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HomeMy WebLinkAboutWQCSD0038_Regional Office Historical File Pre 2018Water Pollution Control System Operator Designation Form WPCSOCC NCAC I5A 8G .0201 Penii's lee Owner/Offcer Naam.e:. C. Mailing Address: ?Q PIDx City: t-iC AdMe_— Email address: Signature: State: kc, Zip: CC-e1'4Qkr()_ Otion c) mci adc'U i 112.. clli/�,ct T Phone #: •3i90 Date: .3 6 - / `{ Facility Name: sibt..ADA 0 - PA—MQ'\ \\P _ C. (A 4...CA:10 cdS*Art Permit #: (\1@, SUBMIT A SEPARATE FORM FOR EACH TYPE SYSTEM! bo,C$,b 00 3 Facility Type/Grade: Biological WWTP Physical/Chemical Collection System Surface Irrigation Land Application Operator in Responsible Charge (ORC) /� ,, I - ' Print Full Name: h ��'� (� Ct k f ,�l 1o! �► Certificate Type / Grade /Number: C 5 X i 9 5- -°l 3 Work Phone #: (`) v ) 4266- 0-Z e Signature: i642 14;t - /J\ Date: 5J2.8J 7 DI �( "I certify that 1 agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in I5A NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: 0i7g /1 60 Certificate Type / Grad Number: C� �� / 9/(9/ 7 of / ,7f /mot 42ce Signature: Work Phone #: (2W) c6 7' /'9$O Date: (5.-.2oi" O/Y "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the 13U ORC as set forth in 15A NCAC 08G .0205 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mall,ftrx or email the origbtal to: Mail or fax a copy to the appropriate :Regional -Office: WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 Entail: certadmin@nedenr.gov Asheville 2090-US-Hw3L70 Swannanoa 28778 Fax: 828.299.7043 Phone: 828.296.4500 Washington 943 Washington Sq Mall Washington 27889 Fax: 252.946,9215 Phone: 252.946.6481 Fayetteville Mooresville 225 Grcen-St 610 E Center Ave Suite 714 Fayetteville 28301-5043 Fax: 910.486.0707 Phone: 910.433.3300 'Wilmington 127 Cardinal Dr Wilmington 28405-2845 Fax: 910.350.2004 Phone: 910.796.7215 Fax: 919.715.2726 Suite 301 Mooresville 28115 Fax: 704.663.6040 Phone: 704.663.1699 Winston-Salem 585 Waughtown St Winston-Salctn 27107 Fax: 336.771.4631 Phone: 336.771.5000 Raleigh 3800 Rarrettllr Raleigh 27609 Fax: 919.571.4718 Phone:919.791.4200 Revised 03-2014 Water Pollution Control System Operator Designation Form WPCSOCC NCAC 15A 8G .0201 Permittee Owner/Officer Name: x p1 ,Copes bh��?�—��Q! Aine1r�t n Cs�!Za' Mailing Address: 'Q & City: M�M.QA9 i l\e, State: il,) Cr Zip: ag) 0 t - 4:1009 Phone #: ( ) V 1 3) �Q Email address: - rnCC-QmY15 .OL 1 WV) Signature: Date: /2/,2g11I Facility Name: c.)`,,9t1, 6a' M C u \L W11eOlon ! SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! Facility Type & Grade: Biological WWTP Physical/Chemical Collection System Grade Grade Surface Irrigation N/A Land Application N/A Permit #: 11 IO. CrIzc- k _ Q WQ 1.-1-�� Operator in Responsible Charge (ORC) Print Full Name: %pl4- 1( Q:tn Met-"\-Qr1 Certificate Type / Grade / Number: 1�ecer: Coa-tior.1 95.798' 3 Work Phone #: ( ) 96- V7D re-c)14 Signature: J(6:A/?ram Date: /el zzi 2e) i "I certify that 1 agree to my designation as the Operator in Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities attic ORC as set forth in ISA NCAC 08G .0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Back -Up Operator in Responsible Charge (BU ORC) Print Full Name: '5-0S? . 1%L.0-3 r1 Certificate Type / Grade / Number: Coiler of W g95 } "-/-1 Work Phone #: (7. 1) 2)L" -22?5 Date: [ 2 (ola t / "I certify that I amy designation as a Back-up Operatorinn Responsible Charge for the facility noted. I understand and will abide by the rules and regulations pertaining to the responsibilities of the BU ORC as set forth in ISA NCAC 080 .0205 and failing to do so cau result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." Mail or Fax to: •WPCSOCC 1618 Mail Service Center Raleigh, NC 27699-1618 Fax: 919/733-1338 (See next page for designation of additional back-up operators. Designation of more than one back-up operator is optional.) • Revised 1-2010 General Information 1. Number of Pump stations 2. SCADA system PS 3. Telemetry PS 4. Audible and Visual only O 5. Generators Permanent a. Frequency tested Inspection Checklist 0 C Generators Portable (C� A. Quick -connect plugin PS B. Frequency tested Pump stations served 6. ORC Sewer Use Ordinance Enforcements Last Year FOG Program Inspections Public ED How Annual Report Date CIP Budget $ B=ORC Years by same generator. Documentation of 1. Line Cleaning (10%) 2. High priority lines (6 mos) 3. System observation annual asYucAQ 4. ROW mowing Review logs for PS O&M Review PS logs information I pump CS- Reportable Spills Repeat Location/Cause Non reportable spills Customer complaints Spare parts inventory Map of system % complete Collection System Inspection Checklist Manholes- Lines- Right Of Way- Aerials Manhole location or address Cover present - vent and cover above grade - vent screened Visible signs of overflow Sinkholes and depressions Good condition properly seated Bypass structures or pipes present Invert in good condition Size inches Pipe capacity '/ '/z 3/4 diameter. Line free flowing and unrestricted Excessive grease, roots, or sand Right of Way - location or name of outfall line Accessible Free of sinkholes or depressions No evidence of leakage Free of non -utility motorized traffic Aerialsg - High Priority lines -� t �i `! Exposed line of ductile. material 0 R- - Water crossings and supports in good conditions/ Level of debris on or behind line Free of damage 0%. . . Right of Way mowing records Visual inspection of off street lines General .observation of system (annual) ariverk �{ /q5 6%),t2 ?