAC BA .0202 (b) (5) (B). , —If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 26.0606 (b) (2) (D). RECeEIVED Information Processing Unit DWQ/BOG DIVISION OF WATER QUALITY - CIVIL PENALTY ASS?�'SMENT (FILE) Violator: Fair Haven Home WWTP/ NCO079448 County: Rutherford Case Number: LV-2008-0262 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; One Daily Maximum BOD exceeded permit limits by 40.00 One Daily Maximum Total Suspended Solids exceeded permit limits by 11.11 %. 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; It is unknown. 5) The amount of money saved by noncompliance; It is unknown. 6) Whether the violation was committed willfully or intentionally; It is unknown. 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 enforcement assessments in the past year (BIMS shows none at all). 8) The cost to the State of the enforcement procedures. $65.00. Date Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office co D WA Michael F. Easley, Governor 1— William G. Ross Jr., Secretary North Carolina Department o�)Division onment and Natural Resources T. 'i LE. COPY Coleen H. Sullins, Director of Water Quality QG" Asheville Regional Office SURFACE WATER PROTECTION SECTION Mr. John Cilone Fair Haven Home 149 Fair Haven Drive Bostic, North Carolina 28018 Dear Mr. Cilone: July 3, 2008 SUBJECT: Compliance Evaluation .Inspection Status: Compliant Fair Haven Home WWTP Permit No: NCO079448 Rutherford County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 25, 2008. The facility appeared to be in compliance with permit NC0079448. Mr. Alexander is doing a fine 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, Ext. 4667. Sincerely, J. t Cantwell.. Environmental Specialist Enclosure hevfll Ei s D W Q Central-FI es Water Quality Lab & Operations/ ORC w/ attachment G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\79448-CE1.08.doc one NCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 C -United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 2046o 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 I5I 31 NCO079448 111 121 08/06/25 117 181CI 19U LJ 201 l U U Remarks 211IIIIIIIIIII1111 lllI-IIIIIIIIII1IIIIIJill III.III16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA --- - - — — —Reserved---------- --- -- 671 169 701 I 71 UI 721 NI 73IW I 174 751 I I I I I Li 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 POTVV name and NPDES permit Number) 12:30 PM 08/06/25 05/05/01 Fair Haven Home Exit Time/Date Permit Expiration Date 149 Fair Haven Dr Bostic NC 28018 02:35 PM 08/06/25 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 Suzanne Hensley,149 Fair Haven Dr Bostic NC 28018/Administrator/828-245-9095/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance N Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) ` Agency/Office/Phone and Fax Numbers Date Janet Cantwell U' ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date V U." EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NCO079448 I11 121 08/06/25 117 18' _I Section D: Summary of Finding/Comments (Attach additiohal sheets of narrative and checklists as necessary) Jerry Alexander/ORC assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on 6/7/07 A review of the files indicates that the permit expires July 31, 2008. Page # 2 r' Permit: NCO079448 Inspection Date: 06/25/2008 Owner - Facility: Fair Haven Home Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ Cl ❑ 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 Cl 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? ❑ ❑ ■ ❑ 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? ■ ❑ ❑ Cl Is a copy of the current NPDES permit available on site? ❑ ❑ ❑ ■ Page # 3 Permit: NCO079448 Owner - Facility: Fair Haven Home Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ■ ❑ ❑ ❑ Is the basin free of excessive grease? ■ Cl ❑ ❑ Are all pumps present?, ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are float controls operable? ■ ❑ ❑ ❑ Are audible and visual alarms operable? ❑ ❑ ❑ ■ # Is basin size/volume adequate? ■ ❑ ❑ ❑ 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 ❑ 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? 110 ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ N. Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ Cl ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level?. ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■. ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Page # 4 1 l' ` Permit: NG0079448 Owner - Facility: Fair Haven Home Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ Cl ■ ❑ Is the return rate. acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ 0 ❑ ❑ Is the sludge blanket level acceptable? (Approximately %< of the sidewalf depth) ❑ ❑ ❑ ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? Is the level of chlorine residual acceptable? ■ 0011 Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ Cl Is there chlorine residual prior to de -chlorination? ■ 0.0 ❑ 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? ■ ❑ ❑ ❑ Are tablet de -chlorinators operational? ■ ❑ ❑ ❑ Number of tubes in use? Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ❑ ❑ ❑ ■ Are the receiving water free of foam other than trace amounts and other debris? ❑ ❑ ❑ ■ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ ❑ ■ Page # 5 r i " Permit: NC0079448 Owner - Facility: Fair Haven Home Inspection Date: 06/25/2008 Inspection Type: Compliance Evaluation Effluent Pipe Yes No NA NE Comment: Mr. Alexander and I were not able to locate the effluent discharge pipe which is somewhere across the road from the facility. Mr. Alexander stated he will locate the dischage pipe. Page # 6 \N ` ` s FILE r_ o � \` Michael F. Easley, Governor p�� t 1 William G. Ross Jr., Secretary C 0 INoBth Carolina department of Environment and Natural Resources SURFACE WATER PROTECTION SECTION June 9, 2008 CERTIFIED MAIL .RETURN RECEIPT REQUESTED. 7002 0460 0001 9899 8153 Mr. John Cilone Fair Haven Home 149 Fair Haven Drive Bostic, North Carolina 28018 Subject: NOTICE OF VIOLATION NOV-2008-LV-0264 Permit No. NC0079448 Fair Haven Home WWTP Rutherford County Dear Mr. Cilone: Cohen H. Sullins, Director Division of Water Quality Asheville Regional Office A review of Fair Haven Home's monitoring report for March 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended 03/26/08 45 mg/I 59 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, D Roger C. Edwards, Regional Supervisor Surface Water Protection Section c: ► •Asheville Files " Q Central Files Bob Guerra/ DWQ Enforcement Files' Water Quality Lab & Operations/ ORC G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\79448.NOV-2008-LV-0264.doc Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 3t: www.ncwaterguality.org FAX (828)299-7043 None Carolina N AMM11y Customer Service 1-877-623-6748 a_ IN 4Michael F. Easley, Governor 0 9 William G. Ross Jr., Secretary �qNorth Card _ _'Oepartment of Environment and Natural Resources RFILE COPY Coleen K'Sullins, Director -i Division of Water Quality o Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mack McKeithan Fair Haven Home 149 Fairhaven Drive Bostic, North Carolina 28018 Dear Mr. McKeithan: April 1, 2008 7007 1490 0004 0713 9905 Subject: NOTICE OF VIOLATION NOV-2008-LV-0152 Permit No. NC0079448 Fair Haven Home WWTP Rutherford County . A review of Fair Haven Home's monitoring report for January 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 01/30/08 400 #/100ml 3,700 #/100mI Daily Maximum Exceeded k- Remedial actions, if not already implemented, should be taken to'correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation forthe subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, 4� Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office DWQ-SWP Central Files Bob Guerra/ DWQ-SWP Enforcement Files Water Quality Lab & Operations/ Jadd Brewer/ ORC G:\WPDATA\DEMWQ\Rutherford\79448 Fair Haven\79448.NOV-2008-LV-0152.doc One NorthCarolma Nalirra!!y 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 0 NCDENR .North Carolina Department of Environment and Natural Resources Division of Water Quality . . Michael F. Easley, Governor r " INilliam,G.'Ross,.)r., Secre#aryf Coleen H. Sullins Director March 12, 2008 ID (� n17 CERTIFIED MAIL ITEM 7002 3150 6003 1052-7567 lei V i RETURN RECEIPT REQUESTED t MAR 14 2008 Suzanne Hensley Fair Haven Home WATER QUALITY SEC`FION- 149 Fairhaven Drive ASIAEVILLE RE ;ZONAL OFFICE Bostic, NC 28018 - - ��. - .--. _t_-_�-.��-�.