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HomeMy WebLinkAboutNC0040754_Regional Office Physical File Scan Up To 2/9/2021AT! . NC®ENii North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. John E. Skvarla, III Governor Director Secretary April 2, 2013 Ms. Deb Sweeney Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Subject: NOTICE OF VIOLATION NOV-2013-LV-0197 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dear Ms. Whitmore: A review of NC Outward Bound School's monitoring report for -October 2012 showed the following violation: Parameter Date Limit Value Reported Value Limit Type pH 10/30/2012 9 su 13.6 su Daily Maximum 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 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. 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 QWQ sheville F��iles DWQ Central Iles James & James Environmental/ ORC S:1SWP1BurkelWastewaterlMinorslNC Outward Bound 40754WOV-2013-LV-0197.doc 1VorthCarolina N,atural!{f North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Internet: www.ncwateraualily.org FAX (828)299-7043 Outward Bound — Table Rock NC Outward Bound School 2582 Riceville Road, Asheville, NC. 28805 April 16, 2013 Division of Water Quality Surface Water Protection Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Linda Wiggs - Linda.Wiggs( ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality- Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 RECEIVED APR 17 2013 ®WQXurthce Water protects Section __ Asheville Reoinent nfr.-- RE: Permit Rescission for NC Outward Bound School. Permit Number NC 0040754 Dear Sir/Madam, The facility, NC Outward Bound School, is transitioning from an extended aeration wastewater treatment facility to a septic drain field for the purpose of disposing of the grey water from the base camp. This transition should be complete by April 22, 2013. James & James Environmental will remain as the ORC for this facility until the transition is finalized. Therefore, we respectfully request that the permit, NC 0040754, be rescinded as of April 22, 2013 for the school and no longer hold the school liable for sampling, reporting or permit fees from that day forth. We do understand that, since there are two lift stations on the property now, we do fall under the guidelines of the Burke County Health Department and are working with the County Inspector to make this a smooth transition. Please confirm in writing that the permit has been rescinded on April 22, 2013. If there are any additional items that you need from us, please feel free to contact us immediately. I am available via my contact details below. Thank you for your attention in this matter. Kind regard Deb Sweeney Whitmore Director of Program operations 828-273-8598 dwhitmorea ncobs.oM /Z Whitney Montgomery Executive Director 828-239-2110 wmontgomeU& ncobs.oM NC®ENIt North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Deb Sweeney Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dear Ms. Whitmore: Division of Water Quality Charles Wakild, P.E. Director September 25, 2012 Subject: NOTICE OF VIOLATION NOV-2012-LV-0477 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dee Freeman Secretary A review of NC Outward Bound School's WWTP monitoring report for April 2012 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Solids, Total Suspended - 04/18/2012 45 mg/I 46.7 mg/I Daily Maximum Concentration Exceeded Solids, Total Suspended - 04/04/2012 45 mg/I 46.3 mg/I Daily Maximum Concentration 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 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. If you should have any questions, please do not hesitate to contact Janet Cantwell or me at 8281296-4500. Sincerel , Chuck Cranford, Regional Supervisor Surface Water Protection Section C,_-cc ==DWQ AsheyiIIe_F_iles- DWQ Central Files James & James Environmental/ ORC S:1SWP\Burke\WastewaterWlinors\NC Outward Bound 40754\NOV-2012-LV-0477.doc North Carolina Division'of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Intemet www.ncwateraualitv.oro FAX (828)299-7043 One NorthCaro ina �atural�ly NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director May 11, 2012 e,., NC Outward Bound School 2582 Riceville Rd Asheville N.C. 28805 Dee Freeman Secretary SUBJECT: Compliance Evaluation Inspection NC Outward Bound School Permit No: NCO040754 Burke County Dear Ms. Whitmore: Enclosed please find a copy of the Compliance Evaluation Inspection conducted on April 24, 2012. The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. By the owners and operators taking appropriate measures the toxicity issues from last year appear to have been resolved. The facility was found to be in Compliance with permit NC0040754. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at 828-296-4500. Sincerely, Jeff Menzel Environmental Specialist Enclosure cc: Juanita Reed James, ORC Central Files Asheville Files ------- SURFACE WATER PROTECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, NC 28778 OnrthCaroliria Phone: (828) 296-4500\FAX: 828 299-7 43 // Internet: www.ncwaterauality.org NVA(ralim S:\SWP\Burke\WastewaterWlinors\NC Outward Bound 40754\40754 CEI 2012.docx Wiggs; Linda From: Weaver, Charles Sent: Friday, May 10, 2013 9:57 AM To: dwhitmore@ncobs.org; wmontgomery@ncobs.org Cc: Wiggs, Linda; Mcpherson, Fran Subject: rescission of NPDES permit NC0040754 Importance: High Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NC0040754 is rescinded, effective immediately. If in the future the Outward Bound School wishes to discharge wastewater to the State's surface waters, it must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about this matter, simply reply to this message. Charles H. Weaver NPDES Unit 1 United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Cnmplianre Inspertinn '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 15 I 31 NCO040754 111 121 12/04/24 117 181 C I 19I S I 20 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -------- - Reserved------------ 671 69 70131 71 I_] 72 LI 73I I ' 74 75 _ 80 t_u 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) NC Outward Bound School 10:15 AM 12/04/24 10/02/01 Exit Time/Date Permit Expiration Date Forest Service Rd Morganton NC 28655 10:40 AM 12/04/24 15/01/31 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 Deb Sweeney Whitmore,2582 Riceville Rd Asheville NC 28805//828-437-6124/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance N 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 ARO WQ//828-296-4500/ Jeff Menze//,/W s1,12 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO040754 111 12, 12/04/24 117 18I d Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility appears to be well operated. No violations of permit requirements or applicable regulations were observed during this inspection. By the owners and operators taking appropriate measures the toxicity issues from last year appear to have been resolved. Page # 2 Permit: NCO040754 Inspection Date: 04/24/2012 Operations & Maintenance Owner -Facility: NC Outward Bound School Inspection Type: Compliance Evaluation Is the plant generally clean with acceptable housekeeping? ■ D D D Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ D D D Judge, and other that are applicable? Comment: The site was in good order. Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ D D D Are surface aerators and mixers operational? ❑ ❑ ■ D Are the diffusers operational? ■ D D D Is the foam the proper color for the treatment process? ■ Cl D D Does the foam cover less than 25% of the basin's surface? ■ D D D Is the DO level acceptable? D D D ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) D D D ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ Cl D D Are the tablets the proper size and type? ■ D D D Number of tubes in use? 3 Is the level of chlorine residual acceptable? D D D ■ Is the contact chamber free of growth, or sludge buildup? ■ D D D Is there chlorine residual prior to de -chlorination? ■ D Cl D Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ D D D Is storage appropriate for cylinders? D D ■ D # Is de -chlorination substance stored away from chlorine containers? ■ Cl ❑ D Comment: Are the tablets the proper size and type? ■ D D D Page # 3 Permit: NC0040754 Inspection Date: 04/24/2012 De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: Owner - Facility: NC Outward Bound School Inspection Type: Compliance Evaluation Yes No NA NE ■nnn 3 Page # 4 E'FILE.Ct T'Y NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 1, 2011 Ms. Deb Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2011-LM-0059 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dear Ms. Whitmore: A review of NC Outward Bound School's WWTP monitoring report for April 2011 showed the following violations: Parameter Date Limit -Value Reported Value Limit Type Coliform, Fecal MF, M-FC ' Broth,44.5C 04/14/2011 400 #/100ml 600 #/100ml Daily Maximum Exceeded Parameter Date Measuring Frequency Violation pH 04/02/2011 Weekly Failure to Monitor Temperature, Water Deg. Centigrade 04/02/2011 Weekly Failure to Monitor 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 Fecal coliform violation, it is not requested that a response be submitted. However, if the above parameters for pH and Temperature were 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. 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 828/296-4600. Sincerely, Chuck ranford, Regional Supervisor Surface Water Protection Section cc' -P=QfAsheaidte 3Filea DWQ Central Files James & James Environmental/ ORC S:tSWPIBurke\Wastewater\MinorstNC Outward Bound 407541NOV-201 1 -LM-0059.doc None Carolina Mural! North Carolina Division of Water Quality V- 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 =: H® HR r North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL RETURN RECEIPT- REQUESTED Ms. Deb Whitmore - NO Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dear Ms. Whitmore: November 21, 2011 - 7010 1870 0003 ,0874 7908 Subject: Notice of Violation and Recommendation for Enforcement Tracking #; NOV-2011-MV-0180 NC Outward Bound School WWTP NPDES Permit No. NCO040754 Burke County A review of the March 2011 self -monitoring report for;the,subject facility revealed violations of the following parameters: Date Outfall Parameter McAsiir Ag,Frequency,'- Violation 03/05/2011 001 BOD Weekly Failure to Monitor -:03/12/2011 001 BOO. ' Weely Failure to Monitor 03/05/2411 001 Fecal coliform Weekly_:. -. : " Failure to Monitor 03/12/2011 001 - Fecal coliform Weekl Failure to Monitor 03/05/2011 001 -DO Weekly Failure to Monitor 03/05/2011 001 Flow Weekly Failure to Monitor 03/05/2011 001 pH " Weekly Failure to Monitor 03/05/2011 001 TSS Weekly Failure to Monitor 03/12/2011 001 TSS Weekly Failure to Monitor 03/05/2011 001 Temperature Weekly Failure to Monitor. 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. NCOONCO040754. 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, oi discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. ,:A review of your response will beconsidered along SURFACE WATER PROTECTION SECTION—ASI•IEVILLE REGIONAL OFFICE Location: 2090 U,S. Highway 70, Swamtanoa, North Carolina 28778 �� ne Phone: 828-296-45001 Fax: 828-299-70431 Customer Service: 1-877-623-6748 Nc Caro�jna Internet: http:l/portal,ncdenr,om/weblwa turmlt�f An Equal Opportunity 1 Affirmative Action Employer — 50% Recyclet1110% Post Consumer paper November 30, 2011 Attn: Central Files DENR-DWQ 1617 Mail Service Center Raleigh, NC. 27699-1617 Ref: NC Outward Bound School NOV-2011-MV-0180 Dear Sir/Madam, This letter is in response to the Notice of Violation NOV-2011-NW-0180 for NC Outward Bound School dated November 21, 2011. Please find included with this letter an amended.DMR that shows data for the entire month of March 2011. The amended information shows; • No flow for first week of March • BOD, TSS, NH3, fecal coliform for March 9fl' • Residual chlorine for March 24`h I believe the information included will help resolve,this issue which was caused primarily from a change over of operators during this time period. 'Jaines and James Environmental are currently operating our plant and all subsequent DMRs have met expectations to my knowledge. Please let me know if there is any fiirther action that is required. Kind regards, Deb Sweeney Whitmore Director of Program Operations NC Outward Bound School 828-299-3366 ext 150 828-337-2783 dwhitmore(cr�ncob s. org LIRA& ® NR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director November 21, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1870 0003 0874 7908 Ms. Deb Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Subject: Notice of Violation and Recommendation for Enforcement Tracking 4: NOV-2011-MV-0180 NC Outward Bound School WWTP NPDES Permit No. NCO040754 Burke County Dear Ms. Whitmore: Dee Freeman Secretary A review of the March 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measiiring,Frequency Violation 03/05/2011 001 BOD Weekly Failure to Monitor 03/12/2011 001 BOD Weekly Failure to Monitor 03/05/2011 001 Fecal coliform Weekly Failure to Monitor 03/12/2011 001 Fecal coliform Weekly Failure to Monitor 03/05/2011 001 DO Weekly Failure to Monitor 03/05/2011 001 Flow Weekly Failure to Monitor 03/05/2011 001 pH Weekly Failure to Monitor 03/05/2011 001 TSS Weekly Failure to Monitor 03/12/2011 001 TSS Weekly Failure to Monitor 03/05/2011 001 Temperature Weekly Failure to Monitor 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. NCOONCO040754. 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 SURFACE WATER PROTECTION SECTION —ASHEVILLE REGIONAL OFFICE Location: 2090 U,S. Highway 70, Swannanoa, North Carolina 28778 One Phone: 828-296-45M fax: 828-299-70431 Customer Service: 1-877-623-6748 NorthCaro%na Internet: http:&ortal,ncdenr.om[wehlwg �atul!'alt� An Equal Opportwiity 1 Affirmative Action Ptltployer — 50% Reeyelecil10% Post Consumer paper At ' J1'��C{V{fGV �v ,��vv- ,•v ►v.. 1 .'..-u, rs..vr�-V•. •••••••--� To Sv'OW - iJ iSS, 1.1N� `FEG�V Col1Fo M MdtRC1i LL o`� VYLC h `3�, t�.i et, Y 1. • i'1'�t� ni 3 tit EFFLUENT wrinirsw c owDw v rrn hll:OAall7rid DISCHARGE NO. col MONTU MARCH MaD ORIGINAL and ONE COPY to: ArrS.- CEN P.AL NLES Die-DWQ 1617 WIL SERV IUR czigTFR RALEWfl, NC 21699-1617 DEM Fan{ MR-7 (V7/UU) YEAR 2011 SY'A'WS SII;NATUo, I CPP.TI1?Y TnAT THfS REPORT IS AGCbRATE AND COMPLC7'E TO TOE BEST OF MY 1wowL g- 4.25-11 Facilitq Status (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet requirements DURING THE OPERATIONS OF JAMES & JAMES, CANNOT ATTEST TO PRIOR TO Compliant MARCH 15, 2011 NOT TO INCLUDE TOXIC Noncompliant If the facility is nonoompliant, please winment on corrective aatlons being taken In respect to equipment, operation, maintenance, eto. and a lime table for Improvements to be made. NL = NO LIMIT A = ROD DATA VALID; 300 ML DULUTION NOT USED 8 = SOD DATA VALID; $OF OUT C = TSS DATA VALID; DUP OUT JAMES & JAMES ENV. MGT., INC. TOOK O ER OPERATIONS ON THE IM - DATA ABOVE iS FROM PREVIOUS OPERATOI Yf TA THE FIRS7 WEZyK; THERE Ali8AJ0 LA130RATORY SAMISt ES Fpi2 THE FIRST I�1Ft-SE60h}At-A1CiGd3L-L, TH>=PREVIOUS 0 a��R THAT TJiERE WAS NQ FLOW`THE FIRST UVt=EKE A7QX(CtTY WAS l}U>r iht MARCH•BUT WAS SAMPt.ED JN APRIL J�Ut= TO �1�q"MBLAB012ATORYAT SUCH SHORT N0710E, THE OWNER WAS RESEAt2CHING FORSAMpi,1;S THAT HA1:3 BEEN COLLEGTEE7 P-RIC "1 cerLfy, under penalty of law, that this document and all sttaottnterrts were prepared under my direction or aupervislort In akxxtrdanct: Vvlifi a system designed to assurie That gitafiioed personnel property gaiter and rvaivate the trrformatibn submitted. Based prt my inquiry of the person or persons who manage the system, or those persons di-FOCW responsible for gathering the information, the Irrformafton submit(ed Is to the best of my, (knowledge and beilef, true, accurate, and Corrrplete. I am amre that there are signi(icant Penahies for suhmiair ig false Information, Including the possibility otftnes and Imprisonment for knowing violations;' D�� .11wtTMOP� N. C. OUTWARD 13OUND SCHOOL 2582 RICEVILLE ROAD ASHEVILL.E N.C.28805 Permi Permittee Address N. C. 01J7WARD BOUND SCHOOL rmlttee (P se print�or bpi Signature Permutes* DATE $28-68�.g863» 1-31-96 Phone Number Permit EV. hate 8*-251°l-3316� PARAMETER CODES' 00010 Temperature 00556 09 8 Grease, 00951 Total Flouride Oi067 Nickel 50060 Total00076 Tlubidity 00600 Total Nitrogen 01002 Total Atsanle 01077 Silver RwIdue 00080 Color (Pt -Cc aw10 Ammanla Nitt4gen 01092 Zinc Chlorine W082 Color (ADMI 00625 Total Igeldhal 01027 Cartmium 01105 Aluminum N€trocJen 000" Conductivity fl00630 Nltre1WNitr1tes 01032 Hexayslent Chromium 01147' Total Selenlur 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 recall Corifom71900 Mercuiv 00310 801:16 0005 Total Phosphorous 32730 Total Phenolitat557 Xylene 00340 COD 110720 Cyanide 01037 Total Cobalt 34236 Berzeno 00400 pH 00745 Total Sulfide 01042 Copper wal Toluene 00530 Total Susper 00927 Total MagnasiuM 38280 MBAS Residue 00920 Totall Sodium 01045 Iron 39516 PCBs 00545 Settleable N 00940 Total Chloride 01051 Lead 5OM Flow Parameter Code assistance may obtaiheit b calling the Waster Qaality Compliance Group at (919) 733-5083, exte»sian 581 or 834, The monthly average for fecal coufor'm Is to he reportad as a GEOMETRIC mean. Use only units designated in the reporting facility's Parma for reporting data, *ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A .0202 (b) (0) (B). *"if signed by other than the Pearniffee, delegation of signatory authority must he on file with the state per 15A NCAC 28.0508 (b) (2) (D). IS NO ORr- 4rx TO DING ISSv6S iEUULIN& . "noµ fj;A& F-11 FILE COPY ®Y NCDENR North Carolina Department of Environment and Natural Re Fees Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Fr ernGovernor Director Sec aA CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Deb Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dear Ms. Whitmore: November 21, 2011 0874 Subject: Notice of Violation and Recommendation for Enforcement Tracking #: NOV-2011-MV-0180 NC Outward Bound School WWTP NPDES Permit No. NCO040754 Burke County A review of the March 2011 self -monitoring report for the subject facility revealed violations of the following parameters: Date Outfall Parameter Measuring Frequency Violation 03/05/2011 001 BOD Weekly Failure to Monitor 03/12/2011 001 BOD Weekly Failure to Monitor 03/05/2011 001 Fecal coliform Weekly Failure to Monitor 03/12/2011 001 Fecal coliform Weekly Failure to Monitor 03/05/2011 001 DO Weekly Failure to Monitor 03/05/2011 001 Flow Weekly Failure to Monitor 03/05/2011 001 pH Weekly Failure to Monitor 03/05/2011 001 TSS Weekly Failure to Monitor 03/12/2011 001 TSS Weekly Failure to Monitor 03/05/2011 001 Temperature Weekly Failure to Monitor 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.)-143-21-5.1 and NPDES Permit No.-NCOONCO040754-. