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NC0063932_Regional Office Historical File Pre 2018 (2)
Performance Annual Repo General Information Facility/System Name White Forest NC DEN! DWQ.WSurf(e Responsible Entity: White Forest WWT Trust Person in Charge/Contact: Aqua North Carolina, Inc. is contract operator Applicable Permit (s): NC0063932 Description of Collection System or Treatment Process: This 0.017 mgd wastewater treatment facility consists of a bar screen, aeration tank, clarifier, aerated sludge holding tank and chlorination, and de -chlorination. II. Performance Text Summary of System Performance for Calendar Year 2007: The plant generally performed well and met all effluent limits Aqua discontinued operation of the plant in October 2007 List (by month) any violations of permit conditions regulations. Monthly lists should include discussion of any environmen impacts and corrective measures taken to address violations. IC D E N R- WATER QUALITY POINT SOURCE BRANCH fl January rCompliant February Compliant March Compliant April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant III. Notification The system owner was mailed a copy of this Annual Report to be made available to the customers of White Forest. A copy of this report is also available in Aqua, North Carolina's Customer Service office. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. �e�'�Ct�1IcNj Date: Responsible Person Title: Regional Manager, Engineering & Compliance Entity: Aqua North Carolina dba Heater Utilities, Inc. Performance Annual ReportB General Jnformation Facility/System Name White Forest Responsible Entity: White Forest Trust Person in Charge/Contact: Aqua North Carolina, Inc. is contract operator Applicable Pennnit (s): NC0063932 Description of Collection System or Treatment Process: This 0.017 mgd wastewater treatment facility consists of a bar screen, aeration tank, clarifier, aerated sludge holding tank and chlorination. In order to comply with new permit limits for residual chlorine, a tablet dechlorination unit was installed May 30, 2006. II Performance Text Summary of System Performance for Calendar Year 2006: The new residual chlorine permit limit became effective on January 1, 2006. The new limit was exceeded until the dechlorination equipment was installed. This resulted in the issuance of (2) notices of violation from the Division of Water Quality. There was also (1) total suspended solid (TSS) exceedance. List (by mon regulations. impacts and January February March April May June July August September October th) any violations of permit conditions or other environmental Monthly lists should include discussion of any environmental corrective measures taken to address violations. The residual chlorine limit of 28 ug/1 was exceeded on 9 occasions with results ranging from 500 ug/1 to 1900 ug/l. The residual chlorine limit of 28 ug/1 was exceeded on 7 occasions with results ranging from 800 ug/1 to 1900 ug/1 The residual chlorine limit of 28 was exceeded on 10 occasions with results ranging from 1250 ug/1 to 1950 ug/1 The residual chlorine limit of 28 ug/1 was exceeded on 8 occasions with results ranging from 1110 ug/1 to 1920 ug/l. NC Division of Water Quality issued a Notice of Violation and assessment of civil penalty for the (9) residual chlorine exceedances in January 2006. The residual chlorine limit of 28 ug/1 was exceeded on 8 occasions with results ranging from 650 ug/1 to 1950 ug/1 A tablet dechiorination unit was installed May 30, 2006. Compliant Compliant Compliant The TSS result of 46 mg11 exceeded the permitted daily allowable limit of 45 mg/l. NC Division of Water Quality issued a Notice of Violation for failure to obtain an Authorization to Construct permit prior to installing the dechiorination unit in May 2006. Compliant November Compliant December Compliant III. Notification The system owner was mailed a copy of this Annual Report to be made available to the customers of White Forest. A copy of this report is also available in Aqua, North Carolina's Customer Service office. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Date: 02/07/07 Responsible Person Title: Regional Manager, Engineering & Compliance Entity: Aqua North Carolina, Inc. JA_ North Carolina August 15, 2007 Department of Environmental Health ATTN: Mooresville Regional Office 610 East Center Avenue, Mooresville, NC 28115 Aqua North Carolina, Inc. 4163 Sinclair Street Denver, NC 28037 RE: Termination Contract Operations Silverton —Water and Wastewater (PWSID 01-13-219) White Forest — Wastewater (NPDES NC0063932) T: 704.489.9401 F: 704.489.9409 www.aquanorthcarolina.com Effective 11:59 PM on Friday, September 14, 2007, Aqua North Carolina, Inc. will terminate contract operations for the Silverton water and wastewater systems and the White Forest wastewater system. Pace Utilities (Silverton) and White Forest WVVf Trust (White Forest) have been notified via United Parcel Service and facsimile. Should you have any questions, or need clarification, please feel free to contact us at 704-489-9404. Thank you, Gary Moseley Western Regional Manager GRM/pp Enc C: Tom Roberts, President, Aqua North Carolina, Inc. Tony Parker, Area Manager, Aqua North Carolina, Inc. An Aqua America Company UA. North Carolina August 15, 2007 DENR Division of Water Quality ATTN: Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Aqua North Carolina, Inc. 4163 Sinclair Street Denver, NC 28037 RE: Termination Contract Operations Silverton — Water and Wastewater (PWSID 01-13-219) White Forest — Wastewater (NPDES NC0063932) T. 704.489,9401 F: 704,489,9409 www,aquanorthcarolina.com Effective 11:59 PM on Aqua North Carolina, Inc. will terminate contract operations for the Silverton water and wastewater systems and the White Forest wastewater system. Pace Utilities (Silverton) and White Forest WVVT Trust (White Forest) have been notified via United Parcel Service and facsimile. Should you have any questions, or need clarification, please feel free to contact us at 704-489-9404. Gary Moseley Westem Regional Manager GRM/pp Enc C: Tom Roberts, President, Aqua North Carolina, Inc. Tony Parker, Area Manager, Aqua North Carolina, Inc. An Aqua America Company Michael F. Easley, Govern William G. Ross Jr., Secretary North Caro na Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 6, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8493 0591 Mr. H. E. Mullis 8033 Hood Road Charlotte, North Carolina 28215 Subject: Notice of Violation - Effluent Limitation Tracking #: NOV-2007-LV-0084 White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County Dear Mr. Mullis: A review of the September 2006 self -monitoring report for the subject facility revealed a violation of the following parameter for Outfall 001: Date Parameter Reported Value 9/5/06 Total suspended solids 46 mg/1 Permit Limit 45 mg/I (Daily maximum Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit 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 Ms. Marcia Allocco. 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 Ms. Allocco of this Office for additional information. AT 'A NCDENR On Nrararaollii;a Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaternuality.org, 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Mr. H. E. Mullis February 6, 2007 N©V-2007-LV-0084 Page 2 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, Michael Parker Acting Regional Supervisor Surface Water Protection cc: Point Source Branch Mecklenburg County Water Quality Program MA Michael F. Easley, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 17, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 8919 H. E. Mullis 8033 Hood Road Charlotte, NC 28215 Subject: Permit Rescission Process White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County Dear Mr. Mullis: Alan W. Klimek, P„E, Director Division of Water Quality It is our understanding, based upon prior communication with you and from the content of your September 18 letter to the North Carolina Utilities Commission, that when municipal sewer service becomes available to your area you intend to cease operation of the White Forest WWTP. It is our further understanding that Charlotte -Mecklenburg Utilities (C-MU) has initiated actions to provide wastewater service to the area treated by the White Forest WWTP. C-MU has informed this Office that, by its best estimation, the sewer extension project will not be completed until April 2007. The Division of Water Quality is supportive of all parties' efforts to facilitate the elimination of the White Forest WWTP discharge and wishes to assist you as you work toward that goal. However, while the White Forest WWTP remains in operation, the Division of Water Quality expects that all requirements of the subject permit will be met. To that end, the following is a summary of items you should be aware of as you approach the closing of the facility. Part III, Section E of the White Forest NPDES permit lists the following requirements for facility closure. "The permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by the permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State." The details of such "specific measures" are determined by the characteristics of the individual facility. In this case, they must be established through coordination with the Surface Water Protection Section staff of the Mooresville Regional Office. Although the extent of the measures has yet to be determined, it is certain they will include removal and proper disposal of all wastewater and sludge at the facility. • After all flow has been diverted to the C-MU system and the White Forest WWTP has been satisfactorily deactivated, you should request that the NPDES permit be rescinded. Your request for permit rescission should be directed to the Division of Water Quality, which is the permitting agency and the only entity having authority to rescind the permit. Your request should not be made to the North Carolina Utilities Commission. NCDENR Mooresville Regional Office Division of Water Quality Internet: www,610 East Center Ave, Suite 301 Mooresville, NC 28115 N Caro ina Naturally Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirrnative Action Employer — 50% Recycled110% Post Consumer Paper Mr. H. E. Mullis Page 2 November 17, 2006 Your rescission request should be sent to: Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699 — 1617 Please be advised the above is not intended to be an all-inclusive list of actions you will need to take, but a general description of activities you will need to be aware of as you make future plans. With proper coordination and directed action, this should be a relatively simple process. We look forward to working with you in this effort. You are reminded again, however, that until the facility is decommissioned and the permit rescinded, you are responsible for complying with all monitoring, reporting and operational requirements contained in the NPDES permit. If you have any questions, you may contact Ms. Marcia Allocco in the Mooresville Regional Office at (704) 663-1699 or Mr. Bob Sledge with the NPDES Unit in Raleigh at (919) 733-5083, extension 547. Sincerely, Michael L. Parker Surface Water Protection Acting Regional Supervisor cc: Point Source Branch Mecklenburg County Water Quality Program Mike Meyers Aqua North Carolina, Inc., Compliance and Engineering Manager P© Box 4889, Cary, NC 27519 Michael F. Easley. Governor William G. Ross Jr-, Secretary North Carolina Department of Environment and Natural Resources October 11, 2006 CERTIFIED MAIL 7003 0500 0002 6814 3755 RETURN RECEIPT REQUESTED Mr. Gene Mullis White Forest WWT Trust 116-J Freeland Lane Charlotte, NC 28217 SUBJECT: Final Notice - Delinquent Annual Fee White Forest WWTP NPDES Permit NC0063932 Mecklenburg County Dear Mr. Mullis: Alan W. Klimek, P.E. Director Division of Water Q.ual(tty„ OCT 1 All NPDES permittees must pay an Annual Compliance Monitoring Fee. The fee requirement is documented in your current permit at Part II. B. 14. Your annual fees for the periods February 1, 2005 — January 31, 2006 and February 1, 2006 — January 31, 2007 have not been paid. The amount owed is $1,430.00 ($715.00 for each year); copies of the invoices previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit, as documented in part II. B. 13 and II. B. 14. This matter must be promptly resolved. This letter serves as final notice that the Division will refer the fee[s] noted above to the North Carolina Attorney General's Office for collection through the courts unless payment in the amount of $2,865.00 is received by November 1, 2006. Make checks payable to NC DENR; include the permit number[s] for which you are submitting payment on the check. If you have evidence that the fee has already been paid, please contact me by phone at (919) 733-5083, extension 547 or via e-mail at bob.sledge@ncmail.net. Sincerely, -erf- Robert L. Sledge Western NPDES Unit cc: Central Files NPDES File Mooresville Regional Office — SWP Section DWQ Budget Office - Fran McPherson North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper No Carolina �turalr/!f Customer Service 1-877-623-67481 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Permit Fee 200 PR00229 9 Overdue This annual fee is required by the North Carolina Administrative Code, It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a S10,000 per day fine, If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NC0063932 Mecklenburg County White Forest WWTP Gene Mullis White Forest VVVVT Trust 116-J Freeland Ln Charlotte, NC 28217 Annual Fee Period: 2005-02-01 to 2006-01-31 Invoice Date: 03/17/05 Due Date: 04/16/05 Annual Fee: $715.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please corntact the Annual Administering and Compliance Fee Coordinator at 919-733-5083 extension 210 (Return This Portion With Check) ANNUAL PERMIT INVOICE 005PR002299 Overdue Permit Number: NC0063932 Mecklenburg County White Forest WWTP Gene Mullis White Forest WWT Trust 116-J Freeland Ln Charlotte, NC 28217 Annual Fee Period: 2005-02-01 to 2006-01-31 Invoice Date: 03/17/05 Due Date: 04/16/05 Annual Fee: $715A00 Check Number: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES INVOICE Annual Permit Fee 2 0 6 PROO 2 6 6 9 Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine, If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NC0063932 Mecklenburg County White Forest WWTP Gene Mullis White Forest VVWT Trust 116-J Freeland Ln Charlotte, NC 28217 Annual Fee Period: 2006-02-01 to 2007-01-31 Invoice Date: 03/16/06 Due Date: 04/15/06 Annual Fee: $715,00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-733-5083 extension 210 (Return This Portion With Check) ANNUAL PERMIT INVOICE 2006PR0 2669 Overdue Permit Number: NC0063932 Mecklenburg County White Forest WWTP Gene Mullis White Forest WWT Trust 116-J Freeland Ln Charlotte, NC 28217 Annual Fee Period: 2006-02-01 to 2007-01-31 Invoice Date: 03/16/06 Due Date: 04/15/06 Annual Fee: $715.00 Check Number: Michael F. Easley, Gove 0 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 13, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 8278 Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 SUBJECT: NOTICE OF VIOLATION Tracking #: NOV-2006-PC-0379 Compliance Evaluation Inspection White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County Dear Mr. Mullis: Alan W. Klimek, P.E. Director Division of Water Quality On August 10, 2006, Mr. Christopher Elmore of the Mecklenburg County Water Quality Program (MCWQP), along with Marcia Allocco and Donna Hood of the North Carolina DENR Division of Water Quality, conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation (NOV) because of the numerous monitoring violations of the subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Permit and Self -Monitoring Program sections of the attached report. Pursuant to G.S. 143-215.6A, a civil penalty of not more the twenty-five thousand dollars ($25,000) per violation per day may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1 It is requested that a written response be submitted to this Office by no later than October 12, 2006, addressing the deficiencies noted in the Permit and Self -Monitoring Program sections of the report. In responding, please address your comments to the attention of Ms. Marcia Allocco. At DE N Carolina �turalfy Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: w yw.ncwaterqualitv.or; 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10%a Post Consumer Paper Mr. H. E. Mullis Page 2 September 13, 2006 During the inspection the peiiiiittee disclosed that Charlotte -Mecklenburg Utilities (C- MU) had initiated actions to provide wastewater service to the area treated by the White Forest WWTP. A follow-up call to C-MU indicated this process would not be completed before approximately April 2007. Once all flow has been diverted from the White Forest WWTP to the C-MU system the peuiiittee needs to ensure that permit NC0063932 is rescinded. Part III, Section E of NC0063932 lists the requirements for facility closure. The permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by the permit. In order to rescind a NPDES permit the facility owner (or authorized representative) should send a letter including the permit number, name and address of the facility, and reason for the rescission request to the NPDES Permitting and Compliance Program at: Division of Water Quality NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699 — 1617 The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. Deactivation activities shall include the removal and proper disposal of all wastewater and sludge at the facility. The permit cannot be rescinded while any activities requiring this peiinit continue at the permitted facility. If you have any questions concerning this report or any other matters, please do not hesitate to call Ms. Marcia Allocco or me at this office. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP Neil Phillips President Aqua North Carolina, Inc. 700 N. Regional Rd., Greensboro, NC 27409 DRG/cfe/MA FILE: White Forest.NC0063932.0806 Transaction N United States Environmental Protection Agency, Washington, DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Code 5 NC Section A: National Data System Coding NPDES Permit No. YR/MO/DAY NC0063932 06/08/10 Inspection Form Approved OMB No. 2040-0003 R Approval Expires 7/31/85 Inspector Facility Type 2 Remarks: Inspector: Mecklenburg County Water Quality Program Inspection Work Days Facility Self -Monitoring Evaluation Rating 1.0 2 Name and Location of Facility Inspected: White Forest WWTP 8033 Hood Rd. Mecklenburg County, NC BI N Section B: Facility Data Name(s) of On -Site Representative / Title(s) / Phone No(s): Kevin Curl / ORC / Aqua North Carolina, Inc. (704) 788-9497 Entry Time: 01:30 pm Exit Time: 02:50 pm Date: August 10, 2006 QA N Permit Effective Date: July 1, 2004 Permit Expiration Date: November 30, 2008 Name and Address of Responsible Official: Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Eg Permit Z Records/Reports Z Facility Site Review Z Effluent/Receiving Waters Title: Owner Phone No. (704) 904-0178 Section C: Areas Evaluated During Inspection Flow Measurement LE Self -Monitoring Program Ej Compliance Schedules Z Laboratory Z Operations & Maintenance Sludge Handling/Disposal Pretreatment Program Stormwater Contacted? No Z Sewer Overflow O Pollution Prevention El Multimedia El Other: Section D: Summary of Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspector(s): Christopher Elmore Signature of Revi Agency/OfficefTelephone: MCWQP / (704) 336-5500 Agency/Office EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Date: August 10, 2006 Date: ID•• C‹,n7 GENERAL: The facility was last inspected by MCWQP on March 24, 2005. A Compliance Evaluation Inspection Report was issued as a Notice of Violation (NOV) on April 13, 2005. PERMIT: The previous permit became effective on January 1, 2001, and expired on November 30, 2003. The facility continued to operate under the previous permit requirements until June 30, 2004. A new permit was issued on July 1, 2004 and will expire November 30, 2008. A review of the permit payment history indicates that the annual permit fee for NC0063932 has not been paid for either 2005 or 2006. The existing 0.017 MGD facility is an extended aeration package wastewater treatment plant with a bar screen, aeration basin, rectangular clarifier, sludge holding tank, tablet chlorinator, and chlorine contact tank. Mr. Kevin Curl was the Operator -in -Responsible Charge (ORC) throughout the period of review. Mr. Curl maintains a North Carolina Operators Certification Grade IV, which is acceptable for the class of the facility. Mr. Curl's Certification Number is 9457. The NPDES permit NC0063932 for White Forest WWTP was issued on June 15, 2004. Part III, Section A requires that an Authorization to Construct (AtC) permit be issued before the construction of wastewater treatment facilities. During the inspection, it was discovered that a dechlorination system had been added to the White Forest WWTP immediately upstream of the effluent outfall. This addition is not reflected in the current permit and has not been reviewed in accordance with the approval procedure. Please provide the Mooresville Regional Office of NCDENR documentation as to the type of dechlorination facilities installed. During the inspection the permittee disclosed that Charlotte -Mecklenburg Utilities (C- MU) had initiated actions to provide wastewater service to the area treated by the White Forest P. A follow-up call to C-MU indicated this process would not be completed before approximately April 2007. Once all flow has been diverted from the White Forest WWTP to the C-MU system the permittee needs to ensure that permit NC0063932 is rescinded. RATING: Unsatisfactory RECORDS/REPORTS: Marcia Allocco reviewed the Discharge Monitoring Reports (DMR's) for the period January 2005 through January 2006. Details of this review will be discussed in the Self - Monitoring Program section of this report. Visitation and process control logbooks were reviewed on -site. All reviewed records appeared to be complete. RATING: Satisfactory FACILITY SITE REVIEW: All of the existing components of the facility were operational at the time of the inspection. The clarifier appeared murky and pin floc was noted. This problem had been observed during the previous inspections. During this inspection, the ORC stated that inflow and infiltration (I&I) from recent storm events might have impacted the treatment system. The discharge from the facility was clear during the time of the inspection. RATING: Satisfactory FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. A permanently attached staff gauge has been installed at the v-notch in order to ensure accurate, repeatable readings. LABORATORY: All compliance samples collected for analysis at the White Forest facility were submitted to Water Tech Labs, Inc. (NC State Certification #50) in Granite Falls, NC. Water Tech Labs, Inc. was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. The discharge from the facility was clear during the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period January 2005 through January 2006. The reports indicate that the facility was in compliance with monitoring frequencies and peiniit effluent limits, as monitored during the review period with one exception. An enforcement, LV-2006-0111, was issued in April 2006, for residual chlorine, daily maximum, limit violations that occurred in January 2006. To date neither a response letter or penalty payment has been received regarding the enforcement case. The ORC indicated that some sampling was performed before the discharge point of the system. Effluent sampling must be performed downstream of all treatment elements including the newly installed dechlorination treatment system. RATING: Unsatisfactory OPERATIONS & MAINTENANCE: Visual observations of the clarifier over the past three annual inspections (2003, 2004, 2005) appear to suggest that there may be ongoing problems with the operation of the package treatment system, possibly due to limited biomass or insufficient influent. However, the facility's effluent was clear during the inspection and with the exception of one residual chlorine limit violation, the facility has met all permit limits during the review period. You may contact the Mooresville Regional Office of the Division of Water Quality for additional guidance and information if necessary. RATING: Satisfactory SLUDGE HANDLING/DISPOSAL: The ORC reports that no solids have been wasted from the facility during the previous 4 periods of review. Piedmont Septic Service of Rowan County is the contracted septage hauler for this facility. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704/663-1699) as soon as possible but no later than 24 hours from the time the permittee becomes aware of the bypass. For spills/bypasses that occur in Mecklenburg County, it is requested that MCWQP be notified at 704/336-5500. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 800/662- 7956, 800/858-0368, or 919/733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of a collection system, pumping station, or treatment facility subjects violators to penalties of up to $25,000 per day per violation. Telephone 704.566.055 10-10-06 White Forest Wastewater Treatment Road 28215 Facsimile 704.567.2649 Mr. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division dffWater Quality 610 East Center Ave. Suite 301 Mooresville, N.C. 28115 Subject: White Forest WWTP NPDES Permit No. NC 0063932 Response Letter Tracking #: NOV-2006-PC-0379 Case No. LV-2006-0112 Case No. LV-2006-0166 Case No. LV-2006-0207 Case No. LV-2006-0294 Gentlemen: I agree with your unsatisfactory rating and once again enter a request to immediately abandon the White forest WWTP. It is not feasible to try to operate a WWTP for only three people - who don't want it. Our water ways are much more precious than a few homes which pose the opportunity for pollution. The effluence which enters the White Forest WWTP is pretreated by septic tanks to a grey water quality which should bring question to the logic of adding a dangerous chemical such as chlorine; particularly when the flow of effluence is too low and too sporadic to maintain a proper ug/l level. Then another chemical is needed to de -chlorinate the effluence, but now we have the probability of increased TDS. I suggest that the White Forest WWTP is caught -up in your ever -changing requirements for facilities of much larger capabilities and should be singled out to be allowed to operate by the requirements which have been sufficient for the past ten years. I am enclosing my letter to the State of North. Carolina Utilities Commission requesting to cease all operations and properly abandon all facilities offthe White Forest WWTP and for the rescission of the NPDES permit NC0063932. I am also enclosing a copy of the 2005 annual report which shows a negative operating shortfall of $21,898.58: a surety of non-support by those who dump their waste water into the White Forest system. That figure doesn't include my allowable wages of $12.30 per week nor the $1.92 per week for all other expenses which go unpaid because the perfect world of the Accounting Division has yet to be achieved. As the temporary operator of a North Carolina Utility, I can see that I am completely under your power. What you say, you say. What you do, you do. But there is seldom a match. I can only charge what you tell me to charge. You have set my rates. You have limited me to seven customers. There is not a way to make-up for lost revenues nor is there a way to pass additional costs and fees along to the customers: who are ultimately liable for all costs to provide them a service of necessity. Along with an 8.5% return. You haven't given your associates in Charlotte the information needed for me to properly disconnect a non -payer in a way to insure non -pollution. My four immigrant non -payers have realized how to flaunt your error. Non-payment is the only reason for discontinuing service; but in this situation there is no reasoning. Though you originally suggested abandoning a system with so small a participation, now you suggest no way of abandonment but for an alternative system. I am quite perplexed to be continuously working with these seven people in a way to allow them their domicile through a bad situation propagated by others while the State of North Carolina views me as a violator, while placing the whole burden of compliance to changing laws upon me without any compensation. It would be nice to see a benefit from what you do, but then, I guess you will do what you will do. Sincerely, HE Mullis White Forest WWTP White Forest Wastewater Treatment 8033 Hood Road Chablis, North Carona 72215 ne_704.566.0555 • Facsimie__ 704.567.2649 09-18-06 State of North Carolina Utilities Commission 4235 Mail Service Center Raleigh, NC 27699-5325 Docket # W-1157 Attn: Ms. Castlebury Gentlemen: Noting that the White Forest WWTP is operating at a woeful deficit; attempting to provide services to only seven customers of whom only three are making an effort to pay for those services and that C-MUD is in the beginning stages of construction of a parallel system designed to replace the White Forest WWTP: I am requesting permission to immediately cease all operations and properly abandon all facilities of the White Forest WWTP once flow has been diverted into the C-MUD system. I am also requesting rescission of the Nl'DES it N `.flti692. I am also requesting permission to use all legal means available to an NC utility to inflict upon those seven customers of White Forest WWTP: all related costs, permitting and civil penalties pertaining to absolving the White Forest WWTP and it's owners, as well as venues of forced collection procedures of past due amounts for services rendered such as attachment of liens to affected properties. White Forest WWTP 8033 Hood Rd. Charlotte, NC 28215 704.634.7991 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1157, SUB 1 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Harold E. Mullis, d/b/a White Forest Wastewater ) ORDER Treatment, 116-J Freeland Lane, Charlotte, North ) REQUIRING Carolina 28217, for Authority to Cancel Franchise for ) CUSTOMER Sewer Utility Service in White Forest Subdivision in ) NOTICE Mecklenburg County, North Carolina BY THE COMMISSION: On September 18, 2006, Harold E. Mullis, d/b/a White Forest Wastewater Treatment (Applicant), filed a letter with the Commission seeking authority to discontinue sewer utility service in White Forest Subdivision in Mecklenburg County, North Carolina. The Applicant provides service to seven customers. The Applicant's current rate is $158 per month. Mr. Mullis and Charlotte Mecklenburg Utilities (CMU) have been working together for over a year to finalize the plans to install a sewer main to provide sewer utility service to White Forest Subdivision. Three customers have already applied for sewer utility service with CMU. CMU has notified the Public Staff that the project to install a sewer main to provide sewer service to White Forest Subdivision is available for contract on November 13, 2006. The expected completion date is March 31, 2007. On August 29, 2006, CMU sent letters to the four remaining customers informing them as to the cost to connect to the system. The current cost for a 4-inch sanitary sewer connection installed during the construction of the sanitary sewer street main is $2,888. Property owners whose household income is less than eighty percent of the median family income may qualify for the monthly payment plan, which is approximately $30 in addition to the regular sewer bill. CMU's current flat rate is $34.58 per month. The Department of Environment and Natural Resources, Division of Water Quality (DWQ), has also informed the Public Staff that due to the number of violations, DWQ will not recommend the renewal of the NPDES permit for the White Forest treatment plant and that the treatment plan can be shut down once CMU has installed the new sewer main. WATER / SEWER COMPANY WITH REVENUES LESS THAN $200,000 (REVISED 1/04) ANNUAL REPORT OF 4 t ?� es7`-- A4cte WA.4.—f—� 1 0-- Company Name (as franchised by NCUC) NCUC Certificate No. 5 11 Mailing Address City State Zip Area Code ( 24__) 6 7 C Telephone Number (inc uding area code) Area Code () 5_' /. 