���-.ram. - i � .. •- ._L�� � _. __ Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit,NCO079448 Fair Haven Home Rutherford County Dear Permittee: The subject permit's expiration date is July 31, 2008. -Federal [40 CFR 122] and'state (15A NCAC 2H.0105(e)) regulations -require that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than February 2, 2008. . As of this date, the Division has not received -your renewal application. This is a violation of Part II. B. 10. of your permit, which states "Any permittee that has not requested renewal at least 180 days prior to expiration... will subject the permittee to enforcement procedures as provided in NCGS i43-215.6 and 33 USC 1251 et. seq.'". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than March 28, 2008. Use the enclosed checklist to complete your.renewal package. The checklist identifies the items you must submit with the permit renewal application. " If all wastewater discharge from your facility has ceased and you wish to rescind this. permit [or if you have any questions] please contact Charles H.. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, oAleen H. Sullins - cc: Central Files Asheviilile Reg7onal Office; urface Water Protection NPDES File' 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 1 512 North Salisbury Street, Raleigh, North Carolina 27604 NOrthCarohna . Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaverincmail.net Aawijilf� An Equal Opportunity/Affirmative Action Employer— 50%Recycled/10% Post Consumer Paper V NPDES Permit NCO079448 Fair Haven Home Rutherford County The following items are REQUIRED for all renewal packages: o 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. o The completed application form (copy -attached), signed by the permittee or an Authorized Representative. Submit one signed original and two,, copies. o If an A 6r zed,', Representative (such as a consulting engineer or environmental consultant) prepares the renewal package; submit written documentation showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). - o. 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 item must be submitted by Industrial or Municipal facilities discharcingindustrial process wastewater: o Industrial facilities classified as Primary Industries (see Appendices A-D Ao. Title 40 of the Code of Federal Regulations, Part 122) `must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If "the ' PPA cannot be completed by the time you complete your application package:, submit the. application package without the PPA.. Submit the PPA as soon as possible after- you receive,the completed analyses. The above requirement does NOT apply to non -industrial facilities. Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC .27699-1617` wArF- - G Michael F. Easley, Governor William G. Ross Jr., Secretary rth Carolin epartment of Environment and Natural Resources I 0 PAP Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Mack McKeithan Fair Haven Home 149 Fairhaven Drive Bostic, North Carolina 28018 Dear Mr. McKeithan: March 6, 2008 7002 0460 0001 9899 7057 Subject: NOTICE OF VIOLATION NOV-2008-LV-0119 Permit No. NCO079448 Fair Haven Home WWTP Rutherford County Asheville Regional Office A review of Fair Haven Home's monitoring report for December 2007 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 12/10/07 400 #/100m1 6,000 #/100m1 Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested . that.a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement actions for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact, this Office for additional information. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, _ C G��-z4 k - Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office cc: - ` p As�euiU Fri _ WQ-SWP Central Files Bob Guerra/ Enforcement Files Water Quality Lab & Operations/ ORC G:\WPDATA\DEMWQ\Rutheriord\79448 Fair Haven\79448.NOV-2008-LV-0119.doc NonrthCarolina 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 (i)Kiter Quality Lab & Operations, Inc. PO Box1167, Banner Elk, NC, 28604 Phone:828-898-6277 F4x:828-898-6255 Fairhaven NPDES # NCO079448 Mack McKeithan 149 Fairhaven Dr. Bostic, NC 28018 Here is your ANNUAL WASTEWATER TREATMENT REPORT (AWTR) along with a sample letter that you may send to your customers if you like. You may rewrite the sample letter to say what you wish to your customers. Please fill out the bold text in the sample letter if you wish to use it. A copy of the AWTR has been sent to the state, so you may not modify the AWTR. Thank you for letting us be of service to you, if you have any questions about the AWTR, feel free to call me at (828) 898-6277. Thank you again for your time. Sincerely, Paul Isenhour �� MAR 1 Laboratory Supervisor — G�TICN Water Quality Lab & Operations Inc. ITY s� "-rICE Q� Annual Wastewater Treatment Plant Report Fairhaven NPDES #: NCO079448 Date: 2/ 13/08 We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters every day. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Paul Isenhour at (828) 898-6277. We want our valued customers to be informed about their wastewater utility. Let us first take this opportunity to give you a brief description of a Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets full, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet form. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. PERFORMANCE The treatment plant did very. well last year. We are very pleased to report that there were no violations for the entire year. All of the samples that were taken for the plant were under the limits set be the State Division of Water Quality. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is- available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per the NOTIFICATION section above. ('aul Isenhour Date Laboratory Supervisor Water Quality Lab & Operations, Inc. C W A Michael F. Easley, Governor ;�' Q William G. Ross Jr., Secretary \0 G North Carolina Department of Environment and Natural Resources rColeen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTIONI'F '- L Et . June 19, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 7966 Mr. Mack McKeithan Fair Haven Home 149 Fairhaven Drive Bostic, North Carolina 28018 Subject: NOTICE OF VIOLATION NOV-2007-PC-0444 Compliance Evaluation Inspection Fair Haven Home WWTP Permit No. NCO079448 Rutherford County Dear Mr. McKeithan: Enclosed please find a copy of the Inspection Report from the inspection conducted 2007-06- 07. The. Compliance Evaluation Inspection was conducted by Janet Cantwell of the .Asheville Regional Office. The treatment facility was found to be in violation of Permit NCO079448 for the following: Inspection Area Compliance Issue Equalization Basin: Part II, Section C.2. Proper Operation and Maintenance Audible & Visual Alarms Reminder: The last permit issued to Fair Haven on December 1, 2003, included the following: r A Wastewater Management Plan requirement has been added. See A. (2.)of your NPDES permit for details. A guidance document for completing this analysis is attached. The plan is due to the Division not later than February 9, 2008. IVojtKarolina �11!!tllri7ll� 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 Mr. Mack McKeitha_n June 19, 2907 Page, Two Please refer to the enclosed Inspection Report for any additional observations and comments To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any,questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Attachment - eviEle 'le w/ t,# t trai �fes tt�ei�t�eRt i Bob Guerra, Enforcement Files w/ attachment Water Quality Lab & Operations/ ORC w/ attachment .-1 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 NI 2 U 31 NCO079448 111 121 0.7/06/07 117 181 rI 191 SI 201 J U 4- Remarks 211 1 1 1 Jill Jill 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 1 -1 l l l l l 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --- -- --Reserved---------------- 671 1 69 70I t— I 71I tyI 721 NI 73I—L1 I.74 751 I I I I_ I I 180 t 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 NPDEy permit Number) Fair Haven Home 10:20 AM 07/06/07 05/05/01 Exit Time/Date Permit Expiration Date 149 Fairhaven Dr Bostic NC 28018 11:00 AM 07/06/07 08/07/31 Name(s) of Onsite Representafive(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Suzanne Hensley,149 Fairhaven Dr Bostic NC Contacted 28018/Administrator/828-245-9095/ No 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/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 0A t - EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day 3� NCO079448 1 11 12I 07/06/07 17 Inspection Type 18U_� (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Joe Simmons/ORC assisted in the inspection. A review of the files indicates the permit will expire July 31, 2008. Please request a