_ 4.t Beverly Eaves Perdue Governor R GENE MCCOMBS TOWN OF MCADENVILLE PO BOX 9 MC ADENVILLE NC 28101 SUBJECT: Dear Mr. McCombs: kiCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary September 22, 2011 Payment Acknowledgment Civil Penalty Assessment McAdenville Collection System Permit Number: WQCSD0038 Case Number: DV-2011-0031 Gaston County RECEIVED DIV/SION OF WATER OIIJALITY . SEP 2 2011 SWPSECTIOI MOORESVILLE REGIONAL OFFICE This letter is to acknowledge receipt of check number 0874 in the amount of $519.87 received from you dated September 13, 2011. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Daryl Merritt at 919-807-6307. Sincerely, Jovonah Weeden cc: Central Files 11 Its%1!J[erresTair peg on-altOifirce e� rj 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally U.S. Postal Service,. 'CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Restricted Delivery Fee D (Endorsement Required) TOWN OF McADENVILLE o sf PO BOX 9 o -s; McADENVILLE NC 28101 ATTN: MR R. GENE McCOMBS, PS "I TOWN ADMINISTRATOR S& fIr& Fs1 a 11 Postmark -Here m Retum Receipt Fee O (Endorsement Required) O C7 PS Forni 3800;.August2006 Sec Reverse for Instructions. f a I e SCDENII North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 16, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 2780 0003 1461 7771 Mr. R. Gene McCombs, Town Administrator Town of McAdenville Post Office Box 9 McAdenville, North Carolina 28101 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCSD0038 Town of McAdenville Collection System Gaston County Case No. DV-2011-0031 Dear Mr. McCombs: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $519.87 ($425.00 civil penalty + $94.87 enforcement costs) against the Town of McAdenville. This assessment is based upon the following facts: A review has been conducted of the Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for May 2011. This review has shown the subject collection system to be in violation of the requirements found in Collection System Permit No. WQCSD0038. The violation(s) that occurred are summarized in Attachment A to this letter. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper One NorthCarolina Naturally/ Based upon the above facts, I conclude as a matter of law that the Town of McAdenville violated the terms, conditions, or requirements of Collection System Permit No. WQCSD0038 and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in Attachment A. A civil penalty may be assessed against any person who violates the terms, conditions, or requirements of a permit in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Rob Krebs, Division of Water Quality Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of McAdenville: $ 425.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a permit for DWQ Incident No.201101081, which occurred on May 19, 2011. $ 425.00 TOTAL CIVIL PENALTY $ 94.87 Enforcement costs. $ 519.87 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or. intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Enviromnental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Subunit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include w ziver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request inust be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed • statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1)• whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing enviromnental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. . Please note that all evidence presented. in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Con:imittee 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" foam 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: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh,_North Carolina 27699-1617 AND Robert B. Krebs, Regional Supervisor Surface Water Protection Section 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -- provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Lon Snider at (704) 663-1699. ff//6111 (Date) iLe Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments PERCS Unit Enforcement File w/ attachments Central Files w/ attachments STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST TOWN OF McADENVILLE PERMIT NO. WQCSD0038 WAIVER OF RIGHT TO AN ADMNISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2011-0031 Having been assessed civil penalties totaling $519.87 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 15, 2011 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 w JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2011.