2‘ Fax Number (including area csd+ Email Address TO THE NORTH CAROLINA UTILITIES COMMISSION For The Year Ended December 31; 25- RETURN TO: Public Staff - Accounting Division North Carolina Utilities Commission 4326 Mail Service Center Raleigh, NC 27699-4326 FILING INSTRUCTIONS Page 2 WHEN TO FILE: This form, consisting of fourteen pages, must be filed with this Commission no later than April 30th following the end of the calendar year covered by this report. Failure to file your Annual Report on or before the due date will result in Commission action, which may result in the assessment of financial penalties (North Carolina General Statute GS 62-310). WHERE TO FILE: Send the original and two (2) copies to: PUBLIC STAFF - ACCOUNTING DIVISION NORTH CAROLINA UTILITIES COMMISSION 4326 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-4326 NUMBER OF COPIES REQUIRED: The original and two (2) copies of this report, legibly completed (including NCUC certificate number) and signed and notarized, are required to be filed in order to satisfy the Annual Report filing requirements established by this Commission. One copy of this report should be maintained in your files. VERIFICATION UNDER OATH REGARDING ACCURACY OF REPORT: Both the original and the required copies of this report must be verified under oath by the chief executive officer, a senior level financial officer, or the responsible accounting officer of the utility. QUESTIONS: If you have any questions or need assistance in completing this report or questions concerning this Commission's Annual Report filing requirements, call or write the Public Staff - Accounting Division, 4326 Mail Service Center, Raleigh, North Carolina 27699- 4326, Telephone Number (919) 733-4279. This report is available in Microsoft Excel on the Public Staff's web site at: http://www.pubstaff.commerce.state.nc.us/psacctg/report.htm. GENERAL COMPANY DATA FILING STATUS: (check one only) Corporation P rtnership Subchapter S Corp. I/ Sole Proprietorship Other (Describe Below) 2. NAME, TITLE, AND COMPENSATION OF OFFICERS, PARTNERS, OR SOLE PROPRIETORS Name • r `" 14 5 Title Total Compensation 1/ 1/ Include salary, wages, bonuses, partnership/owner drawings, etc. INDIVIDUA TO WHOM CORRESPONDENCE OR QUESTIONS CONCERNING THIS REPORT CAN BE SENT: f t 41z47 9k 63(79f( Name Title Telephone No. 4. YEAR COMPANY FIRST BEGAN OPERATIONS: 2 If the reporting utility company is owned by a corporation or is part of a consolidated group, list the owner and all entities making up the corporation or consolidated grojrp: 6. ACCOUNTIN RECORDS NTAINE AT: cAri Street Address City State Zip 7. REPORTING COMPANY'S ACCOUNTING YEAR ENDING DATE (ONLY IF DIFFERENT THAN DECEMBER 31): Note. North Carolina Utilities Commission Rule R1-32 requires that Annual Reports be completed based on the calendar year ended December 31. GENERAL FINANCIAL DATA: Annual operating revenues Utility plant in service at year end End -of -period customers WATER SEWER COMBINED Page 4 SERVICE AREAS (NOTE: If more columns are needed for additional subdivisions or service areas, use supplementary sheets.) For each subdivision or service area, list the following in alphabetical order. Name of subdivision or service area Water. DENR System Identification No. Sewer. NPDES or Non Discharge Permit No. County (or counties) Type of service (Check one or more) Water Service Sewer Service Number of wells in service Total pumping capacity of pumps in service (gpm) Total storage tank capacity (gallons) Source of water supply (check one or more) W( Sf W( S( ) W( ) S( ) Pumped from Wells W( ) W( ) W( ) Purchased from others P( ) P( ) P( ) Other O( ) O( ) O( ) Not applicable N( ) N( ) N( ) Types of water treatment (check one or more) Chlorination C( ) C( ) C( ) Iron treatment I( ) I( ) I( ) Other O( ) O( ) O( ) Not applicable N( ) N( ) N( ) Are hydrants and storage tanks available for fire protection? Fire protection F( ) F( ) F( ) No fire protection N( ) N( ) N( ) Is service metered? Meters M( ) M( ) M( ) No meters N ) N( ) N( ) Source of sewage treatment (check one or more) Treat own sewage ( ) T( ) T( ) Purchase treatment from others P( ) P( ) p( ) Not applicable N( ) N( ) N( ) Number of customers at year end: Water Sewer Number of customers that can be served by mains already installed (include present customers, vacant lots, etc.): Water Sewer Number of availability customers at end of year (only applicable to companies charging availability rates separate from water or sewer service): Water Sewer Line No. 1©. 14. 17. 18. 19. WATER AND SEWER COMBINED BALANCE SHEET ASSETS AND OTHER DEBITS Title of Account (a) `Utility Plant Utility plant (must agree with Page 9, Line 5, Column (d)) Accumulated provision for depreciation and amortization of utility plant Net utility plant (Line 1 minus Line 2) Utility plan a uisition adjustment Accumulated provision for amortization of acquisition adjustment Net utility plant acquisition adjustment (L4 minus L5) Total utility plant (L3 plus L6) Other Property and Investments Nonutility property Accumulated provision for depreciation and amortization of nonutility property Other investments Total other property and investments (L8 - L9 + L10) Current Assets and Other Debits Cash Special deposits Customer accounts receivable Materials and supplies Other current and accrued assets Miscellaneous deferred debits Total current assets and other debits (L12 thru Total assets and other debits (L7 + L11 + L18) Remarks: 7 Balance at Beginning of Year (b) Page 5 Balance at End of Year (c) 0 0 0 WATER AND SEWER COMBINED BALANCE SHEET CAPITAL, LIABILITIES, AND OTHER CREDITS Page 6 Line No. 2. 4. 5. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Balance at Balance at Title of Account Beainninq of Year End of Year (a) (b) (c) Stockholders' Equity (if Corporation Common stock shares Paid -in capital Retained eamings Other Total common equity (Sum of L1 thru L4) Preferred stock Total stockholders' equity (L5 + L6) OR Proprietary Capital (if Partnership/Proprietorship) Total proprietary capital Liabilities and Other Credits Long-term debt Accounts payable , Notes payable Customer deposits Taxes accrued Interest accrued Other current and accrued Iiabitities Customer advances for construction Other deferred credits Miscellaneous operating reserves Contributions in aid of construction Total Iiabitities and other credits (Sum of L9 thru L19) Total capital, liabilities, & other credits (L7 + L8 + L20) V STATEMENT OF RETAINED EARNINGS / PROPRIETARY CAPITAL Retained eamings or proprietary capital at beginning of year Add: Net income (loss) for the year " Less: Dividends declared during the year Other (itemize below) Retained eamings or proprietary capital at end of year (Sum of L22 thru L25) Line 25 (other retained eamings activity) 57a( 0 1/ Reference to Page 6, Line 3, Column (b) or Page 6, Line 8, Column (b), whichever pplicab e. 2/ Reference to Page 8, Line 33, Column (d). 3/ Must agree with Page 6, Line 3, Column (c), or Page 6, Line 8, Column (c), whichever is applicable. Page 7` Type of Loan' ltals SCHEDULE OF DEBT OF UTILITY (Use additional pages if needed to report all loans) Date of Maturity Lender Collateral' Loan Date Original Loan Amount Current Amount Outstanding Interest Interest Paid Rate (%) This Year 1/ Indicate purpose of loan and whether the loan is a first mortgage, notes payable to banks, etc. 2/ Indicate whether loan is personally endorsed, and if so, by whom. 3/ If interest rate is variable, please describe terms of rate changes (example: prime rate + 1.0%). Line No. 10. 12. 15. 16. 17. 18. 19. 20. 21. 22. 24. 25. 26. 27, 28. 29. 30. 33. WATER AND S For the Year Item (a). Operating Revenues Metered service revenue Flat rate service revenue Reconnection fees Returned check charges Late payment charges Other operating revenue (itemize 0 OMB NED INCOME STATEMENT December 31, Page 8 TOTAL OPERATING REVENUES (Sum of L1 thru L6) Operating Expenses ,Total salaries and wages (employees only) Outs a expense (non -employees) `Administrative and office expense Maintenance and repair expense e Electric power expense (exclude office) Chemicals Testing fees nse Transportation expense (cost of operating utility vehicle) Annual depreciation ex Party taxed paid on utility property Payroll taxes (FICA, FUTA, SUTA) Other operating expense (itemize below) TOTAL OPERATING EXPENSES (Sum of L8 thru L20) Operating Taxes Franchise (gross receipts) tax Annual NCUC regulatory fee State income taxes Federal income TOTAL OPERATING TAXES (Sum of L22 thru L25) NET OPERATING INCOME (LOSS) (L7 - L21 - 1.26) Non -operating revenues and expenses Interest income Other non -operating revenue (itemize below) lnte n Other non -operating expense (itemize below) TOTAL NON -OPERATING INCOME (L28+L29-L30-L31) Net income (loss) (L27 + L32) Line 6 (other operating revenue) Line 20 (other operating expense) Line 29 (other non -operating revenue) Line 31 (other non -operating expense) Water Sewer Combined (b) (c) (d) 6 0 0 Line No. 2. Line No. 4. RATES CH, Item ED AT YEAR END AND GALLONS SOLD Rates being charged at year, end: Measured (metered) service: Base charge (including gallons) Usage charge (per 1,000 gallons) Flat rate service Tap -on fee or connection fee Reconnect fee Late payment charge _Total gallons sold (metered rates only) INVESTMENT IN WATER/SEWER UTILITY SYSTEM For the Year Ended December 31, Original cx st of system(s) Actual cost of all additions to system(s) since original construction Total cost of system(s) to date (L3 plus L4) Accumulated depreciation Net cost of system(s) (L5 minus L6) Cost of plant additions during this 12-month reporting period Water (b) Water (a) Sewer fc1- Page 9 Sewer (b) Combined (d) Contributions in aid of construction (CIAC) received during this 12-month reporting period Cumulative CIAC received (excluding gross up) Accumulated amortization of CIAC at year end IMPORTANT: Contributions in aid of construction (CIAC) are generally defined in the National Association of Regulatory Commissioners (NARUC) Uniform System of Accounts as money, services, or property received by the utility company from customers, developers, or any other source at no cost to the utility company which offsets the acquisition, improvement, or construction costs of the utility's property, facilities, or equipment to be used to provide utility service. Tap -on fees and meter installation fees are forms of CIAC. BOND INFORMATION (Note: If more lines are needed for additional bonds, attach supplementary Sheets.) For each bond (certificate of deposit, letter of credit, etc.) posted, list the following: Line No. 4. 6. 7. 10. 12. 14. 17. Signature and Title: Form of Bond NOTARIZATION Sworn to and subscribed to me this the ,2 e day o Notary Pu`6iic My Commission expires: Amount of Bond IMPORTANT: Rule R7-37(g) and Rule R10-24(g) require wat statement to its Annual Report stating the amount of each bond, renewal. Completion of the above meets this requirement. 11111114. Up Notary public Is the Bond Still in Effect? Date: Page 10 Date of Next Renewal aisiPirrfbmpanies to attach a separate notarized +Y`t to bond is still in effect, and the date of next Page 11 Subdivision or System SYSTEM AND OPERATOR STATUS (WAT 'R) County Number of Certified Operator Welts In Responsible Charge Check if more than 50 miles fr ►m residence of Operator in Responsible Charge (ORC). Page 12 REGULATORY ENFORCEMENT REPORT List any notice of violation during the reporting year from any regulatory agency (county Health Department, DWQ, DEH, EPA, etc.) Use additional pages, if necessary. System ID No. NPDES or Nondischarge Permit No. System Name System Name WATER OPERATIONS Date of Notice SEWER OPERATIONS Date of Notice Type of Violation Type of Violation Resolved? (YIN) Resolved? (YIN) Page 13 Line No. 2. 10. 11. 12. REGULATORY FEE RECONCILIATION Regulatory Fee Reports Regulatory fee report for quarter ended March 31, Line 1 ,Regulatory fee report for quarter ended June 0, Line 1 Regulatory fee report for quarter ended September 30, Line 1 Regulatory fee report quarter ended December 31, Line 1 Total NC jurisdictional revenues for Lines 1 through 4) Total operating revenues Page 8, 1,.in year re on regulato 7, Column (d)] fee reports (Sum of Difference between regulatory fee reports and Annual Report (Line 5 minus Line 6) Explanation of Difference(s2 (Include a brief written description of each difference) Total difference(s) (Sum of Lines 8 through 12 - Should be equal to Line 7) Amount 2 c0 VERIFICATION UNDER OATH REGARDING ACCURACY OF REPORT (NOTE: THIS VERIFICATION SHALL BE COMPLE 1 ED BY EITHER THE CHIEF EXECUTIVE OFFICER, A SENIOR LEVEL FINANCIAL OFFICER, OR THE RESPONSIBLE ACCOUNTING OFFICER.) I , /4 4,4 S , state and attest that the attached Annual Report to the North Carolina Utili 'es Commission is filed on behalf of Q f .¢ - (Name of Water and/or Sewer Company) as required by the North Carolina Utilities Commission; that I have reviewed said Report and, in the exercise of due diligence, have made reasonable inquiry into the accuracy of the information provided therein; and that, to the best of my knowledge, information, and belief, all of the information contained therein is accurate and true, no material- information or fact has been knowingly omitted or misstated therein, and all of the information contained in said Report has been prepared and presented in accordance with all applicable North Carolina General Statutes, Commission Rules, and Commission Orders. Signature of Person Making Verification Date NOTARIZATION Sworn to and subscribed to me this the a2 day of Notary Public My Commission expires:v orest Sanitary Sewer Improvements Subject: RE: White Forest Sanitary Sewer Improvements From: "Gwaltney, Dennis" <DGwaltney@ci.charlotte.nc.us> Date: Tue, 31 Oct 2006 08:36:14 -0500 To: "Bliss, Chuck" <CBliss@ci.charlotte.nc.us>, "Marcia Allocco" <marcia.allocco@ncmail.net> CC: "Miller, Steve \(CMUD\)" <SMiller@ci.charlotte.nc.us> Just an update on where we stand with regards to sewer service connections in the White Forest Community. Currently we have six out of seven We have applications for service from the following: 7740, 7732, 7724, 7708 Hammond Drive, 8906, and 8928 Myra Way, the only property owner remaining to apply is 8940 Myra Way (Miguel Angel "Chaves & Irma M. Perez) From: Bliss, Chuck Sent: Wednesday, September 13, 2006 2:36 PM To: 'Marcia Allocco' Cc: Gwaltney, Dennis; Miller, Steve (CMUD) Subject: RE: White Forest Sanitary Sewer Improvements Marcia - Great find! Looks like good information. CMU will see what is involved. Steve and Dennis - Do we need to met and discuss this CDBG option for connection fees for White Forest? Thanks, Chuck From: Marcia Allocco [mailto:marcia.allocco@ncmail.net] Sent: Wednesday, September 13, 2006 01:48 To: Bliss, Chuck Subject: Re: White Forest Sanitary Sewer Improvements I've found information on the following which may be a perfect fit: Community Development Block Grant program - The North Carolina Department of Commerce oversees the comprehensive community economic development strategies that are carried out by state governmental agencies and its allies. The Department, through the Division of Community Assistance (DCA), administers the North Carolina Small Cities Community Development Block Grant (CDBG) program. Much of the CDBG program is oriented toward the goals contained in the department's strategic plan and the 2006-2010 North Carolina Consolidated Plan which are organized to fulfill the department's mission statement. From their website http://www.dca.commerce.state.nc.us/cdbo/ I clicked on Infrasturcture (http://www.dca.commerce.state.nc.us/cdbo/infrastructure.asp) and found the following on the hook-up program but it looks like you would have to apply ASAP: Hook -Up Program The Infrastructure Hook -Up Program is designed to enable eligible local governments with existing public water and/or sewer line(s) to connect or "hook-up" low and moderate -income (LMI) households to non-CDBG funded line(s). CDBG funds may only be used to connect LMI 1 of 5 10/3 1 /2006 9:25 AM rest Sanitary Sewer Improvements owner -occupied dwellings and LMI tenant -occupied dwellings provided the landlord is also LMI The maximum grant amount is $75,000. CDBG funds may be used to pay for the following eligible activities in the Infrastructure Hook -Up Program, 1) tap -on or assessment fee to connect to the line, 2) service connection for the private property, 3) use of special equipment such as grinder pumps or vacuum pits to transport residential wastewater to the existing sewer lines, 4) cost to remove septic tanks or cap wells, as required by the health department, 5) repairs to a LMI household's leaking water pipes provided that it is documented that the leaking pipes are a result of connecting to the public water line. CDBG funds may be used to pay for the following eligible activities in the Infrastructure Hook -Up Program, 1) tap -on or assessment fee to connect to the line, 2) service connection for the private property, 3) use of special equipment such as grinder pumps or vacuum pits to transport residential wastewater to the existing sewer lines, 4) cost to remove septic tanks or cap wells, as required by the health department, 5) repairs to a LMI household's leaking water pipes provided that it is documented that the leaking pipes are a result of connecting to the public water line. Applications for 2006 will be accepted in an open window cycle beginning August 26, 2006. The window will stay open until funds are depleted or December 1, 2006. A local government interested in applying for the Infrastructure Hook -Up Program must call, to see if funds are available and, if they are, to request to be put on the "Prospective Applicant List". If funds are available, the requested amount will be reserved for the potential applicant. A potential applicant will have 90 days from the date of the request to submit the application; otherwise, the reservation will be rescinded and will become available to another potential applicant. • 2006 Infrastructure Application Guidelines • 2006 Infrastructure Hook -Up Application Guidelines For additional information, please contact: Vanessa Tunstall Senior Development Specialist 919 733-2850 vtunstallAnccommerce.com Bliss, Chuck wrote: Ms Allocco - Sorry for asking this question before seeing your last email. So what I understand is that there is not a way for NCDENR to "force" these people to connect to the CMU system until the current permit expires on November 30, 2008. Is that correct? What happens (i.e. After 11/30/08) if the people have not connected to CMU? Dennis has said this is a "lower income area" and hence people may not have the money to pay CMU's connection fees which for sewer right now is $3,076. Does NCDENR have some way to pay those fees for these people? 2 of 5 10/31/2006 9:25 AM ©rest Sanitary Sewer Improvements Thanks, Chuck -----Original Message ----- From: Marcia Allocco [manta :marcia.a11occatncmaii.net] Sent: Wednesday, September 13, 2006 11:06 To: Bliss, Chuck Subject: Re: White Forest Sanitary Sewer Improvements I forgot to add that the permit can not be rescinded while any activities requiring this permit continue at the permitted facility. Therefore, if we have some who don't switch over we can't rescind the permit until they are switched over. Marcia Bliss, Chuck wrote: Ms Allocco - Dennis and I work together here at CMU and I just read your email. When does that NPDES permit for the White Forest WWTP expire or has it already expired and is pending renewal? If it does not expire soon, I am wondering how long the people of White Forest have to transfer to the CMU system. Thanks, Chuck -----Original Message ----- From: Marcia Allocco [mailto:marcia allocco@ncmail..net] Sent: Wednesday, September 13, 2006 09:15 To: Gwaltney, ➢ennis Cc: gina.casselberrytncmail.net; Price, Jeff; Elmore, Christopher; Bliss, Chuck; Shearin, Barry ➢. Subject: Re: White Forest Sanitary Sewer Improvements Dennis, I spoke with Rex Gleason, my supervisor regarding the White Forest WWTP. He stated, "you can tell the residents that the State will not be recommending the renewal of the NP➢ES permit for White Forest once there is an alternate sewer system in the area. This is due to the environmental problems and recurring violations of the white Forest facility". In addition, Rex said the permittee does have the right to shut down the system once the alternate sewer system has been installed. Rex also said that you can point the residents to this Office (704-663-1699) if they want to verify that the State will not be recommending the renewal of the permit. 3 of 5 1©/31 /2006 9:25 AM rest Sanitary Sewer Improvements Marcia Allocco Gwaltney, Dennis wrote: Marcia and Gina, CMU is advertising the subject project on August 28, 2006 and will be receiving bids on September 26, 2006 at 2:00 PM. We have a pre -bid conference scheduled for Thursday, September 14, 2006 at 2:00 PM. The project is scheduled to go to Charlotte City Council for approval on Monday, October 23, 2006 and the availability date for the contract is Monday, November 13, 2006. The contract time is 138 calendar days with a completion date of Saturday, March 31, 2007. Attached is an example of a letter and Fact Sheet I have hand delivered and mailed to the following property owners : * Mr. Neofite Aduato - 7748 Hammond Drive* **(Currently on septic tank) * * Mr. Quang Doung - 7740 Hammond Drive * Ms. Bernadine E. Mangan --* 7732 Hammond Drive* * Ms. Virgina M. Adams -* 7724 Hammond Drive* * Mr. Edward F. Mangan .* 7708 Hammond Drive* * Mr. Sirous Behrouzjou - 8906 Myra Way (Mailing Address P.O. Box 10263 Charlotte, N.C. 28212 * Mr. Souksavanh Ngaoluangrath - 8928 Myra Way * Mr. Miguel Angel Chaves - 8940 Myra Way In additional to the attached letter and fact sheet, I have included an application for sewer service and a Special Application which allows the resident to pay for their service connections over a period of time. Marcia and Gina, I currently have in hand applications for sewer connections for 7708, 7724, and 7732 Hammond Drive. Hopefully I will receive calls from the other residents and they will also make application for sewer service. CMU's White Forest project is being constructed parallel to the existing White Forest Wastewater System currently owned by Mr. Gene Mullis and will provide the property owners in the Whiteforest System with an alternative means of receiving wastewater service. My concern is that some of the residents 4 of 5 10/31/2006 9:25 AM rest Sanit Sewe mprovements may choose not to make application to the CMU system. Does the N.C. Utilities Commission have any means to help stimulate interest among the property owners? <Whiteforestletter77322006.doc» «WHITE FOREST FACT SHEET.doc» Marcia Allocco Marcia.Allocco@ncmail.net North Carolina Dept. of Environment & Natural Resources ➢iv. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.663.1699 Fax; 704.663.6040 Marcia Allocco - Marcia.Allocco@ncmail.net North Carolina ➢ept. of Environment & Natural Resources ➢iv. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.663.1699 Fax: 704.663.6040 Marcia Allocco - Marcia.Allocco@ncmail.net North Carolina ➢ept. ofEnvironment& Natural Resources Div. of Water Quality 610 E. Center Ave., Suite 301 Mooresville, NC 28115 Ph: 704.663.1699 Fax: 704.663.6040 5 of 5 10/31 /2©©6 9:25 AM Oct '12 06 09:46a Gene Mullis p.1 7045672649 TO COMPANY FROM: NAME_ COMMENTS Number ©t TIIANRS I GENE MULLIS Plumbing Contractor Tel (704) 566-0555 Fax (704) 567-2649 Celt (704) 634-7991 8033 Hood Road Charlotte, NC 28215 State L.ic # 6E105 30 Years Experience cover: jcr t . N ` U°Y « E OFFICE OCT 1 2 200 E Oct '12 06 09n47a Gene Mullis 7045672649 p2 ate Fo elr Treatment Telephone 704.566.055 * Facsimile 704.567_2649 10-10-06 Mr. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality 610 East Center Ave. Suite 301 Mooresville, N.C. 28115 Subject: White Forest WWTP NPDES Permit No. NC 0063932 Response Letter Tracking #: NOV-2006-PC-0379 Case No. LV-2046-0112 Case No. LV-2646-0166 Case No. LV-2006-0247 Case No. LV-2006-0294 Gentlemen: I agree with your unsatisfactory rating and once again ester a request to immediately abandon the White forest WWTP. It is not feasible to try to operate a WWTP for.only three people - who don't want it. Our water ways are much more precious than a few homes which pose the opportunity for pollution. The effluence which enters the White Forest WWTP is pretreated by septic tanks to a grey water quality which should bring question to the logic of adding a dangerous chemical such as chlorine; particularly when the flow of effluence is too low and too sporadic to maintain a proper ug/1 level. Then another chemical is needed to de -chlorinate the effluence, but now we have the probability of increased TDS. I suggest that the White Forest WWTP is caught -up in your ever -changing requirements for facilities of much larger capabilities and should be singled out to be allowed to operate by the requirements which have been sufficient for the past ten years. I am enclosing my letter to the State of North Carolina Utilities Comnussion requesting to cease all operations and properly abandon all facilities offthe White Forest WWTP and for the rescission of the NPDES permit NC0063932. Oct 12 06 09:47a Gene Mullis 7045672649 p.3 I arn also enclosing a copy of the 2005 annual report which shows a negative operating shortfall of $21,898.58: a surety of non-support by those who dump their waste water into the White Forest system. That figure doesn't include my allowable wages of $12.30 per week nor the $1.92 per week for all other expenses which go unpaid because the perfect world of the Accounting Division has yet to be achieved. As the temporary operator of a North Carolina Utility, I can see that I am completely under your power. What you say, you say. What you do, you do. But there is seldom a match. I can only charge what you tell me to charge. You have set my rates. You have limited me to seven customers. There is not a way to make-up for lost revenues nor is there a way to pass additional costs and fees along to the customers: who are ultimately liable for all costs to provide -them a service of necessity. Along with an 8.5% return. You haven't given your associates in Charlotte the information needed for me to properly disconnect a non -payer in a wayto insure non -pollution. My four immigrant non -payers have realized how to flaunt your error. Non-payment is the only reason for discontinuing service; but in this situation there is no reasoning. Though you originally suggested abandoning a system with so small a participation, now you suggest no way of abandorunent but for an alternative system. I am quite perplexed to be continuously working with these seven people in a way to allow them their domicile through a bad situation propagated by others while the State of North Carolina views me as a violator, while placing the whole burden of compliance to changing laws upon me without any compensation. It would be nice to see a benefit from what you do, but then, I guess you will do what you wilt do. Sincerely, HE Mullis White Forest WWTP Oct 72 06 09:47a Gene Mullis 7045672649 p.4 09-18-06 �i a Forest Waa + r Treat 8033 Hood R Chariotfe, North Carolina 2821 Te{eplbne 704.566.0555 Facsimile 704.567_2649 State of North Carolina Utilities Commission 4235 Mail Service Center Raleigh, NC 27699-5325 Docket # W-1157 Attn: Ms. Castlebury Gentlemen: Noting that the White Forest WWTP is operating at a woes deficit; aEttempting to provide services to only seven customers of whom only three are ms€lo Ctg an effort to pay for those services and that C-MUD is in the beginning stages of construction of a parallel system designed to replace the White Forest WWTP: I am requesting permission to immediately cease all operatic) ns and properly abandon all facilities of the White Forest WWTP once flow has been diverted into the C-MUD system. I am also on ofthe NI'DES permitting of ih t permit NC4063932. I am also requesting permission a legal means available to an. NC utility to inillict upon those seven custo ers of it Forest WWTP: all related costs, permitting and civil penalties pertaining to absolving the White Forest WWTP and it's owners, as well as venues of forced collection procedures of past due amounts for services rendered such as attachment of liens to affected properties. Thank You, HE Mu11i White Forest WWII' 8033 Hood Rd. Charlotte, NC 28215 704.634.7991 Oct 12 06 09:47a Gene Mullis 7045672649 p.5 WATER / SEWER COMPANY WITH REVENUES LESS THAN $200,000 (REVISED 1144) ANNUAL REPORT OF CfA 'i�-a-= &es/ -/ r Company Name (as franchised by NCUC) NCUC Certificate No. 33 Aft Ad dress City State Zip Area Code Telephone Nur`nber (Inc uding area code) Area Code ((7‘ ) 5767 26' Fax Number (including area code) Email Address TO THE NORTH CAROLINA UTILITIES COMMISSION For The Year Ended December 31, s2C)D5 RETURN TO: Public Staff - Accounting Division North Carolina Utilities Commission 4326 Mail Service Center Raleigh. NC 27699-4326 ' Oct '12 06 09:47a Gene Mullis 7045672649 Pi6 Page 2 FILING INSTRUCTIONS WHEN TO FILE: This form, consisting of fourteen pages, must be filed with this Commission no later than April 30th following the end of the calendar year covered by this report. Failure to file your Annual Report on or before the due date will result in Commission action, which may result in the assessment of financial penalties (North Carolina General Statute GS 62-310). WHERE TO FILE: Send the original and two (2) copies to: PUBLIC STAFF - ACCOUNTING DIVISION NORTH CAROLINA UTILITIES COMMISSION 4326 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-4326 NUMBER OF COPIES REQUIRED: The original and two (2) copies of this report, legibly completed (including NCUC certificate number) and signed and notarized, are required to be filed in order to satisfy the Annual Report filing requirements established by this Commission. One copy of this report should be maintained in your files. VERIFICATION UNDER OATH REGARDING ACCURACY OF REPORT: Both the original and the required copies of this report must be verified under oath by the chief executive officer, a senior level financial officer, or the responsible accounting officer of the utility. QUESTIONS: if you have any questions or need assistance in completing this report or questions concerning this Commission's Annual Report filing requirements, call or write the Public Staff - Accounting Division, 4326 Mail Service Center, Raleigh, North Carolina 27699- 4326, Telephone Number (919) 733-4279. This report is available in Microsoft Excel on the Public Staffs web site at: http://www.pubstaff.commerce.state.nc.usipsacctg/reporthtrn. Oct 12 06 09:48a Gene Mullis 7045672649 P.7 FILING STATUS: (check one only) Corporation Subchapter S Corp. GENERAL QMPANY DATA ership Other (Describe Below) Proprietorship NAME, TITLE, AND COMPENSATION OF OFFICERS, PARTNERS, OR SOLE PROPRIETORS Name Title Total Compensation 1J E°5- ©0,) --6 nctude salary, wages, bonuses, partnership/owner drawings, etc_ IN©MDUA1 TO WHOM CORRESPONDENCE OR QUESTIONS CONCERNING THIS REPORT CAN BE SENT: Name 4. YEAR COMPANY FIRST BEGAN OPERATIONS: e porting utility company is o 0/4444 d 3c7 'rf Title Telephone No. d by a corporation or is part of a consolidated group, list the owner and es making up the corporation or consolidated grop: 7. REPORTING COMPANY'S ACCOUNTING YEAR ENDING DATE (ONLY IF DIFFERENT THAN DECEMBER 31): Note: North Carolina Utilities Commis calendar year ended December GENERAL FINANCIAL DATA: Annual operating revenues Utility plant in service at year end End -of -period customers Rule R1-32 requires that Annual Reports be completed based on the WATER SEWER COMBINED Oct 12 06 09:48a Gene Mullis 7045672649 p8 Page 4 SERVICE AREAS (NOTE: If more columns are needed for additional subdivisions or service areas, use supplementary sheets.) For each subdivision or service area, list the following in alphabetical order. Name of subdivision or service area Water. DENR System Identification No. Sewer. NPDES or Non Discharge Permit No, County (or counties) Type of service (Check one or more) Water Service Sewer Service Nurnber of wells in service Total pumping capacity of pumps in service (gpm) Total storage tank capacity (gallons) Source of water supply (check one or more) Pumped from Wells Purchased from others Other Not applicable Types of water treatment (check one or more) Chlorination Iron treatment Other Not applicable Are Hydrants and storage tanks available for fire protection? Fire protection No fire protection Is service metered? Meters No meters Source of sewage treatment (check one or more) Treat own sewage Purchase treatment from others Not applicable W( S( Number of customers at year end: Water Sewer Number of customers that can be served by mains already installed (include present customers, vacant lots, etc.): Water Sewer Number of availability customers at end of year (only applicable to companies charging availability rates separate from water or sewer service): Water Sewer } W( W( S( ) s( ) W( ) P( ) O( ) N( ) C( ) l( ) O( ) N( ) F( ) N( ) M( ) N( ) T( ) P( ) N( W( ) P( ) O( ) N( ) C( ) ) O( ) N( ) F( ) N( ) M( ) N( ) T( ) PC ) N( ) Oct .12 06 09:48a Gene Mullis 7045672649 p.9 7. Total utili plant (L3 plusl Other Property and Investments 8. Nonutillty property Page 5 WATER AND SEWER COMBINED BALANCE SHEET ASSETS AND OTHER DEBITS Line No. Title pf Account (a) atance at Beginning of Year (b) Balance at End of Year (c) Utility Plant 1. Utility plant (must agree with Page 9, Line 5, Column (d)) 2. Accumulated provision for depreciation and amortization of utility plant 3. Net utility plant (Line 1 minus Line2) 4, Utili 'lant a • uisition adjustment 5. Accumulated provision for amortization of acquisition adjustment Net utility plant acquisition djustment (L4 minus L5) Accumulated provision for depreciation and amortization of nonutility property 10. Other investments 11. Total other property and investments (L8 - L9 ÷ L10) Current Assets and Other Debits 12, Cash 3 Special deposits 14. Customer accounts receivable 15. Materials and supplies 16. Other current and accrued assets 17. Miscellaneous deferred debits 18. Total current assets and other debi L 19. Total assets and other debits (L7 + L•11 Remarks: L17) /jccemc-daial h ( 9-6 or 41) Oct 12 06 09:48a Gene Mullis 7045672649 p.1© ,one No. WATER AND SEWER COMBINED BALANCE SHEET CAPITAL, LIABILITIES, AND OTHER CREDITS a holders* )Wcluwity (itf Corporation Crncn Balance at L ararrc�e at Beglnninn of Year . End of Year 0 2, Paid -in capital fined earning Other Totai common e u t Surrt of t_1 th L4 Preferr Total stockholders' equity (L5 + OR Proprietary Capital of Total proprietary capi Liabilities and Other Credits t onq-terry* debt Accounts payable Custom er d Takce prietorship) 4 0 accrued iiabititi 6 urstomer ad constrrart-on 7 deterred c us operating r' se 20 ntributions in aid of con tru Lion Total liabilities and 21. Total 22. 23. 24. 25. 26. t oilier credits (L7' L8 = L0 STATEMENT OF RETAINED EARNINGS / PROPRIETARY CAPITAL Retained earnings or proprietary capital at beginning of year Add: Net income (loss) for the year 2/ Less: Dividends declared during the year Other (itemize below) Retained earnings or pr '►pnieta pital at e 11 Line 25 (other retained earnings activity) it Reference to Page 6, Line 3, Column (b) or Page 8, Line 8. Column (b). whiche 2/ Reference to Page 8. tine 33. Column (cc). 3/ Must agree will Page 6, Line 3, Column (c), or Page 6, Line 8, Column (c), whichever is applicable. 