permit renewal 180 days prior to expiration. The Aeration Basin process control data on the day of inspection: Dissolved Oxygen: 2.95 mg/I Temperature: 26.4 degrees Celcius pH: 6.9 units The Effluent data on the day of inspection: Dissolved Oxygen: 2.16 mg/I Temperature: 26.2 degrees Celcius pl-I: 6.55 units The audible and visual alarms in the equalization basin need to be repaired. Reminder: The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. The service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500. Page # 2 Permit: NCO079448 Owner - Facility: Fair Haven Home Inspection Date: 06/07/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ iw ❑ 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? Iffy ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? Ifii ❑ ❑ ❑ Comment: / Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ®❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge M ❑ ❑ ❑ Judge, and other that are applicable? Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? IM ❑ ❑ Cl Is all required information readily available, complete and current? 6: ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ Il,M Are analytical results consistent with data reported on DMRs? ❑ Q Q III Is the chain -of -custody complete? Q ❑ Q to 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? ❑ ❑ ❑ Is the ORC visitation log available and current? ❑ ❑ I] Is the ORC certified at grade equal to or higher than the facility classification? III ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ®❑ ❑ ❑ Page # 3 Permit: NCO079448 Owner - Facility: Fair Haven Home Inspection Date: 06/07/2007 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ ■ Comment: Equalization Basins Yes No NA NE Is the basin aerated? ■ ❑ ❑ ❑ Is the basin free of bypass lines or structures to the natural environment? ■ ❑ Cl ❑ Is the basin free of excessive grease? ■ ❑ ❑ ❑ l Are all pumps present? ■ ❑ n 0. Are all pumps operable? ■ n n n Are float controls operable? ■ ❑ ❑ ❑ Are audible and visual alarms operable? n ■ ❑ ❑ # Is basin size/volume adequate? ■ n n ❑ Comment: Mr. Simmons stated he will have maintenance make repairs to the alarms. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? n n ■ ❑ Are the diffusers operational? ■ Cl Cl n 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) ■ n n ❑ Comment: DO was measured at 2.95 mg/I. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ 110 Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ n Page # .4 Permit: NC0079448 Owner - Facility: Fair Haven Home Inspection Date: 06/07/2007 Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Is the site free of evidence of short-circuiting? IN Cl ❑ ❑ Is scum removal adequate? ®❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ N9 ❑ Is the return rate acceptable (low turbulence)? ■ ❑ Cl ❑ Is the overflow clear of excessive solids/pin floc? ®❑ ❑ ❑ ' Is the sludge blanket level acceptable? (Approximately'/ of the sidewall depth) ❑ ❑ ❑ 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? 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? ■ ❑ ❑ ❑ Are tablet de -chlorinators operational? ■ ❑ Cl ❑ Number of tubes in use? Comment: Page; /f 5 :. Permit NCO079448 A. (I.) 'EFFLUENT LIi°MT-AT'IO S AND MONITORING gl IREIVIE1° TS During the period i.eginning on the. effect ve date of this peT_xut 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 beloiv: EF LUEMT "HARAC FERISTICS UMITS L rt ONITORING REQUiRSMcAl"S Monthly Average Weekly j Alierage Daily L Maximum Measurement Frouency Sample Type Sample Location' Flow / 0.010 MGD Weekly Instantaneous I or E 80D, 5-day, 202 C 30.0 mg/L 45.0 mg/L Weekly Grab E Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab E NH3 as N 2/Month Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab E Total Residual Chlorine 28 Ng/L 2/Week Grab E Temperature (°C) Weekly Grab E pHz Weekly Grab E Footnotes: 1. Sample locations: E-Effluent, I -Influent 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 foarn in other than trace amounts Permit NC007944V A. (2.) W ASTHWATER MiANA. GEMENT PLAIN No later than February 1, 2008, the permittee shall submit -to the Divisions a waste -water management plan. The plan shall include, at a minimum, the following eiements: A ternativzs analysis. Conduct a technical and economical evaluation c wastewater