-0031 Assessed Party: Town of McAdenville County: Gaston Permit Number: WQCSD0038 Amount Assessed: $519.87 Please use this foiiii 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 inN.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 froth 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 pet forming the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Permit Attachment A Town of McAdenville Collection System May 2011 Location Incident # Start Date 24 Hour Gallons 5 Day Vol. Reaching Surface Water Enforcement Case Violation Action WQCSD0038 manhole off of Lakeview Drive 201101081 05/19/11 4000 4000 DV-2011-0031 Proceed to Enforcement Cause: Cause: Grease Roots Yes Yes ( )(2011) Violator: NOV #: NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix 2_ — /2 v- 6 cG47 Enforcement Case #: - 'Lot - oc 3 Assessor: / - (r - Date: er7/v/j/ SSO Date: S (tq(1/ Incident #: 2- O(oal ASSESSMENT FACTORS G.S. 143B-282.1(b) Z 1. Harm: 2. Duration and Gravity of the Violation 3. Effect on Water Quantity or Quality: K___ 4. Cost of Rectifying Damage: I 5. Amount saved by Noncompliance: 6. Violation was committed willfully or intentionally: /L_ 7. Prior record of failing to comply with Sanitary Sewer Overflows: P-- 8. Enforcement Costs: 4-t _ " PENALTY AMOUNT: A c_tc Comments: SSO Penalty Matrix 1 _31 _08 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIf?+4 in this box • C!-3 NCDENR/DWQ SURFACE WATER PROTECTION 1610 EAST CENTER AVENUE SUITE 301 MOORESVILLE NC 28115 1,i1ill11l1n�ll111ll1l,lr11i1l�IIIIlu,llnl,l1lul1l,n1ll1l d NCDENR AtilTA FILE, North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 23, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7009 2250 0004 3265 7077 Mr. R. Gene McCombs, Town Administrator Town of McAdenville P.O. Box 9 McAdenville, North Carolina 28101 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2011-DV-0160 Collection System Permit Number WQCSD0038 Town of McAdenville Gaston County Dear Mr. McCombs: A review has been conducted of the Town of McAdenville's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for May 2011. This review has shown McAdenville to be in violation of the requirements found in Collection System Permit WQCSD0038 and/or G.S. 143-215.1(a)(1). The violations that occurred during May 2011 are summarized in Attachment A. Remedial and corrective actions, if not already implemented, should be taken to prevent further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish kills, and recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the spill was intentional, and whether money was saved by non-compliance. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper 0[le North Carolina �aturallM Mr. R. Gene McCombs NO V-2011-D V-0160 Page 2 r Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpeinntted discharge. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are the overflows that the regional office has determined, after review of the CS-SSO 5-day report, that may result in a civil penalty assessment. You have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment. If you have any questions regarding this policy please do not hesitate to contact Mr. Lon Snider or myself at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachment — A Cc: PERCS Files ender: Please print your name, address, and alP Permit # Location Attachment A . Town of McAdenville Collection System May 2011 Incident # Start Date 24 Hour Gallons WQCSD0038 manhole off of Lakeview Drive 201101081 05/19/11 4000 7009 2250 0004 3265 7077 0 - ry Rp m Br, h Y rncn. 51 Xi o opm5cn O � • . • 3 • 3 • rn 0m. Co CD 3.1 0 CD 5 Day Vol. Reaching NOV Case Violation Action Surface Water 4000 NOV-2011-DV-0160 Proceed to Enforcement TATES POSTAL SERVICE SURFACE WATER PROTECTION 610 EAST CENTER AVE SUITE 301 MOORESVILLE NC 28115 • Cause: Cause: Grease Roots Yes Yes irstrCJa§s^Nlail, . • �8� s�Paid qr .; elp Jn this box rn 0 r' C 0 0 .11 .s, n rn 1{jjj lilt lil l3ll i_I 111111111111ii11111111f1iii i lliii flit I1I11 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 26, 2007 The Honorable Mayor Town of McAdenville P.O. Box 129 McAdenville, NC 2801 Subject: Sewer Collection Issues Town of McAdenville WQCSD0038 Dear Collection System Permittee: Coleen H. Sullins, Director Division of Water Quality This letter is to inform you of the Division of Water Quality's new policy concerning sewer collection issues. In the attached Press Release you will note the use of the word "will" in regards to issuing Notices of Violation (NOVs) for Sanitary Sewer Overflows (SSOs). The intent of that statement was to make sanitary sewer system owners and operators aware that each SSO will be evaluated on a case -by - case basis to determine if a NOV. is warranted. The statement was not intended to indicate that in all cases an NOV will be issued without a review of case specific factors. You may have also noted a second statement using the word "will" regarding the issuance of civil penalties. Civil penalties are only issued based on case -specific factors that include, but are not limited to the following: volume, volume