5741,0 SCHEDULE OF DEBT OF UTILITY (Use additional pages if needed to report all loans) Type of Lc► zn'' Lender Collate 21 Date of Maturity origin Current Interest . Loan Amount Interest Paid Loan Date Amount Qutstandln _Rate (%) 9' This Year )tals 1/ Indicate purpose of loan and whether the loan is a first mortgage, notes payable to banks, etc, 2/ Indicate whether loan is personally endorsed, and If so, by whom, 3/ If interest rate Is variable, please describe terms of rate changes (example: prime rate + 1 O%) Oct ' 12 06 09:50a Gene Mullis 7045672649 p.12 WATER AND SEWER COMBINE© INCOME STATEMENT For the Year Ended December 31, No. Item Page 8 Sewer Combined t pe t)nq Revenues Metered ervicwe revenue e service revery Reconnection tees 4. Returned check chartte h 0 operating revenue (itemize below TOT Operati Total sa PERATING REVENUES (Sum of L1 th6 es es on Y Ouiside labor expense (non-e 0. Administrative and office expense nonce and p 2. Pursed expense Elec p ex ce 4. Chemicals expense Testing fe Tr on expense (cost of operating utr)rtlr vehicle 7, Annua# d p n Proper taxes mid on unlit r prope rroli taxes (1=1t A, FUTA„ SUTA 20. Other operating expense (iterrtce belo 21. TOTAL C?PERAATtNG E PEN ES (Sum of LS #hru 0 Operating Taxes 22. Franchise (dross receip 23. Ann rat NCUC requlat ry fe 24. State in x 2. Fed 26. TOTAL OPERATINGTARE 27. NET OPERATING INCOME (L? 7 2 Non -operating revenues and expenses Interest income 29, Other ncan-op ev ize bel 0 exi ense Other no ng exile e 2 TOTAL NON -OPERATING IN 0 Net income (loss) (L27 + L32) Line 6 (other operating revenue) Line 20 (other operating expense) Line 29 (other non -operating revenue) Line 31 (other non -operating expense) 4 Oct '12 06 09:50a Gene Mullis 7045672649 p.13 Page 9 RATES CHARGED AT YEAR END AND GALLONS SOLD :an+ No Sewer fb} Rates being charged at var end: Measured (metered) service: Base ncluding gailo Usage charge (per 1.000 gallons) Tap tee or connection fee Reconnect fee ate payment charge 2. Totalgailons sold (rnetered rates only) Line No. 3_ Item (a) of systems) NT IN WATERISEWER UTILITY SYS t EMI For the Year Ended December 31,' Combined (d) 4. 5. 10. 11. all additions to system(s) since original cons Total cost of system(s) to date (L3 plus L4) Accumulated detareiation Net cost of systems) (L5 minus Cost of plant additions during this 12-mon reporting period Contributions in aid of construction (CIAC) received ;during this 12-month reporting period muletive CIAC ved (excluding gross up) Accumulated amortization of CIAC at year end IMPORTANT: Contributions in aid of construction (CIAC) are generally defined in the Nafional Association of Regulatory Commissioners (NARUC) Uniform System of Accounts as money, services, or property received by the utility company from customers, developers, or any other source at no cost to the utility company which offsets the acquisition, improvement, or construction costs of the utility's property, facilities, or equipment to be used to provide utility service. Tap -on fees and meter installation fees are forms of CIAC. Oct 12 06 09:51a Gene Mullis 7045672649 p.14 BOND INFORMATION (Note: If more lines are needed for additional bonds, attach supplementary sheets.) For each bond (certificate of deposit, letter of credit, etc.) posted, list the following: Line No. 4. 7. Form of Bond Amount of Bond Is the Bond Still in Effect? Page 10 Date of Next Renewal 11. 12. 14. 17. 18. Signature and Title: NOTARIZATION Sworn to and subscribed to me this the 2 e day of S Notary Plic My Commission expires: 474 / 2—es,a NotacV public Date: IMPORTANT: Rule R7-37(g) and Rule R10--24(g) require wat N# i dl/lll Smpanies to attach a separate notarized statement to its Annual Report stating the amount of each bend, wi iThirWthe bond is still in effect, and the date of next renewal. Completion of the above meets this requirement. Oct *12 06 09:51a Gene Mullis 7045672649 p.15 Page 11 SYSTEM. AND OPERATOR STATUS (WATER) division o un to d Operator >t!* ponsible Gharcle Tr ite{ Check if more than 50 miles from residence of Operator in Responsible Charge (ORC). Oct *12 06 09.51a Gene Mullis 7045672649 p.16 Page 12 REGULATORY ENFORCEMENT REPORT List any notice of violation during the reporting year from any regulatory agency (County Health Department, ©WQ, DEN, EPA, etc.) Use additional pages, if necessary. System ID No. Name ATER OPERATIONS ©ate o NoticE Resolved? Type of Violation (YlN) NPDES or Nondischarge Permit No. System Name SEWER OPERATIONS Date of Notice Type of Violation Resolved? (YIN) ©ct'12 06 09:52a Gene Mullis 7045672649 p.17 REGULATORY FEEREC©NCIUATIoN Page 13 No is{2rtory Fee Repo report for quarter ended March 31, Line 1 Regulatory fee re uarter ended June 30, Lin Regulatory fee re «rt for quarter ended Sept :rrtber 30, Lin Regulatory fee report frsr quartea Total NC jurisdictional revenues Lines 1 through 4) TouIPac e 8, Line 7, Ct urnn (d)) ed December 1, Line 1 he year reported on regulatory fee reports (Sum of e. between regulat y fee resorts, and Annual Report (Line 5 minus Line 6) ;Explanation of Ciriere c*(s) (Include a bn driptio h di r�f 0 2 Total diffe n e(s r (burn of Lines 8 fihraugh 12 - Should be equal to Line 7) ©ct'12 06 09:52a Gene Mullis 7045672649 p:1 S Page 14 VERIFICATION UNDER OATH REGARDING ACCURACY OF REPORT (NOTE: THIS VERIFICATION SHALL BE COMPLETED BY EITHER THE CHIEF EXECUTIVE OFFICER, A SENIOR LEVEL FINANCIAL OFFICER, OR THE RESPONSIBLE ACCOUNTING OFFICER.) state and attest that the attached Annual Report to the North Carolina Utilities Commission is filed on behalf of ' = eP` ! Fm ‘r.G e (Name of Water and/or Sewer Company) as required by the North Carolina Utilities Commission; that I have reviewed said Report and, in the exercise of due diligence, have made reasonable inquiry into the accuracy of the information provided therein; and that, to the best of my knowledge, information, and belief, all of the information contained therein is accurate and true, no material information or fact has been knowingly omitted or misstated therein, and all of the information contained in said Report has been prepared and presented in accordance with all applicable North Carolina General Statutes, Commission Rules, and Commission Orders_ Signature of Person Making Verification Job Title Date NOTARIZATION Sworn to and subscribed to me this the ask' day of Notary Public My Comrrlislc►n expires: Michael F. Easley„ Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 11, 2006 Mr. Gene Mullis White Forest WWT Trust 116-J Freeland Lane Charlotte, NC 28217 SUBJECT: Delinquent Annual Fee White Forest WWTP NPDES Permit NC0063932 Mecklenburg County Dear Mr. Mullis: Alan W. Klimek, P.E. Director Division of Water Quality OCT 1 I sent you a letter earlier today via certified mail regarding the payment of overdue NPDES permit annual fees. In the third paragraph of the letter I erred in showing the amount you owe. The correct total is 1,430.00, as was noted in the first paragraph. I apologize for any confusion this may have caused. If you have any questions about this letter, please contact me by phone at (919) 733-5083, extension 547 or via e-mail at bob.sledge@ncmail.net. Sincerely, (1/ Robert L. Sledge Western NPDES Unit cc: Central Files NPDES File DWQ Budget Office - Fran McPherson North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Internet: www.ncwaterquality.org Location: 512 N, Salisbury St, Raleigh, NC 27604 Fax (919) 733-2496 Customer Service 1-877-623-6748 Carolina 'Lt��lf An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Michael D Easley, Governor William G. Ross Jr,, Secretary North Carolina Department of bnvironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 13, 2006 McdJenburg County Sheriff Office 700 Fast 41" Street. Charlotte, North Carolina 28202 Re: NOTICE OF SERVICE H.E. Mullis a ached correspondence as follows: 11E, Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 understanding that because we are a State agency, no fee is required for this service. We would -ning the completed Return of Service form in the return envelope provided herein. lll�'1 Section appreciates this assistance from your department. Should you have any questions, please contact l le at (704) 663-1699, ext. 2204. Mooresville Regional Office Internet: cvww.nowaterqo?jjiy_&rz Sincerely, Marcia Allocco Environmental Chemist Division of Water Quality 610 East Center Ave, Suite 3(11 Mooresville, NC 28115 Fax 704-663-6040 Phone 704 663-1699 One NorthCarolina A aturaily Customer Service 1-877-623-6748 An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper RETURN OF SERVICE s NOTICE OF SERVICE was received on the 20 06 , and together with the correspondence scull on the I S kaL day ofS ith lamed individua 6116 ne y s ur k=L I— . n address where copy delivered) wing: g copies to the named individual; dwelling house or place of business. named individual, state reason: Agency) this form to: Paid by: N/A 1. of Environment & Natural Resources Water Protection Section 610 East Center Ave., Suite 301 1ooresville, North Carolina 28115 Attention: Marcia Allocco was served day of as follows: w,20°6,atthe , who is a person of suitable age discretion and who resides in SEP 2 8 200( STAVE OF NORTH CAROL]INA COUNTY OF MECICLENBITRG AFFIDAVIT OF PERSONAL SERVICE PERSONALLY APPEARED before me, the undersigned authority, J . C-1-660-rd Deputy Sheriff of Mecklenburg County, so being duly sworn, deposes and says that in the County of Mecklenburg, State of North Carolina, serving the defendants by the laws governing service of Civil Process within the State of North Carolina, he delivered to the within named defendant(s) at the following time(s) and fplace(s) to wit: NAME: - m vt s © by delivering to the defendant named above a copy of the summons and co X by leaving a copy of the summons and complaint and/or at the dwelling house or usual place of a. ode o tl e def as namec arcove a person of suitable and discretion then residing therein. was served: DATE: Month/Day/Year: el" is - 04 LOCATION:_ t / 6 1 0 A true copy of 0 summons and complaint or 0 , and fisher, he knows that the person(s) so served to be the one(s) mentioned and the deponent is not a party to the action. Sheriff of Mecklenburg County, North Carolina By: 5,-). c'37 Deputy Sheriff Sworn to and subscribed before me, this day of 200 Notary Public- Mecklenburg County NC My Commission expires: e Forest Wastewater Treatment Hood Road Charkdte, North Carina 28215 Telephone 704.566.0555 • Facsimile 704.567.2649 July18, 2006 Mr. D. Rex Gleason, P.E. Surface Water Protection. Regional Supervisor Mooresville Regional Office Division of Water Quality 610 East Center Ave. Suite 301 Mooresville, N. C. 28115 Subject: White Forest WWTP NPDES Permit No. NC 0063932 Gentlemen: 'MURAL RESOURCE'S ONAL OFFICE AUG 1 0 2006 wt TO I suppose you would reckon a waste water treatment plant to be owned by someone with a profit motive. That may have been the case when WFWWTP was originated; but someone in your regulatory scheme of things, wanting to clear out old files: dismissed that person, leaving 7 homeowners without a clue about their wastewater going into nearby Reedy Creek. Regulatory personal allowed the expansion of the adjacent McCarron WWTP as a way to abandon that atrocity known as White Forest WWTP: but you never really planned on actually having a connection to those 7 homes; as I was led to believe. As the new owner of the land on which the White Forest WWTP is located, I was forced into being the Emergency Operator, because no alternative could be found. I have continuously begged for this plant to be closed down and abandoned. This is truly an issue of necessity and convenience for 7 indigent homeowners: with names like Ngolwangrath, Duong, Behrouzjou,Chavec and Mangan. Without compensation, I now find myself trying to collect $150.00 from each of 7 impoverished families while being forced to pay $1200.00 in hard maintenance costs per month. Presently, collections are behind about $18,000.00 with many past due bills waiting to be paid: did I say without compensation? I am forced to pay those bills out of my own pocket, along with all necessary repairs, pumps, piping and even postage for those 7 families to be able to live in their homes. You naturally might say "dis-connect them!" What a JOKE. You've never seen so many government agencies scrambling! Plus, would you want 49 mad Mexicans as neighbors watching for your back to be turned? C-MUD is on your regulatory "FAST TRACK" to install a new collection system for those 7 homes and allow for abandonment of the White Forest WWTP, but all 7 must connect. If I disconnect the 4 for non-payment: the deal will fall through; even if it ever gets your approval. Thanksgiving, 2004 was the original target date. By your own office's evaluations: "the White Forest WWTP has an almost non-existant flow into Reedy Creek." FIow rates are much too small to properly regulate chlorine feeding, which is a bit or miss science at best. However, as the owner and emergency operator of White Forest WWTP; realizing the catastrophic effects of chlorine in our bodies and in our bodies of water: I have taken the emergency measures of installing de-chlor feeding tubes into the discharge piping of the WWTP. Subsequent testing shows this to be working. Guide lines for operating a utility appoint all operating costs to be borne by the users of said utility. I haven't found the teeth to be available to force this issue upon the users. How do I obtain monies from users to pay your penalties on their wastewater treatment? Foreclosure? Do I have authority to foreclose by unpaid sewer bills? On 7 poor people? Complete abandonment of the White Forest WWTP will happen within weeks of your office's giving the go-ahead to C-MUD to construct their new facility. This is a positive help to those 7 families. Why can't you find a way to help instead of penalizing innocent people who have been. caught in a legal web spun by government agencies. H E Mullis 8033 Hood Rd. Charlotte, NC 282 White Fores Michael F. Easley, Gave William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E. Director Division of Water Quality July 5, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 6427 Mr. H.E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Mecklenburg County Case No. LV-2006-0207 Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $880.15 ($800.00 civil penalty + $80.15 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from April 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in. NPDES Permit No. NC0063932. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions, or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: NCDENR No Carolina la ura!!ji Mooresville Regional Office Internet; Nv v v novtterquality, Division of Water Quality 610 East Center Ave, Suite 301 Mooresville, NC 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 800.00 For 8 of the eight (8) violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. S 800.00 TOTAL CIVIL PENALTY S 80.15 Enforcement costs. 880.15 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 violations; (2) The duration and gravity of the violations; (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 violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR. 2. Submit a written request for remission 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 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 that no factual or legal issues are in dispute. Please prepare a detailed. statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then 'ou ma wish to consider a 1 in for a S ecial Order b Consent. If ou have an uestions about this civil penalty assessment or a Special Order by Consent. please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. D. Rex Gleason, P.E. Surface. Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA ATTACHMENT A CASE NO. LV-2006-0207 Pipe No. Parameter Reported Value Permit Limit 001 Total residual chlorine *1820 µg/1 28 µg/1 (Daily maximum) 001 Total residual chlorine * 1650 µg/1 28 µg/1 (Daily maximum) 001 Total residual chlorine * 1920 µg/1 28 µg/1 (Daily maximum) 001 Total residual chlorine * 1880 µg/1 28 µg/I (Daily maximum) 001 Total residual chlorine *1110 µg/1 28 µg/1(Daily maximum) 001 Total residual chlorine * 1920 µg/1 28 µg/1 (Daily maximum) 001 Total residual chlorine * 1920 µg/1 28 µg/1(Daily maximum) 001 Total residual chlorine * 1850 µg/1 28 µg/1 (Daily maximum) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COMITY OF MECKLENBURG IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST WHITE FOREST WWT TRUST PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0207 Having been assessed civil penalties totaling S880.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 5, 2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE DWQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0207 Assessed Entity: White Forest WWT Trust Region: Mooresville County: Mecklenburg () () () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Whether the violator promptly abated continuing environmental damage resulting from the violation; Whether the violation was inadvertent or a result of an accident; ) Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied I I Full Remission 1 1 Partial Remission Amount Remitted Date Alan W. Klimek, P.E. Payment Case Num Remission Permit: INC[1t]6632 Petition Facility: White ForestWIP Owner: hite Forest MT CentralOffice Login Date:.07106/2006 CentralOffice Contact: 2Sledge, Robert Regional Contact: Alloeco‘Marciaa Enforcement Contact: Penalty Assessed Date: 0710512006 Letter Date: 07105d2006 Penalty Amount: ,800.00 Damages: Enforcement Cost: 8C1A15 Total Case Penalty: $850.1 Facility Received F&D: 07d06120 Response Due By: 00105120 ron be Related Violations NOV: nwide In AD: trlril:. Region: Mooresville mw` Incident: Comments: Users connec 112112010. R. Remission Request Remission Acknowledged: Ent Conf. Date: Remission Amount: Enf. Conf. Letter Date: Facitlty Revd. Enf. Conf. Ltr.: Total Amount Paid: Next > finish nts Events Penat Assessed jReview Monitoring Report: 04-2006 County: Mecklenburg Inspect Dt: !IUD. Facility closed ou Permii V_ n ut. Permit rescin Salutation for Letter: EMC Hearing Date: Remission Amount: EMC Results Received: Petition in OAH: Remission Amount: Case to Collection: Lrr11212007 Settlement Requested: 'iPage 111 S1D:ENCS Michael F. Easley, Gove William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 2, 2006 CERTIFIED MAIL 7003 2260 0001 3493 9351 RETURN RECEIPT REQUESTED Mr. H.E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Mecklenburg County Case No. LV-2006-0166 Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1078.95 ($1000.00 civil penalty + $78.95 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from March 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0063932. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: AVAA NCDENR Mooresville Regional Office Internet: www,ncwatertutality,org Division of Water Quality Phone 704-663-1699 On Carolina orally Customer Service 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 1000.00 For 10 of the ten (10) of violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 1000.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 1078.95 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 violations; (2) The duration and gravity of the violations; (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 violations were 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 ofthe penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, 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 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. if you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1.699. D. Rex Glean, P.E. Surface Water Protection. Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments JL ATTACHMENT A CASE NO. LV-2006-0166 Pipe No. Parameter Reported Value Permit Limit 001 TRC * 1950 ug/1 28 ug/1 001 TRC * 1250 ug/1 28 ug/1 001 TRC * 1950 ug/1 28 ug/1 001 TRC * 1720 ug/1 28 ug/1 001 TRC * 1850 ug/1 28 ug/1 001 TRC * 1720 ug/1 28 ug/1 001 TRC * 1880 ug/1 28 ug/1 001 TRC * 1750 ug/1 28 ug/1 001 TRC * 1920 ug/1 28 ug/1 001 TRC * 1520 ug/1 28 ug/1 * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST WHITE FOREST WWT TRUST PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2006-0166 Having been assessed civil penalties totaling $1078.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 2, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE DWQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0166 Assessed Entity: White Forest WWT Trust Region: Mooresville County: Mecklenburg ( ( ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ) Whether the violator promptly abated continuing environmental damage resulting from the violation;, ) Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied jj Full Remission Partial Remission Amount Remitted Date Alan W. Klimek , P.E. Payment° Rem e Num Permit: Facility: Owner: ries administration help Petition {{ t ollection Settlement Related Case. I Comments � Events _ Related\tfotations Penalty Assessed ( Review NOV:2 SOC: AD: _..._._ Monitoring Report `03-2006 Fztrestba(P Deat4s Region: aeresville County: Mecklenburg ForestVVWTTrust eta}ntain,. }ncident: ( Details, InspectDt: entralOffice Login Date: 6I2006-- CentralOffice Contact: iSledge, Robert Regional Contact: jLesley, John E. Enforcement Contact Penalty Assessed Date: 0610222006 Letter Date: •0610212006� Penalty Amount: 1000.00 Damages: Enforcement Cost: $78.95 Total Case Penalty: ;$1070.c3 Facility Received F&D: 061101200 Response Due By: 07f`10120i0 Comments Remission Request: Remission Acknowledged: Enf. Conf. Date: Remission Amount: Enf, Conf. Letter Date: Facility Rcvd. Enf. Conf. Ltr.: T t1 Total Amount Paid: 6rnittook effect 1-1-06 .. over Is aware of requirement for hlorination. rrs connected to CMVD. Facility closed out. Permit rescinde 11010_ RS Salutation for Letter: EMC Hearing Date: Remission Amount: EMC Results Received: Petition in OAH: Remission Amount Case to Collection: Settlement Requested: °jSID: ENOS Michael F. Easley, Gov William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P,E. Director Division of Water Quality CERTIFIED MAIL April 25, 2006 7003 2260 0001 3493 9047 RETURN RECEIPT REQUESTED Mr. H.E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Mecklenburg County Case No. LV-2006-0112 Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $778.95 ($700.00 civil penalty + $78.95 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from February 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0063932. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the mariner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: A.VA NCDENR Mooresville Regional Office Internet: www.novaterqualitv.org Division of Water Quality Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 Customer Service Carolina An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 700.00 For 7 of the seven (7) of violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 700.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 778.95 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 violations; (2) The duration and gravity of the violations; (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 violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. z-S Z�°� � /(7. (Date) D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments JL ATTACHMENT A CASE NO. LV-2006-0112 Pipe No. Parameter Reported Value Permit Limit 001 TRC * 1850 ug/1 28 ug/1 001 TRC * 1900 ug/1 28 ug/1 001 TRC * 1500 ug/1 28 ug/1 001 TRC * 800 ug/1 28 ug/1 001 TRC * 1900 ug/1 28 ug/1 001 TRC * 1820 ug/1 28 ug/1 001 TRC * 1550 ug/1 28 ug/1 * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST WHITE FOREST WWT TRUST PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2006-0112 Having been assessed civil penalties totaling $778.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 25, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE DWQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0112 Assessed Entity: White Forest WWT Trust Region: Mooresville County: Mecklenburg ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ) Whether the violator promptly abated continuing environmental damage resulting from the violation; () () Whether the violation was inadvertent or a result of an accident; Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied Full Remission Partial Remission 1 1 Amount Remitted Date Alan W. Klimek , P.E. ueries Track Enforcement Case 'Payment —'Remission e Num Permit: 0063932 P+tailc Facility: 'MVttite Forest4" Owner: fite ForestWVVTTrust ntral©ffice Login Date: 01Ct112006 CentralOffce Contact: Sledge,yRobert Regional Contact: Lesley,John E Enforcement Contact: Penalty Assessed Date: Letter Date: Penalty Amount: Damages: 041251200 70 Enforcement Cost: $70.95 Total Case Penalty: $778.95;'�� Facility Received F&D: 05/0212006 Response Due By: 0610112006 Mooresville. Related NOV: S©C: AD: Region: Incident: Comments: Remission Request: Remission Acknowledged: Enf. Conf. Date: Remission Amount: Enf. Conf. Letter Date: Facility Revd, Enf. Conf. Ltr.: Total Amount Paid: Events Penalty Assessed, Monitoring Report: County: Inspect Dt: 2-2006 ecklenburg Users connected to CMUD. Facility closed out. Permit rescinded 112112010. RS Next e Finish jReady Salutation for Letter: EMC Hearing Date: Remission Amount: EMC Results Received: Petition in OAH: Remission Amount: Case to Collection: lement Requested: Page 1i1 'SID: ENCS Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 25, 2006 CERTIFIED MAIL 7003 2260 0001 3493 9054 RETURN RECEIPT REQUESTED Mr. H.E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General. Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Mecklenburg County Case No, LV-2006-0111 Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $978.95 ($900.00 civil penalty + $78.95 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from January 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0063932. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: NCDENR Mooresville Regional office Division of Water Quality Internet: MIN w.ne vaterqualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 N'orthCaro ina Naturally Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 900.00 For 9 of the nine (9) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 900.00 TOTAL CIVIL PENALTY $ 78.95 Enforcement costs. $ 978.95 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 violations; (2) The duration and gravity of the violations; (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 violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director 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 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 "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 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, 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 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. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) ATTACHMENTS r D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments JL ATTACHMENT A CASE NO. LV-2006-0111 Pipe No. Parameter Reported Value Permit Limit 001 TRC * 1800 ug/1 28 ug/1 001 TRC * 1500 ug/1 28 ug/1 001 TRC * 1900 ug/1 28 ug/1 001 • TRC * 1100 ug/1 28 ug/1 001 TRC * 1820 ug/1 28 ug/1 001 TRC * 1550 ug/1 28 ug/1 001 TRC * 500 ug/1 28 ug/1 001 TRC * 1800 ug/1 28 ug/1 001 TRC * 1250 ug/1 28 ug/1 * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST WHITE FOREST WWT TRUST PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2006-0111 Having been assessed civil penalties totaling $978.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 25, 2006 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE DWO — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-0111 Assessed Entity: White Forest WWT Trust Region: Mooresville County: Mecklenburg ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; ( ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; ) Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied 1 1 Full Remission Prti Remission Amount Remitted Date Alan W. Klimek , P.E. NORTH CAROL/NA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE 610 EAST CENTER AVENUE, SUITE 301 MOORESVILLE,;'G 28115 3493 9054 R HITE FOREST W s RUT 6116 I-ONEYSU- -CKLE LAN El CHARLOTTE NC 212124 NIXIE 25.e. DC: 1 34 05/2 05 RETURN TO SENDER UNCLAIMED UNADLE TO FORWARD 2)j01j15257976 *0140•-,006'tsi�y7--25— IJIHJ MH IIIH III IJI113 I,III�I•t tttt It L Irrr rtirx ..« ` Track Enforcement Case Remission ueries Administration Petition Collection Case Numbb� Permit: `NC00f33932tail Facility: ite FcrretP Owner: White Forest Mil' CentralOffice Login Date: 05/0112006, CentralOftice Contact: "'Sledge Robert L. Regional Contact: Lesiey,John E. Enforcement Contact Penalty Assessed Date: 0412512'00 Letter Date: 04/251200 PenaltyAmount: 900.00 Damages: Enforcement Cost: $78,95 Total Case Penalty. $978,95 Facility Received F&D: Response Due By: OM 11200 rnent Related violations NOV: Details,... Maintain Related Cases AD: Region: Incident: Comments Remission Request: Remission Acknowledged: Enf Conf, Date: Remission Amount: Ern`, ConfLetter Date: Facility Rcvd, Enf. Conf. Ltr.: Total Amount Paid: easinwide inforrnatio,., Uext Events_ naiiv Assessed Monitoring Report: County: Inspect Dt: Mecklenburg Revie Users connected to CMUD. Facility closed out. Permit rescinded 112112010. RS 1Ready Salutation for Letter. EMC Hearing Date: Remission Amount: EMC Results Received: Petition in OAH: Remission Amount: Case to Collection: Settlement Requested: Page 111 SiD: ENCS 47ic^aef F. Easley Governor William G. Ross. Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P.E, Director Division of Water Quality 4:wL NCDENR March 4, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8287 7941 Mr: H.E.Mullis White Forest ' WT Trust 116-J Freeland Lane Charlotte, NC 28217 SUBJECT: Notice of Violation and Assessment of Civil. Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Case No. LV 03-167 Mecklenburg County Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty + $85.45 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by White Forest WWT Trust for the month of October 2002. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0063932. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2 ). 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, D. Rex Gleason., Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville. NC 28115 PHONE (704) 663-169.9 1 800 627,-7748 FAX (704) 663-6040 tr0- 85.45 For / of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Fecal Coliform, TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality wi review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 d Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /21 ' (-2-J .%?- _ (Date) D. Re leason, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments RMB Attachment A White Forest WWT Trust White Forest WWTP NPDES Permit No. NC0063932 Case Number LV 03-167 Limit Violations, October 2002 Daily Maximum Limit Violations Parameter Reported Value Limit Units Fecal Coliform 550 * 400 #/100 ml * denotes assessment of civil penalty. STATE OF NORTH CAROLINA COUNTY OF Mecklenburg IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST White Forest WWT Trust PERMIT NO. NC0063932 DEPARTMENT OF ENVIRO I VIE: AND NATURAL RESOURCES ) WAIVER OF RIGHT TO AN OF AD�STRATIVE HEARING ) AND STIPULAHON OF FACTS FILE NO. LV 03-167 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quai,ity dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2003 BY ADDRESS TELEPHONE Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant tr 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. 641 C4114r4.K t01 z4 (o Z. Sso Aio 44r 77 4y- vcia 14-! ,u. -f .a r2 : ....•44 'j`T L. 4-4 4-..a /' L—t 5o t ;�' �n • �x u k k—e . �f- �4- Po-- �•, �� , I certify, under penalty of law, that this document and all attachments were prepared under my directions or supervision in accordance with a system designed to assure that qualified personnel properly gather the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and compleate. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Kevin Curl Permittee (Plea Signatureof Permittee" 107 Commercial Park Drive , Concord, NC 28027 704-788-9497 Permittee Address Phone Number 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 B0D5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total IGeldhal Nitrogen 00630 Nitrates/ Nitrifies 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride PARAMETER CODES pe) 00951 Total Fluoride 01092 Zinc 01002 Total Arsenic 01105 Aluminum 01027 Cadmium 01032 Hexavalent Chromium 01147 Total Selenium 01034 Chromium 31616 Fecal Coliform 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Row 4 Date Permit Exp. Date 50060 Total Residual Chlorine 71880 Forrnaldehy 71900 Mercury 81551 Xylene Parameter code assistance may be obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534 ' ORC must visit facility and document visitation of facility as required per 15A NCAC 8A .0202 (b) (5) (B). The monthly average for fecal coiiform is to be reported as a GEOMETRIC mean. Use onty units designated in the reporting facility's permit for reporting data. If Signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 28 .0506 (b) (2) (D). OLC Form-2 121100 1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration. the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow Monthly Average 0.017 MGD LIMITS Weekly Average Daily Maximum MONITORING REQUIREMENTS Measurement Frequency Weekly Sample Type Instantaneous Sample Location' Influent or Effluent BOD, 5-day (20°C) 30.0 mgiL 45.0 ma'L Weekly Grab Effluent Total Suspended Residue 30.0 mQ/L 45.0 mgiL Weekly Grab Effluent NH3 as N (April 1 — October 31) Weekly Grab Effluent NH3 as N (November 1 — March 31) Dissolved Oxvoe Fecal Coliform (geometric mean) 200/100 ml 400/100 mi Weekly Weekly Weekly Grab Grab Effluent Effluent. Upstream & Downstream Effluent, Upstream & Downstream Total Residual Chlorine a'Week Grab Effluent Temperature (°C) Da y Grab Effluent Temperature (°C) Weekly Grab Upstream 3 . Downstream pH2 Weekly Grab Effluent Footnotes: 1. Upstream: 100 feet from discharge point: Downstream: 100 feet from discharge point. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Case Number LV 03 Fast Track Worksheet 167 Facility Name Permit Number Previous Case in the Last two years White Forest WWTP NC0063932 Statutory Maximun per violation Number of Assessments for previous 6 DMRs 0 20 03 0 40 0 1.00 I $25,000 Total Assessment Factor = Total Number Number Penalty/ Assessment Violations Assessed Parameter Violation Violation Factor Total Penalty Fecal Coliform Comments Weekly avg/daiiy max. $250 Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. $250.00 $250.00 Prepared by Richard Bridgeman sks:Queries dtxiinist Track Enforcement Case Payment Remission Petiti rHimt't�ir � Case Numb Permit: N0063932 Facility: WhiteryForest WWTP Owner: White ForestWWTTrust, tin Settlement Related Violations CentralOffice Login Date; 07120/2004 CentralOffce Contact: pledge, RobertL: .LL Regional Contact Bnd0eman Richard Enforcement Contact Penalty Assessed Date: 03/041200 Letter Date: 3t041200 Penalty Amount: $26Q.00r Damages: Enforcement Cost: Total Case Penalty. Facility Received F&D: i03105I2003 Response Due By: 0410412003 asinkNide Region: ain.., [ Incident: Comments: Comments Events Penalty Assessed Mooresvill Remission Request. Remission Acknowledged: Enf, Conf. Date: Remission Amount: Enf. Conf. Letter Date: Facility Rcvd, Enf. Conf. Ltr: Total Amount Pald Monitoring Report: '10-2002. County: h4ecklenburg inspect Dt: sers connected to CMUD. Facility dosed out. Permit rescinded Review Salutation for Letter. EMC Hearing Date: Remission Amount: EMC Results Received: Petition in OAH: Remission Amount: Case to Collection: lement Requested: aae 'l11 jSID: ENCS INVOICE Remit to: Dustin K. Metreyeon d.b.a. Metwater Con-ops 1000 Woodhurst Drive Monroe NC 28110 704.283.0909 home 704.506.4255 cell Dmetwateroi.cttm email Bill to: Gene Mullis clo White Forest WWTP Decommission 8033 Hood Road Charlotte NC 28215 ph: 704.634.7991 10/15/2007 IVF001 Job contact: Gene Mullis Date: Project Management and Consultation regarding the pumping and cleaning out of the White Forest WWTP for ultimate abandonment by owner: 10/3/2007 Bio-Tech pump. Clean and haul to disposal at CMUD specified facility Sept / Oct. 07 Metwater project manager set up and follow to completion necessary pump and haul activity $1,300.00 3260.00 Total this invoice S1,660.00 State of North Carolina Utilities Commission Mailing Address 4325 MAIL SERVICE CENTER RALEIGH, NC 27699-4325 COMMISSIONERS EDWARD S. FINLEY, JR., Chairman ROBERT V. ©WENS, JR. SAMUEL J. ERVIN, IV LORINZO L. JOYNER July 8, 2008 Rebecca Brock SunTrust Banks, Inc. Mail Code NC -Cary 3140 1400 Crescent Green Drive, Suite 120 Cary, NC 27518 COMMISSIONERS JAMES YANCEY KERR, II HOWARD N. LEE WILLIAM THOMAS CULPEPPER, III Re: Release of Certificate of Deposit for W-1157, Sub 1 (Harold E. Mullis, d/b/a White Forest Wastewater Treatment) Dear Rebecca: Enclosed please find the commission's June 5, 2008 order approving the cancellation of the Harold E. Mullis, d/b/a White Forest Wastewater Treatment sewer utility service franchise. This order also releases the $10,000 BB&T certificate of deposit surety. Please release the certificate of deposit to Mr. Mullis. Thank you very much for your assistance. Sincerely, Renne Vance Chief Clerk NC Utilities Commission cc: Harold E. Mullis enclosure STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1157, SUB 1 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Harold E. Mullis, d/b/a White Forest Wastewater Treatment, 116-J Freeland Lane, Charlotte, North Carolina 28217, for Authority to Cancel Franchise for Sewer Utility Service in White Forest Subdivision in Mecklenburg County, North Carolina ORDER CANCELING FRANCHISE AND CLOSING DOCKET BY THE COMMISSION: On September 18, 2006, Harold E. Mullis, d/b/a White Forest Wastewater Treatment (Applicant), filed a letter with the Commission seeking authority to discontinue sewer utility service in White Forest Subdivision in Mecklenburg County, North Carolina. On October 10, 2006, the Commission issued an Order Requiring Customer Notice in which the remaining customers were given a deadline for connecting to the new Charlotte -Mecklenburg Utilities sewer line. The Applicant has notified the Public Staff and the Commission that all customers have disconnected from the Applicant's system. The Public Staff has recommended that an Order be issued granting the Applicant's request to discontinue sewer service and closing the docket. Based upon the foregoing, the Commission is of the opinion that an order should be issued granting the request to discontinue sewer utility service, canceling the franchise, returning the bond and surety previously filed, and closing the docket. rb60408,64 IT IS, THEREFORE, SO ORDERED. ISSUED BY ORDER OF THE COMMISSION. This the 5th day of June , 2008. NORTH CAROLINA UTILITIES COMMISSION 4t. L.Mourn* Gail L. Mount, Deputy Clerk c September 12, 2007 Mr. Gene Mullis White Forest WWTP 8033 Hood Rd. Charlotte, NC 28215 ©TTESM Subject: Temporary Pump and Haul for removal of domestic wastewater Dear Mr. Mullis: This letter is in reply to your request to pump and haul domestic wastewater from the de -commissioned, NPDES # NC0063932 , White Forest wastewater treatment plant. Permission to discharge to septage facilities located at McAlpine Creek (NPDES #NC0024970) or Irwin Creek (NPDES #NC0024945) Treatment Facilities is granted for domestic wastewater only from the White Forest wastewater treatment plant. In addition, the following conditions shall apply: 1. you must use a N.C. Solid Waste permitted waste hauler to pump and haul the wastewater from the site indicated above. 2. The firm must be on the approved list for entry into the CMU system. 3. The hauler must adhere to all procedures and Sewer Use Ordinances pertaining to hauled waste in the CMU system. If you have any questions, or for further assistance, please call me at (704) 391-5161. Sincerely, Tirn Downs Environmental Compliance Supervisor System Protection Environmental Management Division Charlotte Mecklenburg Utilities System Protection Division 5100 Brookshire Blvd. Charlotte, NC 28216 Phone: 704/394-9284 Fax: 704/399-2833 Charlotte -Mecklenburg Utilities Current Address for White Forest WWTP H. E. Mullis 8033 Hood Road Charlotte, NC 28215 704-634-7991 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED Gene Mullins 8033 Hood Rd Charlotte, NC Dear Per tee: June 18, 2008 TEM 7002 0860 0006 5836 0083 - RETURN ItECEIP'T REQUESTED 28215 Subject: Notice of Vaco LL1l Failure to Submit Renewal Application NPDES Permit NC0063932 White Forest WWTP Mecklenburg County The subject permit's expiration date is November 30, 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 June 3, 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 143-215.6 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 July 3, 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, ORIGINAL SIGNED BY SUSAN A. WILSON Coleen H. Sullins cc: Central File NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles.weaver@ncmail.net N©rthCar©lina 77aturallri An Equal Opportunity/Affirmative Action Employer-- 50% Recycled/10% Post Consumer Paper NPDES Permit NC0063932 White Forest WWTP Mecklenburg 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 Authorized 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 discharging industrial process wastewater: o Industrial facilities classified as Primary Industries (see Appendices A-D to 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 NCDENR 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 Gene Mullis White Forest WWT Trust 116-J Freeland Ln Charlotte, NC Dear Permittee: 28217 April 2, 2008 Subject: Renewal Notice NPDES Permit NC0063932 White Forest WWTP Mecklenburg County Your NPDES permit expires on November 30, 2008. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than June 3, 2008. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after November 30, 2008, the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, NPDES Unit cc: Central Files NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083, extension 511 / FAX 919 733-0719 / charles‘weaver@ncmail.net APR ne, don Nortnuaro Natural!, An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NPDES PERMIT NC0063932 WHITE FOREST WWTP MECKLENBURG 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 Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part ILB.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 items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 13, 2006 Mecklenburg County Sheriffs Office 700 Fast 41" Street Charlotte, North Carolina 28202 Re: NOTICE OF SERVICE H.E. Mullis Dear Sheriff: Please serve the attached correspondence as follows: H.E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, North Carolina 28212 It is our understanding that because we are a State agency, no fee is required for this service. We would appreciate your returning the completed Return of Service form in the return envelope provided herein. The SWP Section appreciates this assistance from your department. Should you have any questions, please contact me at (704) 663-1699, ext. 2204. Sincerely, Marcia Allocco Environmental Chemist Enclosures ATA P4CDENR Mooresville Regional Office Internet: wwyjrjjgiljtyorg Division of Water Quality Phone 704-663-1699 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 om NorthCarolina Naturally Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper CERTIFIED MAIL RETURN RECEIPT REJEST Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Dear Mr. Mullis: William G. Ross Jr_, Seem tan North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director r?ivis€on of Water Quality August 1 1 , 2006 7003 2260 0001 3494 6762 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-21.5.1(a)(6) and NPDES Permit No. NC0©6932 White Forest WWTP Mecklenburg County Case No, LV-2006-0294 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1, )80.15 ($1,000.00 civil penalty + $80.1.5 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of th.e self -monitoring data from May 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0063932. The violations are summarized. in Attachment A to this letter, Based upon the above facts, I conclude as a matter of law that White Forest WWT Trust violated the terms, conditions, or requirements of NPDES Permit No. NC006932 and North Carolina. General Statute (G.S.) 143-21.5.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed, in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: 71 NCDENR Mooresville Regional Office Internet: www,novatcrqualitv.orL Onc N% thCarolina Vatrlr'al y Division of Water Quality 610 Fast Center Ave, Suite 301 Mooresville, NC 281 15 Fax 704-663-6040 1-877-623-6748 Phone 704-663-1699 Customer Service An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 1,000,00 1,000.00 80.15 1,080. 5 For 8 of the eight (8) violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. TOTAL CIVIL PENALTY Enforcement costs. 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 violations; (2) The duration and gravity of the violations; (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 violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement 'Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR Submit a written request for re such request: ion including a detailed justification for 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 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 that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of thepetitioner; (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. I'lea.se note that all information presented in support of your request for remi lion rtnustt be submitted in writing. The Director 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 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 "Waiver of Right to an Administrative hearing and. Stipulation of Facts" fbrin 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 161.7 Mail Service Center Raleigh, North Carolina 27699-1.617 OR 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letterthe) 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 th.e violations are of a oj jrmingnature, not related. to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider appl 'n fora. Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. D. Rex Surface Water Protection. Regional Supervisor Mooresville Regional. Office Division of Water Quality ATTACfIMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA ATTACHMENT A CASE NO. LV-2006-0294 Pipe Parameter Reported Value Permit Limit No. 001 Residual chlorine *1,850 i_tg/1 (Daily maximum) 28 [tg/1 (Daily maximum) 001 Residual chlorine *1,800 vig/I (Daily maximum) 28 vig/1 (Daily maximum) 001 Residual chlorine *1,950 i_ig/1 (Daily maximum) 28 p.g/1 (Daily maximum) 001 Residual chlorine * 1,320 Kg/1 (Daily maximum) 28 ug/1 (Daily maximum) 001 Residual chlorine *1,880 i.ig/1 (Daily maximum) 28 p,g/l (Daily maximum) 001 Residual chlorine *1,330 yig/I (Daily maximum) 28 pg/1 (Daily maximum) 001 Residual chlorine *650 vtg/1 (Daily maximum) 28 [ig/1 (Daily maximum) 001 Residual chlorine * 1,920 vig/1 (Daily maximum) 28 [10 (Daily maximum) * Denotes civil penalty assessment STATE OF NORTH CAR©LINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINNST WHITE FOREST WWT TRUST PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS E NO. LV-2006-0294 laving been assessed civil penalties totaling $1,080.15 for violation(s) as set forth in the assesdocument of the Division of Water Quality dated August 11, 2006, the undersigned., desiring to seek remission of the civilpenalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 AD ,SS BY ENE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0294 Assessed Party: White Forest wwr Trust County: Mecklenburg Permit Number: NC0063932 Amount Assessed: $1,080.15 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 .5tipulation (0-acts" 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 limitedto consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civii penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed), (a) one o iore of the civitpenalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment actors 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 o a .esult of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare Ibr ); (d) the violator had not been assessed civil penalties for_anyTrevious violations; (e) payment of the civil_pen.alty will prevent payment fort rernajjing necessary remedial actions (i. e., explain how payment o • the civil penalty will prevent. youfrom performing the activities necessary to achieve compliance). EXPLANATION: se additional pages as necessaty) NCDENR. NORTH CAROLINA DEPARTMENT OP ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE 6/0 EAST CENTER AVENUE, SUITE 50 I MOORESVILLE, NC 28115 SURFACE WATER PROTECTION SECTION 7003 2260 0001, 3494 6762 H.E. MULLIS WHITE FOREST WWT TRUST 611.6 HONEYSUCKLE LANE CHAR Performance Annual Report General. Information Facility/System Name White Forest Responsible Entity: White Forest WWT Trust Person in Charge/Contact: Aqua North Carolina, Inc. is contract operator Applicable Permit (s): 1y C0063932 Description of Collection System or Treatment Process: This 0.017 mgd wastewater treatment facility consists of a bar screen, aeration tank, clarifier, aerated sludge holding tank and chlorination. II. Performance Text Summary of System Performance for Calendar Year 2005: This plant consistently met discharge permit limits in 2005. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March Compliant April Compliant May Compliant June Compliant July Comp 1 iant August Compliant September Compliant October Compliant November Compliant December Compliant IL Notification This report was sent to the owner of the wastewater facility for distribution. III. 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. Date: 2/14/06 Responsib erson Title: Regional Manager, Engineering & Compliance Entity: Aqua North Carolina, Inc. North Carolina November 2, 2006 Barbara Sifford Division of Water Quality MooresvilleRegional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Aqua North Carolina, Inc. 4163 Sinclair Street Denver, NC 28037 Subject: Aqua North Carolina, Western Division Annual Report Barbara, AND MOORE T: 704,489.0401 c s .o'Jr F: 7©4.489.94©9 www.aquanorthcarolina.com NOV 0 6 200 I have enclosed a copy of our 2005 Annual Reports. As we discussed, I will add you to the distribution list for our 2006 reports. If you have any questions or require additional information, please do not hesitate to contact me at (704) 489-9404, Extension 228. hank A Welborn Envrrtsn ental Coordinator Enclosure An Aqua America Company Neil R- Phillips President Aq-ua North Carolina/Heater Utilities V Norte Car a[in June 1, 2005 Jessica Miles Public Water Supply Section Chief 1634 Mail Service Center Raleigh, North Carolina 27699-1634 Alan Klimek, P.E. Director Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: Delegation of Signature Authority Aqua North Carolina . 202 VfacKenan Ct. t , North Carolina 77.511 T: 919.467 _S7L' F:919.461178S ern,ul: nreht11ipshaauaatme ie To Whom It May Concern: I am writing this letter delegating authority tosign on my behalf all permit applicaticrlsw, reports, and other agency correspondence to Michael J. Myers. I currently hold the position of President of Aqua North Carolina and Heater Utilities along with being a'ice President of Aqua America and have the authority to delegate these activities to Mr. Myers. Mr. Myers currently holds the position of Engineering and Compliance Manager for Aqua North Carolina and Heater Utilities. This delegation of signature authority meant to fulfill the requirements of NCAC 2H .4106 (e), NCAC 2H .0206 (b)(1), and various permit conditions. Thank you. Aqua North Carolina and Heater Ullties look, forward to working with your agencies in the future. If you have any quest1ons, please do not hestiate to contact either myself or Michael Myers using the contact information above. sident Aqua North Carolina, SnclHeater Cc: Bill Reid, Wake County Envirott David Goodrich, Division of Vat Kim Colson, Division of Water Q Wayne Munden, Public Water Su Michael Myers Blythe Cliffi5rd Robyn Thomas ntal Services Quality lity ly AOUA North Caroling Compliance & Engineering Department Aqua North Carolina T: 919.467.8712 202 MacKenan Ct. F: 919.466.1583 Cary, North Carolina 27511 July 18, 2005 Regional Supervisor Rex Gleason NCDENR 610 East Center Avenue Mooresville, NC 28115 RE: Declaration of Signature Authority Dear Regional Supervisor Gleason, Find enclosed correspondence indicating that Michael Myers is able to sign permit applications, reports, and other agency correspondence. Should there be any questions, do not hesitate to call me at (919) 467-7854 ext. 47 ©r Michael Myers ext. 706. En Encl. s Harvey and Compliance cc: Michael Myers, Engineering and Compliance Manager AQUA NORTH CAROLINA WASTEWATER FACILITIES SUBDIVISION COUNTY NPDES # Country Valley Catawba NC0058742 JX Killians Crossroads Catawba NC0063355 X Spinnaker Bay Catawba NC0060593 Alexander Island Iredell NC0075205 x Castaway/Bridgeport Iredell NC0056154 i Diamond Head Iredell NC0074772 4. Hwy 150 (River Park) Iredell NC0074900X Mallard Head iredell NC0062481 FX Pier 16 Iredell NC0074535 Windemere Iredell NC0080691 Mecklenburg NC0065749 J< Ashe Plantatation Harbor Estates Mecklenburg NC0063860 McCarron Mecklenburg Mecklenburg NC0071781, NC0063789'� Mint Hill Festival Oxford Glen /Reigate Mecklenburg Mecklenburg NC0063584`j NC0063932 X �d�1atr,ots Willowbrook Mecklenburg NC0073539 ?<. Willows Creek Mecklenburg NC0065773 Pine Valley Rowan NC0028941 ' Country Woods East Union NC0065684 (WQCS00322) ' Public Water Systems - Backwash Systems SUBDIVISION COUNTY NPDES# Fox Run Gaston NC0072061 Keltic Meadows Gaston NC0084468 "{ Maplecrest Gaston NC0086193 Oakley Park Gaston NC0086142 Southgate Gaston NC0069035" 11/2/2006 *41 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Dear Mr. Mullis: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director April 13, 2005 7003 2260 0001 3551 8586 SUBJECT: NOTICE OF VIOLATION Tracking #: NOV-2005-00-PC-0054 Compliance Evaluation Inspection White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County, NC On March 24, 2005, Mr. Jeff Price of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation (NOV) because of the noted violations of the subject permit and North Carolina General Statute (G.S.) 143-215.1, as detailed under the Self -Monitoring Program section heading. It is requested that a written response be submitted to this Office by no later, than Mav 6t 2005, addressing the violations and/or deficiencies noted under the Records/Reports, Facility Site Review, Self -Monitoring Program and Operations/Maintenance section headings of the report. Please direct your response to Mr. Richard Bridgman of this Office. Additionally, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202. Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper N©rthCarolina Naturally Mr. H. E. Mullis Page Two April 13, 2005 If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely, D. Rex Gleason, P.E. urface Water Protection Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP Neil Phillips President Aqua North Carolina, Inc. 700 N. Regional Rd. Greensboro, NC 27409 DRG/jsp FILE: White Forest.N00063932.0305.doc United States Environmental Protection Agency, Washington, DC 20460 Form Approved NPDES Compliance Inspection Report ©A OMB No. 2040-0003 North Carolina Department of Environment and Natural Resources 7 Approval Expires Division of Water Quality, Mooresville Regional Office NC©ENR 7/31/85 Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0063932 05/03/24 C C 2 Remarks: Inspector: Mecklenburg County Water Quality Program nspection Work Days Facility Self -Monitoring Evaluation Rating BI QA 1.0 2 y N N Section B: Facility Data Name and Location of Facility Inspected: White Forest WWTP 8033 Hood Rd, Mecklenburg County, NC Entry Time: 02:00 pm Exit Time: 02:38 am Date: March 24, 2005 Permit Effective Date: my 1, 2004 Expiratio November 30, 2008 Name(s) of On -Site Representative / Title(s) / Phone No(s): Kevin Curl / ORC / Aqua North Carolina, Inc, (704) 788-9497 Name and Address of Responsible 0 Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Title: Owner Phone No. (704) 904-0178 Contacted? No ction C: Areas Evaluated During Inspection ® Permit ® Flow Measurement ® Operations & Maintenance ® Sewer Overflow ® Records/Reports ® Self -Monitoring Program Sludge Handling/Disposal [1] Pollution Prevention Facility Site Review Compliance Schedules Pretreatment Program g ©Multimedia Effluent/Receiving Waters ® Laboratory 0 Stormwater © Other: Section D: Sum Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspector Price Agency/Office/Telephone: MCWQP / (704) 336-5500 Da April 1, 2005 Signature of Reviewer: Agency/office EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete GENERAL: The facility was last inspected by MCWQP on March 4, 2004. A Compliance Evaluation Inspection Report was issued as a Notice of Deficiency (NOD) on March 23, 2004. PERMIT: The previous permit became effective on January 1, 2001, and expired on November 30, 2003. The facility continued to operate under the previous permit requirements until June 30, 2004. A new permit was issued on July 1, 2004 and will expire November 30, 2008. The existing 0.017 MGD facility is an extended aeration package wastewater treatment plant with a bar screen, aeration basin, rectangular clarifier, sludge holding tank, tablet chlorinator, and chlorine contact tank. Mr. Kevin Curl was the Operator -in -Responsible Charge (ORC) throughout the period of review. Mr. Curl maintains a North Carolina Operators Certification Grade IV, which is acceptable for the class of the facility. Mr. Curl's Certification Number is 9457. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period January 2004 through January 2005. Visitation and process control records are kept on -site in a logbook. All records appeared to be complete except that DMRs dated January and May 2004 incorrectly identified the facility's compliance status. FACILITY SITE REVIEW: All of the existing components of the facility were operational at the time of the inspection. The clarifier appeared very murky and considerable pin floc was noted. This problem had been observed during the previous two inspections (2003, 2004). In previous inspections, the ORC reportedly changed the operational set times on the blower cycles in order to address the situation (allow for increased settling times). This did not appear to resolve the problem. During this inspection, the ORC stated that inflow and infiltration (INI) from recent storm events may have impacted the treatment system. No effluent was discharged during the inspection. RATING: Unsatisfactory FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. A permanently attached staff gauge has been installed at the v-notch in order to ensure accurate, repeatable readings. LABORATORY: Aqua North Carolina Inc. (formerly AquaSource) operated a NC State Certified Laboratory for the analysis of wastewater (NC Certification No. 365). AquaSource was also State Certified for the collection of field parameters. All compliance samples collected for analysis at the White Forest facility were submitted to the AquaSource Lab. The lab has now closed and was not evaluated during this inspection. All future samples for analysis will be sent to Water Tech Labs, Inc. (NC State Certification #50) in Granite Falls, NC. EFFLUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. No effluent was discharged to the receiving stream during the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period January 2004 through January 2005. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits, as monitored during the review period, except for the following: 1. Two (2) Biochemical Oxygen Demand (BOD5) values, one reported on January 6 and one reported on May 12, 2004, were flagged with QA/QC notations indicating that the sample dilutions did not meet the minimum DO depletion requirement. The failed QA/QC parameters rendered sample analyses invalid and did not allow a determination of compliance. This constitutes two (2) violations of the subject permit for Failure to Monitor. 2. One (1) Fecal Coliform value (1100 Co1/100m1) in excess of the daily maximum permit effluent limit was reported on March 2, 2004. This constitutes one (1) violation, for which a NOV was issued (NOV-2004-LV-00327). RATING: Unsatisfactory OPERATIONS & MAINTENANCE: Visual observations of the clarifier over the past three annual inspections (2003, 2004, 2005) appear to suggest that there are ongoing problems with the operation of the package treatment system, possibly due to limited biomass or insufficient influent. It is recommended that you contact Ms. Sonja Basinger (Wastewater Consultant) at the Mooresville Regional Office for additional guidance and information. RATING: Unsatisfactory SLUDGE HANDLING/DISPOSAL: The ORC reports that no solids have been wasted from the facility during the previous 3 periods of review. Piedmont Septic Service of Rowan County is the contracted septage hauler for this facility. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704/663-1699) as soon as possible but no later than 24 hours from the time the permittee becomes aware of the bypass. For spills/bypasses that occur in Mecklenburg County, it is requested that MCWQP be notified at 704/336-5500. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 800/662- 7956, 800/858-0368, or 919/733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. u n:m:nuumuirm Performance Annual Report General Information Facility/System Name White Forest Responsible Entity: White Forest Vi T Trust Person in Charge/Contact: Aqua North Carolina, Inc. is contract operator Applicable Permit (s): Description of Collection System or Treatment Process: This 0.017 mgd wastewater treatment facility consists of a bar screen, aeration tank, clarifier, aerated sludge holding tank and chlorination. II. Performance Text Summary of System Performance for Calendar Year 2004 This plant has met discharge permit limits with one exception as noted. List (by month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. January Compliant February Compliant March The daily Fecal Coliform maximum limit of 400 colonies per 100 ml was exceeded with a result of 1100 colonies per 100 ml. April Compliant May Compliant June Compliant July Compliant August Compliant September Compliant October Compliant November Compliant December Compliant II. Notification This report has been made available to the owner of the system for distribution. III. 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. Date: 2/2/05 Responsible Person Title: Compliance & Engineering Manager Entity: Aqua North Carolina, Inc. North Caroline Department on, M William G. Ro. s Jr.. Secretary nment and Natural Resources Alan W. Klimek.. I'. fT I)irectnr Division or Water Quality Colocn H. Sullins. r)eputy t)ircclnr Division of watcr Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Subject: Dear Mr. Mullis : July 15, 2004 7003 2260 0001 3550 2134 Notice of Violation - Effluent Limitations White Forest WWTP NPDES Permit No. NC0063932 NOV-2004-LV-0327 Mecklenburg County A review of the March 2004 self -monitoring report for the subject facility revealed a the following parameter: Pipe 001 Parameter Fecal Coliform Reported Value Limit 1100/100 ml 400/100 ml FIN ation of Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit Rusty Rozzelle, MCWQP N©h RIvIIiB ,Naturally Dirn 0 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Ke: bouKsavann Ngaoluangratn INUV Subject: Re: Souksavanh Ngaoluangrath NOV From: Richard Bridgeman <Richard.Bridge Date: Tue, 24 Aug 2004 11:56:50 -0400 To: "Jeff S. Price" <PR10EJS@co.meck1enburg.nc.us> We'11 let this old dog lie. I'll cook the books to indicate a resolution. Jeff S. Price wrote: Hi Richard, I did not know that an NOV had never been received. I have been patiently awaiting a copy of the response. In the meantime, the violation has been resolved. The residents dropped the lawsuit and paid up the back -charges. The service provider re-established sewer service to the residence by the time the NOV was mailed. I hand delivered a copy to their front door, but as per usual, no response from the residents. Since the violation has been resolved, we may want to consider dropping this one. Please advise. 8928 Myra Way - White Forest Subdivision Jeff Price Environmental Hygienist Mecklenburg County Government Land Use and Environmental Services Agency Water Quality Program (704) 336-8532 "Richard Bridgeman" <Richard.Bridgeman@ncmail.net> 8/23/2004 2:12:06 PM >» Jeff, this NOV left this office on 6/18/04 and came back marked "Unclaimed" today, over 2 months later. Based on the investigative report, Mr. N's violation was rather blatant. Do you need to hand deliver the NOV? Has the violation been resolved? I failed to get the NOV into my personal tracking system, so was not aware that a response had not been received. 1 of 1 8/26/2004 1:12 PM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) Ced • Return Redept • (Endorsement Requl 3 Restricted Delivery O (Endorsement Required U U 3 MR SOUKSAVANH NGAOLUANGRATI1, OWNER 8928 MYRA WAY Of CHARLOTTE NC 28215 wq/nnb 6/18/04 :edified Mail Provides; ■ A mailing receipt (esJeaeriJ ZOoz eunf 'owe twoJ g, ■ A unique Identifier for your maitpiece ■ A record of delivery kept by the Postal Service for two years Mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mans or Priority Mail ■ Certified Mail Is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDE© with Certified Mail. Ft valuables, please consider Insured or Registered Mao. ■ For an additional fee a Return Receipt may be requested to provide proof a delivery. To obtain Reium Receipt service please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover ttr fee. Endorse malipiece Return Receipt Requested". To receive a fee waiver fo a duplicate return receipt, a USPS0 postmark on your Certified Mall receipt i required. ■ For an additional fee, delivery may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mallplece with th endorsement 'Restricted Delivery. ■ If a postmark on the Certified Mail receipt Is desired, please present the aril ale at the post office for postmarking, If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mall. MPORTANT: Save this receipt and present It when making an Inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. ichaei F. Easley, Go William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Colecn H. Sullins, Deputy Director Division of Water Quality June 18, 2004 CER'1`iy iE RETURN RECEIPT REQUESTED Mr. Souksavanh Ngaoluangrath, Property Owne©03 2260 0001 3550 1854 8928 Myra Way Charlotte, NC 28215 Subject: NOTICE OF VIOLATION Incident #: 200401210 Tracking #: NOV-2004-DV-0024 Violation of G.S. 143-215.1(a) Discharge of Sewage 8928 Myra Way, Charlotte Mecklenburg County, N.C. Dear Mr. Ngaoluangrath Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environrnental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality has the delegated authority to enforce adopted pollution control rules and regulations. On June 4, 2004, Mr. Jeff Price of the Mecklenburg County Water Quality Program (MCWQP) conducted an investigation of your property located at 8928 Myra Way. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. As a result of this investigation, the following condition was found on the property in violation of G.S. 143-215.1(a): Discharge of sewage to the ground. Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-fiverthousan`d dollars ($25,000.00), or twee ty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. You will be advised of anv enforcement recommendation. N�o�ttCaroh ,Vatura4 919 North Main SbCet. Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Mr. Souksavanh Ngaoluangrath, Property Owner Page 2 June 18, 2004 To comply with the law, it will be necessary to immediately discontinue all illegal discharge activity. It is also recommended that you implement corrective actions to eliminate the potential for recurrent illegal discharges. It is requested that you respond, in writing, to this Notice, indicating the actions you have taken to correct the violation. Please address your response to me by no later than July 9,2004. Also, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 North Tryon Street, Suite 205, Charlotte, NC, 28202. Should you have questions, please do not hesitate to contact Mr. Richard Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Superviso DRG/jsp File Name: Naa©luangatK0608O4.nov EPIC - WQ 06/11/2004 SERVICE REQUEST/WORK ORDER PAGE NO: LOG NUMBER: 2004-00526 SECTION: WQY ENVIRONMENTALIST: Jeff S. Price NATURE OF REQUEST: Administrative Request/Work Order FILE DESCRIPTOR 1: IC-F(1)-CI FILE DESCRIPTOR 2: WHITE FOREST WWTP CONTACT: COMPANY/WORKPLACE: ADDRESS: GENE MULLIS DATE: 06/07/2004 @ 14:37 TAKEN BY: Jeff S. Price REQUESTING PARTY INFO BUSINESS PHONE NO: (704) 634-7991 HOME PHONE NO: ( ) - NOTIFICATION PROMPT: Phone Book FACILITY INFO COMPANY: SOUKSAVANH NGAOLUANGRATH ADDRESS: 8928 MYRA WY CHARLOTTE NC 28215- - CONTACT: Souksavanh Ngaoluangrath PHONE NO: (704) 566-9554 ACTIVITIES 10808310 SERVICE REQUESTED..: Gene Mullis reports sewer service disconnected at 8928 Myra Way. Please investigate, ACTION TAKEN.......: 6/2/2004 Rusty Rozzell (MCWQP) received notification from Mr. Gene Mullis that sewer service to 8928 Myra Way had been disconnected due to non-payment. 