disposal alternatives, specifically including connectiot to the Forest CibT Regional System, which is scheduled to be operational by May 2004. The analysis and report should be consistent with guidance provided by the Division. Subnut analysis to Regional Water Qualit;J Supervisor, Permit No. NC0079448 = S T ATE OF NORTH CARO`LINA 1DEPAR T MENT OF ENVIRONMENT AND NATURAL RE.SOURCE-S DIVISION OF WATER Ct,�ALITY FERI`✓1I TO DISCHARGE'AlASTEWATE.R UNDER THE NATIONAL POLLUTANT DISCI'-?A.RGE E! IMINATION 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, Mack McKeithml is hereby authorized to discharge wastewater from a facility located at Fair Haven Home 149 Fair Haven Drive Bostic Rutherford County to receiving waters designated as Webbs 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 January 1, 2004. This permit and authorizppon .to..,discharge shall expire at midnight on July 31, 2008. Signed this day December 1, 2003."4 j")rV1 :4-c 1 ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission C zF vv A T`- NCNNR :`vas. Suzanne f-lensie,, r�air Haven Home 149 Fair Haven Drive Bostic, North Carolina 2)S018 Dear Ms. Henslev: Michdel F. Ea- Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Wa er Quality December 1. 2003 Subject: Issuance of NPDES Permit NC0079-148 Fair Haven Home ',X^ti z P Rutherford County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are toiwarding the attached NPDES discharge pennit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). 2003. This final permit includes the following change from the draft permit sent to you on September 10, A Wastewater Management Plan requirement has been added. See A. (2.) for details, A guidance document for completing this analysis is attached. The plan is due to the Division not later than February 1, 2008. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to ,-ou, 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 Caiolina 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 \Vater Quality or perinits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be - required. If you have any questions concerning this permit, please contact Dawn Jeffries at telephone number (919) 733-5083, extension 595. Sincerely, ORIGINAL SIGN � �V Mark McIntire Alan \\,. Klimek, P.E. cc: Central Files Asheville Regional'Office/k'Cater Quahty Section NPDES Qnit ,nn1<n<P'C.vtia-netY+.as�•'�^ .nq, {{ _ BE t 2003 N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1 AS S' 1617 Mail Service Center; Raleigh, NC 27699-1617 fax: (919) 733-0719 L«,�•� —ff Internet: h2o.enr.slale,nc.us DENR Customer Service Center: 1 800 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Caro . _department of Environment and Natural Resources SURFACE WATER PROTECTION May 8, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2150 0005 2459 6011 . Mr. Mack McKeithan Fair Haven Home 149 Fairhaven Drive Bostic, North Carolina 28018 Dear Mr. McKeithan: Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office 3�'.:cT:S'.-:...i,••:d•�r.�T4.�'yN.il^w'3t':�«.�?Y..':!�V.rri`':A��.a=��- :Y.. Subject: NOTICE OF VIOLATION NOV-2007-LV-0246 Permit No. NCO079448 Fair Haven Home WWTP Rutherford County A review of Fair Haven Home's monitoring report for October 2006 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, M- 10/30/06 400 12,100 #/100ml Daily FC Broth,44.5C #/100ml Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality.may pursue enforcement action for this and any additional violations of State law. It was also noted that the "Facility Status Box" was checked -"Compliant" when in fact it should have been marked, "Noncompliant." If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, _ � is z��6 J_.. Roger C. Edwards, Regional Supervisor Surface Water Protection Q As evi i 41e- WQ Central Files. Bob Guerra / Enforcement Files Water Quality Lab & Operations / ORC 8? 