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) days after receipt of this Notice. A review of your response will be considered along SURFACE WATER PROTECTION SECTION—ASI-IEVILLE REGIONAL OFFICE Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500\ Fax: 828-299-7043 \ Customer Set -vice: 1-877-623-6748 Internet: hltp://portal.ncdenr.oM/web/wq An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/I0% Post Consumer paper NorthCarolina Ms. Deb Whitmore November 21, 2011 Page Two with any information provided on the March 2011 Discharge Monitoring Report. You will then be notified of any civil penalties that!may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to`ope'ration and/or maintenance problems, and you anticipate remedial construction activities, then`you may wish to consider applying for a Special Order by Consent. You may contact this Office for -additional information. If you have questions concerning this matter, please do not hesitate to contact Janet Cantwell or me at 828/296-4500. Sincerely, Chuck Cran ord, Regional Supervisor Surface Water Protection Section Asheville Regional Office D�W�QrAsheui-ll aU$tes DWQ Central Files Bob Guerra/ DWQ Point Source Branch S:*xSWPiisBurke`:U'astew,iter,\AinorsiNC Outward hound 40154CNOV-NRC-3011-NIV-0180.doc — Cantwell, Janet , From: Deb Whitmore [DWhitmore@ncobs.org] Sent: Friday, December 09, 2011 8:58 AM To: Cantwell, Janet Subject: FW: violation now from APRIL. Attachments: NCOBS_Sharp_Copier@ncobs.org_20111209_094513.pdf; NCOBS_Sharp_Copier@ncobs.org_20111209 095309.pdf; NCO BS_Sharp_Copier@ncobs.org_20111209_095348.pdf, Importance: High Hello Janet, could I get your help again now with this violation. I have included the letter and DMR that was supposedly sent into the State for April. Again not sure what was missed. Thanks. Deb Sweeney Whitmore Director of Program Operations Y NC Outward Bound School 2582 Riceville Road, Asheville, K. 28805 828-299-3366 ext 150 828=273-8598 (cell) dwhitmore(@ncobs.orR -----Original Message ----- From: Deb Whitmore Sent: Friday, December 09, 2011 8:56 AM To: juanitar-iames(@yahoo.com; Peter Hampson; Bill Murray; jjemi@abellsouth.net Subject: violation now from APRIL. Importance: High And we can't have a good day with out yet another violation. Please see the attached. The first scan is the violation letter, the second and third scans are what Juanita stated had been sent to the State. I will be speaki'ng,with ;Janet at the local office again today to try rectify this one also. Juanita, any 'insight you`,have please give me a call today. thanks. Deb Sweeney Whitmore Director of Program Operations NC Outward Bound School 2582 Riceville Road, Asheville, NC. 28805 828-299-3366 ext 150 828-273-8598 (cell) dwhitmore(@ncobs.org 1 -----Original Message ----- From: Sharp Copier On Behalf Of NCOBS_Sharp_Copier@ Sent: Friday, December 09, 2011 9:45 AM To: Deb Whitmore Subject: Scanned image from NORTH CAROLINA OUTWARD BOUND SCHOOL Reply to: NCOBS Sharp CopierOancobs.org <NCOBS Sharp Copier(@ncobs.orR> Device Name: SHARP MX- 503N Device Model: MX-M503N Location: Town Office File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe Systems Incorporated in the United States and other countries. http://www.adobe.com/ CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. rJ JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 - (828) 697-0063 OFFICE (828) 697-0065 FAX OUTWARD BOUND Dear Client, Please find enclosed a copy of the Discharge Monitoring Report (DMR) for last month. This report and one copy have been sent to the State on your behalf. Please place this report in your file for fitture reference. We are pleased to notify you that your facility operated most of the month within your National Pollutant Discharge Elimination System (NPDES) permit. We did experience a result that was greater than the permit discharge limits. Your permit has both a .monthly maximum and a daily maximum. Your facility exceeded the permit discharge limits on the items listed below: APRIL, 2011 FECAL COLIFORM 1) 4/14 - >600 colonies/100 mis CHRONIC TOXICITY 1) Both Chronic and Acute Toxicity failed This gave a daily maximum violation on one day and did give a monthly violation. We. determined that the cause of the violation was due to unknown circumstances. The first sample had increased chlorine residual and Acute Toxicity samples had to be collected. The first Acute Toxicity had a pass rate of 68% which is lower than your permitted allowance of 90%. We are researching to determine why the pass rate of your effluent does not meet regulations. You may receive a monetary fine for this month. Thank you for your understanding in this matter. Thank you for choosing James & James as your service company. Harry & Juanita James NPDES NO. NCO040754 DISCHARGE NO. 001 MONTH APRIL YEAR 2011 FACILITY NAME NC OUTWARDBOURDCFi OL COUNTY U KE I Istream �'G .ti '..-. ?1.h p - n� � •= 0.f., x'F .N.it�� � ., rc i �+, aws dkl;h...-�.,1.".,�1'tp a•7`.�il !as",'EMNAlf � ;: "'.i��•�m lt���• :'C 1'�a" � 0'Fa — ."Y'. �jQ��,��1,p,``'i``r• f S �r^n Air11Al! ,, .R �II,ME MEMO �atpa}, !N., m�'Ii' hh%j��■�r�ju� m_ ic'. fq�4?kV:b� Fitf�+n,Ft�i �r m�mm �. . ,. . mI mrmmri��i■■■�_ ' .,u. A MI ` a rr :4I . .. mu �m Downstream mmmammovA �����°� m��-�_-� Cd ��5`3,f Xqm am ffiNmer Mm mm l ,,,__ NOW" y� LYN�'MfdLfuYG•,`� , 4• 4 e P%n ,i5�-31N i . :YS� f 4 NO N F _ ON it3FS ,ir■�■i Nam ut mm a . MAN .. I NO all I MR mm���� r No mill Wl DEM Form MR-3 01184) NODERR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Governor Director December 1, 2011 Ms. Deb Whitmore NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dee Freeman Secretary Subject: NOTICE OF VIOLATION NOV-2011-LM-0059 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dear Ms. Whitmore: A review of NC Outward Bound .School's; WWt; ,, I l6pitoring report for April 2011 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Coliform, Fecal MF, M-FC Broth,44.5C 04/14/2011 400 #/100ml 600 #/100ml Daily Maximum Exceeded Parameter Date MeasuringFrequency Violation pH 04/02/2011 Weekly Failure to Monitor Temperature., Water Deg. Centigrade 04/02/2011 Weekly Failure to Monitor 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 Fecal coliform violation, it is not requested that a response be submitted.. However, if the above parameters for pH and Temperature were 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. The Division of Water Quality may pursue enfordemen#'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 828/296-4600. Sincerely, Chuck anford, Regional Supervisor Surface Water Protection Section cc: DWQ Asheville Files DWQ Central Files James & James Environmental/ ORC S:1SWPtBurketWastewaterlMliiors\NC outward Bound 40754WOV-2011-LM-0059.doe IVDiO Carolina turall11 North Carolina Division of Water Quality 4,v 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 customer Service Internet: www.ncwaterquaI9y.ora FAX (828)299-7043 1-877-623-6748 a Facility Status (Please check one of the following) ' All -monitoring data and sampling frequencies meet permit requirements Compliant All -monitoring data and sampling frequencies do NOT meet 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 A = TSS data valid;_ Duplicate exceeded QC criteria H — t30D data valid; Seed correction factor is greater than 1.00mg/L The first toxicity was for the month ofMarch, 2011.One could not be scheduled in time -for the end of the month. The second toxic was an acute toxicity . The elevated fecal was improved by .cleaning out the chlorinator so that more water could contact the tablets. "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," N. C. OUTWARD BOUND SCHOOL Permittee Please print.or type). A. 1 5-25-11 N. C. OUTWARD BOUND SCHOOL Signal re f Permittee** DATE 2582 RICEVILLE ROAD ASHEVILLE N.C. 28805 82&697..0063 1-3145• Perm Permittee Address Phone. Number Permit Exp. Date PARAMETER CODES 00010 Temperatur 00656 Oil & Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 $fiver Residue 00080 Color (Pt -Cc 00610 Ammonia Nitrogen 01092 zinc Chlorine 00082 Color (ADM 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivltj 000630 Nitrate/Nitrites 01032 Hexavalent Chromium 01147 Total Selenier71&80 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31816 Fecal Coliforr 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Pheholh 81561 Xylene 00340 COD 007.20. Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper • 34481 Toluene 00530 Total Suspet 00927 Total Magnesium 38260 MBAS Residue 00929 Totall Sodium 01045 Iron 39516 PCBs 00545 Settleable h 00940 Total Chloride 01051 Lead 50060 Flow Parameter Code assistance may obtained b calling the Water Quality Compliance Group at.(919).733-5.083, extension 681 or 5M. The monthly average for fecal.colfform is to be reported as a GEOMETRIC mean:, Use: only units designated 16 the reportfng facility's permit for reporting data, .. *ORC must visit facility and document visitation of facility as required per 15 A NCAC 8A ,0202 (b) (5) (B), "*If signed by other than the perrmittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B4O506 (b) (2) .(D), Effluent Aquatic Toxicity Report/1'hase 11 Chronic Ceriodaphitia 44/27/11 laeility Outward Bound NPDES#NC .0040754 Pipe# 001 County ,aboratory P forming. Test Research & nalyf a abs Inc. Comments: Final Effluent X A James & James Environmental Project ifjnat&e of O.R:C. SiloaturAf I.a upervisor. RAL #700819/701074 Sig Sample Information Collection Start Date Grab Composite (Duration) Hardness (mgh) Spec.Cond. (amhos/cm) Chlorine (mg[L) Sample temp. at receipt Control Effluent % 45, Effluent % 60 Effluent % 75 Efllucat % 90 Sample ] Sample 2 Control 04/19/11 04/21/1 l '.'j4 K:3l. s �,tf •''1'ti� i '`3F 1,097 "1,127 182. ]nformation* Treatment pH Initial pH Final D.o. initial D.D. Final Temp. Initial Temp, Final Start Date 04/20111 End Date 04127/11 Start Time 12t47 PM End Time -.. 09:51 AM Start Renew 1 Renew 2 Start .-. Renew 1 Renew 2 10010 60% 60% Control Control Control 7.46 7.08 _. 7.09 6.93 6.94 _ 6.91 _ 7.55 7.17 7.17 7.02 7.02 7.00 7.0 7.2 7.4 8.6 8.5 816 5.2 5.8 6.9 8.4 8.2 8.4 25.0 24.6 24,6 24.4 24.3 24.4 24,8 25.2 25.1 24.8 25.2 25.1 OrgariiarnO e u o I n 11 12 Mean #Young 21 23 23 24 1 22 1 21 25 23 21 22.7, n24 -�>L L L L L L L L. L! 4 21 20 18 19 I6 20 21 18 21 19 ` 1915 %Red t =(L)ivo L L L L L I L] L. I L L L 14.10% 1 2 3 4 5 0 7 c y ,v .,�.. # Young 18 18 17 21 16 20 19 19 17 18 18.3 Adult % Red t (L)ive (D)eed L L L L L L L L L L 19.4 c A 7 R e In 411.7 # Young 0 0 0 0 0 0 0 0 0 0 0 Adult j[jD I I J_JDD I %Red t (LNve(D)ead D D D D D D D 100 a a c u M mean # Young 0 0 0 1 o 0 0 0 0 0 0 0' Adult (L)Ive (D)ead D D D D D D D D D D % Red t 100 1 2 3• 4 5 6 7 8 9 10 Mean Effluent % 100 Chronic Test Results Final Control Mortality % 0 - Control 3rd Brood 100 Control Repro CV 6.25 48 Hour Mortality Control lWC 0 of 10 10 of E Stwficant7 I • Y N Final Mortality Significant Repro. LOEC = 45% NOBC = <4! ethod: Dunnett's Test Normal Distrib7 Yes Method: Shapiro w Statistic: 0.95466 Critical: 0.9 Equal Variances? Yes Method: Hardel Statistic: 0.23353 Critical: 9.21 1111-2arameW9Analysis (ifap lisp ab1e1 F-4 4, Rank Sum Critical Sutn Overall Analysis: Result = PASS/FAIL or Test LOEC o 75 %: NOEC= 60% Chronlc Value= , 67.08 A77. Environmental Sciences $ranch * Should -use highest test concentration or Div. Of Water Quality highest concentration with D.O. >5.0 mg/! MAIL N.C. DENR TO. 1621 Mail Service Center 1% Reduction from Control Reproduction Moan Raleigh, NC 27699-1627 Copy DWQfort» AT 3 (8/91) Rev. 11195 # Young 0 0 0 0 0 0 0 0 O. 0' 0, Adult %'Red t (L)ive (D)ead D D D D D D D D D D 100 _:r e Cantwell, Janet From: Menzel, Jeff Sent: Friday, November 18, 2011 3:04 PM To: Cantwell, Janet Subject: FW: CPA Outward Bound School NCO040754 Deb Whitmore Jeff Menzel - ieff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Sent: Friday, September 30, 201I'12:02-PM' —� To: Menzel, Jeff Cc: Bill Murray; Peter Hampson; Mark Wulff Subject: RE: CPA Outward Bound School NCO040754 j Jeff, thank you for your email. I am attaching below the timeline of my communications with James and James per the violations that I did receive, and that were forwarded onto the operator company, via Juanita. I also spoke directly with Juanita on this issue involving the fines on August 3`d I am expecting a belated letter of remission for the fines from Juanita today, which until yesterday I was under the impression this had already been completed. As you can see on August 4th, I had sent an email to my management informing them of the situation as a fine close to $4000 is not in our budget and is a BIG deal for us. This following a conversation with Juanita. I am somewhat disturbed in finding out the actions that were discussed with James and James had not been followed through with and I will be following up with Juanita today, again in rectifying this situation immediately. I apologize for the situation I find myself in, and our school and am appreciative of your patience in this matter which I hope to have some resolution on today. Kind regards, ,12582 Riceville Road, Asheville, NC. 28805 828-299-3366 ext150 „828-337-2783 (cell) ",outward Bo�ad _�„,� -----Original Message ----- From: Deb Whitmore Sent: Wednesday, June 01, 20112:47 PM To:'JUANITA JAMES' Subject: FW: violation notification Importance: High Hey Juanita, Not sure how to read this - did we violate because they did not receive the March report? -----Original Message ----- From: JUANITA JAMES [mailto:ivanitariames@yahoo.com] Sent: Saturday, June 04, 2011 8:12 AM To: Deb Whitmore Subject: Re: violation notification Deb, the laboratory could not set up the Chronic Toxicity in the time frame given. They have to order in water fleas for this purpose. The State Toxicity division knew this in March and understood that the test was set for the first week in April. We will follow up to ensure they remember. Thanks From: Deb Whitmore Sent: Tuesday, July 12, 2011 11:13 AM To: 'juanitarjames@yahoo.com'; Mark Wulff Cc: Peter Hampson Subject: water system at NCOBS Importance: High Hello Juanita, Thanks again for the prompt return call today. I have spoken with Mark and we would like to move ahead with James and James conducting the testing of our drinking water system. $35 per quarter, and $30 per annual. I believe we are due for at least one of these tests asap. Our current permit number is NC0112570. Please let me know if you need anything more in getting started with this process. As for the chlorine in the discharge plant, I have asked Mark to follow up with your suggestions: 1. minimize all use of chlorine 2. dump out most chlorine onto ground rather than system where applicable 3. change out with simple green or hydrogen peroxide where possible 4. ensure we are using the lowest amount necessary in our sink system 5. use of de -chlorination tabs (1-2 teaspoon) per triple sink system Hopefully all that will get us back on track sooner than later. Mark, please know the July test is up in the next week so if we can implement these changes today that would be beneficial. Thanks. -----Original Message ----- From: Deb Whitmore Sent: Thursday, August 04, 20119:46 AM To: 'juanitarjames@yahoo.com' Cc: Peter Hampson; Bill Murray Subject: FW: Scanned image from .NORTH CAROLINA OUTWARD BOUND SCHOOL-WWTP Importance: High Juanita, thanks for calling me yesterday. Please find attached the violation and fine notice. Any help here would be appreciated. I will be speaking with Mark today about those further actions we spoke about in aiding the health of the plant. Many thanks. From: Deb Whitmore Sent: Thursday, August 04, 2011 2:49 PM To: Alyse Ostreicher; Bill Melton; Bill Murray; Lynda Brackett; Peter Hampson; Whitney Montgomery Cc: Mark Wulff Subject: TR WWTP Hello, I just wanted to give you all an update on the status of the WWTP: Every quarter we have a chronic toxicity test conducted at a cost of $300. Unfortunately we failed the April test, and due to that failure we are required to test every subsequent month until we pass. Well we just failed our fourth consecutive month. We also just received an invoice for $3000 of fines associated with these fails. In speaking with the operator company, they have suggested three steps, one of which was instated last month. Reducing all chlorine into the system — from deissue, cleaning, to the triple sink system. We are looking at alternative chemicals, simple green being the one suggested by the operator company. We are also de - chlorinating the triple sink system, as per health code we are required to use chlorine. 2000gallon water flush — due to our flow throw the WWTP being so small, the build up of chemicals from what we put down the drains, may have built up to a level that is causing the system to fail the test and its not flushing out quickly enough. Chris and Mark are getting on this flush in the next week. The next test is not scheduled until the end of August, so steps need to be complete/instilled by then. Removing all other chemicals from entering the system — the blue loo goo, is the stuff we have been using in the mobile toilet systems. When we clean them out they go into the WWTP. We will stop using this stuff and replace with simple green and water. Right now the operator company has been in contact with the state to deal with this issue. They are also addressing the severity of our fines and may be able to try get that total reduced. We have not ever failed this test before, though it was only instated by the state about 5 or so years ago. From: Menzel, Jeff[mailto:jeff.menzel(a)ncdenr.gov] Sent: Friday, September 30, 2011 11:29 AM To: juanitarjames@yahoo.com; Deb Whitmore Subject: FW: CPA Outward Bound School NCO040754 Deb, Attached is the civil penalty along with the certified mail receipt. Below is my contact information. I will see that you are the primary CUIILdct for the correspondence and that James and James is copied in the future. Regards, Jeff Jeff Menzel - jeff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Giorgino, John Sent: Tuesday, September 20, 2011 2:20 PM To: Menzel, Jeff Subject: CPA Outward Bound School NCO040754 Hi Jeff. As requested please find 2 attachments. The CPA TX-2011-0007 and the certified mail "green card". Thanks. -John John Giorgino Environmental Biologist North Carolina Division of Water Quality Environmental Sciences Section Aquatic Toxicology Unit Mailing Address: 1621 MSC Raleigh, NC 27699-1621 Office: 919 743-8441 Fax: 919 743-8517 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited, If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. ecru ary t Mr. John D. Wall N.C. Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality; r Coleen K Sullins ,,, �. , `Dee Freeman Director aiz; S t a July 26,2011 , CERTIFIED MAIL: 7007 1490 0004 5533 5892 r ;: RETURN RECEIPT.REQUESTED Beverly Eaves Perdue Governor SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0031 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO040754 N.C. Outward Bound School Burke County Dear Mr. Wall: This is to inform you that a review of your toxicity self -monitoring report form for May indicates a violation of the toxicity limitation specified in your NPDES Permit. It is the third violation for the quarter. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). � Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole -Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. cerely ur-�( K�� Cindy Moore Supervisor, Aquatic Toxicology Unit cc: "imager Rd,, ards- Asheville Regional Office Jeff Menzel- Asheville Regional Office Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina.27607 Phone: 919-743-84001 FAX: 919-743.8517 \ Customer Service: 1-877-623.6748 Internet: http://h2o.enr.state.nc.us/esb/ One NoftliCarolina An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and -sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be. entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does nothave a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified2jdL return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NOI't�1Cc%i'01-111ii Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ pp rr�� / Natl�d9il�lly '/ An Equal Opportunity 1 Affirmative Action Employer A, 7L4jA,, RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL: 7007 1490 0004 5533 5892 RETURN RECEIPT.REQUESTED Mr. John D. Wall N.C. Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 Coleen H. Sullins Dee Freeman Director Secretary July 26, 2011 SUBJECT: NOTICE OF VIOLATION: NOV-2611-TX-0031 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO040754 N.C. Outward Bound School Burke County Dear Mi:, Wall: This is to inform you that a review of your toxicity self -monitoring report form for May indicates a violation of the toxicity limitation specified in your NPDES Permit. It is the third violation for the quarter. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. cerely(N� I'- Cindy Moore Supervisor, Aquatic Toxicology Unit cc: Roger Edwards- Asheville Regional Office .Y e' zel- Asheville Regional Office Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road. Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp:llh2o.enr.state.nc.us/esbl One Noit_ I Carolina 7AIA911Y An Equal Opportunity \, Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at -the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, You may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh. North Carolina 27607 No th Carofina Phone: 919-743-84001 FAX: 919-743.85171 Customer Service: 1.877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ allil a�r6d�6 J An Equal Opportunity 1fi Afrmative Action Employer A F5% jP4 NCDENR - North .Carolina Department of Environment and Natural Resources Division of Water Quality - Beverly Eaves.Perdue Coleen.H. Sullins Dee Freeman Governor Director - Secretary November:29, 2011 Ms. Deb -Sweeney Whitmore - Director of Program Operations NC Outward Bound School 2582 Riceville Rd., Asheville, NC 28805 Subject: Remission Request of Civil Penalty Assessment NC Outward Bound School NPDES Permit NCO040754 - Case Number(s) TX-2011-0009 Burke County Dear Ms. Whitmore: This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact John Giorgino at (919) 743-8441 or me at (919) 743-8442. cc: Chuck. Cranford- Asheville Regional Office �J' f�P�tenzel sl oailrleFReaionalYOffC. ATU Enforcement File Central Files cerely, Cindy Moore Supervisor; Aquatic Toxicology Umt :. Er Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621,,,•, Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NorthCarollrla Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http:lfh2o.enr.state.nc.us/esb/ Git1�X'Gi�� An Equal Opportunity 1 Affirmative Action Employer vvv c4it'A �r ®® RODE®A� R North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Ms. Deb Sweeney Whitmore Director of Program Operations N.C. Outward Bound School 2582 Riceville Road Asheville, NC 28805 Dear Ms. Whitmore: Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary October 28, 2011 Subject: Remission Request of Civil Penalty Assessment N.C. Outward Bound School WWTP NPDES Permit NCO040754 Case Number(s) TX-2011-0007 Burke County CERTIFIED MAIL: 7007 0220 0001 4482 1305 RETURN RECEIPT REQUESTED This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity on 7/26/11. As discussed on 10/26 during your phone conversation with John Giorgino, the request was received on 9/30, well past the 30-day response requirement. In the future, we encourage remission requests to be sent on time by certified mail. If certified mail is not an option, please follow through with a phone call. The Civil Penalty Assessment in the amount of $3069.26 is now due. Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please include the case number with payment. If you have any questions about this matter, please contact John Giorgino at (919) 743-8441 or me at (919) 743-8442. Sincerely, ` 1 Cindy Moore .xr ;r r.,•x: s x:.:-, rc ;r-kr:::ra_e .:� ,.. x - - Supervisor, Aquatic ToxicologyµUnit - L _ . y. T1 cc: Keith Haynes- Asheville Regional Office I eJE ff�NC�n�el�shi�le�Rcgionali0k ffice� ,, • I, .�`,' i � i 1 �{ ATU Enforcement File Central Files l � i� I 0 CT 3 1 2011 ' L: :1r ' 1•' • van r l c.u:;u Y S CT Environmental Sciences Section ASHc'tifll_I_` r Gi• >„'- C CF ! 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 -- ! olle Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 } Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 NOl" , at Olina. t� Internet: http:llh2o.enr.state.nc.uslesbl An Equal Opportunity 1 Affirmative Action Employer M North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 28, 2011 Ms. Deb Sweeney Whitmore Director of Program Operations N.C. Outward Bound School 2582 Riceville Road Asheville, NC 28805 Subject: Remission Request of Civil Penalty Assessment N.C. Outward Bound School WWTP NPDES Permit NCO040754 Case Number(s) TX-2011-0007 Burke County '� CERTIFIED MAIL: 7007 0220 0001 4482 1305 RETURN RECEIPT REQUESTED Dear Ms. Whitmore: Dee Freeman Secretary This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity on 7/26/11. As discussed on 10/26 during your phone conversation with John Giorgino, the request was received on 9/30, well past the 30-day response requirement. In the future, we encourage remission requests to be sent on time by certified mail. If certified mail is not an option, please follow through with a phone call. The Civil Penalty Assessment in the amount of $3069.26 is now due. Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please include the case number with payment. If you have any questions about this matter, please contact John Giorgino at (919) 743-8441 or me at (919) 743-8442. Sincerely, 0'4'�-Wq Cindy Moore Supervisor, Aquatic Ti cc: I� L1 . , . 0 - •shevi ll Regt`O- aliOffi Jeff Menzel- Asheville Regional Office ATU Enforcement File Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 Internet: http:llh2o.enr.state.nc.uslesbl L``'� gYUnit; I L OCT 3 1 2011 G' r Vi TE t T;: J One NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer a MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 21, 2011 CERTIFIED MAIL: 7007 0220 0001 4482 1282 RETURN RECEIPT REQUESTED Ms. Deb Sweeney Whitmore Director of Program Operations NC Outward Bound School 2582 Riceville Rd. Asheville, NC 28805 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES Permit No. NCO040754 NC Outward Bound School Burke County TX 201 l -0009 Dear Ms. Whitmore: This letter transmits a Civil Penalty assessment a inst NC Outward .Bound School in the amount of $ ($ ?gyp ® Q , 0 civil penalty + $ � , � enforcement costs). Dee Freeman Secretary This assessment is based upon the following facts. A 1. review of the facility's toxicity self -monitoring data from August, 2011 has been conducted. The review has shown NC Outward Bound School to be in violation of the 90.0 % chronic toxicity effluent discharge limitation found in NPDES Permit No. NC0040754. The facility's toxicity self -monitoring reports for June through August revealed the following effluent toxicity permit limit violations. June 14, 2011 Fail (7 day P/F) non -compliant July 19, 2011 52.0% (7 day cluonic value) non -compliant August 23, 2011 96.7 % (7 day chronic value) compliant The average chronic value for the quarter (74.35%) is less than the chronic limit for the facility (90.0%). Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.uslesb/ One NorthCarol.ina mit, ally An Equal Opportunity 1 Affirmative Action Employer Based upon the above fact(s), I conclude as a matter of law that NC Outward Bound School violated the terms, conditions or requirements of NPDES Perin it No. NCO040754 and N.C.G.S 143-215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.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, Cindy Moore, Supervisor, Aquatic Toxicology Unit, hereby make the following civil penalty assessment against NC Outward Bound School. For of ; violation(s) of G.S. 143-215. 1 (a)(6) and NPDES Permit o. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for June 14, 2011. $ �D o o, oD For of 1 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for July 19, 2011. Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the 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. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh. North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ One N OI'thCcti'0hna An Equal Opportunity! Affirmative Action Employer Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made -directly to the Department of Environment and Natural Resources (do not include waive° form). Payment of the penalty will not foreclose enforcement action for any continuing or new. violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K' 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) one or more of the civil penalty assessment factors in G.S. 143B-282. I (b) were wrongfully applied to the detriment of the petitioner; (2) the violator promptly abated continuing environmental damage resulting from the violation; (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations; (5) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-143-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ One NorthCarol.ina N%ttirally An Equal Opportunity 1 Affirmative Action En#cyer 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: Environmental Sciences Section Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 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 fled 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 fled 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, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ One NorthCaro7ina Nawrally An Equal Opportunity'\. Affirmative Action Employer A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441 or me at 919-743-8442. . /6 . Z qt/ - Date ATTACHMENTS J Cindy Moore Supervisor, Aquatic Toxicology Unit cc: Keith Haynes- Asheville Regional Office w/attachments �'1��'l�t� az 1�A�1 .,;ir}-1-erI�egia�aliO�f�latt�lYrrie_ _ 1, Point Source Branch File w/attachments - John Giorgino -Aquatic Toxicology Unit w/attachments Central Files w/attachments Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-8517 l Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ One NofthCarohna ;%iurally, . An Equal Opportunity 1 Affirmative Action Employer _STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE ) IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS NC OUTWARD BOUND SCHOOL ) NPDES PERMIT NO. NCO040754 ) FILE NO. TX-2011-0000 Having been assessed civil penalties totaling forth in the assessment document of the Director of the Division of Water Quality dated for violation(s) as set , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2011. BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: TX-2011-0009 County: Burke Assessed Party: NC Outward Bound School Permit No.- (if applicable): NCO040754 Amount Assessed: $ 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 o� 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 penally will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you./rom performing the activities necessary to achieve compliance). EXPLANATION: Cantwell, Janet From: Menzel, Jeff Sent: Friday, November 18, 2011 3:04 PM' To: Cantwell, Janet Subject: FW: CPA Outward Bound School NCO040754 Deb Whitmore Jeff Menzel - ieff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From:�Deb� hitmore [mailto DW,MRTU a@r�cob$ Sent: Friday; `September 30; 201�1`12":02 PM"yam To: Menzel, Jeff Cc: Bill Murray; Peter Hampson; Mark Wulff Subject: RE: CPA Outward Bound School NCO040754 Jeff, thank you for your email. I am attaching below the timeline of my communications with James and James per the violations that I did receive and that were forwarded onto the operator company, via Juanita. I also spoke directly with Juanita on this issue involving the fines on August 3,d I am expecting a belated letter of remission for the fines from Juanita today, which until yesterday I was under the impression this had already been completed. As you can see on August 4th, I had sent an email to my management informing them of the situation as a fine close to $4000 is not in our budget and is a BIG deal for us. This following a conversation with Juanita. I am somewhat disturbed in finding out the actions that were discussed with James and James had not been followed through with and I will be following up with Juanita today, again in rectifying this situation immediately. I apologize for the situation I find myself in, and our school and am appreciative of your patience in this matter which I hope to have some resolution on today. Kind regards, dfOirth'_�rgEi»� � � ,.;� Elatward �o�nd rx U -----Original Message ----- From: Deb Whitmore Sent: Wednesday, June 01, 20112:47 PM To: 'JUANITA JAM ES' Subject: FW: violation notification Importance: High Hey Juanita, Not sure how to read this - did we violate because they did not receive the March report? -----Original Message ----- From: JUANITA JAMES [mailto:ivanitariames@yahoo.comj Sent: Saturday, June 04, 20118:12 AM To: Deb Whitmore Subject: Re: violation notification Deb, the laboratory could not set up the Chronic Toxicity in the time frame given. They have to order in water fleas for this purpose. The State Toxicity division knew this in March and understood that the test was set for the first week in April. We will follow up to ensure they remember. Thanks From: Deb Whitmore Sent: Tuesday, July 12, 2011 11:13 AM To: 'juanitarjames@yahoo.com'; Mark Wulff Cc: Peter Hampson Subject: water system at NCOBS Importance: High Hello Juanita, Thanks again for the prompt return call today. I have spoken with Mark and we would like to move ahead with James and James conducting the testing of our drinking water system. $35 per quarter, and $30 per annual. I believe we are due for at least one of these tests asap. Our current permit number is NC0112570. Please let me know if you need anything more in getting started with this process. As for the chlorine in the discharge plant, I have asked Mark to follow up with your suggestions: 1. minimize all use of chlorine 2. dump out most chlorine onto ground rather than system where applicable 3. change out with simple green or hydrogen peroxide where possible 4. ensure we are using the lowest amount necessary in our sink system r 5. use of de -chlorination tabs (1-2 teaspoon) per triple sink system Hopefully all that will get us back on track sooner than later. Mark, please know the July test is up in the next week so if we can implement these changes today that would be beneficial. Thanks. -----Original Message-----`' From: Deb Whitmore Sent: Thursday, August 04, 20119:46 AM To: 'juanitarjames@yahoo.com' Cc: Peter Hampson; Bill Murray Subject: FW: Scanned image from NORTH CAROLINA OUTWARD BOUND SCHOOL-WWTP Importance: High Juanita, thanks for calling me yesterday. Please find attached the violation and fine notice. Any help here would be appreciated. I will be speaking with Mark today about those further actions we spoke about in aiding the health of the plant. Many thanks. From: Deb Whitmore Sent: Thursday, August 04, 2011 2:49 PM To: Alyse Ostreicher; Bill Melton; Bill Murray; Lynda Brackett; Peter Hampson; Whitney Montgomery Cc: Mark Wulff Subject: TR WWTP Hello, I just wanted to give you all an update on the status of the WWTP. Every quarter we have a chronic toxicity test conducted at a cost of $300. Unfortunately we failed the April test, and due to that failure we are required to test every subsequent month until we pass. Well we'just failed our fourth consecutive month. We also just received an invoice for $3000 of fines associated with these fails. In speaking with the operator company, they have suggested, three steps, one of which was instated last month. Reducing all chlorine into the system — from deissue, cleaning, to the triple sink system. We are looking at alternative chemicals, simple green being the one suggested by the operator company. We are also de - chlorinating the triple sink system, as per health code we are required to use chlorine. 2000gallon water flush — due to our flow throw the WWTP being so small, the build up of chemicals from what we put down the drains, may have built up to a level that is causing the system to fail the test and its not flushing out quickly enough. Chris and Mark are getting on this flush in the next week. The next test is not scheduled until the end of August, so steps need to be complete/instilled by then. Removing all other chemicals from entering the system — the blue loo goo, is the stuff we have been using in the mobile toilet systems. When we clean them out they go into the WWTP. We will stop using this stuff and replace with simple green and water. Right now the operator company has been in contact with the state to deal with this issue. They are also addressing the severity of our fines and may be able to try get that total reduced. We have not ever failed this test before, though it was only instated by the state about 5 or so years ago. From: Menzel, Jeff fmailto:jeff.menzel@ncdenr.gov] Sent: Friday, September 30, 2011 11:29 AM To: juanitarjames(d ahoo.com; Deb Whitmore Subject: FW: CPA Outward Bound School NCO040754 Deb, Attached is the civil penalty along with the certified mail receipt. Below is my contact information. I will see that you are the primary conLdLA for the correspondence and that James __ James is copied in the future. Regards, Jeff Jeff Menzel - ieff.menzel@ncdenr.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Surface Water Protection Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Giorgino, John Sent: Tuesday, September 20, 2011 2:20 PM To: Menzel, Jeff Subject: CPA Outward Bound School NCO040754 Hi Jeff. As requested please find 2 attachments. The CPA TX-2011-0007 and the certified mail "green card". Thanks. -John John Giorgino Environmental Biologist North Carolina Division of Water Quality Environmental Sciences Section Aquatic Toxicology Unit Mailing Address: 1621 MSC Raleigh, NC 27699-1621 Office: 919 743-8441 Fax: 919 743-8517 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties., CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 4 �Ne®��� � DENR _ North'Carolina Department of Environment and, Natural Resources Division of Water Quality - Beverly Eaves Perdue Coleen.H. Sullins Dee Freeman Governor Director Secretary November 29, 2011 Ms. Deb Sweeney Whitmore - Director. of Program Operations NC Outward Bound School 2582 Riceville Rd. - Asheville, NC 28805. Subject: Remission Request of Civil Penalty Assessment NC Outward Bound School NPDES Permit NCO040754 Case Number(s) TX-201170009 Burke County J Dear Ms. Whitmore-. This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact John Giorgino at (919) 743-8441 or me at (919) 743-8442. cerely, Cindy Moore Supervisor, Aquatic ToxtcologyrUnit _ t cc: C1�yu'dkran of=< Tvilile 'ona office Jeff Menzel- Asheville Regional Office ? ATU Enforcement File i DEC ®1 _20,11 + i Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 �^ ' Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Z111.`•" ^A7�n�e,1., """ _' Phone: 919-743-84001 FAX: 919-743-85171 Customer Service:1-877-623-6748 1 V Ol u1CaTOlina Internet: http://h2o.enr.state.nc.us/esb/ Natlll allff An Equal Opportunity 1 Affirmative Action Employer r2h MCDENR North Carolina Department of Environment and Natura Division•of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 24, 2011 CERTIFIED MAIL: 7002 3150 0003 7052 4153 RETURN RECEIPT REQUESTED Mr. John D. Wall N.C. Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0033 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0040754 N.C. Outward Bound School Burke County Dear Mr. Wall: Resources Dee Freeman Secretary This is to inform you that a review of your toxicity self -monitoring report forms for June, 2011 indicates violations of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting . Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. S' cVely, Cindy Moo e Supervisor, Aquatic Toxicology Unit cc: ®Roge"' rdMwards- Asheville Regional Office Jeff Menzel- Asheville Regional Office Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ An Equal Opportunity 1 Affirmative Action Employer _..I I F AUG 2 6 2011 One '. WATER (t) - .lna ASyEVILLE 4` L v. nd WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. -John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement -initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 iVc)hth Ci�I C)1.1.T1ii Phone: 919-743-84001 FAX: 919-743.85171 Customer Service: 1.877-623-6748 Internet: hftp:/lh2o.enr.state.nc.uslesb/ '/'�/a'til'l'a•Cl#�,/ An Equal OpportunityAffiirmativeAction Employer 666/// j AiA CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor CERTIFIED MAIL: 7002 3150 0003 7052 4184 RETURN RECEIPT REQUESTED Mr. John D. Wall N.C. Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 Coleen H. Sullins Dee Freeman Director Secretal`y September 23, 2011, SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0039 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO040754 N.C. Outward Bound School Burke County Dear Mr. Wall: 7SEP J2071�AS This is to inform you that a review of your toxicity self -monitoring report forms for July, 2011. indicates violations of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for. assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. Si c rely, 10 Cindy Moore Supervisor, Aquatic Toxicology Unit cc: Roger Edwards- Asheville Regional Office @Jeff enze1WA�sh ille Re an l;€©ff ee�o Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh: North Carolina 27607 Phone: 919-743-84001 FAX: 919.743-8517 l Customer Service: 1-877 623-6748 Internet: http:/lh2o.enr.state.nc.us/esbi One NorffiCarol.ina ' rallill . An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of.the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the.facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting Your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 . NorthCarol.ina Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-87I-623-6748 Internet: http://h2.o.enr.state.nc.us/esb/ ' lllallill An Equal Opportunity 1 Affirmative Action Employer A LPIA NCDENR North Carolina Department of Environment and Natura Division of Water Quality Beverly Eaves Perdue Coleen,H."Sullins Governor Director June 16, 2011 CERTIFIED MAIL: 7007 1490 0004 5533 5809 RETURN RECEIPT REQUESTED Mr. John D. Wall N.C. Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 SUBJECT: NOTICE OF VIOLATION: NOV-2011-TX-0025 Whole Effluent Toxicity (WET) Testing NPDES Permit No. NC0'040754 N.C. Outward Bound School Burke County Dear Mr. Wall: Resources Dee Freeman Secretary This is to inform you that a review of your toxicity self -monitoring report forms for April 5 and April 19, 2011. indicates violations of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 743- 8441. cc: o-Roger Edwards= Asheville Regional Office Jeff Menzel- Asheville Regional Office Aquatic Toxicology Unit Central Files S' inder�ly n Cy Mo"re M Supervisor, Aquatic Toxicology Unit S � t JUN 2 2 Z011 Environmental Sciences Section WATER QUALITY SECTION ON Mail Service Center, Raleigh, North Carolina 27699-1621 ; ASH`�,'ll_�F lJIlB ;OVAL OFFICE Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 ' Phone: 919-743-84001FAX: 919-743-85171Customer Service:1-877-623-6748 Y >N0.1h0drolina Internet: hffp:llh2o.enr.state.nc.us/esbl ,r An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time. to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET dnforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six' months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 orle Carolina Phone: 919-743-8400 \ FAX: 919-743-8517 \ Customer Service: 1-877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esbl Natur allff '/ An Equal Opportunity \ Affirmative Action Employer a Beverly Eaves Perdue Governor +a. HCDENR North Carolina Department of Environment and Natural Division of Water Quality Coleen H. Sullins Director July 26, 2011 CERTIFIED'MAIL: 7002 3150 0003 7052 4122 RETURN RECEIPT REQUESTED Mr. John D Wall NC Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 JUL 2 9 2011 .'� p.LZ-Y S,:,TION iesou,rce8R �� _ Act-�"! SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES Permit No. NCO040754 NC Outward Bound School Burke County TX 2011-0007 Dear Mr. Wall: Dee Freeman Secretary This tter transmits a Civil Penalty assess ent against NC Outward Bound School in the amount of $ 3D 6 ($ d, (V civil penalty + $ enforcement costs). This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data from May, 2011 has been conducted. The review has shown NC Outward Bound School to be in violation of the 90.0 % chronic toxicity effluent discharge limitation found in NPDES Permit No. NC0040754. The facility's toxicity self -monitoring reports for April through May revealed the following effluent toxicity permit limit violations. April 5, 2011 Fail (7 day P/F) non -compliant April 19, 2011 67.08% (7 day chronic value) non -compliant May 17, 2011 <45.0 % (7 day chronic value) non -compliant The average chronic value for the quarter is less than the chronic limit'for the facility (90.0%). Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Intemet: hUp:/lh2o.enr.state.nc.us/esb/ NorthCarol.ina NatFlfrallY An Equal Opportunity! Affirmative Action Employer Based upon the above fact(s), I conclude as a matter of law that NC Outward Bound School violated the terms, conditions or requirements of NPDES Permit No. NCO040754 and N.C.G.S 143-215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-2,15.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit required by N.C.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, Cindy Moore, Supervisor, Aquatic Toxicology Unit, hereby make the following civil penalty assessment against NC Outward Bound School. $ 0 �� C For of -3 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for April 5, 2011. $ L C1 o'L r� For C of violation(s) of G.S. 143-215.1(a)(6) and NPDES 3 Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for April 19, 2011. $ lF1'OD1 � G'7/ For of violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for May 17, 2011. 6 1. z4 Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401,Reedy Creek Road, Raleigh, North Carolina 27607 Nortll Carolina Phone: 919-743-8400 \ FAX: 919-743-8517 \ Customer Service:1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ NdImal`aff An Equal Opportunity \ Affirmative Action Employer (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 receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 K' 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) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (2) ' the violator promptly abated continuing environmental damage resulting from the violation; Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 0➢0 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NofthCarolina Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hdp:1lh2o.enr.state,nc.us/esb1 NW111 ally An Equal Opportunity 1 Affirmative Action Employer (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations; (5) 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: Environmental Sciences Section Division of Water Quality 1621 Mail- Service Center Raleigh, NC 27699-1621 W' 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, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ Nne orth Carolina An Equal Opportunity 1 Affirmative Action Employer A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1-601 Mail Service Center Raleigh, NC 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about,this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441 or me at 919-743-8442. Date ATTACHMENTS 0­0 1. Cindy Moore Supervisor, Aquatic Toxicology Unit cc: Roger Edwards- Asheville Regional Office w/attachments —Je,ffiM�enzelsEwlshev-i'1'IMTF nal-t®ffrocw/attachments Point Source Branch File w/attachments John Giorgino -Aquatic Toxicology Unit w/attachments Central Files w/attachments Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919.743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ Nne orthCarolina An Equal Opportunity 1 Affirmative Action Employer JUSTIFICATIONYOR REMISSION REQUEST DWQ Case Number: TX-2011-0007 Assessed Party: NC Outward Bound School Permit No. (if applicable): NCO040754 County.: Burke Amount Assessed: $ 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 BURKE IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST NC OUTWARD BOUND SCHOOL NPDES PERMIT NO. NCO040754 FILE NO. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS TX-2011-0007 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2011. BY ADDRESS TELEPHONE Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen'H.;Sullins Director May 27, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED: 70071490 0004 5532 8450 Mr. John D. Wall N.C. Outward Bound School 2582 Riceville Rd. Asheville, NC 28805 Subject: NOTICE OF VIOLATION: NOV-2011-LT-0002 Effluent Toxicity Testing NPDES Permit No. NCO040754 N.C. Outward Bound School Burke County Dear Mr. Wall: Dee Freeman Secretary M AY 3 1 2011 i 0 WATEF-1 QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to inform you that the Environmental Sciences Section has not received your quarterly toxicity self -monitoring report form for the month of March 2011. This is in violation of Title 15A of the North Carolina Administrative Code, Chapter 2, Subchapter 213, Section .0506 (a)(1)(A) which states that "monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for ` which the report was made." Please remember that reporting of toxicity self -monitoring data is a dual requirement. Toxicity test results must be entered on your Discharge Monitoring Report and the Toxicity Reporting Form (AT Report Form). The AT report form must be submitted to: DWQ/ESS, 1621 Mail Service Center, Raleigh NC 27699-1621 within the required time frame. Your NPDES permit requires you to submit an Aquatic Toxicity Self -Monitoring Form to this office during a month in which toxicity testing is required, regardless of whether a discharge occurs from the facility. Please ensure that AT test forms labeled "No Flow" are sent to this office during months when no discharge occurs and the facility is required to perform toxicity testing. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http:l/h2o.enr.state.nc.us/esb/ One An Equal Opportunity 1 Affirmative Action Employer Additional reporting and/or monitoring violations within a twelve (12) month period subiects the facility to the enforcement authority of the Division. Attached to this Notice, you will find a summary of important toxicity monitoring and reporting requirements. Please read this summary. If you have any questions concerning this Notice, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8441. Sincerely, a Mq Cindy Moore Supervisor, Aquatic Toxicology Unit cc: Roger Edwards- Asheville Regional Office J.Merrl� Asheville Regional Office Aquatic Toxicology Unit Central Files Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ onrt NhCarolina Natill'"lil An Equal Opportunity 1 Affirmative Action Employer WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. John Giorgino with the Aquatic Toxicology Unit at (919) 743-8401 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 743-8401 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http://h2o.enr.state.nc.us/esb/ One North Carolina Naturallif An Equal Opportunity 1 Affirmative Action Employer 9,61A JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 ' OFFICE (828) 697-0065 FAX PERFORMANCE ANNUAL REPORT - 2011 NC Outward Bound School Mr. Bill Melton Permit Number: NCO040754 System Description A 0.0078 MGD extended aeration wastewater treatment plant consisting of bar screen, diffused aeration basin, secondary clarifier, return sludge air lifts, chlorination/de-chlorination and ultra -sonic flow meter. Performance This system operated very well except for a Toxicity issues. Violations and corrective actions taken 5DU MAR - 9 2012 WATER QUALITY SECTION A8 ,EVILLE RE22L! .L 01 FICE "r—I'l;ecal Coliform i. 4-14 @>600 colonies/100mis b. ? i` Chronic Toxicity i. Both Chronic and Acute Toxicity Failed 1. We determined the cause of the violation was due to unknown circumstances. The first sample had increased chlorine residual and Acute Toxicity samples had to be collected. The first Acute z Toxicity had a pass rate of 68% which is lower than the permitted allowance of 90%. We are researching to determine why the pass rate of the effluent does not meet regulations. 2. June, 2.011 _ a. Toxicity ®. (� � (�/7 i. 6-14 -Failed 4 [1 �:/ � 1. We determined the cause of the violation was due to the incoming chlorine residual causing a toxic loading throughout the plant. MAR " 5 2012 We discussed the removal of chlorine in the sink rinse water and the mop buckets. DENR-WAT R QUALtTY 3. July, 2011 POINT SOURCE BRANCH b. Toxicity i. 7-19 -Failed 1. We determined the cause of the violation was due to the incoming chlorine residual causing a toxic loading throughout the plant. We discussed the removal of chlorine in the sink rinse water and the mop buckets. 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. PERFORMANCE ANNUAL REPORT — 2011 NC Outward Bound School Mr. Bill Melton Permit Number: NCO040754 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, Mr. Bill Melton NC Outward Bound School Facilitv information NPDES permit #: NC0040754 Burke County Facility name: NC Outward Bound School WWTP WWTP class: II WWTP type: 0.0075 MGD extended aeration WWTP with: manual bar screen; aeration basin; clarifier with return sludge air lifts; chlorinator; chlorine contact chamber; dechlorination unit; and ultra -sonic flow meter WWTP location: Forest Service Road, near the Table Rock Picnic Area, south of Jonas Ridge Responsible official: Responsible "'s title: / — /T9G /�� �• Official's Location: 2582 Ricevill oad; Asheville, NC 28805 Phone numbers 828-437-6473 ' 828-437-6124 x 323 at the school 828-437-6165. fax Operator information Certified ORC & grade: — Back-up ORC & grade: Permit information Date issued: Expiration date: Stream information Stream & river basin: Sub -basin - Stream classification: Instream Waste Conc.: Summer 7Q10 cfs: Other information 3-1-2005 1-31-2010 Roses Creek; Catawba River Basin 03-08-31 Quad: Linville Falls WS - III Trout Drainage area sq mi: Average stream flow: Winter 7Q10 cfs: Grid: Directions: From Asheville, travel 1-40 east to the Morganton Exit at Hwy 18 south and Hwy 181 North. Travel north on Hwy 181 to Table Rock and the school on the left. Or From Jonas Ridge, travel south in Hwy 181, — 2 miles to NCSR 1265. Turn right onto NCSR 1265. Proceed — 0.45 miles. Turn hard -right onto a road (a continuation of NCSR 1265), marked, "To Table Rock Picnic Area". Note: this sign is not visible from the right hand lane of NCSR 1265, so look carefully and often over your shoulder. Travel on that road until it becomes a dirt Forest Service road. Continue on the dirt road several miles, to an intersection with another dirt road (on the right). The dirt road to the right will have a sign marked, "Table Rock Picnic Area". Note: this sign is not visible from the south bound lane; it can only be seen from the north bound lane. Turn right and go a short distance to the Outward Bound School's entrance on the right. FINWA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. David Wall . North Carolina Outward Bound 2582 Riceville Rd Asheville, N.C. 28805 Dear Mr. Wall: Division of Water Quality Coleen H. Sullins Director December 22, 2009 Dee Freeman Secretary Subject: Issuance of NPDES Permit NC0040754 N.C. Outward Bound School WWTP County -3ta k, ke 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 October 7, 2009. 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. cc: Central Files s . .1 i egLQlial Off e/Surfaee �N = .ate ion• NPDES Unit Aquatic Toxicology Unit (e-copy] 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6300 / FAX 919 807-6495 / Internet: www.ncwaterquality.org Since ly, „�z aft�=%`a:.Yxf3f,i"11�.:fi:S;s .L;:oa_:'izJtiti� fi%F:;➢i} Col en H. Sullins [CchVI JAN 1 3 20101-1 rth C arolinay,�,.,� An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Permit NCO040754 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the N.C. Outward Bound School is hereby authorized to discharge wastewater from a facility located at the N.0 Outward Bound School WWTP Forest Service Road 210B, near the Table Rock Picnic Area Jonas Ridge Burke County to receiving waters designated as Roses Creek in subbasin 03-08-31 of the Catawba 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, 2010. This permit and authorization to discharge shall expire at midnight on January 31, 2015. Signed this day December 22, 2009 6en�HS'Wullins,Director ` Division of Water Quality By Authority of the Environmental Management Commission .: Permit NCO040754 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The North Carolina Outward Bound School is hereby authorized to: 1. Continue to operate an existing 0.0075 MGD extended aeration wastewater treatment plant consisting of the following: ♦ Bar screen ♦ Diffused aeration basin ♦ Secondary clarifier ♦ Return sludge air lifts ♦ Chlorination/Dechlorination ♦ Ultra -sonic flow meter This permitted facility is located on Forest Service Road 210B, near the Table Rock Picnic Area south of Jonas Ridge in Burke County. 2. Discharge from said treatment works at the location specified on the attached map into Roses Creek, classified WS-III Trout waters in hydrologic unit 03050101 of the Catawba River Basin. Permit, NC0040754 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit] and lasting until expiration, the permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITO' ING REQUIREMENTS Monthly Average Daily Maximum Measurement Fre uenc Simple Type Sample Location' Flow 0.0075 MGD Weekly lstantaneous Influent or Effluent BOD, 5-day, 20° C 30.0 mg/L 45.0 mg/L Weekly , Grab Effluent Total Suspended Solids 30.0 mg/L 45.0,mg/L Weekly Grab Effluent NHs as N 2/Month Grab Effluent Dissolved Oxygen Daily average > 5.0 mg/L Weekly Grab Effluent Dissolved Oxygen Weekly Grab U & D Fecal Coliform (geometric mean 200/100 ml 400/100ml Weekly Grab Effluent Total Residual Chlorine (TRC)2 17,ug/L 2/Week Grab Effluent Chronic Toxicity¢ Quarterly Grab Effluent Temperature (°C) PH > 6.0 and < 9.0 standard units Weekly Weekly Grab Grab Effluent, U&D Effluent Footnotes: 1. U: upstream at least 50 feet from the outfall. D: downstream 300 feet from the outfall. 2. TRC limit and monitoring requirements apply only ' if chlorine is used for disinfection. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including field - certified]. Effluent values below 50 µg/L will be treated as zero for compliance purposes. 3. Chronic Toxicity (Ceriodaphnia) P/F @ 90%: March, June, September, December [see A. (2)]. There shall be no discharge of floating solids or visible foam in other than trace amounts. b . 4 . I 1 Permit NC0040754, A. (2) CHRONIC TOXICITY PERNIIT LINUT ((Quarterly) - The .effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90% The permit holder shall perform at a minimum, Quarterliu monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998; or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed. If reporting pass/fail results using the parameter code TGP3B, DWQ Form AT-1 (original) is sent to the below address. If reporting Chronic Value results using the parameter code THP3B, DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR / DWQ / Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina - '27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. I Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (All test form indicating'the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. If the Permittee monitors any pollutant more frequently then required.by this permit, the. results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR and all AT Forms submitted. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and .will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. PDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPD'ES PERMITS SectionA. 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. 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. �I 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. 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 Version 512009 )ES Permit Standard Conditions Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/ constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ 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) D aily M aximum 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). D WQ or "the D ivisiorf The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States E nvironmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDE S 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. Version 512009 PDES Permit Standard Conditions Page 3 of 18 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. I 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. i 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. 