reaching surface waters, duration, gravity, impacts to public health, fish kills or recreational area closures. Again, the statement is not intended to indicate that in all cases a civil penalty assessment will be issued without review of case specific factors. In addition, the Division is requiring a Flow Tracking/Acceptance for Sewer Extension Permit Applications Form (FTSE-10/07). A revised form is enclosed. Effective January 15, 2008, this form must be completed by the owner of the receiving WWTP and submitted with all applications for sewer line extensions. Additional forms may be required if entities other than the owner of the WWTP own pump stations along the route of the proposed wastewater flow. These entities would certify and submit the additional forms. Applications received after the implementation date that fail to include this information will be returned immediately as incomplete. Section I, (d) of the FTSE-10/07 requires an estimate of the obligated flow not yet tributary to the WWTP. Reviewing flow allocations made over the last two. years, WWTP owners must reconcile their flow records, to the best of their ability, so it is known how much flow has been obligated, but not yet made tributary to the WWTP. Submit FTSE-10/07 to the Mooresville Regional Office with Section I, (a) — (e) completed by January 15, 2008. Please note that items (a) — (h) in Section I, will be completed for future sewer extension applications. One Caroli Nna /Valera!/y North Carolina Division of Water Quality Mooresville Regional Office Phone (704) 663 -1699 Customer Service NC DWQ.Internet: www.ncwaterquality.org Location: 610 East Center Ave. Mooresville , NC 28115 Fax (704) 663- 6040 1-877-623-6748 PERCS Unit Internet: http://h2o.enr.state.nc.us/peres/ An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Page 2 Deemed Collection System November 26, 2007 Please note that Section II will also be completed for each future sewer extension application. In most cases, the owner of the WWTP will be the owner of the pump stations and only one form will be required. In situations where the owner of the WWTP does not own all of the pump stations, additional forms must be completed. If you have any further questions or concerns, please contact Dee.Browder, Barbara Sifford or myself at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Regional Supervisor Attachments: Flow tracking form Sanitary sewer overflow form Press release .w JAMES B. HUNTJR GOVERNOR /AYNENCDEVITr ECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY July 26, 1999 Mr. James Davis Pharr Yarns, Inc. PO Box 1939 McAdenville, North Carolina 28101-1939 Subject: Collection System Spill Response And O&M Plan Review Town of McAdenville NPDES Permit No. NC0020052 Gaston County, NC Dear Mr. Davis: Mooresville Regional Office staff have completed a review of the Spill Response and Operation and Maintenance Evaluation Plans. The information will be used in determining the adequacy of operation of the subject collection system in the event of bypasses. Beginning July 1,1999 all sewage bypasses must be reported in accordance with the following procedures: 1. Wastewater Collection System bypasses must be reported to the Water Quality Section of the Mooresville Regional Office (see attached list) during regular business hours (8:00 am through 5:00 pm, Monday through Friday, excluding holidays) by telephone within 24 hours of first knowledge of the bypass. A wastewater bypass in any amount which reaches surface waters or a bypass to the land greater than 1,000 gallons must be reported. s...u'' 2. Sampling of the impacted stream(s) consisting of dissolved oxygen, pH, and conductivity must be conducted upstream, at the point of entry to the stream, and downstream of the bypass when the spill reaches surface waters. The data must be reported on the Sewage Spill Response Evaluation Form within five (5) working days. The report should be sent to the Water Quality Section of the Mooresville Regional Office (address at the bottom of this letter). The responsible party must immediately notify the North Carolina Wildlife Resources Commission at (919) 733-3391 should the bypass cause a fish kill. 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Spill Response and O&M Plans Page 2 4. A wastewater bypass that is the result of vandalism must be reported to this Office within 24 hours of first knowledge (see Number 1 above). Pictures of the vandalism and/or a copy of the police report should be included with the written report (see Number 2 above). Be advised that a minimum civil penalty of four thousand dollars ($4,000) may be assessed against the responsible party who does not report a sewage bypass in a timely manner as described above. Should you have any questions concerning our review or any of the above requirements, please contact Mr. G.T. Chen or Mr. John Lesley of this Office. Sincerely, `"D. Rex Gleason, P.E. o Water Quality Regional Supervisor Cc: Jeff Poupart, Non -Discharge Compliance Group Central Files Gaston County Health DepaiIntent JL/GTC