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 NoorthCarolina AVaturallry �Watdr September 5, 2006 Quality 'Lab & OP Orations, tt PO Box 116), Banner Elk, NC, 28604 ii828-898-6277 Mr. Roger Edwards Water Quality Regional Supervisor Division of Water Quality 2090 US Highway 70 Winston-Salom,NC_2.7107 . Inc. Dear dwards, Fairhaven WWTP, ermit #NC0079448, exceeded the daily fecal maximum 6. The chlorine was adjusted after notification of the exceeded fecal. The samples taken after the adjustment were reported under the daily limits. I feel the adjustment corrected the problem. If there are any questions concerning this matter arise, please feel free to contact myself, Jadd Brewer, at Water Quality Lab and Operations, Inc, 828- 898-6277. Thank you for your time and consideration on this matter. gaddncerel I Br 'At Water Quality Lab and Operations �IIIIIIIIIIIIIIIIIIIIIIIIEIIIIIOI 7002 NCoof I : 19 0 0 U.S. Posfef�"'k`I !� o �0�`1 0235$05 ■210 MAR 07 2008 o U) { N r Oi 3 4 8 3 MAILED FROM ZIP CODE 28778 I m r "X,,- --NE-,N C 7 MAC KMK C EITHAN / FAIR HAVEN HOME 149:'FAIRbAVEN..DR CERTIFIED MAIL BosTlc NC zsols RETURN RECEIPT RE VESTED lnl,llnl,llnnnlllnlnnll� North Carolina Depart Environment and Natural Re: !` Division of Water Surface"Water Protection 0 U.S. Highway 70, Swannanoa, NC °s '"TICE is NOTICE �ji-T RNED RETURN TO SENDER UNCLAIMED Uh ADLE TO FORWARD SC: 20779021190 *2749-00253-07-42 f[H jl i i it ■ C to items 1, 2, and 3. Also complete a lure ite if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse El Addressee so that we can return the card to you. _R "� i„-h„"ccanr� Name) C. Date of Deliver) ■ n- North Carolina Department of Environment and Natural Resources �Ifferentfrom item 1? ❑ Yes Division of Water Quality ,ry address below: o ��•'' Surface Water Protection Section i NC®ENR 2090 U.S. Highway 70, Swannanoa, NC 28778 JOHN CILONE FAIR HAVEN HOME -149 FAIR HAVEN DRIVE- BOSTIC NC 28618 NC, o 3. rvice Type ,000Certlfied Mail ❑ Express Mail ❑ Registered VRetum Receipt for M ❑ Insured Mail ' ES C.O.D. 4. Restricted Delivery? (Extra Fee). ❑ 70-06 ?34'50 i 0 010 2i i764 € 2547, ;; Ii - iU 4,(,Yj b � PS Fnrm RA11 FPhrimm 9nnd nnmastin Rptiim Pan Int in9SOS19JkA.15d .......... UNITED STATES POSTCHAAL! SE'E fir - assMi Pei p. • Sender: Please print your name, address, an6 21P+4=i�_this box • JANET CANTWELL Z NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWAN NANOA NC 28778 00 �461 X"U, II!!!ti1JJ1'!liflffS'!llf. fJ!!!l11�1if�llfllf'If ! lIfitfit ■ C�te items 1, 2, and,3. Also complete it , if Restricted Delivery is desired. ■ 'Print.yourname and address -on the reverse ' so that we'can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if sDace Dermits. 1. Article Addressed to: COMPLETE THIS SECTION ON ,. ELIVERY A Signature t% 8 X -Agent ❑ Addres B. Recel by (Print,ed Name) C. at of Deliv �i I D. Is delivery address different from i m 1? ❑ Yes If YES, enter delivery address below: B1q_0 ate, JOHN CILOINE our \ $ FAIR HAVEN HOME f,- 7 149 FAIR HAVEN DRIVE ,f BOSTIC NC 28018 i 3. Service Type L i XCertifled Mail ❑ Express Mail - U T"istered 40 ReturnReceipt for dis ❑ Insured Mail0-G.O.D. 4. Restricted Delivery? (Extra Fee) ❑ 7ao2_� g746af 000-1 `(8q9 815311 f r ov -Li ba-CQ PG Fnrm SR11 FPhmnry gnnd nnma tin Ratnm Rer.Pint tn9545119_kA tad( UNITED STATES(iC��I"'"ro' • Sender: Please print your name, address, 1 JANET CANTWELLj, NCDENR-DWQ-SWP$ 2090 U.S. HIGHWAY 70 SWANNANOA NC 287.78 3n� +4 it his b' � ! o 0 ) o N cw v F— O f LLR-� cl 11 Cj 111] �! ,rr RIM Q LII U Ohrere— 9.I, 1��1311ulrittili�sili�t{+h�iiiiitie�i114tt1Titl�ill�t�lis� 9 ■ Complete items 1, 4 and 3. Also complete A item 4 if Restricted Delivery is desired. � ; f ■ _Erin_ t vour_name_and address on the reverse X� North Carolina Department of 1 Environment and Natural Resources Division of Water Quality R Surface Water Protection Section 2090 U.S. Highway 70, Swannanoa, NC 28778 <s 13KEITHAN FEN HOME 14 AFRHAVEN DRIVE BOSTIC NC 28018 ov ❑ Agent ❑ Addressee ate of Deliver) `event from item 1? ❑ Yes address below: ❑ No 75 3. SType Certified Ma�[�Zress Mall ,dum Receipt for ❑ Insured MailC.O.D. 4. Restricted Delivery? (Extra Fee) 70.O7 q11-90 10001411071,3i1990511 n 3t31 t_1FPhn1ear!, 966r 11 111 nnm.'-01 !RPtum Pars int i niricri.ni.Wl1 9.d EN UNITED XlQ-" '.2 I i 'Selider: Piease—' t " our name, address, and ZIP+4 in this box • r7 M I 1 JANET CA NITWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ Mete items 1, 2, and 3. Also complete A signature item 4 if Restricted Delivery is desired. ent ■ Print your name and address on the reverse X ❑ Addresse so that we can return the card to you. B. Received by (Printed Name Date of Deliver ■ Attach this card to the back of the mailpieee._ . North Carolina Department of: - Environment and Natural Resources; different 'item 1?' :O Yes 2090 U.S. Highway70, Swannanoa, Nc 287786ryaddress below' []-No NCDENR roc. o 1 8� 1 S o t4 ri C Z" rJ MACK.MCKEITHAN FAIR HAVEN HOME i 3jre rtifiedMail ❑ Express Man14c FAIRHAVEN DRIVE gistered alum Receipt for Mercha 's -BOSTIC NC 28018 , ' El Insured Mail .o.