4uarterlXAverage (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 & 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 122.411. 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. Version 512009 )ES Permit Standard Conditions Page 4 of 18 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. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who ngW lyviolates 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. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmdi#y violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [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)(3XBXiii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit: [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maxim -Lim 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 $177,500.133 USC 1219 (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 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 Version 512009 PDES Permit Standard Conditions Page 5 of 18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsille 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 j 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)]. I 6. Onshore or Offshore Construction This permit does not authorize or approve the constriction of any onsh6re or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Sever ability 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 15013-231. 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. Dutyto 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 anew permit [40 CFR 122.41 (b)]. 10. E xpiration of P ermit 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 penmit 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 Version 512009 DES Permit Standard Conditions Page 6 of 18 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 122.221. 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 122.221 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notificationof 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, riles, 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. Version 512009 PDES Permit Standard Conditions Page 7 of 18 Section C. Operation and M aurteinnce of Pollution Corrtmis 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. Backup 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 ➢ Complywith all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III 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 ➢ Complywith 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 backup ORC ➢ A vacancy in the position of ORC or backup ORC. 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. B)nassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m) (2)] Version 512009 DES Permit Standard Conditions Page 8 of 18 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. 0) of this section. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)1: 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 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. 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 N CGS 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 Version 512009 PDES Permit Standard Conditions Page 9 of 18 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. SectionD. Mpd1gdM and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 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 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://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 DES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field certified parameters must hold the appropriate field parameter 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 122.411. 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 minirn un 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 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 122.411. 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 122.411: 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 authorizedd contractor acting as a representative of the Director), upon the presentation of credentials and other documents as maybe 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; Version 512009 PDES Permit Standard Conditions Page 11 of 18 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 Retwrtut Rec�iiremeirts 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 onlywhen: 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 122.410) (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 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. if the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 a) (6)]. Version 512009 )ES Permit Standard Conditions Page 12 of 18 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 122.410) (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 122.410) (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 faiuere, 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 (aX2) 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 snaking any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(bX2) 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 122.411. 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 143-215.10 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. Version 512009 PDES Permit Standard Conditions Page 13 of 18 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 / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS SectionA. 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 (AtQ 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. SectionB. GroundvaterMonitoriM The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facilitywith the current groundwater standards. Section C. Chang;es in Discharges of T oidc 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 000 pg/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 0 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"; 0) . Five hundred micrograms per liter (500 pg/L); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. SectionD. Evaluation of Wastewater Disclx eAltennatives 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 NPDE S 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. SectionE. FaciWClosuteRgWjM „gW 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 512009 )ES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Defirritiom 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 (b) (i) and (j)] 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 POTWs NPDE S 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 Throull 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 POTWs NPDES permit, or of an instreamwater 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)1: (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 POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTW's sludge disposal options. Section& PI"WOwned TreatrnerrtWorks (POT WsI 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 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 PDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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 Industtial 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 Permitteds 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. 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, wastestrearns 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 may 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, nonbiodegradable 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 WWTP, 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 WWTP. The Permittee shall report such discharges into the WW iP 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 Version 512009 DES Permit Standard Conditions Page 16 of 18 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 maybe 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 maybe necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits 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 Piogranis 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 provisions 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 21-1.0903 and 40 CFR 403.3. 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 (0 (1) and 403.9 (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 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. 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 B, 2, c, of this Part. 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 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 Yermittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 512009 PDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. 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 21-1.0909. 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 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) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) 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 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 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. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all 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. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 (j) (2)] 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 2H.0909, and specific local limitations. All enforcement actions 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 21-1.0908. 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. Version 512009 )ES Permit Standard Conditions Page 18 of 18 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, Emergency Response, and Collection Systems Unit (PERCS) 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 SIUs in Significant Non Compliance (SNC); b.) Pretreatment Program SLuLin (PPS) A pretreatment program stu nary (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 StunmaryForms (IDSF) Monitoring data from samples collected by both the POTW and the 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 SIUs that were in 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 (0 (2) (vii)] 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 shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 115A 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 1united to local limits modifications, POTW monitoring of their 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 512009 �OF W A TF�Q O G r Mr. John David Wall North Carolina Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dear Mr. Wall: 40 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 21, 2005 Subject: Issuance of NPDES Permit Na04O754 N.C. Outward Bound School WVUTP Burke 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 May 9,1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on November 10, 2004. If anyparts, 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 Dawn Jeffries at telephone number (919) 733-5083, extension 595. Sincerel , ORIGINAL SIGNED BY Mark -McIntire Alan W. Klimek, P.E. cc: Central Files _ _ fAsfieville Regional Office%Water Qualiry_Section j Aquatic Toxicology Unit NPDES Unit rOA EC VE 2 6 2005 0 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE NonehCarolina Nabirallil North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper a a Permit NCO040754 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, N.C. Outward Bound School is hereby authorized to discharge wastewater from a facility located at the N.0 Outward Bound School WWTP Forest Service Road Near the Table Rock Picnic Area South of Jonas Ridge Burke County to receiving waters designated as Roses Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts f, II, III and N hereof. This permit shall become effective March 1, 2005 This'.'permit..and -authorization to discharge shall expire at midnight on January 31, 2010. Signed this day January 21, 2005. y i ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek P.E., Director Division of Water Quality By Authority of the Environmental Management Commission a r--7 L _ J Permit NCO040754 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 authorityto operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. North Carolina Outward Bound School is hereby authorized to: 1. Continue to operate an existing 0.0075 MGD extended aeration wastewater treatment plant consisting of the following: ♦ Bar screen ♦ Diffused aeration basin ♦ Secondary clarifier ♦ Return sludge air lifts ♦ Chlorination/Dechlorination ♦ Ultra -sonic flow meter 7 sery,�e Facility is located at. National Forest Road, near the Table Rock Picnic Area, south of Jonas Ridge, in Burke County. 2. Discharge from said treatment works at the location specified on the attached map into Roses Creek, classified WS-III Trout waters in the Catawba River Basin. 0 Outfall 001 C) i-I. ri Z/ N.C. OUtWard Bound School - NCO040754 Facility - ----- Location USGS Quad Name: Linville Falls Lat.: 35053'17" Receiving Stream:i Roses Creek Long.: 81'52'31" Stream Class: WS-111 -Tr, Su"bbasin: C-atawba",'43'0831 Iforth SCALE 1:24,000 a 0 Permit NC0040754 A. (1.) EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT u°` .' x- CHARACTERISTICS p: U 1 L1NiITS MONITORING REQUIREMENTS Monthly Average . a ' Weekly Avera9e Daily Maxit um. 'Measurement Frequency Sample Type 4 Sample Location' Flow 0.0075 MGD Weekly Instantaneous I or E BOD, 5-day, 20L C 30.0 mg/L 45.0 mg/L Weekly Grab E Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab E NH3 as N 2/Month Grab E Dissolved Oxygen2 Weekly Grab E, U, D Fecal Coliform (geometric mean) 200/100 ml 400/100ml Weekly Grab E Total Residual Chlorine3 17 Ng/L 2/Week Grab E Chronic Toxicity4 Quarterly Grab E Temperature (°C) Weekly Grab E, U, D pH 6.0 — 9.0 standard units Weekly Grab E Footnotes: 1. Sample locations: E-Effluent, I -Influent, U-Upstream 50 feet from discharge point, D- Downstream 300 feet from discharge point. 2. The daily dissolved oxygen concentration in the effluent shall not be less than 5.0 mg/L. 3. TRC monitoring and effluent limitations apply only if chlorine is added to disinfect. 4. Chronic Toxicity (Ceriodaphnia) P/F @ 90%: March, June, September, December. See Special Condition A(2.). There shall be no discharge of floating solids or visible foam in other than trace amounts. a s® Permit NC0040754 A.(2.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortalityto Ceri*hnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, urn arter�y monitoring using test procedures outlined in the "North Carolina Caialaphr& Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the nv?& gMarch, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should anytest data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit maybe re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. L�] 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 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. 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 612012003 M 40 NPDES Permit Requirements 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. Dail-y Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 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 6/20/2003 �71 NPDES Permit Requirements Page 3 of 16 Monthly Average 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 limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 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 612012003 40 NPDES Permit Requirements Page 4 of 16 d. Any person who kno)vZfl,�ly 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 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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 612012003 a 46 NPDES Permit Requirements Page 5of16 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. Siguatory 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 i£ 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 6/20/2003 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 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (fl]. 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) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. 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 a new system Version 6/20/2003 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 Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)].. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation.' These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] 0) 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. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 MNPDES 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) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. 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 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 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new 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 6/20/2003 NPDES Permit Requirements Page 9 of 16 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. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 40 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. S. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 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 0)]. 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, not 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 alternation, 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 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 6/20/2003 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 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 122.410) (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 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 mainiained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 40 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, not add to the plant's treatment capacity, not change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitorin 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"; (l) One hundred micrograms per liter 000 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"; (l) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (l mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 �i 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 (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, 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. 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 6/20/2003 40 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). 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 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 Orduiance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey(IWS), The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. 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 =P) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 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 (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all perYnit- 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; S. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports X= 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 Summary(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Version 612012003 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 Permitted'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 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality . Beverly Eaves Perdue Coleen H. Sullins , z x ; ,K 1 , De&rreemaq `J" Governor Director Secretary t Y. August 6, 2009 JOHN DAVID WALL SITE MANAGER NC OUTWARD BOUND SCHOOL 2582 RICEVILLE ROAD ASHEVILLE NC 28805 Subject: Receipt of permit renewal application NPDES Permit NCO040754 NC Outward Bound School Burke County Dear Mr. Wall: - The NPDES Unit received your permit renewal application on July 20, 2009. 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 Tom Belnick at (919) 807-6390. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES h gio O_:fice/Surface Water Protection NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 One� Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 NOi 1.hCarohna. Internet: www.ncwaterquality.org X A� C--1 % AW.