6/4/2004 JPrice responded to 8928 Myra Way. I spoke to Mr. Mullis. He disconnected sewer service by cutting the lateral at the street and capping the open ended pipes. The disconnection was conducted mid -day and the residents were not contacted directly. Mr. Mullis left a message on their door indicating the status of the service. Mr. Mullis also stated that he had never contacted the residents directly, but that they had ignored payment due notices for over 1 year, and that they had an outstanding balance in excess of $2000. Mr Mullis stated that he disconnected the service based on advice that he received from Jack Floyd (NC Public Utilities Division). The excavation area where the service had been disconnected was evident. Also evident were three 5-gallon buckets, inverted on the lawn. Under each bucket was a pvc cleanout, presumably from the sewer lateral. One of the three cleanouts had been broken out at the cap and sewer smelling water was observed in the immediate area. I contacted Kelly Randall (MC Environmental Health) and Kathy Davis (City of Charlotte Building Code Enforecement. Kathy will assign a building inspector to investigate housing code violations. Kelly indicated the possiblity of contacting DSS relating to child care issues and health/sewage in the residence. I left an environmental notice on the front door of the residence. I also discovered that the residence has a listed phone number, under the name N Chawpom (704) 566-9554. The answering machine (English) idetified the residence as the Chawporn's. I left a message to return my call, 6/7/2004 Souk Ngaoluangrath returned my call. He stated that he had financial troubles and was unable to pay the bill for sewage treatment and that he was aware of the situation. I told him that a sewage discharge would not be allowed and that he would have to resolve the situation immediately. I recommended that he contact Mr. Mullis ASAP regarding restoration of sewer EPIC - WQ 06/11/2004 SERVICE REQUEST/WORK ORDER PAGE NO: 2 service. I also informed him that I would issue a State NOV. I called Dennis Gwaltney to inquire about estimated time of completion for CMU sewer service to the subdivision. 6/8/2004 Dennis Gwaltney returned my call and indicated that sewer service to the area was still approx. 1 year away. I also received a call from Mr. Doug Simmons (Atty. representing Mr. Ngaoluangrath). He wanted background info and phone numbers to reach Mr. Mullis and Mr. Floyd. John McCulloch and I called Mr. Floyd. Mr. Floyd no longer works in that division and our call was forwarded to Mr. Andy Lee. We left a message on voicemail. JPrice drafted a State NOV. 6/10/2004 I received a call from Charles Hitsman (City Clt Code Enforcement). Charles is the inspector assigned to investigate potential code violations at 8928 Myra Way. Charles stated that he had inspected the property and determined that the residence violated City Code 11-80B - Plumbing not connected to an approved wastewater disposal system. He will issue the violation and has set a hearing date for July 12th. Based on the outcome, a lien could be placed on the property. 6/11/2004 JPrice and JMcCulloch received a call from Andy Lee (NC Public Utilities Commission). Andy identified Mr. Mullis as a Public Utility and stated his opinion that Mr. Mullis had acted in a fair manner. Due dilligence with notifications of service termination were sufficient to warrant sen►V'ce disconnects. NOV final draft submitted to NCDENR MRO. COMMENTS............ SAMPLES DISPOSITION, ETC. NOTIFIED REQ PARTY: TIME ON SITE: VERBAL OR WRITTEN: TRAVEL TIME: DATE NOTIFIED: / / ADMIN TIME: NOTICE OF VIOLATION: N MILEAGE: 0 LEGAL ACTION: N SITE VISITS: 0 WELL SAMPLE: N RECALL DATE: / / OUTFALL SAMPLE: N STATUS: OPEN LAKE/STREAM SAMPLE: N DATE CLOSED: / / EMERGENCY RESPONSE: N REVIEWED BY: / / NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE 919 NORTH MAIN STREET MOORESVILLE, NC 28I 1.5 IMP 7003 226E 0001 3550 1854 MR SOUKSAVANH NGAOLUAN 8928 MYRA WAY CHARLOTTE NC 28215 TH, OWNER ' 1■ r - fit: 'r 1HOIw 3 U Ol 3d013AN3 dO 401 11.V 113)IaUB 30Y1d COMPLETE THIS SECTION N DELIVERY SUKSAVANH NGAOLUANGRATH, OWNER 8928 MYRA WAY a CIIARLOTTE NC 28215 wq/rnib 6/18/04 700 2260 000 550 85 MEr ichael F. ey, Governor Will iarn G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT' REOUESTED Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Dear Mr. Mullis : January 13, 2004 7003 2260 0001 3491 1296 Subject: Notice of Violation - Effluent Limitations White Forest WWTP NPDES Permit No. NC0063932 NOV-2004-LV-0021 Mecklenburg County A review of the October 2003 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Total Suspended Residue 58.0 mg/L 45.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, 4'9 D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit Rusty Rozzelle, MCWQP RMB NhCamlina NCDE 'fataraiijt Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mccresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 dea Michael F. Easl William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W, Klimek, P. E. Director Division of Water Quality Coleen H, Sullins Deputy Director Division of Water Quality March 23, 2004 Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 SUBJECT: NOTICE OF DEFICIENCY Compliance Evaluation Inspection White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County, NC Dear Mr. Mullis: On March 4, 2004, Mr. Jeff Price of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Deficiency (NOD) because of inspection findings, as detailed under the Records and Reports and Self -Monitoring Program section headings. Should the missing data for May and August 2003 actually be available, it is requested that amended DMR's be submitted to Central Files in the usual manner. As you are probably aware, the reported BOD5 value (>6.15 mg/L) for April 1, 2003 is not acceptable, since the value does not allow a definitive determination of compliance. Be aware that any records that will be reviewed during an inspection should either be maintained on site or brought to the site for review. If you have any questions concerning this report or any other matters, please do not hes Mr. Richard Bridgeman or me at this office. Enclosure Rusty Rozzelle, MCWQP Glenn LaBrecque, AquaSource, Inc DRG/jsp FILE: White Forest.0063932.0304.doc No hCamlina Naturally Divisi Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor o call NC.DE t oI Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Transaction N United States Environmental Protection Agency, Washington, DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Code 5 Section A: National Data System Coding Tocr NCDENR NPDES Permit No. YR/MO/DAY Inspection Type Inspector NC0063932 04/03/04 Remarks: Inspector: Mecklenburg County Water Quality Program Inspection Work Days Facility Self -Monitoring Evaluation Rating BI 0.5 2 tion B: Facility Data Name and Location of Facility Inspected: White Forest WWTP 8033 Hood Rd. Mecklenburg County, NC Name(s) of On -Site Representative / Title(s) / Phone No(s): Kevin Curl / Field Coordinator / AquaSource Utilities, Inc. (704) 788-9497 Entry Time: 10:40 am Exit Time: 11:10 am Date: March 4, 2004 QA N Form Approved OMB No. 2040-0003 Approval Expires 7.'31/85 Facility Type 2 .Reserved............ Permit Effective Date: January 1, 2001 Permit Expiration Date: November 30, 2003 Name and Address of Responsible 0 cia Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Title: Owner Phone No. (704) 904-0178 Contacted? No Permit Records/Reports [ZI Facility Site Review 1E1 Effluent/Receiving Waters gC:40._k s va listed During Iuspection Flow Measurement Self -Monitoring Program El Compliance Schedules Laboratory Z Operations & Maintenance Sludge H dling/Disposal 0 Pretreatment Program LJ Stormwater Section uttimary of Findmgs/Com ents El Sewer Overflow Ej Pollution Prevention Multimedia E] Other. All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspector(s): Jeff Price Agency/Office/Telephone: MCWQP / (704) 336-5500 Date: March 17, 2004 Signature of Reviewer: Agency/Office EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Date: GENERAL: The facility was last inspected by MCWQP on June 3, 2003. A Compliance Evaluation Inspection Report was issued on July 9, 2003. PERMIT: The current permit became effective on January 1, 2001, and expired on November 30, 2003. A permit renewal application has been submitted to NC DENR and is currently under review. The facility will continue to operate under the previous permit requirements until notification of a status change. The existing 0.017 MGD facility is an extended aeration package wastewater treatment plant with a bar screen, aeration basin, rectangular clarifier, sludge holding tank, effluent tablet chlorination, and chlorine contact tank. As a result of the permit modification dated August 15, 2001, the individual residential septic tanks are no longer listed as part of the wastewater treatment facility description. Mr. Kevin Curl was the Operator -in -Responsible Charge (ORC) throughout the period of review. Mr. Curl maintained a North Carolina Operators Certification Grade IV, which was acceptable for the class of the facility. Mr. Curl's Certification Number is 9457. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period April 2003 through December 2003. Visitation and process control records are kept on -site in a logbook. Instrument calibration logs were available on request. No detailed maintenance records are maintained on site. All records appeared to be completed accurately with the following exception: 1. The DMR for April 2003 reported a Biochemical Oxygen Demand (BOD5) result which does not provide for a determination of compliance with the discharge limit (e.g. permitted BOD5 daily maximum limit = 45 mg/1; DMR reports >6.15 mg/1). FACILITY SI1E REVIEW: All of the existing components of the facility were reportedly operational at the time of the inspection; however, operation of only one of the facility's two blowers was observed. The clarifier appeared somewhat murky and considerable solids were noted. This problem was also observed during the previous inspection. In the previous inspection, the ORC reportedly changed the operational set times on the blower cycles in order to address the situation. This did not appear to completely resolve the problem. Solids from the clarifier carried over to the chlorination chamber but were not apparent in the effluent discharge observed during the inspection. RATING: Marginal FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. A permanently attached staff gauge has been installed at the v-notch in order to ensure accurate, repeatable readings. LABORATORY: AquaSource operates and maintains a NC State Certified Laboratory for the analysis of wastewater (NC Certification No. 365). AquaSource is also State Certified for the collection of field parameters. All compliance samples collected for analysis at the White Forest facility are submitted to the AquaSource Lab. The AquaSource lab was not evaluated during this inspection. E}'F LUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. Effluent discharged during the inspection was clear and low in color. There did not ?ppear to be any negative impact on the receiving stream at the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period April 2003 through December 2003. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits at the times of monitoring during the review period, except for the following: 1. One (1) Biochemical Oxygen Demand (BOD5) value was reported on April 1, 2003 at a level (>6.15 mg/1) which does not allow a determination of compliance. This constitutes one (1) violation. 2. One (1) failure to monitor / failure to report Dissolved Oxygen was noted on May 28, 2003. This constitutes one (1) violation. 3. One (1) failure to monitor / failure to report Total Residual Chlorine was noted on August 1, 2003. This constitutes one (1) violation. 4. One (1) Total Suspended Residue value in excess of the daily maximum permit effluent limit was reported on. October 22, 2003. This constitutes one (1) violation, for which a NOV was issued (NOV-2004-LV-0021). The DMRs dated April, May and August 2003 incorrectly identified the noncompliant facility status. This constitutes three (3) violations. No additional violations were noted during the period of review. RATING: Marginal OPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current operating strategy for the facility appears acceptable for its size and type. SLUDGE HANDLING/DISPOSAL: The ORC reports that no solids have been wasted from the facility during the period of review. If necessary, Piedmont Septic Service of Rowan County would be the contractor used for this procedure. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704/663-1699) as soon as possible but no later than 24 hours from the time the permittee- becomes aware of the bypass. For spills/bypasses that occur in Mecklenburg County, it is requested that MCWQP be notified at 704/336-5500. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 800/662- 7956, 800/858-0368, or 919/733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. AquaSource A DQE Company July 16, 2003 Gene Mullis, Owner 116 —J Freeland Lane Charlotte, NC 28217 107 Commercial Park Drive 704-788-9497 Concord, NC 28027 704-788-6006 (fax) Subject: White Forest WWTP NPDES Permit No, NC0063932 Mecklenburg County, NC Dear Mr, Mullis: JUL I 7" 20.13 This letter and attached letter from the Division of Water Quality is intended to convey that it was and is your responsibility to submit the renewal application by the June I. 2003 deadline date. It is of the utmost importance that you take care of this matter as soon as possible. If there are any questions that you may have please call our office at (704) 788-9497 and we will be more than happy to assist y01.1. As always we appreciate your business NC Area Manager AquaSource Operations. Inc, Cc: D, Rex Gleason_ Glen LaBreque, AquaSource, Inc. .Jul 14 03 05:21p Carolyn McFalls 941 907 0965 P • 2 Transaction N United States Environmental Protection Agency, Washington, DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Code 5 Data System Coding NCDENR NPDES Permit No, YRIMO/DAY Inspection Type Inspector NC0063932 03/06/03 C C Form Approved OMB No. 2040-0003 Approval Expires 7/31/85 Facility Type 2 Remar Inspector: Mecklenburg County Water Quality Program spection Work Days Facility Self -Monitoring Evaluation Rating BI QA 0.5 2 N N ood Rd. nburg County, NC Name Perry L S Kevin Cur petted: On -Site Representative / Tine No(s): Operator in Responsible Charge (ORC) / AquaSource Utilities, Inc. (704) 788-9497 Field Coordinator / AquaSource Utilities, Inc. (704) 788-9497 Entry Tim 09:00 am Exit Time: 0:15 am Date: 3. 200 Nave .Reserved............ 0, 2 Date: Name and Address of Respo Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlt�tt, NC 28212 sible Official: Title: Owner hone No. 44) 904-0178 Contacted? Yes ee Permit Records/Reports Facility Site Review Efflu ntlReceiving Waters alua ® Flow Measurement ® Self -Monitoring Program 0 Compliance Schedules Laboratory g sp j gyrations & Maintenance Sludge Handling/Disposal © Pretreatment Program [] Stormwater Sewer Overflow © Pollution Prevention 0 Multimedia © Other. Section D: Sumitar Findings/Comim nt All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signa e(s) of Insp Jeff Price c Agency/Office/Telephone: MCWQP / (704) 336-5500 Da June 17, 2003 ignature of Reviewer: Agency/O Date: EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Jul 14 03 05:21p Carolyn McFalls 941 907 0965 p• 3 GENERAL: The facility was last inspected by MCWQP on April 26, 2002. A Compliance Evaluation Inspection ReporUNotice of Violation was issued on May 30, 2002. PERMIT: The current permit became effective on January 1, 2001, and expires on November 30, 2003. A permit renewal application should have been submitted by no later than June 1, 2003. The existing 0.017 MGD facility is an extended aeration package wastewater treatment plant with a bar screen, aeration basin, rectangular clarifier, sludge holding tank, effluent tablet chlorination, and chlorine contact tank. As a result of the permit modification dated August 15, 2001, the individual residential septic tanks are no longer Listed as part of the wastewater treatment facility description. Mr. Perry Smith is the Operator -in -Responsible Charge (ORC). Mr. Smith maintains a North Carolina Operators Certification Grade II, which is acceptable for the class of the facility. Mr. Smith's certification number is NC 9445. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period March 2002 through March 2003. Visitation, maintenance, and process control records are kept on -site in a logbook. Instrument calibration logs were available on request. All records were legible and well maintained. FACILITY SITE REVTEW: All of the existing components of the facility were in service and appeared to be operating properly at the time of the inspection. However, the clarifier appeared somewhat murky and some suspended pin floc was noted. The ORC reported recently changing the set times on the blower cycles in order to address the situation. Floc from the clarifier did not appear to carry over to the chlorination chamber or into the effluent. RATING: Marginal FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. A permanently attached staff gauge has been installed at the v-notch in order to ensure accurate, repeatable readings. Jul 14 03 05:21p Carolyn McFalls 941 907 0965 p.4 LABORATORY: Analysis of effluent samples is performed by the AquaSource laboratory, which is certified by the State of North Carolina to perform wastewater analysis. The AquaSource Lab was not evaluated during this inspection. EFFLUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. Effluent discharged during the inspection was clear and low in color. There did not appear to be any negative impact on the receiving stream at the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period March 2002 through March 2003. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits at the times of monitoring during the review period, except for the following: One (1) Fecal coliform result in excess of the daily maximum permit e!fluent limit was noted on October 29, 2002. This constitutes one (1) violation, for which an enforcement action was taken (LV 03-167). 2. One (1) Ammonia -Nitrogen (NH3-N) sample was footnoted on the DMR, indicating that the sample contained residual chlorine. The sample was collected on July 30, 2002. The lab neutralized residual chlorine, however precautions should be taken to ensure preservation in the field. The DMR dated October 2002 correctly identified the noncompliant facility status. No additional violations were noted during the period of review. RATING: Marginal OPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current operating strategy for the facility appears acceptable for its size and type. SLUDGE HANDLING/DISPOSAL: The ORC was unaware of solids ever wasted from the facili If necessary, Piedmont Septic Service of Rowan County would be the contractor used for this procedure. Jul 14 03 05:21p Carolyn McFalls 941 907 0965 p• 5 SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permitter became aware of the bypass. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 919-733-3300, 800-662-7956, or 800- 858-0368. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. William G. Ross Jr., Secretary North Carolina DepanmeTn ofEnvironrn:nt and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality July 9, 2003 Mr. H. E. Mu lis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 SUBJECT: Compliance Evaluation Inspection White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County, NC Dear Mr. Mullis: On June 3, 2003, Mr. Jeff Price of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP Glen LaBreque, AquaSource Utilities, Inc. DRG/jsp FILE: White Forest.0063932.0503.doc 4v7 ,DE Mooresville Regional Office, 919 North Main Street, Mooresville, North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 Transaction N United States Environmental Protection Agency, Washington, DC 20460 NPDES Compliance Inspection Report North Carolina Department of Environment and Natural Resources Division of Water Quality, Mooresville Regional Office Code 5 Section A: National Data System Coding NPDES Permit No. YR/MO/DAY Inspection Type Inspector NC0063932 03/06/03 C C Form. Approved OMB No. 2040-0003 Approval Expires 7/31/85 Facility Type 2 Remarks: Inspector: Mecklenburg County Water Quality Program Inspection Work Days Facility Self -Monitoring Evaluation Rating 0.5 Name and Location of Facility Inspected: White Forest WWTP 8033 Hood Rd. Mecklenburg County, NC 2 BI N See ion B: F cility_Dat Entry Time: 09:00 am Exit Time: 10:15 am Date: June 3, 2003 QA N Name(s) of On -Site Representative / Title(s) / Phone No(s): Perry L. Smith / Operator in Responsible Charge (ORC) / AquaSource Utilities, Inc. (704) 788-9497 Kevin Curl / Field Coordinator / AquaSource Utilities, Inc. (704) 788-9497 Name and Address of Responsible Official: Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 Permit Records/Reports ® Facility Site Review Effluent/Receiving Waters Title: Owner ..Reserved.........—. Permit Effective Date: January 1, 2001 Permit Expiration Date: November 30, 2003 Phone No. (704) 904-0178 piec1 Flow Measurement ® Operations & Maintenance Self -Monitoring Program ® Sludge Handling/Disposal 0 Compliance Schedules © Pretreatment Program Stormwater Laboratory ection 1) Su of Findings/Comments` Contacted? Yes Sewer Overflow Q Pollution Prevention 0 Multimedia © Other: All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspecto Jeff Price Signature of Reviewer: Agency/Office/Telephone: MCWQP / (704) 336-5500 Agency/Office EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Date: June 17, 2003 Date: GENERAL: The facility was last inspected by MCWQP on April 26, 2002. A Compliance Evaluation Inspection Report/Notice of Violation was issued on May 30, 2002. PERMIT: The current permit became effective on January 1, 2001, and expires on November 30, 2003. A permit renewal application should have been submitted by no later than June 1, 2003. The existing 0.017 MGD facility is an extended aeration package wastewater treatment plant with a bar screen, aeration basin, rectangular clarifier, sludge holding tank, effluent tablet chlorination, and chlorine contact tank. As a result of the permit modification dated August 15, 2001, the individual residential septic tanks are no longer listed as part of the wastewater treatment facility description. Mr. Perry Smith is the Operator -in -Responsible Charge (ORC). Mr. Smith maintains a North Carolina Operators Certification Grade II, which is acceptable for the class of the facility. Mr. Smith's certification number is NC 9445. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period March 2002 through March 2003. Visitation, maintenance, and process control records are kept on -site in a logbook. Instrument calibration logs were available on request. All records were legible and well maintained. FACILITY SI'l E REVIEW: All of the existing components of the facility were in service and appeared to be operating properly at the time of the inspection. However, the clarifier appeared somewhat murky and some suspended pin floc was noted. The ORC reported recently changing the set times on the blower cycles in order to address the situation. Floc from the clarifier did not appear to carry over to the chlorination chamber or into the effluent. RATING: Marginal FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. A permanently attached staff gauge has been installed at the v-notch in order to ensure accurate, repeatable readings. LABORATORY: Analysis of effluent samples is performed by the AquaSource laboratory, which is certified by the State of North Carolina to perform wastewater analysis. The AquaSource Lab was not evaluated during this inspection. EFFLUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. Effluent discharged during the inspection was clear and low in color. There did not appear to be any negative impact on the receiving stream at the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period March 2002 through March 2003. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits at the times of monitoring during the review period, except for the following: 1. One (1) Fecal coliform result in excess of the daily maximum permit effluent limit was noted on October 29, 2002. This constitutes one (1) violation, for which an enforcement action was taken (LV 03-167). 2. One (1) Ammonia -Nitrogen (NH3-N) sample was footnoted on the DMR, indicating that the sample contained residual chlorine. The sample was collected on July 30, 2002. The lab neutralized residual chlorine, however precautions should be taken to ensure preservation in the field. The DMR dated October 2002 correctly identified the noncompliant facility status. No additional violations were noted during the period of review. RATING: Marginal OPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current operating strategy for the facility appears acceptable for its size and type. SLUDGE HANDLING/DISPOSAL: The ORC was unaware of solids ever wasted from the facility. If necessary, Piedmont Septic Service of Rowan County would be the contractor used for this procedure. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 919-733-3300, 800-662-7956, or 800- 858-0368. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. Gene Mullis White Forest WWT Trust 1161 Freeland Lane Charlotte, NC Dear Permittee: ©n NCDENR 28217 Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources i: EP pp Alan W.yf.t«' a,r MEW CES Al OFFICE May 14, 2003 Subject: Renewal Notice NPDES Permit NC006 White Forest WWTP Mecklenburg County MAY 2 2 2003 Your NPDES permit expires on November 30, 2003. Federal (40 CFR 122.41) and North Carolina (15.A NCAC 2H.0105(e)) regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than June 3, 2003. Failure to request renewal of the permit by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after November 30, 2003, the current permit must be renewed. .Discharge of wastewater without a valid permit would violate North Carolina General, Statute 143-215.1; unpermitted discharges of wastewater may result in assessment of civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Bob Sledge of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 547. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. if you have any questions, please contact Valery Stephens at the telephone number or e-mail address listed below. Sincerely, Charles H. Weaver NPDES Unit cc Central Files NPDES 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733.5083, extension 520 (fax) 919 733-0719 VISIT us©NTHE INTERNET @ http://h2o.enr.state.nc.us/NPDES e-mail: valery.stephens@ncmail.net NPDES Permit NC0063932 White Forest WWTP Mecklenburg County The following items are REQUIRED for all renewal packages: LI 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. E The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. LI If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items must be submitted by any Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow ?_ 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non -process wastewater (cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effectiveJanuary 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Mr. Richard Bridge an NCDENR Mooresvile Regional Office 919 North Main St. Mooresville, NC 28115 Re: White Forest WWTP NPDES Permit No, NC0063932 Compliance Evaluation Inspection May 1, 2001 Mr. Bridgeman: NC DEPT. OF ENVIRONMENT \ AND NATURAL RESOURCES MOORESVILLE R,,c34:;NAL oFncr JUL 1 9 2001 ATER QUALITY SECTION I request that the subject NPDES Permit be modified to remove reference to the septic tanks. Also, by the reason of the nonexistance of right of ways nor state maintained roadways; maintainance of piping on individual residential properties may be impossible. I request for the reference to the 4-inch gravity sewer to also be removed. Sincerely, H E Mullis fi116 Honeysuckle Ln. Charlotte, NC 28212 Michael F. Easley, Govemor William G. Ross Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality AUG 2 6 2002 Mr. H. E. Mullis White Forest WWTP 116 - J Freeland Ln. Charlotte, NC 28217 Subject: Remission. Request of Civil Penalty Assessment NPDES Permit Number NC0063932 White Forest WWTP Mecklenburg County Case Number LV 02-145 Dear Mr. Mullis: I considered the information submitted in support of your request for remission in. accordance with G.S. 143-215.6A(f) and have decided to remit the entire civil penalty in the amount of $585.45 and hereby close our case number LV 02-145. Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division from taking future enforcement action against the subject facility should additional violations occur. If you have any questions about this letter, please do not hesitate to contact Bob Sledge at (919) 733-5083, extension 547. Thank you for your cooperation in this matter. M vine Region 0 Enforcement File Central Files Sincerely, Alan W. Klimek, P.E. Customer Service 1 800 623-7748 Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Fax: (919) 733-9612 July 30, 2002 MEMORANDUM TO: Rex Gleason FROM: Richard Bridge an SUBJECT: Request for Remission of Civil Penalty Case No. LV 02-145 White Forest WWT Trust White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County To justify remission, Mr. Mullis indicated that construction activities during the summer of 2000 by Charlotte -Mecklenburg Utilities (CMU) allegedly resulted in a break in the force main serving the White Forest system, allowing the inflow of soil into the collection system, and subsequently into the WWTP. This breech was only discovered and repaired by Mr. Mullis recently. Apparently, Mr. Dennis Gwaltney, a CMU engineer, has accepted responsibility for the breech. A response by AquaSource to the CEI conducted on 4/26/02 by MCWQP staff indicates that inflow from heavy rains entered the breech in the force main, hydraulically overloading the WWTP, causing turbulence in the sludge blanket, reducing settling time, and causing a discharge of solid laden water. Mr. Mullis' remission request also deals with other, broader, issues concerning his desire to eventually eliminate the WWTP discharge through a connection to either the WWTP serving the adjacent McCarron Subdivision or to the CMU collection system. Concerning the connection of the White Forest Development to the adjacent McCarron Subdivision's WWTP (NPDES Permit No. NC0071781, issued to AquaSource Inc.), any connection is only a future potential. There are problems (I/I) with the collection system for the White Forest WWTP which would have to be addressed before AquaSource would allow the connection. Any connection to the CMU system could probably not occur for years (?); a report (dated 4/10/02) drafted by Jack Floyd of the Utilities Commission, and included in the remission request, i�lttrt�re 0 Since the enforcement action there have been no reported effluent limit violations (latest DMR is 4/02). Mr. Mullis' remission request is disjointed and confrontational; however, although the evidence is circumstantial at best, it is the writer's opinion that the permittee did provide the minimum justification for a remission. H:1W PWINDOCIMEMOIW HITEFO2.RR DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT VIOLATOR: tifift/ LA) iA,r7-1 COUNTY: firCi< 1Al(A-Ide °- CASE NUMBER: L V 0 2 /13- ASSESSMENT FACTORS: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting fm the violation(s); 1117(Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 2) The Duration and gravity of the violation(s); Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 3) The effect oy ground or surface water quantity or quality or on air quality; ErNot Significant 0 Moderately Significant D Significant 0 Very Significant 0 Extremely Significant 4) The cost offectifying the damage; poi Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 5) The amount of money saved by noncompliance; 0 Not Significant tk/Moderately Significant 0 Significant D Very Significant 0 Extremely Significant 6) Whether th, violation(s) was (were) committed willfully or intentionally; /Not Significant 0 Moderately Significant D Significant 0 Very Significant D Extremely Significant 7) The prior record of the violator in complying or failing to comply with programs over which tbe Envronm4tal Management Commission has regulatory authority; and ti Not Significant 0 Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant 8) The cost tothe State of the enforcement procedures. di Not Significant D Moderately Significant 0 Significant 0 Very Significant 0 Extremely Significant () 0 0 Date e) k D. Rex Gleason, P. Water Quality Regiona Supervisor REMISSION FACTORS: Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Whether the violator promptly abated continuing environmental damage resulting from the violation(s); Whether the violation(s) was (were) inadvertent or a result of an accident; Whether the violator had been assessed civil penalties for any previous violations; and Whether Raymynt of the civil penalty will prevent payment for the remaining necessa di ctio Date • Alan W. Klimek, P.E. Director ARO NA I URN . RE S RCE S State of North Carolina mooRzsvq„.u.,,REGulto ornce, Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor Wiliam G. Ross Jr., Secretary Alan Klimek, P.E., Director Attn: Mr. H. E. Mullis 116 - J Freeland Ln Charlotte, NC 28217 Dear Mr. Mullis : JUN 2 0 2002 June 18, 2002 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Remission Request of Civil Penalty Assessment White Forest Wwtp Mecklenburg County Permit No: NC0063932 LV 02-145 This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. You will be notified when a decision is made concerning the request. If you have any questions, please call Bob Sledge at (919) 733-5083. Cc: Enforcement File LV 02- Central Files attachments Sincerely, Coleen Sullins, Chief ater Quality Section 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 Fax 919-733-9612 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF _ Mecklenburg IN THE MA I TER OF ASSESSMENT CIVIL PENALTIES AGAINST White Forest WWT Trust PERMIT NO. NC0063932 Having been assessed civil penalties totaling violation(s) as set forth in the assessment document of the Division of Water Quality dated �/4 f . , the undersigned, desiring to seek remission of the civil penaty , does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. WAIVER OF RIGHT TO AN OF ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-145 This the day of for TELEPHONE WHITE FOREST WWTP 116-J FREELAND LANE CHARLOTTE, NC 28217 Coleen Sullins ater Quality Section Chief ision of Water Quality 617 Mail Service Center Raleigh, NC 27669-1617 Re: File No. LV02-145 Ms. Sullins: I am asking for remission of the civil penalty assessed against White Forest. The White Forest WWTP is a small package system serving 7 resident in the White Forest neighborhood. It is being operated in an emergency temporary status, The $ 150.00 interim rate is not adequate to provide basic operation, maintenance and upgrade costs. AquaSource, Inc. is contracted to perform operator services. I have previously requested for the TP to be abandoned and for the 7 residents to find alternatives for sewer treatment, which is also part of the current permit language, but I have been denied: forcing me to continue to operate the White Forest WWTP against my will. I have previously requested the effluence from White Forest to be absorbed into the neighboring McCarron WWTP system; which is also part of your past permitting language, however, I have not yet identified the proper governing agency which can facilitate such. In testimony before the NC Utilities Commission, Docket No. W-1157 (included), Mr. Jack Floyd, P.E., Utilities Engineer stated: "Technically speaking, the sewer treatment facility is in compliance with its permit. This compliance status is the result of the facility not generating enough waste to cause a discharge into Reedy Creek." Off record and not verbatim, "occasionally a sewer plants burps. The smaller the plant, the more often it will burp. TSS can be a by-product of such a burp; caused by a greater growth pattern. The TSS may have been the bacteria itself." The TSS was not analyzed for the types of solids present. The system readily adjusted itself. Non-compliance was not in any way willful nor intentional. As noted in the Authorization to Construct letter, dated 12-3-87, each residence utilizes a septic tank to retain and treat solids, as any septic tank will, which would seem to eliminate basic fecal solids from entering into the TP. Recently, I located and repaired a penetration into the 4-inch force main along Hood Rd. made by C-MUD while boring under Hood Rd. to install a 'A inch water service piping to a residence during the summer of 2000. C-MUD Engineer, Mr. Dennis Gwaltney, has accepted that the integrity of the force main was breeched and soil has been able to enter the force main and thus the TP. Therefore, I contend the elevated TSS to be just that: soil. I don't have a visual for 19.3 Mg/L, but with million gallon spills of raw sewage for comparison, 19.3 Mg/L of soil or any other thing in a non-existent discharge into a dry ditch 40 feet from the edge of Reedy Creek should not harm the natural resources of the state, the public health, nor the property of anyone. At least, not to warrant the assessing of civil penalties for an inadvertent violation. As previously stated, there are only 7 residents to pay all costs associated with properly permitting, operating, maintaining and improving the White Forest WWTP plus allow for operator profit. NC Utilities Conunission Accounting Division Supervisor, Water Section: Ms, Katherine A Fernald., has allowed $640.00 to carry on the day-to-day operations for the year. She has also allowed for an 8.5% return of $1127.61, based on monthly rates of $158.00. Actual interim rates of $150.00 drop the projected return to $455.61. Replacing the one operating pump of the duplex system in the lift station cost $1258.00 plus 9 man-hours $60.00. Repairing the 4-inch force man damaged by C-MUD cost $380.00. Repairing the collection system piping leak cost $420.00 plus $120,00 for lime and re -seeding. Replacing the 200 feet of collection system piping found to be inverted and clogged cost $4800,00. The latest NCDWQ inspection 4-26-02 report of the White Forest WWTP calls for replacing a check valve at an estimated cost of around $500.00; which is not available. The latest NCDWQ inspection report of the lift station has been voiced by Mr. Will Autrey as atrocious; a catastrophic event waiting to happen. AquaSource, Inc. upgrade estimates to the lift station top $100,000.00. Collection system upgrades approach $500,000.00. It would seem obvious that civil penalties are not what these 7 White Forest citizens need. What they do need is for the NCDWQ to recognize that the problem is much greater than the solution and can be completely alleviated at a reasonable cost if the departments will join together with the needs, requests and recommendations of the past 10 years and get us permitted to replace the whole collection system with a low-pressure system connected into the McCarron WWTP system. Please help us to rectify this situation instead of penalizing us. Respectfully, H. E. Mullis RECEIVED allOIMIS Of tiessorssuiftiTAL SUJIMEAdatt DEC 15 I987 State of North Carolina DepartZar4Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secrrmry December 3, 1987 Director Mr. Herman F. Odom, President United Systems Company Route 10, Box 207 Lebanon, Tennessee 37087 t Dear Mr. Odom: SUBJECT: Permit No. NC0063932 Authorization to Construct United Systems Company White Forest Development Mecklenburg County A letter of request for an Authorization to Construct was received May 22, 1987, by the Division and final plans and specifications for the subject facilities have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a 0.017MGD wastewater treatment facility consisting of thirty-five (35) 1,000 gallon septic tanks to serve individual residences, approximately 3,500 linear feet of 4-inch gravity sewer, an 80 GPM pump station with dual pumps and high water alarms, approximately 1,950 linear feet of 3-inch force main, a 9000 gallon aeration tank, a 3000 gallon clarifier, a 375 gallon chlorine contact tank with a tablet chlorinator, 8 1,735 gallon sludge holding tank, and associated piping and appurtenances to serve White Forest Development in Mecklenburg County. This Authorization to Construct is issued in accordance with Part III paragraph C of the NPDES Permit No. NC0063932 issued January 22, 1986, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0061932. The Permittee must employ a certified wastewater operator in a,:cordance with Part III paragraph D of the referenced permit. The sludge wastes generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approvable by the North Carolina Division of Environmental Management. The Mooresville Regional Office, telephone no. 704-663-169g shall be notified at least twenty-four (24) hours in advance of operation of the installed system so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hours. Pollution Prevention Pays PO. Box 27687, Raici,b-ils, North Carolina 27611.7687 Telephone 919-733-7015 An Eclual Cfpipormetity Affirmative Action Employer CONTRACT BETWEEN RAYCO UNTILITES, INC. AND ARMON, INC. TO OPERATE ONE WASTEWATER TREATMENT PLANT Rayco Utilities, In. agrees to provide an Operator in Responsible Charge as defined by the State of North Carolina Water and Wastewater Treatment Plant Operators Certification Commission and all tools and supervision necessary to operate and maintain one 5,000 gpd Wastewater Treatment Facility located at White Forest Subdivision in Mecklenburg County, North Carolina, ("the Facility") within the limits and guidelines set forth in the NPDES Permit. This includes instituting a preventive maintenance program on all equipment, performing laboratory analysis; monitoring and reporting and keeping all necessary records. Rayco will Also provide 24-hour availability for servicing of the same, 7 days per week. Regularly scheduled visits will be five (5) days per week. All emergency visits to repair equipment will be charged at the rate of $40.00 per man hour. Visits are considered emergency after 7:00 pm Monday thru Friday, __Saturdays and Sundays). Rayco will provide regular routine maintenance of plan€ and equipment. Armon, Inc. will be responsible for cost of repairs and replacement of equipment. Any such repairs estimated to cost in excess of $200 shall first be verbally approved by Armon, Inc. or its Agent. Armon, Inc. will provide all in -plant chemicals (chlorine). All work done or services performed by Rayco pursuant to the terms of this contract shall be done in compliance with all laws, orders, rules, regulations and .requirements of all federal, state and municipal governments and the appropriate departments, commissions, boards and offices thereof. Rayco agrees to idemnify Armon, Inc. and hold save and hold harmless from and against all suits, claims, and expenses, including attorney's fees and court costs that may be imposed upon, incurred by or assessed against Armon, Inc. arising out of Rayco's failure to perform its obligations__ under this contract. Rayco agrees to procure and maintain in force during the terms of this contract, and any extension thereof, at its expense, public and comprehensive liability insurance in companies adequate to protect against liability for damage claims arising out of Rayco's performance of its duties under this contract, in a minimum amount of $500,000 for any one accident and $300,000 for property damage. Rayco agrees to operate the treatment facility for a rate of $670.00 per month. This contract will become effective 1/"" % 6 and continue for one year thereafter. Either party may terminate this contract by furnishing 60-days writtEi notification to the other party hereto. ACCEPTED FOR: ARMON, INC BY: RAYCO UTI DATE: DATE: TIS,INC. NORTH CAROLINA PUBLIC STAFF UTILITIES COMMISSION DOCKET NO. W-1157 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION IN THE MATTER OF APPLICATION BY HAROLD E. MULLIS, D/B/A WHITE FOREST WASTEWATER TREATMENT, 116-J FREELAND LANE CHARLOTTE, NORTH CAROLINA 28217 FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE SEWER UTILITY SERVICE IN WHITE FOREST SUBDIVISION IN MECKLENBURG COUNTY, NORTH CAROLINA TESTIMONY OF JACK FLOYD, P.E. UTILITIES ENGINEER APRIL 10, 2002 WATER DIVISION PLEASE STATE FOR THE RECORD YOUR NAME, BUSINESS ADDRESS, AND PRESENT POSITION. My name is Jack Floyd. My business address is 430 North Salisbury Street, Dobbs Building, Raleigh, North Carolina. I am a Utilities Engineer with the Public Staffs Water Division. Q. BRIEFLY STATE YOUR QUALIFICATIONS AND EXPERIENCE RELATING TO YOUR PRESENT POSITION WITH THE PUBLIC STAFF. A. I am a graduate of North Carolina State University with a Bachelor of Science Degree in Chemical Engineering. I am also licensed in North Carolina as a Professional Engineer. I have more than 16 years of experience in water and wastewater treatment facility design, construction, and permitting. I joined the Public Staff on March 1, 1995. Q. WHAT ARE YOUR DUTIES IN YOUR PRESENT POSITION? A. My duties with the Public Staff are to evaluate the operation of regulated water and sewer utilities regarding rates and service. In executing these duties, I conduct field investigations and evaluate the design and construction of utility facilities. I also assist in the preparation of reports and data to be used by the Commission; present testimony regarding my investigation and findings; and make recommendations to the Commission concerning the development of rates and level of service for regulated water and sewer utilities. BRIEFLY EXPLAIN THE SCOPE OF YOUR INVESTIGATION REGARDING THIS APPLICATION FOR A SEWER UTILITY FRANCHISE. I have made recommendations which have been utilized by Public Staff Accountant Katherine Fernald regarding sewer operating revenues of Harold E. Mullis d/b/a White Forest Wastewater Treatment (hereinafter referred to as the Applicant). I have also evaluated the proposed operation of the sewer utility system. Q. BRIEFLY DESCRIBE THE APPLICANT'S SERVICE AREA. A. The Applicant's service area consists of only seven specific lots within the White Forest Subdivision in Mecklenburg County, North Carolina. White Forest Subdivision was originally platted as a subdivision in 1956. It is Located near the intersection of Robinson Church Road and Hood Road. Rayco Utilities operates a sewer treatment facility adjacent to the White Forest Subdivision. Q. PLEASE GIVE A BRIEF HISTORY LEADING UP TO THE FILING OF THE APPLICATION FOR A SEWER UTILITY FRANCHISE. A. The franchise to provide sewer service in White Forest Subdivision was granted to United Systems Company, Inc. (USC) in 1986. USC did not own the system or the underlying property. USC's franchise was cancelled in January 2000. Between 1989 and 1998 the property on which the wastewater treatment plant is located was sold along with a number of undeveloped lots. The Applicant acquired the property on which the wastewater treatment plant is 2 located in 1998. As part of this transaction, Mr. Mullis signed an agreement, which was attached to the deed that basically calls for him to continue to provide wastewater treatment services to those customers who were connected. Mr. Mullis has continued to operate the wastewater system. Sometime in late 2000, the Applicant sent the customers a letter requesting to be paid for the wastewater services that the Applicant provided. The Public Staff received a complaint from one of the customers and investigated the matter. Upon investigation, the Applicant was encouraged to cease requesting payment from customers until an application for a utility franchise was filed. On April 25, 2001, the Applicant filed the subject franchise application. I would also note that 2 homes have been constructed in the last 5 years and were connected to the White Forest sewer system. And from conversations with the Applicant and the customers, the Applicant has apparently collected payments for service connections from two customers. Because the Commission did not approve these payments, I am recommending that they be refunded to the customers, or their accounts for sewer utility service credited. The Applicant should file a letter with the Commission detailing the amounts received and the customers who paid these fees. Q. BRIEFLY DESCRIBE THE APPLICANT'S SEWER UTILITY SYSTEM. A. The sewer collection and treatment system were constructed some time in the mid to late 1980s. The treatment facility consists of a small 10,000 gallon per day package type treatment plant with aeration tank, clarifier, and chlorine disinfection. The plant is installed below ground and within 50 feet of Reedy Creek. The collection system consists of gravity lines from the individual homes, a pumping station, and force main. The integrity of the collection system is questionable. No engineering plans exists that would describe the types of materials used to construct the collection system or its location throughout White Forest Subdivision. Neither DWQ nor Mecklenburg County have any records of approval for the sewer system, streets, or other utilities. Q. IS THE SEWER UTILITY SYSTEM IN COMPLIANCE WITH DIVISION OF WATER QUALITY (DWQ) REGULATIONS? A. Technically speaking, the sewer treatment facility is in compliance with its NPDES permit. This compliance status is the result of the facility not generating enough wastewater to cause a discharge into Reedy Creek. As long as the facility does not discharge effluent into the creek, the system is considered to be in compliance by default. Monitoring reports have continually indicated "no discharge." Rayco Utilities is the Applicant's contract operator for the treatment facility. However, they have nothing to do with the collection system. I should also note that the NPDES permit is due to expire at the end of Year 2003. It is quite likely that DWQ will require a higher level of treatment if the facility is 4 operating beyond Year 2003. PLEASE DESCRIBE THE PUBLIC STAFF'S EFFORTS TO INVESTIGATE ALTERNATIVES FOR WASTEWATER TREATMENT. The Public Staff has investigated several alternatives to running a private utility company for seven residential sewer customers. Two of the more prominent alternatives involved the possible connection to the Charlotte Mecklenburg Utilities System (CMU), and the possible interconnection to McCarron Subdivision, which is the adjacent subdivision operated by Rayco. I have had several conversations with representatives of CMU and the Mecklenburg County Health Department (MCHD). Based upon those conversations, it is my understanding that CMU proposes to have municipal sewer service available along Reedy Creek watershed in the next 5 to 10 years. CMU is presently performing survey work and preliminary engineering work for the design of a major sewer outfall along Reedy Creek. It is this outfall that could allow service to White Forest Subdivision. However, CMU has not given me anything other than the estimated time to complete construction of 5 to 10 years. There is some concern that roads within White Forest Subdivision are not sufficient to allow CMU to extend municipal service. CMU requires that roads be dedicated to NCDOT and be part of the statewide road system before they extend service along them. Until CMU completes construction of this outfall and agrees to extend sewer mains along Hood 5 Road and Hammond Road, and until these roads become part of the statewide road system, municipal service will be unavailable. The Public Staff also investigated the feasibility of interconnecting the White Forest Subdivision with Rayco's McCarron Subdivision. After several months of negotiations with Rayco representatives and the Applicant, no agreement could be reached. The issues concerning this option have to do with title, easements, access, integrity of the existing infrastructure, and who would bear the majority of the costs associated with bringing the system up to current design standards. However, at this point, this option is not available. The Public Staff has also learned that the customers will likely not be capable of installing their own individual septic system. The subdivision was originally subdivided into half -acre lots, with individual wells for water. The size of the lots, buffers to property lines and water supply wells, and the natural condition of the soils in the area will likely prohibit the construction of onsite septic systems. Therefore, it is my conclusion that in the short term, the only viable alternative for sewer treatment for the seven customers in White Forest Subdivision is the continuation of the system operated by the Applicant. WHAT ARE THE RATES REQUESTED BY THE APPLICANT? A. The Applicant has requested a flat monthly rate of $213.50 per customer. Q. HAS THE APPLICANT REQUESTED ANY CONNECTION FEES? A. No it has not. Q. WHAT ARE THE REVENUES UNDER THE APPLICANTS INTERIM RATES AND PROPOSED RATES? A. I have calculated revenues at the Applicant's proposed rates as follows: 7 customers x 12 mos. x $213.50/cust./mo $17,934 I have also calculated revenues under the interim rates approved by the Commission on January 15, 2002 as follows: 7 customers x 12 mos. x $150.00/cust./mo $12,600 Q. DO YOU HAVE ANY FURTHER RECOMMENDATIONS REGARDING THE BOND THE COMMISSION SHOULD REQUIRE OF THE APPLICANT? A. Yes, I do. General Statute 62-110.3 requires the Commission to consider several questions concerning the amount of bond. I have also considered these questions in formulating my recommendation. My conclusions are given below: 1 The Applicant holds no other sewer utility franchises. 2. There are seven customers receiving sewer utility service in White Forest Subdivision. There is no expectation of customer growth until an alternative means of sewer service is available. There is no likelihood that the White Forest facility will need to be expanded 7 in the next few years. However, there is a likelihood that an alternative means of disposal will need to be acquired before the NPDES permit is scheduled to expire. 4. The existing system serving White Forest is approximately 15 years old. The integrity of the system cannot be assessed because engineering plans, or regulatory records relating to the construction of the collection system and treatment facility do not exist. 5 No other viable alternative presently exists for sewer utility service to the seven existing customers. The only other option would be the appointment of an emergency operator. The Applicant posted a $10,000 bond with the Commission prior to the Commission's Order granting Temporary Operating Authority, dated January 15, 2002. Based upon consideration of the above -mentioned conclusions, the Public Staff does not recommend any additional bond. Q. WHAT ARE YOUR RECOMMENDATIONS CONCERNING THE APPLICANT'S PROPOSED RATES? A. I have calculated rates based upon the revenue requirement calculated by Public Staff Accountant Fernald. Ms. Fernald has determined a revenue requirement of $13,266, for which I have calculated a flat monthly rate of $158.00. I have contacted the Applicant concerning these recommended rates and revenue 8 requirement. The Applicant has indicated that these recommendations are acceptable. DO YOU HAVE ANY FURTHER RECOMMENDATIONS REGARDING THIS APPLICATION? No, I do not. DOES THIS CONCLUDE YOU TESTIMONY? Yes, it does. NORTH CAROLINA PUBLIC STAFF UTILITIES COMMISSION DOCKET NO. W-1157, SUB BEFORE THE NORTH CAROLINA UTILITIES COIIII[ISSION IN THE MATTER OF APPLICATION BY HAROLD E. MULLIS D/B/A WHITE FOREST WASTEWATER TREATMENT FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND FOR APPROVAL OF RATES TESTIMONY OF KATHERINE A. FERNALD SUPERVISOR, WATER SECTION APRIL 10, 2002 ACCOLTNTInG DIVISION 1 presents the net operating income for a return. Schedule 4 presents the 2 calculation of operating ratios. 4 Q. WHAT CONCLUSIONS HAVE YOU REACHED AS TO THE COMPANY'S RATE INCREASE REQUEST? 6 A. Based on my investigation, the level of test year operating revenue 7 deductions requiring a return (total operating expenses excluding regulatory fee, gross receipts tax, and income taxes) is $11,239. The Company's 9 original cost rate base is $1,107. As allowed under G.S. 62-133.1, I have 10 used the operating ratio method to evaluate the Company's proposed 11 revenue requirement. 12 13 Based on my investigation, I recommend that the rates be set to produce 14 $13,266 of operating revenues. This annual level of revenues of $13,266 will 15 provide the Company with the opportunity to earn a return of 8.5%, the 16 reasonable rate set forth by Public Staff Financial Analyst Craig in his 17 affidavit. 18 19 Q. WHAT ADJUSTMENTS RECOMMENDED BY PUBLIC STAFF ENGINEER 20 FLOYD HAVE YOU INCLUDED IN YOUR EXHIBIT? 21 A. My exhibit reflects the following adjustments recommended by Public Staff 22 Engineer Floyd: 23 (1) Service revenues under interim rates 24 (2) Service revenues under proposed rates CASH WORKING CAPITAL, NET OF AVERAGE TAX ACCRUALS 2 Q. WHY HAVE YOU INCLUDED A CASH WORKING CAPITAL ALLOWANCE, NET OF AVERAGE TAX ACCRUALS? 4 A. Cash working capital, net of average tax accruals, provides the Company with funds necessary to carry on its day-to-day operations. In my calculation, I 6 have included 1/8 of operating and maintenance expenses as a measure of 7 cash working capital. Average tax accruals were calculated as 1/2 of property 8 taxes and 116 of gross receipts tax. 9 10 SALARIES AND WAGES 11 Q. PLEASE EXPLAIN YOUR ADJUSTMENT TO SALARIES AND WAGES. 12 A. In a letter to the Public Staff, the Company estimated administration fees 13 related to the system of $1,200 per year. However, the Company has not 14 provided any detailed calculations, including estimated hours and hourly 15 rates, to support its estimate. Based on the administrative duties to be 16 performed by Mr. Mullis, the limited number of customers to be billed, the fact 17 that the service rates are flat rates, and the limited number of bills to be paid, I 18 have included $640 of salaries and wages for administrative duties. 19 20 ADMINISTRATIVE AND OFFICE EXPENSE 21 Q. WHAT ADJUSTMENT HAVE YOU MADE TO ADMINISTRATIVE AND 22 OFFICE EXPENSE? 'Permits and Engineering Unit Water Quality Section Date: September 12, 1990 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0063932 MRO No.: 90-138 PART I - GENERAL INFORMATION 1. Facility and Address: William S. Neel, Executor Northeast Plaza, Ltd. White Forest Development P.O. Box 1085, Mooresville, NC 28115 2. Date of Investigation: August 27, 1990 3. Report Prepared By: Kim H. Colson -Environmental Engineer I 4. Person Contacted and Telephone Number: Ken Morrow, Rodney Lang (ORC), Steve Kelley (Mecklenburg County Environmental Protection Dept.) 5. Directions to Site: From the intersection of SR 2803 (Plaza Road. Ext.) and SR 2826 (Hood) travel south on SR 2826 approximately 0.6 miles. The wastewater treatment plant is on the right. 6. Discharge Point(s), LList for all discharge Points: Latitude: 35° 15' 2" Longitude: 81° 41' 25" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad. No.: F16-SW 7. Size (land available for expansion and upgrading): There is adequate land available for expansion and upgrading. 8. Topography (relationship to flood plain included): The treatment plant is in a flat area that appears to be located within the flood plain of Reedy Creek. 9. Location of Nearest Dwelling: No dwellings are located within 500 feet. Surface Waters: Unnamed Tributary edeiving Stream or Affected 'fReedy-Creek. a. Classification: C b. River Basin and Subbasin No.: Yadkin -Pee Dee 03-07-11 c. Describe receiving stream features and pertinent downstream uses: No known downstream uses other than general "C" classification uses. PART II - DESCRIPTION OF DISCHARGE AND ThEATMET WORKS 1. Type of Wastewater: 100% Domestic 0% Industrial a. Volume of Wastewater: 0.017 MGD (Design Capacity) b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituentsin wastewater: N/A d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and. Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): Existing treatment consist of septic tanks for each individual residence, bar screen, 9000 gallon aeration tank, 3000 gallon clarifier, 1,735 gallon aerated sludge tank, and a 375 gallon chlorine contact tank with a tablet chlorinator. 5. Sludge Handling and Disposal Scheme: Private septic tank pumping and hauling facility. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class II 7, SIC Cade(s): 4952 Wastewater Code(s): Primary: 05 Secondary: PART III - OTHER PERTINENTNFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A Three Additional effluent limits requests: N/A 4, Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? N/A Other: PART IV - EVALUATION AND RECOMMENDATIONS Mr. William Neel, Executor of the Marshall Crouch Estate, has applied for permit renewal for Northeast Plaza, Ltd. Mr. Crouch was a general partner in Northeast Plaza, Ltd. Several problems exist with the facility as constructed. The facility appears to be constructed in the 100 year flood plain of Reedy Creek. The elevation of the 100 year flood is 636.1 ft. according to Mecklenburg County. The elevation of the WWTP was estimated at 635 using the bridge at SR 2826 and Reedy Creek as a reference point (elev. 637). The outfall discharges into a small unnamed tributary to Reedy Creek. The discharge is approximately 40 feet upstream from the confluence of the unnamed tributary and Reedy Creek. The current effluent limitations may need to be revised due to the proximity of other nearby WWTP's on Reedy Creek. This office recommends that the subject permit be renewed provided the above mentioned concerns are addressed. Signature of Report Preparer Date 9l// f Water Quaff regional Supervisor Date PART I SOC Priority Project: If Yes, SOC No.: To: Permits and Engineering Unit Water Quality Section Attention: Susan Robson Date: March 23, 1994 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0063932 GENERAL INFORMATION 1. Facility and Address: Yes No X White Forest Subdivision Northeast Plaza, LTD. Post Office Box 1085 Mooresville, North Carolina Date of Investigation: March 16, 1994 28115 Report Prepared by: Kim H. Colson, Environmental Engineer I 4 Persons Contacted and Telephone Number: Rod Lang, (704) 597- 7162. Directions to Site: From the intersection of SR 2803 (Plaza Road Ext.) and SR 2826 (Hood Road), travel south on SR 2826 approximately 0.6 miles. The wastewater treatment plant is located on the right side of the road. 6 Discharge Point(s), List for all discharge points: Latitude: 35° 15' 02" Longitude: 80° 41' 25" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: F16SW U.S.G.S. Quad Name: Harrisburg, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to lood plain included): Flat slopes; the WWTP is located within the 100 year flood plain. 9. Location of nearest dwelling: None within 500 feet. 10. Receiving stream or affected surface waters: a. b. c. Classification: C River Basin and Subbasin No.: Yadkin - Describe receiving stream features downstream uses: Receiving stream is creek with sandy/muddy bottom. There are wastewater discharges in the same basin. classification uses downstream. Reedy Creek Pee Dee 030711 and pertinent a moderate size several other General "C" SCRIPTION OF DISCHARGE AND TREATMENT WORKS olume of wastewater to be permitted: 0.017 MGD (ultimate design capacity) Current permitted capacity of the wastewater treatment facility: 0.017 MGD c. Actual treatment capacity of the current facility (current design capacity): 0.017 MGD 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 WWT facilities consist of a bar screen, aeration basin, clarifier, chlorine disinfection, and aerated sludge holding tank. Please provide a description of proposed wastewater treatment facilities: N/A g . Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2 Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit No.: N/A Residuals Contractor: N/A Telephone No.: N/A b. Residuals stabilization: N/A c. Landfill: N/A d Other disposal/utilization scheme (Specify): Sludge is pumped. by Liquid Waste, Inc., and disposed at a CMUD WWTP. Treatment plant classification (attach completed rating sheet): Class II' 4. SIC Code(s): 4952 Wastewater Code(s) Primary: 05 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? N/A or tations (including toxic y) SOC, JOC or Compliance Schedule dates (Please N/A ve Analysis Evaluation: Irrigation: N/A inection to Regional Sewer System: N/A ubsurface: N/A Other disposal options: Another package type WWTP (McCarron Subdivision — NC0071781) is located downstream on the east side of Hood Road. The permittee should investigate connecting to this WWTP. Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: There are no air quality, groundwater, or hazardous materials concerns. 6. Other Special Items: N/A PART IV EVALUATION AND RECOMMENDATIONS The permittee, Northeast Plaza, LTD., has applied for permit renewal. The development continues to be tied up in the estate of Marshall Crouch who was a general partner. It is recommended that the facility investigate connection to the other package WWTP as stated above since the estate may have limited financial ability to maintain the WWTP; also the WWTP is located within the 100 year flood plain. There are only 4 houses connected to the WWTP. The McCarron Subdivision WWTP is operated by a utility. The existing McCarron WWTP may be adequate to handle the design flow from both subdivisions without expanding. It is recommended that the permit be renewed with a condition requiring the permittee to investigate connection to the neighboring WWTP. nature of report preparer Water QualityRegional Supervisor Date 7/-Z 1.4 1998 Mr. Mark McIntyre, F.E. Environmental Engineer North Carolina Department of Environment and Natural Resources Post Office Box 29535 Raleigh. N.C. 27626-0535 Re: Proposed NPDES Permit Expansion McCarron Waste Treatment Plant NPDES NC0071781 Mecklenburg County LDESI P.N. 87107 Dear Mark: On behalf of Rayco Utilities, Inc., and the Harry Grimmer Company, we are submitting herewith an application, S400.00 application fee, and supporting documentation for a proposed expansion of the McCarron Waste Treatment Plant. The plant discharges to Reedy Creek, and no change in the discharge location is proposed. The filing of this application is based upon the results of an engineering evaluation and alternatives analysis in accordance with Title 15A NCAC 2H .0105 (c) (2), which is presented in the attached Preliminary Engineering Report. We respectfully request your review of the enclosed and welcome any questions or comments. As presented in the Report conclusions, the proposed plant expansion appears to represent the most viable option for providing wastewater service to the Dulin site, proposed for development by the Harry Grimmer Company. The Dulin site is immediately adjacent to the McCarron Waste Treatment Plant, and is shown in the Figures in the Report. As discussed in the Report, in addition to the expansion providing service to the Dulin site, it would also provide the opportunity for possible abandonment of the existing White Forest Waste Treatment Plant, a 0.017 MGD facility (NPDES NC0013932). Rayco Utilities has indicated a willingness to provide service to this system, provided the Owner(s) assume the responsibility for any required line extensions to facilitate the connection. 