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 70061f34;'Sp 000r2 :7064 7986 3c r.,..,, '2Ri 1 onnn osi...., o,,.. ; �� UNITED STAT &- ry �ww�3•^JY y`Lt�.'fi..�- f�+1 li.., 1;�.��,s.�.�A M4 :d • Sender: Please print your name, address, and ZI 4 in this 4; m� f � Imo C mp � 4ANET.CANTVyELL .s•NtiD�IJP,-IZWq-SWF �4j SWANNAiJOA NC 28770 � ■ it lete items 1, 2, and 3. Also complete A. Signature itif Restricted Delivery is desired. ' 1;/� ❑ Agent ■ Pri our name and address on the reverse X Gi%2�`�'�(� Addresses `so that we can return'the'card to you. B. Received by (Pdnted'Name) C: Date -of Deliver ■ Attach this card to the back of the mailpiece;"�/ h/, or .� _ w! North Carolina Department of E from item 1? ❑ Yes 1• r .' Environment and- Natural Resources'•ess below- ❑ No — — �%rA 2090 U.S. Highway 70, Swannanoa, Nc 28778i .�.� .�. NCDENR IJc?.o-r7_q 4 41 TACK MCKEITHAN -FAIR HAVEN HOME 1.49 FAIRHAVEN DRIVE =, � 130STIC NC 28018 3. Be ' e Type Certified Mail ❑ ress Mail Registered etum Receipt for Merchandise ❑ Insured Mail ❑ D. 4. Restricted Delivery? (Extra Fee) { 7�� +s1 511, 40[lS }245 �11;iii► luU , i �l �l1,-02�f 00 C...... 4A11 r k...., nnne n ,: o a..... o,..., 1i UNITED STAT�!.P 10 KAY-2007 P1-4 ',5, Ill Ow Zz". 0 Sender: Please print your name, address, and ZI < F: M rn JANET CANTWELL M c: M > NCr)EN.R-r,WQ-9W- Fz� 2090 U.S. HIGHWAY 70 D SINANNANOA PIC 2V118 -< c/) F— M 0 0 -n 0 B-Bs 1111111111111111111 fill 11 1111 11111111 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES Division of Water Quality 59 Woodfin Place Asheville, North Carolina 28802 March 24, 1997 MACK MCKEITHAN FAIRHAVEN HOME ROUTE 1, BOX 398 BOSTIC NC 28018 SUBJECT: Notice of Violation - Effluent Limitations -.NPDES No. NCO079448 FAIRHAVEN HOME RUTHERFORD County Dear MACK MCKEITHAN: Review of subject self -monitoring report for the month of December, 1996-revealed violation(s) of the following parameter(s): Reported Limits Pipe Parameter Value/Unit Value/Type/Unit 001 50050 Q/MGD .0160 MGD .0100 FIN MGD Remedial actions, if not already implemented, should be taken to correct the problem(s). The Division of Water Quality may pursue enforcement actions for this and any additional violations of State Law. If you have questions or if you need -assistance-, please call Forrest R. Westall, Regional Water Quality Supervisor, at 704/251=6208. Sincerely, Roy Davis Regional Supervisor cc: Central Files GKBDEX96/BL c. _ I 1 1 February 19, 1993 MACK MCKEITHAN FAIRHAVEN HOME ROUTE 1, BOX, 398 BOSTIC, NC --,28018 Subject: NPDES PERMIT NO. NC0079448 RUTHERFORD COUNTY Dear Permittee: The subject permit issued on 12/31/90 expires on 11/30/93. 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 facility is 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. 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 (919) 733-5083. Sincerely, original SigrAd BY Ween K sulms Coleen Sullins, P.E. Supervisor, NPDES Permits Group cc: whew"''-i�1�1e�Ra �n1�Qrffice Permits and Engineering Unit Central Files J STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES Division of Environmental Management 59 Woodfin Place Asheville, North Carolina 28802 January 26, 1993 MACK MCKEITHAN ROUTE 1, BOX 398 BOSTIC NC' 28018 SUBJECT: Notice of Violation - Effluent Limitations NPDES No. NCO079448 FAIRHAVEN HOME RUTHERFORD County Dear MACK MCKEITHAN: Review of subject self -monitoring report for'the month of November, 1992 revealed violation(s) of the following parameter(s): Reported Limits Pipe Parameter Value/Unit Value/Type/Unit -001 50060 CHLORINE .170 MG/L .028 FIN MG/L 001 31616 FEC COLI 250.0 #/100M 200.0 FIN #/100M Remedial actions, if not already implemented, should be taken to correct the problem(s). The Division of.Environme_ntal Management may pursue enforcement actions for this and any additional violations of State Law. If you have questions or if you need assistance, please call this office at 704/251-6208. Sincerely, Roy Da is Regional Supervisor CC: Central Files GKBDEX96/BL