—f;— A�4;— C-1-- atliraffil MR. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Sir, Please accept this letter and enclosed signed application form (short form D) submitted in triplicate as an official request for the renewal of NPDES permit number NC0040754 for the N. C. Outward Bound School wastewater treatment plant. If you should have any questions please contact me at 828-437-6124, extension 23. Sincerely, �j IV David Wall N.C. Outward Bound School NPDES APPLICATION - F'ORIN. v 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 INCO040754 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 North Carolina Outward Bound Facility Name North Carolina Outward Bound Mailing Address 2582 Riceville Rd. City Asheville State / Zip Code NC 28805 Telephone Number (828)437-6124 ) fax Number (828)437-6165 ) e-mail Address dwal cr ncobs.org 2. Location of facility producing discharge: Check here if same address as above ❑ Street Address or State Road Near Table Rock Picnic Area on forest Service Rd. 210B City Morganton State / Zip Code NC28655 County Burke 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name North Carolina Outward Bound Mailing Address 2582 Riceville Rd. City Asheville State / Zip Code NC 28805 Telephone Number (828)437-6473 fax Number (828)437-6165 AUG 1 0 2009DD , 1 of 3 p WATER QUALITY SEC—ION�c0510 , a = ASHEVILLE REGIONAL�4IL 0 NPDES APPLICATION - F'ORIVa For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees 1 to 35 Commercial ❑ Number of Employees Residential ❑ Number of Homes School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Population served: 5. Type of collection system ® Separate (sanitary sewer only) 6. Outfall Information: ❑ Combined (storm sewer and sanitary sewer) Number of separate discharge points 1 Outfall Identification number(s) OOl Is the outfall equipped with a diffuser? ❑ Yes ® No 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): Roses Creek S. Frequency of Discharge: ❑ 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. 0.0075 MGD Extended aeration wastewater treatment plant consisting of a bar screen, diffused aeration basin, secondary clarifier, return sludge air lifts, chlorinated effluent chamber, D-chlor chamber, and ultrasonic transmitter. 2 of 3 Form-D 05/08 NPD ES APPLICATION - FORM j-, For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 0.0075 MGD Annual Average daily flow 0.001 MGD (for the previous 3 years) Maximum daily flow 0.0031 MGD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data Prouide data for the parameters listed. Fecal Coliform, Temperature andpH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 45 30 mg/L Fecal Coliform 400/ 100 200/ 100 ml Total Suspended Solids 45 30 mg/1 Temperature (Summer) Temperature (Winter) pH 6.0-9.0 6.0-9.0 Standard units 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES NCO040754 PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number 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. John David Wall Site Manager Printed name of Person -Signing Title SigMture of Applicant 7 16 09 Date 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 $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form-D 05/08 �I L4� �)Y 60 ;Ly xj VIP J N.C. Outward, Bound School =,.NC004075.4 Facility Location -6' titio n "Falls 7�' USES Quad Name: Linville, Lat'.:1-35 Receiving Stream: Roses Creek Stream Class: WS-III Tr , 1:24,000 Subbasin: Catawba - �030831 r SCALE Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Sir, The following is in reference to your request for a narrative description of the sludge management plan for the wastewater treatment plant at the N.C. Outward Bound School. There are no sludge handling units on site, nor is the sludge discharged into the receiving waters. Solids are wasted as needed by a contract hauler from the aeration basin and dumped at a municipal wastewater treatment plant or land applied. The ORC (David Wall) Determines when solids need to be wasted by doing a 30 minute settleability test. If you should have any question please contact me at 828-437-6124, extension 23. SincereI , David Wall N.C. Outward Bound School. RETURN SLUDGE EXISTING PROCESS SCHEMATIC BLOWER ATTACHMENT E OSE.S EEK O - k INTERMITTENT BAR AERATION SECONDARY OR CHLOR/ SCREEN TANK CLARIFIER SUBMERGED DECHLOR n FILTER a SLUDGE RETURN SLUDGE PROPOSED PROCESS SCHEMATIC CREEK ATTACHMENT D Treatment Plant information Capacity, based on extended aeration 5,000 gal. aeration tank capacity 5,000 gal/day 3.5 gpm 2,500 gal. secondary aeration tank capacity 2,500 gal/day 7,500 gal. total aeration capacity 7,500 gal/day 5.2 gpm 3-day peak capacity 10,000 gal/day 6.9 gpm 2,500 gal. clarifier capacity 10,027 gal/day 300 gpd/sf overflow rate 480 gal. chlorine contact chamber capacity 11,520 gal/day 20 min. detention @ peak flow 7,500 gal/day flow rate 200 mg/l = BOD5 0.55 = a 23 days holding @ tank conc 88 mg/I = TSS 0.3 = b 2.7 cfm req'd for holding tank 200 mg/I = d/MLSS 0.3 = c 5.5 lb/day waste MLSS 10 = G (SRT) 1,000 gal. sludge tank 1.5% concentration in sludge tank No -discharge applications and tertiary altematives Site conditions 23% slope of natural ground 5000 gal/day flow rate 35,000 gal/week 39.1 weeks effective application/year 12.9 weeks required storage per year 46,496 gal/week application rate Overland Flow Irrigation 6.00 in/week irrigation application rate 1.00 in/week irrigation application rate 0.29 Ac. req'd for application area 1.71 Ac. req'd for application area 8% max. slopes recommended on terraces 8% max. slopes recommended on terraces 1000 ft. terrace total length 1000 ft. terrace total length 12 ft. terrace width 75 ft. terrace width 0.43 acres total area req'd 2.6 acres total area req'd Intermittent Sand Filter Loading 1,000,000 gpd/Acloading rate 5,000 gpd plant flow rate 217.8 sf sand area required/filter 3 sand filters required 3 doses/day/filter 12.3 in. depth/24 hr. dose 15 BOD5influent 544.5 cf sand/filter 1.15 # BOD611,000 cf. sand Filter Geometry of single sand filter 16.7 ft. dia. or 14.8 ft. square 2 ratio LNV 20.9 ft. L 10.4 ft. W 30 in. deep sand bed 0.5 mm sand 20.2 cy sand/filter 60.5 cy sand total 5,000 gallons per day = flow rate 3.47 gpm 3 =peak factor 10.42 gpm 115 min. = t, retention time for nitrification 1.9 hr. 1.2 = constant "b" 0 = "a", = 0. 11 (T) - 0.2 5 ° C = T, operating temperature 41 ° F 0.5 mg/I = [NH4'-N]0 = ammonium concentration in efBuentfro m filter 3 mg/I = [NH4+-N]o = ammonium concentration in secondary effluent 1.75 mg/I = [NH4'-N]B = ammonium concentration in flow applied to filter 1 = R (recycle ratio) 7 gpm = flow through filter 2.5 = design factor 1,001 gallons = volume of reactor Page 1 of Direc_:_..s to Table Rock Rd �G�.® t7Ld 51:15 60.5 mi - about 1 hour 26 mins Maps �G Save trees. Go green! g{- vaklx�� Download Google Maps on your 49' phone atgoogle.com/gmm 3ctic, 2090 US Highway 70 Swannanoa, NC 28778 ` 1. Head northeast on US-70 toward alters Rd go 1.2 mi About 2 mins total 1.2 mi 2. Turn right at Patton Cove Rd go 0.4 mi About 1 min total 1.6 mi 3. Turn left to merge onto 1-40 E go 40.5 mi About 38 mins total 42.1 mi 4. Take exit 100 for Jamestown Rd 90 0.2 mi total 42.3 mi 4� 5. Turn left at Jamestown Rd go 2.0 mi About 5 mins total 44.2 mi 6. Continue on Independence Blvd go 1.5 mi About 4 mins total 45.I mi +� 7. Turn left at N Green St/NC-181 go 7.4 mi Continue to follow NC-181 total 53.1 mi About 12 mins 8. Turn left at Fish Hatchery Rd go 1.6 mi About 3 mins total 54.7 mi 1� 9. Turn left to stay on Fish Hatchery Rd go 0.6 mi About 1 min total 55.3 mi 10. Turn right at Table Rock Mountain Rd go 0.4 mi About 2 mins total 55.7 mi 11. Continue on National Forest Rd/Old Table Rock Rd go 4.7 mi About 18 mins total 60.4 mi 12. Turn right at Table Rock Rd go 0.1 mi total 60.5 mi 35.888056,-8.1.875278 Table Rock Rd -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. Oap data @2008 NAVTEQTM ile:HCADocuments and SettingsWantwell\Local Settings\Temp\S121M0H1.htm 8/27/200: TABLE ROCK AND OUTWARD BOUND SCHOOL' ATTACHMENT A GENERAL LOCATION MAP NOT TO SCALE SITE TOPOGRAPHIC MAP FROM USGS 7.5 MINUTE SERIES SCALE 1"= 2, 000' A41i. j JUL 2 9 .2011. NCDENRWATER 0_,ai_I T v SECT:ON North Carolina Department of Environment and Natural._Re'sou'rces--=='CE Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins -- Dee Freeman' Governor Director Secretary July 26, 2011 CERTIFIED MAIL: 7002 3150 0003 7052 4122 RETURN RECEIPT REQUESTED Mr. John D Wall NC Outward Bound School Buncombe County Board of Education 2582 Riceville Rd. Asheville, NC 28805 SUBJECT: Assessment of Civil Penalty for Violations of NC General Statute 143-215.1(a)(6) and NPDES Permit No. NCO040754 NC Outward Bound School Burke County TX 2011-0007 Dear Mr. Wall: This 1ptter transmits a Civil Penalty assess ent a ainst NC Outward Bound School in the amount of $ 6 q. 2, ($ Ot, , (� civil penalty + $ y enforcement costs). This assessment is based upon the following facts. A review of the facility's toxicity self -monitoring data from May, 2011 has been conducted. The review has shown NC Outward Bound School to be in violation of the 90.0 % chronic toxicity effluent discharge limitation found in NPDES Permit No. NC0040754. The facility's toxicity self -monitoring reports for April through May revealed the following effluent toxicity permit limit violations. April 5, 2011 Fail (7 day P/F) non -compliant April 19, 2011 67.08% (7 day chronic value) non -compliant May 17, 2011 <45.0 % (7 day chronic value) non -compliant The average chronic value for the quarter is less than the chronic limit for the facility (90.0%). Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http:i/h2o.enr.state.nc.us/esb/ Naturallif No"1thCarohna An Equal Opportunity 1 Affirmative Action Employer Based upon the above fact(s), I conclude as a matter of law that NC Outward Bound School violated the terms, conditions or requirements of NPDES Permit No. NCO040754 and N.C.G.S 143-215.1(a)(6) in the manner and extent shown above. A civil penalty in accordance with the maximum established by N.C.G.S. 143-2,15.6A(a)(2), may be assessed against a person who violates.the terms, conditions or requirements of a permit required by N.C.G.S. 143-215.l (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, Cindy Moore, Supervisor, Aquatic Toxicology Unit, hereby make the following civil penalty assessment against NC Outward Bound School. $ LO e - C/ For of -3 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for April 5, 2011. $ o .0 For of violation(s) of G.S. 143-215.1(a)(6) and NPDES 3 Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for April 19, 2011. $ l� - For 3 of .3 violation(s) of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0040754, by discharging waste into the waters of the State in violation of the facility's permit effluent limit for chronic toxicity for May 17, 2011. $ l ` Z4 $��? Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621}Oe Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 NOrtllCarol.ina Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: http:/lh2o.enr.state.nc.us/esb/ -%�,a'� lral`f/ 4 `/ An Equal Opportunity 1 Affirmative Action Employer (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 receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner; (2) the violator promptly abated continuing environmental damage resulting from the violation; Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 One Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Noft- bCarol.ina Phone: 919-743-8400 \ FAX: 919-743-8517 \ Customer Service: 1-877-623-6748 Internet: http:1lh2o.enr.state.nc.us1esbl Natlmallff An Equal Opportunity 1 Affirmative Action Employer (3) the violation was inadvertent or a result of an accident; (4) the violator had been assessed civil penalties for any previous violations; (5) 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: Environmental Sciences Section Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 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, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877-623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service -Center Raleigh, NC 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. John Giorgino at 919-743-8441 or me at 919-743-8442. Date ATTACHMENTS 0­0 I - P� - ow Cindy Moore Supervisor, Aquatic Toxicology Unit cc: �RrobEwaxdsl�shci�lrl�Rgi:oral O�ffi4e;wT/att hm i� ts— JeffMenzel- Asheville Regional Office w/attachments Point Source.Branch File w/attachments John Giorgino -Aquatic Toxicology Unit w/attachments Central Files w/attachments Environmental Sciences Section 1621 Mail Service Center, Raleigh, North Carolina 27699-1621 Location: 4401 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-743-84001 FAX: 919-743-85171 Customer Service: 1-877.623-6748 Internet: hftp://h2o.enr.state.nc.us/esb/ Alturallif NorthCarohna An Equal Opportunity 1 Affirmative Action Employer JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: TX-2011-0007 County: Burke Assessed Party: NC Outward Bound School Permit No. (if applicable): NC0040754 Amount Assessed: $ Please use this form when requesting remission of this civil penalty. You must also complete the "Reguest For Remission, Waiver of to an Administrative Hearin, 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 penal , 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 DEPAR, _. , ANT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF BURKE _ IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST NC OUTWARD BOUND SCHOOL NPDES PERMIT NO. NCO040754 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. TX-2011-0007 Having been assessed civil penalties totaling forth in the assessment document of the Director of the Division of Water Quality dated for violation(s) as set ' the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of )2011. BY ADDRESS TELEPHONE ���- NC®ENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Mr, John David Wall NC Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 Dear Mr. Wall: Division of Water Quality Coleen H. Sullins Director July 13, 2010 Natural Resources Subject: NOTICE OF VIOLATION NOV-2010-MV-0100 Permit No. NCO040754 NC Outward Bound School WWTP Burke County Dee Freeman Secretary A review of NC Outward Bound School's monitoring report for March 2010 showed the following violations: Parameter Date Measuring Frequency Violation DO, Oxygen, Dissolved 03/06/2010 Weekly Failure to Monitor Solids, Total Suspended 03/06/2010 Weekly Failure to Monitor BOD, 5-Day 03/06/2010 Weekly Failure to Monitor Coliform, Fecal MF 03/06/2010 Weekly Failure to Monitor Flow 03/06/2010 Weekly Failure to Monitor pH 03/06/2010 Weekly Failure to Monitor Temperature 03/06/2010 Weekly Failure to Monitor Chlorine, Total Residual 03/06/2010 Twice Weekly Failure to Monitor It was also noted that the Compliance box on the back ofthe DMR was marked "Compliant" when in fact it should have been marked "Non -Compliant" with an explanation for the non-compliance. If the above parameters were left off inadvertently, please send an amended DMR 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 DWQ. — 's . ,1le DWQ Central Files S'•.`Clii''+litu4c'a`Yi,tst::uti.`•ltim!'S.N( i)Ut%a',triiBound =tfi'?4.tiill "i!tt Z1V-011',:?.tl<, NorthCarolina Naiura!!y North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone(828)296-4500 Customer Service Internet: www.ncwaterauality.org FAX (828)299-7043 1-877-623-6748 September 27, 2006 CERTIFIED MAIL 7ao�_osoo-oco3-8�9C —�6ao RETURN RECEIPT REQUESTED Mr. John David Hall Outward Bound School 2582 Riceville Rd. Asheville, North Carolina 28805 Subject: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No. NCO040754 Outward Bound School WWTP Burke County Dear Mr. Hall: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director __..- � � ••Division.of_Water Quality r^ 7-- — - �Ef� 2 8 20 06 D 1NATER QUALITY SECTION ION `F rVILLE REGIONAL OFFICE This is to inform you that a review of your toxicity self -monitoring report form for the month of June 2006 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take.whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Giorgino with this office at (919) 733-2136. Sincerely, l Overton Chief, Environmental Sciences Section cc: Roger Edwards/Asheville Regional Office �I�thtFIIaI�. s e�innalfie a Aquatic Toxicology Unit Central Files NorthCarolina ,Xatu ivllly North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper M a WHOLE EFFLUENT TOXICITY MONITORING AND REPORTING INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one permonth) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use bf multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (cc, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, .pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Chatge O,(u aexcept for facil'il'ies`whichhaye not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departmen ivironment and Natural Resources January 5, 2006 John David Wall NC Outward -Bound School 2582 Riceville Rd Asheville, NC 28805 SUBJECT: Payment Acknowledgment Civil Penalty Assessment NC Outward Bound School Permit Number: NCO040754 Case Number: TX-2005-0009 Burke County Dear Mr. Wall: I GI Alan W. Klimek, P.E. Director Division of Water Quality QIJAUT" Sc 'iiC' E This letter is to acknowledge receipt of check number 13922 in the amount of $1,553.42 received from you dated December 19, 2005. 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, &aA &,I) �C�GC1 Frances Candelaria cc: Enforcement File #: TX-2005-0009 Q Asheville-Regional=O:ffice-Super o Central Files NNoe Carolina tura!!y 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 1; North Oerollne OQtWBfd Bound School W21MO I iviarPDOra I 13822 II PAY Gnelhausand five n undreu Irremhreeand,42C1Do Doilers, TO THE NCDENR- Division Of Water Quality/Point Sou"8 ORDER 1617 MAIL SERVICE CEN]ER' RALEIGH, NC 2]6D3181] OF Michael'F "Easley, Gore n" i Willia ss S reiai� North Carolina Department ronment n at Re urces AI Klimek, E. r E -Divisio.n�o.,�W�t�lS�uality.V -=_w V Asheville Reqional Office SURFACE WATER PROTECTION November 9, 2005 Mr. John David Wall North Carolina Outward Bound 2582 Riceville Road Asheville, NC 28805 SUBJECT: October 25, 2005 Technical Assistance Inspection NC Outward Bound School WWTP Permit No: NCO040754 Burke County Dear Mr. Wall: Enclosed please find a copy of the Technical Assistance Inspection form from the inspection conducted on October 25, 2005. The Compliance Evaluation Inspection was conducted by Don Price, Starr Silvis, and Jim Reid of the Asheville Regional Office. The facility was found to be in Compliance with conditions of permit NC0040754. Please review the enclosed inspection report for additional observations and comments related to disinfection and de -chlorination, alkalinity, and alternative on -site wastewater systems. If you or your staff have any questions, please call me at (828)296- 4500. Sincerely, Don Price WWTP Consultant Enclosure •R Central -Files MEN 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 NonAhCarolina Naturally United States Environmental Protection Agency E®/� Washington, D.C. 20460 A Form Approved. 