1700 East Boulevard Cnarlone, NC 28203 Telephone: 70 4.376.7777 Fax: 704.376.8235 14-C Oak Branch Drive Greensboro. NC 27407 Telephone: 910.855.5785 Fax: 910.855.1864 ark McIntyre January 23, 1998 Page Two This project has been submitted directly to you as follow-up to yob oive Esticznwith Mr. Grimmer, in late December, and we appreciate your cooperation. Very truly yours, Dale C. Stewart, P.E. Enclosures cc: Mike Rackley Leonard Stogner FEB PRELIMINARY REPORT WATER AND SEWER TO SERVE THE D ULIN SITE PREPARED FOR THE HARRY GRIMMER COMPANY MECKLEN"Y.B 'R G COUNTY JANUARY, 1998 ENGINEERING SERVICES INC. 1700 EAST BOULEVARD CHARLOTTE, NC 28203 E SECTION 1 - GENERAL 1.01 Introduction The Harry Grimmer Company has under contract and an option to purchase an approximately 153 acre tract of land in eastern Mecklenburg County for a proposed single family residential community development. The site is located off Plaza Road Extension, as shown on the Vicinity Map in Figure 1. Mr. Mike Rackley (704) 523-8823 is manager for the project. The company has retained the services of LandDesign Engineering Services, Inc., for the conduct of a preliminary engineering study to determine the most feasible options for providing the site with water and sewer service. 1.02 Scope of Study The scope of this study is limited to the identification and evaluation of water supply and sewage disposal/treatment alternatives The study includes review of existing public and private utility systems for possible connection, on site wells and sewage disposal, and possible new discharge to Reedy Creek. which runs along the eastern boundary of the site. This study has been conducted in accordance with Title 15A NCAC 2H .0105(c) (2), and good engineering practice. Information included herein has been provided by the Charlotte -Mecklenburg Utility Department (CMUD), Carolina Water Service (CWS), Rayco Utilities, Soil Conservation Service, and Mr. Toney Jacobs, CPSS. The assistance of these organizations and individuals is gratefully acknowledged. 1 SECTION 2 - BACKGROUND INFORMATION 2.01 Project Area The Dui in Site is located in eastern Mecklenburg County approximately 8,400' from the Charlotte City Limits. It has approximately 2,100 1.f. of frontage along Plaza Road Extension, across from Reedy Creek Elementary School. The site is in the Crab Orchard Township. As shown on Figure 2, several neighborhoods are under development in the area, generally as a result of the availability of private utility service from Carolina Water Service, Rayco Utilities or Bradfield Water Company. Several older subdivisions exist on larger lots on well and septic systems. Public utility service is presently unavailable in the area. The area is primarily residential in character with very minor commercialiretail uses. As shown on Figure 2. the proposed I-485 Charlotte Outerloop will be located in close proximity to the Dulin site with an interchange at Robinson Church Road, and will cross Plaza Road Extension, approximately 3,600 feet from the site. 2.02 Site Characteristics A copy of the Mecklenburg County aerial topographic survey for the site is shown as Figure 3. The topography is very gentle along the frontage of Plaza Road, and falls away to the eastern boundary along Reedy Creek. Reedy Creek is a major tributary in the area, and as shown on Figure 2, creates a flood plain area along the creek. Although the tract has been historically used for farming over parts of the site, it is now predominately wooded. The older fields are gown up insmall pines, vines and briars. Other areas are in hardwoods, including the floodplain. Two smaller drainage tributaries run into the site from Reedy Creek. An on -site review was conducted by Toney Jacobs, CPSS for the purposes of soil suitability and identification of key physical features. His report is presented in Appendix A, and provides additional information on existing conditions on the site. The total area of the site is 153.18 acres. Approximately 9 acres lie within the floodplain of Reedy Creek. The location of the site within the Reedy Creek Drainage Basin is shown on Figure 4. The contributory area of Reedy Creek Basin to this site is approximately 7,020 acres. 2.03 Zoning/Land Use The Dulin site is presently zoned R-4 under the Charlotte -Mecklenburg Zoning Ordinance, which allows for a maximum density of four (4) dwelling units per acre. Based on the site acreage, this zoning allows for a theoretical lot count of 612. A preliminary sketch plan was prepared by Environmental Design, P.A., in November, 1997 to determine the approximate developability of the site based on zoning, topography, floodplain, and other physical features, and the Charlotte - Mecklenburg Subdivision Ordinance. A reprint of this sketch plan is shown as Figure 5, and indicates a lot total of 495, with three basic lot sizes, the smallest being 7,200 square feet. This zoning classification is typical of much of Mecklenburg County's outlying areas, which now permits higher -density. A section of the zoning map for this area of the County is presented as Figure 6. LI SECTION 3 - EXISTING IJTILI lES 3.01 Public Facilities The Charlorte-MecklenburgUtility Department presently serves the City of Charlotte, the five smaller incorporated Towns of Cornelius, Davidson, Huntersville, Pineville, and Matthews, and significant portions of the unincorporated areas in Mecklenburg County. CMUD is in the process of serving the Town of Mint Hill. The majority of CMUD service area lies in the Catawba River Basin. However, the Mallard Creek Plant serves a large area in the northeast section, which lies in the Rocky River/Yadkin River Basin. Some smaller areas within this basin are pumped back to the Catawba River Basin. Only a very small portion of the area, in the upper reaches of the Reedy Creek Basin, is provided sewer service by pumping back to the Catawba River Basin side of the system. The existing facilities maintained by CMUD in the vicinity of the Dulin Site are shown on Figure 7. The current long range Capital Improvements Plans for CNIUD is shown on Figure 8. Reedy Creek flows naturally into Cabarrus County. The County has a regional plant on the Rocky River, and some service in the Reedy Creek Basin, however, the limits of the system are several miles downstream from the Dulin site. CMUD and Cabarrus County Water and Sewer Authority have reached a historic agreement to cooperate in the provision of sewer service to areas of Mecklenburg County, which naturaily flow into Cabarrus County. Several major line extensions are underway in the northern sections of both counties. This new service area is shown on Figure 9. There are no immediate plans for extension into the Reedy Creek Basin, however, a regional study has been completed with the coordination of Stanley, Union, and Cabarrus Counties, and CNIUD. A reprint of the likely future service areas, which would result from implementation of a regional plan is shown as Figure 10. However, it is anticipated that several years will be required to refine costs, execute regional aueements, and build actual facilities. 3.02Private Facilities As noted previously, due to the absence of public services, development in the area has occurred utilizing on -site well and septic, or with the franchising of private utility areas. Four principal private utility operators exist in the area, and the respective service areas are shown on Figure 11. The following paragraphs describe each service area and basic existing facilities. 4 3.02.01 Mid -South Water Systems, Inc. Mid -South Water Systems, Inc., serves the Farrnwood North Subdivision with only water from existing wells. The Stone Mountain and Willows Creek Subdivision are served water and sewer with sewage treatment at the Crossire Creek Treatment Plant (150,000 gpd). The Brantley Oaks Subdivision is also provided sewer service from this plant, but is provided water from CMUD. Mid - South currently has no facilities in the Reedy Creek Basin, and all of the capacity of the Crossire Creek Plant is either utilized or reserved. 3.02.02 Carolina Water Service The Carolina Water Service (CWS) system in the project area is extensive. The company presently provides water andsewer to the following communities. Bradford Park, Victoria Park, Cabarrus Woods, Brookstead, Cambridge, Turtle Creek, Britley and Steeplechase. Expansions are also underway to serve other developments. Sewer treatment for the CWS service area is provided at the Cabarrus Woods Waste Treatment Plant. The existing permit for this plant allows expansion up to 950,000 gpd. The current in place capacity is 450,000 ;pd. 3.02.03 Bradfield Water Company This utility provides water and sewer service primarily to the Bradfield Farms Subdivision, an approximately 1,200 unit residential development. Service is also provided to Silverton and Woodland Farms. The sewer treatment is provided in the Bradfield Farms Waste Treatment Plant, located on McKee Creek. The plant has an in place capacity of 460,000 gpd, with a permit capacity of 700,000 gpd. All capacity is either utilized or reserved. 3.02.04 Rayco Utilities Rayco owns and operates the water and sewer facilities serving, the McCarron Subdivision, off Hood Road, a 107 lot development. The plant has a permitted capacity of 49,950 gpd, with the existing plant in -place at the rated capacity. There is one community well serving the existing, customers. i 1 1 SECTION 4 - ALTERNATIVES FOR SERVICE 4,01 On -Site Septic/Spray Irrigation A study of the existing soils on the Dulin site was conducted by Mr. Toney Jacobs, CPSS. A report of his findings is included in Appendix A. The results indicate that approximately one half of the existing site is "provisionally suitable" soils for ground absorption systems. Based on Mr. Jacobs evaluation, including topography and floodway as well as soils, the estimated yield for the Dulin site utilizing ground absorption is 150 lots. As the present zoning allows on R-4 density and preliminaiy plans indicate a potential yield of 495 lots, utilizing on -site septic does not appear to be an economically viable alternative for the site. Mr. Jacobs also evaluated the site for possible spray irrigation and estimated a potential yield of 300 lots based on setting aside approximately 48 acres in a dedicated disposal site. This does not allow for area required for plant construction and wet weather storage. This significant reduction lot yield renders this an undesirable, unviable alternative also. The potential for off -site acquisition of other property suitable for a land application site appears low due to the extent of development in the area_ 4.02 Rayco Utilities As noted previously, Rayco operates the McCarron water and sewer system. A copy of the NPDES permit for the McCarron Waste Treatment Plant is presented in Appendix B. The existing water system is limited with only one well supplying existing customers. The capacity of the treatment plant is 49,950. The Harry Grimmer Company has received a proposal from Rayco for the possible expansion of the McCarron Plant. Therequired additional capacity to serve the Dulin site would be approximately 178,200 gpd (459 connections X 360 gpd/connection). The existing McCarron Subdivision calls for a build -out of 102 lots or 38,520 gpd. The Dulin site and the McCarron site are contiguous for a section of their common boundary along Reedy Creek, which would allow conveyance of wastewaters to the plant. The White Forest Plant serves a small subdivision offHood Road. A copy of the NPDES permit for this plant is provided in Appendix C. The plant has a rated capacity of 17,000 gpd. There is an interest by the current owners in abandoning this facility and connecting to the McCarron system with the White Forest system, the total flow to a potentially expanded McCarron Waste Treatment Plant would be 233,720 gpd (178,200 + 38,520 ± 17,000). Under this alternative water supply would need to be provided by on -site wells on the Dulin site or by extension of public water from the CMUD system. Rayco has indicated no objection to providing only sewer service to the site. This alternative is depicted in Figure 12. - 6 - oiina Water Service CWS has also provided a proposal for service to the Dulin site, which is summarized in a letter from the Harry Grimmer Company in Appendix E. The proposal calls for water service via extension of Plaza Road Extension from near the entrance to the Brookstead Subdivision as depicted in Figure 13. Sewer service would require the installation of a pump station on the Dulin site and a force main through the development, and along Plaza Road Extension again to Brookstead. Sewerage reatment would be providedin. the Cabarrus Woods Waste Treatment Plant. CWS has indicated that sewer service would only be provided if water service was also from their system (i.e., ownership of both water and sewer in the Dulin project). 4.04 Charlotte -Mecklenburg Utility Department CMUD has existing major water facilities on Plaza Road Extension at Plott Road (Figure 7), and has recently completed the design of an extension of a 16" water main alone Plaza Road Extension to Hood Read. This water main is expected to be installed in 1998. Service could be extended along. Plaza Road Extension to the Dulin site under the CMUD reimbursable program, in which. the developer pays up front for the construction, and is then reimbursed over 5 years at 20% per year. The CMUD sewer system ends near Plott Road as shown on Figure 7, and presently there is no potential for sewer service as stated in a letter from CMUD presented in Appendix F. However, it is anticipated that ultimately this area of the Reedy Creek Basin would be served through a cooperative agreernent with Cabarrus County. 7 SECTION 5 - EVALUATION OF ALTERNATIVES 5.01 Basin for Comparison After review of the various alternatives for serving the Dulin site, capable of allowing for the permitted development under the current zoning, two alternatives were selected for economic comparison. First, CWS provided a proposal for water and sewer service by extension from existing systems serving the Cabarrus Woods area. This option requires the dedication of three sites within the Dulin property for new community wells. The second alternate would actually combine the services for water from CMUD and sewer by expansion of the McCarron Waste Treatment Plant by Rayco Utilities. The alternatives were compared on the basis of capital costs, including non -construction items such as tap fees, and operation and maintenance costs annualized over a 20 year design life. 5.02 Capital Costs A detailed breakdown of estimated construction costs for each alternate are presented in Appendix G. The costs are based on respective proposals received, current bidding experience in the Charlotte area with similar construction, and estimates of the actual quantities of various items (piping, etc.), required in each alternative. Non -construction items were included in capital costs and covered such items as survey and design, legal allowances, capacity changes, and tap fees. The capital costs totaled $1,580,240.00 for the CWS service and $1,308,680.00 for the Rayco Utilities/CMUD alternatives. 5.03 Operation and Maintenance Costs The operation and maintenance costs associated with the constructed facilities in each alternative were also estimated and included in the overall comparison of costs in Appendix G. The annualized O&M for the CWS alternate was $681,733.00, and for the Rayco/CMUD alternate $765,196.00. The respective total of all costs for each alternative were: Capital Costs 0 & M Grand Water Sewer Total Costs Total CWS 650,800.00 929,440.00 1,580,240.00 681,733.00 2,261,973.00 Rayco/CMUD 291,980.00 1,016,700.00 1,308,680.00 765,196.00 2,073,876.00 8 Based on the results of the costs estimates, the Rayco/CMUD alternative indicates a cost savings of approximately $188,000.00 over the life of the facilities. 5.04 Other Considerations There are two other items which should be considered in final selection of the alternative proposed for serving the Dulin site. Rayco has indicated a willingness to accept the White Forest Subdivision into the McCarron System based on the potential approval of a plant expansion, which would eliminate the existing plant and discharge, and also a willingness to allow CMUD to own and operate both the water system in the Dulin site and the sewer collection system. Preliminary discussions with CMUD have indicated an interest in owning the collection system and executing an agreement with Rayco for treatment in the expanded McCarron Plant. Such an agreement would simplify the future abandonment of the McCarron Plant as the CMUD/Cabanas County regional system is expanded, and avail the necessity for future buyout of the system. 9 1 SECTION 6 - SUMMARY AND RECOMMENDATIONS 6.01 Summary An engineering study has been completed to identify and evaluate, on the basis of feasibility and costs, the potential for water and sewer service to a proposed single-family residential development on the Dulin Property in eastern Mecklenburg County. The results of the study indicate the most economically viable alternative to be the extension of water service from the CMUD system, and the provision of sewer service by agreement with Rayco Utilities and expansion of the McCarron Waste Treatment Plant, 6.02 Recommendations Based on the conclusions reached in this study the following_ actions are recommended: File an application for expansion of the NPDES permit for the McCarron Waste Treatment Plant. 2. Execute a reimbursable contract with CMUD for extension of water service. 3. Facilitate agreements with CMUD and Rayco Utilities for ownership of the collection system by 0/IUD and bulk sewer service to the site by Rayco. 4. Facilitate abandonment of the White Forest Waste Treatment Plant. - 1 0 - EX-1 McCarron Expansion 809032 SECTION 3 EXISTING UTILITIES 3.01 PUBLIC FACILITIES The Charlotte -Mecklenburg Utility Department (CMUD) presently serves the City of Charlotte, the five smaller incorporated Towns of Cornelius, Davidson, Huntersville, Pineville, Matthews, and. Mint Hill, and significant portions of the unincorporated areas in Mecklenburg County. CMUD has also extended service to the Town of Mint Hill. The majority of CMUD service in this area lies in the Catawba River Basin. Some smaller areas within this basin are pumped back to the Catawba River Basin. Only a very small portion of the area, in the upper reaches of the Reedy Creek Basin, is provided sewer service by pumpingback to the Catawba River Basin side of the system. The existing facilities maintained by CMUD in the vicinity of the service area are shown in Figure 5. The current long range Capital Improvements Plan (CIP) for CMUD is shown in Figure 6. Reedy Creek flows naturally into Cabarrus County. The County has a regional plant on the Rocky River, and some service in the Reedy Creek Basin; however, the limits of the system are several miles downstream from the service area. CMUD and Cabarrus County Water and Sewer Authority have reached agreement to cooperate in the provision of sewer service to areas of Mecklenburg County, which naturally flow into Cabarrus County. Several major line extensions are underway in the northern sections of both Counties. However, it is anticipated that it will be several years before sewer reaches the upper region of the Reedy Creek Basin, even though the trunk sewers are depicted on Figure 6. 3.02 PRIVATE FACILIITES As noted previously, due to the absence of public services, development in the area has occurred utilizing on -site well and septic, or through franchising private utility areas. Four principal private utility operators exist in the area, and the respective service areas are shown in Figure 7. The following paragraphs describe each service area and basic existing facilities. 3.02.01 Heater Utilities Heater Utilities serves the Stone Mountain and Willows Creek Subdivisions with sewage treatment at the Crossire Creek Treatment Plant (150,000 gpd). The Brantley Oaks Sub- division is also provided sewer service from this plant, but is provided water from CMUD. Heater Utilities currently has no facilities in the Reedy Creek Basin and all of the capacity of the Crossire Creek Plant is either utilized ©r reserved. 3.02.02 Carolina Water Service EX-2 McCarron Expansion 309032 The Carolina Water Service (CWS) system in the project area is extensive. The company presently provides water and sewer to the following communities: Bradford Park, Victoria Park, Cabarrus Woods, Brookstead, Cambridge, Turtle Creek, Britley and Steeplechase. Expansions are also underway to serve other developments. Sewer treatment for the CWS service area is provided at the Cabarrus Woods Waste Treatment Plant. The existing permit for this plant allows expansion up to 950,000 gpd. The current in -place capacity is 450,000 gpd. Rayco and CWS have no existing agreements for system interconnection and have separate franchise service areas. 3.02.03 Bradfield Water Company This utility provides water and sewer service primarily to the Bradfield Farms Subdivision, a residential development of approximately 1,200 units. Service is also provided to Silverton and Woodland Farms. The sewer treatment is provided in the Bradfield Farms Waste Treatment Plant, located on McKee Creek. The plant has an in -place capacity of 460,000 gpd, with a permit capacity of 700,000 gpd All capacity is either utilized or reserved. 3.02.04 Rayco Utilities Rayco owns and operates the water and sewer facilities serving the McCarron Subdivision, off Hood Road, a 107 lot development. The plant has a permitted capacity of 250,000 gpd. The existing plant with a capacity of 49,950 gpd has a planned expansion and pending ATC for a capacity of 244,000 gpd to allow service to the Reedy Creek Plantation Development, a 505 lot single-family subdivision. Rayco anticipates providing service, pending operating agreements, to the White Forest Development to allow abandonment of the White Forest Waste Treatment Plant just upstream of McCarron Subdivision. The White Forest Waste Treatment Plant is a 0.017 mgd facility treating septic tank effluent from the White Forest Subdivision. END OF SECTION ALT-1 McCarron Expansion 89032 a i SECTION 4 ALTERNATIVES FOR SERVICE 4.01 ON -SITE SETPIC/SPRAY IRRIGATION A soils map of the service area is included as Figure 8. Soils generally are cecil series on upland areas, which are generally suitable for large lot septic systems and change to less desirable soils as the land falls away to Reedy Creek and it's tributaries. The use of septic would not be feasible for R-4 zoning without the sacrifice of a significant number of lots. Also, it is not feasible to develop the zoned business areas on septic systems in this area without significant areas of land being dedicated to the septic fields. The combination of land parcels in the proposed service area could yield approximately 300 lots, and when combined with the B-1 (CD) property, could produce flows of approximately 120,000 gpd. Approximately 35 - 40 acres would be required for spray irrigation of this quantity of flow, plus required buffers, which would severely restrict the potential land for development in the service area. The potential for acquisition of land suitable for land application outside the service area is low due to the extent of overall development in the area_ 4.02 RAYCO UTILITIES As noted previously, Rayco operates the McCarron water and wastewater system. A copy of the NPDES permit for the McCarron Waste Treatment Plant is presented in Appendix A. The capacity of the treatment plant is 49,950 with an expansion to 244,000 gpd pending. The Harry Grimmer Company has a commitment from Rayco for the expanstion of the McCarron Plant. The required additional capacity to serve the Grimmer site would be approximately 181,800 gpd (505 connections x 360 gpd/connection). The existing McCarron Subdivision calls for a build -out of 107 lots or 38,520 gpd. The Grimmer site and the McCarron site are contiguous for a section of their common boundary along Reedy Creek which would allow conveyance of wastewaters to the plant. The White Forest Plant serves a small subdivision off Hood Road. A copy of the NPDES permit for this plant is provided in Appendix B. The plant has a rated capacity of 17,000 gpd. There is an interest by the current owners in abandoning this facility and connecting to the McCarron system with the White Forest system, the total flow to a potentially expanded McCarron Waste Treatment Plant would be 237,320 gpd (181,800 ± 38,520 + 17,000). With the plant expansion planned for 244,000 gpd, this leaves very little capacity for the proposed service area. The McCarron Plant is very adaptable to a plant expansion to 366,000 gpd, which would be appropriate for the proposed service area. A site plan of the existing McCarron Waste Treatment Plant is shown as Figure 9, on which is depicted the potential ALT-2 McCarron Expansion 89032 layout and process components required for an expansion to 366,000 pd. Figure 10 depicts the service area, plant, and sewer for service to the area. 4.03 CAROLINA WATER SERVICE CWS has provided proposals for service to other sites in the area that typically require the developer to install all system components and pay a sewer tap fee of $1,100.00 per lot plus a treatment capacity fee of $300.00 per lot. Sewer service would require the installation of a pump station at the McCarron Plant and a force main to the Cabarrus Woods Waste Treatment Plant. This alternate is depicted as Figure 11. 4.04 CHARL©1-1`E-MECKLENBURG UTILITY DEPAR CIvIUD has existing major water facilities on Plaza Road Extension at Plott Road, and has recently completed the design of an extension of a 16-inch water main along Plaza Road extension to Hood Road. This water main is expected to be completed this year. The CMUD sewer system ends near Plott Road as shown on Figure 5, and presently there is no potential for sewer service from CMUD to this area. However, it is anticipated that ultimately this area of the Reedy Creek Basin would be served through a cooperative agreement with Cabarrus County. During the original investigation of sewer service to the Dulin property — Reedy Creek Plantation, CMUD provided a letter to the Harry Grimmer Company indicating that service could not be provided to this area due to the lack of capacity in the Plott Road Pump Station. This status has not changed, and the anticipated ultimate technique for public service is from Cabarrus County. END OF SECTION EVAL-1 McCarron Expansion 89032 SECTION 5 EVALUATION OF ALTERNATIVES FOR SERVICE 5.01 BASIS FOR COMPARISON After review of the various alternatives for serving the proposed service area, capable of allowing the permitted development under the proposed zoning, two alternatives were selected for economic comparison. First, would be CWS, based on their typical sewer service proposal, by extension from the existing systems serving the Cabarrus Woods area. It is not known for certain that an agreement could be reached with CWS for service to this area. 2. The second alternative would be by expansion of the McCarron Waste Treatment Plant by Rayco Utilities. The alternatives were compared on the basis of capital costs, including non -construction items such as tap fees, and operation and maintenance costs annualized over a 20-year design life. 5.02 CAPITAL COSTS A detailed breakdown of estimated construction costs for each alternative are presented in Appendix D. The costs are based on current bidding experience in the Charlotte area with similar construction, and estimates of the actual quantities of various items (piping, etc.), required in each alternative. Non -construction items were included in capital costs and covered such items as survey and design., legal allowances, and capacity changes, and tap fees. The capital costs totaled $1,333,700.00 for the CWS service and $708,500.00 for the Rayco Utilities alternatives. 5.03 OPERATION AND 'CE COSTS The operation and maintenance costs associated with the constructed facilities in each alternative were also estimated and included in the overall comparison of costs in Appendix D. The annualized O&M for the CWS alternate was $585,633.00, and for the Rayco alternate $850,485.00. The respective totals of all costs for each alternative were: 1. CWS 2. Rayco CAPITAL COSTS O&M GRAND SEWER COSTS TOTAL 31,333,700.00 $585,633.00 S 1,919,333.00 $ 708,500.00 $850,485.00 $1,558,985.00 EVAL-2 McCarron Expansion 89032 Based on the results of the cost estimates, the Rayco alternative indicates a cost savings of approximately $360,348.00 over the life of the facilities. 5.03 ©T ER CONSIDERATIONS There are two other items, which should be considered in final selection of the alternative proposed for serving this area. Rayco has indicated a willingness to accept the White Forest Subdivision into the McCarron system, which would eliminate the existing plant and discharge. Although no certain date is known for the provision of public service to this area, it is anticipated that the McCarron Waste Treatment Plant will ultimately be abandoned as CMUD/Cabarrus County extend trunk sewers into this area and the development of a customer base will tend to off -set the extensive collection system cost required to extend service up Reedy Creek. END OF SECTION McCarron Subdivision WWTP — NPDES Renewal Regional Staff Report Page SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Susan Wilson Date: September 29, 1999 NPDES ST. 1€ ' REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: TIC0071781 MRO No.: 99-132 PART I - GENERAL INFORMATION Facility and Address: McCarron Subdivision c/o Rayco Utilities, Inc. Physical Address McCarron Way Harrisburg, NC Date of Investigation: September 29, 1999 Report Prepared By: Michael Parker, Environmental Mailing Address 107 Commercial Drive SW Concord, NC 28027 4. Person Contacted and Telephone Number: Rayco Utilities, Inc. (704)788-9497 ORC Name: Don Oates (Certification r 9442) Backup ORC: Perry Smith and Leonard Stogner Directions to Site: From the intersection of SR 2822 (Robinson Church Rd.) and SR 2826 (Hood Rd.) just east of the City of Charlotte, travel north on SR 2826 approx. 0.3 mile and turn right on Kentshire Lane (no SR number). Travel approx. 75 yards and turn left on McCarron Way (no SR number). Travel approx. 200 yards and turn left onto a dirt access road. The WWTP is located at the end of the dirt road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35° 14' 59" Longitude: 80° 41' 13" Attach a USGS Map Extract and indicate treatment plant site and discharge Point on map. USGS Quad No.: G 16 NW USGS Quad Name: Mint Hill, NC McCarron Subdivision WWTP — NPDES Renewal Regional Staff Report Page 2 7 Site size and expansion area consistent with application: Yes. There appears to be .adequate land available for future expansion or upgrading. 8. Topography (relationship -to flood plain included): Relatively flat in the vicinity of the WWTP.. The WWTP site appears to be located within the 100-year flood plain-, however, all WWT units appear to have been constructedabove flood plain elevation. 9. Location of Nearest Dwelling: There are several dwellings within 500 feet of the existing WWTP site. 10. Receiving Stream or Affecte-d Surface -Waters: Reedy Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin — Pee Dee 03-07-11 c. Describe receiving stream features and pertinent downstream uses: The stream channel is approx.10-20 feet wide and 4-24 inches deep at the point of discharge. The area both upstream and downstream is generally rural, however, the area is receiving heavy residential development. PART 1:1 - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. -Volume of Wastewater: 0.0251 MGD (Actual Flow from DMRs) b Current permitted capacity: 0.04995 MGD with expansion to 0.250 MGD upon receipt and approval of ATC (as per 6/25/98 permit modification). c. Design capacity of current facility: 0.04995 MCI) d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: The edsn WWT facilities consist of an influent pump station followed by a bar screen, it removal, equAli7ntion basin, aeration basin, clarifier, chlorine gas disinfection with contact tank, tertiary filter, aerated sludge bolding tank and a flow recorder with totalizer. f. Description of proposed WWT facilities: Mr. Leonard Stogn..r stated th2-Ahe existing treatment system will be replaced in the near future by a new plant capable of treating. e.250 MGD. The ATC describing the new system was reportedly prepared and sent to the DWQ central office sometime last week (3/15- 3/19/1994). -However, DWQ review of the proposed expansionlas not been _completed. Mr. Stoner stated that construction activities are expected to begin in June 1999, pencii-ig DWQ review and approval ofthe ATC. e. Possible toxic impacts to surface waters: Chlorine is added -to the waste stream. McCarron Subdivision WWTP — NPDES Renewal Regional Staff -Report h. Pretreatment Program (POTWs only): Not Needed. Residual handling and utilization/disposal scheme: Residuals are pumped out by Piedmont Septic Tank (Randy Milton (704) 857-6426), which operates in accordance with Permit NC00772. The residuals are transported to either Rocky River WWTP or Town Creek WWTP for disposal. Treatment Plant Classification: Class If (no change from previous rating). 4. SIC Code(s): 4952 Wastewater Code(s): Primary-05; SecondaryN/A 5. MTU Code(s): 06107 PART Ill - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation: No municipal sewer in the area. PART TV - EVALUATION AND RECOMMENDATIONS The permittee has applied for a modification to the subject permit. The existing WFTF serves the McCarron Subdivision in northern Mecklenberg County. There have been no substantial changes to the WWTP since the last staff report (and permit renewal), however, it is proposed in this Permit modification that the existing WWT system be replaced by a new WVJTP capable of treating 0.375 MGD of wastewater. Since the Permit was last renewed, a modification to the permit was approved on .June 2, 1998, for an expansion up to 0 250 MGD. This expansion was authorized to allow the permittee (Leonard Stogner) to receive the wastewater from a yet -to -be -constructed development called Reedy Creek Development. Since that time additional requests for capacity have been received by the permittee, which has prompted the subject modification request. These additional requests for capacity include a proposed residential development (Pappas Properties) and the eventual connection of the wastewater from the nearby White Forest Development (NC0063 932), which has experienced periods of non-compliance over the past several years. Although the subject WWTP was approved for an expansion up to 0.250 MGD, it is ^1e .. e`h © .