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HomeMy WebLinkAboutNC0022454_Regional Office Physical File Scan Up To 2/4/2021DocuSign Envelope ID: DA6F2951-9887-4EEA-8CI %D56162F69F ItOY�Cflt?R�ft° !#0''Ii�l 0r NnCHP►Ei.,S,REGA3�[' Secret�7` _ �ift'�t01'' Sherry Wilson Midway Medical Center P A 6750 Carolina Blvd Clyde, NC 28721 July 16, 2019 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2019-LV-0490 Permit No. NC0022454 Midway Medical Center WWTP Haywood County Dear Permittee: A review of the May 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: V— —, Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 5/29/2019 400 600 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. North Celo&oa Dep$ttta�nYof £�a?taaasn e�ais3Qsaa3�} I .��. " n of t�de3ea Res�sias� s tX h?uita Re am {!# 61 1 2Q9,gU.Z _:70 }�� �,1-siannanga, Noxth:Cam1 T78 a�n S'28-29E�50D. ' DocuSign Envelope ID: DA6F2951-9887-4EEA-81 DAD56162F69F If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, DocuSigned by: 7E617A36265648C... G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ EC: DWQ Laserfiche WQS Asheville Regional Office - Enforcement File G:\WR\WQ\Haywood\Wastewater\Minors\Midway Medical Center 22454\Violations\20190716_N00022454_NOV20191V0490.rtf Wa ter Resvt4rces LNVIRONN.LNTAL GUALITY April 15, 2016 Dr. Nancy R. Freeman Midway Medical Center 6750 Carolina Blvd Clyde, NC 28721 PAT MCCRORY Guru / w• DONALD R. VAN DER VAART ser,rkn r S. JAY ZIMMERMAN Subject: Issuance of NPDES Permit NCO022454 Midway Medical Center WWTP Haywood County Class WW-2 Dear Dr. Freeman: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached-NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes one major change from the draft permit sent to you on January 13, 2016: Effective December 21, 2016, all permittees must report discharge monitoring data electronically using the Division's Electronic Discharge Monitoring Report (eDMR) internet application [see Part I A. (2) of this permit for details]. .If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such`demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob*dge at telephone number (919) 807-6398. cc: NPDES Unit iL >P._u Division of Water Resources MAY 1 1 2016 ,.ter MaW Regional Operations A,,heville Rogional Of(irem� Jay Zimmerman, Di or vision of Water Resources State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https:lldeq. ne. govlaboutldivisionslwater-resourceslwater-resources-permitslwastewater-branchlnpdes-wastewater-permits Permit NCO022454 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Midway Medical Center, P.A. is hereby authorized to discharge wastewater from a facility located at 6750 Carolina Boulevard Clyde Haywood County to receiving waters designated as Sally Haynes Branch in subbasin 04-03-05 of the French Broad River basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2016. This'permit and authorization to discharge shall expire at midnight on January 31, 2021. Signed this day April 15, 2016. S y Zimmerman, P.G., Direc Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 5 Permit NCO022454 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Midway Medical Center, P.A. is hereby authorized to: 1. Continue to operate an existing 0.005 MGD extended aeration wastewater treatment facility that includes the following components: ♦ Aeration chamber with diffused air ♦ Clarification with return sludge ♦ Chlorine disinfection ♦ Chlorine contact chamber ♦ Dechlorination equipment The facility is located at Midway Medical Center (6750 Carolina Blvd, Clyde) in Haywood County. 2. Discharge from said treatment works at the location specified on the attached map into Sally Haynes Branch, currently classified C waters in hydrologic unit 06010106 of the French Broad River Basin. Page 2 of 5 Permit NCO022454 .Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges -shall be limited and monitored' by the Permittee as specified below: PARAMETER, j - Liml#."s. ;Montoring`Requirernents) [PC$ticode' ], F - i Monthly Average Daily Maximum;; Measurement; ,Sample Type Sam le P Fre uenc :_ catigni Flow 50050 0.005 MGD Weekly Instantaneous Influent or 5 day (20°C) Effluent ODY 310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Solids 0530 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1—October 31) C0610 6.0 mg/L 30.0 mg/L 2/Month Grab Effluent N (November 1—March 31) [C0NH3 1 C0610 12.0 mg/L 35.0 mg1L 2/Month Grab Effluent Fecal oliform (geometric mean) 31616 2001100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine (TRC)z 50060 28 pg/L 2/Week Grab. Effluent Temperature (°C) [000101 Weekly Grab Effluent pH 00400 > 6.0 and < 9.0 standard units — — Weekly Grab Effluent Footnotes: 1. No later than December 21, 2016, the permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2)]. 2. The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 µg/L will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. Page 3 of 6 Permit NCO022454 NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes Section D (2) and Section E. (5) (a)l Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the Households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. Page 4 of 6 Permit NCO022454 The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http: / /www2.epa.gov/compliance/final-national-pollutant discharge elimination system np des -electronic -reporting -rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. Tow to Request a Waiver from Electronic Retorting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic, reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / / deg.nc.gov/ ab out / divisions / water -resources / edmr Page 5 of 6 Permit NC0022454 4. minatory Requirements [Supplements Section B (11) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining' an eDMR user account, please visit -the following web page: http: / /deg.nc. gov/about/divisions/ water -resources / edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment.. for knowing violations. " 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at anytime [40 CFR 122.41]. Page 6 of 6 Ce CD -TR'6 CI Outfall 001 R of (? 40 Latitude: e3:5823T5O2O'5? 4' ... . NCO022454Longitud USGS Quad: 'Clyde, N.C. Stream Midwa Medical Center y Class: C Subbasin: 04-03-05 Haywood County Receiving Stream: Sally Haynes Branch Hydrologic Unit: 06010106 Facility Location Map not to -scale NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment.system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling. Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 1110912011.1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011.1 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a pen -nit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a pen -nit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 1I penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part H.C.4), "Upsets" (Part H.C.S) and 'Power Failures" (Part H.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011.1 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any infonnation which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Du,Dgt_y to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. It. Signatory Requirements All applications, reports, or information submitted,to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity; such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted.to the Permit Issuing Authority [40 CFR 122.22] Version 1110912011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of theperson orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 8of18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the eause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. e. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and,the approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 1110912011.1 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability.of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011.1 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reportin1l Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 1110912011.1 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.IC). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has'occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011.1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 1110912011.1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Teens not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment,Standards as defined by 40 CFR 403.3(1)-, [15A NCAC 02H .0903(b)(10), .0905, and .090.6(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1,. the Permittee shall issue to all Significant industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatinent works These permits shall contain limitations;, sampling protocols, reporting requirements; appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control "technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted. IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5,, 403.8(f)(1)(iii) NCGS 143-215.67(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance. of an AtC, :the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215..1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of'nformation supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant industrial Users (SIUs) at least once per calendar year; b. Sample all Significant industrial Users (SlUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under' 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoringand nd Reporting. The Permittee, shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440);(2) and 40 CFR 403.12]. 9. Enforcement Response. Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et-seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment. requirements. All remedies, enforcement actions and other, shall be consistent with_ the Enforcement Response Plan (ERP) approved by .the Division. [15A NCAC 02H .0903(b)(7), 0906(b)(8) and .0905; 40 CFR 403.8(f)('5)] 10. Pretreatment Annual Reports (PAR) The: Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC O2H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues.. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011.1 NP'DES' Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources 1 Water Quality Permitting ;Section Pretreatment, Emergency ,Response; and Collection Systems (PERCS) Unit. 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following:. a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance withpretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the. Division; c. Significant Non -Compliance Report (SNCR) ' A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on :forms or in a format provided by the Division;, d. Tndustrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e_ Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules; public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for JUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (JUs) that were in significant noncompliance (SNC) as defined in the Perm ttee's Division -approved 'Sewer Use Ordinance withapplicable pretreatment requirements and standards during the previous twelve month period. This list shallbe published within four months of the applicable twelve-month period. j15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimumof three years records of monitoring activities and results, along with. support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved. pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant. Industrial Users (S1Us), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0'114 and 15A NCAC 02H .0907. Version 1110912011, I t . M10 James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 RECEIVEDIDENRIDWR April 29, 2015 MAY 5 2015 Y11ater QuallitY n permitiin9 N. C. Department of Environment and Natural Resources Division of Water Quality/NTPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James Environmental Mgt., Inc To Whom It May Concern: This letter is to request the renewal of the permit for the Waste water treatment facility of Midway Medical Center WWTP, NPDES number NC0022454. Sincerely Juanita James James and James Environmental Mgt., Inc. jjemi@bellsouth.net Division i water RJieso rces M AY 1 d 2015 Water Quailty Regional operations Asheville Regional Oilic_e _. NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh-, NC 2769971617 NPDES Permit CO022454 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Maiing Address City State / Zip Code Telephone Number Fax Number Midway Medical Center . , Midway Medical Center. 6750 Carolina Boulevard RECEIVED! )ENFdDVM Clyde i9C 28721 MAY 5 2015 828-627-2211 hater 0ualifil 828-627-2216 Permitting Section e-mail Address .] jaU U:,C .r ►1r+ t' s C Cl'ry 2. Location of facility producing discharge: Check here if same address as above. X Street Address or State Road City State / Zip Code County Haywood 3. Operator Information: Name of the form, public organization or other entity that operates the facility. (Note that this is not referring to the.Operator in Responsible Charge or ORC) Name Midway Medical Center Mailing Address 6750 .Carolina Boulevard City Clyde -------- State /Zip Code NC 28721 Division'of wat®r Resources s Telephone Number 828-627.2211 _ Fax Number 828-627-2216 MAY i e-mail Address s S v �.� : wr.__ C:. f' Cnn _ n�� nna�-nr eratlons r�gionat Oii1 1111 � 1 of 3 Form-D 11112 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check.alI that apply): Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School -Number of Students/ Staff Other: X Explain:` Physician's Office Describe the soui-ce(s) of wastewater (example: subdivision, mobile home .p xk, shopping centers, restaurants, etc.): Physician's Office Number -of persons served: 67Daz I LI Ct li efi aj e1 5. Type of collection system X Separate (sanitary- sewer only) F Combined (storm sewer and sanitary sewer) 6. Outfall Information: .Number of separate discharge points 1 Outfall.Identification number(s) o01 .... Is the outfall equipped with a diffu..ser? Yes X. No 7. Name of receiving streani(s) (ATEW applicants: Provide a map showing the exact location of each outfall): Sally Haynes Branch 8, Frequency of Discharge: X Continuous _ ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities, provide design.. removal for BOD,. TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. M05 MGD facility with aeration chamber with diffused air, clarification with return sludge, chlorine disinfection, chlorine contact chamber, dechlorination. 2 of 3 Form-011I12 NPDES .APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.005 MGD Annual Average daily flow. 0.0006 MGD, (for. the previous 3 years) RECEIVENDENR/DWR Maximum daily flow 0.003 MGD (fox the previous 3 years) MAY 5 2015 11. Is this facility located on Indian country? Water Quality 0 Yes X No Permitting Section - 12. Effluent Data NEW APPLICANTS: Provide data for. the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shaII ve used. if more than one:analysis is reported, : report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly.Average over ,._r "ormif Mnrk tether narameters "NIA". bne us6 ou ,Luz .uw 1 - ....., ---- -....-. Parameter --- - ---.- - -- Daily ` Maximum Monthly Average - . . Units of Measurement . Biochemical Oxygen Demand (BODs) 22,3 12.8 MG/L Fecal Coli%rm 260 3.5 CFU/ 100ML Total Suspended Solids 33.3 14.9 MG/L Temperature (Summer) 22.6 2 ] .7 C Temperature (Winter) 10.5 5.6 C.. PH - . 7.7 7.6. UNITS 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) .: NESHAPS (CAA) :. . UIC (SDWA) Ocean Dumping (MPRSA) NPDES NCO022454 Dredge or fill (Section 404 or -CWA) PSD (CAA) Other Non -attainment program (CAA) 14. APPLICANT CERTIFICATION I, certify that I am familiar with the information contained in the application and that to the best of my: knowledge and belief such information is true, complete, and accurate. a r Printed name o Person Signing Title Signature of Applidant Date v North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation,. or certification in any application, record, report, plan, or other- document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording -or monitoring device or method required to be operated or maintained under Article 21. or. regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,ODD or imprisonment not more than 5 years, or both, fora similar offense.) 3 of 3 Form-D 1111112 James & James Environmental Management, Inc. 3801 Asbeville Hmy., Hendersonville, N. C. 281791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 April 29, 2015 N. C. Department of Environment and Natural Resources Division of Water QualilyiNPDES Unit. 1617 Mail Sen,ice Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & Tames Environmental Mgt., Inc. To Whom It May Concem: Sludge from this facility ( Nlid«-ay Medical Center WWTP NC0022454) is pumped by 1•4ike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely Juanita Is James and James Environmental Mgt., Inc. j j emi!a:belIsouth. net Certified Mail # 7015 1520 0003 5463 4590 1. Return Receipt Requested April 20, 2017 Sherry Wilson Midway Medical Center P A 6750 Carolina Blvd Clyde, NC 28721 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0256 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Permittee: A review of the February 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): l Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 2/14/2017 45 53 Daily Maximum Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. a State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, G. Laridon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ,Cc: WQ=S=Asheville=Regional:iOfF:ee_Enforcement-File NPDES Compliance/Enforcement Unit - Enforcement File James & James Environmental/ ORC G:\WR\WQ\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2017-LV-0256.rtf Certified Pail # 7016 1370 0001 65718744 Return Receipt Requested July 5, 2017 Sherry Wilson Midway Medical Center P A 6750 Carolina Blvd Clyde, NC 28721 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2017-LV-0475 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Permittee: A review of the May 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Coliform, Fecal MF, MFC Broth, 5/24/2017 400 600 Daily Maximum Exceeded 44.5 C (31616) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If you have any questions concerning this matter, please contact Janet Cantwell of the Asheville Regional Office at 828-296-4500. Sincerely, Gv/ G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ c: �S�Asneuriie,jKegiomait.urrrc crinorcement,riie NPDES Compliance/Enforcement Uni� t for'icefi ent-File G:\WR\WQ\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2017-LV-0475.rtf State of North Carolina I Environmental Quality I Water Resources 2090 U.S. 70 Highway, Swannanoa, NC 28778 828-296-4500 / NCDENR, North Carolina Department of Enviror%`ertit:san°dfatarlf3es,rees{i�� Division of WaterlQuality Beverly Eaves Perdue Coleen H. Sullins, DE01'reeman Governor Director n 0 '!Secretary Mr. Jan W. Grove Midway Medical Center _. . . P.O. Box 1409 Canton, N.C. 28716-1409 Dear Mr. Grove: January 14, 2011 JaN 24 2011 � - � •: WATER QUALITY -SECTION :HEVILLE (REGIONAL OFFICF 3suance of NPbS`Perinit iviiaway iviearcar Haywood County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This final permit includes no changes from the draft permit sent to you on November 24, 2010. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 807-6391. Sincerely, r— �Coleen H. Sullins cc: Central Files 's'he}vllerRegfonal=Off c"e`/Surface WateraProty� eet o NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 1�TOne 1 512 North Salisbury Street, Raleigh, North Carolina 27604 1 � OI thCarolina ' Phone: 919 807-6300 /FAX 919 807-6495 / http://portal.ncdenr.org/web/wq Nationally, An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Permit NCO022454 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Midway Medical Center, P.A. is hereby authorized to discharge wastewater from a facility located at 6750 Carolina Boulevard Clyde Haywood County to receiving waters designated as Sally Haynes Branch in subbasin 04-03-05 of the French Broad River basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2011. This permit and authorization to discharge shall expire at midnight on January 31, 2016. Signed this day January 14, 2011 Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission 13 Permit NC0022454 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises -under the permit conditions, requirements, terms, and provisions included herein. Midway Medical Center, P.A. is hereby authorized to: 1. Continue to operate an existing 0.005 MGD extended aeration wastewater treatment facility that includes the following components: ♦ Aeration chamber with diffused air ♦ Clarification with return sludge ♦ Chlorine disinfection ♦ Chlorine contact chamber ♦ Dechlorination equipment The facility is located at Midway Medical Center (6750 Carolina Blvd, Clyde) in Haywood County. 2. Discharge from said treatment works at the location specified on the attached map into Sally Haynes Branch, currently classified C waters in hydrologic unit 06010106 of the French Broad River Basin. e Zz. PW R R. 6 t V, sip a _j CD J41 On" P Outfall 001 igg r�.F Zer, 40 1. Latitude:: Longitude: 82'52'54" NCO022454 USGS Quad: Clyde, N.C. Midway Medical Center Stream Class: C Subbasin: 04-03-05 Haywood County, Receiving Stream: Sally Haynes Branch Hydrologic Unit: 06010106 Facility Location Map not to scale Permit NCO022454 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of the permit and lasting until -expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored. by the Permittee as specified below: PARAMETER Limits Monitoring Requirements [PCS code] Monthly Average Daily Maximum Measurement Sample Type Sample Frequency Location Flow 0.005 MGD Weekly Instantaneous Influent or [500501 Effluent BOD, 5 day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0530 NH3 as N (April 1 = October31) 6.0 mg/L 30.0 my/L 2/Mo6th Grab Effluent C0610 NH3 as N (November 1- March 31) 12.0 mg/L 35.0 mg/L 2/Month Grab Effluent C0610 Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 31616 Total Residual Chlorine (TRC)' 28pg/L 2/Week Grab Effluent 50060 Temperature (°C) Weekly Grab Effluent 00010 pH > 6.0 and < 9.0 standard units Weekly Grab, Effluent 00400 Footnotes: 1. The facility shall report all effluent TRC values reported- by a NC certified laboratory including field certified. However, effluent values below 50 µgIL will be treated as zero for compliance purposes. There shall be no discharge of floating solids or visible foam in other than trace amounts. 4 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may Version 1012912010 NPDES Permit Standard Conditions Page 2 of 18 only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 1012912010 NPDES Permit Standard Conditions Page 3 of 18 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal Version 1012912010 NPDES Permit Standard Conditions Page 4 of 18 penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,00q per violation may be assessed against any person who violates or fails to act in accordance with the term, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] I g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part 11. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. Version 1012912010 NPDES Permit Standard Conditions Page 5 of 18 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]• 9. Duty toR apply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any' other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Version 1012912010 NPDES Permit Standard Conditions Page 6 of 18 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certifiy, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.02011. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II,111 and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. Version 1012912010 NPDES Permit Standard Conditions Page 7 of 18 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]:An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Version 1012912010 NPDES Permit Standard Conditions Page 8 of 18 b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 21-1.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shallbe characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the Version 1012912010 NPDES Permit Standard Conditions Page 9 of 18 measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR - 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; Version 1012912010 NPDES Permit Standard Conditions Page 10 of 18 c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting, Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. Version 1012912010 NPDES Permit Standard Conditions Page 11 of 18 b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. Version 1012912010 NPDES Permit Standard Conditions Page 12 of 18 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143- 215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1012912010 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on.a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Reauirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1012912010 NPDES Permit Standard Conditioris Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part H of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j)] TntPrfPrPncp Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section S. Publicly Owned Treatment Works (POTWs) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. Version 1012912010 NPDES Permit Standard Conditions Page 15 of 18 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, including exact dates and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and Version 1012912010 NPDES Permit Standard Conditions Page 16 of 18 specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all prove ) ns and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 2H.0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (b) (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SILT. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) and .09051 Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. Pursuant to 40 CFR 403.5, local limits are enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from Version 1012912010 NPDES Permit Standard Conditions Page 17 of 1:8 all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909,0916, and .0917; 40 CFR 403.5, 403.8 (f),(1) 1(iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users, for the, construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; , NCGS 143-215.1 (a) (8)] 7. POTW, Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance., and monitoring activities as described in its Division approved pretreatment, program in order to determine, independent of information supplied by industrial users, compliance, with applicable: pretreatment standards. [15A NCAC 2H .0908(d); 40 CFR 403.8(f)(2)(v)]' The Permittee must: a. Inspect all Significant Industrial Users (SlUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SlUs) at least twice per calendar year for all permit -limited pollutants, once during,the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled at least once per calendar year.; For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 1363(a), Tables IC, ID, and IF, as amended. & JU Self Monitoring and Reporting The Permittee shall requite all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. [15A NCAC 2H .0906(b)(4) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.44(j)(2) and 40 CFR 403.12], 9. Enforcement Response Plan (ERP The Permittee, shall enforce and obtain appropriate remedies for violations of all pretreatment standards, promulgated pursuant to section 307(b), and (c) of the Clean Water Act (40: CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) .approved by the Division. [15A NCAC 2H.0906(b)(7) and .0905, 40 CFR 403.8(f),(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the. Division in accordance with 15A NCAC' 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) may be required to ,Submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR /Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems, (PERCS) Unit 1617'Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative brief ef discussion of reasons for, status of, anductions taken for all Sig nificant Industrial Users (SILT) in Significant, Non -Compliance (SNC); Version 1012912010 NPDES Permit Standard Conditions Page 18 of 18 b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by'the Division; c.) Si .ruficant Non -Compliance Report {SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms. (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU) in SNC. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the 'Division; e.) Other Information Copies of the POTW''s allocation table, new or modified enforcement compliance schedules, public notice of SlUs in SNC, and any other information, upon request, which in the opinion of the Director is needed_ to. determine compliance with the pretreatment implementation requirements of this permit; 11. Public. Notice. The Permittee shall publish annually a list of Significant Industrial Users (Sl"Us) that were in Significant Non - Compliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H .0903(b)(35), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(yiii)'] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H .0908(f); 40 CFR 403.12(o)] 13. Funding and Financial Report The Permittee shalll maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H .0906(a) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring, Plan modifications, shall be considered. a permit modification and shall be governed by 40 CFR 403.18,15 NCAC 2H .0.114 and 15A NCAC 2H .0907. Version 1012912010 0 �o JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC ,. PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2011 Midway Medical Center Ms. Jan Grove Permit Number: NCO022454 System Description An extended aeration basin with gravity flow influent into a 5,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system had one violation the entire year with regard to Fecal Coliform. The rest of the year the facility ran very well. Violations and corrective actions taken 1. July, 2011 a. Fecal Coliform i. 7/21 @ 440 colonies/100 mis 1. Due to low dosing of chlorine to accommodate the hydraulic surge when the facility shuts off, we increased the chlorine dosage slightly. This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, Juanita James James & James Environmental Management, Inc. x>� C D MAR _ 9 2012 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE PERFORMANCE ANNUAL REPORT — 2011 Midway Medical Center Permit Number: NCO022454 Ms. Jan Grove A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified of its availability. Thank you, Ms. Jan Grove Midway Medical ,Center PERFORMANCE ANNUAL REPORT — 2011 Midway Medical Center Permit Number: NCO022454 Ms. Jan Grove A copy of the Performance Annual Report has already been filed with the State of North Carolina Division of Water Quality in triplicate by James & James Environmental Management, Inc. and should be in your possession at this time. On that report, the certification was stated that I, the responsible party of this facility, has received a copy of this report and was directed to give the users knowledge of this report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management, Inc. is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that,thoseausers have been notified of its availability.. - - - - -T F< . Thank you, i.= Y t wov Midway Medical Center MAR 5 2012 Lai WATER 0U;=,L11-Y C-ECT;ON ____ASH=NIECE f?�^'nA�p,L {�ccl`•C M1 MAR -1 2012 L— _ ,— DENIR-WWER QUALITY 50 weat sylva shopping are, Sylva, NC 28779 to Hyatt Creek Rd, Waynesville, NC - Goo... Page 1 of 1 Go&oSave trees. Go green! , Download Google Maps on your ( phone atgooglexom/gmm Iron DuK rap ¢4,Rd w F y +y ae a �215 + l4r 276 Like Clyde �..� 23 19 nCant�n L: Junaluska 1g catrAtina�"� �� �; cv 7 r, � 03 ,x ,4b'ayne�wlle� t A d "M9e':+R Rd,, kk c} aze Y(HO() 4 3 °�'� `a��tW � � ��� ivk e2 ,l .,1 s xAdjd"' `"�#� t r'"a 1`"I"�rez t f gyp..t�1in' Pq. n%"� i` td3a C�tlJ6 i�ui4"+Yt; ��p"1H i R ,� y�i E.a Py tror.b."7P y 1�ipF�.*+ * `"kf`' a m�'� d � ��H '4M N"'2 s"'"a 215 '' ° ,$; (5 "€ be, Yx : http://maps.google.com/maps?f=d&source=s_d&saddr=50+weat+sylva+shopping+are,+Sy... 4/27/2011 200 Golfwatch Road, Canton, NC - Google Maps Page 1 of 1 Address 200 Golfwatch Rd Googic maps Canton, NC 28716 Get Google,Maps on your phone Text the word `GMAPS"to466453 http://maps.google.com/maps?f=q&source=s q&hl=en&geocode=&q=200+Golfwatch+R... 4/27/2011 ' - FBI L E 40 PrY A2:=�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Jan W. Grove Midway Medical Center P. A. P.O. Box 1409 Canton, North Carolina 28716-1409 Dear Ms. Grove: Division of Water Quality Charles Wakild, P.E. Director August 21, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0424 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dee Freeman Secretary A review of Midway Medical Center WWTP's monitoring report for May 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - Concentration 05/22/2012 45 mg/I 54 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranford, Regional Supervisor Surface Water Protection Section ccMlia.L,W,, As; eutfle Fifes DWQ Cen ral Files James & James Environmental/ ORC S:\SWP\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2012-LV-0424.doc Na Cf1TO11Ila OAdura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterouali�.ora 41K FAX (828)299-7043 F-1 ME CC PY A*4i NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Dear Ms. Grove: Division of Water Quality Charles Wakild, P.E. Director July 3, 2012 Subject: NOTICE OF VIOLATION NOV-2012-MV-0055 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dee Freeman Secretary A review of Midway Medical Center WWTP's monitoring report for March 2012 showed the following violation: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 03/03/2012 2 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameterwas left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincer , Chuck Cranford, Regional Supervisor Surface Water Protection Section cc�:,DWQ=Asheville`Files�~--• - �-� DWQ Central Files James & James Environmental/ ORC S:1SWP1Haywood\WastewaterWlinors\Midway Medical Center 22454\NOV-2012-MV-0055.doc No thCarolina North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwaterguality.org FAX (828)299-7043 MILE COPY A&14 r� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Dear Ms. Grove: Division of Water Quality Charles Wakild, RE, Director July 3, 2012 Subject: NOTICE OF VIOLATION NOV-2012-MV-0054 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dee Freeman Secretary A review of Midway Medical Center WWTP's monitoring report for February 2012 showed the following violation: Parameter Date Measuring Frequency Violation Chlorine, Total Residual 02/04/2012 2 X week Failure to Monitor It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cranf rd, Regional Supervisor Surface Water Protection Section Asheville Files=-- DWQ Central Files James & James Environmental/ ORC S:\SWP\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2012-MV-0054.doc ne NorthCacolina Ivatura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.newaterguality.org FAX (828)299-7043 Facility information NPDES permit #: Facility name: WWTP class: WWTP type: WWTP location: Responsible official: Responsible 'i 7s title: Mailing address: Phone numbers 828-627-2211 828-627-2216 828-697-0063 828-697-0065 828-674-8169 828-674-8171 Operator information Contract ORC : Mailing address: Permit information Date issued: Expiration date: Stream information Stream & river basin: Sub -basin: Stream classification: Instream Waste Conc.: Summer 7Q10 cfs: Other information Directions: NC0022454 Haywood County Midway Medical Center - Canton 11 0.005 MGD extended aeration WWTP consisting of an aeration basin with diffused air; clarifier with return sludge; chlorination; chlorine contact chamber; and dechlorination 6750 Carolina Blvd.; Clyde, NC 28721 Jan W. Grove Medical Administrator PO Box 1409; Canton, NC 28716 4#mS to ryV j S Jan - fax James & James Env. Mgmt.-ORC contractor & lab " -fax Harry — cell Juanita - cell James & James Env. Mgmt.-ORC contractor & lab 3801 Asheville Hwy.; Hendersonville, NC 28791 1-1-2006 1-31-2011 Sally Haynes Branch; French Broad River Basin 04-03-05 Quad: Grid: E 7 SW C Drainage area sq mi: Average stream flow: Winter 7Q10 cfs: This facility is located to the south of US Hwy 19/23, between Canton & Clyde, at 6750 Carolina Blvd., off a private drive beside the Med. Center. Page 1 of: , r Dim is to Waitsel Way 4TM 30.4 mi --about 38 mins m Maps `' Save trees. Go greens )son your Igmm>Q ile://C:\Documents and Settings\JCantwell\Local Settings\Temp\6CXYUAC8.htm 9/17/200: V A?'/—Z--V Page 1 of Dire( Is to Waitsel Way 30.4 mi — about 38 mins Map "" . Save trees. Go green! Download Google Maps on your phone at googlexom/gmm >4� 2090 US 70 Hwy Swannanoa, NC 28778 ot/c% o�o"� 5 1. Head west on US-70 toward NC-2727/Whitson Ave go 0.8 mi About 1 min total 0.8 mi +� 2. Turn left at NC-2740/Patton Cove Rd go 0,.3 mi About mins n u . , ` . ;—total 1..2 mi + 3. Turn right onto the ramp to Asheville go 0.2 mi total 1.4 mi 4. Merge,onto l 40 W v go 20.9 mi. About 22 mins: total 22.3 mi 5. Take. exit 37 toward E Canton go 0.2 mi total 22.6 mi Or 6. Turn left at Georges Branch Rd/NC-1200/Wiggins Rd (signs for E Canton) go 0.1 mi Continue to follow, Georges Branch Rd total 22.7 mi + 7. Turn right at US-19/US-23 go 4.9 mi About 7 mins total 27.5 mi $ 8. Turn right at Church St/Park St/US-,19/US 23 go 2.6 mi Continue to follow US7,49/US,23 total3o.1°mi About 4 mins .n. .. ♦ 9. Turn right at Fern Ln go 0.2 mi total 30.3 mi 4- 10. Turn left at Waitsel Way g6l'315 ft total 30A mi 35.533333,-82.881944 Waitsel Way "hese directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may :ause conditions to differ from the map results, and you should plan your route accordingly. You must obey all signs or notices egarding your route. Jlap data ©2008 Tele Atlas ile://C:\Documents and Settings\JCantwell\Local Settings\Temp\F5DWOJ51.htm 9/17/200: WAP�c�Q Q 7 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality October 19, 2006 Ms. Jan Grove Midway Medical Center P.O. Box 1409 Canton, North Carolina 28716 Subject: NPDES PERMIT ISSUANCE Permit Number NCO022454 Midway Medical Center -Canton Haywood County Dear Ms. Grove Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The following changes have been incorporated into this final permit: ➢ A daily maximum TRC limit of 28 µg/L will take effective June 1, 2008,. This time period is allowed in order for the facility to budget and design/construct a dechlorination system or alternative disinfection systems. ➢ Daily maximum ammonia (NH3) limits of 30.0 mg/L (summer) and 35.0 mg/L (winter) effective immediately. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits which may be required. If you have any questions or need additional information, please do not hesitate to contact Carolyn Bryant of my staff at (919) 733-5083, extension 363. Sincerely, I �or ` Alan W. Klimek, PIE Director, Division If i I. cc: Central Files NPDES Unit Files ti . s MR, I e R- I I al Wf�ce/ -- ace ater Pr•.oteetionRe-g onal Wf�ce/ -- ace ater Pr•.oteetin 1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5083/FAX 919-733-0719 VISIT US ON THE WEB AT http://h2o.enr.state.nc.us/NPDES Permit NCO022454 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Midway Medical Center is hereby authorized to discharge wastewater from a facility located at Midway Medical Center -Canton 6750 Carolina Blvd. Clyde Haywood County to receiving waters designated as Sally Haynes Branch in the French Broad River basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective December 1, 2006. This permit and authorization to discharge shall expire at midnight on January 31, 2011. Signed this day October 19, 2006. Alan Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0022454 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Midway Medical Center is hereby authorized to: 1. Continue to operate an existing 0.005 MGD extended aeration wastewater -treatment facility with the following components: ♦ Aeration chamber with diffused air ♦ Clarification with return sludge ♦ Chlorination The facility is located at Midway Medical Center -Canton, US Highway 19/23, west of Canton, Haywood County. 2. Discharge from said treatment works at the location specified on the attached map into the Sally Haynes Branch which is classified Class C waters in the French Broad River Basin. Facility Information. State Grid: E7SW USGS Quad: Clyde County Boundary Midway Medical Center Subbasin: 04-03-05 Fb • HighwaysMunicipal boundary rm5�`A�� `may Y Permit NC0022454 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on December 1, 2006 and lasting until -expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER--,:> LIMITS z t . } ;-MONITORING REQUIREMENTS y. Monthly Average Daily Maximums Measurement Sample Type;, Sample Location .Frequent Flow 0.005 MGD Weekly Instantaneous Inffluent or Effluent BOD, 5 day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N 6.0 mg/L 30.0 mg/L 2/Month Grab Effluent (April 1— October 31 NH3 as N 12.0 mg/L 35.0 mg/L 2/Month Grab Effluent Nov 1— March 31 Fecal Coliform 200/100 ml 400/100 ml Weekly Grab Effluent (geometric mean Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent TRC l Temperature (°C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. The limit for total residual chlorine will take effect June 1, 2008. Until then, the permittee shall monitor TRC (with no effluent limit). There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured.during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. B ass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 nil in such a manner as to result in a total sample representative of the wastewater discharge during the sample period: The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume:. a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the -preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 51112006 NPDES Permit Requitements Page 2 of 16 In accordance with (4) above, influent grab samples shall not, be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation for determining compliance with permit limits for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. Daily Sampliinn� Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]' shall be considered =1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 51112006 NPDES Permit Requirements Page 3 of 16 Monthly Averapre (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 51112006 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death ,or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii, of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions: [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections .in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 51112006 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized• to discharge. after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, 'or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized `representative of that person. A person is a duly authorized representative only if 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as, the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 51112006 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221: I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 12. Permit Actions This permit may be modified, revoked .and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (�]. 13. Permit Modification Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into anew system Version 51112006 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance . The Pemiittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Pennittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Pemuttee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. B=assing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Pen- ittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Perrruttee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility.- (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Up -sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Paragraph b. of this condition are met. No determination made during administrative review of claims that Version 51112006 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in.Part II. E. 6. (b) of this permit. (4) The Pennittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 51112006 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement . 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by.imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individua(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 51112006 NPDES Permit Requirements Page 10of16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entey The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required bylaw, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under -this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i ]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change -in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Pemuttee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 51112006 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5. days of the time the Pemiittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Pernuttee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of rhis•permit at the time monitoring reports are.submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Pernuttee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 51112006 NPDES Permit Requirements - Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. . Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µ.g/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 n/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 51112006 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWsI All POTWs must provide adequate notice to the Director of the following. 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B - Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the .following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage,to the POTW, but in no case Discharges with pH lower than 5.0, unless the works•is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference; but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the-Permittee shall either develop and submit to the Version 51112006 NPDES'Permit Requirements - Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW ' Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (,SUO� The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (1WS� The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Anal, sis Al and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (!UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Pemuttee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 51112006 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C). The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit MJP) limitations. 7. POTW Inspection & Monitoring of their SIUs . The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU SelfMonitoring and Repordne The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC ZH .0909, and specific local limitations. All enforcement actions shall be consistent with the- Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following. a) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b:) Pretreatment Program Summaa(PPSI A pretreatment program summary (PPS) on specific forms approved by the Division; c) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d) Industrial Data Summary Forms (IDSF) J . Version 620/2003 NPDES Permit Requirements ` Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 NPDES APPLI. AON FOR Pl1RMT RENEWAL .- .XORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastevvpte (<1�1VIGD flc vwj� yy 0.� h N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, IBC 27699-16i7' �— ----- -- ` +' http://h2o.enr.state.nc.us/NPD]FA/ FEB 1 6 2006 North Carolina NPDES Permit Number NC00 22454 j = Please print or type i DEHl 1. Contact fin, lei \ o-y4 ,yx` Facility Name MIDWAY MEDICAL CENTER Owner Name Street Address P.O. BOX 1409 City CANTON State / Zip Code NORTH CAROLINA 28716 Telephone Number 828-627-2211 Fax Number 828-627-2216 e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number STEVE NANNEY 814-B KANUGA HENDERSONVILLE NORTH CAROLINA 28739 HENDERSON 2. Location of facility producing discharge: Check here if same as above Facility Name Of different from above) Street Addressor State Road City State / Zip Code County 3. Reason for application: Expansion/Modification * 828-697-0063 NORTH CAROLINA, 2871-& HAYWOOD Existing Unpermitted Discharge Renewal X New Facility * Please provide a description of the expansion/modification: N/A jU 1 FEB 2 0 2006 � 1� WA TER QUALITY SEOTJON ASNEVILLE REGTONAL OFFICE Page 1 of X ' Ve►s6on 12102 NPDES APPLL,. AON FOR PERMIT RENEWAL- RORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 4. Description of the existing treatment facilities (list aU installed components `u*h capacNesr AN EXISTING 0.005 MGD EXTENDED AERATION FACILITY WITH AERATION CHAMBER WITH DIFFUSED AIR, CLARIFICATION WITH RETURN SLUDGE, CHLORINATION 5. Description of wastewater (check all that apply Terse of Facility Generating Wastewater Industrial Commercial X Residential - School Other Number of Employees Number of Employees Number of Homes Number of Students/ Staff Describe the source(s) of wastewater (example: subdivision, mobile home parr, etc.): DOCTOR'S OFFICE 24 6. List all permits, construction approvals and/or applications (check all that apply): Tie Permit Number RCRA UIC NPDES NCO022454 PSD NESHAPS Tue. Permit Number Non -Attainment Ocean Dumping Dredge/Fill Permits Other 7. Number of separate wastewater discharge pipes (wastewater outfalls): ONE g. If the facility has multiple discharge outfalls, record the sources) of .wastewater for each outfalia NA Page 2 of 3 Version 12102 NPDES APPLoIG..ION FOR PERMIT RENEWAL L—�®RT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): SALLY HAYNES BRANCH IN THE FRENCH BROAD RIVER BASIN 10. Is this facility located on Native American lands? (check one) YES ❑ NO p I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. X-� G',r \.--N Printed Name of Person Title North Carolina General Statute 143-215.6(bX2) provides that: Any person who knowin* makes any false statement representation, or certification in any application, record, report, plan, or otter document files or required to be maintained under Article 21 or regulations of the Emdronmerrtal Management Commission implementing that Article, or Mo falsifies, tampers with, or knomn* renders insocurate any recording or mwritwq device or method required to be operated or maintained under Article 21 or regulations of the Emrironmentat Management Commission imp that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 pro "a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Version 12102 'APR 10 2001 h - -- FACILITY IN'FORMATIDM Facility: //'I i d.0 U4 L Address: � 5u (N B I Val City: -y p�_ State: _ Zip Code: Permit Number: MC DO ap y 5 q County: h44 / Z Jbo Please Check Type of Facility: Wastewater Class I Class II ✓ Class III Class IV Collection Class I Class II Class III Class IV Spray Irrigation Land Application Subsurface OPERATOR IN RESPONSIBLE CHARGE Please Print Name: S4e ve Ala no et l Mailing Address: !`�l� 18tl�c 131sy City: - VkDQ lL State: &C_ Zip Code: _2 76 Certificate Types and Grade: Certificate #s: L $ 9X Social Security #: 03,3 - Work Phone: 27-666 3 Home Phone: tl g ,1oQ?-D66 3 Signature: Date: BACK-UP OPERATOR Please Print Name: Mailing Address: P6 35 City: State: /lC _ Zip Code:0 7!Y-e Certificate Types and Grade: f>WP5(D -IV Sl L.y19sCa Certificate #s: c29d-7y �- a5��y Social Security #: 1d -WI-q93- f Work Phone: ff2� d Home Phone: 87_9'1 6'9 )--6 n 6, Signature: Date: **********7�-**********;,:***;KA************ ; *4 * **** ********************* SYSTEM OinNER./ADMIN. OFFICER Please Print Name: M r d-1) `Y1 J__kL (--A, L r)11 Mailing Address: 06 bb k 14 of City: State: Zip Code: 2 9 I Telephone Signature: Date: Please Mail To Q ��cmQ 02C i WPCSOCC 12898 1617 Mai[ Service Center I�QClrle�� Raleigh,. NC 27.699-1617 , 11 ar r : Ja cmk_,46 B - 1Qg7-1 S�_ �! r• [77 U NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor a; Secretary March 4, 2015 Jan Grove Midway Medical Center P A PO Box 1409 Canton, NC 28716 SUBJECT: Compliance Evaluation Inspection Midway Medical Center WWTP Permit No: NCO022454 Haywood County Dear Ms. Grove: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on January 28, 2015. Jason Rummel with James and James Environmental assisted in this inspection. The facility appeared to be in compliance with permit NC0022454. Please refer to the enclosed inspection report for observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Katherine Jimison Chemistry Technician III Enc. Inspection Report cc: Juanita James, ORC MSC 1617-Central Files -Basement r '- - sheville�Files== G:IWRIWQIHaywoodlWastewaterlMinorslMidway Medical Center 2245410EI 01-28-15.ltr.doc Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone:828-296-4500 FAX: 828-299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity1 Affirmative Action Employer United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance, Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 u 2 15 1 3 I NCO022454 I11 12 15/01/28 17 18 ICI 19 i G i 201 I 21111111 1111111 11 I I I II 1111 1 111111 111111111 11166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ---------Reserved-------- 67 70 L71 J72 Lti 73174 751 I I I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:OOAM 15/01/28 11/02/01 Midway Medical Center WWTP 6750 Carolina Blvd Exit Time/Date Permit Expiration Date Clyde NC 28721 10:OOAM 15/01/28 16/01/31 Name(s) of Onsite Representative(s)lritles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible OfficiaUTitle/Phone and Fax Number Contacted Jan W Grove,PO Box 1409 Canton NC 287161409//828-627-2221/8286272216 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Kathy Jimison ARO WQ//828-296-4500/ 1311% Signature of Management Q A Reviewer, Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page# NPDES yr/mo/day Inspection Type 31 NCO022454 I11 121 15/01/28 117 18 ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Mr. Jason Rummel assisted in this inspection. The barscreen is in serious disrepair. The bottom half is non existent. Debris is not being screened adequately. This unit needs to be replaced within 30 days of receipt of this inspection report. Photo on file. Page# Permit: NCO022454 Owner - Facility: Midw4, ..._JIcal Center WWTP Inspection Date: 01/28/2015 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new ❑ ❑0 ❑ application? Is the facility as described in the permit? 0 ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ N ❑ ❑ Is access to the plant site restricted to the general public? 0 ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 0 ❑ ❑ ❑ Comment: Mr. Jason Rummel assisted in this inspection. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? N ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑ Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ❑ ❑ 0 ❑ Is disposal of screening in compliance? ❑ ❑ 0 ❑ Is the unit in good condition? ❑ E ❑' ❑ Comment: The barscreen is in serious disrepair. The bottom half was non existent. Debris is not being screened. This unit needs to be replaced within 30 days of receipt of this inspection report. Photo on file. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? E ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ N ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? N ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Page# 3 Permit: NCO022454 Owner - Facility: Midway Medical Center VWVTP Inspection Date: 01/28/2015 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ❑ ❑ 0 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? 0 ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? N ❑ ❑ ❑ Is scum removal adequate? E ❑ ❑ ❑ Is the site free of excessive floating sludge? 0 ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ N ❑ Is the return rate acceptable (low turbulence)? 0 ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? N El - ❑ ❑ Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ❑ ❑ ❑ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? 0 ❑ ❑ ❑ Are the tablets the proper size and type? N ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? E ❑ ❑ ❑ Is storage appropriate for cylinders? ❑ ❑ 0 ❑ # Is de -chlorination substance stored away from chlorine containers? 0 ❑ ❑ ❑ Comment: Are the tablets the proper size and type? 0 ❑ ❑ ❑ Page# 4 Permit: NC0022454 Owner -Facility: Midway iviedical Center WWTP Inspection Date: 01/28/2015 Inspection Type: Compliance Evaluation De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Page# 14a w a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary January 24, 2012 Ms. Jan W. Grove Midway Medical Center, P.A. P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2012-LV-0060 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for July 2011 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 07/21/2011 400 #/1'00ml ,. . : I . . 440 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4600. Sincerely, Chuck Cran ord, Regional Supervisor Surface Water Protection Section ct-,C -W(-a Ashg illeeF'il"es DWQ Central Files James & James Environmental/ ORC S:ISWPWaywoodlWastewaterlMinorstMidway Medical Center 22454WOV-2012-1-V-0060.doc NorthCarolina AWUM4 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwateroualitv.org FAX (828)299-7043 F�, In F,`.NLE COPY NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 7, 2011 Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: NOTICE OF VIOLATION NOV-2011-MV-0128 Permit No: NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Grove: A review of Midway Medical Center WWTP's monitoring report for March 2011 showed the following violations: Parameter Date Measuring Frequency Violation Total Residual Chlorine Week ending Twice Weekly Failure to Monitor 03/05/2011 Total Residual Chlorine Week ending Twice Weekly Failure to Monitor 03/19/2011 It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameter was left off inadvertently, please send an amended DMR within 10 business days of receipt of this letter to Raleigh at the address found on the front page of your DMR and also a copy to this office. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact. Janet Cantwell at 8281296-4500. Sincerely, e,4 e&z. Roger C. Edwards,. Regional Supervisor Surface Water Protection Section DWQ Central Files James & James Environmental/ ORC S:1SWP1Haywood\WastewaterWinorslMidway Medical Center 224541NOV-2011-MV-0128.doc PhCarolina NXtura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newatercivality.oro FAX (828)299-7043 1-877-623-6748 RCDENR North Carolina Department of Environment and -Natural -Resources Beverly Eaves Perdue Governor MARLENE L ABLE MIDWAY MEDICAL CENTER P A PO BOX 1409 CANTON NC 287161409 Division of Water Quality Coleen H. Sullins Director May 27, 2011 SUBJECT: Payment Acknowledgment Civil Penalty Assessment �way eclhscalenter,�WWTP Permit Number: NC.0022454 Case NumberI1=20°10-4208; p Haywood County Dear Ms. Able: Dee Freeman Secretary This letter is to acknowledge receipt of check number 6620 in the amount o $2 mp eceived from you dated May 23, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387. Sincerely, ovonah Weeden cc: Central Files DW�QlAshevitl'1e�R]e"gion'al��`f ice ' caper -visor 1617 Bail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer MAY 3 1 2011 WATER QUALITY SECTION S c' A_ c7_VUE REC! NAL OFFICE One NorthCarolina WNW W North Carolina Department of Environment and Natural Resources Division of Water Quality .5everly Eaves Perdue Coleen H. Sullins Dec Freeman Governor Director Secretary CERTIFIED MAIL 7007-0710-0000-5376-7105 RETURN RECEIPT REQUESTED James & James Env PO Box 519 Mountain. Home, NC Dear Ms. James: Mgt. 28758 May 4, 2011 Subject: Remission Request of Civil Penalty Assessment Case Number LV-2010-0208 Midway Medical Center WWTP NPDES Permit NCO022454 I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(D and have found no grounds to modify the civil penalty assessment of $267.00. A copy of the Director's decision is attached. Two options are available to you at this stage of the remission process: You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of: Dina Sprinkle NC DENR-DWQ — Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63871 FAX: 919-807-64951 Customer Service:1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer rK-+.i /rye-......m.�..,;. ;t :t't'...wm-a,:�ua�,.�n:..a... `:•i. 71, MAY 2011I l _6 WATER QUALITY ECTION =: E R=GIONAL OFFICE pcNEVIli rthCarolina aurally C7 n You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the Director of the North Carolina Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and. return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Dina Sprinkle NC DENR-DWQ — Point Source Branch NODES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWQ Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Guerra at (919) 807-6387 or at bob.guerraCa)-ncdenr.gov. 'ncey, G ofeen H. Sullins Attachment: Request for Oral hearing cc: Ash'eville'�Regiorial Office = Roger -Edward's— Enforcement file Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6387 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: vvww.ncwaterquality.org ������ //� An Equal Opportunity \ Affirmative Action Employer �A _ ��� COPY PY WDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Jan W. Grove Midway Medical Center, P. A P.O. Box 1409 Canton, North Carolina 28716-1409 Dear Ms. Grove: Division of Water Quality Coleen H. Sullins Director January 12, 2011 Subject: NOTICE OF VIOLATION NOV-2011-LV-0013 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dee Freeman Secretary A review of Midway Medical Center WWTP's monitoring report for August 2010 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Brotli,44.5C 08/03/10 400 #/100ml 483 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Janet Cantwell. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c ly 3 ,'!11e M-1 DWQ Central Files . James & James Environmental/ ORC S:\SWP\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2011-LV-0013.doc I�o°e Carolina Aqw, !!y North Carolina Division of Water'Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 USTIFICATION FOR Ij_EMISSION REQUE` gIWQ Case Nu berms_ 00 0OO .ioa e it s ; �a Assessed I'ariy. t►y,_.� ..,......LL �.. Permit No.: N00022454 County: I� Haywood/ Amount Assessed: $267.00 ust so complete Please use th is form when requesting remission of this civil penalty. Y0 a> d Stialulation of Facts" "Request For Remission, Waiver of Right to an Administrative Hearing, hat you form to requ est remission of this civil penalty. You should attach anry documents riour request l for support your request and are necessary for the Director ti consider to on of the ve remissio n. Please be aware that a request for remission is limiteodnt of thedcivillpenalty asslessed tors listed below,as they may relate to the reasonableness oft e amount occurred or Requesting remission is not the proper procedure for con testin whether the violation(s) Requ g • accuracy of any of the factual statements contained inthe penaltymaybe granted onlent y when one, or the a y 143g-282.1(c), remission of a civilp to your Pursuant to N.C.G.S. § lies. Please check each factor that you believe applies more of the following Five factors app ortin documents, as to why the case and provide a detailed explanation, including copies of supp g factor applies (attach additional pages as needed). one or more of the civil penalty assessment factors in N.C.G.S. 143E-282.1(b) were (a) to the detriment of the petitioner (the assessment factors are listed in the civil pplied wrongfully a penaltyas.sessinent document); resulting from the (b) the violator promptly abated continuing environmental damage that you took to correct the violation and prevent future occurrences); violation (i.e., explain the steps (c) the violat ion was inadvertent or a result of an accident (i.e., explain why the violation as unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; e civil penalty will prevent payment for the remaining necessary the activities i (e) payment of a — lain how payment of the civil penalty will prevent you from performing actions (i.e., exp P necessary to achieve compliance). EXPLANATION:k JUL ice`( PATE OF NORTH CAROLIIN _ DEPARTME OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST MIDWAY MEDICAL CENTER PERMIT NO. NCO022454 WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2010-0208 Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 6, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of . _Jo— 6 , 20 % G � f SIGNATURE ADDRESS James & James Rnvirnnrng ■ • Box 519 TELEPHONE JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC ' PO BOX 519. MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX July 8, 2010 North Carolina Division of Water Quality Enforcement Division 1617 Mail Service Center Raleigh, NC 27699 — 1617 Re: Midway Medical NPDES NCO022454 Dear Mr. Guerra, Enclosed you will find the written request for remission for this system. The violations occurred during the worst winter our company has experienced since the inception. Many systems over many counties froze in the clarifier and chlorine contact chamber. The following items were true for this system: 1) The clarifier and chlorine contact chamber froze about 12 inches thick. The water in the chlorine contact chamber had to be broken to take samples. The contact time was compromised due to the amount of frozen water in the chamber. The attempted repairs to alleviate this problem were: 1) We attempted to de -thaw the two chambers to no avail. The freeze was so extensive and deep that we believe that the penalty should be remitted. This freeze was truly an Act of God and was beyond the control of human intervention. We would appreciate your consideration in this matter. Thank you, Harry Juanita James AF 4 �4 MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 13, 2010 Juanita James James & James Environmental Management. PO Box 1354 Mountain Home, NC 28758 Subject: Remission Request of Civil Penalty Assessment Dear Mrs. James: Dee Freeman Secretary This letter is to acknowledge.the receipt and of your request for remission of the civil penalties levied against the following facilities: 1. LV-2010-0182 UNITED WORLD MISSION WWTP NCO032174 2. LV-2010-0190 PAVILLON INTERNATIONAL / BRITTEN CREEK WWTP NCO085294 3. LV-2010-0207 BENSON APTS WWTP NCO066362 4. 42%L—�24kls&-0248iMiDWA�Y-MEDI.CAL W� NC0022,,454-and 5. LV-2010-0209 SILVER BULLET WWTP NC0088803. A copy is each Remission request is being sent to the Asheville Regional Office for input and recommendations. Your requests will. be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any question or I can be of further assistance about this matter, please contact me at (919) 807-6387. Robert Guerra, Western Region NPDES Point Source Branch Cc: Asheville Regional Office Enforcement files w/originals Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699A617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07-6387 \ FAX: 919-807-6495 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer D rLO JUL 5 2010 ' WATER OUALITY SECTION ASHEVILLE REGIOPdAL OFFICE l�Ton Marolina Nawn7ilif 4 .I_ NCDENR North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director r- CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Marlene L. Able Midway Medical Center P.O. Box 1409 Canton, North Carolina 28716 July 6, 2010 7007 1496 0004 0713 7994 P FILE COPY Resources Dee Freeman Secretary SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022454 Midway Medical Center WWTP Midway Medical Center -Canton Case No. LV-2010-0208 Haywood County Dear Ms. Able: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $267.00 ($200.00 civil penalty + $67.00 enforcement costs) against Midway Medical Center. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Midway Medical Center for the month of March 2010. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022454. The violations which occurred in March 2010 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Midway Medical Center violated the terms, conditions or requirements of NPDES Permit NCO022454 and G.S. '143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Midway Medical Center: Nne orthCarolina Xtura!!y SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500\FAX: 82897043\Customer Service: 1-877-623-6748 Internet: www.nmaterguality.orgAIN 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $200.00 TOTAL CIVIL PENALTY $67.00 Enforcement Costs $267.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1' 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh; NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, e. Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS c , ;Q'�AsheVi116 Files `w/'`attachrrments r=a DWQ Central Files w/ attachments Bob Guerra/ DWQ Enforcement Files w/ attachments James & James Environmental/ ORC w/ attachments S^•Sit'P':Fia�reoodlGVa teuaterlMingnit`tidw<iy Medical Center 224i4`LV-2010-0203.doe JUSTIFICATION FOR REMISSION RE RST DWQ Case Number: LV-2010-0208 County: Haywood Assessed Party: Midway Medical Center Permit No.: NC0022454 Amount Assessed: $267.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violations) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282. 1 (c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why, the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST MIDWAY MEDICAL CENTER PERMIT NO. NCO022454 DEPARTMLNT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2010-0208 Having been assessed civil penalties totaling $267.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 6, 2010, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Midway Medical Center CASE NUMBER: LV-2010-0208 PERMIT: NCO022454 FACILITY: Midway Medical Center -Canton COUNTY: Haywood REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 3-2010 $100.00 3-2010 001 Effluent FEC COLI 001 Effluent FEC COLI 03/17/10 Weekly 03/31/10 Weekly #/100ml 400 600 50.00 Daily Maximum Exceeded #/1'06ml 400 600 50.00 Daily Maximum Exceeded �ry DIVISION OF WA1 Ex QUALITY - CIVIL PENALTY ASSEU ,LENT (FILE) Violator: Midway Medical Center WWTP / NCO022454 (March 2010 DMR) County: Haywood Case Number: LV-2010-0208 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream. 2) The duration and gravity of the violation; Two Daily Maximum Fecal Coliforms exceeded the permit limit each by 50 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved could include the cost of keeping the chlorine contact chamber clean. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $67.00. Date Roge C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office 07/06/2010 NPDES PERMIT NO. Mail ORIGINAL and ATTN- CENTRAL F ----DENR--DWQ—,-" 1617 MAIL SOW] RALEIGP" "17,609 EFFLUENT NCO022454 DISCHARGE NO. 001 MONTH MARCH YEAR 2010 -Z �� %:�' 1A Z .rW" jAfflC,3,41jJAMC.3 ENVIRWIMMENIML M%71., 111%.. -If-to' 3AAMP S JOSEPH SIMMONS X %03401Z (VjNA1 QU24"9k;5 Vfh Uk opeRm UK IN RESPONSIBLE 4-26-17 CHARGE) DAIF —BYTHIS SIGNATURE-,-I-CfRTIF-Y-T-HA-T-TRIS REPOR-T-IS_ ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 050 0100-AW" (-Wpou 150 00310 1 0061 00530 1 31615 1VI /A I V < 'CC. R AY 0 11 zoi! ,r.n -C UNITS! MG/L 1 MG/L M OML e le Facility Status (Please check one of the following) 0 All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet requirements Noncompliant --- If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc. and a time table for improvements to be made. NIL = NO LIMIT "=TSS - DATA VALID; DUP OUT "*=BOD - DATA VALID; GGA & 2ND BLANK OUT FECAL COLIFORM ELEVATED ON TWO DAYS. THE OPERATOR INCREASED THE CHLORINE DOSAGE AND CLEANED THE CHLORINE CONTRACT CHAMBER OF FINE SOLIDS AND ORGANIC MATTER INCLUDING LEAVES. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to , inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." MIDWAY MEDICAL, INC rmittee (Please Drint or type) L 4/26/2010 nature of Pdit ee" DATE PO BOX 1409, CANTON, NC 28116 828-697-0063 Permittee Address Phone Number Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil & Grease 00951 Total Flouride 01067 Nickel 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc 00082 Color (ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 000630 Nitrate/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 38260 MBAS Residue 00929 Totall Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained b calling the Water Quality Compliance Group at (919) 733-5083, extension 581 or 534. The monthly average for fecal coliform is.to be reported as a GEOMETRIC mean. Use only units designated in the reporting facility's permit for reporting data. 114 Gt �) h6w 'ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A 0202 (b) (5) (B) -if signed by other than the perrmittee, delegation of signatory authority must be on file with the state perT T6 "NCAC 28.0506 (b) (2) (D)• Permit Enforcement History by Owner 06/30/10 1 Owner: Midway Medical Center - Facility: Midway Medical Center -Canton Permit: NCO022454 Region: Asheville County: Haywood Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcement Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed LV-2000-0207 06/01/00 $1,000 $49.28 06/23/00 08/02/00 $.00 10/12/00 $.00 $1,049.28 $.00 No 12/20/00 LV-2002-0215 06/04/02 $250' $49.28 $299.28 $.00 No 07/16/0, LV-2003-0384 2-2003 05/19/03 $250 $100.00 $350.00 $.00 No 08/22/03 LV-2006-0238 5-2006 07/18/06 $250 $100.00 $350.00 $.00 No 02/21/07 LV-2009-0126 1-2009 04/20/09 $250 $70.00 $320.00 $.00 No 05/08/09 LV-2010-0208 3-2010 $200 $67.00 $267.00 No Total Cases: 6 $435.66 $2,368.56 $267.00 Total Penalties: $2,635.56 Total Penalties after remission(s): $2,635.56 NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Jan W. Grove Midway Medical Center P A P.O. Box 1409 Canton, North Carolina 28716-1409 Dear Ms. Grove: Division of Water Quality Coleen H. Sullins Director November 15, 2010 Subject: NOTICE OF VIOLATION NOV-2010-LV-0407 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dee Freeman Secretary A review of Midway Medical Center WWTP's monitoring report for June 2010 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, 06/30/2010 400 #/100ml 530 #/100ml Daily Maximum M-FC Broth,44.5C Exceeded pH 06/16/2010 9 su 606.0 su Facility Reporting Error It was also noted that the Compliance box on the back of the DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. The above parameter for PH was entered incorrectly as 606.0 on your DMR. Please send an amended DMR with the correct value for pH to Raleigh at the address found on the front page of your DMR. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section c _:i Ashevi l�e,��Fl,les IQ- CFiles—==� .James & James Environmental/ ORC S:\SWP\Haywood\Wastewater\Minors\Midway Medical Center 22454\NOV-2010-LV-0407.doc None Carolina NW AMM11b North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterouality.org FAX (828)299-7043 1-877-623-6748 JAMES & JAMESMANAGEMENT,• PO BOX 1354, MOUNTAIN HOME, NC 28758 PERFORMANCE ANNUAL REPORT - 2009 Midway Medical Center Ms. Jan Grove Permit Number: NCO022454 System Description An extended aeration basin with gravity flow influent into a 5,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance This system ran very well all year. There was a motor installed in May and a new motor starter. An air line to the skimmer in the clarifier was repaired. Otherwise there were no other repairs made. Violations and corrective actions taken January 15 — Ammonia Nitrogen @ 33.8 mg/I January 28 — Ammonia Nitrogen @ 24.5 mg/1— air was increased to the system and soda ash was added to break down the ammonia cycle May 20 — TSS @ 56 mg/1— there was a broken air line in the clarifier that was repaired October 1 — Fecal Coliform @ >600 colonies/100mis — increased chlorine dosage This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, lk.C� CaC6 4<- -10 J to James James & James Environmental Management, Inc. 2/28/10 ro R d 6* N r �,gQd�7 r NIAR 052010 JOINT Skill CE BFAY�C�9 w M: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 15, 2010 JAN W GROVE MEDICAL ADMINISTRATOR MIDWAY MEDICAL CENTER PA PO BOX 1409 CANTON NC-28716 Dee Freeman Secretary R EcEC wE DD J U L 1 9 2010 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Receipt of permit renewal application NPDES Permit NCOO22454 Midway Medical Center - Canton Haywood County Dear Ms. Grove: The NPDES Unit received your permit renewal application on July 15, 2010. A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 807-6391. Sincerely, I =P, - M01 /I Dina Sprinkle Point Source Branch cc: CENTRAL FILES Ashville Regional • ffice/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 �TOne Phone: 919-807-6300 \ FAX: 919-807-64921 Customer Service: 1-877-623-6748 lv orth.Caiol.i..n.a Internet: wwww.ncwaterquality.org � �9�������`J An Equal Opportunity 1 Affirmative Action Employer � �/ Clyde Office: 6750 Carolina Blvd. Clyde, NC 28721 828.627.2211 o Fax 828.627.2216 July 9, 2010 �EDIC� Mailing Address: P.O. Box 1409 Canton, NC 28716 N.C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1917 Mail Service Center Raleigh, N.C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: Canton Office: 30 N. Main St. Canton, NC 28716 828.646.0080 e Fax 828.646.0580 This letter is to request the renewal for the waste water treatment facility of Midway Medical Center, P.A. NPDES number NCO022454 Sincerely, Jan rove Medical Administrator Midway Medical Center, P.A. NPDES APPLICATION - FORIvi a) For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCOO 440 S' If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Midway Medical Center, P.A. Facility Name Midway Medical Center, P.A. Mailing Address PO Box 1409 City Canton State / Zip Code NC 28716 Telephone Number 828-627-2211 Fax Number 828-627-2216 e-mail Address iangrove(@midwaymc.com 2. Location of facility producing discharge: D"`�.� 17 Check here if same address as above ❑ Street Address or State Road 6750 Carolina Blvd JUL �� � ZOi� City Clyde QENR-VXfF-R URCN State / Zip Code NC 28721 County Haywood 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) �. _ 73� Name 67 C. e C.` ��t.�r . _ ,ti C. . Mailing Address r� city State / Zip Code Telephone Number ( ) �y eat c' Fax Number 1 of 3 Form-D 05/08 1U1,/0.9/2010/PP,1 12:21 FM PAX No. P. 010 WDES APPLICATION - FORM E For privately owned treatment systems trcating 2 00% domestic wastewaters <1.0 MGD 4. Description of wastewatet: Facility Generating Waste-rjcheck all that applyp. Industrial ❑ Number of Lmplayees Comm, X Number of Employees 3S Residential ❑ Number of Homes - School ❑ N=ber of Students/Sraff Other ❑ Explain: Describe the source(s) of wastewater (example: $ubdivision, mobile home park, shopping centers, restaurants, etc.): Family Practice Medical Center Population served: 5, Type of collection system Separate (sanitary sewer only) ❑ combined (storm sewer and sanitary sewer) 6. putfall information-, member of separate discharge points ! Gutfmil Identification u=ber(s) _ Is the outfall equipped with a dif lwier? 0 Yes JQ.I.No 7. Name of toveiviqqug stream(s) (Provide [[a map shouting the exact location of each outfaZ n. i (� . i..,u %A o-S Y0 ter 1. i Y► r Y P>�C �► �YdC' � s. Frequency of Discharge: � continuous ❑ Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment: system List ail installed components, including capacities, provide design removal for 130D TS,�, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the trod vnt system in a separate sheet of paper 2 of 3 Pbm-D OM ih JUL/09/2010/FRI 12.21 PM FAY No, P.011 NPDES APPLICATION - FORM)) For privately owned treatment systems treating loos/o 4onoteetic wastewaters <1.0 UGD 10. Flow Information: Treatment Plant Design flow 0,66>i GD Annual Average daily flow 6,60)S_XGD (for the previous 3 years) Maximum daily flour Qab 03 >a GJ) (for the previous 3 years) I i. Is this facility located on Indian country? ❑ Yes FOG 12, Effluent Data Provide data for the,parameters listed..;Gecal Coliforzra, Temperature and, pH shall be grab samples, for all other parameters 24-hour composite samphrty shall be tried, If rwre chart one analysis is reported, report daily maxi»tx yn and monthly average. If otily orae anaysis iS reported, report as daily maximum Dail Maximmm Idea hly Averse UnIts ofParsmetes Measurement Biochemical. Oxygen Demand (.BODs) (p , °o). 1 , M &/L Fecal Colifot 3 f , xt- Total. Suspended Solids g Temperature (Summer) 20 IS ° Temperature (Winger) SL PH ?jS 6hds 13, List all yarmits, construction approvals anti/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non-attainMent program (CAA) Ocean Dumping (MPRSA) ()Q 5 Dredge or W (Sections 404 or CWA) Other 14. APPLICANT CERTIFICATION Permit Number I certify that I am familiar with the information contained is the application and that to the ba$t of my knowledge and belief such information is true, complete, and accurate. � Printed n=c of Person' of Applicazit Title Date North Carolina General Statute 143-215.e (b)(2) states: Any person who knowigly makes any false sWement representation, or certllicatlon in any application, record, report, plan, or other document files or required to be matrdained under ArMe 21 or regulations of the Environmental Management Commission Implementing that Artlele, or who falsifies, tampers with, or knowingly renders In=urale any r=rding or monUoring devi; a or me&d required to be operated or maintained under Article 21 or regulations of the EnvinQnrnental Management Commission Implementing that Article, shall be guifty of a misdemeanor punishable by a line not to exceed $25,000, or by imprisonment not to exceed six months, or by both, (18 U.S.C, Section 1001 provides a punishment by E fine of not more lhan $25,Obb or imprisonment not more than 5 years, or both, for a similar offense,) 3 of 3 Form-D 008 James & James Environmental Management, Inc. 3801 Asheville Hwy., Hendersonville, N. C. 28791 OFFICE: (828) 697-0063 FAX: (828) 697-0065 July 9, 2010 N. C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N. C. 27699-1617 Regarding All Waste Water Facilities Operated by James & James To Whom It May Concern: Sludge from this facility (Midway Medical Center) is pumped by Mike's Septic Tank Service and is permitted to be dumped at Brevard Waste Treatment System and MSD. Sincerely Juanita es James and James Environmental Mgt., Inc. Q= NCDENR North Carolina Department of Environment and Natura Beverly Eaves Perdue Governor Ms. Marlene L. Able Midway Medical Center P.O. Box 1409 Canton, North Carolina 28716 Dear Ms. Able: Division of Water Quality Coleen H. Sullins Director May 5, 2010 r— L E " Resources Dee Freeman Secretary Subject: Total Residual Chlorine Limits Discharge Monitoring Report Reporting for Midway Medical WWTP Haywood County A Total Residual Chlorine (TRC) limit was incorporated into your latest NPDES permit and became effective June 1, 2008. The TRC limit was to be reported as micrograms per liter (µl L ). It has been noted that TRC has been reported on your Discharge Monitoring Reports (DMR) as milligrams per liter ( mg/ L) since June 2008 until the present. Please make sure the Operator in Responsible Charge understands that future Discharge Monitoring Reports need to reflect micrograms per liter in the reporting of Total Residual Chlorine. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section DWQ� hevi'1`1e File���`' James & James Environmental/ ORC tiati1� F'•l i<i;nvood':!1' titcwairr:�linc rs'.t�[i luau \-ledical Center 224i411A,lidwavNiedical Cl2 11r.doe NoAhCarotina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterguality; org FAX (828)299-7043 1-877-623-6748 �p]���9a9 gpAj]��.� - .._. �.,l::j:.`.i�:<;; cajr^ .,r..='•Y North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Marlene L. Able Midway Medical Center PO Box 1409 Canton. NC 28716 Dear Ms. Able: Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary January 14, 2010 Subject: NOTICE OF VIOLATION NOV-2010-LV-0031 Permit No. NCO022454 Midway Medical Center WWTP Haywood County . A review of Midway Medical Center -Canton's monitoring report for October 2009 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform 10/01/09 400 #/100ml 600 #/100ml Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. Since the comments section on the reverse of the relevant DMR provided an adequate explanation for the subject violation, it is not requested that a response be submitted: however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Wanda Frazier. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If you should have any questions, please do not hesitate to contact Wanda Frazier 828- 296-4662. Enclosure cc: WQ Central Files As h ev i.iEl'e�Ffi�l a"s NOV-2010-LV-0031.Midway Medical.01-14-10.doc Sincerely, (10� Roger C. Edwards, Regional Supervisor Surface Water Protection Section lvorthCarolina ,VatruY71111 North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828) 299-7043 1-877-623-6748 � ILE; F! ..�E NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Marlene L. Able Midway Medical Center PO Box 1409 Canton, NC 28716 Dear Ms. Able: Division of Water Quality Coleen H. Sullins Director SURFACE WATER PROTECTION SECTION January 8, 2010 Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection Midway Medical Center -Canton WWTP Permit No: NCO022454 Haywood County Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 30, 2009. The facility was found to be in compliance with permit NC0085952. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4662. Sincerely, Z �47 �44 ,, � ".1 t � t Wanda P. Frazier Environmental Specialist Enclosure c : Central Files As = euil:Ie�Fl`.es SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Customer Service: 1-877-623-6748 ;�i / Internet: www.ncwatergualitV.org NorthCarolina Naturally United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5I 31 NCO022454 I11 121 09/12/30 117 18ICI 19ISI 20I Remarks 21LlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- -------Reserved--------- 67I 1.0 169 70I 31 711 I 721 NJ 73I I 174 751 I I I I I I 180 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Midway Medical Center -Canton 11:00 AM 09/12/30 06/12/01 Exit Time/Date Permit Expiration Date . Hwy 19 23 Canton NC 28716 11:15 AM 09/12/30 11/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Joseph Carmon Simmons/ORC/828-898-6277/ Name, Address of Responsible Official/Title/Phone and Fax Number Marlene L Able,P0 Box 1409 Canton NC 26716//828-627-2211/8286272216ontacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit N Operations & Maintenance N Records/Reports Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wanda P Frazier ARO WQ//828-296-4500 Ext.4662/ Signature of Management Q A Reviewer Agency/Off /Phone and Fax Numbers Date `,l' )t' ,} EPA'Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO022454 I11 121 09/12/30 117 18ICI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) OPERATIONS AND MAINTENANCE / EFFLUENT / SUMMARY: Ms. Juanita James, assisted in the inspection. This facility appears to be well operated and maintained. The effluent appeared to be clear, indicating compliance with permit limits. PERMIT / INSPECTION / LOG: A review of the files indicates that the last compliance evaluation inspection was conducted on 12-19-2008 by Wanda Frazier. A copy of the current permit was on -site. The permit expires on 1-31-2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The log book was present on -site and had good notation of daily events. PERFORMANCE ANNUAL REPORT: The 2008 Annual Performance Report had been filed for the year. The 2009 Annual Report is due no later than 60 days of the end of the reporting period. (Note: The owner or operator of any wastewater treatment works or wastewater collection systems that treats or collects primarily domestic or municipal waste must provide an Annual Report to its users or customers and to the Department of Environment and Natural Resources that summarizes the treatment works' and collection system's performance over a 12 month period.) Page # 2 Permit: NCO022454 Inspection Date: 12/30/2009 Owner- Facility: Midway Medical Center -Canton Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ n ❑ # Are there any special conditions for the permit? n ■ n n Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n n Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? ■ n n n Is the screen free of excessive debris? ■ n n n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n n n Comment: Aeration Basins Yes No NA NE Mode of operation Type of aeration system Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ ❑ ■ ❑ Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? ■ n n n Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ n n n Page # 3 Permit: NG0022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 12/30/2009 Inspection Type: Compliance Evaluation Aeration Basins Yes No NA NE Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ Cl n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? ■ n n Is the site free of weir blockage? ■ n n n Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ n n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? ❑ n ■ n Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n n Is the sludge blanket level acceptable? (Approximately '/< of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n n n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ n n n Is there chlorine residual prior to de -chlorination? ■ n n n Comment: Yes No NA NE Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? ❑ n ■ n Is storage appropriate for cylinders? n n ■ n # Is de -chlorination substance stored away from chlorine containers? ■ n n n Comment: Are the tablets the proper size and type? ■ n n n Are tablet de -chlorinators operational? ■ n n n Page # 4 Permit: NC0022454 Inspection Date: 12/30/2009 De -chlorination Number of tubes in use? Comment: Owner - Facility: Midway Medical Center -Canton Inspection Type: Compliance Evaluation Yes No NA NE Page # 5 ��.E� AMA, NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION July 24, 2009 Ms. Marlene L. Able Midway Medical Center PO Box 1409 Canton, NC 28716 Subject: NOTICE OF VIOLATION. NOV-2009-LV-0328 Permit No. NCO022454 Midway Medical Center - Canton Dear Ms. Able: Haywood County A review of Midway Medical Center -Canton's monitoring report for May 2009 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Total Suspended Solids 05/20/09 45 mg/I 56 mg/I Daily Maximum Exceeded Remedial actions, if not already implemented, should be taken to correct any problem. The reverse side of the relevant DMR required an adequate explanation for any and all violations. If an explanation was provided, then it is not requested that a response be submitted. If an explanation was not provided or should you have additional information concerning the violation(s), please submit them to the attention of Wanda Frazier. If missing data is available, please provide this data by re -submitting two copies of the original DMR to Central Files (to the address provided on the DMR) and highlighting the additional data and comments (such as, "Amended"). The Division of Water Ouality may pursue enforcement actions for this and any additional violation(s). If violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Keith Haynes of this office for additional information. If you have any questions, please do not hesitate to contact me or Wanda Frazier at 828- 296-4500. Sincerely, /)- -- Roger C. Edwards, Regional Supervisor xc: Central Files / .: _ Files Surface Water Protection Section NorthCarolina �Vatuta!!y North Carolina Division of Water Quality 2090 U.S. Highway 70; Swannanoa, N.C. 28778 Phone (828) 296-4500 Customer Service 1-877-623-6748 Internet: www.ncwatergualitV.org FAX (828) 299-7043 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director -—Secr E C L � � ry May 8, 2009--� MAY 1-4 2009 i `. MARLENE L ABLE' MIDWAY MEDICAL CENTER -- ` PO BOX 1409 WATER CUALITY SECTION ASHEVILLE REGIONAL OFFICE CANTON NC 28716� SUBJECT: Payment Acknowledgment Civil Penalty Assessment Midway Medical Center -Canton Permit Number: NCO022454 Case Number: LV-2009-0126 Haywood County Dear Ms. Able: This letter is to acknowledge receipt of check number 45496 in the amount of $320.00 received from you dated April 30, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-807-6387.. Sincerely, ( /Jovonah Weeden cc: Central Files DWQi4h ib1 ­,;l�QARi gSupervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6300 \ FAX: 919-807-6492 \ Customer Service: 1-877-623-6748 North Carolina Internet: www.ncwaterquality.org d�� Jj� An Equal Opportunity\ Affirmative Action Employer attg `j mRILEY North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms'. Marlene L. Able Midway Medical Center PO Box 1409 Canton, NC 28716 April 21, 2009 7007 1490 0004 0713 9301 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022454 Midway Medical Center Case No. LV-2009-0126 Haywood County Dear Ms. Able: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $320.00 ($250.00 civil penalty + $70.00 enforcement costs) against Midway Medical Center. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Midway Medical Center for the month of January 2009. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022454. The violations, which occurred in January 2009, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Midway Medical Center violated the terms, conditions or requirements of NPDES Permit NCO022454 and G.S. 143-215.1(a)'(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a. permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Midway Medical Center: SURFACE WATER PROTECTION — ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 One e: 828-296-4500 FAX: 828 299-7043 NorthCarolina stomer Service (Raleigh): 1-877-623-6748 Naturally Internet: www.ncwaterguality.org ho 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Ammonia nitrogen as Nitrogen. 250.00 TOTAL CIVIL PENALTY( 70.00 Enforcement Costs $320.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 4 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had btjun assessed civil penalties for any prev.."s violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance / Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for cunu Aon of the penalty through a civil a.,LIU11. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of theAsheville Regional Office at 828- 296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS egigrrat pejag isor w/ atta hmente, Bob Guerra - Poin Sourcerce C�nce /Enforcement Unit -Enforcement File w/ attachments Central Files w/ attachments �j JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2009-0126 County: Haywood Assessed Party: Midway Medical Center Permit No.: NCO022454 Amount Assessed: $320.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B- 282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMEN i ,-,F ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS MIDWAY MEDICAL CENTER ) PERMIT NO. NCO022454 ) FILE NO. LV-2009-0126 Having been assessed civil penalties totaling $320.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 21, 2009, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE all I ATTACHMENT A ' Midway Medical Center CASE NUMBER: LV-2009-0126 PERMIT: NCO022464 FACILITY: Midway Medical Center -Canton COUNTY: Haywood REGION: Asheville Limit Violations MONITORING OUTFALL/ PENALTY REPORT PPI VIOLATION LOCATION PARAMETER DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED % OVER VALUE LIMIT VIOLATION TYPE $250.00 1-2009 001 Effluent NH3-N 01/31/09 2 X month mg/I 12 29.15 142.92 Monthly Average Exceeded DIVISION OF Wr, , �R QUALITY - CIVIL PENALTY ASS,.,3MENT (FILE) Violator: Midway Medical Center County: Haywood Case Number: LV-2009-0126 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 is not quantifiable. All limits violations of the permit are considered to impact water quality. 2) The duration and gravity of the violation; The monthly average ammonia nitrogen limit is 12.0 mg/l. The two daily maximum values for the month occurred on January 15th and 28th. These values were 33.8 and 24.5 mg/I, which caused the monthly average limit of 12.0 mg/I to be exceeded by 143%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water quantity or on air quality was not measureable at the time of the violation. 4) The cost of rectifying the damage; The cost of rectifying the damage is the amount saved by not making chemical additions or operational changes. 5) The amount of money saved. by noncompliance; The amount of money saved by noncompliance is not known. 6) Whether the violation was committed willfully or intentionally; The violation did not appear to be willfull or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no other enforcement cases or NOVs issued within the past year. 8)- The cost to the State of the enforcement procedures. The cost to the State of the enforcement procedures is $70.00 Date Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office r-I JAMES & JAMES ENVIRONMENTAL M[ANAGEMENT,_INC.-__-,-___.. PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE---- (828) 697-0065 FAX MAR - 6 2009 ; l�,J PERFORMANCE ANNUAL REPORT — 2008 c_r, rY sEsTioN OFPICE Midway Medical Center Ms. Jan Grove Permit Number: aW 0 4 System Description An extended aerationbasinwith gravity flow influent into a 5,000 gallon treatment facility, clarifier, tablet feed chlorinator, chlorine contact chamber, tablet feed de -chlorinator, and effluent gravity line. Performance for 2008 This system ran very well all year. There was one repair that occurred to the air line feeding the sludge return. Violations for 2008 and corrective actions taken None This report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this notice has been issued. I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. I also certify that this report has been given to the owner of this facility with explicit directions to make the user aware of the availability of this report and the location with which a copy can be viewed or received. James & James Environmental Mgt., Inc cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this entity along with all pertinent information regarding this system for the conclusion of this requirement. Thank you, " uanita James James & James Environmental Management, Inc. 2/20/09 MICR - 4 2009 DENR , WATER QUALITY POINT SOURCE BRANCH PERFORMANCE ANNUAL REPORT — 2008 Midway Medical Center Permit Number: NCO022454 Ms. Jan Grove A copy of the Performance Annual;,Report has already been filed with the State of North Carolina -Division .of Water Quality in -Triplicate by James. & James Environmental Management, Inc. and should be in your. possession at this time. On :that report, the. certification was stated. that I, the responsible party of this facility, has received a copy of this report and was directed to give the users. knowledge of this report and.access to it. Therefore: T certify under penalty of law that this report.prepared'by James & James Environmental Management, Inc. is' complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of this documented system and that those users have been notified;of its availability. Thank you, Ms. Jan Grove Midway Medical Center Cl���t�Jc JAMES & JAMES ENVIRONMENTAL • BOX•HOME, NC 28758 February 3, 2009 Surface Water Protection DWQ — Asheville Region Mrs. Wanda Frazier 2090 US Highway 70 Swannanoa, NC 28778 Re: Midway Medical Center NPDES # NCO022454 Dear Mrs. Frazier, This letter is in response to the Compliance Evaluation Inspection dated December 30, 2008. The response needed was with regard to the access by means of the back in front of the facility. It was required that the bank have access to the system that would be deemed safe in inclement weather. You requested a response in writing as to the timetable for repairs. James & James will be meeting with Mrs. Able with regard to the need and potential corrective actions that should be taken with this repair. Once a plan is agreed upon, I will contact you with the timetable agreed upon. Thank you for your consideration. With highest regards, we are lVery truly( yours, naffy Juanita James D E C E � V E - D F E B - 5 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Michael F. Easley, Governor a- n, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 30, 2008 Ms. Marlene L. Able Midway Medical Center P.O .Box 1409 Canton, North Carolina 287.16 SUBJECT: Compliance Evaluation Inspection Status: Compliant Midway Medical Center WWTP Permit No: NCO022454 Haywood County" Dear Ms. Able: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on December 19, 2008: The facility appeared to be in compliance with permit number NC0062634. James and James Environmental Management appear to be doing a fine job operating and maintaining this facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff should have any questions, please call me at 828-296-4500, extension 4662. Sincerely, I �la (��- Ic , +t- Wanda P. Frazier Environmental Specialist Enclosure c' &VULOESWP Ash.ervllle..-Files DWQ-SWP Central Files James & James Environmental Mgmt w/ attachment G:\WPDATA\DEMWQ\Haywood\22454 midway Medical Center\22454 CEI 08.doc North Carolina Natmrally 2090 US Hwy 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. E P n/'� Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 I5I 31 NCO022454 Ill 121 08/12/19 I17 18ICI 19ISI 20IU ..J —1 I Remarks 21IIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111_I6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA —---- —------ —------- --- Reserved ----- ---------------- 67 I 1. o 169 70131 71 I I 72 J 731j 75I I I I I I 80 � 1 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:35 PM 08/12/19 06/12/01 Midway Medical Center -Canton Exit Time/Date Permit Expiration Date Hwy 19 23 Canton NC 28716 02:45 PM OB/12/19 11/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Marlene L Able,PO Box 1409 Canton NC 28716//828-627-2211/8286272216 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance IM Facility Site Review 11 Effluent/Receiving Waters Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date WaannddaP Frazier�J//////q� ARO WQ//�/828-296-4500 Extt..44{JG6/22//y/�(�/}j/y/��q Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date O__4_� ( 2— (3 0 A08 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 P NPDES yr/mo/day Inspection Type 3I NCO022454 I11 121 08/12/19 1 17 18N (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Records & Reports: A review of the files indicates that the last compliance evaluation inspection was conducted by Janet Cantwell. The permit expires on 1/31/2011. Please request a permit renewal 6 months prior to expiration. A renewal notice will be mailed as a reminder. The Annual Performance Report is due March 1, 2009. The log book was present on -site and had good notation of daily events. Operations & Maintenance / Summary: This facility appears to be well operated and maintained. Effluent: The effluent appeared to be clear, indicating compliance with permit limits. Deficiencies: Immediate action is required --- Access to the WWTP poses a slip and fall hazard for the operator who makes daily visits to the facility carrying process control equipment and supplies. The ditch needs to have a safe means of crossing, to eliminate possible injury and legal liabilities. On the day of the inspection, it was raining and the ditch bank was wet and very slippery, causing the inspector to slip and nearly fall. Please respond in writing, within 30 days, as to the corrective measures taken to eliminate this hazard and. liability. Failure to do so, may result in a Notice of Violation and possible civil penalty, from the Division of Water Quality. Page # 2 Permit: NCO022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 12/19/2008 Inspection Type:, Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? Im Cl n # Are there any special conditions for the permit? Cl Im n n Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? n Comment: AeVation Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ® n n n Are surface aerators and mixers operational? n n ® n Are the diffusers operational? ® Cl n ❑ Is the foam the proper color for the treatment process? ®n n Does the foam cover less than 25% of the basin's surface? ®❑ ❑ n Is the DO level acceptable? ®0 Cl n Is the DO level acceptable?(1.0 to 3.0 mg/1) ® n Q ❑ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ® Cl o 0 Is the site free of excessive buildup of solids in center well of circular clarifier? Cl n Are weirs level? ® n ❑ Is the site free of weir blockage? ®❑ ❑ Is the site free of evidence of short-circuiting? ®n n n Is scum removal adequate? ®C1 ❑ 11 Is the site free of excessive floating sludge? Cl n n Is the drive unit operational? n ❑ ® ❑ Is the return rate acceptable (low turbulence)? ®a n n Is the overflow clear of excessive solids/pin floc? ®n ❑ Is the sludge blanket level acceptable? (Approximately '/< of the sidewall.depth) ® n n n Page # 3 r. Permit: NCO022454 Inspection Date: 12/19/2008 Owner - Facility: Midway Medical Center -Canton Inspection Type: Compliance Evaluation Secondary Clarifier Yes No NA NE Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ ❑ Are the tablets the proper size and type? EN ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ®❑ ❑ ❑ Comment: Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ®❑ ❑ ❑ Is storage appropriate for cylinders? ❑ Cl❑ RE # Is de -chlorination substance stored away from chlorine containers? ❑ ❑ n Comment: Are the tablets the proper size and type? ®❑ ❑ Cl Are tablet de -chlorinators operational? ❑ Cl Cl Number of tubes in use? 1 Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? N 0 ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ Cl ❑ Judge, and other that are applicable? Comment: Page # 4 5VC (DBQ Laboratory Section W esuCts County: 1 0 010 Sample ID: AB35695 River Basin FRB PO Number# ARO Report To AROSP Collector: J CANTWELL v� � :�; :5 Date Received: Time Received: 09/18/2008 15:20 Region: ARO r L Labworks LoginlD KJIMISON Sample Matrix: WASTEWATER Date Reported: 10/3/08 Loc.Type: EFFLUENT Report Generated: 10/03/2008 Emergency Yes/No COC Yes/No Visitlo Loc. Descr.: MIDWAY MEDICAL-22454 —^Iv`�s�1 C / (X', o O V Location ID: MD A'tiV Collect Date: 0911812008 Collect Time:: 11:50 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more'determinations B1-Countable membranes with <20 colonies; Estimated 82- Counts from all filters were zero. B3- Countable membranes with more than 60 or 80 colonies; Estimated 84-Filters have counts of both >60 or 80 and < 20; Estimated B5-Too many colonies were present; too numerous to count (TNTC) J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated J3-The sample matrix interfered with the ability to make any accurate determination; Estimated J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated NI -The component has been tentatively identified based on mass spectral library search and has an estimated value ARO N3-Estimated concentration is < PQL and >MDL NE -No established PQL P-Elevated PQL due to matrix interference and/or sample dilution Q1-Holding time exceeded prior to receipt at lab. Q2- Holding time exceeded following receipt by lab PQL- Practical Quantftat(1 U- Samples analyzed foRAik _-''_pD 'rEc X1- Sample not analyzed iAi''thcom r: Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 OCT - s 2008 WATER QUALITY 5"MO " N ASHE\nLUPM_MNA!LPffI __ s �• :.�.�� y?.'tiili�s.�r�k�; •. ��'!3RifJD�Mat�.►�K.Cta.�zti.. location ID: MIDWAYMED NC (DWQ Laboratory Section Results Sample ID AB35695 . Loc. Descr.: MIDWAY MEDICAL-22454 Collect Date: 0911812008 Collect Time:: 11:50 Visit ID Anatyte Name PQL Result Qualifier Units Analyst/Date Approved By /Date Method Reference 9118/08 9/19/08 BOD, 5-Day in liquid 2.0 2 U MIA KJIMISON MOVERMAN Method Reference APHA5210B 9118/08 10/2108 Collfonn, MF Fecal in liquid 1 8 CFU1100m1 KJIMISON MOVERMAN Method Reference APHA9222D-20th 9118/08 9/25108 Residue Suspended In liquid 6.2 8.8 m91L KJIMISON MOVERMAN Method Reference APHA2540D-20th 9/23/08 1012/08 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM I) For Lab Use ONLY COUNTY y� PRIORITY SAMPLE TYPE RIVER BASIN Wi ,e. ❑ AMBIENT ❑ STREAM EFFLUENT REPORTT00FROMRO RRO WaRO WiRO WSRO TS AT BM ® COMPLIANCE ❑ LAKE ❑INFLUENT Other Shipped by: Bus, Courier, Staff; Other ❑ EMERGENCY ❑ ESTUARY Lab Number: �r7- Date Received: q, W Time: 15�Zv Rec'd b (iFrom: Bus -Courier -Hand Del. DATA ENTRY BY: CK: G� DATE REPORTED: COLLECTOR(��tQ�!9 /1. _ 0 Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: Seed: Yes ❑ No ❑ Chlorinated: Yes [I No ❑ 1 ODS 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 lifarm: MF Fecal 31616 /100m1 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /loom] 7 Coliform: Fecal Strep 31673 /100m] 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 11 Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg(L 14 pH 403 units 15 Acidity to pH 4.5 436 mg/L. 16 Acidity to pH 8.3 435 mg/L. 17 Alkalinity to pH 8.3 415 mg/L l8 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU un/dd) Time Begin Date /9 16-0 Chloride 940 mg/L Chl a 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color:pH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfite 945 ' mg/L Sulfide 745 mWL Depth DM DB DBM Value Type I Composite Sample Type A H L T S B C in GNXX NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromium;Total 1034 µ&fL Cu-Copper1042 µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L AI -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µg/L Fe -Iron 1045 µg/L Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg/L Na-Sodium 929 mg/L Arsenic:Total 1002 µg/L Se -Selenium 1147 µg/L Hg-Mercury 71900 µgI Organochlorine Pesticides 0rganophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only Temperature on arrival: Sampling Point % Conductance at 25°C Water Temperature °C D.O. m H Alkalinity Acidity Air Temperature °C pH 8.3 PH 45 pH 4.5 p 2 4 0 300 400 2244 431 2243 82242 20 Salinity & Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow SeveritT133350 Turbidity Severity Wind Velocity Mean Stream Depth ft. Stream Width ft. 80 5 2 6 1351 35 64 4 N (D La6orato ection esufts 1tA'fWO00t County: Sample ID: AB35844 River Basin FRB Iry PO Number # 8W7310 Report To AROSP Date Received: 09/2412008 Collector: J CANTWELL % >..r Time Received: 08:00 ' ti Labworks Logind SMATHIS Region: ARO ; = r Sample Matrix: WASTEWATER Date Reported: 10/3108 Loc. Type: EFFLUENT Report Generated: 10/03/2008 Emergency Yes/No ' CDC Yes/No VisitlD Loc. Descr.: MIDWAY MED 22545 Location ID: rj'IQIN YMED2-2454 Collect Date: 09/18/2008 Collect Time:: 00:00 Sample Depth Sample Qualifiers and Comments Routine Qualifiers For a more detailed description of these qualifier codes refer to www.dwqlab.org under Staff Access A -Value reported is the average of two or more determinations 81-Countable membranes with <20 colonies; Estimated N3-Estimated concentration is < PQL and >MDL B2-Counts from all filters were zero. NE -No established PQL 83-Countable membranes with more than 60 or 80 colonies; Estimated P-Elevated PQL due to matrix interference and/or sample dilution 64-Filters have counts of both >60 or 80 and < 20; Estimated Q1-Holding time exceeded prior to receipt at lab. BS-Too many colonies were present; too numerous to count (TNTC) Q2- Holding time exceeded following receipt by lab PQL- Practical Quantitation Limit-sub'ect to Chan a due to instrur J2- Reported value failed to meet QC criteria for either precision or accuracy; Estimated ` J3-The sample matrix interfered with the ability to make any accurate determination; Estimated U- Samples analyzed for this cc yn X1- Sample not analyzed for this ripound J6-The lab analysis was from an unpreserved or improperly chemically preserved sample; Estimated 6 N1-The component has been tentatively identified based on mass spectral library search and has an estimated value t• �� j� L LAB pk vak, i VE, OCT — 8 2008 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 1 p,SH LL REGI 1,NL- OFFICE XC WQQ Laboratory Section ResultsSampleID AB35844 Location ID: MIDWAYMED22454 Collect Date: 09l18/2008 Loc. Descr.: MIDWAY MED 22545 Collect Time:: 00:00 Visit ID NUT VH5 7F Analyte Name Sample temperature at receipt by lab Method Reference NH3 as N in liquid Method Reference LaclO-107-06-1-J 0.02 Result 37 Units Analyst/Date Approved By /Date °C DSAUNDERS SMATHIS 9/24/08 9/24/08 mg/LasN MOVERMAN CGREEN 9124/08 10/3/08 Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 7333908 Page 2 of 2 73 DIVISION OF WATER QUALITY WATER QUALITY FIELD -LAB FORM (DM I) For Lab Use ONLY COUNTY PRIORITY SAMPLE TYPE RIVER BASIN �. ❑ AMBIENT ❑ STREAM EFFLUENT REPORT T . AR FRO MRO RRO WaRO WiRO WSRO TS AT BM COMPLIANCE ❑ LAKE ❑INFLUENT Other Shipped by: Bus, .ourie Staft Other s ❑ EMERGENCY ❑ ESTUARY COLLECTOR(Sj� Estimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: 00 Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ Lab Number; 1�7 J a Date Receive Time. Rec'd b From: Bus -Courier and DATA ENTRY BY: CK: DATE REPORTED: Stations 9 Date Begin (yy/mm/dd) Time Begin Date End Time End Depth DM DB DBM Value Type Composite Sample Type dJ&AY lb&b 0909119 1 A H L T S B C n GNXX 1 BODS 310 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 Coliform: MF Fecal 31616 /100m1 5 Coliform: MF Total 31504 /100m1 6 Coliform: Tube Fecal 31615 /100m1 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L I 1 Residue: Suspended 530 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 units 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 690 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L, Chl a 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI ColorpH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mgfL Sulfide 745 mg/L AOO NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromium;Total 1034 µg/L Cu-Copper 1042 µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L AI -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µg L, Fe -Iron 1045 µgfL Li -Lithium 1132 pg/L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µ91L Na-Sodium 929 mg/L Arsenic:Total 1002 µg/L, Se -Selenium 1147 µg/L Hg-Mercury 71900 µg/L Organochlorine Pesticides Organophosphorus Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only v Temperature on arrival: Sampling Point % Conductance at 25oC Water Temperature oC D.O. mg/L H Alkalinity Acidi Air Temperature °C pH 8.3 pH 4 5 pH 4.5 p82242 2 4 0 300 400 244 431 2243 20 Salinity %o Precipitation (in/day) Cloud Cover % Wind Direction (Deg) Stream Flow Severity Turbidity Severity Wind Velocity Mean Stream Depth ft. Stream Width ft. 80 5 2 36 1351 1350 35 64 4 orth Carolina De artment Li FILE CPY SURFACE WATER PROTECTION SECTION September 30, 2008 Ms. Marlene .L. Able - Midway Medical Center P.O .Box 1409 Canton, North Carolina 28716 Michael F. Easley, Governor William G. Ross Jr., Secretary ironment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SUBJECT: Compliance Sampling Inspection Status: Compliant Midway Medical Center WWTP-Canton Permit No: NCO022454 Haywood County Dear Ms. Able: Enclosed please find a copy of the Compliance. Sampling Inspection form from the inspection conducted on September 18, 2008. The facility appeared to be in compliance with permit NC0022454. James & James Environmental is doing a fine job of operating this.facility. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions,- please call me at 828-296-4500, Ext. 4667. Sincerely, 4-6 Zane Cantwell Environmental Specialist Enclosure DWQ Central Files James & James Environmental/ ORC w/ attachment G:\WPDATA\DEMWQ\Haywo6d\22454 midway Medical Center\22454-CS1.08.doc None Carolina iura!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I ul 2 151 31 NCO022454 111 12I 08/09/18 117 181 cl 191 c1 201 J IJ lJ LJ Remarks 211111111111111IIIIIIIIIIIIIIIIIIIIII11111Jill 1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA - — -- -- -----------Reserved------------------ 67 I 169 70 U 71 U 72I N I 73 Lj_j 74 751 I I I I I Li 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 11:15 AM 08/09/18 06/12/01 Midway Medical Center -Canton Exit Time/Date Permit Expiration Date Hwy 19 23 Canton NC 28716 12:00 PM 08/09/18 11/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Juanita Reed James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Marlene L Able,P0 Box 1409 Canton NC 28716//828-627-2211/8286272216 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ Sig ture of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date © 3a o EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type. 1 SI NC0.022454 I11 12I 08/09/18 I17 18Ie' Section D: Summary of Finding/Comments (Attach additional) sheets of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. Records and Reports were available and on site. The Annual Report has been filed for the year. Bar screens are in need of replacement. Effluent was clear. Compliance Sampling was done during the inspection and will be sent separately when received from the lab. Page # 2 Permit: NCO022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 09/18/2008 Inspection Type: Compliance Sampling Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ IN ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ®❑ ❑ Is access to the plant site restricted to the general public? ®❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ® ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ®❑ ❑ ❑ Judge, and other that are applicable? Comment: The bar screens are in need. of replacement. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ®❑ ❑ ❑ Is all required information readily available, complete and current? N ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ 0 ❑ Is the ORC visitation log available and current? 0 ❑ ❑ -❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ ❑ Cl Is the backup operator certified at one grade less or greater than the facility classification? ■ ❑ ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ ❑ ❑ Page # 3 Permit: NCO022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 09/18/2008 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? 0 0 Q Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ®❑ ❑ El Are surface aerators and mixers operational? ❑ ❑ ® ❑ Are the diffusers operational? ■ Is the foam the proper color for the treatment process? 0 0. El ❑ Does the foam cover less than 25% of the basin's surface? ■ n 0 r=1 Is the DO level acceptable? ❑ 0 0 Is the DO level acceptable?(1.0 to 3.0 mg/1) 0 Cl Q � Comment: Secondary Clarifier Yes No .NA NE Is the clarifier free of black and odorous wastewater? 0 Cl Q Cl Is the site free of excessive buildup of solids in center well of circular clarifier? 11 Q Are weirs level? ❑ Is the site free of weir blockage? C3 Q Cl Is the site free of evidence of short-circuiting? ©11 Q Is scum removal adequate? Q Cl Cl Is the site free of excessive floating sludge? Cl Cl Q Is the drive unit operational? 11 0 ® 0 Is the return rate acceptable (low turbulence)? ❑ Is the overflow clear of excessive solids/pin floc? ❑ Cl 0 Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ❑ ❑ Q Are the tablets the proper size and type? ❑ ❑ ❑ Number of tubes in use? 1 Page # 4 Permit: NC0022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 09/18/2008 Inspection Type: Compliance Sampling Disinfection -Tablet Yes .No NA NE Is the level of chlorine residual acceptable? ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ®❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ®❑ ❑ ❑ Comment: De -chlorination Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment: Yes No NA NE Tablet ®❑❑❑ ❑ ❑ N ❑ ■ ❑ ❑ ❑ ®❑ ❑ ❑ ■ ❑ ❑ ❑ 1 Page # 5 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX August 5, 2008 LEJ L(_ E_7 North Carolina Division of Water Quality 1 Janet Cantwell i AUG - 7 2008 2090 US Highway 70 Swannanoa, NC 28778 --- WATER QUALITY SECTION Midway Medical Center ASHEV!I-LE REGIONAL OFFICE Marlene Able - PO Box 1409 Canton, NC 28716 RE: NOV-2008-LV-0325 Permit Number NCO022454 Dear Ms. Cantwell, Thank you for bringing this error to my attention. This letter is in reference to your letter dated July 14, 2008 regarding the monthly non-compliance for Ammonia Nitrogen in April 2008. The non -compliant Ammonia Nitrogen was addressed with the addition of Soda Ash and additional air to the system. The system regained compliance for May, 2008. Please accept this explanation for the actions taken. Thank you, uanita James U W.A:7-F Michael F. Easley, Governor Q William G. Ross Jr., Secretary `0 North Carolina uepartment of Environment and Natural Resources 1 r Coleen H. Sullins, Director Division of Water Quality o Asheville Regional Office SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Marlene L. Able Midway Medical Center P.O. Box 1409 Canton, North Carolina 28716 Dear Ms. Able: July 14, 2008 7002 0460 0001 9899 7262 Subject: NOTICE OF VIOLATION NOV-2008-LV-0325 Permit No. NCO022454 Midway Medical Center WWTP-Canton Haywood County A review of Midway Medical Center -Canton's monitoring report for April 2008 showed the following violation: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total (as N) 04/30/08 6 mg/I 7.25 mg/I Monthly Average Exceeded It was also noted that the Compliance box on the back of the DMR.was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation of the reason for the non-compliance. Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section cUA eFrle DWQ Central Files Bob Guerra/ Enforcement Files James & James Environmental Mgmt./ ORC. G:\WPDATA\DEMWQ\Haywood\22454 midway Medical Center\NOV-2008-LV-0325.22454.doc A NcorthCarolina naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.newaterouality.org FAX (828)299-7043 1-877-623-6748 111 James James Environmental M t.,'Inc. System: �� ��'tin Permif, Number: Midway Medical Center ��� - _ - --� NCO022454 ,1 16 . 1 1 2008 lt e MAR JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 6?7-006&. PERFORMANCE ANNUAL RE 2007 PfijEP'QtE1VED I. General Information Facility/System Name: MIDWAY MEDICAL- CENTER MAR - 3 2008 Responsible Entity: JAN GROVE Person, in Charge/Contact: _t a ff' DFNR+ y XER. DUALITY Applicable Permit(s): NCO022454 POINT t=CE BRANCH Description of Collection.System or Treatment Process: A 5,000 gallon extended aeration basin with gravity flow, clarifier, chlorination unit and chlorine contact chamber. II. Performance Text Summary of System Performance for Calendar Year 2007 This facility ran very well in 2007. There were no major repairs that occurred this year. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. none III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to.each of their users. A certified statement will be sent to the State when this issue has been rectified. James James Environmental Mgt., Inc. System: Permit Number: Midway Medical Center NCO022454 IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has been given to the Owner of this Entity with explicit directions to make .the user aware of the availability of this report and the location with which a copy can be either viewed. or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter.of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management Responsible Person Title Entity 2120108 Date James James Environmental Mgt., Inc. System: Midway Medical Center JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. . General. Information Facility/System. Name: MIDWAY MEDICAL CENTER Responsible Entity: JAN GROVE Person in Charge/Contact:Kt Applicable Permit(s): NCO022454 Permit Number: NCO022454 A copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James .& James Environmental Management and should be in your possession at this time. On that report, the certification. was stated that I, the owner.of this Entity, has received a copy of this report and was directed to give the users knowledge of the report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management is. complete and accurate to the best of my knowledge. 1 further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Responsible Person Title Entity Date nF W A1'F Michael F. Easley, Governor 1 Q William G. Ross Jr., Secretary `Q North Carolina Departmen. _.�vironment and Natural Resources jr - Alan W. Klimek, P.E. Director Q Division of Water Quality Asheville Regional Office JlYid't'<5+w�aRv`t�S$Fr.Tn•'h: "1»i]'Y -3 4t�2. SURFACE WATER PROTECTION XF I L-1. I March 2, 2007' .«.:Ydsg4s2•+ia:R2::t+.c�gF?,�:v:,�urtecY*sr>»-..;rs^.:+:P- Ms. Marlene L. Able Midway Medical Center P.O. Box 1409% Canton, North Carolina 28716 SUBJECT: Compliance Evaluation Inspection Status: Compliant Midway Medical Center -Canton Waste Water Treatment Plant Permit No: NCO022454 Haywood County Dear Ms. Able: Enclosed please find a copy of the Compliance Evaluation Inspection form- from the - inspection conducted on February 20, 2007. The facility appeared to be in compliance -with Permit # NC0022454. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, et Cantwe Environmental Specialist Enclosure WQ Central Files, wl attachmenT. James & James Environmental, w/ attachment ' �C Carob a atctral 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency EPA Washington, D.C. 20460 Form Approved. OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type . Inspector Fac Type 1 I ig 2 I s 31 N00022451 111 121 07/02/20 117 �J 181 rl 191 GI 20�I lJ I-1 21111111111111111111Remarks 111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA - - -- --- ------Reserved---------- -- 671 I69 70u 71I 721 I 73Il__Ll74 751 I I I I I 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Midway Medical Center -Canton 01.:45 PM 07/02/20 06/12/01 Exit Time/Date Permit Expiration Date Hwy 19 2.3 Canton NIC 28716 02:10 PM 07/02/20 1.1/01/31 Name(s) of Onsite Representative(s)Ttles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Ma.r..lene L Able,PC, Box 1.409 Canton NC 2.8716//828-627-2211/8286272216 Iic Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance E Records/Reports Self -Monitoring Program Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) PJ Agency/Office/Phone and Fax Numbers Date Janet Cantwell ARC) wQ//828-296-4500 Ext.4667/ Signature of Mana ement Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 r NPDES yr/mo/day Inspection Type (cont.) 1 3I NC00221L4 I11 12I 07/02/20 117 18, Section D: Summary of Finding/Comments (Attach additional sheets.of narrative and checklists as necessary) Juanita James of James & James Environmental assisted in the inspection of this facility. The previous compliance evaluation inspection was conducted on June 14, 2006. A review of the files indicates that the permit expires January 31, 2011. The Annual Performance Report has been filed for the year. The aeration basin process control data on the day of the inspection: Dissolved Oxygen = 9.2 mg/I Temperature = 4 degrees Celcius pH = 6.5 units The effluent data on the day of the inspection: Dissolved Oxygen = 5.4 mg/1 Temperature = 4 degrees Celcius pH = 6.2 units The log book was present on -site and had good records of daily events. The effluent was clear. This facility appears to be well operated and maintained and the operator is doing a good job. Page # 2 Permit: NCO022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? 130 ❑ ❑ Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: ` Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? ❑ ❑ ❑ ■ Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling ❑ Results of analysis and calibration Cl Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ •❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? ■ Cl ❑ ❑ Is a copy of the current NPDES permit available on site? ■ ❑ Cl ❑ Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Page # 3 r Permit: NCO022454 Inspection Date: 02/20/2007 Owner - Facility: Midway Medical Center -Canton Inspection Type: Compliance Evaluation Operations,_&_Maintenance Yes No NA NE Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? ❑ Cl ■ ❑ Are the diffusers operational? ■ Cl ❑ ❑ Is the foam the proper color for the treatment process? ■ ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ■ ❑ ❑ ❑ Is the DO level acceptable? ❑ ■ ❑ Cl Is the DO level acceptable?(1.0 to 3.0 mg/1) ❑ ■ ❑ ❑ Comment: The DO was measured at 9.2 mg/L. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ ❑ Are weirs level? ■ ❑ ❑ rl Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ ❑ Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑" Is the return rate acceptable (low turbulence)? ■ ❑ fl ❑ Is the overflow clear of excessive solids/pin floc? ■ Cl ❑ ❑ Is the sludge blanket level acceptable? (Approximately %4 of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ 11 fl ❑ Are the tablets the proper size and type? ■ 11 ❑ ❑ Page # 4 r Permit: NC0022454 Owner - Facllity: Midway Medical Center -Canton Inspection Date: 02/20/2007 Inspection Type: Compliance Evaluation Disinfection -Tablet Yes No NA NE Number of tubes in use? 1 Is the level of chlorine residual acceptable? ❑ ❑ ❑ ■ Is the contact chamber free of growth, or sludge buildup? ■ ❑ 0 ❑ Is there chlorine residual prior to de -chlorination? Q ❑ ❑ ■ Comment: Page # 5 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departme Environment and Natural Resources February 27, 2007 Marlene Able Midway Medical Center P.O. Box 1409 Canton, NC 28716 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Permit Number: NCO022454 Case Number: LV-2006-0238 Haywood County Dear Ms. Able: Alan W. Klimek P E Director _ •,_ � D�visioh-of 1N��}}"pp."��.,((��uali{{���� e . . - . ' 1+®�v 4 'Y`. �i.�D `?tK e.;3➢p?�un'YF . r. F FF � 2 8 2007 ► aWATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE ) J This letter is to acknowledge receipt of check number 44837 in the amount of $350.00 received from you dated February 15, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way T precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, 1 Carolyn Bry t cc: DWQ Asheville Regional -Off ce Superviso- Central Files I W(carolm- a Naaturally 1617 Mail Service Center` Raleigh, NC 27699-1617 (919) 733-7016 Customer Service 1 800 623-7748 N `MIDWAY MEDICAL CENTER'' '`. pHsi emzSxs enx& ' -,'44831 . '... P.O. eox loos .-. &TRUST COMP& . .,. .. . -C M, NORTH CAROONA M 6 .. .. ., C MITON� NG. W16 .; 02/15/07 . ..: oaomn , NC DENR CASE # LV-2006-0238 ., '.," & '! ,350.00 Three Hundred Fifty & 001100 Dollars DMLAM NC DENR CASE # LV•2006.0238 . ATTN: ROBERT GOERRA ,- t - 1617 MAIL SVC CENTER AvrNORm sioiwroRe RALEIGH NC 27699.1617 ' MEMO,.. , ... .. Q k OF W A � C� Q Michael F. Easley, Governor William G. Ross Jr., Secretary t; North Car.,....,. —epartment of Environment and Natural Resources Alan W. Klimek, P.E. Director O 'C Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION L WwoZ- April 17, 2007 ' CERTIFIED MAIL ___L_ E RETURN RECEIPT REQUESTED 7006 2150 0005 2459 5496 Ms. Marlene L. Able Midway Medical Center P.O. Box 1409 Canton, North Carolina 28716 - Subject: NOTICE OF VIOLATION NOV-2007-LV-0203 Permit No. NCO022454 Midway Medical Center WWTP Haywood County Dear Ms. Able: A review of Midway Medical Center -Canton's monitoring report for November 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Nitrogen, Ammonia Total 11/30/06 12 mg/I 13.4 mg/I Monthly (as N) Average Exceeded Remedial actions should be taken to correct this problem. It was also noted that the Facility Status box on the back page was checked "Compliant" when in fact it should have been checked "Noncompliant." The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water -Protection WQ Central Files Bob Guerra/Enforcement Files James & James Environmental / ORC ��7090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 One NorthCarolina Naturally Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department c "i,.,ronment and'Natural Resources February 21, 2007 Marlene Abel Midway Medical Center P. O. Box 1409 Canton, NC 28716 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Midway Medical Center -Canton Permit Number: NCO022454 Case Number: LV-2006-0238 Haywood County Dear Ms. Able: Alan W. Klimek, P.E. Director Division of Water Quality I F E B 2 6 2007 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This letter is to acknowledge receipt of check number 44837 in the amount of $350.00 received from you dated February 15, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Bob Guerra at 919-733-5083 Ext. 539. Sincerely, V Carolyn Brya t f .,r cc: Q slhevi'1`le Reny nay Office Supevi� sow_ Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Nne or hCarolina Natuml& MIDWAY MEDICAL CENTER P.O. BOX 1406 CANTON, NORTH CAPUUNA M716 PAY TO THE ORDER OF NC DENR CASE # LV-2006.0238 ""'"'""' Three Hundred Fifty & 00/100 Dollars NC DENR CASE # LV-2006.0238 ATTN: ROBERT GUERRA. 1617 MAIL SVC CENTER RALEIGH, NC 27699-1617 MEMO FIRST CITIZENS BANK & TRUST COMPANY CANTON, N C. 28716 66 3D/631 44837 02/15/07 $ "" *350.00 C rans AUTHORIZED SIOIIATURE E M^ 01/13/2J07 11:30 FAX 8286969738 - 'Y HARRYJAbIE S Il 0 0 2 January 13, 2007 i)ott Price DENR 2090 US ,Highway 70 Swannanoa, NC 28778 JAM; S & JAMES'ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OPFIC:E (828) 697-0065 FAX Re. Notice of Violation dated January 3, 2007 Permit Number: NCO022454 NOV-2007-LV-0003 i Dear Mr. Price, This letter is in reference to the Notice of Violation received by James & James Environmental on January 9, 2007, "file violation was for Midway Medical Center in regard to the elevated Ammonia Nitrogen level. The monthly average was exceeded. James & James began a Soda Ash regiment, adding several pounds per day to combat the strong ammonia nitrogen entering the facility once the first elevated result was received. The levels did drop, but not quickly enough to bring the facility into compliance for September, The facility did regain compliance in October. If you have any additional questions, please contact me. Thank you for your attention in this matter. With highest regards, 1 am Very truly yours, qI". 0,-Cm" uanita James ID E�A�1�E JN6207IDI WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Mich l F. L., G Wor i r. C 3'xJ William G. Ro$sJr;, Secretary;° North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION January 3, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 4311 Ms. Marlene L. Able Midway Medical Center PO Box 1409 Canton, NC 28716 Subject: NOTICE OF VIOLATION NOV-2007-LV-0003 Permit number NCO022454 Midway Medical Center -Canton Haywood County Dear Ms. Able: A review of Midway Medical Center's monitoring report for September 2006 showed the following violations: Parameter Date Limit.Value Reported Value ' Limit Type Total Ammonia Nitrogen 09/30/06 6 mg/I 7.08 mg/I Monthly Average Exceeded Remedial actions should be taken to correct this problem. The Division of Water"Quality may pursue enforcement action for this and any additional violations of State law. P. No thCarolina 2090 US Highway 70, Swannanoa, NC 28778 828/296-4500 (Telephone) 828/299-7043 (Fax) Customer Service 877-623-6748 Nahirally Ms.' Marlene L. Able Midway Medical Center January 3, 2007 Page 2 of 2 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants and Collection Systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Sincerely, d Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: \Bob Guerra, NPDES Point Source Compliance Enforcement :.ti,As"" _641:I6-RO.=, facilityfile -:--� WQ Central Files r `C W'� TF r�O RQ Qa r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Q s, k Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 18, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1169 Ms. Marlene L. Able Midway Medical Center PO Box 1409 Canton, NC 28716 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022454 Midway Medical Center -Canton Case No. LV-2006-0238 Haywood County Dear Ms. Able: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00 ($250.00 civil penalty + $100.00 enforcement costs) against Midway Medical Center. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Midway Medical Center for the month of May 2006. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022454. The violations which occurred in May 2006 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Midway Medical Center violated the terms, conditions or requirements of NPDES Permit NCO022454 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Roger C Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Midway Medical Center: Nose Carolina Naturally (�, 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 ATTACHMENT A Midway Medical Center CASE NUMBER: LV-2006-0238 PERMIT: NCO022454 FACILITY: Midway Medical Center -Canton COUNTY: Haywood REGION: Asheville Limit Violations MONITORING 0UTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 5-2006 001 Effluent NH3-N 05/31/06 2 X month mg/I 6 15.7 161.67 Monthly Average Exceeded I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for Ammonia Nitrogen (NH3-N). 250.00 TOTAL CIVIL PENALTY 100.00 Enforcement Costs 350.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The. prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 276994617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness, of the amount . of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed, "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 �G 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to . General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within.thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact me or Wanda Frazier of the AshevilleAsheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS ce.: Reg onaai Supervisor-w-attach ments Wanda Frazier 0 w/attachmeriis Bob Guerra — NPDES Point Source Compliance Enforcement - w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0238 County: Haywood Assessed Party: Midway Medical Center Permit No.: NC0022454 Amount Assessed: $350.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil- penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST MIDWAY MEDICAL CENTER PERMIT NO. NCO022454 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0238 Having been assessed civil penalties totaling $350.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 18, 2006, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 DIVISION OF V ER QUALITY - CIVIL PENALTY X 3SMENT (FILE) Violator: Midway Medical Center County: Haywood Case Number: LV-2006-0238 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 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 is not quantifiable. All limits violations of the permit are considered to impact water quality. 2) The duration and gravity of the violation; The monthly average ammonia nitrogen limit is 6.0 mg/l. The highest daily maximum value for the month occurred on May 16, 2006. This value was 21.6 mg/l, which caused the monthly average limit of 6.0 mg/1 to be exceeded by 162%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water quantity or on air quality was not measureable at the time of the violation. 4) The cost of rectifying the damage; The cost of rectifying the damage is the amount saved by not making chemical additions or operational changes. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is not known. 6) Whether the violation was committed willfully or intentionally;. The violation did not appear to be willfull or intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no other enforcement cases or NOVs issued within the past year. 8) The cost to the State of the enforcement procedures. The cost to the State of the enforcement procedures is $100.00. ate Ro er . Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department _:.vironment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION July 12, 2006 Ms. Jan W. Grove Medical Administrator Midway Medical Center PO Box 1409 Canton, North Carolina 28716 SUBJECT: Compliance Evaluation Inspection Status: Compliant Midway Medical Center WWTP Permit No: NCO022454 Haywood County Dear Ms. Grove: Enclosed please find a copy of the Compliance Evaluation Inspection form from the inspection conducted on June 14, 2006. The facility appeared to be in compliance with Permit # NC0022454. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500, Ext. 4667. Sincerely, Ynetantwell Environmental Technician Enclosure cc:-WQ Ashev_ (Is Files,;mow/ afitacfi_rnenyt �WQ ntral Files, w/ attachment James and James Environmental, w/ attachment NorthCarolina �rriirra!!� 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. E P /� Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 1 N1 2 151 31 NC0022454 1 11 121 06/06/14 117 181CI 191.1 20I I LJ Remarks 211111 11111111111111111111 111111111111 111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ---- ------- ------ —----- Reserved --- --------------- -- 671 169 701 1 71 11 72 i N i 73I I 174 751 I I I I I I 180 u W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Midway Medical Center -Canton 10:45 AM 06/06/14 05/05/01 Exit Time/Date Permit Expiration Date Hwy 19 23 Canton NC 28716 11:45 AM 06/06/14 06/11/30 Name(s) of Onsite Representative (s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Marlene L Able,PO Box 1409 Canton NC 28716//828-627-2211/8286272216 YeSted Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Flow Measurement ■ Operations & Maintenance N Records/Reports Self -Monitoring Program ■ Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Janet • Cantwell �- ARO WQ//828-296-4500 Ext.4667/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Forn°13560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NC0022454 I11 12I 06/06/14 I1' 18ICI Section D: Summary'of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Harry James/ORC and Timothy James assisted in the inspection of this facility. Renewal application has been submitted for this facility. The facility is well -operated and maintained. Records and reports were on site and complete. Effluent was clear. Access to the effluent discharge pipe should be maintained. Page # 2 Permit: NCO022454 inspection Date: 06/14/2006 Permit Owner- Facility: Midway Medical Center -Canton Inspection Type: Compliance Evaluation (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Renewal application has been submitted for this facility. Permit will expire November 30, 2006. Yes No NA NE ■❑❑❑ ❑■❑❑ ■ ❑ ❑ ❑ ■❑❑❑ Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: The facility is well -operated and maintained. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ ❑ ❑ ❑ Is all required information readily available, complete and current? ■ 0011 Are all records maintained for 3 years (lab. reg. required 5 years)? ■ 0011 Are analytical results consistent with data reported on DMRs? ❑ ❑ ❑ ■ Is the chain -of -custody complete? ❑ ❑ ❑ ■ Dates, times and location of sampling ❑ Name of individual performing the sampling Cl Results of analysis and calibration ❑ Dates of analysis ❑ Name of person performing analyses ❑ Transported COCs ❑ Are DMRs complete: do they include all permit parameters? ■ ❑ ❑ ❑ Has the facility submitted its annual compliance report to users and DWQ? ■ ❑ ❑ ❑ (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? ❑ ❑ ■ ❑ Is the ORC visitation log available and current? ■ ❑ ❑ ❑ Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ Cl ❑ Page # 3 Permit: NCO022454 Owner - Facility: Midway Medical Center -Canton Inspection Date: 06/14/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n ❑ Facility has copy of previous year's Annual Report on file for review? ■ n n n Comment: Records and reports were on site and complete. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ ❑ Are surface aerators and mixers operational? n F1 Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n ■ n Are weirs level? ■ n n n Is the site free of weir blockage? ■ n n O Is the site free of evidence of short-circuiting? ■ n n n Is scum removal adequate? ■ ❑ n n Is the site free of excessive floating sludge? ■ n n n Is the drive unit operational? fl ❑ ■ Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ ❑ n n Is the sludge blanket level acceptable? (Approximately % of the sidewall depth) ■ n n n Comment: Disinfection -Tablet Yes No NA NE Page # 4 Permit: NC0022454 Inspection Date: 06/14/2006 Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Owner- Facility: Midway Medical Center -Canton Inspection Type: Compliance -Evaluation Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: Effluent was clear. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: Access to the effluent discharge pipe should be maintained. Yes No NA NE ■❑❑❑ ■❑❑❑ 1 ❑❑❑■ ■ ❑ ❑ ❑ ❑❑❑■ Yes No NA NE ❑ ■ ❑ ❑ Page # 5 Michael F. Easley, Governor "`�nrawz•vsy William G. Ross Jr., Secretary rt Carolina Department of Environment and Natural Resources r Coleen H. Sullins, Director - "" "T �,•... _ Division of Water Quality SURFACE WATER PROTECTION SECTION September 6, 2007 Marlene Able Midway Medical Center PO Box 1409 Canton, NC 28716 SUBJECT: Wastewater Collection System Owner & Operator Requirements Midway Medical Center -Canton NCO022454 Haywood County Dear Ms. Able: I would like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 1.5 NCAC .02H .0200 in March 2000 and are now found in 15 NCAC 2T .0403, Waste Not Discharged to Surface Waters, which became effective September 1, 2006. These Regulations place significant operation, maintenance and reporting requirements on those entities that own or operate a wastewater collection system with average daily flows of less than 200,000 gallons per day. These regulations are applicable to your facility. This letter is provided as guidance to assist you in complying with the new reporting and operations and maintenance (O&M) requirements and to advise you that you are subject to system review, inspections and possible enforcement, if the system is not in compliance with the regulation.. For your convenience and easy reference, a highlight of these requirements and the following guidance are offered (see enclosed). You may find the regulations using the following web site: httwl/h2o.enr.state.nc.us/peres/Collection%20Systems/CoIlectionSystemsHome.htmI The Asheville Regional Office will be increasing the level of oversight, compliance activities and enforcement relating to collections systems, therefore, we wanted to be sure you are aware of ,the requirements for these systems. We will be performing NPDES Wastewater Collection System inspections sometime in the near future. NooIr hCarolina Nirturally North Carolina Division of Water Quality 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Internet: www..ncwaterquality.org Customer Service 1-877-623-6748 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper September 6, 2007 Page 2 of 2 If this Office has not previously inspected your wastewater collection system and records of same, you should be prepared to demonstrate compliance with all criteria listed above. Enclosed is an inspection form that you can use to assemble your records prior to an inspection by the staff of this Office. This Office has a Wastewater Treatment Plant Consultant on staff to offer assistance to you in complying with the requirements of these regulations. Should you have questions or n-a d-additional-information-regarding-.this is�sue,—please contact -Dan -Price at-(828)-296=4500. ---- Should you have any other questions concerning this correspondence or the requirements relating to collection systems, please contact Roy Davis or Keith Haynes at 828- 296-4500. Sincerely, -)9V (f - ZE-Zv" Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures %t�gh-evjll enclosur_es�_.. DWQ - SWPS - Central Office Files - w/out enclosures-- �TTr Permit Number WQCSD0440 Central Files: APS SWP 09/01 /09 Permit Tracking Slip Program Category Status Project Type Non -discharge Active New Project Permit Type Version Permit Classification Deemed permitted collection system management and operation 1.00 Individual Primary Reviewer Permit Contact Affiliation wanda.frazier Coastal SW Rule Permitted Flow Facili Facility Name Major/Minor Region Midway Medical Center -Canton Minor Asheville Location Address County Hwy 19 23 Haywood Canton NC 28716 Facility Contact Affiliation Owner Name Owner Type Midway Medical Center Non -Government Owner Affiliation Marlene L. Able PO Box.1409 Canton NC 28716 Dates/Events Scheduled Orig Issue. App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 12/19/08 12/19/08 12/19/08 12/19/08 Regulated Activities Hospital Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin \ �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary March 19, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 00021965 9615 Ms. Jan W. Grove Midway Medical Center P.A. P.O. Box 1409 Canton, North Carolina 28716-1409 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022454 Midway Medical Center P.A. Midway Medical Center WWTP Case No. LV-2014-0024 Haywood County Dear Ms. Grove: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50 ($450.00 civil penalty + $147.50 enforcement costs) against Midway Medical Center P.A. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Midway Medical Center P.A. for the month of November 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022454. The violations which occurred in November 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Midway Medical Center P.A. violated the terms, conditions or requirements of NPDES Permit NCO022454 and G.S. 143- 215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person, who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Midway Medical Center P.A.: Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/weblwq S An Equal Opportunity/ Affirmative Action Employer 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES.Permit No. $250.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $450.00 TOTAL CIVIL PENALTY $147.50 Enforcement 'Costs $597.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/ Enf6rcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission ormitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must ,,;�'accompamed by a waiver of your rigs an. administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. 1 (b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty, will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for. Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ..g 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transnuzoion. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. . Sincerel G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office F."tN IITO ITI"ZIR c VQTRegtoza Sfuperv`sorw,/attach_-rnents NPDES Point Source w/ attachments WQ Central Files w/ attachments James & James Environmental/ ORC w/ attachments G:\WR\bVQ\Haytivood\Wastewater`dVlinor',A9idway Medical Center 224541LV-2014-0024.doc (Prior NOV-2014-LV-0054) JUST [CATION FOR REMISSION REOI fT DWQ Case Number: LV-2014-0024 County: Haywood Assessed Party: Midway Medical Center P.A. Permit No.: NCO022454 Amount Assessed: $597.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the. violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLYAtx DEPARTM_., T OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND MIDWAY MEDICAL CENTER P.A. MIDWAY MEDICAL CENTER WWTP ) STIPULATION OF FACTS PERMIT NO. NCO022454 ) FILE NO. LV-2014-0024 Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 19, 2014, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to'the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidencein support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Midway Medical Center P A CASE NUMBER: LV-2014-0024 PERMIT: NCO022454 FACILITY: Midway Medical Center WWTP COUNTY: Haywood REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 11-2013 001 Effluent TSS - Conc 11/22/13 Weekly mg/I 45 103 .128.89 Daily Maximum Exceeded $100.00 11-2013 001 Effluent TSS - Conc 11/26/13 Weekly mg/I 45 185 311.11 Daily Maximum Exceeded $250.00 11-2013 001 Effluent TSS - Conc 11/30/13 Weekly mg/I 30 77.05 156.83 Monthly Average Exceeded Permit Enforcement History Details by Owner Owner: Midway Medical Center P A Facility: Midway Medical. Center WWTP Permit: NCO022454 Region: Asheville County: Haywood 03/14/14 1 Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance I'm Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-2000-0207 06/01/00 $1,000 $49.28 06/23/00 08/02/00 $.00 10/12/00 $.00 $1.049.28 $.00 No 12/20/00 LV-2002-0215 06/04/02 $250 $49.28 $299.28 $.00 No 07/16/02 i LV-2003-0384 2-2003 05/19/03 $250 $100.00 $350.00 $.00 No 08/22/03 , LV-2006-0238 5-2006 07/18/06 $250 $100.00 $350.00 $.00 No 02/21/07 LV-2009-0126 1-2009 04/20/09 $250 $70.00 $320.00 $.00 No 05/08/09 LV-2010-0208 3-2010 07/06/10 $200 $67.00 07/13/10 03/25/11 $.00 $267.00 $.00 No 05/27/11 LV-2014-0024 11-2013 03/14/14 $450 $147.50 $597.50 No Total Cases: 7 Total Penalty Amount: $2,650 Total Enforcement Cost: $583.06 Sum of Total Case Penalties: $3,233.06 Sum of Total Paid: $2,635.56 Total Balance Due: Total Penalties after remission(s): $597.50 $3,233.06 DIVISION OF WATER "SOURCES - CIVIL PENALTY ASS�,06"MENT (FILE) Violator: Midway Medical Center P.A. / NCO022454 (November2013 nMR) (Prior NOV-2014-LV-0054) County: Haywood Case Number: LV-2014-0024 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Daily Max TSS's exceeded the permit limit by 128.88 % & 311.11 % One Monthly Average TSS exceeded the permit limit by 156.83 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and more time spent on site operating the facility. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office 03/14/2014 NPDES PERMIT NO. NCO022454 _ DISCHARGE NO. 001 MONTH NOVEMBER YEAR 2013 FACILITY NAME MIDWAY MEDICAL CLASS II COUNTY HAYWOOD CERTIFIED LABORATORY (1) JAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE II CERTIFICATION NO. 994182 PERSON(S) COLLECTING SAMPLES KENNETH JASON RUMMEL ORC PHONE 828-697-0063 CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE * Mail ORIGINAL and ONE COPY to: L ATTN: CENTRAL FILES ����� x �' 12/18/2013 DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER BY THIS SIGNATURE, CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. • . • eee ____�_�________� ® e' a �© e e • ®�_�_®�___-��� e' a ��__-______�_��� �• ' • . • eee -______S__-�_--- _---_�- • I eee 1 �DWMR-l(11104) (Vt+ Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) EO Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. " "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." MIDWAY MEDICAL, INC Permittee (Please print or type) 12/18/2013 Signature o e ittee*** " Date (Required driress submitted electronically) PO BOX 1409, CANTON, NC 28116 828-697-0063 1/31/2016 Permittee Address Phone Number e-mail address Pemdt Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appfonns. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 . (828) 697-0063 OFFICE (828) 697-0065 FAX February 19, 2014 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Midway Medical Center, P.A. NPDES: NCO022454 NOV-2014-LV-0054 Dear Mr. Davidson, This letter is in reference to the NOV for Midway Medical Center for the month of November, 2013. This violation was with regard to Total Suspended Solids. This facility typically operates without concern_ This system has a great history of compliance and the owners of the facility are very conscientious as to the type of waste that is sent to the influent. This particular issue arose due to the machine shop located in the old bowling alley. This building also discharges to the waste water facility and just prior to this episode had closed. Our operator noted that this building was being deep cleaned the week just prior to the problems. He noted in his log book that the pH, which typically runs near 7.0 without effort, had bottomed out in the aeration basin to 5.3 within a 24 hour period early in the week. By Friday, the 22" d, the plant had went south. He was confident that whatever cleaners that had lowered the pli so drastically had also killed the healthy bacteria. He began adding soda ash to increase the pH and made adjustments to the time clock to allow the bacteria to have more of a respite. The following week, on Tuesday the 26"i, the system was still very angry. That was the week of Thanksgiving and the medical center was closed. By the following week, the facility had regained compliance. The following Wednesday, December 4"i, the Total Suspended Solids was within compliance at 20 mg/I and was compliant during the month of December and following. We request that you consider the history of the facility and the events that led to this interruption of compliance. Thank you for your consideration. Thank you, Harry & Yuanita James Permit Enforcement History Details by Owner 03/14/14 1 Owner: Midway Medical Center P A Facility: Midway Medical Center WWTP Permit: NCO022454 Region: Asheville County: Haywood Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-2000-0207 06/01/00 $1,000 $49.28 06/23/00 08/02/00 $.00 10/12/00 $.00 $1,049.28 $.00 No 12/20/00 LV-2002-0215 06/94/02 $250 $49.28 $299.28 $.00 No 07/16/02 LV-2003-0384 2-2003 05/19/03 $250 $100.00 $350.00 $.00 No 08/22/03 LV-2006-0238 5-2006 07/18/06 $250 $100.00 $350.00 $.00 No 02/21/07 LV-2009-0126 1-2009 04/20/09 $250 $70.00 $320.00 $.00 No 05/08/09 LV-2010-0208 3-2010 07/06/10 $200 $67.00 07/13/10 03/25/11 $.00 $267.00 $.00 No 05/27/11 LV-2014-0024 11-2013 03/14/14 $450 $147.50 $597.50 No Total Cases: 7 Total Penalty Amount: $2,650 Total Enforcement Cost: $583.06 Sum of Total Paid: $2,635.56 Total Balance Due: $597.50 Sum of Total Case Penalties: $3,233.06 Total Penalties after remission(s): $3,233.06 Az;'-W�Ywi A&IVA; North Carolina Department of Environment and Natural Resources Pat McCrory Governor November 10, 2014 Ms. Jan W. Grove Midway Medical Center, P.A. PO Box 1409 Canton, NC 28716-1409 Subject: Payment Acknowledgement Midway Medical Center WWTP Permit Number: NCO022454 Case Numbe 2R4�i104 Haywood Coun Dear Ms. Grove: John E. Skvarla, III Secretary This letter is to acknowledge receipt of payment in the amount of $597.50 received from you dated October 31, 2014. This payment satisfies in full the above civil assessment (s) levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statues, Regulations, or Permits. If you have any questions, please contact Wren Thedford at 919-807-6304. Sincerely, Kristi Lynn Carpenter Wastewater Branch cc: Central Files NPDES IM"16-rev lleMR g �"on�ffice 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 Fax: 919-807-6492ICustomer Service: 1-877-623-6748 Internet:: www.ncwater.orq RRECED J&isioo of VYatar NOV 1 3 2014 Water auauty Aegtonal Operator's e�hpvill4� Rational pt;ice An Equal OpportunityWfirmative Action Employer Pat McCrory Governor FWA NC®ENit North Carolina Department of Environment and Natural Resources October 24, 2014 CERTIFIED MAIL 7013 2630 0001 8998 0881 RETURN RECEIPT REQUESTED Ms. Jan W. Grove Midway Medical Center, P.A. P. O. Box 1409 Canton, NC 28716-1409 Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NCO022454 Midway Medical Center WWTP Haywood Count Case Number N 011�4�O�;b2 i Dear Ms. Grove: John E. Skvarla, III Secretary In accordance with North Carolina General Statute 143-215.6A(f),and delegation from the Director of the North Carolina Division of Water Resources, John E. Hennessy, supervisor of the Water Quality Permitting Section's Compliance and Expedited Permitting Unit, considered the information you submitted in support of your request for remission and did not find grounds to modify the civil penalty assessment of $597.50. A copy of the remission decision is attached. Two options are available to you at this stage of the remission process You may pay the penalty. If you decide to pay the penalty please make your check payable to the Department of Environment and Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter to the attention of Bob Sledge NC DENR-DWR — Wastewater Branch Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 Vntemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper Ms. Jan W. Grove LV-2014-0024 Remission Decision p. 2 You may decide to have the Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions make the final decision on your remission request. If payment is not received within 30 calendar days from your receipt of this letter, your request for remission with supporting documents and the recommendation of the North Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send the completed form to: Bob Sledge NC DENR-DWR — Wastewater Branch Compliance & Expedited Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The EMC Chairman will review the supporting documents and your request for an oral presentation (if you make the request). If the Chairman determines that there is a compelling reason to require a presentation, you will be notified of when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remission, they may agree with the Division of Water Resources' remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact me at (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, , 6— ez,fir Bob Sledge, Environmental Specialist Compliance & Expedited Permitting Unit Attachments cc: sh�v llle-Regional-Office-- DWR/Water--Quality Enforcement File DWR Central Files DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: LV-2014-0024 Region: Asheville County: Haywood Assessed Entity: Midway Medical Center WWTP Permit: NCO022454 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment -of the petitioner: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: The noncompliant episode at this WWTP appears to have gone on for at least two weeks. During this time, no contact was made by the operator to the regional office regarding this situation, as is required by the NPDES permit. Operator time on site, as recorded on the DMR, does not reflect great effort being taken to address the situation, but more so an attempt to ride it out. ® (c) Whether the violation was inadvertent or a result of an accident: The facility's agent states the WWTP received a significant discharge of cleaning products from a neighboring business. The WWTP's biomass was negatively impacted and took time to recover and regain compliant performance. The WWTP no longer receives wastewater from the offending business. While it is apparent the permittee had good motives, and no anticipation of receiving such wastewater, allowing connection of an outside and uncontrolled source invites this form of compliance jeopardy. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: The facility was assessed civilpenalties on two separate occasions during the five years prior to this civil assessment. ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied 0 Full Remission ❑ Partial Remission ❑ $ (Ente Retain Enforcement Costs? Yes ❑ No ❑ -1 1 1) - 4 21 AQ STATE OF NORTH CAROLINA ENVIRONMENTAL M,4 3EMENT COMMISSION COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Midway Medical Center, P.A. DWR Case Number LV-2014-0024 REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the,Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter. Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may proceed with your oral presentation. See www.nebar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible. If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law -has occurred. This the day of . 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE Cantwell, Janet From:. Sledge, Bob Sent: Monday, October 06, 201411:28 AM To: Cantwell, Janet ,Subject: Remission Request Midway Medical Center Hi Janet, Here's a little free flow thought regarding our case LV-2014-0024 against Midway Medical Center. We'll have to discuss it tomorrow during the remissions conference call. LV-2014-0024 November 2013 violations $450.00 civil penalty + $147.50 enforcement costs = $597.50 total penalty 2 TSS daily max violations @ $100.00 apiece 1 TSS monthly average violation @ $250.00 James & James wrote up the remission request on behalf of the facility. They say the facility has a good compliance history and rarely experiences any type of.problems or violations. The owners are said to be conscientious regarding waste flowing to the WWTP. J&J states the problems occurred due to a discharge to the WWTP from a machine shop in an old bowling alley. The building had undergone deep cleaning and its discharge led to an upset at the WWTP. pH fell within the treatment units and healthy bacteria were killed. The pH was adjusted with the addition of soda ash and aeration time was adjusted to take stress of the bacteria. After about a two week period, the WWTP recovered. The owners of the medical center have since discovered the -bowling alley does not have legal access to the WWTP, so it will be cut off from its service. The owners have reassessed its own inventory of cleaning products and policies for their use. No x-rays are taken at the facility, so that type of waste is not being present at the WWTP. It does appear the owners of the facility are indeed conscientious about the flow coming to the WWTP and the plant does have a good compliance history. Their concern for the WWTP's health and the steps they've taken to ensure it are to be applauded. However, as usual, the biggest worry in this matter has to do with the response of the contract operator. The facility requires daily visitation. Typically, Mr. Rummel provides a maximum of 15 minutes visiting this WWTP. However, on Monday, November 18, he spent 25 minutes there. On Tuesday the 19th, he spent 37 minutes there. These dates correspond with the dates the remission request notes the ORC witnessed pH values dropping within the system. It says that by the 22"d, "the plant had went south." My suspicion is that the plant looked bad earlier than that, based upon the ORC changing his usual sampling schedule from Tuesday to Friday. The Friday sample had to be taken before the weekend came. He reverted to his usual sampling convention the next week because the Thanksgiving holiday was approaching. Both samples yielded very high TSS results. One can only assume they were high on the other days too, but ORC visitation time does not reflect great concern. Furthermore, the DMR submitted for the month was checked as being compliant even though it included daily max and monthly average violations. Did the ORC contact the regional office about an upset at the WWTP? One would, hope he would if he was experiencing such conditions. Apart from any mitigating information ARO could add, I'm not inclined to recommend any remission. If the regional office was kept advised of conditions as they were worked through, I could be persuaded otherwise based upon performance history. Cantwell, Janet _____ � ���✓�� , l From:. Sledge, Bob Sent: Monday, October 06, 201411:28 AM �Gt'.�-o• �(i1. �7 CX/�� To: Cantwell, Janet Subject: Remission Request - Midway Medical Center Hi Janet, Here's a little free flow thought regarding our case LV-2014-0024 against MidwE, it tomorrow during the remissions conference call.`- LV-2014-0024 November 2013 violations $450.00 civil penalty+ $147.50 enforcement costs = $597.50 total penalty j — 2 TSS daily max violations @ $100.00 apiece 1 TSS monthly average violation @ $250.00 I James & James wrote up the remission request on behalf of the facility. They say thE_—____ _ history and rarely experiences any type of problems or violations. The owners are said to be conscie—ntious-, waste flowing to the WWTP. J&J states the problems occurred due to a discharge to the WWTP from a machine shop in an old bowling alley. The building had undergone deep cleaning and its discharge led to an upset at the WWTP. pH fell within the treatment units and healthy bacteria were killed. The pH was adjusted with the addition of soda ash and aeration time was adjusted to take stress of the bacteria. After about a two week period, the WWTP recovered. The owners of the medical center have since discovered the. bowling alley does not have legal access to the WWTP, so it will be cut off from its service. The owners have reassessed its own inventory of cleaning products and policies for their use,. No x-rays are taken at the facility, so that type of waste is not being present at the WWTP. It does appear the owners of the facility are indeed conscientious about the flow coming to the WWTP and the plant does have a good compliance history. Their concern for the WWTP's health and the steps they've taken to ensure it are to be applauded. However, as usual, tT I5.i.iggest-worry-in-this-ma ter has to wi .h!the-respo'nse,of�theTcorJtra(f to- er-a-12r. The facility requires daily visitation. �TypicaIIV M'r: Rummel provid"es-6-mr axirrmiurn of_=15 minutes visiting this WWTP. However, on Monday, November 18, he spent 25 minutes there. On Tuesday the 19th, he spent 37 minutes there. These dates correspond with the dates the remission request notes the ORC witnessed pH values dropping within the system. It says that b the 22"d "the plant had went south." �M� s n cion "s`ftiat thn . la`nt looked bad':earlier thaw p g g p� g Y p p� a — Y Y Y P `�� that; kaseduu on�the ORC.chan . in _his usual s_arn lin schedule from Tuesday to:Frid"a The Friday sample had to be taken before the weekend came. He reverted to his usual sampling convention the next week because the Thanksgiving holiday was approaching. Both samples yielded very high TSS results. One_can_o.nly ass.ume�^__they were-hig:h-on-the-other- days.too bu_ QRC Visitation time=does not reflect grewt-conce'r . Furh'e^r�mor,Qkt-- e DM'R subr m_itte7d for the_mdnt_ EWas� ficheeked;as;;being-cgmplian�even though it included;daily max-and_mon�hly.a�e�rage vio atio.ns One would. hope he would if he was experiencing such conditions. Apart from any mitigating information ARO could add, I'm not inclined to recommend any remission. If the regional office was kept advised of conditions as they were worked through, I could be persuaded otherwise based upon performance history. PO BOX 519, MOUNTAIN HOME, NC 28758 ~a�s February 19, 2014 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Midway Medical Center, P.A. NPDES: NCO022454 NOV-2014-LV-0054 Dear Mr. Davidson, This letter is in reference to the NOV for Midway Medical Center for the month of November, 2013. This violation was with regard to Total Suspended Solids. This facility typically operates without concern. This system has a great history of compliance and the owners of the facility are very conscientious as to the type of waste that is sent to the influent. This particular issue arose due to the machine shop located in the old bowling alley. This building also discharges to the waste water facility andjust prior to this episode had closed. Our operator noted that this building was being deep cleaned the week just prior to the problems. He noted in his log book that the pH, which typically runs near 7.0 without effort, had bottomed out in the aeration basin to 5.3 within a 24 hour period early in the week. By Friday, the 22°d, the plant had went south. He was confident that whatever cleaners that had lowered the pH so drastically had also killed the healthy bacteria. He began adding soda ash to increase the pH and made adjustments to the time clock to allow the bacteria to have more of a respite. The following week, on Tuesday the 26`", the system was still very angry. That was the week of Thanksgiving and the medical center was closed. By the following week, the facility had regained compliance. The following Wednesday, . December 4`", the Total Suspended Solids was within compliance at 20 mg/1 and was compliant during the month of December and following. We request that you consider the history of the facility and the events that led to this interruption of compliance. Thank you for your consideration. Thank you, Harry &Juanita James ¢REUtivcu Division of Water Resources F E B 2 4 2014 Water Quality Regional Operations Asheville Regional Office 7 E nterNerify "Z jLrmitVioIatibns IvIonitorina Violations r Reporting Violations r Other Violations r. Permit. SOC: AD:, onitq�!!j Report. ' sE Facility: Midway Medical Center WVVTR Region: Asheville ' County: 11-laywo�d.-', Owner. tvtidwayMedi6al Center P. A Incident Detaii Inspect. Dt Facility Reported As: 00 -Compliant Non -Compliant 0 Not'Reppited As signed ReportType: *Outf.. *Location Tarameter�.,!;-." Date. ,ManualDesbripfion SOC Limit *Calcu..., Unit ­ily,lylaximum Ove r :A::ct:io�n 001 Effluent Solids, Total,:.., 111&2013 17 lDa... 7 M 45 103 m g)l 128.83... 001 Effluent Solids, '11126-11013 !Daily Maximum ... 45 1 185 mg/I 001 % Effluent SoIids"-T.oMI­-14,'- 1113612013 Ej M onth ly. Average ... 30 mg1l 156.83 ... W_;P 7'T ti Initiate NOD... Initiat ;emanl­ Initiate.Dernanek... 3ve Rtcalz egiata CAR_ Help Finish' Cancer .3 Limit Violations found. Ready VLLP AL NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 10, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 0002 1965 9523 Ms. Jan W. Grove Midway Medical Center P. A. Midway Medical Center WWTP P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-LV-0054 Midway Medical Center WWTP NPDES Permit No. NCO022454 Haywood County Dear Ms. Grove: John E Skvarla, 1.11 Secretary A review of the November 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 11/22/2013 001 TSS 103 mg/ 1 45 mg/ 1 11/26/2013 001 TSS 185 mg/ 1 45 mg/ 1 11/30/2013 001 TSS 77.05 mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022454. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the November 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hftp:l/portal.ncdenr.org/webfwglws An Equal Opportunity/ Affirmative Action Employer Ms. Jan W. Grove February 10, 2014 Page Two Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office cc: WQ Asheville Files WQ Central Files WQ Point Source Branch G:\WR\WQ\Haywood\Wastewater\Minors\Midwav Medical Center 22454\NOV-NRE-2014-LV-0054.doc T � A=MJ*r I A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary March 19, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 1010 00021965 9615 Ms. Jan W. Grove Midway Medical Center P.A. P.O. Box 1409 Canton, North Carolina 28716-1409 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO022454 Midway Medical Center P.A. Midway Medical Center WWTP Case No. LV-2014-0024 Haywood County Dear Ms. Grove: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $597.50 ($450.00 civil penalty + $147.50 enforcement costs) against Midway Medical Center P.A. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Midway Medical Center P.A. for the month of November 2013. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0022454. The violations which occurred in November 2013 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Midway Medical Center P.A. violated the terms, conditions or requirements of NPDES Permit NCO022454 and G.S. 143- 215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources, I, G. Landon Davidson, Division of Water Resources Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Midway Medical Center P.A.: Water Quality Regional Operations — Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: http://portal.ncdenr.org/web/wq An Equal Opportunity/ Affirmative Action Employer 2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $200.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS - Conc. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0022454, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for TSS - Conc. $450.00 TOTAL CIVIL PENALTY $147.50 Enforcement Costs $597.50 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/ Enforcement Unit Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Janet Cantwell of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office ATTACHMENTS cc: WQ Regional Supervisor w/ attachments NPDES Point Source w/ attachments WQ Central Files w/ attachments James & James Environmental/ ORC w/ attachments G:\W"R\WQ\Haywood\Waste-,+pater\Minors\1Vlid,kvay Medical Center 22454\LV-2014-0024.doc (Prior NOV-2014-LV-0054) JUSTIFICATION FOR REMISSION REOUEST DWQ Case Number: LV-2014-0024 County: Haywood Assessed Party: Midway Medical Center P.A. Permit No.: NCO022454 Amount Assessed: $597.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of.a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF HAYWOOD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND MIDWAY MEDICAL CENTER P.A. MIDWAY MEDICAL CENTER WWTP ) STIPULATION OF FACTS PERMIT NO. NCO022454 ) FILE NO. LV-2014-0024 Having been assessed civil penalties totaling $597.50 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 19, 2014, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 611IN►0.M1LNU0 TELEPHONE ATTACHMENT A Midway Medical Center P A CASE NUMBER: LV-2014-0024 PERMIT: NCO022454 FACILITY: Midway Medical Center WWTP COUNTY: Haywood REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 11-2013 001 Effluent TSS - Conc 11/22/13 Weekly mg/I 45 103 128.89 Daily Maximum Exceeded $100.00 11-2013 001 Effluent TSS - Conc 11/26/13 Weekly mg/I 45 185 311.1.1 Daily Maximum Exceeded $250.00 11-2013 001 Effluent TSS - Conc 11/30/13 Weekly mg/I 30 77.05 156.83 Monthly Average Exceeded Permit Enforcement History Details by Owner 03/14/14 1 Owner: Midway Medical Center P A Facility: Midway Medical Center WWTP Permit: NCO022454 Region: Asheville County: Haywood Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Balance Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Due Plan Closed LV-2000-0207 06/01/00 $1,000 $49.28 06/23/00 08/02/00 $.00 10/12/00 $.00 $1.049.28 $.00 No 12/20/00 LV-2002-0215 06/04/02 $250 $49.28 $299.28 $.00 No 07/16/02 LV-2003-0384 2-2003 05/19/03 $250 $100.00 $350.00 $.00 No 08/22/03 LV-2006-0238 5-2006 07/18/06 $250 $100.00 $350.00 $.00 No 02/21/07 LV-2009-0126 1-2009 04/20/09 $250 $70.00 $320.00 $.00 No 05/08/09 LV-2010-0208 3-2010 07106/10 $200 $67.00 07/13/10 03/25/11 $.00 $267.00 $.00 No 05/27/11 LV-2014-0024 11-2013 03/14/14 $450 $147.50 $597.50 No Total Cases: 7 Total Penalty Amount: $2,650 Total Enforcement Cost: $583.06 Sum of Total Paid: $2,635.56 Total Balance Due: $597.50 Sum of Total Case Penalties: $3,233.06 Total Penalties after remission(s): $3,233.06 NPDES PERMIT NO. NCO022454 DISCHARGE NO. 001 MONTH NOVEMBER YEAR 2013 FACILITY NAME MIDWAY MEDICAL CLASS II COUNTY HAYWOOD CERTIFIED LABORATORY (1) .TAMES & JAMES ENVIRONMENTAL MGT., INC. CERTIFICATION NO. 482 (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) KENNETH JASON RUMMEL GRADE II CERTIFICATION NO. 994182 PERSON(S) COLLECTING SAMPLES CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES ¢�q DIVISION OF WATER QUALITY JAN 0 20 9 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 KENNETH JASON RUMMEL ORC PHONE 828-697-0063 NO FLOW / DISCHARGE FROM SITE * BY THIS SIGNATUREq CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. II I III I II•II 11•I II 1 II. t II I �___-__- J min �MR-1 (11M) W Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) FxLNoncompliant All monitoring data and sampling frequencies do NOT meet permit requirements The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part H.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." MIDWAY MEDICAL, INC Permittee (Please print or type) 12/18/2013 Signature o e ittee*** " Date (Required thiress submitted electronically) PO BOX 1409, CANTON, NC 28116 828-697-0063 1/31/2016 Permittee Address Phone Number e-mail address Permit Expiration Date Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADDITIONAL CERTIFIED LABORATORIES PARAMETER CODES Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 807-6300 or by visiting http://portal.ncdenr.org/web/wq/swp/ps/npdes/appforms. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature of Permittee: If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2)(D). JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC 'A�X PO BOX 519, MOUNTAIN HOME, NC 28758 /..� (828) 697-0063 OFFICE (828) 697-0065 FAX February 19,,2014 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa;�;NC 28778 RE: Midway Medical Center, P.A. NPDES: NCO022454 NOV-2014-LV-0054 Dear Mr. Davidson, This letter is in reference to the NOV for Midway Medical Center for the month of November, 2013. This violation was with regard to Total Suspended Solids. gijs facility typically operates without concern. This system has a great history of compliance and the owners of the facility are very conscieiitiobs-ag, to,the type of waste that is sent to the influent. This particular issue arose due to the machine shop located in the old bowling alley. This building also discharges'to the waste water facility and just•prior`to this episode had closed. Our operator noted that this building was being deep cleaned the week just prior to the problems. He noted in his lob- book that the pH, which typically runs near 7.0 without effort, had bottomed out in the aeration basin to 5.3 within a 24 hour period early in the week. By Friday, the 22", the plant had went south. He was confident that whatever cleaners that had lowered the pli so drastically had also killed the healthy bacteria. He began adding soda ash to increase the pl-I and made adjustments to the time clock to allow the bacteria to have more of a respite. Tile following week, on Tuesday the 26"i, the system was still very angry. That was the week of Thanksgiving and the medical center was closed. By ,the following week,' the` facility had regained compliance. The following Wednesday, December;4,', the Total Suspended Solids was within, compliance at 20 mg/I and was compliant during the month of December and following. % e request that you consider the history of the facility and the events that led to this interruption of compliance. Thank you for your consideration. Thank you, Harry & Yuanita James DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (FILE) Violator: Midway Medical Center P.A. / NCO022454 (November 2013 DMR) (Prior NOV-2014-IN-M4) County: Haywood Case Number: LV-2014-0024 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; Two Daily Max TSSIs exceeded the permit limit by 12 8.8 8 % & 311.11 % One Monthly Average TSS exceeded the permit limit by 156.83 %. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and more time spent on site operating the facility. 6) Whether the violation was committed willfully or intentionally; It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been no civil penalty assessments in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $147.50. Date G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office 03/14/2014 A4LA WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 10, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70121010 0002 1965 9523 Ms. Jan W. Grove Midway Medical Center P. A. Midway Medical Center WWTP P.O. Box 1409 Canton, North Carolina 28716-1409 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2014-LV-0054 Midway Medical Center WWTP NPDES Permit No. NCO022454 Haywood County Dear Ms. Grove: John E Skvarla, III Secretary A review of the November 2013 self -monitoring report for the subject facility revealed violations of the following parameter: Date Outfall Parameter Reported Value Permit Limit 11/22/2013 001 TSS 103 mg/ 1 45 mg/ 1 11/26/2013 001 TSS 185 mg/ 1 45 mg/ 1 11/30/2013 001 TSS 77.05 mg/ 1 30 mg/ 1 A Notice of Violation/ Notice of Recommendation for Enforcement (NOV/ NRE) is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and NPDES Permit No. NC0022454. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along with any information provided on the November 2013 Discharge Monitoring Report. You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Water Quality Regional Operations —Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: (828) 296-4500 FAX: (828) 299-7043 Internet: hftp:l/portal.ncdenr.org/web/wq/ws Equal Opportunity/ Affirmative Action Employer Ms. Jan W. Grove February 10, 2014 Page Two .4. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact this office for additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, -V� G. Landon�avidson, P.G. Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office c : ``Q Ashe 111e Fifes WQ Central Files WQ Point Source Branch 0:\WR\WQ\Haywood\WasteNvater\Minors\1vfidway Medical Center 22454\NOV-NRE-2014-I_V-0054.doc JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 ::.. (828) 697-0063 OFFICE (828) 697-0065 FAX February 19, 2014 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Midway Medical Center, P.A. NPDES: NCO022454 NOV-2014-LV-0054 Dear Mr. Davidson, This letter is in reference to the NOV for Midway Medical Center for the month of November, 2013. This violation was with regard to Total Suspended Solids. This facility typically operates without concern. This system has a great history of compliance and the owners of the facility are very conscientious as to the type of waste that is sent to the influent. This particular issue arose due to the machine shop located in the old bowling alley. This building also discharges to the waste water facility and just prior to this episode had closed. Our operator noted that this building was being deep cleaned the week just prior to the problems. He noted in his log book that the pH, which typically runs near 7.0 without effort, had bottomed out in the aeration basin to 5.3 within a 24 hour period early in the week. By Friday, the 22" ', the plant had went south. He was confident that whatever cleaners that had lowered the pli so drastically had also killed the healthy bacteria. He began adding soda ash to increase the pH and made adjustments to the time clock to allow the bacteria to have more of a respite. The following week, on Tuesday the 26"i, the system was still very angry" That was the week of Thanksgiving and the medical center was closed. By the following week, the facility had regained compliance. The following Wednesday, December 4"', the Total Suspended Solids was within compliance at 20 mg/l and was compliant during the month of December and following. We request that you consider the history of the facility and the events that led to this interruption of compliance. Thank you for your consideration. Thank you, Harry & J'uanita James JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX February 19, 2014 Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Midway Medical Center, P.A. NPDES: NCO022454 NOV-2014-LV-0054 Dear Mr. Davidson, This letter is in reference to the NOV for Midway Medical Center for the month of November, 2013. This violation was with regard to Total Suspended Solids. This facility typically operates without concern. This system has a great history of compliance and the owners of the facility are very conscientious as to the type of waste that is sent to the influent. This particular issue arose due to the machine shop located in the old bowling alley. This building also discharges to the waste water facility and just prior to this episode had closed. Our operator noted that this building was being deep cleaned the week just prior to the problems. He noted in his log book that the pH, which typically runs near 7.0 without effort, had bottomed out in the aeration basin to 5.3 within a 24 hour period early in the week. By Friday, the 22" d, the plant had went south. He was confident that whatever cleaners that had lowered the pli so drastically had also killed the healthy bacteria. He began adding soda ash to increase the pH and made adjustments to the time clock to allow the bacteria to have more of a respite. The following week, on Tuesday the 26"i, the system was still very angry. That was the week of Thanksgiving and the medical center was closed. By the following week, the facility had regained compliance. The following Wednesday, December 4"i, the Total Suspended Solids was within compliance at 20 mg/I and was compliant during the month of December and following. We request that you consider the history of the facility and the events that led to this interruption of compliance. Thank you for your consideration. Thank you, -� v Harry & Lanita James ■W te items 1, 2, and 3. Also complete A. Signature Restricted Delivery is desired. 16 A ent ur name and address on the reverse VN XWan❑ Addressee so that we can return the card to you. . Received bM(rinted Name) C. Pate of Deliver ■ Attach this card to the back of the mailpiece,-� _ 6-7s mac. -+_[� a ca�ermitS_ -- North_ arolina Department-of-pnA4JO from item 1? ❑Yes Environment and Natural Resources ddress below: ffiNo �M 2090 U.S. Highway 70, Swannanoa, Nc 28778 NEDENR - - _ _ MARLENE L ABLE,".' — MIDWAY MEDICAL CENTER POST OFFICE BOX 1409 CANTON NC 28716 5,S rice Type Certified Mall ❑ Express Mail ❑ egistered Retum Receipt for a anal ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ . 710p6(215f 1e.0b0'Sf 2W,59 54,96if i d�OU{f ; b Vi'020� DC M-- AA11 Onna, . . - r),--+i.. ao+,"., Roroin+ �mcncno_n�_�ce UNITED STATES POSTAL SERVICE 0 Sender: Please print your name, address-1and ZPz4--lib-thfi§�b > Ili aa FT1 F, r --r- M 0 M > G) 0 -- .1ANET CA14-r.,VELI - 6 -1 C-0 2090 U.S. KGHbVAY 70 z > C�'IV SWANNAN10A tIC 29778 r, C=:) - M rP Aj ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired-., ■ Print your name:and address on the reverse X! so that we can return the card to you. B. �{epeived by 1 -�.V'1 t North Carolina Departm. 1 �� • ; Environment and Natural Resoi Division of Water Q NCDENR 2 Surface Water Protection 2090 U.S. Highway 70, Swannanoa, NC 2 MARLENE L ABLE MIDWAY MEDICAL CENTER POST OFFICE BOX 1409 CANTON NC 28716 I =d Name) C. Pate of Deliver Jifffrom Item 17 Q,� - Yes address ry address below: �d_I "N"„`_' 3.kecre' Type ifiedMail pressMail istered Return Receipt e h ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7�07 f149�1 00�041 017113� 93`'.�y ill 11.`.vI� 1 11 id/A (9 :)c G.,..., gS21 i reti.... ­ onnd 1lY]CtIG_fl7 PA_1.1 UNITED STATES PpST�4L ii''!; :�1;:w">j� �i3�;h�`:�'".y, �.•:'£�.`+°�N� .fit,. •'t.. ,:.yin' ii • Sender: Please print your name, adctti'ess; and�Zl • +4"in tRis,box ti°mac 0 f '►r�r%�tllrJrlf��17t7ir11l�nlrrflf�nr"lu��lrlll��rftll7,F`'1 ■ OcAftete items 1, 2, and 3. Also complete iteif Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1., Article Addre sed to: r ' M q��ene (� sic A. Signature:; X �VL 1 ❑ Agent Il/ ❑ Address. B. Received b (Printed Name) C. Date of Deliver D. Is delivery address different from Rem 1 1 ❑ Yes If YES, enter delivery address below: ❑ No , jcoo2:. IfS 4 3.\ServiceType Certified Mail PExpress Mail ❑ egistered Return Receipt for Merchandis ❑ Insured Mail16 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes --- �� 7 105 613g6 10106J 3l5513 �1169 I I' U-Zo0Coj 21TO PR Fnrm 2R1-J aF,,hri inry 9.n ad.-. - . nnmr atirBPtum Raraint 1 i it i' i UNITED STATES POST 11. 21 F'M. I., L 0 Sender: Please print your name, resd,,.-.'ind ZlP.v47lh-thisr-b6x • 1'r * [---- - - I < -1 > CO M Pz' O CD Cn ■ C ete items 1, 2, and 3. Also complete A. Signature it if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X - - — — - AddresseI so that we can return the card to you. B. Received by Priate N 9 C. *Dae.of Deliver. ■ Attach this card to the back of the mailpiece, Ul((� 1 / _or_on the_frnbs t_if_nae r_❑ermits��_�__- - r `u' "v` ---' Aga. -- r7 _.North i;aro ina Depa^rtme'ijdifferent from ite. Ci?LL Yes Environment and Natural keso, �ss ry s belo ;'! ►r 2090 U.S. Highway 70, Swannanoa;;Nc 28�8 No addw NCDENRtj ^,'se��1®^ i. f}I00 Ir MARLENE L ABLE Se ice Type --� w MIDWAY MEDICAL CENTER Certifl ; Wq l dress � > POST OFFICE BOX 1409 ❑- * '-- I r dl. ❑Insure D. CANTON NC 28716 4. Restricted ❑; ;r—t7 i_i i—i-ie'— t illii� 7005 1820 0Ob2 9207 4311 U L, Us.(. 3 , 00.r,....., QQ'f i C.,F....—.13MA ... UNITED STATES POW'—�f iLA-H NAB,..,,... P-114 : L 74-1 • Sender: Please print your name, add ress, afd:7-lP`+-4-In this bR) C) CZ3 CZD CNJ w < z 00 0 AIR. DON IIRI('I.' N('[)ENI,-[)WQ G < LLI CE LLJ 2090 U.S. 111(am, -'tY70 SWANNANOA NC'287?8 I cc ULJI < LLJ 2: CO ■ *p1ole items 1, 2, and 3. Also complete A. Signature Restricted Delivery is desired. l fur name and address_o_n_ the reverse xIi//L ■ ^^ +L y North Carolina Departf �:: Environment and Nrtural�Res Divisiontof Water; 1 rW Surface Water,P,roiect10 . I�NCDENR 2090 U.S. Highway 70. SiWannnano \ NC' MARLENE L ABLE LMIDWAY MEDICAL CENTER nOST OFFICE BOX 1409 � 'ANTON NC 28716 ���.1IIIIII II IIIIIIIIIIIIIIII IIIIII D 3)rR Ice Type � ert" Mail b❑ \ress MI egisteredie urn Rec ❑Insured Mail ✓Q�c.O:D: i . ❑ Agent C Date of Deliver [:]Yes ❑ No 5 C% 1 4. Restricted Delivery? (Extra Fey/ . 00\8r yg 7007 1490 0004 - 0713'7994 LV PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15- UNITED STATES PQ,9T i AL E 1D E.RV-1 E -21. -9- * Sender: Please print your name, address, JANET CANTWELL NCDENR-DVVQ-SVVP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 I[ I LI [I'S WqA - LU -i U-1 c- LU LL ■ CWlete items 1, 2, and 3. LX ■ Print your name and address on the reverse so that we can return the card to you. Sherry Wilson - Midway Medica+-Center PA 6760 Carolina Blvd. Clyde, NG'28721 Illr�lllllrl�lllllrlllltllllrll Illllrnllrllitllrr��t�'�tlillll C0��� t� IIIIIII III IIIIIIIIIIIII II III IIIIII III II III 9590 9402 2119 6132 6490 55 Addressef of Deliv_en delivery different from Pm 1? L Y03� I(ES, a veryaddress below: cy❑ o o l �o oc c`•° 5 �, O o� QQ oQ'tie�� T Ov'vtce IYPe ? b Priority Mail Express® duct Signature C`� ❑ Registered Mall- ItSignature Restricted Delivery Certifier (v1@fl® ❑ Reglstered Mall Restricts livery ❑ rtifed Mall Restricted Delivery / Return Receipt for ❑ Collect on Delivery `� derchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation -- ❑ Signature Confirmation jail IAail estrlcted Dellve , , , , Restricted Delivery n 7Q15��15291 0P03�,5�463�f4r5�9pllllllo�l�t II P8 Form 13811: July 2015 PSN 7530=02-000-9053A Vi raD 1 � / V A a Retur- USPS§ ,RAG4(_ING,1 : . ti:,.r •��- .. , First --Class Mail Postage & Fee USPS Permit No. G-10 9590 9402 2119M6132 6490 55 United States • Sender: Please print your name, address, and ZIP+4® in this box* Postal Service JANET CAMWELL NCDEO43WR4NQROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 11111i11111'11111111111111hdji11111,1i1111131i111111+)JII)y a CoWete items 1, 2, and 3. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1r}irlc 4rlrir CCA .t0: SherryWilson Midway Medical Center PA ,c6750-Carolina Blvd. Clyde, -NC 28721 _Lil�l�llll�ll�lllll�llll�ll!L�I.!.IIII� II I IIIIII IIII III III I I I I I I IN 11111111111111 9590 9402 2119 6132 6469 55 )S Form 381 A. Signs re X ❑Agent ❑ Addresses B. Nceivetl� by (Printed Name) JC. Date of Deliver! J` Dl-is'&�i,rery add different tom item 12 ❑Yes + XIf,YES, enter ' � ery add" below. ❑ No r C s 4Uo V o` Sy p � �Oj Q(T � 3. Service Type Q Q priority Mail FxpressO dult Signature E3 Registered MallTM K-ddult,Signature Restricted Delivery Certified Mail@) ❑ Registered Mail Restrict, Delivery stifled Mail Restricted Delivery 0113et- Receipt for ` O Collect an Delivery erchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationT — �_ _A Mail ❑ Signature Confirmation I I I I I Oj i Relyrioted, Diivery I t I I `es I cted Delivery �14 IN - 9 U 11) 1 U_A /-11)A Domestic Return io . ec PS >��,r.,°-•is r F: First -Glass M Postage & Feeid USPSTRACfaNG # USPS Permit No. G-10 9590 9402" 21'19 6132 6469 55 United States •,Sender•: Please print your name, address, and ZIP+4® in this box* Postal Service JANET CANTWELL NCDEG-0WR.WOROS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 ■ lete items 1, 2, and 3. Also complete I A_ i4 if Restricted Delivery -is desired. ■ Print your name and address on the reverse NCDENR a 0 North Carolina Department of Environment and Natural Resources Division of Water Quality Surface Water Protection Section 2090 U.S. Highway 70, Swannanoa, NC 28778 MARLENE L ABLE MIDWAY MEDICAL CENTER POST OFFICE BOX 1409 CANTON NC 28716 —t—c 7002 0460�10001 ❑ Agent ❑ Addressee Name) aEeof Delivery Kitem 1? ❑ below: SZ, �5 N_ 3)SIgeeType rtified MailrRt, nss Mail egisteredm Receipt for❑ Insured Mail.D. 4. Restricted Delivery? (Extra Fee) ❑ Ye, r r �{it ij (lit 9t 7 2 6 21, Ro .Ii t I 9r 0_r,A_t", UNITED STATES P MI. L—zr • Sender: Please print your name, address, and Zlq+2nfMfifSrb( I > III — JANET CANTWELL NCDENR-DWQ-SWP 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 01 I zj i co I -TI 0 i�-) 2! -- ---. M - ■ G=Flete Items j,2, 'acid 3. Also complete . _ A. Sign u item 4 if RestfldW belivery is desired. X ■ Print your nam&i4riid address on the reverse so that we can return the card to you. B. Received b yy ■ Attach this card to the back of the mailpiece, �I PA (North Carolina Department of Environment and Natural Resources Division of Water Resource NCDEWA Water Qualify Regional Operatio 2090 U.S. Highway 70, Swannanoa, NC '28 If Vls. Jan W.-_ ro'oe y , Jlidway Medical Center, P.A. lost office Box 1409 J. :anton,.NC 28716-1409 7012 1010 0002 1965 9615 Certified Mail Registered Insured Mail 38 Form 8811. Fahruary 2004 . Domestic Return Receipt . �v ❑ Agent ❑ Addressei Date of Deliver ao •1� t from item 17 U YN ress below: ❑ No &V M for Merchandisi 2 Jr ❑ Yes I q/ ob9by, 16259' -0 M-154 UNITED STATES First -Class Mail Postage & Feslid USPS Permit No. G-10 Send&'41166 print your name, address, and ZIP+4 in this box • JANET CANTWELL NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 . . . ......... .. . ■ Cpmplete f ems 1, 2, and.3. Also complete A. Slgnatrire `— item 4 if RE'SMbfed Delivery is desired. ■ Print your name and address on the reverse X so that we can return the card to you. B. ice v , by North Carolina Department of �� • : Environment and Natural Resources _ `ISivision of Water Quality NCDENR Water Quality Regional Operations 2090 U.S. Highway 70, Swannanoa, NC 28778 Ms. Jan W_ e- f" Ct C ®� Midway Medical Center, P.A. Midway Medical Center WWTP Post Office Box 1409 Canton, NC 28716-1409 1 Agent ❑ Addresses Name) C. Date of Deliver a-,1-)q Brent from Item 1? ❑ Yes address below: ❑ No pike Type Certified Mail ,❑ ress Mail Fieglstered �d Rebm Mailptfor t Insured Mail /ILj C.O.D. stricted Delivery? (Extra Fee) ❑ 7612 1010 0002 1965 9523 'PS Form 8811 ! t=ebruary 2004 I I { I I DomesticWtum Receipi 102595-02-M-154 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZI JANET CANTWELL NCDENR-DWR-WQRO 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 •i.ii iiii: !siii'j {iil'Fil' t• ! i ?ill.:" Ij, ' I- PIP t ! f:il� l li .l3� ! j li 1 CD "�► 9 W