9 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO040754 111 121 05/10/25 117 18I DI 191 GI 20II -1 Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA - - -------------Reserved---------------- 671 169 70131 711 I 72I N I 73 I I 174 751 I I I I I I 180 �I 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 NC Outward Bound School 01:30 PM 05/10/25 05/05/01 Forest Service Rd Exit Time/Date Permit Expiration Date Morganton NC 28655 02:30 PM 05/10/25 10/01/31 Name(s) of Onsite Rep resentative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number John David Wall,2582 Riceville Rd Asheville NC 28805//828-437-6124//ontacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Is Flow Measurement 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 Don Price ARO WQ/// it,.1z"5- Starr Silvis ARO WQ/// �/17/e�Yo6 James R Reid ARO WQ//828-296-4500 Ext.4651/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Roger C Edwards ',%\ / ✓ �� EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES 3I NC0040754 I11 12 yr/mo/day Inspection Type O5/10/25 117 18I DI (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The facility appeared to be operating in compliance with conditions of the NPDES permit at the time of the Technical Assistance visit. If the facility continues to operate in its existing state I would suggest the following modifications to the system. These are : 1) move to a UV'disinfection system. This will eliminate the current chemical feed system and allow for an increased survival rate of toxicity test organisms. It will also assist the alkalinity/pH issue. Chlorination and de -chlorination chemicals use up alkalinity/pH, whereas UV does not. 2) seek to eliminate the discharge to surface waters. The facility could continue to operate the existing package plant as a sub -surface pretreatment system, but discharge to an alternative sub -surface area ( i.e. drip system, mound system, or large diameter pi a system, etc.) Current alternative systems can be investigated through the National Environmental Training Center - Small Flows at West Virigina State University, and the N.C. Dept. of Environmental Health, On -site Wastewater Section. Permit: NCO040754 Owner - Facility: NC Outward Bound School Inspection Date: 10/25/2005 Inspection Type: Technical Assistance Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n O Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, n n n and other that are applicable? ■ Comment: The facility operator is currently feeding soda ash to increase the pH of the system and improve toxicity measurements. If soda ash or some other alkaline chemical is going to be fed on a continuous basis, I would suggest the operator begin alkalinity measurements as part of the process control. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? M n n n Is the site free of excessive buildup of solids in center well of circular clarifier? n n ■ n Are weirs level? MOOD Is the site free of weir blockage? ■nnn Is the site free of evidence of short-circuiting? ■ D n n Is scum removal adequate? ■nnn Is the site free of excessive floating sludge? ■ O O n Is the drive unit operational? n n ■ D Is the return rate acceptable (low turbulence)? ■ n n n Is the overflow clear of excessive solids/pin floc? ■ n n O Is the sludge blanket level acceptable? (Approximately Y4 of the sidewall depth) n n n ■ Comment: Pumps-RAS-WAS Yes No NA NE Are pumps in place? n O ■ n Are pumps operational? O n ■ n Are there adequate spare parts and supplies on site? n n M D Comment: RAS and WAS Pumps consisted of air lift pumps. At the time of the visit the air lift was operating properly. Aeration Basins --.....-- .......-- Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■nnn Are surface aerators and mixers operational? n n ■ n Are the diffusers operational? ■ n n n Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 25% of the basin's surface? ■ n n n Is the DO level acceptable? n n n ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) nnn ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ n O n Are the tablets the proper size and type? ■ n n n Number of tubes in use? 2 Is the level of chlorine residual acceptable? ■ n n n Is the contact chamber free of growth, or sludge buildup? ■ O n n Is there chlorine residual prior to de -chlorination? [j n n 0 Permit: NC0040754 Inspection Date: 10/2512005 Disinfection -Tablet Owner- Facility: NC Outward Bound School Inspection Type: Technical Assistance Comment: Residual chlorine at the time of the inspection indicated a residual of 7ug/L. If tablet chlorine and tablet de-chlor are to be continued, I would suggest the facility utilize a calcium based chlorine and dechlorination chemical at a lesser concentration. Chlorine tablet concentration at time of visit was 68%, would suggest going to a 50% concentration. This suggestion is in agreement with a toxicity reduction study conducted in May of 2005. 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? Is the feed ratio proportional to chlorine appropriate? (Approximately ratio 1:1) Comment: Yes No NA NE Yes No NA NE NOV-03-2005 THU 10:34 AN ENV SCIENCES BRANCH tale, of North Carolina Dapp ,irtrn( mt of Environment and Matural Re -sources Division of Water Quality Michael F. itvlsiey, Govornor 1 William G. Doss, Jr., Secretary Alan W. Klimek, P.E:., Director Colccn Sulffns, Deputy Director a FAX NO. 919 733 9959 D E N R November 3, 2005 Division of Wator Quality Environmental Sciencos section Location: 4401 Roody Creek Road R41eigh, N.C. 27847 Mailing Address, 1621 Mail Sorvice Conter Raleigh, N.C. 27099 FAX: (919) 733-9950 P. 01 FAX TO: Don Price, DENRIi: WQ T ^ FAX NUMBER: 828.299,7043 [�-11014. Kevin Bowden-DENR 13'WOlAquatle Toxicology Unit i<s�� Pl j0N F: 019,733.2136 [IVi ._bF FAA FS It�CLUgING Tli1S SkiEET:_( 5 } SUBJECT: CT: ftEvat(F EhePaluiontetr Group) NPDFS Permit No. NC0040754 Burke County Doll, lllraso find attached information regarding a WWTP evaluation conducted by the Fletcher GmuP and our ravlow of their submittal. We approakatr your assistance to conduct a site evaluation and offer re;eornmendations for improved WWTP per(orrraance. kovin, E s a NOV - 3 20M • WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE DIVISION r r, � I J 5 D SION OF WATER QUALITY rE �J 1 June 10, 2005 1 5 2005 i 1 MEMORANDUM WATER QUALITY SECTION ASHEVIL-LE REGIONAL OFFICE To: Roger Edwards N Through: Matt Matthews to � From: Kevin Bowden 0 Subject: Toxicity Reduction Evaluation North Carolina Outward Bound School WWTP NPDES Permit No. NCO040754 Burke County Our office has received a WWTP toxicity investigation of the North Carolina Outward Bound School (NCOBS) WWTP. The information was transmitted by cover letter dated 5/18/05 from the Fletcher Group, the facility's toxicity consultant. The NPDES Permit specifies compliance with a 90% chronic toxicity permit limitation. On 4/28/05, a site visit was performed to view and discuss WWTP operations and potential sources of toxicity. No correlation was noted among analytical data, operation of the wastewater treatment plant and toxicity test failures. A review of historical analytical data indicated effluent zinc and copper concentrations of 116 ug/L and 257 ug/L, respectively, for an October 2003 sample. Zinc and copper concentrations in a June 2004 drinking water sample measured 93 ug/L and 34 ug/L. The report notes that zinc and copper may be entering the WWTP from well water. The pH of incoming well water (grab sample) measured 6.3 standard units. Incoming water is not chlorinated or buffered. Well water is pumped into an 8,000 gallon steel storage tank and the inside of the tank may be galvanized. Galvanized steel piping comprises the distribution system. Plumbing within individual buildings at the site is primarily copper pipe. Wastewater from several bathhouses, a dining hall, five cabins with bathrooms and the administration building is tributary to the WWTP. The effluent is chlorinated and dechlorinated prior to discharge to an unnamed tributary to Roses Creek. The report offers several recommendations. The first option is to increase the pH of the incoming well water and subsequent pH adjustment in the aeration tank (estimated cost of $15,000 to $25,000). The second option is to eliminate the discharge to surface waters and convert to a non -discharge septic system (estimated cost of > $10,000 -this option would require approval from the US Department of the Interior). An interim solution is to add potash to the initial aeration tank and increase the pH in the clarifier to 7.5 to 8.0 standard units. The report supports use of calcium based versus sodium based dechlorination. In summary, our review of past WET test results submitted for NTDES compliance purposes indicates a 50% compliance rate with the 90% chronic toxicity permit limit since March 2001. Although the facility has offered several alternatives to achieve compliance with WET, we hope that proposed strategies have been supported through either bench scale testing and/or effluent manipulations. Our copy of the toxicity investigation did not contain toxicity testing data to support proposed recommendations. If the facility chooses to implement a treatment option, perhaps a Special Order by Consent would provide conditional relief from future civil penalties. We note that effluent toxicant(s) do not appear to have been characterized through TIE testing. Should potash addition fail to ameliorate toxicity, we recommend TIE characterization of the effluent to identify the chemical class of the toxicant. If the facility's goal is to eliminate the discharge to surface waters, then additional TIE efforts would not be cost- effective. However, if the facility chooses a treatment option, then a systematic, biological approach supported by TIE testing would seem a logical and cost-effective means to reduce toxicity to acceptable levels. Should you have any questions, please feel free to contact me at 733-2136. cc: Keith Haynes -Asheville Regional Office Bob Sledge -Western NPDES Program David Wall, North Carolina Outward Bound School, 2582 Riceville Road, Asheville, North Carolina 28805 Aquatic Toxicology Unit Files Central Files so go NOV-03-200E THU 10:3b AM ENV SCIENCES BRANCH FAX N0, 919 733 9959 r RECEIVED 1 t; MAY 2 7 2005 Etlti<irt7nmelli�l 5ci�rca's , Fletcher Grog —r-----Trrrtia sYTrinalsr aral sorurros�s PROJFC'I'IWt4:P► ORAI4lDITM i)ato, I k May 2005 D Ivid Val I —North (;)Tolima Ot itward Bound School Frool' Dave, Shaw 1)iant Rosseter f30 b°IGCs COO ry r ,ubjeol:WG;;lut;?1wrtreatment plant faxicatyinvomigation Fleff:ltcr Group, Im. lllls completed all iavesti mtion alld mlila.tion ofthe toxicity issues tlssi7eiared wish the NDEII} C,rt crliltrt :)k1tl'vilyd LJOLInd School Table Roel. J3rtl-0 Camp wastewator treatment system. k ftl"o.%, AND +t,9pp.)I :C I RVI?5 1~10rth Caluf inn 0IILlVi rd.13olknd School (NC O135) 7,500-gallonper day (colincily) exieadcd i)eta6m tvn 3tevratL r (rukifm4nt plant at the Table 1;ioel< 13au; Camp located near Morganton, North fit.l,roTi»1, '1.11c lalmit o�ior,,Aos seasonally, wish ftmvv5 ratlging frcn it 200 to 3,000 gallons per 4 y, Th"a is no flow fort'nree to Poker luonllls of the your_ The, Llr lt.rrtcrtl: pImi)t is regntated under the NDPES progmrn, administet:J by the 1>f a e of N*or[h Carolint>, a►ld is rec[tmr4l d (0 monitor for chronic toxicity on a yui)rtcrty 1)3tii �, '111r' I i1Ntr,l,yitt8r tre:tl ment ay`3fum lilts expeliencod a i'llmher• nNiqu tLla toxicity finlures in the past few yLnrs, NCOMS coalmcwa with Nigzher Group, Inc- to outlltlello Iho w-,)btclrvnter to d V1 VTlrtinU the Sraurt0 of tilt/ toxicity f:.lituresand, to make recontnlrrndtitioriy for improvonen[3 ansor alI.til'Ttilt1VOtr0rllvm nt rllctlroC15, NC'.O S provid,,d F14gth r Croup with DiselmrGc Moniloring Reports (DMRs) from 2002 to Llla prese(tt, illetal:i results 5-mil thcr bxoming water sys(vil, a skulch of the wastewaltur ttcmme1lt plant and various inlet; infor17tallo 1 5 fi-c6fic to the site w814c9gakr trc.Wri :.nt process. Toxicity imt restills for Ric pnst two ypnr;;, inch-01ri 9tlplrcrlin�; chemistry dala, =ri` provided Envirorirncntsl T csting Solui:iorts, lnc, 0PAsbovilic,, NC. Vletchor Group conductcrl a situ v69it on April 28, 2005 in ordur to view and discuss tile wastmvaler ire;lt(tii'(lt sysrern and polmidal witrool Ibr the Loxicity faitt►n:s_ 1; ATA RVA IA1.0'FION All itiJ'orniatiolt 15ia)viOl ,o by .NCOBS nlld $TS were irviewcci to determine if the sotirce of illc toxicity could ba identified ibruzigh It Gm37-Clationbetween ar%)1yliCll. ClitJ'a and operating oon(litlorn orwastcwater ILTefitlRe rlt SyStWll. Pe.r'tuit-wquired amilytical parainctcrw such as ammonia, BOD, suspended solid:;, focal VolirbiYn I).Ora cor pni-ad agahlst operational :field remlilin, .t}ult us pt1, dissolved oxygen and flow to (IF,11m 71ill.0 if tlVL)t111el1i flInllt ► onditions dilrittg periods of Oxie,[ y failures differed from poriods of toxicity ccsul(71i ll�cc. G:Elelrti�r(ry cSnta rncasurcd by M- S dtlxinl; cl tali toxicity testing event (p>i and c altdtictivity) FVn�t r31Sr7 ov"Iiil;2ted, AliltrztlF4t daily .rlti+r4S irrl.i} (1-ftt4tirally from dhy to day, Lhcre a,rns rlo obyiotrs cort•oll;tion botwcLm any or t€u: treatment plaint alv(llion:lt ;uld analytical data rev iowcd and tho ioxiciLy fnilllre5. However, result-3 fi-orty Sli;illsl4 t7r mlyrarl in OVW)cr 200-3 111dictyh's diiii; :inc and copper wore pm:sent in ale, treatmellt:Itlnnxt CCI'llm ant loyclh we'll above ICI'hnl c01lcenf1nii01l, (I,C g) tq C'e Ho drPllrifa ehlIM7, IhG argmism used in the Y;bl� onrw•t(d lralnl.1; 1%$I, UCAOl W)Utruolrr toxicity evrillhrLiGnhanau. ryulaq�up� 19i1,5 dnr.(d105-05 P. 03 s NOV-03-2005 THU 10:36 AN ENV SCIENCES BRANCH FAX N0, 919 733 9959 P. 04 [ Ictcftcr Ct'orip I'►Y1j ,(;t)k4(:iuorandam ._. __ . l8 M�, 2005 1'dC~C)13S V4'ostetivaier'I`ovlCily Lnvcwstioation 2 arfttai is toxicity test, line t4rrs rcpa;,rted in flee t'�c:tobrr 2i743 efl71urt1t s;lmp9e at t). [ 1 G mg1L, '�lt` 4r;-11oll.r ne111a LC511 1(ar f111L is around 0.05 inn/l... Copperwas repoi lc[1 al 0.257 iug/L. in the Mtobev ' 003 sample, C�Plaraur l,cti Ct 43�lll�ur 1�C`jn of trtolktld (7,l7 S rucd/L. Addition-,ilb,, .zinc and copper were repatiod at lovels ttbuvu tlaG7r respcctiv; Lt'sa's ill a drin};ink venter scuts la ;lttialy rrc! in June 2fl01, Zine was datzted zt 0.093 nr /I..irul t,pl,;rr ;tt 0.03d nag/L,• Tlllx ]tlSllcatt`'•s t31rlt zir!Q ,and copper way be eritl'sing the urri,i�1; nlcr LCepluli nt plant at IcVe1$ p0teT1tiat1l)r toxzc to C. d1jhr17 tl-(ro'utgfi. the incoming water. 11'k1, '�lsr�' t� st,�Tt tlVi4'l'ft>'N� 'F(Ic site visit v::�3 Col�doCted Ur1 r�Ixil ?$, 20f)5 rot illat ilulr. ;itiprcl�imntely l Q enaployccs and abc7ut 25 L`;Y111()l•'r$ �'CJL` i}lt lllw Site. Arcviaw oftho wat�:rs;ystcrrl andHrasicwaiP•Y SyStC111 ViraS CQntjuCtetl, This reviow collsisled pf a visit to the wells, slomgo fsinit, all thlw water use faciiiti(:s; waste-%valcr eollectirin Flacilitics and the wo.sww atcr t2•>. .merit pIllnt, ]L4urss(.Ircn1 nt5 were t&oft at tlx: m31.uwater treatment plailt 'utd obsorwa(ioris wurolmtOo ofthu daily pTI anti DO nlwisuresliom. *nce- watev `l Ip ply 6y:'410111 is rzjtC;d a$ a tr'atlsicttt, nc>zl-Gbnzrnruuty public Wia[1_'r SySW6 M. "llle, water cornpS ' 1'roln fwa we11G pri III() liroperty. The pll ref illia inconin; w;Itor bray teslud by a grab sample and -wm arr� nsurell .7t t7,3 1.riri1,R, T110 WIter 1S riot I.Yt;awd WIl1.1.eitherohloYIito or bitfFurl.n j coaipaunds. Watar froin Ili(, yells Is pr1mpud di iv vtly to an 8,000 gallon stcx I utri(S, Tho F(j I relma3enI vivo was toId that tbo oil dre di:,lrib(ikou 4y5te,n wal Made of galvanized steol pipe. 't'ha original systern wis insiaiW in t11e late 1960's whou the school was built. 1110 steel storage tank was rcparted to be galvanized. Coated oil the iIZ::1C1L1, bo�vevcr si nc ( flu t�1nh is buriecl this cu>1Id 11s71 tap n(In["tnncd. The storage Nil* acts ris a roses -re aruj 41110 tU its 6.5vafiui provi&-n pressure for the sy>tatln, 'I'[,c plulnbing tvitltii7 qlo b1Yi]dirt�s is capper pipe, Lher o- is littla pl:lstic piping in the systern. Tha w;ist•rw'ltt:r syst'.'aj utilizes it v,ravity sewer to collect ific'tY£l uw7tor. There are scvcral 1�;ZL1�11ouscs, a d;iiino brill t1r;t4 Five c.lilins with fill ballaroonas. Tllerc lire ;1lso s(vata[ restrooms in the ac[lnintsir1ltiosr (3ailding ailed (the lc>Slsc is not. oonnec;ted to the SEwer as i.t has a septic fal3ll: systenu). T 10 trCLlIzIellt III ill It is a lltiilt in pllzwo, acLivntod sludge plant. 'I11e. tames -.1rc constnicted of precast foriarcic alid ll;ld cgrlcrete ilivicfer walls betvw n the second non.ition iai1 and Cie clarifier_ Et)cli talilc is the -.Mine S]r.L, The.. first unk is fo a;%ni ion and ibe geizond tanti providoz selditionjl aeration and a clarifier. The incoming " flaw didefur rgcri dite COY into file first acralion lank(=1,700 gallons) fete# then to the second jerat hart igrik (2,400 gallons) from there it flows into 3 cl;irilic�l' (I,�DO gallons, side water depth ofnluy, feet). L]pcm !i: lvtall ths' clarinur 111a,I 1:•Filuont flows thr6lioll a Obi t Chlorinator 01141411.0 a Septic@ltO contact chainbc=r, t4 Ftrr the: con tart cirtrlahFr the: effluent fio1� iklroz,glt. a t{lbiet decPslcarirlalar ttrlil tl]a'r}u4I1 i5 fill{ilE;I' Ro[{ref llurno for ine.nrlrciniont and r1i.?ch Ir a to the urt-ur1rI14c1 strcnra. V•'i("prr0.t35NcrM AND RC4:i31631' IQND_1`t IONS 'l'Ils, tapper nud -4kw uor(cunfra&lis are alppa3'enlIy Viriling froal the water supply system. '171c zinc is fyloui disc g7llvanl'.'f O pipe tirl(l• the col pep. is Wit11 a p1l ofICSs tl3i111 1S,� units illcrc is Ito p(lSivBkitbt Of (hc IV'Rtt1• l)ir)liilcs twill this mattes tlieiYt $rr8cUt)tib1Q to le lcliing into Diu drir3icirig water. In aldditioil t11,1 VO;tlivaly long pi.,xiinda of sstagiYrint flow inemna "" the leachilig potential gf 1ho system_ Till- Ill[ in tliC was(i w-ator pi ant i5 fCuther dcpressed by the systaill it ltt'r'171p1ting to nitrifiy under nerobic CQN1rlltions tmd luk Lei;tuntlon billos. The_uitintate rs}firth n.W0111d ba to tmat the well Wi(t: r toj-,Msu the pTLand buMccing capacity of the lrrator JIM jf ru,r� 1, adjust tli� p1l in the aterntiori tans., Thai syslc ul, allltr,ul It efFaot�ve, would rpgtlirc the enI-'u lilrlx ro kit, $15,00010 $25,000 in ckI)A ai Frnprovonacnts and pi miittilt;; fees. p,jr,p (IMM I Fvl,rd echonl H t(N)l Uuio(cwatx raxcicltYt cva]anUnrtl:,un:nmrymrm d)S11 o5.d.,a Ej MOV-03-2005 THU 10:36 AM ENV SCIENCES BRANCH FAX N0, 919 733 9959 P. 05 Muir ltr.> Cl:cmq ISroj �t Itd'� inorandurn _...... 18 May 2005 iV4:()r351�'.sf:,�tt>wr"!'oxirity tnvestieation �� Pace 3 J Arcr�tlrrr {�liort wuulrl bu to c;li;uinttte the tre�UnLttl;>1:UZt crltircly tmd chan3r; t11e systen7 to atlbFt- c( sc}�arY c s� fiyio f�rt1, Systldlt, This Zvould also vc grIiry iltc ONI' ;ncliWre Of tells of 11t01sail s or dollars and would olso rquino flit approval of the US Dvp trlmcnt oftlx: Iuterior, which owlls 61c Land. 1kn ittt;:z im s.s utie7it would b4 the additiontrl`potasl5 to I.ltc irlitial urritiun tank in bring the BEd up to 7.5 fo 2.0 in the clglifier, 1'owsh will add potassivaii to (l), sysiciii, but cia7es not contaui sodium, Wbich i5 potentially t'tdal to fho C. rNhira that tue used forthe toxicily ted, '1'I70 atllortnt 0f I,atjg11 t4 tre srci(9ed caii be cotnputcd sloichinmetrically, however given tlio vvia bilify yr tl lc ilo`N or fhn sy4cm AY-0 Would rocomme id thug, y4)tt jiiq fidd about a potmrl ofnlatcritil and them wait to ;co tha pil clr�tn�,c in ll,e cl:zrificr, The. time regnirei to see the ch.-In vriil lac cicl�otxiant on the flow, A loon-{ Moll :vday flow will 104c: al-)aut a week to sce any pli change in the clarifis T. Auoll lrvt liglatltl:�l c1t:1nl a is the 1r;C of a calohinn based declilourutiott cholydelil ittslead of the cm -rent ec�clir.trtr l is.;tl t y s(-:rn. ES ag in, by elimi`na t.irq atddition:ll forms oftodium, m, ills st,ltvi.va3l rate of the test or'1 anisms may bu incrra,ed. p •1r ai au lwlrxl b .u4al scJ �n4}L!$.jfi�)1,1�.� +tt �lrhri•Y tOxlciLy evUlU��tion�.uprl ir�YVm�: mog i f ?�S,r1pC .ti M ,Q� M NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality., Michael F. Easley, Governor William`G. Ross, Jr:, Secretary August 22, 2005 Mr. John David Wall North Carolina Outward Bound School 2582 Riceville Road Asheville, NC 28805 AUG 2 3 2005 D) WATER QUALITY SECTION ASHEVILLE REGIONAL OFFIC Subject: Remission Request of Civil Penalty Assessment NC Outward Bound School WWTP NPDES Permit NCO040754 Case Number TX-2005-0009 Burke County Dear Mr. Wall: This letter is to acknowledge your request for remission of the civil penalties levied against the subject entity. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact me.at_(919) 733-5083, extension 547. Sincerely, -ew-� /. -(4 Bob Sledge, Environmental Specialist Point Source Branch cc: 'hevill'e Regional=0ffceAw/attachments Enforcement File w/originals Central Files w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Nne orthCarolina Naturaliff AUG-19-2005 FRI 08:55 AM ENV SCIENCES BRANCH FAX NO. 919 733 9959 P. 05/05- 4D u S'J'Al1'I; Ole NOkI'lI CAROLINA ("f)UNTY OF l;3'C,rkKr1' IN T[II; M A"I"'IT'R. OF AS S HS S N4 L,'Nl' O (,LV11, PFNAL 1"1L4 AGAINST NC OUT'WART) IiQUNI) S(`,1100I, WWTP N111)FS T'1'1kN4l ' T+J0, NC;0040754 .I EPA.RTMEN'r or 1s'NUIR ONMEN'T" AND NATURAL, ltrSOLJRCrS WAIVER OF RTGTIT TO AN ADMINISTRATIVE' III,ARING AND STIPULATION OF FACTS FILE NO. 'rx-2005-0009 Iiavirig, bcseii ed civil pcnalties tolliIing � � C'>> �� ;� It •„L� ion• violation(s) as sot 1011.1-1 ill tllc d(icumcnl of the Director of tilt Division of Water Qm lity'daled ,,..�4��`�S L. �, ?S.. the 111IdoTylc'llcd, dc'slrillg to seek 1•0,111issioll of the civil ponallics, cloQs hereby waive I h o ripilt to all odmillisirative he'will" ill thy: abovc-statud m7ltcr and cues Stipulate that tho facts are as allcgc(1115 the ,iszes 111L:r(t docunlclll. Tho unclusigned 111r111Gt' that all cvidonce presented ill 5LIppor1 of remissloll ortld % 60 penalty mu, bQ sulimitled to the Director o (lie, Division of Water Qualitywithin 30 days oCrocelpt of lllk,1lotict, of ass s's1 wnt. No now ovidence in support o,f a remission request will bo allowed of er 30 clays froru the receipt ()AI I C'. notice Ofasscssrrlent. 'l`his tlic ._..---- �: --day of_— 13Y AT) 1)ft S AUG-19-2005 FRI 08:54 AM ENV SCIENCES BRANCH FAX N0. 919 733 9959 P. 04/05 Jl .T.Yr1F1CA'M'KLN FOR RE+ AJISSWN I2IaQT1Y4,�'1' l MIQ ('a,w Nat>Iltlm-; TX-2005-0009 County: Bui<•ke Assessed Party: NC OUtwar'd 113ouild Sellool WW'1'If Permit No. Ofnl>:plicable): NCO040754 Autoilpt Assessed: a q PICaw uI o this form when requosling rcroissiorl of this civil pen,llty. Yol.t ]Must also complete the Iw~r,�r_r,cs[yrar_T�rlvc�r OJ' 1?_inlrl !n crrr allll��r�risfrrrtir�c Ifc>rr�ilrtY,. n„cl ,S�rrl�r�!io�z rrJ Rn-111 to t-,.-tlucst renji5sloll of this civil pCnrllty. �'ott s11ou1cl ,►ttctcll ally dc,curncllts till)[YOUl7clii�vc su1)p0rl yourriilucsf and are ]lccc ss�try for ills f)ircclor to collSiclol' ill cvalulltillg )rout rcrlucst fcyr cc;iui�:ai011. Pluctst: be zw,trc that 1t requost for runissioll is limited to coils idcrat�iolI of the live factors listed (]clove as they relay relate to the rcasontrble,)cs,5 of the ,1111olult or the civil pollalty assessi:d. Rcquestin,, ruallissioll is not the 11t'oper prococlurc for eonli,:sling wholllcr the, violation(S) occim-od or t[lc ;ic;curncy cif' any of tllo factual stltenlcnts contaillud ill the civil 11c,ialty 45sess1110nt dommiont, Pursuant to N.C:.CT_S. § 14313-282,1(c), remis;,ioll of a civil penalty may be granted 0111y Whell olle Or more of the Following flvc factors applti:s. 111c<tso check Gash filGtOr illat you l:,c1i0vc; ;tpplics to your case and provide ,1 detailed CXl)1Clttitlli)17, 111G:ludi71L-7-cc.)pios of suppol-ling documents, "S to Why t11e factor appliQs (attach add itim1,11 1)ngoc tls licedod.). onll or more. of the 601 Iml,911.. 0-SSCsslriunl ,flctors in N.Q-CT.S. 111313-2S2,1(h) Wore to to ills clddillcllt Of llio peiitinngr (1ho, (r.ss(IrSlatclrl frr.lOrs cr1-0 listed in tlrcy citit pclrltllt� crssi::,s,s'rn2rrt document); �-- (l�) il�c viol�lior 11 rc)ml�tly ah:�tecj co,t(i�)uI V uv roi1montal dan7lLipLo csrtliin rrt iiic yic�l,lt ern 0,0-, cv)11i11 the stcl)s IhOl V011 100k 10 C017" Ct tlic, violation and pr•cvcllt fclfure (c:) IQ-yialalion was_inaldv_el_tcnt or ,t result or an ,accido,lt (Le, explairr ]very !hc vrnluliilli lt'rr•s rrrtcll�cairlrrlrlc nr' snnr�:tliirr�sy>ylarr c•crarlct'rrc�� prc?vcrrt. o`-Irr•c:plrrc foe); the violator had not been z psc:;sod civ11�)c_tl tltics orally lt_cviotls violations., ti e )t n-i n, of"tie , _ Y _ . ....._—? civil pc,�7lly_ tir!ill�Zlrr,verit l�ayule nttllc r�,,n,tinin ncccss,ti relltc(1411 adiOlt": (i.cr., c.q)1(lin holy perywent of l)re civill}�^r,a(ty tivill rrr�cv �l7t ynrr fi a►rt pi r f?rrrrlirri,* ,llrc� �r�tit,llics rr� cc=.4.slJf_y to cichici,e eoniplioncc), AUG-19-2005 FRI 08:54 AM ENV SCIENCES BRANCH FAX NO. 919 733 9959 P. 02/05 N I?,11Vt1'(7llllii'llttll Scic:rlces Section ( /0 N-11,11t mattilews DiV1S1Qll of WfitQ,1- QLlilllty 1621 Mail Sw-vice Center l�;l'[;;i�;l►, N ". 27699-1621 8,1J11,11'.'C 1�cquosi: for Itcnaission of Civil 1,ellally for Violations of NC GenCral Statute 143-215.1(a)(6) and NPraI;S Permit No. 'NC:'0040754 NC', Oalm)rd Bound School WW,1'1' I3ilrke Comity TX 2005-0009 Doar Mi-, .Maabe:ws: '1'liis, lchor is a requost for remission of civil pcnclll%cls accessed tjgaillst tllc North Carolina 0L1t\V,11"(1 IkIfild SQ11001. =I'h"' IUCIICT (t Llf) o[Creellville, Sc, conducted a, study to cicterilline the cause oftlle toxicity 10,,ol tilihlres at a cost of $2,38 7.30, It w1v; detemitled that high levels of cOpper and xirlc W01-0 tllc cause Of the faiitlri;. 0110 of lllo recommended solutions was to raise illc pli o f' tho, phut using soda ash. During Jaly f 1.5 lbs. cif soda ash to the plant daily. 'Elio {mill rosuIt forthe toxicity for July was ChV = a10b%. Dou to 14.—)w cnrollijellt at tho scI1001 QL11- rev011ucs art; way down, IZcrnission of the civil 1 omiltics woold licip to offset the cost of the study and also the addod cost of colripliancc ill tlle, fil 11lI.0, S i it cei,c.ly, D"iVid Wall Situ NC'0115 '1',1111c l�r?cic I3<Lfict,�lnll) 828--4:17-617,4, ext, .323 ��'6�, •, tt ('Jlq �ti .Z;,�YL,.--• Y Cel r1'l (���➢J)�. -f�;0109 (l-'9COSYS C11.g'iya/sltr�v� AUG-19-2005 FRI 08:54 AM ENV SCIENCES BRANCH FAX N0, 919 733 9959 P. 03/05 a GOAD fd6 INOWl Carolim) 011twarrl Bound School .13� llic;c�illc road th��lepAl�tia T ri� 29805 820-299-.1,166 dlul;tlst 17, 2005 Dc"Ir sirs: Tho. purpose o1my l.11ortoday is to dc:Mil iilc revellue shortfalls we a1•c experlc11cirig this year brYs�:YI 021 slcxw 111d 10W 011rullmorils in our coclrscs. '111tough juror, we Have all opcmi-inn deficit of t�266,000 with luitiolt sllorlfails of $121,000. 1?Ilrollmuts ill our public Cpursos arc; bell.ind plan by $7fi,000 avid enrollmcills in oar OutWilyd Bound Prolossimal Programs .ire behind }plan by $45,000. The ell► rrtltyear-clot projc c;lioll is tl►nt we will be u1Ydc;r plan by 125,000 ill tuittalls. we tlrc also other rcvunlu, lir)c it(;ms based on liming difforcnccs bill, wrc uspcct to achiow plarl in tllcsu categories by.yQ;w-ctld. f f Yoli s•110111d baw any Cluestioms, plc mc: feel JIme to contact ma fat the nuinhex listocl above, cxtoilsioll 111. K"Ilvil'S, 1$I11•lt)11 llssucJialc Diremor/CF0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 12, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 70aa -fit/Q Mr. John D. Wall North Carolina Outward Bound School 2582 Riceville Road Asheville, North Carolina 28805 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO040754 North Carolina Outward Bound School WWTP Burke County Dear Mr. Wall: c E D J U L 1 8 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE This is to inform you that a review of your toxicity self -monitoring report form for the month of May 2005 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact me or Mr. Kevin Bowden with this office at (919) 733-2136. Sincerely, Matt Matthews Aquatic Toxicology Unit Supervisor cc: CRoger�Edcvaffids-Ashev lle Regional -Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Central Files No ehCarolina ,aturallY North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Internet: www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper WHOLE EFFLU%TOXICITY MONITORING AND REPOR46 INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is.a dual requirement..All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you may consider submitting_your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. �QF WATF9Q Michael F. Easley, Governor \Q �i William G. Ross Jr., Secretary Cq North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality May 12, 2005 D E CERTIFIED MAIL 70eX- 2�`}l0 -aoo6 -�6l6 -! MAY 1 6 2005 RETURN RECEIPT REQUESTED Mr. John D. Wall WATER QUALITY SECTION North Carolina Outward Bound School LASHEVILLE REGIONAL OFFICE 2582 Riceville Road Asheville, North Carolina 28805 SUBJECT: NOTICE OF VIOLATION Whole Effluent Toxicity (WET) Testing NPDES Permit No. NCO040754 North Carolina Outward Bound School WWTP Burke County Dear Mr. Wall: This is to inform you that a review of your toxicity self -monitoring report form for the month of March 2005 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE), a site -specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note appropriate mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information; if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact me or Mr. Kevin Bowden with this office at (919) 733-2136. Sincerely, � ( 4;� `;'4 .K1 - Matt Matthews Aquatic Toxicology Unit Supervisor cc: CRogedwar..ds=Asheville Regional Office Keith Haynes -Asheville Regional Office Aquatic Toxicology Unit Central Files Noe Carolina Naturally North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 Phone (919) 733-2136 Customer Service Intemet www.esb.enr.state.nc.us 4401 Reedy Creek Rd. Raleigh, NC 27607 FAX (919) 733-9959 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper WHOLE EFFAS TOXICITY MONITORING AND REPO INFORMATION ➢ The following items are provided in an effort to assist you with identifying critical and sometimes overlooked toxicity testing and reporting information. Please take time to review this information. The items below do not address or include all the toxicity testing and reporting requirements contained in your NPDES permit. If you should have any questions about your toxicity testing requirement, please contact Mr. Kevin Bowden with the Aquatic Toxicology Unit at (919) 733-2136 or another Unit representative at the same number. ➢ The permittee is responsible for ensuring that toxicity testing is conducted according to the permit requirement and that toxicity report forms are appropriately filed. ➢ The reporting of whole effluent toxicity testing data is a dual requirement. All toxicity test results must be entered (with the appropriate parameter code) on your monthly Discharge Monitoring Report which is submitted to: North Carolina Division of Water Quality Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 IN ADDITION Toxicity test data (original "AT" form) must be submitted to the following address: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 ➢ Toxicity test results shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period (eg, January test result is due by the end of February). ➢ Toxicity test condition language contained in your NPDES permit may require use of multiple concentration toxicity testing upon failure of any single quarterly toxicity test. If the initial pass/fail test fails or if the chronic value is lower than the permit limit, then at least two multiple concentration toxicity tests (one per month) will be conducted over the following two months. As many analyses as can be completed will be accepted. If your NPDES permit does not require use of multiple concentration toxicity testing upon failure of any single quarterly test, you may choose to conduct either single concentration toxicity testing or multiple concentration toxicity testing per the Division's WET enforcement initiatives effective July 1, 1999. Follow-up multiple concentration toxicity testing will influence the Division's enforcement response. ➢ Toxicity testing months are specified by the NPDES Permit, except for NPDES Permits which contain episodic toxicity monitoring requirements (eg, if the testing months specified in your NPDES permit are March, June, September, and December, then toxicity testing must be conducted during these months). ➢ If your NPDES Permit specifies episodic monitoring and your facility does not have a discharge from January 1-June 30, then you must provide written notification to the Environmental Sciences Section by June 30 that a discharge did not occur during the first six months of the calendar year. ➢ If you receive notification from your contract laboratory that a test was invalidated, you should immediately notify the Environmental Sciences Section at (919) 733-2136 and provide written documentation indicating why the test was invalidated and the date when follow-up testing will occur. ➢ If your facility is required to conduct toxicity testing during a month in which no discharge occurs, you should complete the information block located at the top of the AT form indicating the facility name, permit number, pipe number, county and the month/year of the subject report. You should also write "No Flow" on the AT form, sign the form and submit following normal procedures. ➢ The Aquatic Toxicity Test forms shall be signed by the facility's Operator in Responsible Charge (ORC) except for facilities which have not received a facility classification. In these cases, a duly authorized facility representative must sign the AT form. The AT form must also be signed by the performing lab supervisor. ➢ To determine if your AT test forms were received on time by the Division of Water Quality, you consider submitting_ your toxicity test results certified mail, return receipt requested to the Environmental Sciences Section. Michael F. Easle ,Governor William G. Ross Jr., Secretary North Carolina Department of lironm ent--and Nafdial Resources tD rector Division of Water Quality June 3, 2004 Mr. David Wall, Site Manager N. C. Outward Bound School, Table Rock 2582 Riceville Road Asheville, North Carolina 28805 Subject: Compliance Evaluation Inspection Status: In compliance NC Outward Bound - Table Rock Wastewater Treatment Facility NPDES Permit Number NCO040754 Burke County Dear Mr. Wall: The Division of Water Quality inspected North Carolina Outward Bound School's wastewater treatment plant on May 31, 2005. , Observations indicated that the plant complied with the conditions contained in its discharge permit. Results are detailed in the attached report. Your attention is appreciated. If there are questions or any way in which I could be of help, please call telephone number 828-251-6208. Enclosure Sincerely, James R. Reid Environmental Engineer N"onhCarolina NatuMily North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper United States Environmental Protection Agency Washington, D.C. 20460 Form Approved. O1Gi�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 4a 2 i 5 1 31 N00040754 111 12I 05/05/31 117 18 U 19I g j 20 u -� Remarks u 21IIII IIII IIIIIIII IIIIIIII IIII IIII IIII IIII IILL]ss Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 Qq -------------------------Reserved-------------_ - -- 67 I 169 70 U 71 U 72 U4 73 W 74 75I I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) NC Oixt---ward Bound S chooi 10: 45 AM C5/05%3:1 05/03/O1 Forest Service Rd Exit Time/Date Permit Expiration Date Mlorganton NC 28655 11:10 T-14 05/05/31 10/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data John David Wa11/0RC/704-437-6124/ Name, Address of Responsible Official/Title/Phone and Fax Number John David Wall,2582 Ricez;ille Rd Asheville NC 29805//8'8-437-6124Gontacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) . Permit 0 Flow Measurement Operations & Maintenance E Self -Monitoring Program Facility Site Review N Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessarv) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Tarne s R Reid 1-2 �0 Signature of Management Q A Reviewer EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Agency/Office/Phone and Fax Numbers Date ARO WQ//328-296-4500 Ext.465:1i Agency/Office/Phone and Fax Numbers Date LLI NPDES -- ---- -- - r/mo/da -- -- -- - - - -- y-y- Inspection _ ii77C40754 Ill 12, 17 18O'�/0, Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) No one was on -site. Aerators were cycling at tijr., of inspection. A11 equipment appeared to be operating properly. Effluent: was clean and clear; fI.Ow was 0.5 gpm. The camp appeared to be between group s. 0� \NA Michael F. Easley, Governor �O G William G. Ross Jr., Secretary P North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director y Division of Water Quality SURFACE WATER PROTECTION SECTIONF � }4 f September 4 2007 u Mr. Wall NC Outward Bound School 2582 Riceville Rd Asheville, NC 28805 SUBJECT: Wastewater Collection System Owner & Operator Requirements NC Outward Bound School NCO040754 Burke County Dear Mr.' Wall: I would .like to take this opportunity to discuss the requirements for sewerage collection systems that were first established in 15 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: http://h2o.enr.state.nc.us/peres/Collection%20Svstems/CollectionSvstemsHome.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. One North Carolina Alatirrally 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 4, 2007 Page 2of2 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 need additional information regarding this issue, please contact Don 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, EP<&_V , -,: � . , Ie � -- 4 Roger C. Edwards, Supervisor Surface Water Protection Section cc: Deborah Gore - PERCS Unit - w/out enclosures h�-ritlre Roe gionmai U ' ke fay DWQ - SWPS - Central Office Files - w/out enclosures r Central Files: APS SWP 09/01 /09 Permit Number WQCSD0476 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 NC Outward Bound School Minor Asheville Location Address County Forest Service Rd Burke Morganton NC 28655 Facility Contact Affiliation Owner Name Owner Type NC Outward Bound School Non -Government Owner Affiliation John David Wall 2582 Riceville Rd Asheville NC 28805 Dates/Events Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 08/28/09 08/28/09 08/28/09 08/28/09 Regulated Activities Institution, other School Outfall NULL Waterbody Name Stream Index Number Current Class Subbasin ■ ColMlete items 1, 2, and I Also complete A.'"Signa ure 1 l item 4 if Restricted. Delivery is desired. 13 Adent-%,,. . ■ Print your name,and address on the, reverseaddressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. R ceived by (Printed Nar; e4; C: Date of Delivery or on the front if space nermitG_ 2/7 Pe-- - (57` /"a-)�j 7 diffeifnt/from it �1? ❑ Yes- (I North Carolina Department oflivery address bef ❑ No' l Environment and Natural Resources !' Division of Water Quality;��� ��D��� Surface Water Protec{iori Section, T 2090 U.S. Highway 70, Swannanoa` NC �877,8 �L i L' Deb Whitmore lfi coo 14 � 3 Service Type , NC Outward Bound School Certifed�Nlailress Mal' 2582� eville Road Registered Return Receipt for Me ise Asheville, NC 28805 �01 nsured Mail C.O.D. 4. Restricted Delivery?(Extra Fee). ❑yp F 7010 1870 0003 0874 7908 o6u- Zo//_ in V � 0/ 96 (E; =PS Form:381;1, February 20.04- = i i D'oinestic Return Receipt 102595-02-M-1540 Sent To l A Deb Whitmore --------. - . ---��--•--- �. NC Outward Bound School __________ ______ 2582 Riceville Road s / � 7� Asheville, NC 28805 v UNITED STATES POSTAL SERVICE First -Class M Postage 8, F, id USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • -Certified Mail Provides: C) ■ A mailing receipt JF ■ A unique identifier for your mailpiece Nc ■ A record of delivery kept by the Postal Service for two years 2091 swSW,'Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mails or Priority Mails, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fe�aiver for a duplicate return receipt, a USPS® postmark on your Certified Mail`receipt is .required. For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arik cle at the post office for.postmarking. if a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT. Save this receipt and present It when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-000-9047