- : e e �+ - exists; e rece? ©" rr' cr this uri...�a- ac tc whether s 1� i nt.ass:�iia'_v caoa A;�. .nth.. __��:� s�a� f4_ proposed increase in flow. Receipt and approval of the WLA will be necessary to make this determination. McCarron. Subdivision WWTP — NPDES Renewal Regional Staff Report Page 4 One important WQ benefit achieved by this expansion is the eventual elimination of the White Forest WWTP. It is expected, however, that this facility, as well as any others in the immediate area, will connect to municipal sewer once it becomes available. The modified permit should contain the appropriate language mandating this requirement. Therefore, pending receipt and approval of the WLA, it is recommended be modified as requested h:\dsr\dsr991.mccarron.doc Date water Quality R�ianal Supervisor` / Date e P McCarron Subdivision V1'WTP — NPDES Renewal Reuional Staff Report Page SOC PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Susan Wilson 1Date: September 29, 1999 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0071781 MRO No.: 99-132 PART I - GENER4L INFORMATION Facility and Address: McCarron Subdivision c/o Rayco Utilities, Inc. Physical Address McCarron Way Harrisburg, NC Date of Inv ==ation: S P ber 29, 1999 MailingAddress 107 Commercial Drive SW Concord, NC 28027 Report Prepared By: Michael Parker, Environmental Engineer II Person Contacted and Telephone Number: Rayco Utilities, Inc. (704)788-949 7 ORC Name: Don Oates (Certification r 9442) Backup ORC: Perry Smith and Leonard Stogner Directions to Site: From the intersection of SR 2822 (Robinson Church Rd.) and SR 2826 (Hood Rd.) just east of the City of Charlotte, travel north on SR 2826 approx. 0.3; mile and turn right on Kentshire Lane (no SR number). Travel approx. 75 yards and turn left on McCarron Way (no SR number). Travel approx. 200 yards and turn left onto a din access road. The Vs7WTP is located at the end of the dirt road. Discharge Point(s), List for all discharge Points: - Latitude: 35° 14' 59" Lonuitude: 80° 41' 13" .At,.acit a USGS Map E cate t nt plant site and discharge point or. reap. USGS Quad No.: G 16 NW USGS Quad Name: Mint Hill, NC McCarron Subdivision WWTP — NPDES Renewal Regional Staff Report Palle 7. Site size and expansion area consistent with application: Yes. There appears to be adequate land available for future expansion or upgrading. Topography (relationship to flood plain included): Relatively flat in the vicinity of the WWTP. The WWTP site appears to be located within the 100-year flood plain; however, all WWT units appear to have been constructed above flood plain elevation. 9. Location of Nearest Dwelling: There are several dwellings within 500 feet of the existing DTP site. 10. Receiving Stream or Affected Surface Waters: Reedy Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin — Pee Dee 03-07-11 c. Describe receiving stream features and pertinent downstream uses: The stream channel is approx.10-20 feet wide and 4-24 inches deep at the point of discharge. The area both upstream and downstream is generally rural, however, the area is receiving, heavy residential development. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater: 0.0251 MGD (Actual Flow from DMRs) Current permitted capacity: 0.04995 MGD with expansion to 0.250 MGD upon receipt and approval of ATC (as per 6/25/98 permit modification). Design capacity of current facility: 0.04995 MGD Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of an influent pump station followed by a bar screen, grit removal, equalization basin, aeration basin, clarifier, chlorine Etas disinfection with contact tank, tertiary filter, aerated sludge holding tank and a flow recorder with totalizer. Description of proposed WWT facilities: Mr. Leonard Stogner stated that the existing treatment system will be replaced in the near future by a new plant capable of treating 0.250 MGD. The ATC describing. the new system was reportedly prepared and sent to the DWQ central office sometime last week (3/15- 3/19/1999). However, DWQ review of the proposed expansion has not been completed. Mr. Stogner stated that construction activities are expected to begin in June 1999, pending DWQ review and approval of the ATC. Possible toxic impacts to surface waters: Chlorine is added to the waste stream. McCarron Subdivision WWTP — NPDES Renewal Regional Staff Report Page Pretreatment Program (POTWs only): Not Needed. Residual handling and utilization/disposal scheme: Residuals are pumped out by Piedmont Septic Tank (Randy Milton (704) 857-6426), which operates in accordance with Permit NC00772. The residuals aretransported to either Rocky River WWTP or Town Creek WWTP for disposal. 3. Treatment Plant Classification: Class 1,1 (no change from previous rating). 4. SIC Code(s): 4952 Wastewater Code(s): Primary-05; Secondary -N/A 5. MTU Code(s): 06107 PART ID - OTHER PERTINENT INFORMATION 1. is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including, toxicity) requests: None at this time. 3 Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation: No municipal sewer in the area. PART TV - EVALUATION AND RECOMMENDATIONS The permittee has applied for a modification to the subject permit. The existing WWTP serves the McCarron Subdivision in northern Mecklenberg County. There have been no substantial changes to the WWTP since the last staff report (and permit renewal), however, it is proposed in this Permit modification that the existing WWT system be replaced by a new WWTP capable of treating 0.375 MGD of wastewater. Since the Permit was last renewed, a modification to the permit was approved on June 25. 1998, for an expansion up to 0.250 MGD. This expansion was authorized to allow the permittee (Leonard Stogner) to receive the wastewater from a yet -to -be -constructed development called Reedy Creek Development. Since that time additional requests for capacity have been received by the perrnittee, which has prompted the subject modification request. These additional requests for capacity include a proposed residential development (Pappas Properties) and the eventual connection of the wastewater from the nearby White Forest Development (NC0063932), which has experienced periods of non-compliance over the past several years. One important WQ benefit achieved by this expansion is the eventual elimination of the White Forest WWTP. It is expected, however, that this facility, as well as any others in the immediate area, will connect to municipal sewer once it becomes available. The modified permit should contain the appropriate language mandating a connection to municipal sewer once it becomes available. McCarron Subdivision WWTP NPDES Renewal Regional Staff Report Page 4 Although the subject WWTP was approved for an expansion up to 0.250 MGD, it is unclear as to whether sufficient assimilative capacity exists in the receiving stream for this proposed increase in flow. It is also our understanding that an overall reduction in nutrients inputs from point (and non -point) sources in this sub -basin is under consideration. Based on the amount of development occurring in this area, it would appear likely that municipal sewer will be extended to this area in the next 5-8 years. Such being the case, it is possible that the existing WWTP may never approach the anticipated 0375 MGD flow. Receipt and approval of the yet - to -be -promulgated WLA will be necessary prior to the issuance of the requested Permit modification. Therefore, pending receipt and approval of the WLA, it is recommended that the permit be modified as requested. 'Signiture o Repo eparer Date r Quality Regional upe h:vdsrzisr99v-necarronAoe Date SOC PRIORITY PROJECT: Yes_No c If Yes, SOC No. To: Permits and Engineering Uni Water Quality Section Attention: Charles Weaver Date: August 10, 1999 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC 0063932 PART I - GENERAL INFORMATION Facility and Address: White Forest TP 1164 Freeland Lane Charlotte, North Carolina 28217 2. Date of Investigation: June 15, 1999 3 Report Prepared By: Samar Bou-Ghazale, Env. Engineer I 4. Persons Contacted and Telephone Number: D.C. Coffee, Operator; (704) 309-1121 5. Directions to Site: From the intersection of SR 2803 (Plaza Road Ext.) And SR 2826 (Hood Road), travel south on SR 2826 approximately 0.6 miles. The wastewater treatment plant is located on the right side of the road. 6. Discharge Point(s). List for all discharge points: Latitude: 35 ° 15'02" Longitude: 80 °41'25" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map_ U.S.G.S. Quad No.: F 16 SW U.S.G.S. Name: Harrisburg, NC 7 Site si7e and expansion are consistent with application? Yes X No_ If No, explain: 8. Topography (relationship to flood plain included): Topography is flat; the WWTP is -ted svithin the 100 year flood plain, and the WWT units are not protected from oo ing• citation of nearest dwelling: None within 500 feet. eceiving streamor affected surface waters: Reedy Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin Pe.. -Dee; 03-07-11 c. Describe receiving stream features and pertinent downstream uses: The receiving stream in this area is approximately 10 to 15 feet wide with sandy/muddy bottom. General C classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS Volume of wastewater to be permitted: 0.017 MGD (Ultimate Design Capacity) What is the current perrnitted capacity of the wastewater treatment facility? 0.017 b. MGD c. Actual treatment capacity of the current facility (current design capacity)? 0.017 MGD 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: The existing treatment consists of a bar screen, aeration basin, clarifier, chlorine disinfection, and aerated sludge holding tank. Please provide a description of proposed wastewater treatment facilities: N/A Possible toxic impacts to surface waters: None other than chlorine. g. h. Pretreatment.Program (POTWs only): N/A 2„ Residuals handling and utilization/disposal scheme: Sludge is removed by Piedmont Septic Services and transported to the Rocky River Regional WWTP for disposaL 3. Treatment plant classification: Class II (Rating sheet is attached) 4. SIC Code(s): 4952 Secondary: ent Unit Code: 06007 R PERTINENT INFORMATION is facility being constructed with Construction Grant Funds or are any public monies volved (municipals only)? N/A ry Special monitoring or limitations (including toxicity) requests: N/A Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated: The applicant was not required to submit an alternative analysis evaluation since the facility is not in substantial non-compliance with the terms and conditions of the NPDES permit. Please provide regional perspective for each option evaluated. Spray Irrigation: N/A Subsurface: N/A Connection to Regional Sewer System: N/A 6. Other Special Items: In a conversation with the applicant, Mr. Willis, on June 22, 1999, it was learned that the discharge from the WWT facility will be connected to the McCarron Subdivision "GWTP whenever the WWTP expansion is completed. It should be noted that the McCarron T""l` facility has applied for an Authorization to Construct. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: No AQ or GW concerns nor are hazardous materials utilized at this facility with the exception of chlorine. PART IV - EVALUATION AND RECOMMENDATIONS Mr. H. E. Mullis with White Forest WWT Trust is requesting renewal of the subject permit. A review of the past year's self -monitoring data, from 03/98 through 03/99, did not reveal any limit violations. During the site investigation the wastewater treatment plant appeared to be in good operational condition. However, since the facility is located in a flood plain, it is recommended that the discharge from the subject facility be eliminated by the end of this permit cycle. (See item III.6. above) Pending review and approval by the P&E, it is recommended that the permit be renewed with a condition that the discharge be eliminated by the end of the permit cycle. Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality May 14, 2002 -/obi ,p,nto boos- 681-7 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Land Charlotte, NC 28212 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0063932 White Forest WWTP Case No, LV 02-145 Mecklenburg County Dear Mr. Mullis: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $585.45 ($500.00 civil penalty + $85.45 enforcement costs) against White Forest WWT Trust. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by White Forest WWT Trust for the month of December 2001. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0063932. The violations are suxnma.rized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that White Forest violated the terms, conditions or requirements of NPDES Permit No. NC0063932 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). 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, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against White Forest WWT Trust: Customer Service Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 1 800 623-7748 Fax (704) 663-6040 For ? of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0063932, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for Total Suspended Residue. $— TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. $ 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) (2) (3) (4) (5) (6) (7) 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; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; 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. in 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: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and retum to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His response will provide details regarding case status, directions for payment and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions. Please be advised that the Committee cannot consider information that was not part of the original remission request. considered by the Director and therefore, it is very important that you prepare a. complete and thorough statement in support of your request for remission. OR Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (Date) A 1"1`ACHMENTS D. Rex G1e on, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Attachment A White Forest WWT Trust White Forest WWTP NPDES Permit No. NC0063932 Case Number LV 02-145 Limit Violations, December 2001 Parameter Total Suspended Residue Daily Maximum Limit Violations Reported Value Limit 61.0*,64.7* 45.0 * denotes assessment of civil penalty. Units g/L rSTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ' AND NATURAL RESOURCES COUNTY OF Mecklenburg IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST White Forest WWT Trust PERMIT NO. NC0063932 WAIVER OF RIGHT TO AN OF ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02-145 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2002 BY ADDRESS TELEPHONE Row.1140 EFFLUENT PEMIT NO, NC0063932 DISCHARGE NO. FACILITY NAME WHITE FOREST CLASS OPERATOR IN RESPONSIBLE CHARGE (ORC) Perry Smith CERTIFIED LABORATORIES (1) Aauasource. Inc. CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIV, OF ENVIRONMENTAL MANAGEMENT DEHNR P.O. BOX 29535 RALEIGH, NC 27626-0535 HRS ORC On Site?' Y!N 60050.000 10.00 1 0 MONTH December YEAR 2001 COUNTY Mecklenburg GRADE 11 PHONE 704-788-9497 (2) PERSON(S) COLLECTING SAMPLES Operators ,.- / ,- X -;:/'7.1.4 (SIGNATURE OF ORATOR IN RESPONSIBLE CHARGE) BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE, 400.00 i 50060,0 310 0 610.0 5300. 316160 j 300.0 600 0 6t5:0 95.0 , MG 0 0C UNITS mg/L 0 0 0-) E21 0 rngiL c a) 0 Ee E mg/L (T1g/L mg/L 01 mg/L (11 01 0 0 a, •••- 0 mg/L uhoms 21 31 1055 4 11:00 ;015 ylaki,0100.1;44_ v 1 14.00 7,20 1 1.0 ,1t 2.0I4_0,11 16.51 42.01 8.0 0:30 61 10:00 7 12:00 0:05 Y 0:::101y 0:15, 14:-.00 1 14.00 ;113.00 1,1 .1111,1ERT %OP 0 1 5 1121 6:20 Q•97 1141 11:05 17 131 9:35 19 120 21 y aG3 0.001 13.00 7.101 1.0 411.6400.44741"1. 13,00 3.0 . 2 "461.0 ) 7 6 .55 9:44 10:05 ti15.1y •-• 1,1040 y z1.111604. I 221 23 1241 1005 ".0, 25 r.tolia4; 25 29 301 31, 10:00 .1.034 9:35 44c , AVERAGE MINIMUM Comp.:4G)pp' Monthly Limit Daily limit/Summer !Daily limitNVinter 1 13.00 54.001:4-44t k 13.00 Via00 1 1.00 ,.'",I.Mittgibt4i..41153,01,2#8[4:400.004,„ 0 0.001 0.001 10.00 10.00 9.00 AtAW 1.1. 1.0 1.3 %WM 12.00 1.1 3-5 3.4 0.001 8.00 7.10 1 1.0 1 2.0 0.017 30.0 45.0 45.0 55 0,3 t*, 64.7 20.81 , t ;0!!,04;44. AkSiftk:141401..: ' •Pt:f.; .„ 0.4 731PC kiwi- 7,4 4' ' Ar,;,110144,Pcgt,,,A4411WA444,, 16.0 „ s',V;i4i*Mogf, '4401 8%.1!*-41ititg eilng 0.2 29.8 .6 7.6 15i*' OA 12.0 2.0 7.4 0.0 5545445 30.0 200.01 45.0 400.01 45.0_ 400.01 T374744 ' '4;t1 444 lit#4' Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements ,„ Noncompliant If the facility is noncomptiant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. I certify, under penalty of law, that this document and all attachments were prepared under my directions or supervision in accordance with a system designed to assure that qualified personnel properly gather the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and compleate. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Kevin Curl. Perrnittee (Pleaseprint pc -type) Signature of Perrnittee- 107 Commercial Park Drive, Concord, NC 28027 704-788-9497 Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 60D5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total igeldhal Nitrogen 00630 Nitrates/ Nitrifies 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride Phone Number PARAMETER CODES 00951 Total Fluoride 01002 Total Arsenic 01027 Cadmium 01092 Zinc 01105 Aluminum 01032 Hexavalent Chromium 01147 Total Selenium 01034 Chromium 31616 Fecal Coliforrn 01037 Total Cobalt 32730 Total Phenolics 01042 Copper 34235 Benzene 01045 Iron 34481 Toluene 01051 Lead 38260 MBAS 01067 Nickel 39516 PCBs 01077 Silver 50050 Flow Date r-tt nMrter Parameter code assistance may be obtained by calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534 50060 Total Chlori ne 71880 Forma Me rcu 81551 Xylene ORC, must visit facilitY and documentwisitation of facilitras required per 15A NCAC 8A .0202 (b) (5) (B). " The monthly average for fecal coliform is to be:rePorted:es- -a-GEOMETRIC mean, Use only units designated in the reporting facility's perrnit for reporting data. If Signed by other than the permittee, delegation -of signatorrauthority rnust be on file with the state per 15A NCAC 2B .0506 (b) (2) (D). OLC Form-2 1/21/DO Permit NCOO6393 A. (1..) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS BOD, 5-day (202C) Total Suspended Residue NH3 as N (April 1 — October 31) NH3 as N (November 1 — March 31) Dissolved Oxygen Monthly Average 0.017 MGD 30.0 mg/L 30,0 ma/L 9,0 mg/L Fecal Coiiform (geometric mean) 1 200/100 ml Total Residual Chlorine LIMITS Weekly Average Daily Maximum 45.0 mg/L 45.0 mg/L 400/100 ml MONITORING REQUIREMENTS Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly Sample Type Instantaneous Grab Grab Grab Grab Grab Weekly ! Grab 2/Week Daily Weekly Weekly Grab Grab Grab Grab Sample Locations Influent or Effluent ffluent Effluent Effluent Effluent Effluent, Upstream & Downstream Effluent, Upstream & Downstream Effluent Effluent Upstream & Downstream Effluent Footnotes: 1. Upstream: 100 feet from discharge point; Downstream: 100 feet from discharge point. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Fast Track VVorksheet Case NUMber Facility Name Permit Number Previous Case in the Last two years LV 02 145 White Forest WVVTP NC0063932 No Statutory Maxirnun per violation Number of Assessments for previous 6 DMRs 0 0 0 3 0 0 05 too $10,000 Total Assessment Factor = 1.00 Exit Number Number Violations Assessed 2 2 Total Penalty/ Assessment ParameterViolation Violation Factor Total Penalty TSR Weekly av daily max $250 Grand Total Penalty Percent of the Maximum Penalty Authorized by G.S. 143-215.6A. Comments $500.00 $500.00 2.50 Review month = December 2001 Prepared by Richard Bridgeman AquaS©urce A DQECompany June 14, 2002 6960 Professional Parkway East Suite 400 Sarasota, Florida 34240 Richard Bridgeman Division of Water Quality Department of Environment & Natural Resources 919 North Main Street Mooresville, NC 28115 Re: Notice of Violation Compliance Evaluation Inspection White Forest WWTP NPDES Permit No. NC0063932 Mecklenburg County, NC Dear Mr. Bridgeman: 941-907-7400 941-907-7441 (fax) JUN 1 7 2CO2 (C OEPT c- ENVZ APO NA nitzt i. REftifit On behalf of our client, Mr. Gene Mullis, this correspondence is herein submitted to address issues noted during the Compliance Evaluation Inspection conducted at the above referenced facility on April 26, 2002, report date of May 30, 2002. As requested this response will address issues noted under the Permit, Self -Monitoring Program, and Effluent/Receiving Waters headings of the report. Permit: As the contract operator for White Forest, we have not been involved in the Engineering Alternative Analysis nor the Flood Plain Analysis. As such, we can offer no other comment on these subjects and must defer to our client. Effluent Receiving Waters: ORC, Mr, Perry Smith, has removed the riprap that was placed over the outfall line by NCDOT and has identified the exact location of discharge. Self -Monitoring Program: The results of pH analysis for the week of November 18, 2001 were inadvertently omitted from the respective DMR during the transposition of data from field log to the report. A revised DMR including this pH value will be submitted. Vlog 2. TRC values (twice/week) for the week of November 11, 2001 were on the field but one of the values had been overlooked. A revised DMR including this second TRC value will be submitted. The second of two TRC values analyzed for the week of April 29,2002, was performed. However since April ended and May began during the same week, the second value was not included on either DMR. A revised DMR for the month of May will be submitted including the overlooked second TRC value. The ORC and the Owner advise that the TSS exceedances during December 2001 were due to elevated flows at the WWTP during a period of inclement weather, Run-off from heavy rains entered the collection system through a broken sewer line. This action hydraulically overloaded the WWTP causing turbulence in the sludge blanket thus resulting in reduced settling time and a discharge of solid laden water. As told by the Owner, the damage to the collection system occurred during the boring of the road by CMUD during the installation of a water main and has been repaired. The Owner has advised us that he is in direct communication with your office regarding the civil penalty. 4. The effluent samples during April, June, July, August and October 2001, and January 2002 were properly seeded and analyzed. Analysis was performed at multiple dilutions including full strength (298m1 of sample = 2 ml of seed). The seed depleted as expected indicating proper analytical methods but the sample itself contained very little BOD and could not deplete any further. These results were reported as less than values (<) on the DMR. 5. Preservatives are always present in sample bottles prior to leaving the laboratory. Once in the field, variables that could result in loss of preservative include: overfilling of sample bottle, rinsing bottle prior to taking sample etc... Upon receipt of the NH3N-N sample for January 22,2002, lab personnel recognized the sample required further pH adjustment and took such action prior to holding for subsequent analysis. The chain of custody reflects the sample was received within the required holding time. Proper sampling procedures will be reviewed with the staff. 6. Fecal coliform result for February 28, 2002 was intentionally listed as 6.25 co1/100m1. It is our understanding and interpretation of the Laboratory Certification Committee's position that this is an acceptable way to report results. To assist in our understanding of the requirements, we respectfully request additional reference to regulations that may clarify these types of reporting issues. DMR's for May and November 2001, were mistakenly marked compliant. This was not intentional and was the result of the oversights herein referenced in this correspondence. We trust this response is sufficient, however should you have any questions or need additional information please do not hesitate to contact me directly or you may contact Dustin Metreyeon, Project Manager, in our Concord office at 704-788-9497. Sincerely, Carolyn McFalls Regional Compliance Supervisor AquaSource CC: Rusty Rommelle, MCWQP, 700 N. Tryon St. Suite 205, Charlotte, NC 28202 H. E. Mullis, White Forest Trust, 6116 Honeysuckle Lane, Charlotte, NC 28212 Glenn LaBrecque, AquaSource Dustin Metreyeon, AquaSource Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality May 30, 2002 CERTIFIED MAIL CM # 7001 2510 0005 0287 7845 RETURN RECEIPT REQUESTED Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 SUBJECT: NOTICE OF VIOLATION Compliance Evaluation Inspection White Forest WWTP NPDES Permit. No. NC0063932 Mecklenburg County, NC Dear Mr. Mullis: On April 26, 2002, Mr. D. Will Autry of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation (NOV) because of violations of the subject permit and North Carolina General Statute (G.S.) 143-215.1, as detailed under the Permit and Self -Monitoring Program headings. It is requested that a written response be submitted to this Office by no later than June 17, 2002, addressing the violations and/or deficiencies noted under the Permit, Self -Monitoring Program, Effluent/Receiving Waters, and Operations & Maintenance headings of the Report. Please direct your response to Mr. Richard Bridgeman of this Office. Additionally, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon St, Suite 205, Charlotte, NC 28202. Customer Service 1 800 623-7748 Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 Mr. H. E. Mullis Page Two May 30, 2002 If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office, Enclosure Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Rusty Rozzelle, MCDEP Gary Sherwood, AquaSource Utilities, Inc. DWA FILE: WQ 0063932.402 Transaction N US Environmental Protection Agency, Washington, D.C., 20460 Water Compliance Inspection Report NC Division of Water Quality / Mooresville Regional Office NCDENR Code 5 NPDES No. NC0063932 A:°NationalDa Yr/Mo/Day 02/04/26 iy oding AA Inspection Type Inspector Remarks: Inspector: Mecklenburg County Water Duality Inspection Work Days Facility Evaluation Rating 0.5 2 BI N QA N Form Approved. OMB No.2040-0057 Approval Expires 8-31-98 Facility Type Section JOs .Facility. Name and Location of Facility Inspected: White Forest WWTP 8033 Hood Rd. Mecklenburg County, NC Name(s) of On -Site Representative(s)/Titie(s)/Phone No(s)/Fax No(s): a Entry Time: 10:50 am April 26, 2002 Permit Effective Date: January 1, 2001 Exit Time/Date: 1 1:40 am April 26, 2002 Perry L. Smith / Operator in Responsible Charge. (ORC) / AquaSource Utilities, Inc. (704) 788-9497 Kevin Curl / Field Coordinator / AquaSource Utilities, Inc. (704) 788-9497 Dusty Metreyeon / Project Manager / AquaSource Utilities, Inc. (704) 788-9497 Name and Address of Responsible Official: Mr. H. E. Mullis White Forest WWT Trust 6116 Honeysuckle Lane Charlotte, NC 28212 1 Permit 1 Records/Reports 1 Facility Site Review 1 Effluent/Receiving Waters S Areas,evaluated During 1 Flow Measurement 1 Self -Monitoring Program Compliance Schedules 1 Laboratory Title: Owner Phone No: (704) 904-0178 spectiott ( 6i+e k only thus 1 Operations & Maintenance 1 Sludge Handling/Disposal Pretreatment Storm Water areas:e uated) Permit Expiration Date: November 30, 2003 Contacted? Yes Sewer Overflow Pollution Prevention Multimedia Other: See Attached Sheet(s) for Summary. All areas rated satisfactory unless otherwise noted. Name(s) and Sign e(s) of Inspectors: D. Will Autry Signature of Management QA Reviewer: Agency/Office/Telephone No: MCWQP / (704) 336-5500 Agency/Office/Phone & Fax No: Date: May 16, 2002 Date: Date: EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete GENERAL: The facility was last inspected by MCDEP on May 1, 2001. A Compliance Evaluation Inspection Report/Notice of Violation was issued on May 23, 2001. PERMIT: The current permit became effective on January 1, 2001, and expires on November 30, 2003. The existing 0.017 MGD facility is a package extended aeration wastewater treatment plant with bar screen, aeration basin, rectangular clarifier, aerobic digester, effluent tablet chlorination, and chlorine contact tank. As a result of the permit modification dated August 15, 2001, the individual residential septic tanks are no longer listed as part of the wastewater treatment facility description. The aforementioned permit modification letter, dated August 15, 2001, noted that the Division had still not received two analyses required by the permit. An Engineering Alternatives Analysis (EAA) was due to the division by June 30, 2001, and a Flood Plain Analysis was due by April 1, 2001, according to the permit. The permit modification letter issued a new deadline of September 17, 2001 for both of these items. The failure to submit these documents by September 17, 2001 constitutes two violations of the permit. The Operator -in -Responsible Charge (ORC) maintains a North Carolina Operators Certification Grade II, which is acceptable for the class of the facility. RATING: Unsatisfactory, relative to failure to submit required analyses. RECORDS/REPORTS: Discharge Monitoring Reports (DMR's) were reviewed for the period April 2001 through February 2002. There were some problems noted that will be addressed under the Self - Monitoring Program heading. Records relative to self -monitoring, and instrument calibration are available upon request. Visitation, maintenance, and process control records are kept in an on -site logbook. FACILITY SITE REVIEW: All of the existing components of the facility were in service and appeared to be operating properly at the time of the inspection, except for Blower #1. The necessary check valve was on order and expected to be installed soon. FLOW MEASUREMENT: The ORC estimates the flow based on effluent head at the v-notch weir. He is presently using a yardstick to take this measurement. It is recommended that a permanently fixed staff gauge be installed to ensure a more accurate reading. LABORATORY: Analysis of effluent samples is performed by Precise Analytical, Inc., which is certified by the State of North Carolina to perform analysis on all parameters specified in the permit. Precise Analytical, Inc. was not evaluated during this inspection. EFFLUENT/RECEIVING WATERS: The facility discharges to Reedy Creek, which is a Class C water in the Yadkin -Pee Dee River Basin. There did not appear to be any negative impacts on the receiving stream at the time of the inspection; however, the effluent was unable to be clearly viewed because the outfall had been buried in riprap due to some construction. It was requested that the ORC locate the outfall and ensure that it was easily accessible. RATING: Unsatisfactory SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMR's) were reviewed for the period April 2001 through February 2002. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits at the times of monitoring during the review period, except for the following: 2. Effluent pH was not reported on a weekly basis for the week of November 18, 2001, in violation of permit weekly monitoring requirement. This constitutes one (1) failure to monitor effluent pH. Effluent Total Residual Chlorine (TRC) was not reported on a twice -weekly basis for the weeks of November 11, 2001 and April 29, 2001, in violation of permit twice - weekly monitoring requirement. This constitutes two (2) failures to monitor effluent Total Residual Chlorine (TRC). Two (2) Total Suspended Solids (TSS) exceedances in violation of the monthly average permit effluent limit were noted. These occurred during December 2001. A civil penalty assessment (LV 02-145) dated May 14, 2002 included these two violations. The case is still open. 4. Eight (8) samples analyzed for Biochemical Oxygen Demand (BOD) did not meet the required 2.0 mg/L depletion. These occurred in April, June, July, August, and October 2001, and January 2002. SELF -MONITORING PROGRAM: (Continued) 5. One Ammonia -Nitrogen (NH3-N) sample is noted as being preserved to a pH of less than 2 s.u. in the lab rather than in the field. This could result in a faulty result if preservation did not occur within 24 hours of sample collection. This occurred on January 22, 2002. 6. One (1) Downstream Fecal Coliform result was listed as 6.25 col/100mL on February 28, 2002. This parameter should be reported in whole units. Under Facility Status on the reverse of the DMR's for May and November 2001, the Compliant boxes are checked, even though there were failure to monitor violations during each of these months. The failures to properly identify noncompliant on the DMR form constitute violations. The permit denotes the upstream sampling location as 100 feet above discharge, and downstream location as 100 feet below the discharge. Permittee should ensure that samples are being collected at these locations, or permit should be changed to reflect actual sampling locations. RATING: Unsatisfactory OPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained, except for minor sludge accumulation on some pipes and the bar screen. The current operating strategy for the facility appears acceptable for its size and type. RATING: Marginal SLUDGE HANDLING/DISPOSAL: The aerobic digester is nearly empty. The ORC was unaware of the last need to waste solids from the facility. If necessary, Piedmont Septic Service of Rowan County would be the contractor used for this procedure. SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES permit, and North. Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 919-733-3300, 800-662-7956, or 800- SEWER OVERFLOW: (Continued) 858-0368. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation.