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NC0072940_Regional Office Historical File Pre 2018 (2)
NCDENR Pat McCrory North Carolina Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder Ai. John E. Skvarla, III Governor Acting Director Secretary July 9, 2013 Mr. James C. Windham, Jr. Stott, Hollowell, Palmer &. Windham, L.L,P. P. O. Box 995 Gastonia, NC 28053-0995 Subject: Withdrawal of Civil Penalty Assessments City ofHigh Shoals River Street WWTP (former NPDES Perrnit NC0024155) State Street WWTP (former NPDES Permit NC0072940) Case Numbers 1N-2004-0289, PC-2006-0022 & PC-2006-002.5 Gaston Count Dear Mr. Windham: The Division of Water Quality has received confirmation of completion of the sewer line project connecting the City of High Shoals' collection system to the Two Rivers Utilities' collection system, the elimination of discharge front both the River Street and State Street wastewater treatment plants, and has received requests for rescission ofthe NPDES permits associated with those facilities. These actions satisfy in fuli the conditions for a complete reduction of penalties assessed against the City of High Shoals as established in the June 30, 2008 .meeting between representatives of both the City and the Division., and ffirther elaborated in the Division Director's letter of Rine 26, 2012, As a result, the penalties assessed in the subject cases have been withdrawn and those cases have been closed.. The Division is grateful for the diligence you and the City of High Shoals have shown in moving this project forward, and for the efforts of all the other local parties that helped to make it become a reality, It is our continuing hope that this project and the example of cooperation it has projected will lead to more regionalization of wastewater treatment in Gaston County, which should benefit both its citizens and the environment. If you have any questions about this letter, please contact Bob Sledge at (919) 807-6398„ or via e-mail at bob.siedge@ncdent,gov. ,5i116eRly, E: Hennessy, Supervise — Compliance & Expedited Permitting Unit cc: Mooresville Regional Office — Surface Water Protection Section NPDES Enforcement Files Central Files Mayor Dan Weekley — City of High Shoals 1517 Mail Service Center, Raleigh, Nth Carolina 27699-1517 Location. 512 N. Salisbury SE Raleigh, North Carolina 27504 Phone: 919-807-6300 E FAX: 919-807-6492 Internet: umv nowaterguality,org An Fnual Opportunily Affir maliva Ackvi Employes One Carona Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary June 26, 2012 Mr, James C. Windham, Jr. Stott, Hollowell, Palmer & Windham, L. P. O. Box 995 Gastonia, NC 28053-0995 Subject: Framework for Settlement of Civil Penalty Assessments City of High. Shoals River Street WWTP (NPDES Permit NC0024155) State Street WWTP (NPDES Permit NC0072940) Case Numbers 1,V-2004-0289, PC-2006-0022 & PC-2006-0025 Gaston County Dear Mr. -Windham: The Division of Water Quality has reviewed your correspondence of March 30, 2012, sent on behalf of the City of High Shoals, The letter referenced a July 30, 2008 meeting attended by you, representatives of -the City of High Shoals, and Division of Water Quality personnel. A variety of topics were discussed during the meeting, all focusing on how the City of High Shoals might best provide for its future wastewater treatment needs. The Division stated at the time that it was willing to consider a settlement resulting in a substantial reduction of outstanding assessed penalties; however, any such settlement would be conditional upon the City of High Shoals making swift and tangible progress toward making its decision on how it will serve future wastewater treatment needs. Your letter pointed out the progress the City of High Shoals has made in improving its wastewater infrastructure since the time of July 2008 meeting. High Shoals has entered into a sewer interconnect agreement with the City of Gastonia for treatment of its wastewater, and has worked with Gaston County on the financing and construction of a sewer line that will convey High Shoals' wastewater to Two Rivers Utilities' Long Creek WWTP for treatment. Work on this project is ongoing and is expected to be completed in the fall of2012. The City ofHigh Shoals has additionally performed work to improve the condition of its own collection system, which not only wili eliminate extraneous flow, but will also allow sewer service to be made available to residences currently using septic tanks, Completion of the project will allow for the closure of the City of High Shoals' two septic tankisandfilter wastewater treatment systems and elimination of their discharges of treated wastewater to the South Fork River. 1617 Mad Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N, Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6492 internet: Www Alma te rq uali ty o rg An Eq14 Opporturnty Affirmative Action EnVoyer One North C arolina Naturally Mr. James C. Windham, Jr. City of High Shoals Penalties Settlement p. 2 The Division is appreciative of the manner in which the City of High Shoals has followed through on its commitment to ensure it will provide adequate and dependable wastewater -treatment both in the present and the future. Completion of the work performed by the City of High Shoals and its partners to construct the sewer line and eventually eliminate two permitted discharges to surface 'waters will fully satisfy the conditions set by the Division for settlement of outstanding civil penalties as stated during the July 30, 2008 meeting. Therefore, upon its receipt of confirmation regarding the completion of the sewer line project and the elimination of the discharges from the River Street and State Street wastewater treatment plants, and the City of High Shoals' request for rescission of its NPDES pemiits„ the Division will eliminate the entire balance of outstanding civil penalties assessed against the City of High. Shoals. The City of High Shoals is requested to inform the Mooresville Regional Office of substantial developments that occur as the project approaches and reaches its completion. Requests for rescissionof the NPDES permits should be sent to the Division's central office in Raleigh. Thank you for your assistance in bringing these matters to. their conclusion. If you have any questions about this letter, please contact Bob Sledge at (919) 807-6398, or via e-mail at bob.sledgekncdenr.gov, Sincerely, Charles Wakild. cc: .Mooresville Regional Office NPDES Enforcement Files Central Files Michael F. Easley, Governor William G. Ross Fr.„ Secretary North Carolina Department of 'Environment and Natural Resources February 19, 2008 CERTIFIED MAIL 7002 0510 0000 546 L 6225 RETURN RECEIPT REQUESTED Ms, Beth Usery City of High Shoals P. a Box 6 High Shoals, NC 28077 SUBJECT: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) State Street WWTP Case Number PC-2006-0025 NPDES Perrnit NCOO72940 Gaston County Dear Ms. Usery: Coleen H. Sullins. Director Division of Water Quality FEB 27 t NC DENP DWQ-Surface Isss,,,s04 A final agency decision on your request for remission of the subject civil penalty will be made by the Committee On Civil Penalty Remissions (Committee) of the Environmental. Management Commission, (EMC) on Thursday, March 13, 2008. No request for oral presentation was made. You may attend this meeting, but you will not be permitted to speak regarding your case. V/ The EMC Chairman has considered the written record and determined that no oral presentation will be made. You may attend this meeting,. but you will not be permitted to speak regarding your case, The EMC Chairman has considered the written record and determined that an oral presentation is necessary, Please come prepared to present your remission request at this meeting. You will be allowed approximately five (5) minutes to speak. Please be advised that theCommittee :cannot consider any information other than that submitted in the original remission request. Please note, the State Bar's recent Opinion :regarding the unauthorized practice of law affects your method of presenting at the Committee. If you are an individual or business owner and are granted an opportunity_ to make an oral presentation before the Committee, then you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf regarding the factualsituations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law, CNe Nh Carolina Alaturally North Carolina Division of Water Quality 16 F7 Mail. Service Center Raleigh,. NC 27699-1.617 Phone (419) 733-7015 Internet: www.newarcroualitv.ori; Location: 51.2 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Customer Service 1-877-623-6748 Ms. Beth Usery PC-2006-0025 CCPR iwlcatitication p. If you are a corporation, partnership or municipality and are granted an opportunity° to make an oral presentation before the Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed atto Presentation of facts by non -lawyers' is permissible. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with the hearing of a case if the Committee is informed that apotential violation of the of the statute regarding the unauthorized practice of law has occurred. ie and Location of Meeting y.. The Committee will convene at 11:00 a.m. or immediately following the closing of the regularly scheduled husiness meeting of the Environmental Management Commission. The Committee meeting will be held in the Crime Control & Public Safety Conference Room (Room G24), on the ground floor of the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see enclosed map). Other Things to KnowAbout The Meetini The length of an Environmental :Management Commission meeting is determined by its agenda of the day and the amount of discussion given to each topic — meetings often extend into the early afternoon. You are advised to arrive for the Committee meeting no later than 1 I:00 a.m. in order to ensure your opportunity to listen to consideration of your case in the event that the Committee begins at its appointed time. If the Commission meeting runs long and you need refreshment or food, Division of Water Quality staff can direct you to a canteen/snack bar that is located on the basement floor of the Archdale Building or to other local eateries. If you have any questions concerning this matter, please call Bob Sledge of the Point Source Branch at (919) 733-5083, extension 547. Sincerely, 0Z.4: ‘CA/ Coleen H. Sullins enclosure cc: Mooresville Regional Office Enforcement File Central Files Ms. Beth Usery City of High Shoals P. O. Box 6 High Shoals, NC 28077 Subject: Dear Ms, Usery: Michael F. Easley, Governor William. G. Ross Jr, Secretary North Carolina Department of .Erivironment and Natural Resources Remission Request of Civil Penalty Assessment City of High Shoals River Street WWTP NPDES Permit NC0024155 State Street WWTP NPDES Permit NC0072940 Gaston County Case Numbers PC-2006-0022 & PC-2006-0025 Alan W Klitnck, P.E. Director Division of:Water Quality This letter is to acknowledge your request for rernission of the civil penalties levied against the subject facilities. However, your requests were not accompanied by the required "Waiver of Right to an. Administrative Hearing & Stipulation of Facts" forms.. Neither did I find completed "Justification For Remission Request" loans within your remission package. We will not be able to proceed with review of your requests until completed waiver forms are submitted to our office. In addition, the package we received included two copies of a remission request for case PC-2006-0025 and nothing relating to case PC-2006-0022. If the City intends to request remission for case PC-2006- 0022„ it will need to submit a unique and specific discussion for the Director to consider, even if you feel the circumstances are similar to those in the other case. Additional copies of the forms are enclosed with this letter. Once they are completed and returned,your requests will be scheduled for review by the Director and you will be notified of the results. If you have any questions about this matter, please contact me at (919) 733-5083, extension 547. enclosure cc: Mooresville Regional Office Enforcement File Central Files Sincere „(4 Bo Sledge, Environmental Specialist Point Source Branch North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) '733-7015 Internet: www.ncwaterquality.on. Location: 512 N. Salisbury St, Raleigh, NC 2.7604. Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer 50% Recycled/1n Post Consumer Paper 06 hCarolina Wally Customer Service 1-877-623-6748 June 6, "26 CERTIFIED MAIL 7003 0500 0002 6814 3380 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert City of High Shoals P. O. Box 6 High Shoals, NC 28077 Michael F. Easley. Governor William G, Ross fr.. Secretary North Carolina Department of Environment and Natural Resources JUN C< SUBJECT: Assessment of Civil Penalties for Violations of N.C.G.S. 143-215.1 & NPDES Permit NC0072940 City of High Shoals — State Street WWTP Case Number PC-2006-0025 Gaston County De Mayor Gilbert: This letter transmits notice of a civil penalty assessed against the City of High Shoals in the amount of $7,808.04, including $433.04 in enforcement costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me pursuant to delegation provided by the Secretary of the Department of Environment and Natural. Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver fonn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 OR North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7415 t ustomer Inteanet: www.ncwater ality Location: 512 N. Salisbury St, Raleieh, NC 27604 Fax (919) 7 2496 l-S77-62:3 Nci `.hCarolina Aaturallrj u An Equal opportunity/Affirmation Action Empbyer - 50'% Recydedll 0% Post Consumer Paper PC-2006-0025 p.2 2. Submit a written request for remission including a detaiied 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 violatio.n(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 bya waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from. the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted. in writing. The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The responsewill provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 OR PC-2006.-0025 P 3 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You .must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of .Administrative Hearings during normal office hours, The Office of Administrative Hearings accepts filings Monday through Friday 'between the hours of 8:00 a:m. and 5:00 p.m., except for official state holidays. The original and one (1.) copy of the petition. must be filed with the Office of Administrative Hearings.. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel. DENR 1601 Mail Service Center Raleigh, NC 27699-1.601 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 he 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 Mr. Bob Sledge at (919) 733-5083, extension 547. Sincerely, Susan A. Wilson, P.E. Supervisor, NPDES Western Unit attachments cc: Regional Office Enforcement File Central Files STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER. OF:. CITY OF HIGH SHOALS/ STATE STREET WWTP FOR VIOLATIONS OF: NPDES PERMIT NO. NC0072940 AND NORTH CAROLINA GENERAL STATUTE 143-21.5.1 File No. PC-2006-0025 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Susan A. Wilson, P.E., make the following: FINDINGS OF FACT: A,. The City of High Shoals, (hereinafter City) is an incorporated municipality organized and existing under the laws of the State of North Carolina. B. The City operates the State Street wastewater treatment plant (WWTP) in Gaston County, The State Street WWTP discharges treated wastewater through Outfall 001 to the South Fork Catawba River, WS-IV waters of the state in the Catawba River Basin. The permitted flow is 0.0159 MGD. C. The City was reissued NPDES Permit No, NC0072940 on July 14, 2005, effective August 1, 2005, with an expiration date of. July 31., 201.0. D. The permit contains the following relevant monitoring requirements for Outfall 001: Monitoring Sample Effluent Parameter Requirement Location Limitation Flow weekly I or E 0.0159 MGD (MA) Temperature weekly E N/A TRC 2/week E 28 ug/l (DM) I — Influent E — Effluent TRC — Total Residual Chlorine MA — Monthly Average DM — Daily Maximum E. Part II, Section C. (2) of the NPDES Permit states, in part, that "The Pertnittee 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 Perrnittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures." VCity of High Shoals/State Street WWTP Findings and Decisions Page Two Part II, Section D. (6) of the NPDES Permit states, in part, that "the Permittee shall retain records of all monitoring information, including: all calibration and maintenance records, copies of all reports required by 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." Part II, Section E. (1.2) of the NPDES Permit states, in part, that "Pennittees 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 1.43-215,1C), 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 the evaluation. H. The City's self -monitoring reports for the months June 2004, July 2004, and August 2005 through December 2005 revealed the following violations of the above -cited permit, monitoring requirements: (See Attachment A.) MRO/DWQ staff performed a compliance evaluation inspection (CEI) at the subject facility on August 17, 2005, MRO/DWQ issued a Notice of Violation (NOV)/Notice of Recommendation for Enforcement (NRE) on August 25, 2005 for violations of the above -cited permit conditions. MRO/DWQ initiated a follow-up compliance sampling inspection (CSI) on December 8, 2005, and found continuing violations of the above -cited permit conditions. MRO/DWQ issued a Notice of Deficiency (NOD) on December 19, 2005. MRO/DWQ performed a follow-up inspection on March 7, 2006, that again revealed continuing violations of the above -cited permit conditions: (See Attachment A) The City's prior record of compliance with programs over which the Environmental Management Commission has regulatory authority is as folio . A civil penalty (Case No..LV-2006-0443) of $185.04 was assessed on November 18, 2005 for a violation of permitted fecal coliform limit, The penalty has not been paid. A civil penalty (Case No..LR-2005-0013) of $600.00 was assessed on May 10, 2005 for the failures to submit the August and September 2004 DMRs, The City's remission request was denied on September 13, 2005 and the penalty was paid in full on September 29, 2005, The City has been issued three NOVs for limit and/or monitoring violations from August 21, 2002 through January 1.3, 2005. In addition, DWQ/MRO has issued three NOVs, one NOV/NRE, and a NOD for the last five compliance evaluation/sampling inspections conducted between May 14, 200.2. through December 8, 2005. K. The costs to the State of the investigation and enforcement procedures in his matter totaled $433.04. Based upon the above Findings of Fact, 1 make the following: City of Fligh Shoals/Sta e Street WWTP Findings and Decisions Page Three CONCLUSIONS OF LAW: A. The City is a "person 'n the meaning of G.S. 143 2I5.6A pursuant to G.S. 143-212(4). B. NPDES Permit No. NC0072940 is required by G.S. 1.43- The monitoring requirements and the conditions within the subject permit regarding proper operation and maintenance, records retention, and preparation/dissemination of annual performance reports are terms, conditions, or requirements of said permit. D. The City violated G.S. 1.43-215.1 and NPDES Permit NC0072940 on seven (7) occasions during the months of June 2004 through September 2004, in the manner and to the extent described in Attachment A, by failing to monitor the effluent for flow. E. The City violated G.S. 143-215.1 and NPDES Permit NC0072940 on three (3) occasions during the months of June 2004 and July 2004, in the manner and to the extent, described in Attachment A, by failing to monitor the effluent for temperature. E. The City violated G.S. 143-215.1. and NPDES Permit NC0072940 on twenty- three (23) occasions during the months of June 2004, July 2004, and August 2005 through December 2005, in the manner and to the extent described in Attachment A, by failing to monitor the effluent for TRC. G. The City violated G.S. 143-215.1 and NPDES Permit No. NC0072940 on two (2.) occasions as noted during the inspections conducted on August 17, 2005, and March 7, 2006, in the manner and to the extent described in Attachment A, by failing to retain documentation required by the permit.. The City violated G.S. 143-215.1 and NPDES Permit. No, NC0072940 on two (2) occasions as noted during the inspections conducted on August .17, 2005 and December 8, 2005, in the manner and to the extent described in Attachment B, by failing to provide the proper operation and maintenance at. the wastewater treatment facility. The City violated G.S. 1.43-215.1 and NPDES Permit NC0024155 on two (2) occasions for the years of 2004 and 2005, by failing to prepare, submit, and disseminate the annual performance reports. A. civil penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2). The State's enforcement costs in this matter may be assessed against the City pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). City of High Shoals/State Street WWTP Findings and Decisions Page Four Susan A. Wilson, P.E,, supervisor of the Division of Water Quality's NPDES Western Unit, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, 1 make the following: DECISION.: Accordingly, the City is hereby assessed a civil penalty of: $ 0 $ 2O $ (000 For of seven (7) failures to monitor for effluent flow in violation of G.S. 143-215.1 and NPDES Permit No. NC0072940 for the months of June 2004 through September 2004. For 3 of three (3) failures to monitor for effluent temperature in violation of G.S. 143-215.1 and NPDES Permit No. NC0072940 for the months of June 2004 and July 2004. For 1S7 of twenty-three (23) failures to monitor for effluent total residual chlorine in violation of G.S. 143-215.1 and NPDES Permit No. NC0072940 for the months of June 2004, July 2004, and August 2005 through December 2005. For 2- of two (2) violations of G.S. 143-215.1 and Part ILL Section C. (2) of NPDES Permit No. NC0072940, by failing to properly operate and maintain the wastewater treatment facility as observed by DWQ staff on August 17, 2005 and December 8, 2005. For 2- of two (2) violations of G.S. 143-215.1 and Pan II, Section D. (6) of NPDES Permit No. NC0072940, for the failures to retain the permit required documentation as observed by DWQ staff on August 17, 2005 and March 7, 2006. For '2- of two (2) violations of G.S. 143-2151 and Part IL Section E. (12) of NPDES Permit No. NC0072940, by failing to prepare, submit, and disseminate an annual performance report for the years 2004 and 2005. $ 1-33. Enforcement costs. 3,08,01 TOTAL CIVIL PENALTY City of High Shoals/State StrStreet 'TP Findings and Decisions Page Five Pursuant to G.S. 1 3-21 . .(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and: Conclusions of Law and the factors set forth in a. _.1 31 - 1(b), which are: ): 5) 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; The duration and, gravity of the violations; The effect on ground or surface water quantity oar quality or on air uality, The cast of rectifying the damage; The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or int ration lly (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 ( The cost to the State of the enforcement procedures. fe,970k, (Date) wusan . 'ilson,l.F., Supervisor NPDES Western Unit Division of Water Quality ATTACHMENT A Town of High Shoals/State Street WWTP NPDES Number NC0072940 Monitoring Violations Monitoring Sample Number of Parameter Week(s) Frequency Location. Violations Flow 5/30/04 — 7/3/04 weekly E 4 7/18/04 — 7/24/04 1 8/29/04 — 9/4/04 1 Temperature 6/20/04 — 7/3/04 weekly E 2 7/18/04 — '7/24/04 1 TRC 6/6/04 — 6/12/04 twice/week E 1 6/13/04 — 6/19/04 1 6/20/04 — 6/26/04 2 6/27/04 — 7/3/04 2 7/18/04 — 7/24/04 2 8/22/05 -- 12/4/05 15 (1 per week:) Total.: 32 TRC — Total Residual Chlorine E - Effluent Section D(6)/Record Retention Violations Compliance Evaluation lnspection performed on August 1.7, 2005: The Town failed to retain: ORC visitations/maintenance activities (several weeks) in June and July 04. The calibration and supporting on -site field analysis data (several weeks) during the months of June 04 through September 04. Follow - 'on erfos:tredon March 7 2006: The Town failed to retain: - The November 05 ©'MR and all supporting laboratory documentation (chain of Custody forms,. laboratory analyses, etc,). ATTACHMENT B Town of High Shoals/State Street WWTP NPDES Number NC0072940 Part lf, Section C(2)IOperatiota &.. Mainte aance Violations Compliance Evaluation Inspection performed on August 17, 2005: - The filter beds were in poor condition and needed extensive maintenance. - Excessive vegetation was observed in three of the four filter beds, - Excessive solids/debris (that needed removal) were observed on one of the filter beds. - The sand in several areas throughout the filter beds appeared "spent" (bound with solids) and needed replacement. - The siphon system in one of the septic tank trains was not operational. Note: The ORC was. pumping the wastewater to the dosing chamber of the second septic tank train for continued treatment. - The interior baffle wall of this septic tank (utilized to contain floatahle debris) was leaking into the dosing chamber due to severe deterioration. Compliance Sampling Inspection performed on December 8, 2005: - The leaking baffle wall in the septic tank had not been repaired. - The Town had not initiated efforts to replace the "spent" sand in the falter beds. - The effluent fecal colifotan samples were being collected in an unsterilized container (bucket), - The Town analyzed and reported invalid effluent total residual chlorine (TRC) results from August 22, 2005 through December 4, 2005 (15 total violation.$). Note: The Town's field laboratory certification (#51.30) was decertified (effective August 22, 2005). The Town was required to utilize a certified laboratory to perform all on -site field analyses. The Town contracted a certified laboratory (K & W Labs) toperform only once a week effluent TRC sampling (twice per week required). Fir STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST CITY OF HIGH SHOALS NPDES PERMIT NC0072940 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2006-0025 Having been assessed civil penalties totaling S7,$0804 for violation.(s) as set forth in the assessment document of the Division of Water Quality dated June 6, 2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 200 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: PC-2006-0025 Assessed Party: City Of High Shoals Permit Number (if applicable): NC0072940 County: Gaston Amount Assessed: $7,808.04 Please use this form when requesting remission of this civil penalty. You rnust also complete the "Re c Crest For Re iVaiver Rt bt `o 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. § 1.43B-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 facctor. applies (attach additional pages as needed). (a) one or more t f the civil penalty assessrrlent factors in N.C.G.S, 43B-282,1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are fisted in the civil penalty assessment document); abated continu violation (i.e.,, explain tTte steps that yatt took to correct occurrerrcesl; (b) the violato he violation was inadvertent or a .oidal le or something vary could da n e fron th r i©lation and prevent fan accid or prepare, explain (d) the violator h.ad not been assessed civil penalties fir any previous violations; y the (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., e.xplain hoar, payrnent of the civil penalty v ill revert you, morn pet uniting the activities necessary to achieve cornplianc•e. I XPLAANA`I'ION: iir STATE OF NORTH CAROLINA ENV ROl rrIENTAL MANAGEMENT COMMISSION County of Gaston DWQ Case Number PC-2006-0025 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION City Of High Shoals ) I hereby request to make an oral presentation before the Environmental. Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above, In making this request, I assert that I understand all of the following statements: This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh, North Carolina. My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS ( ) TELEPHONE M MOR NMI FROM: M: PREPAREDBY: SUBJECT: DIVISION 0I " VATQUALITY" 2006 Bob Sledge Rex Gleason s Bell fix' Frack E-n br r e t (PC) iolatirirrs of NCGS 1 5- 1 .1 NPDES Permit No. NC0012940 Torn ofHigh Shoals/State Street 1.11. Gaston County, N.C. Attached is an enforcernerit report whwhich details violation of NPDES PermitNo. NC0072940 and NCGS 1 3- 15.1. Also enclosed are August ust 5, 2005 OV. RL) and December ;1 , 2005(NOV) inspection reports and the Ta'an's response letters. rr addition, please see attached pictures that are self explanatory. Based upon our recce ofthe responses, an enforcement action is s; ll rccornrncnded. Attacl WB If you raents questions car cdditionti] inf rrnation, please e nttrct Wes or trig STATE OF NCRTII CAROLLNA NORTH CAROLIINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF: TOWN OF HIGI-I SHOALS/ STATE STREET WWTP FOR VIOLATIONS OF: NPDES PERMIT NO. NC0072940 AND NORTH CAROL INA GENERAL STATUTE 143-215.1 File No. PC FINDINGS AND DECISIONS ANI) ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the SecretaryDepartment of Enw ironrncnt and Natural Resources, I, Alan W. Klimek, P.E., Director of the Division of Water. Quality, make the following: FINDINGS OF FACT The Town of 1ligh Shoals, (hereinafter To vn) is an incorporated rnunicip, organized and existing under the laws of the St :te orNorth Carolina. Tlae `Town operates the State Street wvastewvater treatment. plant (WWTP) in Gaston County.. The State Street WWTP discharges treated wastewater flu° ough Ou tfall 001 to the South Fork Catawba River, VS -IV waters of the state], the Catawba River Basin. 11'he permitted flow is 0.0159 M(.1). I"cwn was reissued NPDES Pc r nit. No. NC0072940 on July 14. 2005, ctive August 1.. 2005, with an expiration date of July 31, 2010. 'Hie permit contains the folIow"it monitoring requiren-tents for Outfall 001.; Monitoring. Sample Lfflu Parameter Requirement Location. Liio Flow wveekly I or E 0.0159 MGD (MA) 'Temperature weekly E N/A TRC 2!week E 28 ug/1. (DM) 1— Influent E — Effluent "1'RC — Total Residual Chlorine MA — Monthly A\ erage I)Mel — Daily Maximum Part 1I, Section C' (2) oI the NPDES Permit states, in part, that "The :Per tee shall at all times properly operate and maintain all facilitie and systems of treatment and control (and related appurtenances)wwthich are installed or used by the Perrnittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and. appropriate quality assurance procedures." Town of High Shoals/State Street WWTP Findings and Decisions Page Two. Part 11, Section D (6) of the "NPDES Permit states, in part, that "the Permittee shall retain records of all monitoring information, including: all calibration and maintenance records, copies of all reports required by 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." G. Part 11, Section E (12) of the NPDES .Permit states, in part, that "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 143-215.1(1'). 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 the evaluation. 11, The Town's self -monitoring reports for the months June 2004, July 2004, and August 2005 through December 2005 revealed the following violations of the above -cited perm it monitoring requirements: (See Attachment A) MROJDWQ staff performed a compliance. evaluation inspection (CE1) at the subject facility on August 1.7, 2005. MRO/DWQ issued a Notice of Violation (NOV)/Notice of Recommendation for Enforcement (NRE) on August 25, 2005 for violations of the above -cited permit conditions. MRO/DWQ initiated a follow-up compliance sampling inspection (CSI) on December 8,.2005, and found continuing violations of the a.bove-cited permit conditions. MRO/DWQ issued a Notice of Deficiency (NOD) on December 19, 2005. MRO/DWQ performed a. follow-up inspection on March 7, 2006, that again revealed continuing violations of the., above -cited perrnit conditions: (See Attachment A) The Town's prior record of compliance with programs over which the Environmental. Management Commission has regulatory authority is as follows: A civil penalty (Case No. 1N-2006-0443) of $1.85.04 was assessed on November 18, 2005 for a violation of permitted fecal coliform limit. The penalty has not been paid. A civil penalty (Case No. ER-2005-0013) of $600.00 was assessed on May 1.0, 2005 for the failures to submit the August and September 2004 DMRs, The Town's remission request was denied on September 13, 2005 and the penalty was paid in full on September 29., 2005. The Town has been issued three NOVs for limit and/or monitoring violations from A.ugust. 21, 2002 through January 13, 2005. In addition. DWQ/MRO has issued three NOVs, one NOV/NRE, and a NOD for the last five compliance evaluation/sampling inspections conducted between May1.4, 2002.through December 8, 2005. The costs to the State of the investigation and enforcement procedures in this matter totaled $433.04. Based upon the. above Findings of Fact, 1 make the following: Town of High,Shoals/State Street WWTP Findings and Decisions Page Three H. CONCLUSIONS 0.F LAW: The Town is a "person" within the meaning of G.S. 143-215,6A pursuant to G.S. 1.43-212(4). 13. NPDES Permit No. NC0072940 is required by G.S. 143-215.1. C. The monitoring requirements and the conditions within the subject permit regarding proper operation and maintenance, records retention, and preparation/dissemination of annual performance reports are terms, conditions, or requirements of said permit. D. The Town violated G.S. 143-215.1 and 'NPDES Permit NC0072940 on seven (7) occasions during the months of June 2004 through September 2004, in the manner and to the extent described in Attachment A, by failing to monitor the effluent for flow. E. The Town violated G.S. 143-215.1 and NPDES Permit 'NC0072940 on three (3) occasions during the months of June 2004. and July 2004, in the manner and to the extent described in Attachment A, by failing to monitor the effluent for temperature. F. The Town violated G.S. 143-215.1 and NPDES Permit NC0072940 on twenty- three (23) occasions during the months ofJune 2004, July 2004, and August 2005 through December 2005, in the manner and to the extent described in Attachment A, by failing to monitor the effluent for TRC. G. The Town violated G.S. 143-215.1 and NPDES Permit No. NC0072940 on two (2) occasions as noted during the inspections conducted on August 17, 2005, and March 7, 2006, in the manner and to the extent described in Attachment A, by failing to retain documentation required by the permit, H. The Town violated G.S. 143-215.1 and NPDES Permi.t No. NC0072940 on two (2) occasions as noted during the inspections conducted on August 1.7, 2005 and. December 8, 2005, in the manner and to the extent described in Attachment B, by failing to provide the proper operation and maintenance at the wastewater treatment facility. The 'Town violated G.S. and NPDES Permit NC0024155 on two (2) occasions for the years of 2004 and 2005, by failing to prepare, submit, and disseminate the annual performance reports. A civil penalty may be assessed in accordance with the - established by G.S. 143-215.6A(a)(2). K. The State's enforcement costs in this matter may be assessed against the pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8). Town of High Shoals/State Street WINTP Findings and Decisions Page Four L, The Director of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this tnatter. Based upon the above Findings of Fact and Conclusions of Law, I make the following HE DECISION: Accordingly, the -fowl). is hereby assessed a civil penalty of For of seven (7) failures to monitor for effluent flow in violation of G.S. 143-215.1 and NPDES Permit No. NC0072940 for the months of June 2004 through September 2004, For of three (3) failures to monitor for effluent temperature in violation of GS. 143215.1 and NPDES Permit No. NC00-72940 for the months of June 2004 and July 2004. For of twenty-three (23) failures to monitor for effluent total residual chlorine in violation of (4.S. 143-215.1 and NPDES Permit No. 'NC0072940 for the months of June 2004, July 2004, and August 2005 through December 2005. For of two (2) violations of (1 S. 143-215.1 and Part II, Section C(2) of NI71)ES Perrnit No. NC0072940, by failing to properly operate and maintain the wastewater treatment facility as observed by DWQ staff on August 1 7„ 2005 and December 8, 2005, For of two (2) violations of (i.S. 143-215.1 and Part 11. Section D(6) of NFDES Permit No, NC0072940, for the failures to retain the perntit required documentation as observed by DINQ staff on August 17, 2005 and March 7, 2006. For of 'MO (2) violations of G.S. 143-215,1 and Part II, Section F(12) of NFDES Permit No, NC0072940, by failing to prepare, submit, and disseminate an annual performance report for the years 2004 and 2005. Enforcement costs. TOTAL CIVIL PENALTY oven of ih,hoals/tate Street '181TP Findings and Decisions Page Five (4) (5) (t) (7) Pursuant to Q.T.S. 143 - i 5.t lc), in deter' ing the amount of the penalty 1 have taken account the Findings of pact and Conclusions of Law v and the factors set forth in G.S. 1 B- 1( ),, wlick are: 1 he degree and extentof harm to the natural resources ohe State, tc the public health, or to private property resultingfrom the iolations; The duration and gravity of the violations; The effect on ground or surface Water quantity° or duality car on air° quality; The cost of rectifying the damage; The amount of money Whether the violations The prior record of the va eh the Environmental flrt cost to the State ot (Date) ed by none committed willfully Or ntrona3 complying or: failing to comply ana,getnent Commission has re enforcement procedures, � . Klimek, l',1 ., Direct t Divon o " atet Quality h programs over and ATTACHMENT A at"l-li h Shoaate Street fix' TIC NPDES Number IC007240 Monitt nis Monitoring Sample Number of Par .meter 'ee (s) FFrequency Location Viola pns l lcr * '30./04 -- 7/3/04 weekly 7/1 /Il4 -- 7/24/04 8/29/04 /4/ 4 Terzrperature 6, 20/04 — 7/ /04' rnrarrthly 7^`1 /04-7+"243`04 l 1TRC 6I6/04 — 6/1 /04 t icelweel p TC — Total Re, F FI•Iluent 6/13/04 — ,/ 19 04 620/ 4-- 261 4 6/27/04 — 7/2RE04 7/ 1 /04 _- 7/24'04 2/0 i /4/05 per week) dual Total: Part II Section D(i)'Recc rd Retention Violations Compliance Evaluation Inspectionperformed on \.ugr. st l7, 2005 The Town failed to ret .in ORC vis tation /naintenanue activities (ee ral weeks} in Jule and July 04. 1"lie calibration and supportit on -site meld analysis data (s =eral pees during the months ral' June 04 through epterher 04, 1 olltaw-u In The Town red on M rch 7006. ember 05 DMR and all support] rg laboratory doe laboratory analyses, etc.h Inc tn haiu cal`cust y ATTACft\IENT B "fown of High Shoals/State. Street WWTP NPDES Number NC0072940 Part Section C(2)/Operation & Maintenance "Violations Compliance Evaluation Inspection performed on August 17, 2005: The filter beds were in poor condition and needed extensive maintenance. - Excessive vegetation was observed in three of the four filter beds. - Excessive solids/debris (that needed removal) were observed on one of the filter beds„ - The sand in several areas throughout the filter beds appeared "spent" (bound with solids) and needed replacement. - The siphon system in One of the septic tank trains was not operational. Note: The ()RC was pumping the wastewater to the dosing chamber of the second septic tank train for continued treatment. - The interior baffle wall of this septic tank (utilized to contain floatable debris) was leaking int the dosing chamber due to severe deterioration. jaflceSaTfl1iflgJnspet1onperforrnedon December 8, 2005: The leaking baffle wall in the septic tank had not been repaired. - 'Me Town had not initiated efforts to replace the "spent" sand :in the filter beds. "Hie effluent fecal eoli form samples were being collected in an unsterilized container (bucket). The Town analyzed and reported invalid effluent total residual chlorine (TRC) results from August 22, 2005 through December 4, 2005 (1.5 total violations). Note: The Town's field laboratory° certification. (45130) was decertified. (effective August 22, 2005). The Town was required to utilize a certified laboratory to perform all on -site field analyses. The Town contracted a certified laboratory (K & W Labs) to perform only once a week diluent TRC sampling (twice per week„required). DI" 'I:SION OF WATER QUALITY ENFORCEMENT CASE ASSESSMENT FACTORS Type: (PC) Permit Condition Violations Violator: Town of High Shoals Address: Post Office Box 6 High Shoals, North Carolina 28077 Registered Agent: The Honorable Dennis F. Gilbert, Mayor Address: Post Office Fox 6 High Shoals, North Carolina 28077 Facility: State Street iV G "13 NPDES Permit. No, NC0072940 Regional Office: `l'he degree and extent of harm to the natural resources of the or to private property resulting from the violations: Sta to the ublic No harm has been Measured or documented; however, the failure to properly operate and maintain the facility could result (via effluent limit violations) in water quality standard violations or degradation of the receiving stream. The duration and gravity of the violations: The monitoring violations occurred during the period June 2004 through September 2004. The compliance evaluationlsampl.ing inspections were performed on August I7, 2005, December 8, 2005, and March. 7, 2006, whereby permit condition violations were noted. The effect on ground or surface water quantity or quality or on air• quality: No adverse effects have been documented. 4. The cost of rectifying the damage: No envirornnent .1 damage has been established.. 5. The amount of money saved by noneonnpliance: None documented; however, the Town has saved money by failing to properly maintain and operate the wastewater treatment system. Town of High Shoals/State Street WWTP Assessment Factors Page Two 6, Whetherthe violations were committcd willfully or intentionally: There is no evidence to suggest that the violations were corm -tinted intentionally; however, the DWQ/MR0 staff rnet with the Mayor, a council member, and the ORC on September 15, 2005 following the issuance of the NOV/NRE inspection report dated August 25, 2005. The Town's representative assured the DM/Q/M.RO staff that the violations associated with the retention of records and the wastewater treatment plant maintenance/repairs would be corrected. The inspections conducted on August 17, 2005, December 8. 2005, and March 7, 2006 revealed that the problems continued to exist. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental NIanagement Cornrnission has regulatory authority A civil penalty (Case No. TV-2006-0443) of $1.85,04 was assessed on November 18, 2005 for a violation of permitted fecal coliform limit. The penalty has not been paid. A civil penalty (Case No, 1,R-2005-0013) of $600.00 was assessed on May 10, 2005 for the failures to submit the August and September 2004 DMR.s. The Town's remission request was denied on September 13, 2005 and the. penalty was paid in full on September 29, 2005. The Town has been issued three NOVs .for limit and/or monitoring violations from August 21, 2002 through January 13, 2005. In addition, DWQ/MR() has issued three NOVs, one NOV/NRE, and a NOD for the last five compliance evaluationlsampling inspections conducted between May 1.4, 2002 through December 8, 2005. 8. The cost to the State of the enforcement procedures: Central Office Review and Processing 16,0 hours by investigator for investigating and drafting report /i//: S17.38/hour 1.0 hour for Supervisory review (i), $39.96/hour 1.0 hour for clerical support (1/.: $15.001hour = 5100.00 $1..' /8.08 = $ 39.96 S 15.00 TOTAL — 5433.04 9. Type of violator and general nature of business individual vs. large corporation) The Town is an incorporated municipality. 10. Violator's degree of cooperation (including efforts to prevent or restore) oor recalcitrance: The Town has not followed through with its assurance to correct problems related to its wastewater treatment system. gh Shoals/State Street Assessment Factors Page Three %VIP 1 1 1itigating ".ircurn t incest. The Ton has been a chronic violator of the conditions of its NPDES Permit No. NC0072940. The To `n has been cited in inspection reports and meetings, and NOVs of irn roper operation & maintenance (O&M) and failures to retain required docurnentation, Several civil penalties attributed to the lack of operation and maintenance (limit violations) and documentation retention 1:1R submittals) have been assessed. D Q/MRu has met with Town staff on several occasions to discuss the Town's noncompliance and their corrective actions. D Q MRO has attempted to work with the Town to obtain _compliance with their Permit; however, the ?Town has failed to maintain compliance. "actors: a, T eceiv ig Stream, South Fork b.. Copy ofPermit it act DMRs: Attached tha Tier, 4�v'S-IV at Pages. Attached f th Stag C RTIFICATION AGE I certify`' that the i t tic a i this report is true to the best of rny knowledge. All violations 1 Rr c nitorin , data (if applicable) have been verified by hard copy r vie of the monthly reports and the appropriate permit, Signature of Principle Investigator( s Date: e° aBeli, n°irtet cch I' Pictures taken by DWQ/NIRO staff on 1,2/812005 at the Town of High Shoals/State Street WWIP. Note thc in heds. s/debris entl nccded On le" 1.41.1';"' • -,r Note the -spent" sand on the filter bed and the piping system utiiized by the ORC to divert all wastewater to one dosing chamber due to the chronic problems associated with the second train's siphon system, TP (1..'�p ceded (solids remova. -fr High Sho hle Dennis Gilbert, eta of High Shoals Box a ; North Carolina 2 77 Dear fa or Csilbe cl ss a c.py rrf tlroc(',7,0dp eJn l.)ecet•aaher « , 20t) : b 1 ' 1)ecernhr" 1 , 2005 girth Caroh1/4s ? partrt ero o Subject; : Notice of lei he efflnen the clr;l"ILier`; In respon lost aaplira ; s"gill be fcrr\varcle pliance Sarnplmg liaslr coon State Street 1 R) S; Perrrait No, NC0072940 Gaston Count, arnl lint lnsla ctican Report tier tla� inspeetio ss F ell ea leis ffiice. lale.ras advise tlae fay; Ian, for earring a eolpy, of tlae ezacl°Seci report io c1 to )e)rr•under sep rate letter. rested that aBritten resp erase be sarl>rra Beal to this Of ad in the SunuparyiRecord Keeping, and fmie address your comments to the rmtttrmtion of lz`. R. ecia no he sellr-e\planate+ Sincerely, ) Re: Cileasr a -art:ld yoar ha\ 7049 663-169 . anQ 1 r)� `), 2t)tit , addre,ssing aphisg Sections of the report had l r idt, ernart. questions canoertainp this Surface Water Prot coon Regional ; uper\°isor Kid: 1/4. P. E , ire for c cancluc:terl at EPA United Sates Enveormemaf. Pratechon Agency Washolgton, OcC, 2C4B30 ater Compliance Inspection Repo ion A: National Data System Coding (i e., PCS) Form Approved OMB No 2040-0057 Approval expires 8-31-98 21 Transaction Code 2 Li NPDES Nr0072940 121 yrimoiday 05/12/08 Remarks j 17 Inspection Type 181 SI Inspector Fac Type 19 20 inspection Work Days Facility Self-Monitonng Evaluation Rating 81 OA --Reserved-- 1, 5 701 31 1 72H LLJ74 751 I Section B Facility Data J Name and Location of Facility inspected (Far Industrial Users discharging lo POTW, also include POTW name and NPDES permit Number) State Street_ WWTB State St High Shcala NC 'll7 Entry Tirne/Date 10:58 AM 05/12/0E Permit Effective Date 0 5 /08 /01 Exit Time/Dale lid 37 AM 05/12/Oa ermit Expiration Date 1 0 /07131 Name(s) of Onsite Representative(s)/Tilles(s)/Prione and Fax Number(s) 'Bennis Glibrt//704-735-1651 / Joseph R, Co te/OR7/B04-827-5136/ Name, Address of Responsible Officialaitle/FThme and Fax Number ahtaded Dennis Gilbert, PO. 5ox 6 High S he,1 is NB 2807.7/Maypr/704-735-165 1 Ye5 Ocr Far1t Data Soction C, Areas Evakiaterj Durrng Inspection (Check nly those ireas e a ated Permit • Self-Monito n Program • Laboratory Section [3 Sun Flow Measurement •Operations & Maintenance ludge Handling Disposal Finchn /Cor (See attachment summary) Records/Reports Facility. Site Review III Effluent/Receiving Waters Attach ddrt ee;narrative and checktis Name(s) and Signature(s) cif Inspeclor(s) Wesley N Bet i Agency/Office/Phone and Fax Numbers MR0 W3/B701-663-1699 Ext,23Le Signature of Management 0 A Re.7&lwer AgencylofficetPhone and Fax Numbers Richard M Bridgeman MR0 WQ//704-663-1699 Ext.264/ Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete, Page # onD Summary of Findin /Co RECORD KEEPING SECTiON crant'd: OMRs were reviewed for the period from June 05 through September 05, A. Fecal Coliform weekly average effluent limit violation was reported for July 9 5; an NOV/civil penalty assessment was issued, No influent BOD and TSR were reported for the entire month of July 05. An amended DMR will be resubmitted for these transcription errors. K & W Laboratories was contracted to perform all field analyses following the Cityis field laboratory decertification in 8/0 5; however, the contracted laboratory only performed weekly field sampling events for pH; TRC, and temperature. The remaining effluent TRC values were performed by the City"s r RC. Please be advised that all effluent analyses rrroast be performedby a certified laboratory; therefore, the TRC values conducted in 9/05 by the GRC will be considered invalid data. The ORC had improved the retention of the required records for this facility; however, not all required documentation was available for review at the time of the inspection. The ORC and staff should continue to collect and properly organize all documentation required by the Permit for a period of three years (maintenance and ORC logs) and five years tall laboratory data and sludge records), c Attach adda. s of narra eheckhsts as necessary) Pace Permit: NC007.2940 Owner - Facility: State Street VANTP Inspection Date: 12108/2005 nspec tion Type: Somcaance Sampling Operations & Maintenance Is the plant generally clean with acceptable housekeeping') Yes No NA NE 0 0 Does the facility analyze process control parameters for ex: MOSS, NICHT, Settleable Solids, pH, DO„ Sludge 00n0 Judge, and other that are applicable? Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less) Has the permittee submitted a new applications 0 0 0 Is the facility as described in the permitn n 0 # Are there any special conditions for the permit? 0 0 is access to the plant site restricted to the general public7 M 0 0 ri is the inspector granted access to all areas for inspecton? 0 0 0 Comment: The facility has a total of four distribution boxes (circular) Record Keeping Are records kept and maintained as required by the permit? is all required information readily available, complete and currents Are ail reCords maintained for 3 years (lab. reg required 5 years)? Are analytical' results consistent with data repoded on DMHs? is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Nei e of person per -fora -ling analyses Yes No NA NE • 0 o oo 0 0 0 O 0 0 000 Transported COCs Are DNIRs complete', do they include all permit parameters? Has the facility submitted its annual compliance report to users and DVVQ? (If the facility Is or > 5 MGR permitted flow) Do they operate 2417 with a certified operator on each shift? Is the OIRC visitation log available and current? Is the OHO certified at grade equal to or higher than the facility dassificaaons Is the backup operator certified at one grade less or greater than the facility classification? Is. a copy of the current NPDES permit available on site? n n n n nn n n n 0 Ll 0 0 ri n • C) 0 Page # Permit: NCCO72940 Owner t Facility: State Street VVWTP Inspection Date: 1u08,0u5 inspection Type: Comphance Samollog Record Keepthg Facility has copy of previous year's Annual Report on tee for review? Comment: See "Summary" Section for additional comments. Effluent Pipe snght of way to the outtaH properiy maintamed2 Are the receiving water tree of foal -II other than trace amounts and other debris? If effluent (diffuser ppes are required) are they operating property? Comment, The effluent appeared clear with no floatable solids or foam, The effluent pH, temperature, and TRC were measured at 6,10 s.u., 9.0 degrees celsius, and < 10 uy Flow Meastiretnent - Effluent Yes No NA NE oo Yos No NA NE tut., Fl 0 000n n n 0 Yes No NA NE or 0 0 Is flow meter calibrated annuafly? 0 0 0 Is the flow meter operationafl? n 0 0 Of units are separated) Does the chart recorder match the flow meter? 0 0 Comment: Effluent instantaneous flows are measured by rnultiplyind the pump rate by the pump run time, Pump Station Effluent # Is. flow meter used for reporting? Is the pump wet well free of bypass lines or structures.? Are all pumps present? Are all pumps operable? Are float controls operable? is SCADA tetemetry avaiIable and operational? auditte and visual aIarm available and operafionar? Comment: The City should incorporate safety measures at the effluent pump station to haure the ORC's safety during maintenance of the tablet dechtorination unit and the collectIon of effluent samples, De -chlorination id Type of systern ? Is the feed ratio proportional to chlorine amount el to 1)? Is. storage appropriate for cyho'er, #k de-chlonnation substance stored away from chlorine containers? COMment: Yes No NA NE to Don 11 11 n n n n n n 0 n 0 Yes No NA NE Tabtet 0 0 0 0 n n 0 ri Page # Permit:: a 0072940 40 Inspection Date -chlorination Are the tablets the proper afoe and type ablet de -chlorinators operational? Nu Per crf tubes in use? Owner - Facility: State Street V',"y sIP inspection Type: Cc pliance Sarr Rlg ag Comment Both chip n nation and dechlorination tablets were being stored inside building within their appropriately secured containers; ,Septic Tank Of pumps are used! an audible and visual a septic tank pumped on a schedule'?' Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: Due to the continued problems associated with the syphon system. the ORC has incorporated a pumping system (with Division approval) that improves the distribution of wastewater to the appropriate filter bed. The ORC indicated that the syphon system can be placed back into operation it needed. opera Yes No NA NE tt D Yes 'No NA NE Sand Fitter (Low rate) Of pumps are used) is an audible and visible alarm Present and opera is the distribution box el and watertight" la and falter sand fill e of F;cnding2 effluent re-ciroralal tls the sand filter su; a ti ratio? or e esS€ve vegetation 0 00 t Ye No NA NE n # I the sand filter effluent re csrcut ted at a -yard ratsc, (Approxenately 3 to 1) Comment: The ORC must insure the sand is evenly raked and the laterals are level' for the appropriate distribution of the wastewater, In addition, the sand must be certified at the appropriate size and dust content prior to Incorporation onto the filter beds. Laboratory. _ Are field paranieters performed by certified personne! nr latanra Are all other pararneters(excl d ng field par meters) performed Is the facility using a contract lab2 is prdper temperature set for san1ple storage (k ncu ator (Teo ai otiforrrt set to d4 5 degrees In iubat: r (BOLA) se to o 0 degrees Celsius +F'- 1 e 1 lab° tatl.0to44degrees C 0 d fi t I Yes No NA NE t 0' lot D tit 0 0 Page Permit. spection Date: Inspection Type: Comuttance aripiing aboratoty Comnient: Or -site field analyses were performed under laboratory certification 5130 however, the City was decertified by Division's Laboratory Certification Unit (OL U) it 8105 Please refer to Mr. Chet' Jhitin °s (DLCU) inspection report regarding the-City°s certification status and the on -site laboratory practices, Disinfection -Tablet Are tablet chlorinators operational' Are the tablets the proper size and type? Number of tubes in use, the levet of chlorine residual acneWaffle? Is the contact chamber free of growth, or sludge buildup° Is there chlorine residual prior to de-chlorinattora2 Contain ent and/debris was observed in the chlorine contact char tlb Influent Sarnpling is composite sari -piing flow groporlional sample collected abov° Is proper volur e ct lelect'? the. tubing clean'? Is proper temperature set for sari?pie storage (kept at t.0 to 4.4 degrees Col is s npiing performed a ng to the per t Comment: Effluent Somptinl posite sampling flo proportional` is sample collected below all treabnent un Is proper volume collected` is the tubong clean? Is proper temperature foie storage (kept t 1.0 to 4.4 degrees cei the y sampling performed asrequiredby the permit (frequency. sampling type representative)^ Yes No NA NE Yes No NA NE • o N 000 l o anon Comment: The CRC was utilizing an unsterilized container 5-Callon bucket) to collect fecal collfornl samples. Fecal coliforn"l sari -pies must be collected into either a sterilized container or directly into the fecal noliform sample container, See " urnr"naryll rd Keeping"' Section for additional comments Yes No NA NE ONO nO I,` "1 D n o o Yes No NA NE El OONO hl DOND Page COTE City of Rg.1 PO Box 704-735-1651 High Shoals, N 7 ideaainer PC The L1s Ube re b'i G " Labs pelfor°ira "1"R. ; pH and Te testing tatat t�ae baa � Shoal Saa ua € taa aaa era actor 1ae paper T,Nrk pry' avo Ray "s Septic the ae year it is very di cta3t t pia Shoals line order and. re be rrsksat t�la�t 'Iutlaaa t s Bell found aS, pies yeas ka the }' clue a + raa please Rt. Cote, Jr, spec Paper list in' e battle: trt a7 S-16 (ark, nt be ftratd contact chamh dasFL Otat all id aeStiiy .o aaic; t over tine ed s al e tar e City art -14gb d t COVE SHEET Joseph Cote Jr PO Box d Shoals, s, 77" umber r 70 73 .165 amber 704.735,5595 off. 1 ding cower; rffigeman Officelog High Shoats NIC h u be 7 -735-1 5 rw did pact recs w tlr Stet t w t plan report until W sBell sadI could have an extra wee on th t r spans .. Michael F. Easley, Gov Witliam C..5 Ross Jr., Secretary Norili Carolina Department cif Environment and iNatura.1 Resources Alan W Khrnek, P. E. Director Dhvision c Water Quality August 25,, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 6634 The Honorable Dennis Gilbert, Mayor Town of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection State Street WWTP NPDES Permit No. NC0072940 Gaston County, N.C. Tracking #: NOV-2005-PC-0201 Dear Mayor Gilbert: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on August 17, 2005 by Mr. Wes Bell of this Office, Please advise the facility's Operator - in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. This report is being issued as a Notice of Violation (NOV) and Notice of Recommendation for Enforcement (NRE) due to the limit and monitoring violations and the failures to provide the proper operation and maintenance in violation of the subject NPDES Peiiiiit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the and Summary/Record Keeping, Summary/Effluent Sampling, Septic Tank, and Sand Filter (Low Rate) Sections of the attached report. Pursuant to (....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. 143-2151. lt is requested that a written response be submitted to this Office by September 14. 2005, addressing the deficiencies noted in the Operation & Maintenance, Septic Tank, Sand Filter (Low Rate), Summary/Record Keeping, and Summary/Effluent Sampling Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. A meeting is requested with you to discuss the issues noted in the inspection reports for your three NPDES permitted facilities. Please advise if September 15, 2005, at 10:00 A.M. is suitable. If not, please contact this office to reschedule the meeting. On, NtH",fiCard.ina Nab/11'711y rSrA 4.411' NC bEbR C Division of Water Quah Mooresville Regional Office, 610 E Center Ave. Saute 301 Mooresville NC 28115 (04) 663.i 1699 Customer Service. L877-673-6748 Mayor Dennis Gilbert Page Two August 25, 2005 This letter is also to advise you that this Office is considering sending a recommendation for enforcement action to the Director of the Division of Water Quality for the continued violations (failings to provide proper operation and maintenance) of G.S. l 3- 1 .l (a) and NPDES Permit No. NC0072940. If you have an explanation for the violations that you wish to present, please include it in the requested response. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director along with the enforcement package for his conside on. The report should be self=ecpl. .tory; however, should you have any questions concerning this repo please do not hesitate to contact Mr. Bell or me at (704) 663-1699.. Enclosure incereely, D. Rex Gleason, p.E, Surface Water Protection Regional SuficSupervisor cc Gaston County Health Department 1 Li .21 J EPA Transaction Code 2 Li I United SWes Erwrionrnentel Protection Aency WashIngion. C),C 20460 NPDES NC0072940 1 11 12 1 ystem CodingP yrrmoiday C5/05/17 I 17 I I III III III I Inspection Work Days Fadlity Sett -Monitoring Evaluation Rating 81 67 1.5 j 69 70 71L Section E3: FacUty Data QA 72 N Form Approved MS No, 2040-0057 Approval expires B-31-98 Inspection Type Inspector 18 LL.- 19 Li_ LI I I Fec Type 20 ia 166 Reserved 731 1 1 74 " .111 111. 0 Name and Location of Facility Inspected (For Industrial Users discharging to POTVV, also include POTW name and NPDES permit Number) State Street. WWTP State St High Shoals NC 24,277 Name(s) of Onsqe Representativ Phone and Fax Number(s) Joseph. R. Cote/0RC/704-927-583S/ Name, Address of Responsible Official/Title/Phone and Fax Number j)enuis Gilbert,P0 Bcx 6, High Shoals NC 28007/May/704-735-1651/ Section C: Areas Evaluated During inspe Permit • Self -Monitoring Program • LabOratory Flow Measurement Entry Time/Date 1:26 PM 05/0B/17 05/06/01 xlt Time/Dale 2:10 PM 05/06/10 Permit Expiration Date 10/07/n Other Facility Data Contacted No evaluated Operations & Maintenance Records/Reports 11 Sludge Handling Disposal •Facility Site Review of Findin 'C ents (Attacti additional sh (See attachment summary) uentlReceiving Waters d checklists necessa Name(s) and Signature(s) of Inspector(s) Wesley N 14/2_ IZA0 Agency/Office/Phone and Fax ,Numbers Date MRS W:2//704-653-15l09 Ext,231/ '31,,25,/c5 Signature of Management 0. A Reviewer Agency/Office/Phone and Fax Numbers Date Rittnard M Bridger:ac 004-643-1629 Isms 264: EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. SUMMARY RECQRD KEEPING conVd: Self -monitoring reports were reviewed for the period June 04 through May 05, inclusive. Weekly average effluent fecal coliform violation was reported for the week of 8/16/04 - 8/20/04. The records were not organized and several months of the field sampling data could not be located. The Peimit requires that all monitoring infonnation (including calibration and maintenance records) be kept on file for a period of three years. No system performance annual report for 2004 (fiscal or calender year) was performed by the permittee as required by N.C.G.S. 143-215.1C. In addition, the facility staff have failed to document the treatment plant's removal efficiencies (BOD and TSR) onto the DIVIRs as requested in the previous inspection report dated September 3, 2004, The ORC was incorrectly rounding effluent values. In addition, the "less than" values were not being properly calculated in determining the monthly average values. The current ORC (as of September 04) has improved the facility's overall self -monitoring program. EFFLUENT SAMPLING cont'd: Numerous monitoring violations were noted during the review period. No flow was reported for June 04 and the weeks of 6/28/04 - 7/2/04, 7/19/04 - 7/23/04, and 8/30/04 - 9/3/04. No effluent temperature was reported for the weeks of 6/21/04-6125/04, 6/28/04 - 7/2/04 and 7/19/04 - 7/23/04. No effluent TRC values were reported the weeks of 6/21/04 - 6/25/04, 6/28/04 - 7/2/04, and 7/19/04 - 7/23/04. Only one TRC value (twice per week required) was reported for the weeks of 6/7/04 - 6/11/04 and 6/14/04 - 6/18/04. The 10-day interval between the collection of the twice per month samples (130D, TSR, and fecal coliform) was not adhered to for July 04 (BOD and TSR only) and September 04. Note: The BOD and TSR samples include both influent and effluent samples. No pemiittee signature page were submitted for August 04. Amended DMRs should be resubmitted if any of the above -noted discrepancies were transcription errors. A copy of the field sampling data verifying the transcription error (if any) should be submitted to this office for review prior to any submittal of amended D.M-Rs. The noncompliant box was not appropriately checked for June 04, July 04, and September 04. If e facility failed to meet any permit limits andlor monitoring frequencies, then the noncompliant box should be checked with the corrective actions documented in the comments section. No ORC and/or Backup ORC visitation was documented for the weeks of 6/21/04-6/25/04, 6/28/04 - 7/2/04 and 7/19/04 - 7/23/04. The ORC did not sign the June 04 DMR. The documentation at the top of the .DMR-1. effluent form was not completed properly for August 04. The influent sample times for BOD and TSR were not documented for the entire review period except July 04. The ORC and permittee must ensure all DMRs are accurate and complete prior to submittal to the Division. It is the perm.ittee's overall responsibility toensure all monitoring information is properly documented and retained according to the requirements of the permit and supporting regulations. SEE AI 1.ACHED CHECKLIST O 0 ODD Liz 00 OD 00 DO O 0 0 0' 0 0 0 0 0 0 O 0 0 O 0 Yes Nn NA NF Comment;, The interior wall of one of the septic tanks was severely deteriorated, The settling chamber was leaking through this deteriorated wall end into the dosing chamber,. The syphon system in this septic tank was not operational, The ORC was pumping the influent into the dosing tank of the second septic tank, and Filters (I ow rota) (It pumps are used) Is an audible and vCie alarm Present and operational? Is the distribution box level and waterlirdht? Is sand filter free of pending? is the sand filter effluent re-circutated at a valid ralir:> Is the sand filter surface free of algae or excessive vegetation? Is the sand filter effluent re -circulated at a sand ratio? (Approximately 3 to 1) Comment; excessive vegetation was observed in three of the four filter beds. Solids had not been removed from one of the filter beds. The filter beds were in poor condition and needed extensive maintenance. In addition, this office questions the underflow drainage system (of the filter beds) due to the sand accumulations continually observated In the contact chamber and effluent, ❑ ❑ ■ ❑ D ❑ ❑ ■ 01100 ❑ © ■ D • ■ ❑ D ! D 1 ahoratory Yos Nn NA NF Are field parameters performed by certified personnel or laboratory? ■ 0 ❑ 0 Are all other parameters(excludinq field parameters) performed by a certified lab? ■ ❑ © ❑ Is the facility using a contract lab? •❑ 0 0 Is proper temperature set for sample storage (kept at 1.0 to 4.4 degrees 3elsrus)' 0 0 1 ❑ D ❑ ■ ❑ incubator (Fecal Conform) set to 44.5 degrees Celsius*f- 0.2 degrees? incubator (EIOD) set Ire 20.0 degrees Celsius 41- 1.0 degrees? 0 0 ■ 0 Comment: Can -site field analyses are performed under laboratory certification #5130. Please refer to Mr. Chet 4''v"hiting's (Division's Laboratory Certification Unit) inspection report regarding the facility's laboratory practices, Itnw Mea5ufernent- Influent Yes Nn NA NF_ Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? ❑ ■ D ❑ D ■ ❑ 01110 (If units are separated) Does the chart recorder match the flow meter? 0 0 ■ ❑ Comment: Instantaneous Flows are measured by a dose counter, The ORC indicated that the dose counter was not a reliable flow measuring device. The ORC should utilize the pump flow rates and run tunes (at the effluent pump station) for future flow measurements. nrditin Yes No NA NF Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab, reg. required 5 years)? Are analytical results consistent with data reperte.d on DMRs? Is the chain-af•custody complete? Dates, times and location rM sampling Name of individual performing the sampling Results of analysis. and calibration Dates, of analysis Name of person performing analyses Transported COCs Are DMRs complete do they include all pert st gara eter5? D ■ ❑ ❑ ❑ ■ ❑ 0 D • ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ D ■ 1 ❑ ■ D Has the facility sutmitled its annual compliance report to users and OWL)? 0 • 0 0 (If the facility is. = or . MG© permitted flow) Der ih y operate 2417t with c-3 certified operator no each shift? 0 ❑ ■ 0 Is the ORC visitation toll available and current' • 0 0 0 Is the ORC °edified at grade equal to or higher than the facility classilicattan? • .0 ❑ 0 rd.KeRriinsi r backup op e n ar c rlorec9 al c rre qr t Ir s o areal r than Ire f copy of the current NPDFS permit av^altable d ility has copy of rev ios year's Annur i Report on file tos reviev^? ment: See "Summary' erection for additio t comments. influent Sarnitn Is ct mpos to sampling flow proporlaonal'' s sample collected above side strearnsy Is proper volume collected? Is the tubing clean? Is proper temperature set for sample slora e (kept at 1 fi [ra 4 4 de npiing pertomted"according to the permit? Comment i ssaficattony is composite arrapiing fio propoolsonaP Is sample collected below ait trerrtmentu s proper volume roPect :d? tubing clean" is proper temperature s Is the facility sampling performed as re Comment. See Summary Section for: rtt Pjpe is right of way to 0 e peat#all property tnair larr,eri? Are the receeving water free of foam other t if effluent (diffuser popes are required) ors th Comment: The effluent appeared slightly turgid The ORC and staff must ensure the cattail loaatron s) d 4.4 degrees Celsetssi`1' ee4uero;.,r: sty nptirrg lyre repso.sent< ocfrls err a attar rtebras'? g properly" uspend'ed solids and ssible at a as absenred: Yes Nei NA NF -__ 0 N ID 0 ID Yes No NA NF C 01 Yes No NA NF _.:. i0.... 0 0 * 0 0 Ye . No is.t.et Ni ❑ 0 El 0 MAYOR Dennis F. Gilbert 2005 NCL)E-NR Div `water Quality 610 E. Center Ave Mooresville, NC 2 sent in. Ste 301 Bridgernan The records are now era sent t Chet Whit ing y sta.an performance report copy is Includecl with this letter„ the original has been. OF HI SHOALS Post Office Box 6 Shoals, NC 2807 (704) } 35-1 Ei51 (704) 735- 95 8 P 1 2005 I`lae: The The The sa ad beet ha readsheet has been adshE et has been nil tinges are recor d titer ra gadded t.ca trlca I MRs inged to show removal efficiencies. changed to show ungrcundei numbers, changed to show "less than'' cgs recluarec it.d on the lab chain of custody. The data for the period that Eric time. if rirare data is found an amended. Eric Owens was CRC at that ti ter Eric had left the City of I-Iit )MR. amp between the plants and the out.tailr give l:ef re ern inspection I to the out. canoe to r s please calime. at 74- 'opies as ORC is as corrapieteas possible at this be sent, in. R that he did not fill cut., rotas f"ile.cl swst,zt and Shoals Because Eric was ORO at that time no one bout would be requ hould. be able to bor d to get The City' of Iltgh Alt als does not. discriminate an the I <asa.s of race; color, l origin sex, reli 8+=1 g or C 1 abilit..' in. krall lti) "n" e t or the provision of service. 2005 'I Y Poid, HighShe' Phone: Fax: )%11T] C is recs. C' 22'8t1 6 x1 r is are /tow betn tta Clint xa I hx 1114. 4l)r.aac1 h t h a 1 Thee!. 1T Weldhattlitthitta.t lto.a. l) hastb lla=nxaTlaltaaall t.irsaea to '& k t9 tat h c;tal} xa sdose hta tibe . ° batilt htte nee n tll�; ea Et Ed trc att th• e 1. OAT 'Box L.J (' 2:807777. ntnent .tl lax the Ifs et, inducted a.WTaila this lcatttar, tht c ri . l tt dal t. a t.h c: 1)la:l l , Ta> za has xt a.htt l t E.1nthe Otitbe i ed 1MR. it a time; the TYKE,. t.la,.t 1tringheShoald Behan sl c a tt�a raaatxt al aaatxxa1 rz • hart" a 1 b (than of /tit eon( rtatl. 1)atat iaa. trxl lets. t`s Ica sta1)1e. t than e c) Pt= and se he Ca' Since eph: l".Lt alu r M gT°her a mamp betwee the plantse eiae lent time is, given before an inspection ,ach the auttt.T . a h � e any guts t r a"pit < -- a1T rs e a , 70.4c4 "h C` t fi ` hoal be cbt 1 .ri aaz -or ds; 1 ils`t ia:..nc alevr ent the t r v� i TTT .requiredio g Septe her 12, 2005 System Performance Annual Repo 1617 Mail Services Center Raleigh, NC. 27699-1617 Dear Sir or Madam: Thanks Jo. ph R. Cote I ded with this letter. It is f r the year 2004, The City ofHigh Shoals wastewater pl t State Street N 00 2 40. Currant ORC Joseph R. Cote Jr, started with the City of High Shoals September 1 ,2004 Backup ORC is Eric Dines, Robert Ballard was ORC but was terminated on .. Eric Dames filled in as ORC after Robert as terminated. During the time Eric Dines was ORC nu as violations mined, Much oftbe paper work that Eric Dines responsible can not be found, If any of paper work as found copies and amended DMRs will be sent in as required, Eric Dines was to mated on Jaazuary 3, 2005, We are cta rendoking for a new Backup OR , State Street is a tyfl-gallon per day plant. The system uses t o septic tanks and four sand fillers beds (loate) to treat flee waastewater: Norweco chlorine is used to sanitize the wwater before discharge Norww o bionutli er to rcrt cave chlnrir after a 30 minute or more contact time has passed. Sodium bi &Kauaie ire used to adjust the pH. fovea^ i recorded chanical courtiers that comet the doses applied to the filter beds, K & Labs do lab ttr wwcrr. ernptarre, retral chlorineand pal are done in house by the D...; NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor July 14, 2005 The Honorable Dennis F. Gilbert, Mayor Town of High Shoals P.Q. Box 6 High Shoals, North Carolina 28077 William G. Ross, Jr, Secretary Alan W. Klimek, P.E.; Director._ Subject: Issuance of NPDES Permit NC0072 State Street W Gaston County Dear Mayor Gilbert: JUL Division personnel have reviewed and approved your application for renewat 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 permit includes no major changes from the draft permit sent to you on February 10, 2005. 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 27699-6.714). 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 re'issuance 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 Bab Guerra at telephone number (919) 733-5083, extension 539. Sincerely, riiGI; AL SIGNED BY USAW .; . IIMLSQ Alan W. Klimek, P.E, cc: Central Files Mooresville Regional Office / Surface Water Protection NPDES Unit 1617' Maio e ice rwen9er„ aPata h, P� sn9t� rnllna '27699-1617 512 N. Salisbury St., Ralegh, North Baroli 27604 Phone: 919-733-70'05 ! FAX 919-733-2496 ! Internet,. h2o_enr_srare.nc.us An Equal, Opp©rtunatyrA,r rrnatsve trorr En pioyer — 50% Recycled/"10% P st scr r s Paper One N orTth C arolna ,VatiiraIff j • Permit NC0072940 STATE OF NO H C *OLINA DEPARThIENT OF ENVIRONMENT AND NATURAL SOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHeNRGE ELIMINATION SYSTEM In eompIL-ince urith the provision of North Carolina General Statute 143-215„1, other lawful standards and regulations promulgated arid adopted by the North Carolina Environinental Management Commission, and the Federal Water Pollution Control Act, as amended, City of High Shoals is hereby authorized to discharge 'wastewater from a facility located at the City of igh Sho• s tate Street TP h Sho • s Gaston County to receitling waters designated as the South Fork Catawba River in the Clatauta River Basin ill accordance Vkrith effluent, limitations, rnoratoring requirements, and other conditions set forth in Parts 1, II, III and nr hereof'. This permit shall become effective August 1, 2005. This permit and authorization to discharge shall expire at nudnl4ht on July 31, 2010. Signed this day July 14, 2005 IRIGNAL SUSAN A WILSON: Alan W. Klimek, P.E,, Director Dikasion of Water Quality 13y Authority of the Environmental Managenient Commission Permit NC0072940 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Perznittee is authorized to discharge from otltfall 001. Such discharges shall be limited and monitored by the Perrruttee as specified below: EFFLUENT CHARACTERISTICS BOD, 5-day (20'C)'. NH3asN Fecal Cafe, rrri g Tot& Residual Chlotine Footnotes: 1. The monthly Monthly Average MITS MONITORING REQUIREMENTS Weekly Average 0,0 mgf"L 45,0 mg.`L 400/100 rtti Daily ximum. easurement '; Sample Type Sample Location Frequency Weekly instantaneous lntCuent or Effluen 2 Month Month Monthly 2/Month 2,Week Weekly 2/Month Effiu Effluent Effluent Effluent f7uc:nt BOD5 and Total Su, p nded Solids concentrations shall not exceed 15% of the respective influc nt lue (55° removal), The pH shall not be less than 6,0 standard units nor teeter theta 9,0 standard un There shall he no discharge of floating solids or vt aam ii other- than trace amounts b. Within 120 calendar days of: Receiving notification c?t a change ira the cwl tsstlicat new OR(:: and hack -up ORC tL vacancy in the position of ORC or back-up Proper Operation find Main The W necessary to operate stin(? he Perrtatttc.e shall at all times pro��it e the oI crataon and maintenance resources neces Ince e facdtties at capr mutn efficiency. The Permiuee shall at all tames properly operate and maintain all facilities and systems of treatnt and control yrelated appurtenances;] which are instaLied or used by the Permittee to achieve compliance'sxth the conditions of this permit.. Proper operaunri and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. 'Phis provision requires the Perri -inter to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the pernnit [4O („°FR 122.11 (e..+]. stem requiring the desi€ nstti tieedto Halt or Reduce not xt Defense It shall not be a defense for a Permittee reduce the permitted activity in order to n 4. B a. b. c.>ypass t9t"kt exceeC1in The Permittee nay a. 40 CFR 122.41 ("tri t (,2)) bypass to. occur which does not cause effluent limit-au(ns tea be exce dc.c-, but only if it also is for essential maintenance to assure efficient. operation. These bypasses are not sulaiect to the Iarea isions of Paragraphs b. and c, of this section. action that it would have been necessat rc;a halt c,rz with the condition of this permit [40 CFR 122.41 Notice [40 (J (l) Antici notice, anticip (2) Unanticipated bypass. The Peru 1I, E. (i_ (24-hour notice). c. Iarol. bica an of Bypass the treatment facility a Permit tee for, bypa Bypass was unavoidable to proven "There were no feasible alternative a. 41 (m) 0)1 ass. If the Permittee knows in advance of the need IA- a bypass, day before the date ad e.ffes-t aaf the Ins t»ss all suhnu1 notice of an unanticipated bypass, including ran evaluation s as required in Part ibited and the Permit Issuing .Authority may take enforcement ss of life, per carat] tnjuar ° or severe property damage.; he btepass, such as the use of auxiliary treatment fa.cilit.ees. retention ofuntreated 'Wastes or rrrtuntenance 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 The Permittee submitted notices as required under Paragraph b, of this sccuon.. (2) l3whass trorn the cczl.lectizan system is prohibit d and the Permit Issuing clo. tit 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. The Permit Issttint; luthorita- nary approve an anticipated by-pass after c.ansiderint its adverse effects, if the. Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this sec [40 (:FR 1 "2.41 n) i(2)) An upset constitutes an affirmative dete to an action brought tear .cm compliance with such technolcay ° basted permit effluent limitations if the requirements of paragraph b- of this condition are met. No determination made during administrative revw of claims that Version 2(12l?( 3 NPDES Pcrnut .„equireinents Page 9 of .1 6 3. ,Flow!Measurerrients Appropriate flow, measurement devices md methods cons1eflF with accepted scientific pract„ices 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 Jind maintained to ensure that the accuracy of the measurements is consistent with the accepted capabiliry of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10'/0 from the true discharge rates throughout. the range of expected discharge volumes, Flow measurement devices shall be accurately calibrated at a minim" um of once per year and maintained to ensurec that the accuracy or the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location pnor 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 FAR: regulations (published pursuant to NC( 143-215.63 et. seq.), the Water and Air C„,:haality 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 CI-R. 136; or in the case of sludge use or disposal, approved under 40 CFR 136., unless otherwise specified n 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122„41], To meet the sotent of the monitoring required by this permit, all test procedures must produce minim.um detection .and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the nunimum 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 idhod with the lowest possible detection and reporting lev-eh approved method must be used, 5. Penalties for 'Tampering The Clean Water A.ct provides that any person who falsifies, ramp.ers with„ or knowingly renders inaccurate, ary monitoring .device or met:hod required to be maintained under this permit shall, upon conviction, be punished by a fine of not incite than $1,0,0C)0 per violation, or by imprisonment for not more than two years per violation, or bJ„, both, It a conviction of a F.)erson i Cor a violation committed Jifter a first conviction of such person tinder 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 requir' ed by 4-0 CFR 503)., the Permittee shall retain records of all monitoring information, including: , all calibration and maintenance records ">,;.• all oripnal strip chart recordings for continuous mot copies of all reports requir- ed in 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. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the followin,g. in f o a t ion [40 (TER I 22.41 ]: The date, exact place, and time of sampling (-Jr 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 imalyses; Version 6/20/2003 not more than 525,000 per violauo -• [40 CFR 122.44 NPDES Permit Requirements Page. 2 0 r 6 rtsuriienr for not more than two years per violation, or by both 12. Annual Performance Reports Permittees who Own or operate facilities that collect or iCat municipal or domestic waste hall provide nannual 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 qualms The report, shall be provided no later than sixty days at ter the end of the calendar or fiscal year, dependingupon which annual period Is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Perminee shall not commence construction of wastewater treatment facilities, nor add to the plant's. treatment capacity, nor change the ninth -lent process(es) utilized ar the neon-tient plant unless the Division has issued an _Authonzation 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 Permirtee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon xi:Titter) notice from the Director of the Division of Water Qualita,, conduct groundwater monitoring as nun, be required to determine the compliance of this NPI..)ES permitted facility \kith the current gaoundwater standards, Section C, Changes in Discharges of Toxic Substances The Permittee shall nonfat the Permit Issuing Authority as soon as it knows or has. reason to believe (40 CFR .122,42.',u 3, 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 followiTig "notification levels; One hundred inicrograms per liter 000 Two hundred micrograms per liter (200 1.ag/L) for acrolein and acrylonitrile; five hundred micrograms per titer (500 vig/L) for 2.4-alinitroph.enol and for 2-methy1-4,6-dinitrophenol; :And one milligram per liter mg/I) for antimony), Five times the maximum concentration value reported for that polluta •- in the permit applica: or. la (1), (2) (3) 'That; any activity has occurred or will occur which would result in any discharge, on a nonsroutineor infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest cif the following "notification levels"; (1) Five hundred micrograms per Liter (500 lag/L); (2) One milligram per liter (I for an tirnY; (3) Ten times the maxiamm concentration value reported for that polluta Section D. Evaluation of Wa Discharge Alternatives he Permittee shall evaluate all was disposal alternatives and pursue the most e 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 rilles„ regailations 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. it application. Annientally sc„iund Section Closure.„Requirementl 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 requiTe specific measures during de:activittion of thesystem to prevent Version 6/20,'2003 EFFLUE NPDES PERMIT NO NC0072940 DISC'ROE NC1 tit t C)NTH, FACILITY NAME Hick S7L'afs State S'. a, LASS COLINTY G.AST!, OPERATOR IN RESPONSIBLE CHARGE CERTIFIED LABORATORIES 1) K & VIILA,I CHECK BOX IF CRC HAS CHANGED Mal ORIGINAL, and ONE COPY to: ATTtN CENTRAL F!tE.S DkV, OF ENVIRONMENTAL MANAGEMENT DIVISION O'F WATER 62,1JALIrTY 1617 ,.'AIL SERVICE CENTER R AF EIGH, NO, 27 99-1c'' 00 Lae A EAR 2005 R. GRADE II PHONE 704-827-5836 "NG SAMPLES JOSE `H R. COTE JR, (SIGTURE OF OPERa TOR IN RESPONSIBLE CHARGE BY THIS SIGNATURE ,1 CERTIFY THAT THIS REPORT 1S ACCURATE AND COMPLETE TO THE BEST OF MY KNOVVLEt GE, 00610 31016 DATE Facility Status: ( Please Check one of the OWIr g) All monitoringdata and sampling frequencies meet. permit requirements )(XX All: monitoring data and sampling frequencies do not meet permit requirentis Comp iant Nonce if the facility is noncompliant, please comment on correctives actions being taken in respect. to equipment, operation, maintenance, ect:, and a time table for improvements to be maid: " I certify, under of law, that thts, document and all attachme.iits yer prepare.d under my direction or supervision in accordance with a System designed to assure that qualified personnel properly ,gather andevaluate the information submitted Based in my incOry of the person or persons y,iho manage the system, or those persons directlyresponsible 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 nclud.ing the possibility of fines and imprisonment for Xnowing violations," City of High Sh a Permittee Addres Dennis Gilbert Mayor Sigma. of Ferrnittee" Date HighShoals NC 28077 (704)753-1651 Phone Febuary 2010 Perrnit Exp Date 00010 Temperature 0007.6 Turbidity 00060 Color (Pt -Co) 00082 Color (ADMI!). 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Supended Residue 00545 Settleable Matter PARAMETER CO ES 00556 Olt & Grease 00951 Total Fk;oride 00600 Total Wroden 01002 Total Arsenic 00610 Ammonia Nitrogen 0C./625 Total Kielhal 01027 Cadmium Nitrogen OC.)(530 NitratesiNilrts 01032 Fiexavale,nt ChromiLrn 01034 Chromium 00665 Total Phosrphorous 0720 Cyanide 00745 Total Si_ifide 00927 Total Magnesium 00929 Total 0odrn 00940Total Chloride 0103 7 01042 Total Cobalt Copper 0104.5 iron, 01051 Lead 01067 Nickel 01077 SjIver 01.092 Zinc 01105 aluminum 01147 Total Seleiurn 31616 Fecal Coliform 32730 Total Pheniolics 34235 Benzene 34461 TORiene 35250 MBAS 3355 PCBs, 50050 Flov 50060 Total Residual Chlori,ne 71630 71900 51551 Parameter Code assistance may be obtained by calling the Water 0t.iality CompGroup al (9'19) 733-5083, exl, 581 Or 534 Formaldehyde Mercury Xylene The monthly average for fecal conform is to be reported as a GEOMET R lC mean. Use only units do 4ra1e6 n the rep facility"s permit for reportingdata., ' ORO must vrsrt facikty and document visitation of facAfly as required per 15,A NCAC 5 .C202 .(b) (5) (B) 11 '5.igned by other than the perrrHtte,F,, delegation of sigmatory a',Ahcrlty must be cyi 0e, 54th the State pel' 15A 3 INFLUNT n ) erg' NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH . rart➢ YEAR 2005 FACILITY NAME HHO Shoals State Sheet CLASS I COUNTY GASTON 11lirr NP€3ES PERMIT NO NC0072940 DISCHARGE NO 0 MONTH N FA,CLiTY NAME High Shoals State Street '4? ASS I C OI..JNTY GASTt: EFFLUEN OPERATOR IN RESPONSIBLE CHARGE ICE` F' 1 R ,"';ER iFIED LABORATORIES 1) K & `A _AB (2) NA .. CHECK BOX IF CRC HAS CHANCED PERSON COL Mail CRIKINAL ATTN: CENTRAL FILES DIV. CF ENVRONMENTAL MANAGEMENT Dt\'iSVON OF WATER QUALI" v" 1611 MAIL SERVICE CENTER RALE GH, NC. 27599-1 E 1? X AR 2CS95 R, GRADE II PHC SA%1ELES JOSEPH R. COTE. JR. 1:1- (S NATURE OF OPERATLE CHARGE) DATE BY THIS SIGNATURE , E CERTIFY THAT THIS REPORT t5 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. Facility Status: ( Please Check on of the following) Ali monitoring data and .sarnpling frequencies nneet permit reqairements All monitoring data and sampling frequencies do not meet permit requirentis Co No n comp nt If the facility is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance, ect., and a time table for improvements to be maid. We are noncompliantbecause of a mif,sunderstanding of the lab requirrnents. We are now using K & IN Labs for all field parameters., certify, under of taw, that th1s docurrent and .all attachrnents were prepared under my direction or supendision in accordance vvith a system designed to assure that qualfied 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 be information, the information submitted! is„ to the best of my knowledge and beltef, true, accurate, and complete. I am aware that there are significant par,alties for submitting false information, including the possibility of fines and imprisonment for knowing violations." City of High Shoals Po Box 6 Hi( Permittee Address Dn,uis Gilbert Mayor Peimittee (Please pri Signature of Permi Shoals NC 28077 (704)753-1651 Phone 00010 Temperature 00076 Turbidity 000E0 Color (Pt -Co) 0'13082 Color (ADMI) 00095 Conductivity 00300 Utssolved Oxygen 00..310 8O05 00340 COD 00400 pH 00530 Total Supended Res du 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride Oc.8600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia. Nitrogen 00625 'Totat Kjelhal 0-1087 Cadmium N,trogen 00530 NArate.siNitrites 01032 Hexavaten( Chrorni 01034 Chromium 00E65 Total Phosrphorous 00720 Cyanide 01037 Total Cobatt 00745 Total Suif81e 01042 Copper' 00927 Total Magnesium 00929 Total Soditirn C-1i345 I ron 00540 Total ChloPe 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum rn 01147 Total Seleturn 3.'1616 Fecal Colifcrm 3.2730 Total Phennaics 34235 Brar2ene 34451 Toftiene 38260. MBAS 39515 PCBs 50050 Flow '3- Date Febuary 2010 Perrot Exp, Date 50050 Total Residual Chlorine 71850 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may be obtained by oaknr1 the Water Quality unpli-ance 'Group at (919) 7133-5083, ext. 581 or 534 .wirtimek The montt-8y average for fecal cciifor rn i S te Lie reported a S aGEOMETRIC) mean.. Use onty tvknits designated the reporting fac0,/s permit for reporting, data. ORO must visjt facitIty and document visitation of fac0tty as rectutred per 153 NC AC 8,4 .0202 (b) (5) (B). If signed by other than the permitlee, cielegatron of signatori authority must be on, 1ile ,„vith the state, per 150 t,10:A.0 2 5oe.,(b) 8211,:01, INFLUNT NFDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH November YEAR 2005 FACILITY" NAME High Shoals State Street CLASS I COUNTY GASTON DATE r EFFLUENT PERMIT NO MC0072940 DISCHARGE NO 001 MONTH r YEAR 2,005 Y NAME f Qh. 'Shoals State Street CLASS! COUNTY GAS _ N OPERATOR IN RESPONSIBLE CHARGE (CRC) "JOSEPH R., OTE JR GRADE II PHONE. 704.827-5 CERTPFIED LABORATCRIES (1) K & W LABS_ (2) NA CHECK BOX IF CRC HAS CHANGED PERSON COLLECTING SAMPLES JOSEPH R. COTE JR. Nia4 ORIGINAL and ONE COPY La: ATTN: CENTRAL FILES DIV, OF ENVIRONMENTAL NI,ANAGEMENT EEC"',SIGN OF WATER QUALITY 161, MAIL SERV,O.E CENTER RALEI4 H, NC. 2769.Y•1E117 5C05 0 30820 01010 21.9 X (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) 8Y THIS SIGNATURE , I CERTIFY THAT THIS REPORT 15 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWL 000 00310 00610 00530 31k15 Z X w z -E ati 0 `� �1 us:' 6 F Q r, I 00 Q _g UG/L G/L Facility Status: ( Please Check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do not meetpermit requirentis Compliant Noncompliant If the facility is noncompliant, please comment on correctives actions being taken in respect to equip operation, maintenance, ect,, and a time table tor improvements to be maid ent, ' certify., under 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.. Basedon mynq. U y of the person or persons who managethe system, or those persons directly responsiblefor gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and completeam aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations," The City of High Shoe Permittee Address 00010 Temperature 00076 'Turbidity 00080 Color (Pt -Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Supended R,esidue 005.45 Settleable, Matter Dennis Gilbert, Mayor e (Please print or ty Signature of Per PO Box 6 High Shoals NC 28077 PARAMETER CODES 00556 Oil & Grease 00951 00600 Total Nitrogen 01002 00610 Ammonia Nitrogen 00625 Total Kjelhal 0'1027 Nitrogen 00630 Nitrates/Nitrites 01032 01034 00665 Total Phosrphorous 00720 Cyanide 01037 00745 Total Sulfide 01042 00927 Total Magnesi 00929 Total Sodium D0940 Total Chloride Total Fluoride Total Arsenic Cadmium Hexavalent Chromium Chromium Total Cobalt Copper 01045 Iron 01051 Lead (704) 735-1651 Phone. 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum Date July 31 2005 Permit Exp. Date 50060 Total Residual Chlorine 01147 Total Seleum 71880 Formaldehyde 31616 Fecal Coliforro 7'1900 Mercury 32730 Total Pheniolics 81551 Xytene 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may be obtained by calling the 14 aler (Duality Compliance Group at (919) 733-5083, exit 581 or 534 The monthly average for fecal colliform is to be reported as a GEOMETRIC,' mean, LI se. only units designated in the reporting facility's permit for reporting data ORC must visit faclGity and document visitation of facility as required per 15A NCAC 8A 0202 (b) cp.) (3)1: If signed by other than the permIte, delegation of signatory authority must be an file with the state per 15A. NCAC 28 .0506 (b) (2) (0) INFLUNT NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH October YEAR 2005 FACILITY NAME High Shoals State Street CLASS I COUNTY GASTON 00530 UNITS 0 5 26 Avre P nthl i 363 96.7 EFFLUENT NPDES PERMIT NO NC0072940 DISCHARGE NO 00.1 MONTH YEAR 2005 FACILITY NAME High Shoals State Street CLASS I COUNTY GA . OPER:AMR IN RESPONSIBLE CHARGE (ORC) JOSEFH R. R. GRADE PHONE 704-827-5636 CERTIFIED LABORATORIES (1) K & W LABS (2) NA CHE.C.K BOX IF CRC HAS CHANGED PERSON COLLECTING SAMPLES JOSEPH R. COTE J9, Mgd ORIGINAL arud ONE (.7,0P'`t' to: ATTN: CENTRAL FILES EVIV. 'OF ENVIRONMENTAL MANAGEMENT DMSION OF WATER QIJALITY 1617 MAIL SERVICE CENTER RALEIGH, NC. 27599-1617 ( AATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE , I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 50050 00010 00400 50060 00310 00610 00530 31616 . 1 i Li j n H- w 1 (75 4., H -.P -J 4-) LL < iti i < Z , C) r Z LLJ ° (-4 0 rJ, 6 0'; CI) EL.) Cl. ° 0 a. E a. C) 2 ,Ii —.1 , CD 0 0i= 00,0 ILO Llti z t.t.t 7 . 1.-- ra_ , cr, 0 cc) Lt.t 1 MIS ti-3[,.., HAS HRS :YN MOD 7:15 '13 7;05 14 1100 1111 700 AVER 0E ...... . MuHMuM GRA MO z 0 0, -- H MG/L'6,1/ 0:02665 3 4 1100ML NOV 2 ' 200!) 11111.111111111111111.1111111111111 ISIMMINIONE 11L Facility ..tattis: Fiease uneck one OT tne louovong) All monitoring data and sampling frequencies meet permit requirements Compliant No ncom pliant If the fad! y is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance, ect , and a time table for improvements to be rnaid. All monitoring data and sampling frequencies do not meet permit requirentis " I certify-, under of la.vv„ that this document and aU a1thments were prepared under rry direction or supervision in accordance with a system designed to assure that qualified personnel property 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 to the best of my knowledge and belief true, accurate, and complete. I am aware that there are slgnificant penalties for submitting fatse information, including the possibilitiy of fines and imprisonment for knowing violations," PO Box 6, High Shoas, NC 280 Permittee Address Dennis F. Gilbert - Mayor Please print or ,c1 ture of Permittee— YP Date t 704-73 - 651 7/31/2005 Phone Permit Exp, Date PARAMETER CODES 00010 Temperature 00'556 ()II& Grease 00951 Total Fluoride 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 00080 Color (Pt/Co) 00610 Ammonia Nitrogen 00082 Color (ADM) 00525 Total Kjelhal 01027 0adrnium Nitrogen 00095 Conductivity 006.30 Nitrates/Nitrites 01032 Hexavalent Chr 00300 Dissolved Oxygen 01034 Chromium 00310 B0D5 00565 Total Phosrphorous 00340 COD 00720 Cyanide 01037 Total Cobalt 00400 pH 00745 Total Sulfide 01042 Copper 00530 Total Superided 00927 Total Magnesium Residue 00929 Total Sodium 01045 Iron 00545 Settleable Matter 00940 Total Chloride 01051 Lead 01067 Nickel 50060 Total 01077 Silver Residual 01092 Zinc Chlorine 01105. Aluminum 01147 Total Seleium 71880 Formaldehyde 31616 Fecal Coliforrn 71900 Mercury 32730 Total Phertiolics. 81551 Xylene 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at (919) 733.-5083, exi 581 or 534 WFWIMPRIM.1100111.111.11.1•111.1.06,11*.ile The monthly average for fecal colforrn is to be reported as a GEOMETRIC mean, Use only units designated in the reporting facility's permit for reporting data_ ORC must visit facility and document visrtatron of fac41y as required per .15.A NCAC 8A 0202 (h) (5) (B) '' If signed by other than the perm -Mee, delegation of signatory authority must be on -file with the state per -15A NCAC 2B 0506 (bi (2) (Di) 0 Cate Time 2400 Clock Corraposit.eY • Time pH Temperatur e (Celsius) BOD 5 20C '% BOD Removed Total0 Suspended w Residue TSS Removed 4 EFFLUENT NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH FACILITY NAME High Shoals State Street CLASS !COUNTY G OPERATOR IN RESPONSIBLE CHARGE (ORC) JOSEPH_ R. CERTIFIED LABORATORIES (1) K & W LABS (2) NA CHECK BOX IF ORC HAS CHANGED PERSON COLLECTING SAMPLES JOSEPH R COTE JR 0 R GRADEIIPHONE 704-827-5136 Mad'ORIGINAL and ONE COPY l©. ATTN, CENTRAL FILES DIV° OF ENVIRCNME.NTAL MAN. GEMENT DIVISION OF UVATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC" 27699-1617 50050 HRS YIN MGD y 0 00820 x 7 SIGN.ATURE OF OPERATOR IN RESPONSIBLE CHARGE BY THIS SIGNATURE , I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 00010 00400 50060 UNITS UG/L 00310 00610 z o O 0 MG/ cC 00530 31616 ,MG/L 41100ML DATE 710 1 y 0,00615. v 5.60 : 5, 0 < . 4 7.10 1 y 0.00615 61 2 6 closed e Facility Status: Please Check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant Noncorn pliant If the facility is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance, ect_, and a time table for improvements to be maid. All monitoring data and sampling frequencies do not meet permit requirentis " certify, under 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,' PO Box 6, High Shoals, NC 28077 Perrnittee Address Dennis F. Gilbert - Mayor ee (Please print o ty STatufe of Perrni e Da 704-73. - 7/3 2005 Phone Permit. Exp, Date PARAMETER CODES oomo Temperature 00556 Oil & Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 0060.0 Total Nitrogen 01002 Total Arsenio 01077 Silver Residual 0(3.080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chionne 00082 Color (ADMt) 00625 Total Kjelhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 NitratestNitrites 01032 Hexavalent Chromium 01147 "Total Seleium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliforrn 71900 Mercury 00310 BOD5 00665 Total Phosrphorous 32730 Total Phentoltcs 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 0074.5 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Supended 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Pan 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code .assistarice may be obtained by calling the Water (Duality Compliance Group at (919) '733-5083, ext. 581 or 534 The monthly average for fecal coliform is to be reported as a GEOMETRIC mean. Use only units • In the reporting facility's permit for reporting data OR.Ci must visit facility and document visitation of facility as, required per 15.A NCAC 8A ,0202 (b) (5) (B). C *'" "14 signed by Other than the permittee, delegation of signatory authority most be on file with the state per 15.A. NOAC 28,_0506 (b)(2j (D) . it( INFLUNT NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH August YEAR 2005 FACILITY NAME Hi h Shoals State Street CLASS I COUNTY GASTON HRS HRS UN ITS C MG,�L. 12 _ 20 21 22 28 Avrae nthly M xi ontht +n u Samplee or G Th Pr NPDES PERMIT NO NC0072940 DISCHARGE NO 00 f M©NTF , Jpt raa EAR 2004 • EFFLUENT APR I FACILITY NAME High ShoaIs School Street CLASS 1 COUNT GASTON OPERATOR IN RESPONSIBLE CHARGE (CRC) JJoSEP oTE JR, GRADE H PHONE 704-627 5836 CERTIFIED LABORATORIES (1) K & W LABS (2) NA CHECK BOX IF CRC HAS CHANGED (/' PERSON COLLECTING SAMPLES JOSEPH R COTE JR ma.f IDRIOTNAL. apt7 CNE COPY !n ATTN: CENTRAL FILES. Lau, OF ENVIRONMENTAL MANAGEMENT DIVISION OF WATER QITLSLTY VOY"MAIL SERVICE CENTER RALEIGH, NC, 276.99-?617 0 0001 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE , I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. 00 50060 00310 00610 0 6 CEO F' Fachty Status: ( Please Check one of the to' All monitoring data and sampling frequencies meet permit requirements Compliant Noncompliant If the facility is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance, ect., and a time table for improvements to be maid, All monitoring data and sa p ncies do not meet permit requirentis " certify, under of law, that this document and all attachments were prepared under my direction or supervision, n accordance with a system designed lo 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 ts, 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 viotations Dennis F. Gilbert - Mayor P thee (Please print or ty e) a ure of Perrnitte PO Box 6, High Shoals, NC 28077 Permittee Address 1 Date 704-735- 651 7/31/2(705 Phone Permit Exp, Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082. Color (.ADMI) 00095 Conductivity Dissolved Oxygen BOD5 00655 COD 00720 pH 00745 00300 00310 00340 00400 00530 PARAMETER CODES 00556 Oil 8, Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00613 Ammonia Nitrogen 00625 Total liCjelhal 01027 Cadmium Nitrogen 00630 NitratestiNitrites 01032 Hexavalent Chromium 01034 Chromium Total Phosrphctrous Cyanide 01037 Total Cobalt Total Sulfide 01042 Copper Total Supended 00927 Total Magnesium R.esidue, 00929 Total Sodium 01045/ Iron 00545 Settleable Matter 00940 Total Chloride 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 50060 01147 Total Selerum 71880 31616 Fecal Goliform 71900 327'30 Total Pheniolics, 81551 34235 Benzene 34481 Toluene 38260 MF3AS 39516 PCBs 50050 Flow Parameter Code assistan.ce may be obtained by calling the Water Quality Compliance Group t (919) 733-5083, ed. 561 or 534 Total Residual Chlorine Formaldehyde Mercury Hylene The monthly average for fecal coliform is to be reported as a GEOMETRIC mean, Use only"units designated in the reporting facility's permit for reporting data ORO must visit facility and document .visit, n of tacilrty a.s required per 15A NCA.0 SA 0202 (b) (5) (B). ,54Q th If %signed by other an the permitte-e, delegation of signatory authority must he on file . th sat iSA NCAC 2B .0506 (b) (2) (0) INFLUNT NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH September YEAR 2004 FACILITY NAME High Shoals School Street CLASS I COUNTY GASTON 0 0 CNI E 0 HR UNIT G G G 8 0 NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH t EAR_2004 FACILITY NAME High Shoals State Streit CLASS I NTY OPERATOR IN RESPONSIBLE CHARGE €ORC1 GRADE) PHONE CERTIFIED LABORATORIES (1) K & VV LABS (2) NA CHECK BOX IF ORD HAS CHANGED PERSON COLLECTft SAMPLES rv'1a:='ORIGINAL and ONE COPY (2): 4T11.N CENTRAL FILES DIV, OF EWIRONMENTAL MANAGEMENT Di1„ i53ldtiJ OF WATER QUALITY 1.617 MAIL SERVICE CENTER A'LEIGH, NC, 27699-1i r. 50050 00010 00100 RE OF PERATOR IN RESPONSIBLE CHARGE) Y THIS SIGNATUT t CERTIFY THAT THES REPORT IS ACCURATE AND CCMPLETE TO THE BEST OF MY KNOWL 00310 00610 00530 31616 DATE G E..,o GNFLUNT NPDES PER v11T NO NC0072940 DISCHARGE NO 001 MONTH August YEAR 2005 FACILITY NAME High Shoals State Street CLASS I COUNTY GASTON PDES PERMIT NO. NC0072940 :ACILITY NAME High Shoals School Street JPERATOR )N RESPONSiSLE CHARGE (ORC) DERTIFIED LABORATORIES (1) K&W La NECK OGX fE OAC +4A5 CHANGED ,1aII ORIGINAL and ONE COPY to ,2 TN CENTRAL FILES ilV. OF WATER CUALITY 'EHNR 617 MAIL SERVICE CENTER ALEIGH, N7 Y,N 2 z FLO FF NF r r- 2 AVE i 0.GE MINI `.camp. (C) Grab Monthly 'Limit 0.0159 30 MTS U 6.9 2 EFFLUENT DISCHARGE NO. 001 s CLASS MONTH COUNTY Gasto 'YEAR 264 , Rcaberl Daflard GRADE 16 FHONE d7O4) 735•1651 (2) PERSONS) COLLECTING SAMPLES X (SIG1ATJRE OF OPERATOR IN RESPONSIBLE CHARGE) BY THIS SIGNATURE. I CERTIFY THAT THIS REPORT tS. ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE G 0 0 200 N Form MR-1 (12193) Kw a dry1:".,,S,,r '071664 .06,0c+°narra!Y* ai 2»22i2'NAME: INFLUENT N00072«40 DI CHARGE§C: 001 MONTH J m\, YEAR 2 H gh Shoals School Street COUNTY: ® Gaston 0 00 0 010 0054510O3)0�OO§l0 ENT A <EA V A A #._ HRS UNIT 0 5 17 9 -0 '7 xewu Facility 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 permit 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. "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." Dennis Gilbert, Mayor e (Please print or type) P.O. Box 6 High Sh Permittee Address Sign u Pe ttee" - Date a s, NC 28077 (704) 735-1651 Phone Number 00010 Temperature 00076 Turbidity 00080 Color (P1-Co) 00082 Color (ADM° 00095 Conductivity 00300 Dissolved Oxygen 03100 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00951 Total Fluoride 00600 Total Nitrogen 01002 Total Arsenic 00610 Ammonia Nitrogen 00625 Total Kieldhal 01207 Cadmium Nitrogen 00630 Nitrates/Nitrites 00665 Total Phosphorous 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride Permit Exp. D F onr* by GSW1b44454-0041},piol 1 IS45 Z4 10,2C4X4,4,4,1 tS8.3152 01032 Hexavalent Chromium 01034 Chromium 01307 Total Cobalt 01042 Copper 01045 iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zino 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 71900 81551 Formaldehyde Mercury Xylene Parameter Code assistance rnay be obtamed by calling the Water OuatIty Comphance Group at (919) 733-5083, etenso 5 1 or 534 The monthly average for fecal conform is to be reported as a GEOMETRIC mean, Use only units designated in the reporting facility's permit for reporting data, • ORC must visit facility and document visitation of facility as required per 15 A NCAC BA ,.0202 (b) (5) (B) "If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (I NC0072940 rACILII Y NAME Hlgh Shoals School Street OPERATOR IN RESPONSIaL: I:HARGE (ORC) ZERTIFIED LABORATORIES (1) K&W Labs EFFLUENT DISCHARGE NO. 001 , HCCK 80f of DAC HAS CHANGE© RIGINAL and ONE COPY to: TTN CENTRAL FILES 1IV, OF WATER QUALITY tEHNR 617 MAIL SERVICE CENTER 1ALE'I rF.NC27 AVERAGE MAXIMUM MINIMUM omp, (C) Grab (G) CLASS Iard A PERS GRADE (2 MONTH COUNTY Gaston LECTING SAMPLES S YEAR 2Qey FHONE I7 °s4 ) 735,1651 (SIGNATURE OF OPERATOR IN RESP'ONSYBLE CHARGE) DATE BY THIS SIGNATURE, I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE 00503 :S`35.*0 I 71516 Monthly Lirnit 0,0159 !' 6-9 30 30 200 TER PARAMETER CODE A8O:'E NAM ANO LINPTS BELOW 1 Form MR-1 (12193 F^ * tt,y C,4"tor S•Wt70? 0644 4 gs+fwtssse .i iJ lop ,00n, 400 Wn1 vtf.of3 �3 INFLUENT NC0072?940 DISCHARGE NO, 001 MONTH F CiL T ' NAME: High Shoals School Street O0545 00310 00610I00530 COUNTY- Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my 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 informatt including the possibility of fines and imprisonment for knowing violations!' P.Q. Box 6 High Sho Permittee Address Dennis Gilbert, Mayor Permittee (Please print. or type Signature of Fermi e Is, NC 28077 (704) 735-1651 Phone Number Date Permit Exp, Date 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00082 Color (ADMII) 00095 Conductivity 00300 Dissolved Oxygen 03100 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter PARAMETER CODES 00556 Oil & Grease 00600 Total Nitrogen 00610 Ammonia Nitrogen 00625 Total Kieldhal Nitrogen 00630 Nitrates/Nitrites 00665 00720 00745 00927 00929 00940 Total Phosphorous Cyanide Total Sulfide Total Magnesiurn Total Sodium Total Chloride F C4MS tttty OutertSWt 7 Or 0)4 0644,0trt t 1545-‘4 2 1,1,20(4 3, 643152 00951 Total fluoride 01002 Total Arsenic 01207 Cadmium 01032 Hexavalent Chromium 01034 Chromium 01307 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliforrn 32730 Total Phenolics 34235 Benzene 34481 Toluene 38260 MBAS 39516 PCBs 50050 Flow arameter Code assistance may he obtained by calling the Water Quality Compliance Group at (919)733-5.083, extension 5 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene The monthly average for fecal coliform is to be reported as a GEOMETRIC mean, Use only units designated 'eporting facility's permit for reporting data, ORC must visit facility and document visitation of facillty as required per 15 A NCAC 8A .0202 (b) (5) (B) " If signed by other than the permittee, delegation of signatosignatory authority must be on file with the state per 15A NCAC 2B 0506 (b) 2) (D) EFFLUEN WOES PERMIT NO, NO0072940 DISCHARGE NO. .AGILITY NAME Hrgh Shoals School Street )PERATOR IN RESPONSIBLE CHARGE (ORC) :ERTIFIEO LABORATORIES (1) K&W Labs I ECK ®©I IF ORC RAS GRANGE© Iasi ORIGINAL and ONE COPY IQ fTN CENTRAL FILES 'V OF WATER LUAU T Y X CLASS Robert allard PERSON(S MONTH COUNTY Gaston GRADE II I HONE (7O4I 735-1651 TING SAMPLES Stall :HNR (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) 17 MAIL SERVICE CENTER BY THIS SIGNATURE. I CERTIFY THAT THIS REPORT r5 1LEkGH. NC 27699.1617 ACCURATE ANO COMPLETE TO THE BEST OF MY KNOWLEDGE FLOW EFF INF I3G6 AVERAGE MAXIMUM MINIMUM m, (CI Grab (G) Monthly Limit 4UQ CATE E% PARAMETER CO A.B NAME AND UNITS BELOW Form MR-1 (12i93) E skvrsn a*'Chgen,S ?laTkbC.atir58v574 �!r: (Y3C?Mo:ittS3;a+`i 1' INFLUENT NPD S NC. NC-0072040 DISCHARGE NO. 001 MONTH Jc_Nc FACI" ITY NA dE: Fitch Shoals School Street COUNTY Gas YEAR 20.04 EFFLUENT JPDES PERMIT NO. NC0072940 DISCHARGE NO. 001 ACILITY NAME Hqh Shoals School Stree )PERATOR IN RESPONSIBLE CHARGE (ORC) :ERTIFIED LABORATORIES (1( K&W Labs iECK SOX rF ORC NAS CWMGED !all ORIGINAL and ONE COPY to rTN CENTRAL FILES V OF WATER QUALITY :HNR 17 MAIL SERVICE CENTER 27699-1617 FLOW EFF NF AVERAGE MAXIMUM MINIMUM mp. (C) Grab (GI Monthly Limtt CLASS Robert Ballard (2) MONTH .37-l a YEAR 20aY COUNTY Gaston GRADE II FHONE (7041735-1 PERSON(S) COLLECTING SAMPLES x (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) (DATE BY THIS SIGNATURE. i CERTIFY THAT THIS REPOT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE t �r� 00400 C°:F3i C �1 cC5C1 7bE16 ) PARAMETER COO E A NAME ANO UNwTS BELOW 4 G G G 6-9 30 3C1 200 INFLUENT 3333S 00: NO0072940 DISCHARGE NO, 001 MONTH AC LTY NAME, High Shoas School »?W COUNTY: YEAR Gaston Att NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvarla, Ill Governor Acting Director Secretary July 9, 2013 Mr. James C. Windham, Jr. Stott, Hollowell, Palmer & WW indham, I.�.E..P, P.D. Box 995 Gastonia, NC 28053-0995 Subject: Withdrawal of Civil Penalty Assessments City ofH:igh Shoals River Street WWTP (former NPDES Permit NC0024155) State Street WWTP (former NPDES Permit NC0072940) Case Numbers I.,V-2004-0289, PC-2006-0022 & PC-2006-0025 Gaston County Dear Mr. Windham: The Division of Water Quality has reeelved confirmation of cornpletion of the sewer line project connecting the City of High Shoals' collection system to the Two Rivers Utilities' collection system, the elimination of discharge from both the River Street and State Street wastewater treatment plants, and has received requests for rescission of the NPDES permits associated with those facilities. These actions satisfy in full the conditions for a complete reduction of penalties assessed against the City of High Shoals as established in the June 30, 2008 meeting between representatives of both the City and the Division, and further elaborated in the Division Director's letter of June 26, 201.2. As a result, the penalties assessed in the subject cases have been withdrawn and those cases have been closed. The Division is grateful for the diligence you and the City of Fligh Shoals have shown in tt ovi forward, and for the efforts of all the other local parties that helped to make it become a reality. It continuing hope that this project and the example of cooperation it has projected will lead to more regioraiiation of wastewater treatment in Gaston County, which should benefit both its citizens and the environment, project If you have any questions about this letter, please contact Bob Sledge at (9l9) 807-6398, or via e-mail at bob.sledte(ancdenr.gov. easy, Supervis Compliance & Expedited Permitt cc: Mooresville Regional Office — Surface Water Protection Secti NPDES Enforcement Files Central Files Mayor Dan WW'eekley — City of High Shoals 1617 Mali Center„ Raleigh, North Carolina 27699-1617 Location, 512 N. Salisbury St Raleigh, North Carolina 27604 Phone 919-807-6300 t FAX: 919-807-6492 ntemet: www,ncwatercluality.org .An Equal Opportunity t Affirmative Acton Emp[oyer one North i/Vatl ra NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Director Secretary Governor Mr, James C. Windham, Jr. Stott, Hollowell, Palmer & Windham,.P, P. 0, Box 995 Gastonia, NC 28053-0995 June 26, 2012 Subject: Framework for Settlement of Civil Penalty Assessments City of High Shoals River Street WWTP (NPDES Permit NC0024155). State Street WWTP (NPDES Permit NC0072940) Case Numbers LV-2004-0289, PC-2006-0022 & PC-2.006-0025 Gaston County Dear Mr. Windham: The Division of Water Quality has reviewed your correspondence of March 30, 2012, sent on behalf of the City of High Shoals. The letter referenced a July 30, 2008 meeting attended by you, representatives of the City of High Shoals, and Division of Water Quality personnel. A variety of topics were discussed during the meeting, all focusing on how the City of High Shoals might best provide for its future wastewater treatment needs. The Division stated at the time that it was willing to consider a settlement resulting in a substantial reduction of outstanding assessed penalties; however, any such settlement would be conditional upon the City of High Shoals making swift and tangible progress toward making its decision on how it will serve future wastewater treatment needs. Your letter pointed out the progress the City of High Shoals has made in improving its wastewater infrastructure since the time of July 2008 meeting. High Shoals has entered into a sewer interconnect agreement with the City of Gastonia for treatment of its wastewater, and has worked with Gaston County on the financing and construction of a sewer line that will convey High Shoals' wastewater to Two Rivers Utilities' Long Creek WWTP for treatment. Work on this project is ongoing and is expected to be completed in the fall of 2012.. The City of High Shoals has additionally performed work to improve the condition of its own collectionsystem, which not only wilt eliminate extraneous flow,. but will also allow sewer service to be made available to residences currently using septic tanks. Completion of the project will sallow for the closure of the City of High Shoals' two septic tank./sandfilter wastewater treatment systems and elimination of their discharges of treated wastewater to the South Fork River, 1617 Mail Service Cenalegh, North Carolina 27699.1617 Location: 512 N, Salishuty St, Raleigh, North Carolina 27604 Phone: 919-807-63091 FAX 919-887-6492 Internet: www.ncwaterquality.org An Equal Opportunity 1 Aifinnatiie Action Employer One North Car alina 'at irally Mr. James C. Windham, Jr. City of High Shoals Penalties Settlement p. 2 The Division is appreciative of the manner in which the City of High. Shoals has followed through on its commitment to ensure it will provide adequate and dependable wastewater treatment both in the present and. the future. Completion of the work performed by the City of High Shoals and its partners to construct the sewer line and eventually eliminate two permitted discharges to surface waters will fully satisfy the conditions set by the Division for settlement of outstanding civil penalties as stated during the July 30, 2008 meeting. Therefore, upon its receipt of confirmation regarding the completion of the sewer line project. and the elimination of the discharges from the River Street and State Street wastewater treatment plants, and the City of High Shoals' request for rescission of its NPDES permits, the Division will eliminate the entire balance of outstanding civil penalties assessed against the City of High Shoals, The City of High Shoals is requested to inform the Mooresville Regional Office of substantial developments that occur as the project approaches and reaches its completion. Requests for rescission of the NPDES permits should be sent to the Division's central office in Raleigh. Thank you for your assistance in bringing these matters to their conclusion. If you have any questions about this letter, please contact Bob Sledge at (919) 807,-6398, or via e-mail at bob.sledge@nedenr.gov. Sincerely, Charles Wakild, P.E. cc: Mooresville Regional Office NPDES Enforcement Files Central Files MichanlF. I. Governor htitl$ G. Seercinry North Carolina Derinrtincrii orkrivirtintnent *rid Natural tt„milirtim Alan ktittink, t' [1.1)irector Divearin NViiiicr Qoullity Colecn Sutton, Dicnuty t)irector Wait= QuulilY July 7, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert, Mayor Town of High Shoals P.O. Box 6 High Shoals, NC 28077 Dear Mayor Gilbert: 7003 2260 0001 3550 2066 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC, General Statute 143-215.1(a)(6) and NPDES Permit No. NC0072940 State Street WWTP Case No, LV-2004-0289 Gaston County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $435.04 ($350.00 civil penalty + $85.04 enforcement costs) against the Town of High Shoals. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Town of High Shoals for the month of March 2004. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0072940. The violations are sunimarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of High Shoals violated the terns, conditions or requirements of NPDES Permit No. NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions oflaw, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Water Quality Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of High Shoals: shr NorthCnrolinn Naturally Division of Vialer. Quality, Mocregville Regional Office, 919 North Main 476 &A IF `4:-..DENR le NC 28115 (704)663-1699 Cusiorner Service 1-877-623-6748 50.00 100.00 $ 350.00 85.04 435.04 For ) of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0071940, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Biochemical Oxygen Demand. For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit daily maximum e t uent limit for Biochemical Oxygen Demand. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 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 tar 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. ithin thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payrnent should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment 10 the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In det 'ermining 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any staternent 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 ofAdministrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Athninistrative 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 he filed with the Office ofAdministrative Hearings. The petition may be fixed — 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 ofAdrninistrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to tion and/or maintenance robletrts and ou an ici to re edial construction ac uestions nt or a Special Order by Consent, please contactthe Water. resville Regional Office at 704/66169 D. Rex Gaon, P.E. Water Quality Regional Supervisor Mooresville Regional Office Division of Water Quality AI I ACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments RMB p At ent ToTown of High Shoals State Stree rrp NPDES lie it No. NC0072940 . lei V- 0 4- 9 i ` o 2 4 e BiochemicalOxygen De Ave" "t is Reported Value 39.7 eter Bioche cal Oxygen Dail icy 30.0 t Violati Reported Value >75 * denotes ass ent of civil penalty 4.. Hnits inglE Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant Att monitoring data and sampling frequencies do NOT meemeet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective actions being 'taken n respect to equipment, oeration, maintenance, etc., and a time table for improvements to be made. frn 0 r-1 ,st"tei, "I certify, under penalty of law, that this document and all attachments were prepared under my directron 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 informati Including the possibility of fines and imprisonment for knowing violations." Dennis Gilbert, Mayor Per tee (Please print or Signature of Pemiiftee" P.O. Box 6 High Shoats. NC 28077 Permittee Address (704) 735-1651 Phone Number PARAMETERCODES 00010 Temperature 00556 Oil & Grease 00951 Total Fluoride 01007 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen. 01002 Total Arsenic 01077 Silver Residual 00080 Color (Pt -Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00062 Color (ADMII) 00625 Total Kjeldhal 01207 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavaient Chromium 01147 Total Selenium 71580 Formalden. 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 03100 BOD5 00665 Total Phosphorous 32730 Total Phenolics .6 .r.7-51 Xviene 00340 COD 00720 Cyanide 01307 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 35260 MBAS Residue 00929 Total Sodium 01045 iron 39515 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Permit Exp. Da ffarrrts CtremSW(70?1004-094501111 I 56;v5.24 L200,s, 7,5.5315; Parameter Code assistance may be obtained by cahino the Water Quality Compliance G 21, 919) 733-50E3, exten „ The, monthly average for fecal coliform is to be reported as a GEOMETRIC mean, Use only units designate.; in tne reporting 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 permittee, delegation of signatory authority must be on file with the state per 15A NCAC 25 :2505 (b) (2) (D) Permit It. A. (1.) EFFLUENT LIMITATIONS AND MONITORING RE UIFINAL During the period beginning ethic: dntc csl this permit and la, the Perrnittce is authorized to discharge from outfrxll 001. Such discharges shall. and monitored by the Pcrmittcc as specified below: EFFLUENT CHARACTERISTICS BCC, 5-day (2O C)' Total Suspended Residue' NH3 as d+J Fecal Calltorrn (geornetrlc man Total Residual Chlorine Footnotes: 28 f.rg/L MONITORING REQUIREMENTS surement Frequency Monthly 2/Month 2/Month Instantaneous Influent or Effluent Effluent. Effluen Effluent. Effluent Effluent 1 • The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 1.5% of the respective influent value (85% removal). 2. The pH shall not be less than 6.0 standard units nor greater than 9,0 standard units. There shall be no discharge of floating solids or visible foarn in other than trace amounts A7A NCDENR North CaroHna Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder John E. Skvaria III Governor Acting Director Secretary July 5, 2013 Mr. Dan Ziehm Assistant Director of Public. Works P.O. Box 1576 Gastonia, NC 28053-1578 Subject: Rescission of NPDES Permit NC00241.55 River Street WWTP Rescission of NPDES Permit NC0072940 State Street WWTP Gaston County Dear Mr. Ziehm: The Division has reviewed the request submitted by your utility's attorney (James C. Windham, Jr.) on June 27, 2013, The Division has no objection to your request. Therefore, NPDES permits. NC0024155 and NC0072940 are rescinded, effective. imtediately If in the future your utility wishes to discharge wastewater to the State's surface waters, it must first apply for and receive a new NPDES permit. If you have any questions concerning this matter, please contact Charles H. Weaver at (919) 807-6391 or via e-mail [charles.weaver@nedenr.govi. Sincerely, Thomas A. Reeder CC: Central Files Mooresville Regional Office NPDSS Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1517 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone 919 807-6300 FAX 919 807-6489 / Internet: wvAv.acwaterquality,org An Equal Opportunity/Affirmative Action Emptoyer - 50% Recycled/10% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P, E. Dee Freeman Governor Director Secretary January 2, 2013 5130 The Honorable Dan Weekly City of High Shoals H.C. Box 6 High Shoals, NC 28077 Subject: North Carolina Wastewater/Groundwater Laboratory Certification Dear Mayor Weekly: Thank you for your communication. Per your letter dated December 11, 2012, we are discontinuing the North Carolina Wastewater/Groundwater Laboratory Certification of your laboratory (NC Certification #5130). We understand that the City of Gastonia (NC Certification #210) will perform field analysis at the High Shoals WWTP until the facility is decommissioned in January of this year. We will proceed with removing your laboratory from the certified list. You are reminded that it is not legal to analyze environmental samples required by G. S. 143 Article 21 without our certification. Do not hesitate to call on us if we can be of assistance in the future. Contact us immediately at (919) 733-3908 if this action is incorrect or if you have questions. cc: Chet Whiting Mooresville Regional Office DENR TWO Laboratory Section NC Wa 1623 Mail Service Center', Raleigh, North h Carolina 27599-16L Location: 4405 Reedy. Creek Road. Raleigh, North Cannl±na 27607 Phone: 919-733-39051 FAX_ 919-733--6241 Internet: www.dwrllab.org An Equal 0pportunity t Aftirmatve A Employer Sincerely, J. Kent Wiggins Laboratory Section Chief Laboratory Section Certification Branch one North Caro fina Naturally North Carolina Dep Beverly Eaves Perdue Governor The Honorable Daniel Weekley, Mayor City of High. Shoals P.Q. Box 1.82 High Shoals, North Carolina 28077 Kam ment of Environment and Natural Resources Division of Water Quality Charles Waldld, PE Director September 5, 2012 Mr. Ray Maxwell, Public Gaston County PO Box 1578 Gastonia, North Carolina 28053 SUBJECT: Progress meeting and Interim Inspections - 2 projects Gaston County High Shoals Sewer Interconnect Project No. CS370 718-01, (4 contracts) and High Shoals SS improvements Project No. SRG T-01.-0112 (1 contract) Dear Mayor Weekley a.nd Mr, Max Dee Freeman Secretary ks Director The Construction Inspection Group (CIG) of the Infrastructure Finance Section performed an interim. inspection for the state and federally funded portion of subject projects on Wed, September 19, 2012. Interim. inspections have been conducted in conjunction with the monthly progress meetings for the three contractors and have been conducted on the 3rd Wed. each month beginning at 9:00 a.m. at the Gastonia Municipal Operations Center on 1300 N. Broad St, The project is nearing completion except for the pump stations of contract 2.1. Final inspections are being conducted but IFS is yet to schedule final inspections, until the project is officially at substantial completion. `The next meeting and inspection if necessary will be Wednesday October 17. 2012. You should review this report, take actions or provide responses as indicated, and then file for, your records. If you have any questions or find errors or items you disagree with in this report, please contact me at (919) 707-9185 or via e-mail at gerald.horton@ncdenr.gov. Gerald W. Horton, PE Environmental Engineer Construction Inspection Group Mary Knosby°, PE, HDR Engineering, Charlotte office (Contracts Chuck Willis, PE, Willis Engineers, Charlotte (Contract 1.0) Rob Krebs Mooresville DWQ Regional office Larry Horton, PE, CW]V1TF CIG - Mark Hubbard, PE, Dee Browder, Gerald. Horton SRF, SRG 2.4) F Service Center, Raleigh, North Carol27699 1633 r Archdale Bwl€1tt1eg 912 N. Salisbury St Raleigh, North Carolina 27664 rte: 3 tl9-767 9160 FAX 919-7'1 5-6229 Pnterret: wwwermaftty,p(€ An Equal Oppo fun ty I Affirmative Actin Employer . one North Carolina atura!!ij Gaston County High Shoals Interconnect sewer Project No. CS370 718-01. High Shoals area Sewer System Improvement Project No. SRG T-01-01„12 Interim Inspection of September, 19, 201.2 Page 2 of 3 GENERAL CONCERNS / RECOMMENDATIONS / ACTION ITEMS- UPDATES to Comments or Concerns noted in previous progress meetings (for reference) are itaiicized if anyone disagrees with statements made herein or discovers mors, it would be appreciated for reader to notify the writer ,C.O.M.MENTS a :cable. to ALL contract: 34. Sept. update: this comment is still valid. [August] Owner needs to conduct "end of job interviews" on contractors and subcontractors which have not yet been interviewed. IMPORTANT - Dan Ziehm was not present for June meeting, and it is requested he be prepared to discuss status of Davis Bacon compliance at. July meeting and to complete the forrn attached to the May IFS report. 38* [July] IFS will ask to. review documentation at Final inspection(s), IMPORTANT Please document spare parts turnover. [May] - IFS inquired on status of spare parts & advised Engineers and Owner & contractors that documentation on turnover & completeness of spare parts will be an IFS Final inspection item of concern. 44. IMPORTANT-IFS/Gerald Horton requested being notified when any final inspections are scheduled. 45. IFS must conduct a final inspection on each contract. IFS's new policy is that an IFS final inspection. can only be performed upon project obtaining substantial completion, A final inspection project closeout checklist is attached to this report. Owner il1 need to complete checklist at or before IFS final inspection for each contract, IFS prefers to perform as many final inspections (numerous contracts) as can be performed on one trip, 46. IFS hereby requests copy of Warranty letter for each contract when issued. All warranty date(s) should he noted and copies provided to Owner, contractor and Engineer. 47. IFS at final inspection will ask to see testing documentation for all contracts, including electrical and. grounding. 49. After September meetings IFS, Gerald Horton engineer Alex Berkley and Jose Neris visited all active work sites. comments apphcahle to Sanders Unit holders of contracts 1.0. 2.2 & 2.4 SNU . August 15, 201.2 - Sanders Utility states they are ready for final inspection on contract 2.2 & on1y lacks tie-ins, cleanup/seeding, marker posts, MH. coating & a segment of gravity sewer & the metering station installation at Mill area remain to complete workon contract 2.4. SNU should be ready for final inspection on 2.4 before. next meeting. Jose Neris will be conducting walk through inspections soon. 29. Sanders Utility is also nearing completion on contract 1.0, the work in High Shoals, however until the 5 pump stations of contract 2.1./Garawco are completed, checked out, inspected and fully functional SNU cannot perform the demolition work of the 2 WWTPs in High Shoals and divert wastewater to the new sewer lines. Owner stated they will not penalize SNU for late finish on contract 1..0 as contract completion is beyond Sanders Utility's control. Correspondence has/is being exchanged to confirm this, 30. Sanders will be requesting e extension due to encountering seere rock (unusual conditions) at Mill area. 31, Submittal for transponders is yet to be approved. 32. SNU owes O&M manuals to Engineer and Owner for the 2 pump stations. As of Aug. 115 .meeting the pump stations have not been tested. 33. SNU will survey their work and provide to HDR for preparation of Record Drawings, 34. Sanders stated at September meeting they are finished with contracts 2.2 and 2.4 except for minor punch list items. Neris, inspector has cond.uctedfinal inspection of 2.2 and a final on 2.4 will be scheduled once remaining pipe testing has passed. Sanders also has to move rock from site on contract 2.4 and make electrical connection and install fence at metering station. rir Gaston County High Shoals Interconnect sewer Project No, CS370 718-01 High Shoals area Sewer System Improvement Project No, SRG T-01-01.12 Interim Inspection of September 19, 2012 Page 3 of 3 General comments•ab' to Con - State Utilities SU - 7., Sept. update: this work completed and will , all pipe and spacers this week and if nece.ssary work through the weekend. The river pipe was installed by directional drill with HDPE pipe. [Aug.] SU is still working on bore B9 to B.10 and hopes to finish that work around Aug, .7 to 9 and advises they will not finish by substantial completion date of Aug. 7 but should be complete by Sept. H. Only other work is coatings on 3 MHs & the pipe [under river] whether it be HDD or bore & jack on sheet C29, 8. September update: Engineer obtained 401 APPROVAL of 401 WQ Certification dated, Sept, 11, 2012 and provided IFS with copy of that letter, [August] Must resolve issue of exposed 60" casing with - 2 inches of exposure in creek bed. Browder stated that Owner should notify Adrian Eaton, IFS plans reviewer, of the exposed casing. 11, September meeting - State Utility requested final inspection. General comments applicable to Contract 2.1 - Garawco 7. September update: a training schedule still needs to be worked out. Garawco indicated they would coordinate these training sessions with startup and provide a schedule to Owner and Engineer, [August A training schedule needs to be coordinated. June - Engineer requested GCC Work with them and Owner in setting up training at the 5 pump stations. GCC has [had] "penciled" in second week of August with his equipment suppliers for this purpose. 11. September update: engineer will consider a later permanent seeding but stipulated temporary cover must be planted [August.] Owner will consider deferring seeding: and advise. Garawco asked .to defer permanent seeding until October due to weather. .13. Garawco provided a 3 page work plan at September meeting for completing the 5 pump stations, which is essentially a list of remaining work. Garawco stated they could do training, testing, and startup except for Energy Park PS within the next 2 to 3 'weeks [by October 12]. IFS and other's opinions is that Garawco s11 probably not complete the work until November. This is significant as it affects the other contracts and contractors. 14. Garawco asked that engineers, inspectors and Owner make sure the other contractors CLEAN their lines and remove all debris before Garawco tests the pumps and the pump station's systems. Otherwise there. may he damage to the pumps,. Construction Inspection SAFETY - no issues SCHEDULE — All contractors except Garawco are essentially complete lacking punch list and/or final inspection. Davis Bacon - Owner needs to catch up on end of job interviews. Progress meetings usually precede a field inspection. These meetings are conducted at A - 9:00 -am - Contract 1.0, Sanders Utility (SNU) 13 - 9:45 am - Contract 2.2, & 2.4 Sanders Utility C - 10:30 am - Contract 2.3 State Utilities (S11.20 D - 11:1.5 am - Contra.ct. 2.1. Garawco (GCC) mtgs attended Name Representing tele or_cell ABCD Dan Ziehm. PE Gaston County A.sst_Pub, Works Di.r. 704 500-922.5 ABCD Mike Bynum Gastonia/Two Rivers Util, 704 214-9138 ,ABCD Jose Nens Inspector -Gastonia Two Rivers 'Uhl. 704 214-9008, A Chuck Willis, PE Willis Engineers, Proj, Mgr, 704 641-1.621. BCD Mary 'Knosby, PE HDR Engineering, Proj. Mgr. 704 5.07-9497 BCD Alex Berkley HDR Engineering 704 338-6841 (ofc) BCD tvlatt.h.ew Shultz, PE HDR Engineering, Design, Mgr. '704 519-7773 AB Freddie Young Sanders Utility, Pro. Mgr. 704 399-5600 (ok) C Steve Brown State- Utility CC Proj..Mgr. 704 201-6676 D Ste.e Hall Garawco, Proj, Mgr. 803 242-811:1 ABCD Gerald .Horton, PE NC Infrastructure Finance Section 919 707-9185 (ofc) Hood Donna From: Sent: To: Subject: Donna, The wastewater flow to the St sends the flow to Two Rivers U decommissioned* The River St. Pant NPDES NC0024155 is Graham, Charlie (charlieg@tworiversutiE tie coml. Wednesday, January 23, 2013 4:54 PM' Hood: Donna High Shoals State St. NNVVTP e St 'W WTP, NPDES NC0072940 Has been diverted to the new collection system that ies. The plant is offline and will be checked periodically until the plant is n operation and is scheduled to go offline next week, 1 will give you an update as soon as know f you have any ques Thanks, ns or conic Charlie Graham City of High Shoals Wastewater Treatment 704-214-91,..42 charlieg@tworiv anything further; ns please let me know: ometl e towards the end of VA, NiDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director March 20, 2012 The Honorable I)an 'Weekly City of High Shoals P.O. Box 6 High Shoals, NC 28 77 Dee Freeman Secretary Subject: Compliance Evaluation Inspection State Street WWTP NPDES Perrnit No. NC0072940 Gaston County, North Carolina Dear la Weekly: Enclosed. plea.se find a copy of the Compliance .1.,,valuation Inspection Report for the inspection conducted at the subject facility on March 16, 2012 by Ms. Donna Hood of this. Office,. The report should. be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Ms. Hood. or me at (704) 663-1699.. Sincerely,. R..obert B. Krebs Surface Water Protection Regional Supervisor Enclosure DH Mooresville. Regional Office Location; 610 East Center Ave.., Suite 301 Mooresville, NC 28115 Phone; (7.04) 663-1699 Fax: (70.4), 663-6040 ) Customer Service: 1-877-623-6748 Internet; www;ncwateLgt).alityorq Oppoilitinity AVrilWiiite Action Employer -- Reicyitiettillirti Pot; Consuniwii pato NorthCarolina Natundly EPA 21 �.Ynited .`atates Environmental Prot sctuon Agency Washington, 0 C. 20460 atrtr amp lance Inspeehon Repo ction A: National Data System Coding (i.e., PCS) Form Approved_ OMB No, 2040-0057 Approval expires 8-31-98 Transaction Code NPDES N 2 L. NC0072940 ion Work Days Facility Self -Monitoring Evakuatio 121 1.0 169 7 yr,/mo/day 12,Y'03/16 Remarks Rating B1 71) ect B: F lity Data Inspecti 17 1 QA Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) tat.e Street WWTP St High Shoats NC 28077 Names) of Onsite Represent Randy I Russell/ORO/704-735-165'1/ es(s)1Phone and Fax. Number(s) Name, Address of Responsible OffuciaVT-rtle/Phone and Fax Number ekley,PC Box 6 High Shoals NC 28077/Mayor1704-753-165.1/ Contacted No =pe Inspector 191 S I _Reserved- 74 751 I I I Entry 'Time/Date AM 12/03/16 Other Facility Data Section C: Areas Evaivated Durng inspection (Cheek only thtlse areas eveltsated) Fac Type 201 1 66 it Efferstive Date 10/1 1/01 Permit Expiration Date Per Flow Measurement R Operations & Maintenance • Records/Reports Self -Monitoring Program Slt de Handling Disposal Facility Site Review III Effluent/Receiving Waters story Section D: Summary of Finding/Co nitRents,At tach additional sheets ref narrative and checklists a flecessa 15/07:31 (See attachment summa nagerrent Ai EPA Form 3560-3 (Rev 9.94) Previous editions are obsolete. Agency/office/thore and Fax Numbers MRO WQ;1704-663 16 3 Ext.21931 ',,Agency/Office/Phone and Fax Numbers MRO WQ/1704-663.1699 Ext.22041 Date Page # NPDES yr.F' n,`day rinspectio Type 11 1 NC007.29401 103E1 ection a SUrnna ry at Finding/Comments (Attach additional sheets at'narrati e and ct eckhsts as necess Page Permit: NC0072940 Owner - State Street VVVITP Inspection Date: 03(1612012, Inspection Type; Compliance Evaluation Permit (If the present permit expires in 6 months or less). Has the permittee submitted a new application'? Is the facility as described in the permit? # Are there any special conditions for the pem-lit? is access to the plant site restricted to the general public? is the inspector granted access to all areas for inspection? Comment: State Street WWTP permit is effective from 11/01/2010-07/31/2015: The facility is in the process of connecting to Two Rivers Utilities (City of Gastonia): Construction of the interconnect is underway, but not completed. Expected completion is in the fall of 2012. Operations & Maintenance Yes No NA NE 0 0 • • 000 nEriD • nOD • OOD Yes No NA NE Is the plant generally clean with acceptable housekeeprig? ionno Does the facility analyze process control parameters, for ex: MLSS„ MCRT, Settleable Solids, pH, DO, Sludge • Li 0 0 Judge, and other that are applicable? Comment: While the system still has disrepair from age, it is as well maintained as could be expected. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • 0 0 0 Is all required information readily available, complete and current? me000 Are all records maintained for 3 years (lab. reg required 5 years)? MOOD Are analytical results consistent with data reported on DMRs? norin Is the chain -of -custody complete? • 0 n n Dates, times and location of sampling • Name of individual performing the sampling Results of analysisand calibration • Dates of analysis • Name of person performing analyses • Transported COCs Are DMRs complete: do they include all permit parameters? •Opn Has the facility submitted its annual compliance report to users and DWQ? •00n (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? DOED Is the ORC visitation log available and current? onnn Page # Permit: NC0072940 Owner - Facility: State Street AWTP Inspection Date: 03116i2012 Inspection Type: Compliance Evaluation Record Keeping Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site?' Facility has copy of prey ous years Annual Report on file for review? Comment: DMRs for January 2011-December 2011 were reviewed for the inspection, No violations were reported for the review period, During the data review, one transcription error was observed with reporting analyses on the wrong day, Sampling was performed on 11/17/2011 but reported on 11/18/2011, Please be advised, the ORC must ensure proper reporting of all data on the OMR, It was also noted that the facility is not reporting BOO or TSS removal rates. Please include this on all future DMRs. Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract Cab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal CoWorm) set to 44,5 degrees Celsius+/- 0,2 degrees?' Incubator (BOD) set to 20,0 degrees Celsius +/- 1,0 degrees? Comment: On -site field analyses are performed under certification #5130 K&W Labs, #559, performs all other necessary analyses. Flow Measurement - Influent Yes No NA NE • 000 Enn0 N non innn Yes No NA NE annn a000 NO00 15000 00■0 nnon Yes No NA NE Is flow meter used for reporting? 00•0 Is flow meter calibrated annually? Bs the flow meter operational? nnon (tf units are separated) Does the chart recorder match the flow meter? 0 [1 • CI Comment: Flow is measured by a counter on the dosing bell, which is equivalent to 2500 gallons per dose, Influent Sampling Yes No NA NE # Is composite sampling flow proportionai? nnon Is sample collected above side streams? 111 nnn Is proper volume collected? NDDO Is the tubing clean? n0.0 Page 4 Permit: NCG072940 Owner • Facility: State Street WWIP Inspection Date: 03116/2012 Inspection Type: Compliance Evaluation Influent Sampling Is proper temperature set for sample storage (kept at less than or equal to 6„0 degrees Celsius)? Is sampling performed according to the permit? Comment: Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representativ Comment: Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly'? Are high and low water alarms operating properly? Comment: Septic tanks are pumped by Rays Septic Tank on an as needed basis. Sand Filters (LOW rate) (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of pending? ls the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: Two of the four sand beds are used alternately in normal operational procedures, The remaining two sand beds are used for high flow events only. All beds ooked well maintained at the time of the inspection. Although the septic tanks were not dosing at the time of the inspection, no ponding was observed on the filter bed surface. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Yes No NA NE • 000 • 000 Yes No NA NE DONO Yes No NA NE DOND annn ROOD nn 0 Yes No NA NE Yes No NA NE o nnn • 000 Page # 5 Permit. NCO T 2940 inspect on Date: 13,`tF 2012 Owner -Facility: state tro t kispectien Type. Compton r E IP Disinfection-Tablet Number of tubes in ust Is the vel chlorine residiaaa acceptab s the contact charraber free off growth, tar sludge buildup there chlorine residual prior to dc-chionnakwuri? Comment Steps have been installed for safe access to the Olet hlrarinator, as recommended in the last inspection. De -chlorination Type of system e feed ra proportional to ch nrr a cunt I1 to l)y !s storage appropriate for cyaPnders Rs de-chlorinaatior ubstance stored away from chlorine containers? Comment:: Are the tablets the proper size and type? Are tablet de -chlorinators operational` Number of tubes in use? Comment: Pump Station - Effluent Is the pump wet well free of bypass es or struc.ru Are all pumps presehty Are all pumps operable? Are float controls operable? is SCADA telemetry available and operatlondiy Is audible and visual aiarrrc available and operational. Comment: Effluent Pipe la right of way to the oukfail properly aintala cl? Are the sec r wing water free of foam other than trace amounts and ratt r debris? If effluent (dlffuear° pipes are required) are they operating properly Yes No NA NE 00 0 Comment: The outf ll could not be evaluated on the day of the inspection because of the high water levels in the receving stream Yes No N E..., Tablet E'' l0 10 0 Yes._. NA NE 0 oionnn Yes No NA NE f Page En b,f,..1TY ANNUAL WASTEWATER REPORT 2010 The City of High Shoals is pleased to present this report as a reflection of the progress we have made concerning the treatment of was ewater ollectec here ui bur community. Mr. Randy Russell is the City's Wastewater Plant(s), Operator in Responsible Charge, (ORC). Mr. Russell is a Grade 111 Biological Operator as certified by the State of North Carolina. Mr. Russell also is a Certified Grade I Collection. System Operator. If you have any questions concerning this report he may be contacted at (704)735-1651. The City of High Shoals has successfully maintained all six sanitary sand filters during 2009. School Street sub -basin was Smoke Tested in November. Several Sewer Tap clean -outs were found to the broken off allowing rain to "Inflow" into the treatment plant. All broken caps were repaired, The City of High Shoals' Collection System is "DEEMED PERMITTED" and is subject to full enforcement of the WQ Permit regulations. There were no Sanitary Sewer Overflows during this compliance period. Copies of this report are available at Town Hall. The water meter readers will distribute to customers. State Street Plant NC0072940 State Street, High Shoals, North Carolina 1. General Information: The State Street Wastewater Plant consists of two septic tanks, two dosing tanks and four sanitary sand filters. Treated effluent is chlorinated and de - chlorinated to be returned to the South Fork River. Treatment efficiencies are reported at > 95% removal. 2. Performance: Violations include: NONE River Street Plant NC0024155 River Street Extension High. Shoals,. North Carolina 1. General Information: The River Street Wastewater Plant Consist of one septic tank, one dosing tank and two sanitary filters. Treated effluent is chlorinated and de -chlorinated to be returned to the South Fork River. Treatment efficiencies are reported at > 95% removal. 2. Performance: Violations include: NONE Fats, Oils, and Grease s (FOG's) In an effort to reduce the potential for Sanitary Sewer Overflows,(SSO's) the Public Works Staff of The City of High Shoals, N.C. has complied the following Information to help educate our water and sewer customer concerning the best management practice for the disposal of household Fats, Oils and Greases, (FOG's). Each year thousand of gallons of untreated sewage are spilled from collection systems throughout the state of North Carolina because of poor management practices In commercial as well as residential disposal of FOG's. FOG's introduced to sanitary sewers will result in substantial accumulation to the point of blockage and result in overflow of untreated sewage. Each reported SSO could result In our community being fined by the Division of Water Quality. Those fines as cost to the Utility must be paid from user fees. It is the goal of the The City of High Shoals to have no SSO's to report from our collection system. This will be possible only with the help of our customers. Your cooperation will be appreciated. If you have any question pleases contact Mr. Randy Russell, or Beth Usery (704)735-1651 DID YOU KNOW-7 Most sanitary sewer backups occur between your home and the town's sewer main? You can help prevent a costly and unsanitary overflow by following a few simple steps: DO... Scrape excess grease into a container and dispose of it as solid waste In the garbage. Place food scraps In waste containers or garbage bags for disposal with solid waste, or start a compost pile. Place a wastebasket in the bathroom to dispose of solid waste, disposable diapers, condoms and personal hygiene products that do not belong in the sewer system. Promote the concept of "3 R's", Reduce, Reuse, and Recycle. DO NOT... Pour fats, oils and grease from cooking down the drain. Use toilet as a waste paper basket, Use the sewer as a means of disposing of waste food, HOW TO DISPOSE OF GREASE • Allow to cool. ▪ Use a container with a lid. ▪ Pour the cooled oil or grease into container. ▪ Place lid on container. ▪ Scrape or wipe cookware using paper towel or spatula into garbage before washing. As required under the Clean Water Act of 1999, House Bill 1160 which was signed into law on July 21, 1999, I certify that the information in this report is accurate to the best of my knowledge. RapJv Russell, OR C City of High Shoals, North Carolina: "76' --/,/ Date City of High Shoals, North Carolina 101 Tompkins Street High Shoals, North Carolina 28077 FFE1 ?_ 011 'rftcyroiatft,,:;, RrocessIng ry )ri''oiukEfliaNCH ANNUAL WASTEWATER REPORT January 1, 2010 December 31 2010 horn ay Colleen I Randy Raisse1 resign ni position t i. R.C. Operator ' st m t r Treat ent Plants for the Cit of High1:. t ase 07, 201 ?. Randy Russ DWO Point Source Fa :91 98©76496 Jain 27 20111 9:43 P. 01 June 14, 2011 High Shoals P.Q. Box 6 High Shoals, North Carolina 28077 704-735-1651 North Carolina Department of Ennrt en t end Natural Resources Division of Water Quality NPDES Permit Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: City of High Shoals NPDES Permit Rescissions Gentlemen, The City of High Shoals request the rescission of two NPDES permits for the City's wastewater treatment facilities. Upon completion of Gaston County Sewer Improvements - Contracts .0 and 2.0, the City of High Shoals wastewater will be discharged into the new sewer system and conveyed to the City of Gastonia. The two facilities included in this request are; River Street WWTP High Shoals, North Carolina NPDES Permit NC0024155 State Street WWTP High Shoals, North Carolina NPDES Permit NC0072940 These Permits should be rescinded only after completion of the aatc►rer entioned Gaston County projects and acceptance by theCounty and City of Gastonia. If you have any questions or need additional information, please let us know. Sincerely, Daniel G. Weekley Mayor, City of High June 06. 2012 Iscf, Whom It May Concern: 1. Randy Russell resign my position as O.R C.„ Operator for Waste Water Treatment Plants for the City of High Shoals. Effective June 07, 20 2, Sincere, y„, Randy Russell NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary Mayor Dan Weekley City of High. Shoals P.O: Box High Shoals, NC Dear Permittee: 280-7-0000 December 29, 2009 Subject: Renewal Notice NPDES Permit NC0072940 State Street WWTP Gaston County Your NPDES permit, expires on July 31, 2010. Federal (40 CFR 122.41) and North Carolina (15A NCAC 2H.0105 (e)) regulations state that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. Your renewal package must be sent to the Division postmarked no later than February 1, 2010. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may he assessed depending upon the delinquency of the request. If any wastewater discharge will occur after July 31, 2010,.the current permit must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215,1; unpermitted discharges of wastewater may he assessed civil penalties of up to $25,000 per day, If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact me at the telephone number or address listed 'below, Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below, Sincerely, Charles H. Weaver, Jr. NPDES Unit cc: Central Files Mooresville Regional Office, SurfaceWater Protection NPDES File 1617 Mali Service Center, Raieigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone, 919 807-6391 / FAX 919 807-6495 / charles weaver©ncdenr.gov One NorthCa o na aturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10'5k Post Consumer Paper NPDF,S PERMIT NC0072940 STATE STREET WWTP GASTON COUNTY The follow„.g items are REQUIRED for all renewal packages: ,• A cover letter requesting renewal of the permit and documenting any changes at the facilitv since issuance of the last permit. Submit one signed original and two copies. • The completed application .form (copy attached), signed by the pertnittec or an Authorized Representative. Submit one signed original and two copies.. • If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, .written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part 11.K.11.b of the existing NPDFIS permit). \ narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following items .must be submitted by arry Municipal or Industrial facilities discharging process wastewater: Industrial facilities classified as Primaty Industries see Appendices A-D to Title 40 of the Code of :Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow ?IA/ MGD must submit a Priority Pollutant .Analvsis (PPA) in accordance with 40 C.FR Part 1.22.21.. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non -process wastewater (cooling water, filter backwash, etc) Send the completed renewal package to: Mrs. Dina Sprinkle NC DENR DWQ / Point Source Branch. 1617 Mail Service Center Raleigh, NC 27699-1617 NCDENR North Carolina Denarfinent of Environmen Division of Water Quail Beverly Paves Perdue Coleen H. Sullllns Governor Director December 1 I, 2009 THE HONORABLE DAN WEEKLEY MAYOR OF THE CITY HIGH SHOALS PO BOX 6 HIGH SHOALS NC 28077 SUBJECT: Payment Acknowledgment Civil Penalty Assessment State Street WWTP Permit Number: NC0072940 Case Number: LV-2009-0405 Gaston County Dear Mr. Weekley: and Natural Rest farces Y Dee Freeman Secretary This letter is to acknowledge receipt of check number 24106 in the amount of $183.71 received from you dated December 8, 2009. This payment satisfies in frill 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 Robert L Sledge at 919-807-6398. cc: Central Files DWQ Mooresville Regional. Office Supervisor Ft Serek3e Gent434,Raietgh, North C arotina 27669-16137 74 r to et. wwv nwatergL a v.or. North(aro tnta 6/aturallq ANNUAL WASTEWATER REPORT 2009 The City of High Shoals is pleased to present this report as a reflection of the progress we have made concerning the treattrtent of wastewater collected here in our community. Mr. Randy Russell is the City's Wastewater Plant(s), Operator in Responsible Charge, (ORC). Mr. Russell is a Grade 111 Biological Operator as certified by the State of North Carolina. Mr. Russell also is a Certified Grade 1 Collection System Operator, if you have any questions concerning this report he may be contacted at (704)735-1651. The City of High Shoals has successfully maintained all six sanitary sand filters during 2009Aug. School Street sub -basin was Smoke Tested in November. Several Sewer Tap dean outs were found to the broken off allowing rain to "Inflow" into the treatment plant. All broken caps were repaired. The City of High Shoals' Collection System is "DEEMED PERMITTED" and is subject to full enforcement of the WQ Permit regulations. There were no Sanitary Sewer Overflows during this compliance period. Copies ©f this report are available Town Hall. The water meter readers will distribute to customers. State Street Plant NC0072940 State Street, High Shoals, North Carolina 1. General information: The State Street Wastewater Plant consists of two septic tanks, two dosing tanks and four sanitary sand filters. Treated effluent is chlorinated and de - chlorinated to be returned to the South Fork. River. Treatment efficiencies are reported at > 95% removal. 2. Performance: Violations include: Aug 2009 est > 65 River Street Plant NC0024155 River Street Extension High Shoals, North Carolina 1. General Information: The River Street Wastewater Plant Consist of one septic tank, one dosing tank and two sanitary filters. Treated effluent is chlorinated and de -chlorinated to be returned to the South Fork River. Treatment efficiencies are reported at > 95% removal. 2. Performance: Violations include: None The above referenced violations resulted in no known environmental impact. SPECIAL NOTE: Please use Se tic Tank A roved Toilet Tissue in your homes. Thank You. Fats, O' , and Greases, OG's) in an abort to reduce the potential for Sanitary hewer Overflows,(SSO's) the Public Works Staff of The City of High Slams, M.C. has complied the following information to help educate ow water and emir customer concsrirq the best management practice for the disposal of housulwkt Fab, Oils and Graces., (POMO. Each year thousand of gi Iona of untreated sewage env spilled from collection systems throughout the stale of North Carolina became of poor narnaprnrerrt practices in commercial as well as nistdenital disposal of FO©'s. rO's Introduced to artery sewers Mil remit In substential emendation to the pant of blockage and result in overflow of unburied sewage. Each reported SSC could result in our community being fined by the Division of Water Quality. Those Muss as cast to the Ullltly must be paid from weer feria. it is the goal of the The Clip of High Shoals to hem no SScrs to report from our collection system. This will be possible only with the help of our customers. Vow cooperation will be appreciated. If you have any question pleases contact Mr. Randy Ruse* or Beth Unary Q (764)736•1661 DID YOU KNOW...? Most sanitary ary sewer backups occur between your hams and the town's sewer min? You can help prevent a coldly and u cannery overflow by following a few aYnpie slope: DO... • Scraps moms grease into a carubiner and dispose of it as solid waste ki the garbage. • Place food scraps in waste containers or grbage begs for disposal with solid waste, or start a compost pas. • Place s wssieb eeket In the bedroom to depose of solid waste, disposable diapers, condoms and persons, hygiene products that do not bstang In the sewer system. • Promote the concept d'3 We, Reduce. Reuse, and Rocycb. Pear fats, oils and DO r tn.... ' grease from carrlulrig dawn the drain. • Use toilet as a wasta paper bestial • Use the sewer as a moue of disposing of wrists food. • NOW TO DISPOSE OF GREASE • Allow to cool. • Use a contriver with a lid • Pour the cooled oil or gram into conbiner.. • Place Iid on combiner. • Scrape or wipe cookware i slnq paper towel or spatula into garbage before weshing. As required under the Clean Water Act of 1999, House Bil11160 which was signed into law on July 21,1999, I certify that the information in this report is accurate to the best of my knowledge. sy Russell, ORC$ity of 'High North Carolina: ty of High Shoals, North Carolina 101 Thompkins Street High Shoals, North Carolina 28077 ANNUAL WASTEWATER WATER REPORT January 1, 2009 December 31, 2009 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Dee Freeman Secretary November 18, 2009 CERTIFIED MAIL 7008 1140 0002 2716 7406 RETURN RECEIPT REQUESTED The Honorable Dan Weekley, Mayor City of High Shoals P. O. Box 6 High Shoals, North. Carolina 28077 SUBJECT: Notice of 'Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.10.0) and NPDES Permit No. NC0072940 State Street WWTP Gaston County Case No, LV-2009-0405 Dear Mayor Week1ey This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S183.71 ($100.00 civil penalty ± $83,71 enforcement, costs) againstthe City of High Shoals. This assessment is based upon the following facts: A review has been conducted of the self - monitoring data reported for August 2009. This review has show the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0072940. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of High. Shoals violated the terms, conditions, or requirements of NPDES Permit No. NO0072940 and North Carolina General Statute (G.S.) 143-215„1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143-215,6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil 'penalty assessment against the City of High Shoals: Mooresville Regional Office Lixation: 610 East Center Ave:, Suite 301 Mooresviile, NC; 28115 Phone: (704) 663-1699 t Fax: (704)663-5040 t. Customer Service: 1-877-623-6748 [nternet: woir.ncwaterquaiity.org One NorthC olina Natti agif 100.00 100.00 83.71 83.7 For 1 of the one (1) violation of G.S, 143-215.1(a)(6) and. NPDES Permit No. NC0072940, 'b) discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. I43-215.6A(c), in deteiniining 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 harrn to the natural resources of the State, to the public health, or to. private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air .quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the 'violations Were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures.. Within thirty days of receipt of this notice, you must do one of the "b Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the aceuracy of any of the factual statements contained in the civil 'penalty assessment document; Because a remission request forecloses the option of an administrative hearing, such a. request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission. request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B-282..l(b) were wrongfully applied to the detriment of the petitioner; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation was inadvertent or a result of an accident; whether the violator had been. assessed civil penalties for any previous violations: or whether payment of the civil penalty will prevent payrnent for the remaining necessary remedial. actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental. Management Commission's Committee on Civil Penalty .Remissions (Committee)„ Please be advised. that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form. within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "justification for Remission Request." Both forms should be submitted to the following address: Point Source Con:tpliance Enfor-cement Unit Division of Water Quality 161.7 Mail Service Center Raleigh, North Carolina 27699-1617 OR file a petition for an administrative hearing 'ith the Office of Adrninistrative 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 Hearin 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 Administ te 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 § 15OB .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 o-f Administrative Hearings with all questions regarding the filing fee andior the details of th.e 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 One (1) copy of the petition must also be served on DFNR as follows: Mary Penny Thompson, General Counsel DENR. 1601 Mail Service Center Raleigh. NC 27699-1601 Please indicate the case nu be (as found on page one of this n the petition.. 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. 1f the violations are of a continuing. nature, not related to operation and.`or maintenance problems, and you anticipate remedial construction activities: then you may wish to consider apple ing for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent lease contact the Water Quality Section staff of the iVio•or sv ille Regional Office at (704) 663-1699. Pt is' ,(0c( (Date) ATTACF a E TS Robert B Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality eater Quality Regional Supervisor w' attachments Compliance/Enforcement File w,i attachments Central Files w/ attachments ATTACHMENT A CASE NO. Vµ 0-0 Outfat Paramete Reported V Pern.itrl 001 ROB > 65 rng 1* 46 0 gL (Deily maximum) Denot s cis°il p i a assessment STATE OF NORTH CAROLINA COICOLLNTY OF CAA TON IN THE MATAFF . OF ASSESSNIEN OF CIVIL PENALTY AGAINST CITY OF HIM{ SHOALS PI RNIINa I Ct.O° 2940 :l FP, I T IF.I T OF ENVIRONMENT + NME' T D NATLRAL RESOURCES ` .I `ER OF RIGHT TO AN ADMINISTRATIVE HE ARIN STIPULATION OF FACTS FIII- " L\' 2pp -0405 AND Having been assessed t i it pet ttltie totaling Sj83.71 fir -iol .tion{ se`t forth' n the assessment document of the Di lsion of "titer t t al'by dated Novi °c b r 1 2099, the undersigned,. desiring to seek remission of the civil penalties, does herebyair e the right toan administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned ned further understands that all evidence ce presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality . tsithin 30 days off 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 ADDRESS TFLF.FHONJ 2009 JUSTIFICATION FOR RE IS DWQ Case Number: LV-2009-0405 Assessed Party: City of High. Shoals County: Gaston Permit Number: NC0072940 Amount Assessed: S183.71 0 LEST Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Rerrtission, Waiver of Right to an Administrative Hearing, and Stipulation or 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. § 1.43B-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 rorri tiv abated eontinuin environrrrental darnaae resiiltin from the violation (i.e.: explain the steps that you took to correct the violation and prevent- JiLure 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 anv previous violations; e) pav=m.ent of the civil penalty wall prevent payment for the remaining necessary remedial actions (Le., explain how payment cif the civil penalty will prevent you from performing the activities necessary to achieve compliance), EXPLANATION: (use additional pages as necessary) Violator: Facility: County: Case Number: NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS The City of High Shoals State Street WWTP Gaston LV-2009-0405 Permit Number: NC0072940 1) The degree and extent of harm to the natural r urces of the State, to the public health, or to private property resulting from the violation; The BOD concentration of >65 mg/L on 8/18/09 exceeded the weekly average limit of 45,0 mg/L since only one sample was collected during the week. SO 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 44,4% for the week ending 8/22/09. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as an in -stream toxicant by the State of North Carolina since BOD is an oxygen -consuming waste; increased concentrations could reduce the arnount of oxygen available to aquatic organisms, 4) The cost of rectifying the damage; The cost is unknown, 5) The arnount of money saved by non mpliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division has no evidence that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 23 other CPAs against the City of High Shoals for their State Street WWTP during the life of the permit with no CPAs having been issued in the past twelve months. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. RO Supervisor, Division of Wate ua MONITORING REPORT(MR) VIOLATIONS for: PERMIT: NC0072940 FACILITY: City of High Shoals - State Street WWTP COUNTY: Gaston Report Date. 11/Q2/09 Page. 11 of 25 yetv9,"00****015,,,stost,,,A01,,,ft,,,,-4,0 Vfoll qa R " REGION: Mooresville Limit Violation MONITORING OUTFALL / REPORT PP 1 LOCATION PARAMETER DATE FREQUENCY 08 .2009 001 Effluent BOD, 5-Day (20 Deg C) - Concentration VIOLATION 08/22/09 2 X month UNI r OF MEASURE mg/I PERMIT: NC0074799 FACILITY: Pines Mobile Home Park - Pines Mobile Home Park LIMIT CALCULATED 'll; VALUE VIOI„ATION TYPE VIOLATION ACTION 45 65 ei Weekly Average Exceeded None -74: COUNTY: Gaston REGION: Mooresville Limit Violation MONITORING OUTFAL1 VIOLATION UNIT OE CALCULATED REPORT PP1 L OCA"TION PARAMETER DATE FREQUENCY MEASURE i VALUE VIOLATION 1 `WE VIOLATION ACI ION 08 .2009 001 Effluent. BOD, 5-Day (20 Deg, .C) 08/13/09 2 X month rogil 7.5, 21 Daily Maximum Exceeded None Concentration 08 -2009 001 Effluent BOD, 5-Day (20 Deg, C) 08/25/09 2 ,X month mg/I 7,5 11 Daily Maximum Exceeded Nune Concentration 08 -2009 001 Effluent BOD, 5-Day (20 Deg, C) 08/31/09 2 X month mg/I 5 16 Monthly Average Exceede,d None Concentration 08-2009 001 Effluent Nitrogen, Ammonia Total (as 08/25/09 2 X month mg/I 10 15,7 Daily Maximum Exceeded None N) - Concentration 08 -2009 001 Effluent Nitrogen, Ammonia Total (as 08/31/09 2 X month mg/I 11 18 Monthly Average Exceeded None N) - Concentration orth Caro Beverly Eaves Perdue Governor NCDENR o�na Department of Environment and Natural Resources Division of Water Quality Coieen H. Sullins Director July 1, 200 The l lonorable. roan W"eel ley. Mayor. City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Compliance 17<tltlati�lrt lraspe.ti State. Street 'NP.DES Permit No. NCCCi0729h40 Gaston County, N.C. ekley: ed is a copy of the CCotxrllliarlce It `alelation 1 on June 10. ?ffCt lift 'lr. des Bell of" Operator -in -Responsible Charge of our fiindin s by forward]. discrepan attached report. A l l oc c o, is Office. Please i. subrtlitted to this CJffrce by July' 22 lied in the Disinfect -Tablet and Decl lorrnati n responding t this report, please addr ort sh please do not hesit tee to contact Enclosure: Inspeetio Report cc: t:laston County` Health Departn 3 . Bell at Si { t:t Dee Free Seca oaf the attention of Ms. Marcia :ever slrc txlcl von have questions concerning 663-16 9, Robert B. l .rebs Surf rcc. Wester ProteTonal Super\ isor Mooresville Regional Office Vocation: 610 East Center Ave., Suite 301 Moot svifle, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 + Customer Service' 1-8 7-623.6748 trtternet: www.cwaterquality arg An Equal Opportunity t Affirmative Action Ernpeyer ... 50% Recycled/1 O „ Post Cotsurner ?aper One Nort iCarolina turaf/j EPA Transactis.}n Code �J 2 U 3I11iTC,. . ,44„: 51ate environmental Prot ttcn Agenc Washington. D C 20460 ater Compliance Inspection Report NPDES A: National Data System Coding (i,e , PCS) yrlmolday 121 Remarks 11111 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 1.0 701 72 Frsarn Approved DMR No. 2040-0057 Approval expires 6-31-98 Inspection Type Inspector Fac E1`ype 181 _' 17 :I 20LJ 731 1 I 74 751 1 1 1 1 1 1 1t1u ion R F a Name and Location of Factlrty Inspected (For Industri POTW name and NPDES Serrnit Number) Users discharging to POTW, also include Narne(s) of Clnsrfe Representative(s)/Titles(s)CPflc+ne and Fax Nurnber{S) mr, Address of Respu nsible Cffucia(ITitlelPbone and Fax Number Perm Se(f_Monitofing Program In Laboratory >ection C Sury eaf Findi (See attachment summary) Names) and Signature(s,) of p 1141, Alt ;n ur f Management «D A Reviewe EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete, Shoals NC 2 "/Ma rr704 5: .51 ion 0: Areas E' alsaated During tnspectio¢ Flow Measurement fudge Handling Disp©s A Entry Time/Date 01 .1 17 099./06/10 Per, ate xit Tirne/Date o9/tl6/19 Facl(ty' Da heck only those areas evaluated) Permit Expiration Date 06a 01 111 Operations & Maintenance Records/Reports, FaciDity Site Review $ Effluent/Receiving Waters heets raf narrative and the Agency/Office/ ax Numbers Agency/Office/Phone and Fax Numbers 1700 14Q.1. r04..662..., Date Page # NPDES tEc 1 Sumrr a yrtmolday Inspect Type rrr 3ng/Co ra^ ra rats };attach additional Sheets of narrativ an ^t as his aS rg Permit: NC0072940 Owner - Facility: State Street IddifilF, inspection Date: C611012G09 inspection Type: Comphance Evareadon Rermit Of the present permit expires 6 months or less). Has the permtee submIted a new appIicatord? Is the facildy as described In Me permit? # Are there any special. condItions for the permq? Is access to the plant &de restricted to the generaI public? the Inspector granted access to all areas for mspechon? Comment: The Division issued a perndt modification on 11/23/05 regarding the inclusion of the 851itie removai efficiencies for SOD and TSS (POTW requirement), The subject permit expires on 7/31110. Record Keeping Are records kept and maintained as required by the permit? Is all reqwred nformation reathly ava0abIe, comrdete and current? Are all records mamtamed for 3 years (Iab reg required 5 years)? Are analytical resufts onnsstent wtth data reported on DMRs3 Os the. chEdn-oidcustody complete'? Dates. tf mes and Iocation of sampling Name of Indhodual performmg the sampling Results of analyss and hafibratInn Dates of analyss Name of person performing arfayses Transported COCs Are [MR s complete do they mclude alI perm4 parameters? Has the facfhty submitted ts annual comphance report to users and DWQo (If the facility Is s or :3 5 MGD permitted flow) Do they operate 24/7 \iith a cetfied operator on each shIff3 Is the C visaaton log adalable. and current? Is the ORC oeritfied at grade equal to or Mgher than the "dandify classdloation3 Is the backup cperator certified at one grade fess dr greater than the fandIfty plassdicaton? Is a copy of the current NFL permit ava4aole sde3 Fac101y has copy of prevIcus yeans AnnuaI Renod on fie for revkaw3 Yes No NA NE n a 1-1 ▪ ri n n ri • 000 n Yes No NA NE • n n rt n n ▪ ri nnn 11 n 000 n n n n n n nnn Page Permit: NC0072940 Owner - FacJity State Street VATP. Inspection Date: Cr11072009 Inspection Type: Corripliare Evaluaticin Record Keeping Comment The records were organized and well maintained. The facility staff must ensure all sludge records (5 years minimum) are readily accessible for inspection, Discharge Monitoring Reports (Dtv1Rs) were reviewed for the period April 08 through March 09. A weekly average effluent BOD violation was reported in September 09. The Division has previously addressed this limit violation by the issuance of an NOV. The facility did not achieve the 85'Yo removal efficiency for BOD in September 09„ The ORC and staff must ensure of the following: all visitations are documented on the DMR (June 08, August 08, September 08, October 08, November 08, and December 08), the dates and times samples are relinquished are documented on the chain of custody forms, and the sample type (Grab) is accurately documented on the DMRs (ammonia). Note: The ORC had properly documented all visitations in the maintenance/visitation log book. Laboratory Are field parameters performed by certified personnel or laboratory2 Are a"otherparameters(excluding field parameters) perforrned by a certified tat? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+1- 0 2 degrees? Incubator (BOD) set to 20 0 degrees Celsius +I- 1.0 degrees? Comment. On -site field analyses (pH, total residual chlorine, temperature) were being performed under laboratory certification #5130 K & W Laboratories (Certification #559) has also been contracted to provide analytical supPort. The laboratory instrumentation used for field analyses appeared to be properly calibrated (and documented). Influent Sarripliu # Is composite sampling flow proportional? Is sample collected above slide streams? Is proper volume collected? Is the tubing clear? # Is proper temperature set for s mpie stora,7e (kept a' less than or equal to 6„0 degrees Celsius)? Is sampnq performed according to the permit? Comment, The subject permit requires influent grab samples. Effluent Is composite sampling flo)N proporttonal? Is ,sample collected below ail treatment units? Is proper volume collected'? Yes No NA NE Yes No NA NE N 11 U rl INC)00 ▪ n n N rinn 00a0 n nmin Yes No NA NE n riNn N nnn annn n nan n na N nnn Yes No NA NE n rion annn N Eln n Page # 4 Permit: NIC00729140 Owner - State Street liWiTP Inspection Date) 06110/2009 Inspection Type: Compliance Evaluation Effluent Sarnplin2 IS the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6,0 degrees Celsius)? Is the facility sampling performed' as required by the permit (frequency, sampling type representative)? Comment: The subject permit requires effluent grab samples, Operations & Maintenance Is the plant generally clean with acceptable housekee-Plfillg? Yes No NA NE Yes No NA NE n n Does the facility' analyzeprocess control parame.ters, fcr ex: MLSS, MORT, Settleable Solids, pH, DO, .Sludge. nnon Judge, and other that are. applicable? Comment: The facility appeared to be properly operated and adequately treating the wastewater at the time of the inspection, Process control measurements performed by the ORC include residual chlorine monitoring (chlorine contact chamber) and sludge bianket levels (septic tank), Septic Tank (If pump'sare used) Is an audible. and visual alarm .operationai? Is septic, tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating proper(y? Comment: The facility is equipped with two septic tank/dosing tank trains however, the ORC continues to combine both septic tank effluents into one dosing tank Only one dosing tank system is fully operational and severe deterioration can be observed one of the septic tanks (low flow train) Sodium bicarbonate and microbial supplements are added by the ORC to maintain the facility's treatment efficiency, FlowMeasurernent InfIuent # Is flow meter used for reporting? is to meter calibrated annually'? Is the flow meter operational? Of units are separated) Does the chart recorder match, the flow rnete.r? Comment. Instantaneous influent flows are measured by a dose counter ((2500 gallons per dose), Sand Filters (ow ra e Or pumps are used) is an audible and sisvisible alarm Present and operational? Is the 'distribution box level and watertight? Is sand filter free of p,oriding? is the sand 'filter effluent ce-circ ated at a valid rat10? Yes No NA NE 00.0 • n n O *00 n ninn Yes No NA NE n n N nnan O 0.0 El ri n Yes No NA NE n n n • 0 0 0 n El • El Page # 5 Permit: tia2940 Owner - Faciloty; state Street''`: Vt:P bnspection Date: 1761' 2 C9 Inspection Type. Cennpleance Ev°ahratlon Sand Filters (Ow rate} # is the sand filter surface free ,offalgae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: The facility was not dosing at the time of the inspection. The facility is equipped with four sand filter beds, however, all influent wastewater is dosed onto two filter beds (alternated periodically) The on-line filter beds appeared to be properly maintained. The two remaining filter beds are mainly used during high rainfall events_ An accumulation of clay/soil was observed on one of the beds as a result of recent rainfall events. The Town staff must continue inspections and maintenance to the collection system to reduce the infiltration & inflow problems attributed to rainfall events. Disinfection -Tablet Are tablet chlohnatars opera coal? Are the tablets the proper size and type? Number o'€tubes in use? Is the Eevel of chlorine resi r al acceptable? &s the ontact chamber free cf growth, or sludge 'buildup? I's there chlorrne residual prior to de-ohlarrnatron`) Comment: An entrance structure (such as steps) should be constructed/installed to ensure a safe access into the tablet chlorination chamber. De -chlorination Type of system ? Is the feed ratio proportional to amount " E is storage appropriate for oyt,nders`' # Is de-chlo,Inaton substance stored away from chlorine containers? Comment: ,are the tablets the proper—, e and type`' Are tablet de--ch6crinatars oper'aticoal? Number of tubes in rise? Comment. The dechlorination t<fnit is located inside the effluent pump station wet well. There are no safeguards (safety railing/harness system, etc.) being provided for the facility staff during their routine maintenance/'inspection activities on the dechlorination ua it and effluent pump system. Pump Station - Effluent Is the pump wet well free of bypass lines or structures'? Are all pumps present? Yes No NA NE ■nnn ■ n■n Yes No NA. NE ■ nnn ■ nnn 4 ■ nnn ■ nnn ■ nnn Yes No NA NE Tartlet ■ nnn nn■n ■ nnn ■ nnn ■ nnn 4 Ye No NA NE ■ 0 0 0 ■ nnn Page # Permit NlO1107 Street t, »`T Inspection Date: Off ,0Ed Inspec Pump Station - Effluent Are all pumps operable? Are float controls operabe'; CADA telerr et y a ar,a:°le ar d b eratie a'", is audbie and u,sud a ana:aie and uperationa ` re Ew36 t i Comment. See also "[ Dechlorination Section" regarding the safety concerns for fire factiityr staff. Effluent Pipe is ring t f way try tl e unap r parr mair,tamer Are the repeivsng ter fee of ,,pare piper than trace a u ;nis and atn debris? ifeffluent t affuser tripes a required) are they operat ng praperly Comment' The effluent the pump station wet well appeared clear with no fcaan Traces of dechlorination tablets were observed in the wet well. The ORS rrlust ensure these suspended particulates are removed and properly disposed_ Yes No NA NE ▪ n n n o nnn rims 0 • nnn Yes No NA NE n n ▪ nn nn 0 age# MAYOR Dan Weekley CITN1 017...HIGH SHOALS: .. P(14 OfficgcBbix High ....Shoo1s,, ,28017 ...Phone ; (7.04) 73521,B51. Fax (704.)7735115595 NCDENR. 616.E.. Center .Ave Ste2301. AlootesvilItt, NC :28115 Re: Compliance Evaluation Inspection State Street WWTP NPDES Permit #NC0072940 Gaston County, NC Also :AllooCM CI,ERK (a.MC 2 This letter is in reference to the above mentioned inspection report, dated July 1. 2009, specifically in regards to disinfection tablet and dechlorination located on page 6 of this report. I have spoken with Ads. Kathy Rhyne, council member over wastewater concerning these issues and we have placed this on the agenda Int. the August meeting at which time we will eek approval of council to make the necessary improvements to be in compliance with this report I will inform you and also Mr, We Bell of council's method for compliance. )an Weekley ul = 21, 0l09 CITY OF HIGH SHO2ALS Past. Office Box t High Shoals, NC 2807, Phone: (i 0 7 a -1 e Fax: 7 -wi 11ar.rciaa A1locco C.E.: I i i itrrr e. "at r• Qua • 61 . . tenter•Area Stec 3 1 oorsville . ` •215 1aea,aie valtin•:laic°tiexa .River StiStreet INTP NP E 1 er mit #NC002414 aag:ton `ounty; C Dear i'I;. linnet): •Thi2 ett r•is ira a t fhrene tt they ahoy 1uly ?fi ftll, Irt1cificaal gin r°t aard to lcacaafed on laaa of tha7 r°elrca• r°t ned inspeetioi re' orted ntl filter and disinle c%tien t -ihl I hay( spoken with Nis. 1.aathy Rhyn -truracil. rrrtyrnl ear over° concerning the e i u s and we have pI icod this on the agenda for the August meeting at which time we will seek aalr rrt,v.l of council to aarake the necessary anpr•cr ,ements to tie in eoin liaarl e with this report, arnd also l .Ball o et trtrci tiaa° c trip hear c ANNUAL WASTEWATER REPORT 2008 The City of High Shoals is pleased to present this report as a reflection of the progress we have made concerning the treatment of wastewater collected here in our community. Mr. Randy Russell is the City's Wastewater Plant(s), Operator in Responsible Charge, (ORC). Mr. Russell is a Grade III Biological Operator as certified by the State of North Carolina. If you have any questions concerning this report he may be contacted at (704)735-1651. The city of High Shoals has successfully maintained all six sanitary sand filters during 2008. Plans and specification for a new water reclamation plant have been submitted to the Construction Grants and Loans Section of NCDWQ for approval. Some sewer video works was done of the Collection System. The City of High Shoals' Collection System is "DEEMED PERMITTED" and is subject to full enforcement of the WQ Permit regulations. There were no Sanitary Sewer Overflows during this compliance period. Copies of thi report are available at Tawnliall. The water meter readers will distribute to customers. State Street Plant NC0072940 State Street, High Shoals, North Carolina General Information: The State Street Wastewater Plant consist of two septic tanks, two dosing tanks and four sanitary sand filters. Treated effluent is chlorinated and de - chlorinated to be returned to the South Fork River. 2. Performance: Violations include: September, 2008 BOD weekly Est. > 65 River Street PIant NC0024155 River Street Extension High Shoals, North Carolina 1. General Information: The River Street Wastewater Plant Consist of one sentic tank, one dosing tank and two sanitary filters. effluent is chlorinated and de -chlorinated to be the South Fork River. 2. Performance: Violations include: March 2008, Est. > 600 Feca po ID R WATER OLIALIIY NT SOURCE BRANCH The abowe referenced violations resulted in o known environmental impact. L, SPECIAL NOTE: Please use Septic Tank Approved Toilet Tissue in vo,ur hDoWmQeasS.UrTfahCaenVktuP.1"'-"3n Fats, Oils, and Grease's, (FOG's) ttr an effort to reduce the potential for Sanitary Sewer Overflows,(SSO's) the Public Works Staff of The City of High ghosts, N.C. has compiled the following information to help educate our water and sewer customer concerning the best management practice for the disposal of household Fab, Oils .end Greases, (FOG's). Each year thousand of gallons of unfrosted sewage are spilled from collection systems throughout the state off North Carolina because of poor management practices In commercial as well as residential disposal of FOG's. FOG's introduced to sanitary sewers will result in substantial accumulation to the point of blockage and result in overflow of untreated sewage. Each reported SSO could result In our community being fined by the Division of Water Quality. Those fines as cost to the Utility must be paid from user fees. It is the goal of the The City of High Shoals to have no SSO's to report from our collection system. This will be possible only with the help of our customers. Your cooperation will be appreciated. If you have any question pleases contact Mr. Randy Russell, or Berth Usery (704)735-1651 DID YOU KNOW...? Most sanitary sewer backups occur between your home and the town's sewer main? You can help prevent a costly and unsanitary overflow by following slew simple steps: Promote the concept of • Pour fats, oils and • Use toilet as a waste • Use the sewer es a means of d • • • DO... and dispose of it as solid waste In the garbage. or garbage begs for disposal with solid waste, or start a compost pile. dispose of solid waste, disposable diapers, condoms and personal hygiene Reuse, and Recycle. DO NOT... the drain. food. HOW TO DISPOSE OF GREASE Allow to cool. Use a container with a lid. Pour the cooled oil or grease Into container.. Place lid on container. Scrape or wipe cookware using paper towel or spatula Into garbage before washing. As required under the Clean Water Act of 1999, House Bill 1160 which was signed into law on July 21, 1999,1 certify that the information in this report is accurate to the best of my knowledge. Raptly Russells CR;;"'' ity of Hi als, North Carolina: c. .. -2 .0 Date City of High Shoals, North Carolina 101 Thompkins Street High Shoals, North Carolina 28077 h a, Smoke testing in High Shoals, Surn 200 nl NR - VATR Q(J LITY POINT NCH WASTEWATER REPORT January 1, 2008 December 31 2008 lit Fiaverly Eaves Perdue, Gc crnn Dee Freeman, Secretary Secretary 1\:cyrth. Caroli.na Department of Environment and Naturai Resources CoAcen. H. Su11ins, Dirr:oro.r DIvision fWaiter Quality January 28, 2009 CERTIFIED MAIL #7007 1490 0004 4510 1698 RETURN RECEIPT REQUESTED The Honorable Dan Weekley, Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject. Notice of Violation - Effluent Limitation Tracking #: NOV-2009-LV-0031 State Street WWTP NPDES Permit No. NC0072940 Gaston County Dear Mayor Weekley: A review of the September 2008 self -monitoring report for the subject facility reveaed a violation of the following parameter at Outfall 001: Date Parameter Reported Value Permit Limit Week ending 9/6/08 Biological Oxygen Demand > 65.0 mg/L 45,0 mg/L (Weekly average) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation for the noted effluent limit violation, it is not requested that a response be submitted, however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Ms, Marcia Allocco, The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Ms, Allocco or me at 704/663-1699, cc, Point Source Branch Gaston County Health Department MA P0A NCDENR Sincerely, f< Robert B. Krebs Regional Supervisor Surface Water Protection 7anf Np.vt.h.Caralina attlraily Mouresvil1e Regional Office tsion t Water Quality. www,newateriRraiitx L. 610 East Center Ave, Salve 301 Mooresville, NC 281.15 Phone. 76,1-66;31699 Customer Service, Fax 704 -661i--6040 1,-877-623-6748. ,An Equal OppotirintylArmative Acton Employer 5,0% ReviceditC% Post Consumer Paper Mooresville Regional Of 610 East Center Ave. Mooresville, NC 2 115 (Courier 09-09-06) To Vrhom It May Concern: This letter i IA inf`om i you in writing, in ae or an e , tl t 1 am no loner the Back -Up Operator In R sponsibl for the f it r of High Shoals in High Shoals, North Carolina. Tl January 16, 2009. "e following permits should be affected by y NC0024155 .i•er Street WWTP Ste Sneet W NC088374 River Street WWTP at d license numbers CS-2 991657 VVW-1 15469 d b 15A NCAC 0►,020 charge (Back- o ORC) .0 ange is in effect as of this change: If you have any questo s gar co`; talents please contact me at y^ hoti — 8668, Sincerely. Olan C. Henders Chase Drive Iron Station,; 28080 r� at ber (704) 732 tv1khaet F Eiskv, Governor William G. Ross Jr , Secretary North Carolina Department of F.n vironment and Natural Resources August 12, 2008 The Honorable Dan Weekley City of High Shoals P. O. Box 6 High Shoals, NC 28077 Subject: Summary of July 30, 2008 Meeting City of High Shoals River Street & State Street WWTPs NPDES Permits NC0024155 & NC0072940 Gaston County Case Numbers PC-2006-0022 & PC-2006-0025 Dear Mayor Weekley: Coital H. Sullins, Director Division of Water Quality NCDEMO NR DWQ-Surface Wale!' Proie,,„ von This letter is to acknowledge the meeting between you, City Clerk Ms, Beth Usery, and Attorney at Law Mr. James C. Windham, Jr., representing the City of High Shoals, and staff from the Division of Water Quality (DWQ). This meeting was held on July 30, 2008, in DWQ's Mooresville Regional Office. Although this meeting was originally arranged to discuss a potential settlement of outstanding civil penalties assessed against the City for deficiencies in its wastewater treatment program, discussion moved from that specific topic to matters surrounding the City's plans to meet future wastewater treatment needs. Among the topics discussed were anticipated population growth, expansion of the City's wastewater treatment services to meet the needs of a growing population, and the potential for raising sufficient revenue to fund those services. At present, plans presented by the City call for the construction of a new wastewater treatment plant adjacent to its existing River Street WWTP, with discharge of treated wastewater to the South Fork Catawba River. Following construction, both of the existing WWTPs will be removed from service and their discharges eliminated, During our meeting, all parties participated in a frank discussion regarding both the benefits and potential liabilities of a small municipality operating a package -type wastewater treatment facility„ From there the discussion moved to a similar examination of the pros and cons for connection to a larger municipality for treatment of the City's wastewater. The City was encouraged to take a closer look at each of its options: to discuss with its engineer the status of the expansion project, and to discuss with nearby wastewater treatment providers the potential for interconnection, including the cost of connection and service rates. The City was also encouraged to continue discussions with representatives of municipalities that have faced similar circumstances, so it might gain from their experience. Following its evaluation of viable options, the City must make a decision in its own best interest as to which path it will choose. The City was advised to waste little time in this evaluation in order to ensure that the availability of existing funding for wastewater treatment improvements is in no way jeopardized.. Nkthearolina Aaturally North Carolina Division of Water Quality 1.617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 (Werner uiviw.nevvateroktatitv.ore, Location. 512 N„ Salisbury St. Raleigh, NC 2764.4 Fax (919)807-6496 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Customer Service 1-877-6234)748 Mayor Dan Weekley City of High Shoals p. 2 Another reason prompt action needs to be taken in these matters is the condition of the existing. wastewater treatment plants. While DWQ is pleased to see the improvements made at the City's WWTPs and in their operation, it is recognized the plants are aging and in need of continual observation and maintenance to make sure they perform in compliance with permit conditions. The sooner the City can move to more reliable treatment facilities, the sooner it will lessen its chances of receiving enforcement actions such as those that brought us to this point. With regard to the outstanding penalties, DWQ remains of the opinion they were justified and fairly assessed. The Division is also aware of the City's financial circumstances and the hardship that payment of the penalties may bring to its customers. DWQ is willing to consider a settlement resulting in a substantial reduction of the assessed penalties; however, any such settlement will be conditional upon the City making swift and tangible progress toward making its decision on how it will serve future wastewater treatment needs. In a demonstration of its commitment to making such progress, the City volunteered to provide the Mooresville Regional Office with monthly reports describing the actions it has taken in its investigation, evaluation, and deliberation of these matters. The Division left the meeting very encouraged by your statements as to the City's desire to fully address these difficult issues and your own willingness to provide the leadership and motivation that will help bring about their resolution. Our Central Office and the Mooresville Regional Office stand ready to provide whatever assistance we can offer in order that we might see the achievement of our common goals. If you have any questions about this let bob.sledge@nctnail.net. cc: Mooresville Regional Office NPDES Files Central Files James C. Windham, .fr., Esq. please contact me a Sincerely, 919 07-6398, or via e-mail a Bob Sledge, Environmental Specialist. Point Source Branch The Honorable Dan Weekley, ay4c. City of High Shoals Post Office Box 6 High Shoals, North Carolina 280'77 Dear Mayor ckley: Enclosed is a copy a conducted at the subject faci the facility's ( )perator-in-Respo enclosed report_ con. 663 c: The ruing 69'9. William 0, Ross Jr, Seere nmeatt and Natural Resou n f-L sulhas, April 2 . 200 Cornpliaricc Evaluation inspection State Street WWTP NPI)ES Permit No, NC0072940 Gaston County. N.C. npliancc Evaluation Inspection Report for the inspection April 17, 2008 by Mr, Wes Bell of this Office. Please forr le Charge of our findings by forwarding a copy of the ection report should be self=explanatory; however, should you have questions report, please do not hesitate to contact Mrs. Allocco, tlr. Bell, or me at (704) y Health 1. epart. Sincerely, Robert 13 l rebs Surface \Writer Protection Regional Supervisor Niooresv'ille Regional 1 h lernet: vv+www.nu v=tter Phcn tiq-€�y.-1t5 e, NC 28115 rr.x ?I?,i yit', i t0 Customer Service 1.577-623.6748 An Equal Opportunity/Affirmative Action Employer— 5 i Recycled/10% Past Consume( paper EPA Transaction Code 1 NI 2 21 Inspection Work Days 671 1 . I 69 United States Environmental Protection Agency Washington, D C 2460 Water Compliance Inspection Report Section A, National Data System Ceding (re PCS) NPDES N00072940 I" Form Approved OMB No 2040-0097 Approval expires 8-31-98 yr-Imo/day Inspection Type Inspector Fac Type ru,1/04/17 17 2 I 18Ici 191 201 I Remarks Facility Self -Monitoring Evaluation Rating E31 701 ,71ttj Section B: Fa QA 2 t7 Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) State Street WWTP State St 1High Shoals NC 28077 Name(s) of Onsite Represeritative(s)/Titles(s)/Phone and Fax Number(s) Dan Weekley6Mayor6734-753-1651 Randy 1 Russell/M:66 Name, Address of Responsible Official/Title/Phone and Fax Number Dam Weekley,P0 Box 6 High Shoals N 28077/Maygr6704-763-16516 Contacted Yes 731 I 174 71 I Entry Time/Dale 10:22 AM 08004/17 Exit Time/Date 01:16 PM 08/04/17 Other Facility Data Section C Areas Evaluated During Inspection (Check only those areas evaluated) Permit Effective Date 05/08/01 Permit Expiration Date In Permit Flow Measurement • Operations 8.. Maintenance Records/Reports 1111 Self -Monitoring Program Sludge Handling Disposal II Facility Site Review Laboratory Section D: Summary of FindincilCoi ents (Attach additional sheets of narrative and checklists as necessary) ell107/31 (See attachment summary) llEffluent/Receiving Waters Name(s) and Signature(s) of Ins ec Agency/OfficelPhone and Fax Numbers wesley N Bell 1410 4dV/704-663-1699 Ext:2192/ Date Signature of Managemerit Q A Reviewer Agency/OfficePhone and Fax Numbers Margi ,o -ARO W00/7046663-1699 Ext:2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # NPDES yr/ me 'day Inspection Type n Of Summary of kinding7 arryments (Attach additional rats of n, athie and checklists as necessary) rat RECORD KEEPING SYSTEM cont'd The ORC must ensure all future DMRs include the following documental on/corrections sample times for all influent results. ail sample types be listed as "t" to designate grab samples; - removal of the listed ammonia and dissolved oxygen limits (none required) The ORC must ensure the process control testing (sludge blanket measurements, , TRC values prior to dechlorination, etc.), arrival times, times on -site, and any operation and maintenance activities performed at this facility are properly documented. Permit: NC007294( Owner - Facility: State afreshMTP Inspection Date: 04/17/2008 Inspection Type: Compliance Evaluation Permit Ys No NA NE (If the present permit expires in 6 months or less) Has the permefee submitted a new application)? 00n0 Is the facility as described in the permit? n000 # Are there any special conditions for me permit? 0000 Is access to the plant site restricted to the general public? *000 Is the inspector granted access to all areas for inspection? N000 Comment: Rqc..00KeePit19 Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab. reg. required 5 years)? Are analytical results consistent with data reported on DMRs? ts the chaimeftrustedy complete? Dates, times and location of sampling Name of individual performing the sampling ResUits of analysis and calibration Dates of analysis Name of person performing analyses Yes No NA _NE N 000 n 000 Onn0 n 000 N 000 Transported COCs Are DMRs complebe. do they include all permit parameters? Has the facility submitted Its annual compliance report to users and DVVQ? Of the facility is s or > 5 MGR permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log ,available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous years Annual Report on file for review? n 000 n 000 00n0 000 N O0E3 N OOD N O00 000 Page # Permit: NC-0072940 Inspection Date: 04117/2008 Owner - Facility: State Street VONTP Inspection Type: Compbance Evaluation Record Keeping Comment: DMRs were reviewed for the period January 07 through December 07. Weekly and monthly average effluent BOD violations were reported in February 07 (2-total). Weekly average effluent fecal coliform violations were reported in March 07 (1-total), April 07 (1-total), and May 07 (2-total). A monthly average flow violation was reported in March 07. The Division has separately addressed the above -noted violations by the issuances of either NOVs or NOV/civil penalty assessments. The records were organized and well maintained, See "Summary" Section for additional comments. Laboratory Are field parameters performed by certified personnel or laboratory? Are at other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? Is proper temperature set for sample storage (kept at 1.0 to 4,4 degrees Celsius)? ncubator (Fecal Coliform) set to 44.5 degrees Ceisius+/- 0,2 degrees? Incubator (BOD) set to 20„0 degrees Celsius +1- 1 0 degrees? Comment: On -site field analyses are performed under laboratory certification #5130 (City of High Shoals). K & W Laboratories (Certification #559) has also been contracted to provide analytical support. The laboratory instrumentation utilized for field analyses appeared to be properly calibrated, The laboratory records were organized and well maintained, Influent Sampling # Is composite sampling flow proportional? Is sample collected above side streams? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1 0 to 4.4 degrees Celsius)? Is sampling performed according to the permit? Comment: Effluent Sampling Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1 0 to 4 4 degrees Celsius)? Yes No NA NE Yes No NA NE onnn o nnn sOCIO DD•D O 0•0 O 0•0 Yes No NA NE O 0 • 0 • 0 0 • 000 0 0•0 O 0•C1 • 000 Yes No NA NE DOND m000 o no 11 O DUU OD•0 Page # 4 Permit: NC0072940 Owner - Facility: State Street lAiltv'll? Inspection Date: 0411712008 Inspection Type: Compliance Evaluation Effluent Samplig Yes No NA NE Is the facility sampling performed as required by the permit (frequency, sampling type representative)? annn Comment: The ORC must ensure all effluent fecal coliform samples are collected in a sterilized container. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? anD00 Does the facilityanalyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 • 0 Judge, and other that are applicable? Comment: The operation and maintenance of this treatment system continues to improve, The facility staff have installed stormwater diversions and repaired sections of the concrete block wall (bordering the filter bed system), Sodium bicarbonate and microbial supplements are added to the septic tank to enhance the facility's treatment efficiency, Flow Measurement - Influent # Is flow meter used for reporting? Is flow meter calibrated annually? Is the flow meter operational? (If units are separated) Does the chart recorder match the fow meter? Comment: Instantaneous influent flows are measured by a dose counter (2500 gallons per dose), Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? 0 n • n Is septic tank pumped on a schedule? 000D. Are pumps or syphons operating properly? • 0 0 0 Are high and low water alarms operating properly? 0 0 • 0 Comment: The facility staff are currently using both septic tank trains; however, both septic tank effluents are being diverted through one dosing tank. The ORC measures the sludge blanket level in the septic tank on a monthly basis. Stanley Septic Tank Service has been contracted to remove the septic tank sludge on an as -needed basis. Sand Filters (Low (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight.? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive veg 'on? Yes No NA NE • 0 • 0 0 0 • n DORD O nan Yes No NA NE O 0 • 0 u 000 mOnn n0•17 • 0001 Page # Permit; NO0072940 Owner°<Facility: State Street VA: P Inspection Date: 04117/2008 Inspection Type: Compliance Evaluation Sand Filters (Low rate) # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: The facility staff are currently utilizing two of four filter beds. The facility was not dosing at the time of the inspection, The ORC must ensure all dried solids and any "spent" sand (in the filter beds) are properly removed and disposed. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: De -chlorination 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? Are the tablets the proper size and type? Comment: The ORC is in the process of separating the chlorine tablets from the dechlorination tablets. Are tablet de -chlorinators operational? Number of tubes in use? Comment: Pump Station - Effluent Is the pump wet well free of bypass lines or structures? Are all pumps present? Are all pumps operable? Are float controls operable? Is SCADA telemetry available and operational? Is audible and visual alarm available and operational? Yes No NA NE n n■n Yes No NA NE N 0 0 0 ▪ n n n 4 • 000 • 000 ■ 0 ❑ 0 Yes No NA NE Tablet • 000 O ❑ * 0 O ■ 0 0 • 000 ■ ❑[in 2 Yes No NA NE ■ n 0 0 • 000 . 000 • 000 O 0•0 N orm Page # Permit: NE0072940 Owner - Facility. State Street wwrp Inspection Date. 04t17t 0 Inspection Type: (u pliar ce Evaluation Pump Station:Effluent Comment: The pipe vault (adjacent to the effluent pump station) is equipped with drainage system that is connected to the effluent pump station. This drainage pipe should be immediately sealed to prevent any water from draining back into the effluent pump station. Effluent Pipe rght of way to the outfaG1 properly rr aintalned? Are the receiving ate ee of foam other than trace arnaunts and other debris? If effluent (diffuser pipes are required) are they operating properly' Comment: The effluent appeared slightly turbid with no foam. The receiving stream was not evaluated at the time of the inspection. The facility staff must ensure the right-o wwy to the effluent outfall is properly maintained to allow inspections of the receiving stream: Yes No NA NE Yes No NA NE 0 Pape # DENNIS GILBERT CITY OF HIGH SHOALS POBOX6 HIGH SHOALS NC 28077 SUBJECT: Dear Mr. Gilbert: January 11, 2008 Der, r Coleen H. Sullins, Director Division of Water Quality Payment Acknowledgment Civil Penalty Assessment State Street WWTP Permit Number: NC0072940 Case Numbers: LV-2007-0490, LV-2007-0501, and LV-2008-0003 Gaston County This letter is to acknowledge receipt of check number 22545 in the amount of$9+1.67 received from you dated January 8, 2008. This payment satisfies in full the above civil assessments levied against the subject facility, and these cases have 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 Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Dina Sprinkle Enforcement File #: LV-2007-0490, LV-2 i7- 501, and LV-2008-0043 DWQ Mooresville Regional. Office Supervisor Central Files 1617 Mail Service Center Raleigh. MC 27699-1617 ts1 ) 7; -7015 Customer Service 1 800 623-7748 PAY` TO THE ORDER OF CITY OF HIGH SHOALS P,O. BOX 6 HIGH SHOALS, NC 28077 PROVISION FOR THE PAYMENT OF THIS CHECK HAS BEEN MAi APPROPRIATION DULY MADE, PURSUANT TO THE LOCAL GOVE BUDGET & FISCAL CONTROL ACT, Nine Hundred One ©Ohre and 67 Cents NCDENR DIV OF WATER QUALITY POINT SOURCE COMPLIANCE UNIT 1617 MAIL SERVICE CENTER, RALEIGH NC 27699-1617 P 66.486/53I 11'©2251,511' 1:0531048691: 5349331721 " 2264 22545 Michael F. 'Easley,. Gov Williarri G. Rags Jr,, Secretar North Carolina Department of Environment and Natural Resources Coleen Sullins, Director Division of Water Quality January 3, 2008 CERTIFIED MAIL 7006 2760 0001 8497 5479 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert,. Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 2.8077 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0072940 High Shoals State Street WWTP Gaston County Case No. LV-2008-0003 Dear Mayor Gilbert: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $283.89 ($200.00 civil penalty + $83.89 enforcement costs) against High Shoals. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for May 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0072940. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that High Shoals violated the terms, conditions, or requirements of NPDES Permit No. NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against High Shoals: NCC)ENR rss, C. Division of Water Quality, Mooresville Regional Office, 610 E, Center Ave. Suite 301, Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 200.00 200.00 89 283.89 For 2 of the two (2) violations of G.S. 143 - 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in. violation of the permit weekly average effluent limit for fecal coliform. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount ofthe penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations;. (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. in thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcezactent Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed staternent that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1 whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental darnage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source CompliancetEnforcem.ent Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you .must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You 'must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office ofAdministrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as folio s: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment If the violations are of a continuing nature, not related to operation and/or maintenanceproblems and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special, Ord er by,Conse t, please contact the Water Quality Section staff of the Mooresville Regional Office at, 704/063-1699. Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ji Duff Date 001 4/30 5/4/07 001 . /14-1 /0'7 Denotes ivi .T'AdC C E NO.LV-2 Parati eolith seat A Reported Value 690/100 (weekly avg.) 2880/100ml (weekly avg) Permit Limit 4/1 1 a•) 400/100 (weekly a. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST TOWNOF HIGH SHOALS PERMIT NO. NC0072940 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2008-0003 Having been assessed civil penalties totaling $ 283.89 for violations) as set forth in the assessment document of the Division of Water Quality dated January 3, 2008, 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 BY ADDRESS , 2008 TELEPHONE JUSTIFICATION FOR SION ST DWQ Case Number: LV-2008-0003 Assessed Party: Town of High Shoals County: Gaston Permit Number: NC0072940 Amount Assessed: $283.89 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 arid 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(3) were wron Tfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) violation occurrences; the violator abated confirm" .cntal darnage esuiiin i.e., explain the steps that you took to correct the violation and prevent ure (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 penafly will prevent payment for the remaining necessary remedial actions explain how payment of the civil penalty will prevent youfrorn performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) L EFFLUENT ERMIT NO.: NC0072940 DISCHARGE NO 001 MONTH NAME Hgh Shoals State Street CLASS OPERATOR IN RESPONSIBLE CHARGE (ORC) Randy Russell CERTIFIED LABORATORIES (1), 4,4 W Labs ' -2 aiEcx sox w Oac Pus Cli$414613 „ PERSONS COLLECTING SAMPLES Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES D(V OF ENV1ROWENTAL MANAGEMENT DEHNR 1617 Mail Service Carder 7 7 FOW EFF INF C3 X , (SIGNATURE OF QPATOR tNR S BY THIS SIGNITURE, I CERTIFY THAT THE REPORT IS COLETE TO THE BEST OF WY KNOWLEDGE Randy Russell 11101.1111641111 : EMS WW1 DA CI NW' rerAwnesammamm N 2 7 201P A SIN V' itarentliaT5 ISISOMMIlitvil 1,2 . &rMIIMIMIBMIMMINIIIIIIIIIINII 7.t. 4, , 9 il FRIPPI CM ISTMASCil VITA fraitlil itiNITEI ,, Eittr,411 miantwas PM ritinfiliM tal tm:::- 11;1192111 11101111111 * IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIII rli ?,,,,Iirm ricertmer vevoolas mramowe rtewrhe tov.vivirfi, ' mvi 4,--..:; ', Ilt votetwomm.; 44.-,0040a..ittfm, 5%,..cro WMF,Nilif 'ft.' ,441 ,`,;,,, ,;,, , WA $03:333 ' 343333 ,J313 $ 4, 4, ,'.3,,;$=33$ 333333,31333 AVM 3333413,333*33333;* 3*: "3$ *3304, 334 3$^3M3333343$$$334 343$333;33333,33Or3OAM333U y.„-,".'n ,‘ 6 NfnIPAIIPIIIIIE!ESIIMIIIIIIIIIIIIIIIIIIIIII.IIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ';'il mom,. iv' i;ii- trim ilizilimmio thiimmil iimitiq r.,„rer, „.4,,,,:„,,,,,,,,,,,,,,,,,,,m, nii . co "4'6 IIMIIIIIIIIIIIIIMIMIIIIINIIIIIIIIIIIMIIIIMINIIIIIIIINIIIIII Ak _.A ,,,,,,, ,A.mr,, 4,1 4.r..tkil"., **UK, molt gig",, S. N.:1741TRA 4,ithiLVA. ...*44r, "4.011k ,..zik ,.W.W.AiSlo•NP1/441.-e :,,,1*.tiAl Nii` 'PIA* ,Y,P0Vb*sri ,,, 1° IITIE/ILGIIIIIIIIIIMMISIII21111111lMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 71 FV174 KM fle R.7033 iR4g41 XVII nititia Pf&Witagl WitiSE iiiitiffireilig atig RigitiVitil Miff '-':•ki:,-,' IEIIIMINMIIIIISIIINSIRINIIIIIIMIIIIIIIIIIIIINIIIIINIIIINIIIIIIIIIIIMIIIIIIIIIIIIIMIII al NI Mr ES frtnittIMINI VAISI re', :1411. SSW tigiSTIRMigglf Ciall41 aTiga.;':-'M: 14 EIVIIINIHEIIII-1:-. IIIEEIIIIMIMIIRRIIISIIIIIMIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIMIII El 71175 P:., ii rig triral LINA lit 11 Mr" . ,: V ,..:': it& 41Z111 Vini MC lan MI EIGI PARAIL :'4.5:'' , 18 ffiliIPIIIIPAIIME11111111111.111111111111111111111=111MIMMII '' ii. NEM ,,,t:A IFTEIVA FA anenri: Erili.:1 friffi$111FAIIIMIIM11.11111 , IIIIIIIIIIIIIMINIIIII 18 20 MINIMUM %REMOVAL Mootta Lao*: DEM Form MR4 (12/93) 0 0159 .:44,43.$3,433,33 .3.13.4433,333 1T4f6'1' .3,33333 43314330.: AtilV4,0 '3333*3343ro3343 200 111111111111 TAW 4i.4-301:341;R134i, 43R.3, 1111111111111111 1,31340 5 FACILITY STATUS Facility Status: (Please check one of the foil wing) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet perrnit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. z - C._ 1- - s- / AJ "T" A r 0 Ci "I certify, under penalty of taw, 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 is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penatties for submitting, false information, including the possibility of fines and imprisonment for knowing violations," Dennis Gilbert, Mayor P e (Please prin Signitu e of Permittee" City of High Shoals P.O. Box 6 High Shoals, North Carolina Date Feb, 2010 Permittee Address Phone Number Permit Exp. Date PARAMETERPARAMETERCODES LLJ Page 1 Violator. Facility: County: Case Number: Permit Number: 1) NORTH CAROLINA DIVISION OF w'4 `ATI R OLTALITY Town of High Shoals High Shoals State Street WWII' Gaston l.,V-2008-0003 NC0072940 SMENT FACTORS 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; Fecal coliform limit violations could indicate a threat to human health. 2) The duration and gravity of the violation; The weekly fecal coliform violations occurred during the weeks of April 30 May 4 and May 14- 18, 2007. 3) The effect on ground or surface water quantity or quality or on air qualit No effects are expected on ground water or air quality. Fecal coliform limit vic lations may l�l to human health concerns and impact best usasge of the strewn. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No monetary value is known. Money could have been saved by not properly maintaining and monitoring the disinfection system at the facility. Whether the violation was committed willfully or in The violation does not appear to be willful nor intentional. tonally; The prior o' of the over which the and 0 he State of the ply g or fa ng to err# Commission has forceme ure . MONITORING REPORT(MR) VIO Permit: % Facility Name: % Major Minor: % TIONS for: MRs. Between: Param Name: % 5-2007 Region: Mooresville County: % PERMIT: NC0025861 FACILITY: City of Lowell - Lowell {i WTP Report Date 12/10/07 Paige: 5 of 11 Violation Category: Limit Viollion Program Category: NPOES WW Subbasin: % Violation Action: % COUNTY: Gaston REGION: Mooresville Limit Violation �\ - MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION 05 -2007 001 Effluent Solids, Total Su:spended 05/19/07 3 X week mg/I 45 56.5 Weekly Average Exceeded' None PERMIT: NC0068888 FACILITY: Town of Dallas - Dallas WWTP COUNTY: Gaston REGION: Mooresville Limit Violation MONITORING OUTFALL REPORT PPI LOCATION PARAMETER ,L-4A-- C...' VIOLATION DATE FREQUENCY 05 -2007 001 Effluent Chlorine, Total Residual 05/01/07 3 X week UNIT OE MEASURE PERMIT: NC0072940 FACILITY: City of High Shoals - State Street VVWTP LIMIT CALCULATED VALUE VIOLATION TYPE VIOLA "TION ACTION 18 100 Daily Maximum Exceeded None COUNTY: Gaston REGION: Mooresville it Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 1 �< VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT 05-2007 001 Effluent BOIT 5-Day (20 Deg. 0) 05/31/07 2 X month mg/I 30 05 -2007 001 Effluent Coliform, Fecal MF, M-FC 05/05/07 2 X month #/100m1 400 Broth,44.5C 05 -2007 001 Effluent Coliform, Fecal MF, M-FC 05/19/07 2 X month A/100m1 400 Broth,44,5C /"7/1: 3 4/ F=x CALCULATED VALUE 2,880 VIOLATION TYPE Monthly Average Exceeded Weekly Geometric Mean Exceeded Weekly Geometric Mean Exceeded VIOLATION ACTION None FAa-I<,rn C,",^ None None North Carolina Michael E, Easley. Govern William, G. Ross Jr., Secre nt of Eaavironnrent and Natural Resources Coleen Sullins. Director Division of Water Quality December 20, 2007 CERTIFIED MAIL 7006 2760 0001 8497 4953 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert, Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 SUBJECT: Notice of Violation and Assessment of Civil. Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0072940 High Shoals State Street WWTP Gaston County Case No. LV-2007-0501 Dear Mayor Gilbert: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $13.89 ($100.00 civil penalty + $83.89 enforcement costs) against High. Shoals. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for April 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0072940. The violations are surnmarized in. Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that High Shoals violated the terms, conditions, or requirements of NPDES Permit No. NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against. High Shoals: N. C. Division of Water Quality, Mooresville Regional office, 610 E. Center Ave. Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service I-877-623-6748 100.00 $ 100.00 83.89 183.89 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for fecal conform. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) 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; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source ComplianceiEnforeernent Unit Division of Water.Quaiity 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed, Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee), Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request" Both farms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Admin. istrativelHearings 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 ofAdministrative Hearings. The petition may be faxed -- provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one ofthis 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 Ple. - be advised that additional penalties may be ssed for violations that occur -r the review period of tins asses 11 ent. If the violations are of a continuing na not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider appl g for a Special Order hy Consent. If you have any questions about this civil nal asses ent or a S ial Order b Consent 1:.) - contact the Water Quality Section : 7 of the Mooresville Regional Office at 704/663-1699. (Date) Al I ACHMENTS 41( Robert B. bs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water t ity Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Centml Files w/ a . hments i' "l"AC CASE Na LV- Outfit! Date Param 01 03/1 - 3/07 1 . eonoral Bros civil penal ent Reported Value (weekly ay. 400/ lr ay. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MA`IAIER OF ASSESSMENT OF CIVIL PENALTY AGAINST TOWNOF HIGH SHOALS PERMIT NO. NC0072940 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0501 Having been assessed civil penalties totaling $ 183.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 20, 2007, 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 , 2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION RE UEST DWQ Case Number: LV-2007-0501 Assessed Party: Town of High Shoals County: Gaston Permit Number: NC0072940 Amount Assessed: $183.89 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 Hearin and Sti ulation 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) violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); e violator nrornDtiv abated continuingenvironmental damgeresulting (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) pamentofthe civil pcnaity 1I_prntpjntLtiqiJk remaipIpgjn remedial actions (i.e., explain howpayment of the civil pcnalty will prevent youfrom orming the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) EF NT IT NO. NC0072940 DISCHARGE NO 001 dNTH �ar L YEAR 2007 ACILtTY tAI tE High Shoats State Street CLASS 1 COUNTY Gaston AY 3 2007 PERATOR IN RESPONSIBLE CHARGE (ORC) Randy CERTIFIED LABORATORIES (1) aEc 'VOX IF ORC Nii CIMM G Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIN. OF ENVIRONWNTAL MANAGEMENT I'JEHNR 1617 Meal Sernce Center H.NC27 %REMOVAL 0. 0159 DEM Forts MR -I (12/93) K & W L PERSONS CCII t EC D 3 Randy Russetl X (SIGNATURE OF OPERA`r R IN RESNSIBLE CHAR ;DATE BY THIS SIGNITURE, I CERTIFY THAT 'THE REPORT IS URATE AN0 COLE'TE TO THE BEST OF MY KNOWLEDGE 316/6 t i CC 5 FACILIT'Y STATUS Facility Status: (Pease check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do NOT meet permit requirements If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and a time table for improvements to be made. "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 is, to the best of my knowledge and belief, true, accurate, and complete, l am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations," Dennis Gilbert, Mayor P ittee (Please print or type) 2'1 4 1117- CC Signature of Permiffee** Date City of High Shoats P.Q. Box 6 High Shoals, North Carolina Feb, 2010 Permittee Address Phone Number Permit l rxp, Date PARAMETER CODES Page 1 NORTH CAROL NA DIVISION OF WATER QUALITY Violator: Town of High Shoals Facility: High Shoals State Street TP County: Gaston Case Number: LV-2007-0501 Permit Number: NC0072940 ASSESSMENT FA ORS The degree and extent of ha rnt to the natural resources of the State, to the public health, or to private property resulting from the violation; Fecal coliform limit violations could indicate a threat to human health. 2) The duration and gravity of the violation; The weekly fecal coliform violation occurred during the week of ,April 2-6, 2007, 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on ground water or air quality. Fecal coliform limit violations may lead to human health concerns and impact best usasge of the strewn. 4) The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; No monetary value is known. Money could have been saved by not properly mainsiruing and monitoring the disinfection system at the facility. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. Date The priort otter which a n and The cos State of a e g or Coni 9. 001 MONITORING REPOR Permit: % Facility Name: Major Minor: PERMIT: NC0068888 Limit Violation R) VIOLATIONS for: MRs Between: Param Name: and 4-2007 R County: FACILITY Town of Dallas - Dallas WWTP MONITORING OUTFALL REPORT PPI LOCATION 04 - 2007 001 Effluent. 04 -2007 001 Effluent 04-2007 001 04 -2007 001 Effluent 04-2007 001 04 -2007 001 Effluent 04 -2007 PERMIT: NC0072940 it Viola tion MONITORING 0UTFAL REPORT PPI 04-2007 001 Effluent Effluent Chlorine, Total Residual PARAMETER Chlorine, Total Residual rine, Total Residual Effluent Chlorine, Total Residual VIOLATION DATE FREQUENCY' 04/23/07 3 X week 04124/07 3 X week 04/25/07 3 X week Chlorine, Total Residual 04126107 3 X week 04/27107 3 X week Chlorine, Total Residual 04/30/07 3 X week (as 04/30/07 3 X week Nitrogen, Ammonia Tot N) FACILITY: City of High Shoals - State Street WWTP LOCATION Effluent PARAMETER Coliform, Fecal ME, M-FC t3roth,44.5C VIOLATION DATE FREQUENCY 04/07/07 2 X month Violation Categcny: LI COUNTY: Gaston UNIT OF VALUE MEASURE LIMIT ugll 18 100 ug/I 18 100 ugll 18 100 ug/I 18 100 ugfl 18 100 ugll 18 100 nAk 2 2,18 UNIT OF MEASURE #1100n'il CALCULATED COUNTY: Gaston LIMIT 400 CALCULATE© VALUE 00 Report Dale, 120O/07 Page: 7 of 51 Program Category: NPDES WW Violation Action: REGION: Mooresville VIOLATION TYPE Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Monthly Average Exceeded VIOLATION ACTION Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case Proceed to Enforcement Case./ No Action, Data Entry Error REGION: Mooresville VIOLATION TYPE Weekly Geometric Mean Exceeded VIOLATION ACTION None Michael F. Easley, Govern Witham G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Colcca Sullins, Director Division of Water Quality December 18, 2007 CERTIFIED MAIL 7006 2760 0001 8497 4823 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert, Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0072940 High Shoals State Street WWTP Gaston County Case No. LV-2007-0490 Dear Mayor Gilbert: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $433.89 ($350.00 civil penalty + $83.89 enforcement costs) against High Shoals. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for March 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No_ NC0072940. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that High Shoals violated the terms, conditions, or requirements of NPDES Permit No. NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director .of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against High Shoals: NCD N. C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 100.00 250.10 350.00 83.89 433.89 For 1 of the one (1) violation(s) of G.S. 143 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for fecal conform. For 1 of the one (1) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in. violation of the permit monthly average effluent limit for flow. TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally;. (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. in thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source CompliancefEnforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 1438- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1.617 OR. File a petition for an adminis Administrative Hearings: e hearing with the Office of If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919 733-3478 A copy of the petition roust also be served on DENR as follows: Ms. Mary Penny Thompson, General. Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number petition. as and on page one of this letter) on the Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to pperation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section ,staff of the Mooresville Regional Office at 704/663-1699. Robert B. Krebs Regional Supervisor Surface Water Protection. Mooresville Regional Office Division of Water Quality A i 1 ACHMENTS cc: Water Quality Regional. Supervisor / attac Compliance/Enforcement File w/ attachment Central Files w/ attachments ATTACHMENT A CASE a LV-2007-0490 Outfall ate Pa # e Reported Value ?emit 001 0 /19-2 /07" conform 520/100 /100 y avg) 001 3/2007 flow 0.0195 MGD . 159 MGD in nthly avg.) Denotes i `l penalty s nt STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST TOWNOF HIGH SHOALS PERMIT NO. NC0072940 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2007-0490 Having been assessed civil penalties totaling $ 433.89 for violations) as set forth in the assessment document of the Division of Water Quality dated December 18, 2007, 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 , 2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR MISSION REQUEST DWQ Case Number: LV-2007-0490 Assessed Party: Town of High Shoals County: Gaston Permit Number: NC0072940 Amount Assessed: $433,89 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" fonn 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 tactors 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 wky 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) a ent of the civil penally will event nt or the n necess remedial actions (i. e., explain how payment of the civil penalty willwillprevent youfrom performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) EFFLUENT t MFTNO, NC0072940 DISCHARGE NO 001 MONTH 7aYEAR YEAR 2007 .sry NAME ±tit Shoals State Street CLAss 1 AERATOR IN RESPONSIBLE CHARGE (ORC) Randy Russell GRAD CERTIFIED LABORATORIES (1) K & W Labs •2 COUNTY'GaSton CIIPCX BOX P iHK 1Mt 61411MGVID ' I PERSONS COLLECTING SAMPLES Ran Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FLES DIV. OF ENVIRONMENTAL MANAGEMENT OEMNR 1617 Mail Service Canto - Russell i,)(atl6 f:ouir, MR —4 1121'y rAcll*I I Y S I A I Uti Facility Status: (Please check one of the following) Alf monitorin+ data and sampling frequencies meet permit requirements All rrmonitoring data and sampling frequencies do NOT meet perr+ it requi If the facility is noncompliant, please comment on corrective actions being taken in re maintenance, etc., and a time table for improvements to be made, Nonco utpment, operation, "I certify, under penalty of law, that this document and ett 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 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."' Dennis Gilbert, Mayor P'ttee (Please print igniture of Permittee P.Q. Box 6 High Shoals, North Carolina Phone Number 7 PARAMETER CODES NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Town of High Shoals Facility: High Shoals State Street WWTP County: Gaston Case Number: LV-2007-0490 Permit Number: NC0072940 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; Fecal coliform limit violations could indicate a threat to human health. Excessive flow to the facility may cause operational problems and result in degradation to the receiving stream. 2) The duration and gravity of the violation; The weekly fecal coliform violation occurred during the week of March 19-23, 2007. The exceeded the permitted monthly average. 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on ground water or air quality. Fecal colifonn limit violations may lead to human health concerns and impact best usasge oldie stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No monetary value is known. Money could have been sav by not rly rnaintaining the collection system to prevent inflow and infiltration problems. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. The prior record of a violator comp tag or fa to o over which to Envi gement Comm ion has and The cost to t to of th+ enforceenforcem t pr to t glottal MONITORING REPORT(MR) VIOLATIONS for: Permit: % MRs Between: 07 Region: Mtaore vilil Violation Category: Ur Facility Name, % Param Name: % County: % Subbasin: % Major Minor: % Report Date: 12/06/07 Page: 5 of 10 Program Category: NPD S VWV Violation Action. % PERMIT: NC0021156 FACILITY: City of Mount Holly - Mount Holly WWTP Limit Vi©latit�r COUNTY: Gaston REGION: Mooresville MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER VIOLATION DATE 'REQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTIO 03 -2007001 Effluent Cyanide, Total (as Cn) 03/22/07 Weekly ug/I 22 28 Daily Maximum Exceeded None PERMIT: NC0068888 FACILITY: Town of Dallas - Dallas WWTP Limit Violation COUNTY: Gaston REGION: Mooresvi MONITORING OUTFALL / VIOLATION REPORT PPI LOCATION PARAMETER DATE FREQUENCY 03 -2007 001 Effluent Nitrogen, Ammonia Total (as 03/1 '7I07 3 X week 03 -2007 001 Effluent Nitrogen, Ammonia Total (as 03/31/07 3 X week UNIT OF MEASURE LIMIT mg/I 12 mgFl 4 PERMIT: NC0072940 FACILITY: City of High Shoals - State Street WWTP Limit Violation CALCULATED VALUE 15.93 '-'t. 822 COUNTY: Gaston VIOLATION TYPE VIOLATION ACTION kly Average Exceeded None y Average Exceeded None 't REGION: Mooresvi MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 03 -2007 001 Effluent Colifornl, Fecal MF, M-FC Eiroth,44, 5C 03 -2007 001 Effluent Flow, in conduit or thru treatment plant VIOLATION DATE FREQUENCY 03/24/07 2 X month 03/31/07 Weekly UNIT OF MEASURE LIMIT #/100mi 400 rligd 0.0159 CALCULATED VALUE �� 520 VIOLATION TYPE Weekly Geometric Mean Exceeded VIOLATION ACTION None 0.01955 Monthly Average Exceeded None Michael F- Easley. Governor William (i- Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 17, 2007 CERTIFIED MA.II 70 2 3150 0003 7052 9738 RETURN RECEIPT REQUESTED Ms. Beth Usery City of High Shoals P. Q. Box 6 High Shoals, NC 28077 Subject; Remission Request of Civil Penalty Assessment NPDES Permit Number NC0072940 City of High Shoals — State Street 'WWTP Gaston County Case Number PC-2006-0025 Dear Ms. Usery: oleen Fr. Sullins, Director Division of 1Vater Quality I have considered the information submitted. in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-2 15.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $7,808.04.. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR), If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G,S. 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will bedelivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter, Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 North Carolina Division of "rVater % ttalit,y 1617 VB;t(1 Service Center Raleigh, NC 27699-1617 Phone (r:119y 733-7015 Internee www ncraaterquiat, °awrg Location, 512 N. Salisbury St. Raleigh„ NC 27604 Fax (919) 733-2496 An Equal Opportunity/Affirmative Action Employer — 50% Recycled to % Post Consumer Paper Customer Service t-877-623-6748. City of High Shoa PC-06-002 Remission Result p• Your request for an oral presentation and the documents in this nmtter °ili be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date. time, and place that your oral presentation can b e made. Otherwise, the final decision on your request for remission will be made by the Committee based can tt e written record, Thank you for your cooperation in this matter, if you have any questions a Bob Sledge at ( 1 ) -0, extension 547. attach e. cc: Itelooi s i le Regional Of' Enforcement file Central Files Sincerely, cif en . Sullins" please contact Dennis Gilbert City of High Shoals PO Box 6 High Shoals, NC 28077 SUBJECT: Dear Mr. Gilbert: North Carolina Department of En September 17, 2007 Payment Acknowledgment Civil Penalty Assessment State Street WWTP Permit Number: NC0072940 Case Number: LV-2007-0341 Gaston County Michael F. Easley, Governor William G. Ross Jr.,, Secretary nment and Natural Resources Coleen H. Sullins, Director Division of Water Quality NC DENR MRO i t \Voter Pro on This letter is to acknowledge receipt of check number 22314 in the amount of $331.50 received from you dated September 14, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, pieasse call Robert L Sledge at 919-73 - 0 Ext.547. Sincerely, Dina Sprinkle cc: Enforcement File #: LV-2007-0341 DWQ Mooresville Regional Office Supervisor Central Files No 'Carolina 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7t}1 a Customs Service 1 800 623-7748 'AY rO THE )RDER )F CITY OF HIGH SHOALS P.O. BOX 6 HIGH SHOALS, NC 28077 FOR THE PAYMENT OF THiS CHECK HAS BEEN MAL DON DULY MADE; PURSUANT TO THE LOCAL GOVE BUDGET & FISCAL CONTROL ACT, Fuve Hundred Thirteen Dollars and 00 Cents NCDENR DIV OF WATER QUALITY POINT SOURCE COMPLIANCE UNIT 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 BY AN ENT 00 2 23 1411' 1:05534933 210 lichael F. ey, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sulans„ Director Division of Water Quality August 14. 2007 CERTIFIED MAIL 7006 2760 0001 8494 5915 RETURN RECEIPT REQUESTED Mr. Dennis Gilbert, Mayor City of High Shoals, PO Box 6 High Shoals, North Carolina 28077 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 1.43-215.1(a)(6) and '.NPDES Permit No. NC0072940 State Street WWTP Gaston County Case No, LV-2007-0341 Dear Mr. Gilbert: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of ..50 ($250.00 civil penalty + $81.50 enforcement costs) against the City of High. Shoals. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for February 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0072940. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of High Shoals violated the terms, conditions, or requirements of NPDES Permit No. NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215,6A(a)(2). Based upon the above findings of fact and conclusions of law., and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Qualit), 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty. assessment against the City ofHigh Shoals: NCDENR N%ft h CaMiina Awl/era/1y N400resville Regional Office intemer. Division of Water Quality Phone 704-663-1,699 610 Fast Center Ave,. Suite. 301 Mooresville, NC 28115 Fax 704-663-6040 An Equal Opportunity/Aft-meta Action Employer - 50% Recycled:10% Post Consumes Paper Customer Service 1-877-623-6748 0.00 250.00 81.50 331.50 For 1 of the one (1) violation of Ci.S. 143- 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD, TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G.S. 143-115,6A(c), in determining the .amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the .violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the fo owing: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environm nt and Natural Resources (do not include waiver form)„ Payment of the penalty will not foreclose further enforcement action for any continuing or new violation's' Please submit payment to the attention of: Point Source CornplianceIEnfhrcernent Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-161,7 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute, Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in GS. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptlyabated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted. in writing. The Director of the Division of Water Quality will. review your evidence and inform you of 'his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee, cannot, consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission, In order to request rernission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice, The Division of Water Quality also requests that ou coinplete and submit the enclosed "Justification for 'Remission Request." Both forms should be submitted to the following address: Point Source Compliance,'Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must tile 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 1-learings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Adrninistrative 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 mu.stbe filed with the Office of Ad.ministrative Hearings. The petition may be faxed. — provided the original and one copy of the document is received in the Office of Administrative Hearings within. five (5) 'business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 'Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy ofthe petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter. as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that addition penalties nay be ass r-cssed for violations that occur atter the review Period of this assessment, If the violations are of a continuing nature, not related to operation andl r maintenance problems„, and you anticipate remedial construction activities, then You n a ish to consider a l °in 3 for a Secial Order by CC:onsent. It .iouu have any uesti ns about this civil malt x assess en.t gar a Secial Order be Consent leas_ c ntact the G'ater ( ualit Section staff of he ° r7tsres Fil.le e is al Ogee at O4 66 I . TTACCI-3M TS oiert B. e ional Supetvist Surface Water Protection Mooresville Regional Office Division vision of eater Quality cc: 'Water Quality RegionalSupervisor vs0 attachments Compliance/Enf rcem nt File wl attachment Central Files w/ attachments rt rta ATTACHNfENT A CASE NO. EV-2007-0341 utfa it Parameter Reported V luu 001 BOD 49 tt,°1 001 BOD 36 rrgL Denotes ci r penalty. assess r nt Pern 45 ri ax°`1 °'ekly average) 30 mg/L (Monthly average) STATE P NORTH R INA I SPAR I"MENT t F ENVIRONMENT AND NATURAL RESOURCES O N"I\ OF GA T(: rr IN THE MATTERO ASS SSMENT OF CIVIL PENALTY AGAINST THE CITY OF HIGH SHOAI.S PERMIT. Na NC00729 C 4AI`E. OF RIGHT TO AN ADMINISTRATIVE HEARING NG ? I STIPULATION N t F FACTS T E N0, I _d 41 Having been assessed civil penalties totaling1. II for violations) as set forth in the assessment document of the Division Water Quality datedAugust 14, :, the undersigned, desirin 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. 'Fite undersigned further understands that all evidence presented in support of remission of this civil penult), must be submitted to the Director of the Division of Water Quality within I 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 0 BY ADDRESS I TEI,EPHt NE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: IN-2007-0341 Assessed Party: The City of High Shoals County: Gaston Permit Number: NC0072940 Amount Assessed: $311.50 Please use this form when requesting remission of this civil penalty. You must also complete the "Re - test .For Remission U-Taiver o ht to an Administrative ..flearing,. 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 1430282. l.(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator r abated continuin environ e tal da .. s violation (i.e., explain the steps that you took to correct the violation andprevent e 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 youfrom performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Violator: Facility: County: NORTH CAROLINA DIVISION OF WATER QUALITY TheCity of High Shoals State Street WWTP Gaston Case Number; LV-2007-0341 Permit Number: NC0072940 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The BOD weekly average concentration in the effluent at the State Street WWTP was 49 mg/L for the week ending February 24, 2007, which exceeded the permit limit of 45 mg/L. The BOD monthly average concentration in the effluent at the State Street WWTP was 36 mg/L for the month of February 2007, which exceeded the permit limit of 30 mg/L. 2) The duration and gravity of the violation; The BOD weekly average was exceeded by 8.8% and the monthly average was exceeded by 20%. The BOD concentrations for the month of February at the State Street WWTP ranged from 27 mg/L to 49 mg/L. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as no monitoring was completed. BOD is treated as an in -stream toxicant by the State of North Carolina. BOD is a measure ofthe oxygen -consuming capacity of the effluent and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; The permittee noted on the Discharge Monitoring Report — DWQ Form MR-1 for February 2007 that spent sand from the filter beds was removed and replaced with clean sand to prevent future permit violations, 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were cornmitted willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with program over which the Environmental Management Commission has regulatory authority; and There have been 19 other CPAs against the City of High Shoals since 1997 with two CPAs having been issued in the past twelve months as detailed below, Case Number Description PC-2006-0025 j $7 808 04 for Permit condition violation& Penal is cutstanctin LV-2005-$ .3 $185,04 LV for fecal colifortft Penalty was pad in fuH 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $81.50. Date ti* Supervisor Division of Water Quality MONITORING REPORT Permit: % Facility Name: % Major Minor % VIOLATIONS for: MRs Between: 2-2007 and 2-2007 Region: Mooresville Param Name: % County: Report Date: 06/25/07 Page: 5 ot 13 Violation Category: Limit Violation Program Category: NPDES WW Subbasin: % Violation Action: % PERMIT: NC0024155 FACILITY: City of High Shoals - River Street WWTP Limit Violation MONITORING ouTrALL REPORT PPI LOCATION PARAMETER 02 -2007 001 Effluent Conform, Fecal MF, M-FC Broth,44,5C PERMIT: NC0069175 VIOLATION DATE FREQUENCY 02/10/07 2 X month UNIT OF MEASURE COUNTY: Gaston LIMIT REGION: Mooresville CALCULATED,/ VALUE 7 VIOLATION TYPE #/100m1 400 600 ILWeekly Geometric Mean Exceeded VIOLATION ACTION None FACILITY: Ridge Community Sewer Association - Ridge Community COUNTY: Gaston REGION: Mooresville WWTP '4)1 Limit Violation MONITORING OUTFAL.L REPORT PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE ANN VIOLATION TYPE VIOLATION ACTION 02 -2007 001 Effluent BOD, 5-Day (20 Deg C) 02/21/07 2 X month mg/I 15 16 Daily Maximum Exceeded None COUNTY: Gaston REGION: Mooresville Unlit Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE 02 -2007 001 Effluent BCD, 5-Day (20 Deg C) 02/24/07 2 X month mg/I 45 49 b Weekly Average Exceeded VIOLATION ACTION None 02 -2007 001 Effluent BOD 5-Day (20 Deg C) 02/28/07 2 X month mg/I 30 36 Monthly Average Exceeded None — tP The I-lonorable Dennis rilbert, Mayor Town of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 North (' r<t3tra €Iepartrncnt of Ens Michael F. 4 asle, William Cr. Bross Jr,, Secretary N 'Al E1ra6 Resources Subject: Notice of Defiiciency Compliance Evaluation Inspection. State Street WWTP NPDES Permit No, NC007294() Gaston County, North Carolina Dear Mayor Gilbert, Enclosed please find a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facili Office. on April 1.9, 2007 by Mrs. Sonja Basinger of this It i requested that a written response be submitted to this Office by May,' .2007 addressing the deficiency noted in the Record Keeping section of the report. In responding, please address your comments to the attention of Mrs. Marcia Allocco. The report should be self-explanatory however should you have any questions concerning the report, please do not hesitate to contact Basinger or me at (704) 66 -I 99, jor Robert B. Krebs Surface Water Protection Regional Supervisor Enclosures Le: Gaston County Health Department. S 'B toil. C. Division of Water Quality, Mooresville Regt') al Office, 61.0 east Center Avenue, Suite 301, Mooresville NC 2d1 l5 C04) 6.63-1699 EPA Transaction Code 2 151 3i ustted States Envircnmentai Protect:on Agency V.lasbngtcn, Ei C. 2 S4t750 • ater Compliance Inspection Report ectiOn A' National Data System Coding (i,e , PCS) NPDES rstC 0 2 I 1 I 121 yrImoiday ,S7:104.,t19 Remarks 17 tnspection Work Days Facility Self-Mondorng Evaluation Rating 81 QA 2, 0 I 69 '701 71 Section B, Facility Data 72 F Approved OMB No 2040-0057 Approval expires 8-31-98 Inspection Type Inspector 131 I 191 51 Fac Type 201 1 I" 731 74 751 80 Name and Location of Facility inspected (For Industrial Users discharging to POTW also include POTW name and NPDES permit Number) State Sr.teet WW7P .State St High Shoals. NC 28077 Name(s) of Onsife Representative(s)Tritles(s)/Phone ard Fax Nun-ibers) andy I Russell/ORC/S Name, Address of Responsible Official/Title/Pt-Me and Fax Number Dennis Gilbert,P0 Box 6 High Shoals NC 280717Mayor/704-735-16'0/ Contacted No try Time/Date Permit Effective Date, 10:00 AM 07/04/19 Exit Tim&Date Permit Expiration Dale. 15 AM 07/04/19 Other Facility Data Section C: Areas EvaEia'ed During Inspection rheck only those areas aluated) Permit Flow Measurement Self -Monitoring Program aboratory Se lge Handling Disposal ot Find (See attachment summary) e • and Signature(s) of Inspector(s) Sonja Basinger cinatyr Q A Reviewer/ amine 1 Operations & Maintenance RRecordsReports Facility Site Review III Effluent/Receiving Waters 10Mo:17, 31. 'Attach addi io: n:a and che-ki AgencylOfficelPhone and Fax Numbers Date 3'R0 WQM/701-235-2202/ Agency/OfficelPhone and Fax Numbers Marcia Al NoN0 MR0 <2//704-235-2204/ EPA Form 3560-3 (Rev 9-94) Previous editici are obsotete 2 M A T' Date sa Page # a of FindingiCornrr rats (Attach dditr r; she ts o arranve d hecklists s n eces RECORD KEEPING Continued: DMRs were reviewed for January 0) through December 2006. A monthly average effluent BOD violation was reported for March 2006. A monthly average effluent dew v+iol t nn was reported for August and September The Division has separately addressed the above -noted violations by issuance of either a NOVor NOV/civil penalty assessment. The December 2006 DMRshows Total Residual Chlorine (TROfflate for 1 / 11, 1 / r , 1 / g as 0 gig, Also the DMR does not show average, maximum imum and minimum values for TRC Please amend the December DMR with corrections and resubmit. Permit: N :: 07"29l4-D Owner - Facility: Stale t,reet b`'Ats/1`P Inspection Date: O4/19 2007 Inspection Type: Carrnptlance Evaluation Permit. Of the present permit expires I'll 6 months or less Has the perrni'ttee subrnktted a new application? Is the facility as described in the permit? # Are there any special dition h perms he plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The facility's permit is effective from August 1, 2005 through July 31, 2010, The facility was last inspected on March 7, 2006 by Wes Bell of this Office, Record Keeping Are records kept and rTaiintagrred as requirehe permit? Is all required information readily available, complete and current? Are ail records rna Are analytical results consistent with data reported on DMRs? is the chain -of -custody complete? Dates, tunes and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported CQCs Are DMRs complete` do they include all permit parameters? Has the facility submitted its annual compliance report to users and DVVQ? (If the facility is -. or > 5 MGD permitted flow") Do they operate 24/7 vtth a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classihcatr.on? Is the backup operator certified at or"re grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? 3 years (tab reg required 5 years)? Comment: As previously cited in the March 7, 2006 inspection, the facility has not submitted its annual compliance report to users and DWQ (please see attached document on Annual Reports), Yes No NA NE ■ oon ■ nnn 00m0 ■ nnn 000 Yes No NA NE ■ n rl n ■ n 0 n ■ nnn ninon ■ nnn ■ ■ ■ ■ ■ ■ n n Q n ■ ❑ n inn■ n ■ nn0 ■ nn0 ■ n 0 n O ■ ❑ n n ■n0 Page # rnspe •n Date: 04119;2007 Inspection Type: (..;criiptiance Yes No NA NE Permit Ne0072940 Owner - Facility: Slate Street v'AV-FP Operations & Maintenance NI 0 1-.71 Is the plant generally clean with acceptable housekeepinc? Does the facility analyze process control parameters, for ex, MLSS, MORT, Settleable Solids, pH, DO, Sludge 1.11 0 n Judge, and other that are ,appircable? Comment; Operation and maintenaflCe has improved at this facility. Laboratory Are field parameters performed by certified personnel or aboratOry? Are all Aber paraimeters(exciuding field p3 anieters) performed by a certified lab? # Is the facility using a ccntract lab? is proper temperature set for sample storage (kept at 1.0 to 4,4 degrees Celsius)? Incubator (Fecal Coliform) set to 44,5 degrees Oeisius(- 0 2 degrees? Incubator (BOD) set to 20 0 degrees Celsius +I- 1.0 degrees? Comment: On -site field analysis is performed by High Shoal Lab certification # 5130 (the field lab was recertified in June 2006), Contracted lab services are performed by K&W Labs certification # 559, The High Shoals field lab inspection was performed by the Lab Certification Unit. Mr, Chet Whiting's report will be sent under separate cover, Flow Measurement - Effluent # Is flow meter used far reporting? Is flow meter calibrated annually-7 ls the flow meter operational? (If units are separated) Does the chart recorder match the flow rr eter? Comment: The instantaneous flow requirement is measured by multiplyiflg the pump run times by the pump rate, Influent Sampling # Is composite sarnphng flow proportional? Is sample collected above side streams? Is proper volume c Ilected? Is the tubing clean'? Is proper temperature set for samp e storage (kept at 1 0 to 4 4 degrees Celsius)? Is sampling performed according to the permit'? Comment: Grab samples are required by the facility's permit, Septic Tank Yes. No NA NE RODO • 000 N ODO N O D DOMO 00•0 Yes No NA NE O 0 • 0 O 0■0 0 0 • 0 nn 11110 Yes No NA NE 00.0 N ODO • 000 00.0 m000 0000 Yes No NA NE Page # 4 Permit: NCO:072940 Owner - Facility: at Street VANTP Inspection Date: 04i:191200,F Inspection Type: Compliance Evaluation Septic Tank (if pumps are used) Is an audible and visual alarm operational', Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: Stanly Septic Service has been contracted for sludge removal for the facility. Sand Filters (Low rate) (If pumps are used) ts an audible and visible alarm Present and operationalP is the distribution box level and watertight? is sand filter free pf dogging Is the sand filter effluent recirculated at a valid ratio? re is the sang filter surface free of algae or excessive vegetation? # is the sand filter effluent re -circulated at a valid ratio? (Appioximately 3 to 1 Comment. Maintenance to the sand beds has improved The facility is utilizing beds 1&2. Beds 3&4 are out of service due to low influent flow, Note: The facility was not dosing at the time of the inspection, Disinfection-Tabiet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? is the level of chlorine residual acceptable, 0 0 0 Is the contact char Iber free of growth, or sludge buildup? 0 0 0 is there chlorine residual prior to de -chlorination, 0 0 Comment: The facility utilizes Na.;ed° disinfection tablets, The chlorine contact chamber appeared "cloudy" on the day of the inspection, De -chlorination Type of system is the feed ratio proportional to chlorine amount (1 to lnif is storage appropriate for cylinders? # is de -chlorination SUbstance stored away from chlorine containers') Comment, Yes No NA NE • 0 Ll 0 n n n n Yes No NA NE • n n O n n n n n ri 0 • ri O 0 0 Yes No NA NE n n n n n 4 Yes No NA NE Tablet O 0ON n n O 00 Page # 5 Permit ; hi 7CJ4ti spent on Date: C4E°t ,`2 07 Die -Chlorination :re the tablets the oper sip r - F ility: 4 to Stye pection Type eomphan Evaluat% n and type'? Are tablet de-chi'urenators op abode!? Number of tubes in use Comment: The fad, ty utilizes D-Chlor tablets for d chl rinatlon. ffiuen .afhplkng is composite sampling flog^ proportional"> is sample collected below all treatment units Is per volume colllected? Is the tubing clean' is proper temperature set for st rrrple stdrage (kept at "&:u to 4,4 degrees t e Is the facility sampling performed as required by the permit {frepuenc °k sar piing ty°pe r pr sentative)? Comment Grab samples are required by the facility's permit Pump tati nwmEffluent the pump wet well tree of bypass lines or structures? Are all pumps present Are all pumps operable? .re float controls operable IsCADA telemetry available and operational? is audible and visual alarm avaalable and operational.? Comment Effluent Pipe Is right of way to the out all properly rnarntairidd? Ar ere ng water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are :reguired are they operating properly? omment The final effluent discharges into the South Fork River. Yes No NA NE Yes N NA N 0 0'' l 0 0 Yes No NA N 0 Yes No NA NE 0 00E0 Page 04/2 2007 00:08 704-735-5595 N kx Type and Crude: T. ephone: (TJOy )13L TOWN HIGH SHOALS Control System wpCsoCc NCAC 1SA:08G .8201 Charge: WPCs4CC 1618 Mall Service Center Rekkigh, N.C. 27699-1618 F CC: McoY v,u& tcox PAGE 02 oral \'1tt'-A1ael t Wiiltarn (i Ross .Ir Secre trot r 3ao:1 Natural Resource, A1a.n V Klurnek, P E., Dleuter Dtvisi,tn of'A'at,erQuality I"lie Honorable Dennis Gilbert„ Mae°or Town Of High Shoals Post Office Box 6 High Shoals, North Carotin a 28077 Dear Subject: 19, 2005 Notice of Deficiency Compliance Sampling inspection State Street WWTP NPDE:S Permit No. NC0072940 Gaston County, N.C. F rtclosccl is a copy of flee Comphattce. Sampling Inspection Report for the inspection conducted at the subject facility° on December 8, 2005 by Mr, Wcs Bell of this Office, Please advise the faci Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. results of the e.flluent sampling will be forwarded to you under separate letter, It is realuested that a written response be submitted to this Office by January 9. 2006, addressing the tieficierrcies noted in the SummarRecord Keeping, and Effluent Sampling Sections of the report. In responding, please address your cortrrnents to the attention of Mr. Richard Bridgem;an,. The report should be :self explanatory=; ho'<vever, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell or me at (;704) 663-1699. Sincerely, D. Rex Gleason, P.F. Surface Water Protection Regional Supervisor Enclosure cc: Gaston County Elealth Department WB N �J. C. Diti uiton of Water Qualoty, Mooresville Regional Office,. 610 Est Center Avtnue, Suite 301, Moe , ;Ole N(. 2S 1 15 (704) bf:3-10`+9 Costoner 3ervic 1.8'77 623.6,4,8 EPA U led States Environmentai ProtectoAgency Washngton, D C. 2C450 Water o pliance inspection Repo n AN 'iOnal Data System Coding ., PCS Form Approved. OMB No, 2040-0057 Approval expires 8-31-98 Transaction Code 1 L! 2 L5,1 211 I NPDES NC0072910 121 yrimolday 05/12/08 Inspection Type Inspector 17 18w 19u Fac Type "ll Remarks 111111111JJ1111111111111111111M111111 J" Inspection Work Days Facility Self -Monitoring Evaluation Rating Bi 671 1,516 70 31 71 Li Section ° Facility Dat QA 72 Name and Location of Facility Inspected (For Industrial' Users discharging to PQM!, also include POTIN name and NPDES permit Number) Stshe Street WWTF State Sh High Shoals NC 28077 74 Entry Time/Date 10 58 Am 05/12/0' Permit Effective Date 05/08/01 Exit Time/Date „II :37 AM 05/12/06 Permit Expiration Date' 10/57/31 Name(s) of Onsite Representative(s)rTitles(s)/Phone and Fax Number(s) Bassos Milbert//704-736-1651 / Joseph 2. Cote/020I204-827-5836/ Name, Address of Responsible Officialfritle/Phone and Fax Number Contacted • Dennis Gilbert,20 Box 6 High Shoals NC 28077/0ayor/7040-375-1601/ Yes Other Facility Data ection C. Areas Evalu te ' During Inspection (Check only those areas evaluated 1111 Permit ' Flow Measurement ill Operations & Maintenance Records/Reports . Self -Monitoring Program Sludge Handling DisposalFacility Site Review III Effluent/Receiving Waters il Laboratory Section 0: Summary of Finding/Co en (Attach additional sheets of narrativechecklists as necessary) (See attachment summary) Name(s) and Signature(s) of nspeclor(s) 2e51ey N Bell Agency/Office/Phone and Fax Numbers Dale MR0 wQ//704 N363-1609 E7t233J Signature of Management Q A Reviewer Agency/Officenone and Fax Numbers Date .Pichard 11 Bridgemas M150 WV/704-663-1699 i0-t,264/ EPA Form 3560-3 (Rev 9-94) Previous edam?ns are obsoet Page # NPOES yrYrno day Inspection Type NCO 0 "2910 12 / 17 1 /08 Section D: Summary of Finding/Comments (Attach additscnal sheets of narrative and checklists as neea RECORD KEEPING SECTION cont'd: DMRs were reviewed for the period from June 05 through September 05, A Fecal Coliform weekly average effluent limit violation was reported for July 2005; an NOV/civil penalty assessment was issued, No influent BOD and TSR were reported for the entire month of July 05. An amended DMR will be resubmitted for these transcription errors, K & W Laboratories was contracted to perform all field analyses following the City's field laboratory decertification in 8/05: however, the contracted laboratory only performed weekly field sampling events for pH, TRC, and temperature. The remaining effluent TRC values were performed by the City's ORC. Please be advised that all effluent analyses must be performed by a certified laboratory; therefore, the TRC values conducted in 9/05 by the ORC will be considered invalid data. The ORC had improved the retention of the required records for this facility: however, not all required documentation was available for review at the time of the inspection. The ORC and staff should continue to collect and properly organize all documentation required by the Permit for a period of three years (maintenance and ORC logs) and five years (all laboratory data and sludge records). Page # 2 Permit: NC0072940 Owner - Facility: State Street lAMTTP Inspection Date: 12/0812005 Inspection Type: Compliance Sampling Operations & Maintenance Is the plant generally clean with acceptable housekeeping') Yes No NA NE • 000 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge 0 0 in 0 Judge, and other that are applicable? Comment: Permit (If the present permit expires in 6 months or less) Has the permittee submitted a new application? Is the facility as described in the permit.? # Are there any spec al conditions for the permit? is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: The facility has a total of four distribution boxes circular). Record Keeping Are records kept and maintained as required by the permit? is all required information readily available, complete and current? Are all records maintained for 3 years (lab, reg required 5 years)? Are analytical results consistent with data reported on DIVIRs? Is the &a n-of-custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they includeall permit parameters? Has the facility submitted its annual compliance report to users and DVVQ? (If the facthty is or> 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Yes No NA NE O 01■0 0•00 O 0E0 N O00 • 000 Yes No NA NE In 000 0E100 10E00 N O00 • 000 • • • • ■ 000 O ODN O 0E0 • 000 ■ 000 0000 •000 Page # Permit: NC00'2940 Owner - Facility: State Street VVWTP Inspection Date: 12f08J2005 Inspection Type: Compliance Sampling Record IKeepinn_g Facility has copy of previous year's Annual Report on file for review? Comment: See "Summary" Section for additional comments. Effluent Pipe Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? Comment: The effluent appeared clear with no floatable solids or foam, The effluent pH, temperature, and TRC were measured at 6.10 s.u.. 9_0 degrees celsius, and < 10 ugli. Yes No NA NE O DD. Yes No NA NE ❑ 0 0 ■ ❑ ❑ ❑ ■ • ❑ ❑ Flow k4 easurement- Effluent Yes No NA NE is law meter used for reporting? ODED Is flow meter calibrated annually? DOED Is the flow meter operational? 0 0 ■ 0 (it units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ 0 Comment: Effluent instantaneous flows are measured by multiplying the purrtp rate by the pump run time. Pump Station - Effluent Is the pump wet welt free of bypass lines or structures? Are all pumps present?' Are all pumps operable? Are float controls operable? is CADA telemetry available and operational'? Is audible and visuat alarm available and operational? Comment The City should incorporate safety measures at the effluent pump station to insure the ©RC's safety during maintenance of the tablet dechiorination unit and the collection of effluent samples. 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: Yes No NA NE ■ 0 0 0 annn ■ non ▪ ❑nn nn■n ■ 0 ❑ 0 Yes No NA NE Tabi'et ■ 0 0 0 ❑ ❑ ■ 0 O ■ n 0 Page # 4 Permit: NC0072940 Owner - Facility, State Street UVWTP Inspection Date: 12/08120015 Inspection Type; Compliance Sampling De -chlorination Are the tablets the proper size and type? Are tablet de-chlor€nators operational? Number of tubes in use? Comment Both chlorination and dechlorination tablets were being building within their appropriately secured containers. 0 d inside a Septic Tank Of pumps are used) Is an audible and visuei alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarrns operating properly? Comment: Due to the continued problems associated with the syphon system, the ORC has incorporated a pumping system (with Division approval) that improves the distribution of wastewater to the appropriate filter bed. The ORC indicated that the syphon system can be placed back into operation if needed, Sand FittersjLow Of pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of pending? Is the sand filter effluent re -circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re -circulated at a valid ratio? (Approximately 3 to 1) Comment: The ORC must insure the sand is evenly raked and the laterals are level for the appropriate distribution of the wastewater, In addition, the sand must be certified at the appropriate size and dust content prior to incorporation onto the filter beds, Laboratory Are field parameters performed by certified personnel or laboratory? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract Pab? Is proper temperature set for sample storage (kept at 1,0 to 4.4 degrees Cetstus)? Incubator (Fecal Coliform) set to 44,5 degrees Celsius+l- 0,2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +I- 1,0 degrees? Yes No NA NE • 000 • 000 Yes c NA NE •0 • 000 ❑ 0 ■ 0 D ■ D Ye s No NA NE O 0 ■ 0 ❑ 0 0 E • C3,00 O 0u0 • 000 O 0 E 0 Yet No f4A NE � 0 0 O ■ 0 0 • 000 0 ■ 0 0 0 ■ 0 O 0 m 0 Page # 5 Permit: NG0072940 Inspection Date: 12/08r2005 Owner - Facility: State Street VNATTP Inspection Type: Compliance Sampling Laboratory Comment: On -site field analyses were performed under laboratory certification #5130; however, the City was decertified by Division's Laboratory Certification Unit (DLCU) in 8105. Please refer to Mr. Chet IM liting's (DLCU) inspection report regarding the City's certification status and the on -site laboratory practices. Qisinfection-Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de-chlo n Comment: Sand/debris was observed in the chlorine contact chamber. Influent Sampling # Is composite sampling flow proportional? Is sample collected above side streams? Is proper volume collected? Is the tubing clean? Is proper temperature set for sample storage (kept at 1,0 to 4.4 degrees Celsius)? Is sampling performed according to the permit? Comment: EffluentSarbplin9 Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Is the tubi g clean? Is proper temperature set far sample storage (kept at 1,0 to 4,4 degrees Celsius)? Yes No NA NE Yes No NA NE • 000 ■ 0 0 n 2 • 000 ❑ ■ n 0 • 000 No NA NE n ■' n m000 ▪ n❑0 0 0 0 noon ■ '000 Yes No NA NE ©❑ ■ Q • 000 • 000 DOED 00•O Is the factlity sampling performed as required by the permit (frequency, sampling type representative)? n ii 0 Q Comment: The ORC was utilizing an unsterilized container (5-gallon bucket) to collect fecal coliform samples. Fecal coliform samples must be collected into either a sterilized container or directly into the fecal coliform sample container, See "Summary/Record Keeping" Section for additional comments. Page # / Michael F, Easley, (3overnoi, 19/14-1): William G. Ross Jr., Secretor) North Carolina ,Department of Environment and Natural Resources Alan V Klimek, P.E, Director Division of Water Quality February 2. 2007. CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8493 0508 Dennis Gilbert, Mayor City of High Shoals PO Box 6 High Shoals, North Carolina 28077 Subject: Notice of Violation - Effluent Limitations and Monitoring Requirements Tracking #: NOV-2007-LV-0072 State Street W'WTP NPDES Permit No, NC0072940 Gaston County Dear Mr, Gilbert: A review of 'the September 2006 self -monitoring report for the subject facility revealed violations of the following parameters for Out:fall 001: Parameter Flow Date Reported Value Permit Limit 9/31/06 0.01702 MGD 0.0159 MGD (Monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the relevant Discharge Monitoring Report provided an explanation ftr the noted effluent limit violation, it is not requested that a response be submitted; however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Ms. Marcia Allocco, The Division of Water Quality' may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to. consider applying for a Special Order by Consent. You may contact Ms. Allocco of this Office for additional information. AT#A NCDENR Mooresville Regional Office Division of Water Quality tritemei, 610 East Center Ave, Suite 301 Mooresville, NC 28115 NovThCaroIna Phone 704-663-1699 Customer Service Fax "704-66.3-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Mn Dennis Gilbert February 2, 2007 NOV-20071V-0072 Page 2 If you have questions concerning this matter, please do not hesitate to contact Ms. Allocco or me at 704/663-1699. cc: Point Source Branch Gaston County Health Department MA Sincerely, ezaa.a.a. Samar Bou-Ghazale Acting Regional Supervisor Surface Water Protection Michael F- Easley, William G Ross Jr.., Secretary North Carolina Department of Environment and Natural 'Resources Alan W. Klimek, PT_ Director Division of Water Quahit}= January , 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 2760 0001 8493 0171 Dennis Gilbert, Mayor City of High Shoals PO Box 6 High Shoals, North Carolina 28077 Subject: Notice of Violation - Effluent Limitations and Monitoring Requirements Tracking #. NOV-2007-LM-0002 State Street WWTP NPDES Permit No. NC0072940 Gaston County Dear Mr. Gilbert: A review of the August 2006 self -monitoring report for the subject facility revealed violations of the following parameters for Outfall 001: Residual Chlorine Reported Value 0,01724 MGD Week Permit Limit Monitor Week On the backside of the Discharge Monitoring Report, — DWQ Form MR-1, the Facility Status was erroneously listed as Compliant; this is also a violation, subject to an enforcement action. Remedial actions, if not already implemented, should be taken to correct any problems. Since the comments section on the reverse of the Discharge Monitoring Report did not provide an explanation for the noted effluent limit violation, it is requested that a written response to this Notice be submitted by no later than February 4, 2007. The response should include any additional information concerning the violation or comments that you wish to present. Please address your response to the attention of Ms. Marcia Allocco of this Office. The Division of Water Quality may pursue enforcement actions for this and any additional violations. if the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact. Ms. Allocco of this Office for additional information. aroI na N DENR Mooresville Regional Office Divacinn of Water Quality Internet:wwwnewateLquattnig 610 Ft Center Ave, Suite 301 MooresviUke i C 28115 Fax 704-663-6040 1.877-623.6748 Phone 704-663-1699 Customer Service An Equal Opportunity/Aff Live Action Employer — 50% Recycled/10% Past Consumer Paper Mr. Dennis Gilbert January 8, 2007 NOV-2007-LM-0002 Page ou have questions n aning this att , please do not he itate to contact I t . Allocconr e at 7/ 3 l ' . cc: Point Source Branch n County Health Department MA Sincerely, Samar Bou-Ghaza Acting Regional u ,er isor Surface V. Water Protection June 19, 2006 Dennis Gilbert, Mayor High Shoals State Street PO Box 6 High. Shoals„ NC 28077 Michael E. Easley, Governor William G Ross Jr., Secretary North Carolina pepartrnen of Environment and Natural Resources Subject: Notice of Incomplete Discharge Monitoring Report NC0072940 Dear Per Alan'. Klimek, P. E. Director Division of water Quality rig Utr 1. l- l* D NATURA. MOOR VILE JUN RESOURCES OF ¥ATENT%lTI The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staff's ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected .DMR, you may be considered noncompliant with your N.PDES permit and 15A, NCAC 02B .0506, and you may be .subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division of Water Quality Central Files 161.7 Mail Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. "Thank you for your assistance in this matter. Sincerely. Michele Philips cc: Mooresv°ille Regional Office Central Files JUG N. C. Division of water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone. (9191 733-7015 Internet hk9'p7!h2o.enrostale.nc us 512 N. Salisbury Si. Raleigh, NC 27604 Fax: (919) 733-0719 EC10 No `hCarolina A'alural/rr Customer Service 1-877-6236748 An Equal opportunity/Affirmative Action Employer Notice of Incomplete Discharge ©ring Report Permit Number: Facility: jr1 County: DMR Month and Year: The Division of Water Quality deems the aforementioned DMR as incomplete due to the following reason(s): (Please see the highlighted areas on the attached DMR for details.) n values are illegible. ❑I The Average, Maximun , and/or the Min mum data points have been omitted. © The Units of Measure have been onutted or are incorrect. CI The DMR Parameter Codes have been omitted. Li Other: Plir INFLUNT NPDES PERMIT NO NC0072940 DISCHARGE NO 001 MONTH April YEAR 2005 FACILITY NAME High Shoals State Street CLASS I COUNTY GASTON ft Facility Status: ( Please Check one of the following) All monitoring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies de n t meet permit requirentis Compliant Noncomp ant If the facility is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance. ect., and a time table for improvements to be maid" " I certify, under of law, that this document and all attachments were prepared under my direction or supervasicn 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," City of High Shoals Permittee Address 00010 Temperature 00076 Turbidity 0008i Color (Pt Co) 00082 Color (ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 5005 00340 COD 00400 pH 00530 Total Supended Residue 00545 Settleable Matter Dennis Gilbert Mayor ee (Please printgr type) Signature of Permittee" 0 Eox 6 High Shoals NC 28077 ©C1556 Oil 00600 Total 00610 Amrn PARAMETER CO ease 00951 Tot& Fluoride lrogen 01002 Total Arsenic is Nitrogen 00625 Total ►gelhal 01027 Cadmium Nitrogen 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01034 Chromium 00665 Total Phosrphorous 00720 Cyanide 01037 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride Parameter Code assistance may be obtained by calling Total Cobalt 01042 Copper 01045 iron 01051 Lead (704)71551 F ot1 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Seleium 31616 Fecal Colfform 32730 Total Pheniclics 34235 Benzene 34481 Toluene 38260 MBAS 395t6 PCBs 50050 Fiow he Water Quality Compliance Group at (919) Date February 20 0 Exp, 50060 Total Residual C'hiodne 71880 71900 815.51 ex1, 581 or 534 Formaldehyde Mercury Xylene The monthly average for fecal cot facility's permit for reporting data. be reported as a GEOMETRIC mean, Use only units designated in the reporting ORC must visit facility and document visits n of facility as required per 15A NCAC SA .0202 (b) (5) (E), " if signed by other than the permlttee, delegation of signatory authority must be on file with the state per 15A NCAC 26 .0506 (b) (2} 0 Michael E. 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 Date May 25, 2006 Dennis Gilbert, Mayor City of High Shoals PO Box 6 High Shoals, NC 28077 Subject: Notice of Incomplete Discharge Monitoring Report NC0072940 Dear Permittee: OA) The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete, Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staffs ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR, you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: -11:711; Attention: Michele Phillips Division of Water Quality Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-16 7 Future DMR submittals with the same or similar problems will be unacceptable. If you have any questions about the proper completion of DMRs, please contact Michele Phillips at 919-733-5083 Ext. 534. Thank you for your assistance in this matter. Sincerely, Michele Philips cc: Mooresville Regional Office Central Files N, C. Division of Water Quality 1617 Mail Service Center htemet httfr//h2aercstate.ncus 512 N. Salisbury St, An Equal OppixturnitytAffirmalive Action Employer Gat 1\120Carohna Aaturaity Raleigh, North Carolina 27699-1617 Phone: (919) 733-7015 Customer Service Raleigh, NC 27604 Fax (919) 733-0719 1-877-623-6748 Notice 0a Permit Number: Facility: County: r DMR Month d Year: P Discharge Monitoringng Report The Division of Water Quality deems the aforementioned Dcomplete dueto the following r n : (Please see the highlighted areasthe arttached DMR for details.) The Average, ri i ni n data a ints have been omitted The Units ure have been omiomitted or incorrect. The Parametei Codes have been 01131 CERTIFIED MAIL RETURN RECEIPT R1QUESTED The honorable Dennis Gilbert, Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Dear Mayor Gibe. Michael F. Easley, Gave William G. Ross Jr., Secretary North CaroUna Department of Environment and Natural Resources Alan W. Rlirnek,, PI, Director Division of Water Quality June 1, 2006 7003 2260 0001 3493 9306 Notice of Violation - Effluent Li. Rations Tracking #: NOV-2006-LV-0253 City of High Shoals State Street WWTP NPDES Permit No, NC0072940 Gaston County A review of the March 2006 self -monitoring report for the subject facility re r ea the following parameter: J J2 Parameter 001 BOD Reported Value Permit Li d a violation of 35.5 mg/1 (monthly average) 30,0 mg/1 (monthly average) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations, If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact at 704/663-1699, cc: Point Source Branch Gaston County Health Dept. Sincerely, esiev" o D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Internet: wwwricsvators,malivQ,Eg Divisron oft}Tater Quality 610 East Center Ave„ Suite 301 Mooresvdle, NC 2,8115 Phone 704.663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 4 The Honorable Dennis Gilbert, Mayor Town of High Shoals Post Office Box 6. High Shoals, North Carolina 28077 Subject: Dear Mayor Gilbert: Michael t Easley, Girt William fa. 1 <a s tt., Swe,eet North. Carolina Dem 'merit of Environment :and tttaraV Pesi tar Alan V . Klimek„ PI. Director Division of WPtter Quality 2006 Results from Effluent Sampling Analyses State Street W VVTP NPDES Permit No, NC0072940 Gaston County, N.C. Enclosed please find the results from the laforatcry analyses performed on the effluent samples from the ','own of High Shoals' State Street Wastewater Treatment Plant (WW"FP). The samples analyzed were grab samples collected during the Compliance Sampling Inspection. performed by Mr, Wes Bell on December 8, 2005. 1 he results of "the ef`f)u this letter to the inspec cf cotrtpliance aitla flee. etfltreaat pertaait lirztits. of Dec- ber 19, 2005 to complete your records on the The report should be se„xplarra i y however, should you have any questions concerni report, please do not hesitate to contact hlr. Bell or me at (704) 663-1699, Enclosure cc: Gras fvloraresville Regir'}nal 0 i'ac Internet rrwv.t7an9er aarc� Sin )epartnlent P.E. t'ater Protection Rc liona1 Supervisor ?rb 610 PIta,ne 704 663-1693 l'arstnmer'Servit C 28115 Fax 704-663•60 0 1-877-62 3-6' 48 An Equal OpportunitylAffirmatrue Action Employer -- 50%. Recycled/10% Post Consumer Paper ANALYTJCAL RESULTS SHE T 1E. OF FA( 1L:I.TY: Mate Srrcct W r' TP rrple Dateds): 10,'8 ()5 NPDES Permit. No. NC 00 2940 County: 1 I Phenols, ug 1 COI.): High., lrr, COD: 11id.e mull Coll Form: Fecal, t 100 ml Total t C olticarrra: Tube Fecal mass: Dry weight iriass: Peii .ash Free -N, riu I 14 Co : "Luke I"otal, NIPN FKN. Redd mg/I. NO, NO,, mg,/1 Volatile, m d, ing-rl ctal, rn rtl. ended, rT4"n.� 1 8 \'o[atile.n/1 A z-Silver, ue/1 Fixed, n Solids, ml/I Be -Beryllium, ug1 TUC", 6.10 Ca-Calciurn, C d C'rdrniuin, ug'1 Co-Cobaalr Cr-C1rrorniunl. Tutrel, nd grease, n Cyanide, mg! mg 'I Total, m,gi`I. un-lhos/em Residual Chlorine., ug l lt) VOC 9-0 Notice of Incomplete Discharge Monitoring Report u. s , Permit Number: ' "CD U Facility: County: DMR Month and Year: MAY C The Division of Water Quality deems the aforementioned DMR as incomplete due to the following reason(s): (Please see the highlighted areas on the attached DMR for details.) 0 The written values e gible. ❑ The Average, Maxrn, and/or the Minimum data points have been omitted. 0' The Units of Measure have been otitted or are incorrect. Q The DMR Parameter Codes have been omitted. tla Other:. Michael F. Easley, Governor Wiflani G, Ross Jr,, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P., E. Director Division of Water Quality Date April 27, 2006 Dennis Gilbert, Mayor City of High Shoals PO Box 6 High Shoals, NC 28077 Subject: Notice oflncomplete Discharge Monitoring Report NC0072940 Dear Permittee: The purpose of this letter is to call your attention to problems with the recent submittal of the Discharge Monitoring Report (DMR) from your facility. As you may know, the data recorded on your DMR is keyed into the Division's database. Our data entry staff has informed me of problems with your recent DMR submittal. Until these problems have been corrected, your DMR will be considered incomplete. Please see the attached form along with a copy of the problem DMR for details regarding the DMR's deficiency. Incomplete or illegible DMRs affect our staffs ability to provide a timely and effective evaluation of DMR submittals. Please be aware that until the Division receives a corrected DMR, you may be considered noncompliant with your NPDES permit and 15A NCAC 02B .0506, and you may be subject to further enforcement action. Please take the necessary steps to correct the problems and submit two copies of the amended DMR within fifteen (15) days of the date of this letter to the following address: Attention: Michele Phillips Division of Water Quality Central Files 16'17 Mail. Service Center Raleigh, North Carolina 27699-1617 Future DMR submittals with the same or similar problems will be unacceptable. If yOU have any questions about the proper completion of DivIRs, please contact Michele Phillips at 919-733-5083 Ext. 534, Thank you for your assistance in this matter. Sincerely, Michele Phillips cc: Mooresville Regional Office Central Files N9onerthC aro li na naturally N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Phone; (919) 733-7015 Customer Service Internet http://h2aenr.state.nc,us 512 N. Salisbury St. Raleigh, NC 27604 Fax: (919)733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Errployer Dennis GGilbert, Mayor City of High Shoals PO Box 6 High Shoals, NC 28077 SUBJECT: Dear Mr. Gilbert: North Carolina Depart February 15, 2006 Payment Acknowledgment Civil Penalty Assessment State Street WWTP Permit Number: NC0072940 Case Number: LV-2005-0443 Gaston County Michael F. Easley, Governor William G. Ross Jr,, Secretary nt of Environment and. Natural Resources Alan W. Klimek, P E. Director Division of Water Quality �iCE This letter is to acknowledge receipt of check number 20181. in the amount of $185.04 received from you dated February 13, 2006. 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 Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LV-2005-0443 DWQ Mooresville Regional Office Supervisor Central Files C 1617 Mail Service Center Raleigh, NC 27699-1.617 (919) 733-7015 Customer Service 1 800 623-7748 PAY TO THE ORDER OF CITY OF HIGH SHOALS P.O. BOX 6 HIGH SHOALS, NC 28077 PROVISION FOR THE PAYMENT OF THIS CHECK HAS BEEN MADE BY AN APPROPRIATION DULY MADE, PURSUANT TO THE LOCAL GOVERNMENT BUDGET & FISCAL CONTROL ACT. One Hundred Eighty Five Do NCDENR DIV OF WATER QUALITY CIVIL PENALTY DEPT 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 BANK OF AMERICA 66-19/530 02/13/2006 0020 L8 Le 1:0 5 3©00 L 96t: 000 5 2 2 3 3 7 7611' Y 20181 20181 AMOUNT V Tr& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 18, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Dennis F. Gilbert, Mayor Town of High Shoals P.O. Box 6 High Shoals, NC 28077 Dear Mayor Gilbert: William G. Ross, Jr., Secretary Alan W. Klimek, PE,, Director 7003 2260 0001 3492 7341 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC, General Statute 143-215.1(a)(6) and NPDES Permit No. NC0072940 High Shoals - State Street WWTP) Case No, TV-2005-0443 Gaston County This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $185.04 ($100.00 civil penalty + $85.04 enforcement costs) against the Town of High. Shoals. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by the Town of High Shoals for the month of July 2005.,This review has shown the subject facility to he in violation of the discharge limitations found in NPDES Permit No, NC0072940. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of High Shoals violated the terms, conditions or requirements of NPDES Permit No. 'NC0072940 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- .415.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, D. Rex Gleason, Surface Water Protection Regional Supervisor for the. Mooresville Region, hereby make the following civil penalty assessment against the Town of High Shoals: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28'115 Phone: 704-663-1699 Fax: 704-663-6040 / Internet: h2o:enr:state.nc:us An Equaf portunity/Affirmative Action Employer - 50% Recyclec1110°/0 Post Consumer Paper One NorthCarolina aturally 100,00 100.00 85.04 185.04 For 1 of the one (1) violation ofG.S, 14 3- 2 ➢ 5,1(a)(6) and NPDES Permit No. NC0072940, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for Fecal Coli.form, TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to G,S. 143-215.6A(c), in determining the amount of the penalty ➢ 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: (4) (5) (6) (7) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; The duration and gravity of the violations; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violations were committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and. The cost to the State of the enforcement procedures. thirty days of receipt of this notice, you must do one of the foliowPi ng. Submit payment of tyre penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699 OR 617 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 theTive factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes Why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below, in determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment ofthe petitioner; whether the violator promptly abated continuing environmental damage resulting from the violation; 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 .) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice; The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source 'Branch Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR ll iie 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.rn., except for official state holidays. The original and one (1) copy of the petition must he filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-671.4 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Many Penny Thompson, General Counsel Department of Environment a.nd Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1.601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise erne f the options above within thirty (0) daces raf receipt of this letter. as e ideneed by anirrtert al date='`tire received starer not a p stntar v ill result in this n'tatter being referred to the Attorney General's Office for collection of the penalty through a cis i1 action. Please be advised that additi.nalxrallies a ' be assessed for tt awns that occur after the re ie period of this assessment. If the violatioors are crta cc ntinuint operation andflor maintenance problems,. and you anticipate remedial const ction acti vibes, then t€ rr-ra ' isl to consider applving for a SpeeiaOrder by Consent, ll` au have any questions about this ei i1 enalssessrrient or a Spec i l rder b nt, cos r r tact tyre trrtace Water Prete.ic n Section staff of the Moore °iIIirt A.CI IMFN IS 704 attirenot related to D. Rex Gleason P., Surface Water Protection Reg nal. Super Mooresville Regional Office I i ,ision of \ Water t er< lit Surface G afar protection Regis nal Super isor aehn nts Compliance " r forcerent File v °l attachments Central piles I attachments RMB ri hits, J Parat Fecal Col ttchtr To%vn of High Shoals State Street WWIP NPDES Permit No, NC0 72 4 Case se lumberLV-2005-0443 20(l ekly Ave age tit Reportedd Value 530 * denot s< ss ss stof eivi.l er l r ola 400 its #1100 nil OF Nb I H "AROLINA CO I.:I \..' OF Gaston IN THE MAT1 iR OF ASSESSIME `f CIVIL PENAL FIES AGAINS`I TOWn of High Shoals PERMIT NO, NC0072940 DEPART KILN 1" Cif' ENVIRONMENT AND NA ESOURCES OF RIGHTIt AN ADMINISTRATIVE HEARING AND STIPULATION OF'FACTS laving been assessed civil penaltiestaling S1 04 for illation } as set forth in the assessment document of the Ii\xisiun of Water Quality dated ISlovember 1 00, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the rl 1at to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. "File undersigned further understands that all evidence presented in support of remission oftltis civil penalty must he submitted to the Director of the Division of Water Qtuality ithin 30 days of receipt of the notice of assessment. No new evidence in support of a remission rugliest will he alloLved alter 30 days from the receipt of the notice cif assessment, the d.r„tt fl D RL.SS BY )NE JUSTIFICATION FOR RE: DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: LV-2005-0443 Town of High Shoals NC0072940 (State Street Gaston S185.04 Please use this form when requesting remission of this civil pe. i.. Y. You must also complete the "Kent er Right to an Administrative .Hearing and ,tipulation oJ'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 NC.G.S.143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment ctars are listed in the civil penalty assessment document); (b) the violator promptly abated con lino environmental damage resulting from the violation (i.e„ explain the steps thato correct the violation and prevent Imre occurrences); (c) the violation was inadvertent. or a result of an. accident (Le., explain vvhy the violation was unavoidable or something you could not prevent or prepare ); (d) the violator had not been assessed civil penalties for anv previous v. s; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions o xplain how payment of the civil penalty will prevent you,from pertbrming the activities necessary to achieve compliance), EXPLANATION: EFFLUENT NPDES PERMIT NO NC 7 340 DISCHARGE NO 001 MONTH F, CI NA.N1 t5 S. ES St f S{t Rr t,LASS COUNTN GA CPERATER Ifs RCS 0:NSIELE CHARGE (ORS) JO SEFH R ER7IBD LABORATORIES i 11 K. & VV LASS (2) NSA HE <IL _tC. E CR HAS CHANCED PERSON COLLECTING _,..\1FLES JOSEPH R. OTE .l.R. mad ^n, [NAL and ONE COPY to: ATTN' CENTRAL FiLE5 .. CF E J`d R , TrE,°3' A EMENT 1617 h,.1,Ai+_ SERVICE CENTER (.3!GNAT(Jt OPERATOR PN RESPONSBLE CHARGE} BY THIS SIGNATURE , I CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLED EII FHCrrE ; 6'4-82 58.3h DATE Facility Status, ( Please Check one of the .following) AU oring data and sampling frequencies meet permit requirements All monitoring data and sampling frequencies do not meet permit requirentis xxx Compliant Noncompliant If the facility is noncompliant, please comment on correctives actions being taken in respect to equipment, operation, maintenance, ect, and a time table for improvements to be maid. We are currently in compliance. t certify, under 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 galher and evaluate the information submitted, Based on my inquiry of the person or persons who manage the Sy.'.,lern,or those persons, directly responsible for gathering the information, the information submi1ted 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 " Dennis F. Gilbert - Mayor Per e (Please print or t‘,4) ture of Per tee— r) - Date PO Box 6, High Shoals, NC 28077 704-735-1651 7/31/2005 Phone Permit Exp Dat Permittee Address 00010 Temperature 00076 Turbidity 00080 Color (PtiCci) 00082 Color (A.C)Mi) 00555 00500 00610 OC)625 00095 Conductivity 006.30 0030.0 Dissolved Oxygen 00310 8005 00340 COD 00400 pH 00530 Total Supended Residue 00545 Settleable Matter 00665 00720 00745 00927 00929 00940 PARAMETER CODES Dil & Grease 00951 Total Fluoride Total Nitrogen 01002 To1al Arsenic Ammonia Nitrogen Total Ktelhal 01027 Cadmium Nitrogen Nitratesitilitrites 01032 Hexavalent Chromium 01034 Chromii„im Total Phosrohoi-ous Cyanide 01037 Total Cobalt Total Sulfide 01042 Copper. Total Magnesium Total Sodium 01045 Iron Total Chloride 01051 Lead 01067 Nickel 01077 Silver 01092 Zinc 01105 Aluminum 50060 01147 Total Seleium 71880 316/6 Fecat: Coliform 71900 32730 Total Phentoikos 31551 34235 Benzene 3,4481 Toluene 38260 MBAS 39516 PCBs 50050 Flow Parameter Code assistance may be obtained by cilling the \Neter Cluaiity Comptiance Group at (919) 7'33,5033, ext. 581 or 534 The monthly average for fecal co.liferm is tO brr reported as a GEOMETRIC mean Uso or5y unifs designated in the reporting facirlity's permit for reporting data 080 must visit facility and document i.ositation cf fastity as required per 15.A NC,A.0 )3A .0202 (b) (5) (,B) if7;,147,r-1.] by other khan the oermiltee, delegation of signatory authority nrust be on file with the state Pilif34,4, 7,4,,416'56 0506 C)) Total Residual Chlorine Formaldehyde Mel-000y ttitylere SO C Permit Nr A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIEONTS — FINAL the Perri and monitorec .tal e..rpitatar)IL �e lirniteci. EFFLUENT CHARACTERISTICS ur Total hlorine Tern;Fcrnturke (C I. The rno.ntl- not exceed The pI~l slia There shall be no d Monthly Average 0,0159 MGO 30.0 ITS Weekly Daily Average Maximum 200/100 rrrN l 400/ 00 rnl 0NITOR ING REQUIREMENT suremen Frequency Weekly cnth Sample Type Sample Location neous 2r'tvlcnth Grab Monthly Grab 2/Month Grab r Effluent Effluent Effluent Effluent b Effluent 2iMonth Grab t U5 °and Tot rI rrsr e nclr cl %e is r re c cO• ncrc• carve influent va (lard units nor ;rcater tharr 9.0 standard r,Ini, Effluent Effluent rig solids or visit, rlr. foam in °thee than trace E rlicau City of Shoals ;: PO Box 6 1lliSheala NC 2' 435.16 1 hued rdr�tt 0 E Center Av., Moo sill, NC 28116 Deur NE dg Thep lithe zd bur W1 b' me p p r ca tzTEC, p: T and Temp until su We N pinupout Ce Street W the Ott rectifiedor at on r hrgant t6 cater paper work. cad per work praylar to ct y rival ShoMs nunShoal pti Tank out the c1 ate The City of lit re bags we will Ales Bellcould ltl If you Jose R w et o keep all l eaves upech d. As so out and consider `ring The City d r 'et. isx tlt bottle Ve que us please 704-7'35 'loge irk t�t7ad t collect fl1I ; CO :OZ 93°; T Ioseph R Cote Jr. s, NC 28077 pft A r 70467354651 04-735-5595 hard Bridget -non ce rsill2 Fax hr x; 7-A0 Total Com Dear Mr. did not° ¢t said could have al Joe Date -2006 7-7 For your W a p port until Bell fax, it to 5-2 6 sp OZ S - „ Gq,101 (-4 Dear Mr. Bridgeman The records are now being organized as recommend by the inspection team. Copies have been sent to Chat Whiting for review. A system performance report copy is included with this letter, the original has been sent in, ROD & TSS removal efficiencies have been add to the DMRs The DMR spreadsheet has been changed to show removal efficiencies The DMR spreadsheet has been changed to show ungrounded numbers. The DMR spreadsheet has been changed to show "less than" as required. The sample pull times are recorded on the lab chain of cusdty. The data for the period that Eric Onis was ORC is as complete as possible at this time, If more data is found an amended DIVER will be sent in. Eric Onis was ORC at that time; the DMR that he did not fill out, was filed out and sent in after Eric Onis had left the City of High Shoals. Because Eric Onis was ORC at that time no one ealse can sing the DMR. There is a swamp between the plants and the outfall; a bout would be required to get to the outfall. If sefsint time is giving before an inspection I should be able to bow a conue to reach the °Wall. If you have any questions please call me at 704-735-1651, Thank you, Joseph R. Cote, Jr, Mucixael F. Easley, Go thorn G. Koss Jr,, Sec North Carolina Department of Environment and ,Natural Resources Alan W Klimei, F. E_ f7ireetor Division of Water Quality August 25, 2005 7003 2260 0001 3492 6634 The Honorable Dennis Gilbert, Mayor Town of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Notice of Violation/Notice of Recommendation for Enforcement Compliance Evaluation Inspection State Street WWTP NPDES Permit No. NC0072940 Gaston County, N.C. Tracking #: NOV-2005-PC-0201 Dear Mayor Gilbert: Enclosed is a copy of the Compliance Evaluation Inspection. Report for the inspection conducted at the subject facility on August 17, 2005 by Mr. Wes Bell of this Office. Please advise the facility's Operator - in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. This report is being issued as a Notice of Violation (NOV) and Notice of Recommendation for Enforcement (NRE) due to the limit and monitoring violations and the failures to provide the proper operation and maintenance in violation of the subject NPDES Permit and North Carolina General Statute (G.S.) 143-215.1, as detailed in the and Summary/Record. Keeping, Summary/Effluent Sampling, Septic Tank, and Sand Filter (Low Rate) Sections of the attached report, Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.O0) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. It is requested that a written response be submitted to this Office by September 14, 2005, addressing the deficiencies noted in the Operation & Maintenance, Septic Tank, Sand Filter (Low Rate), Summary/Record Keeping, and Summary/Effluent Sampling Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. A meeting is requested with you to discuss the issues noted in the inspection reports for your three NPDES perrnitted facilities. Please advise if September 15, 2005, at 10:00 A.M. is suitable. If not, please contact this office to reschedule the meeting. oliaa fly N, C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave, Suite 301 Etta a ville NC 28115 4 63-1699 Cost 1-877-623-6748 Mayor Dennis Gilbert Page Two August 25, 2 This 1 is also to advise you that this Office is considering sending a recommendation for eriforcernent action to the Director of the Division of Water Quality for the continued violations (failures to provide proper operation and maintenance) of G.S. 143-215,1(a) and NPDES Permit No. NC00729440, if you have an explanation for the violations that you wish to present, please include it in the request,, response. Your explanation will be reviewed and if an enforcement action is still deemedappropriate, your explanation will be forwarded to the Director along with the enforcement package for his consid- :tion. The report should be self-expi :tory; however, should you have any questions concerning this report, pi- e do not hesitate to contact Mr, Bell or me at (704) 663-1699, Enclosure Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Gaston County Health ep ent Transaction Code 2u NPDES r cOD7.?9 O United States tanviranarrrttet r rriten Agency westrit ton t3. tkl Inspection Report Cron A: National' Data System Coding (i.e., PCS) J 11 121 yr/mo/day l 1 1 11 1 LI 11 I 11 L€LI1L 11J 17 nspection Work Days Facility Self -Monitoring Evaluation Rating B1 OV�A; s 1 69 70 71 U LJ 72 ection B: Facility Name and Location of Faciirty Inspected (For industrial Users discharging to POTW, also Include PDTW name end NPDES permit Number) Names) of Onsite Representative(s)frities(s)/Phone and Fax Number(s) Name, Address of Responsible Official/I-Me/Phone and Fax Number Inspection Type Inspector Fac Type 16 19 Li 20 L Contacted aria Gilbert —PO Box 6 HIgh Shoals NO �gL,77/Maya.',/d04 735_1651/ Section C: Areas Evaluated During inspection (Check only those areas evaluated) Permit , Row Measurement 111 Operations & Maintenance ,Records/Reports Serf -Monitoring Program II Sludge Handling Disposal • Facility Site Review II Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Cornrrtents (Attach additional sheets of narrative and checklists as necessary) 6 -�----Reserved 4 751 j 1 1 _1. 11 i 8° Permit Effective D 6 PM C5/08,/17 it Time/Date Date a5/0 /1 10/07/31 (See attachment summary) Name(s) and Signatures) of inspector(s) Signature of Management Q A Reviewer Richard M Sr.. EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Agency/Office/Phone and Fax Numbers Date 704_663 1116d9E. SUMMARY RE QRD KEEPING cont'd: Self -monitoring reports were reviewed for the period June 04 through May 05, inclusive, Weekly average effluent fecal coliform violation was reported for the week of 8/16/04 - 8/20/04. The records were not organized and several months of the field sampling data could not be located, The Permit requires that all monitoring information (including calibration and maintenance records) be kept on file for a period of three years. No system performance annual report for 2004 (fiscal or calender year) was performed by the permittee as required by N.C.G.S. 143-215.1C. in addition, the facility staffhave failed to document the treatment plant's removal efficiencies (BOD and TSR) onto the DMRs as requested in the previous inspection report dated September 3, 2004. The ORC was incorrectly rounding effluent values. in addition, the "less than" values were not being properly calculated in determining the monthly average values. The current ORC (as of September 04) has improved the facility's overall self -monitoring program. EFFLUNT SAMPLING cont'd: Numerous monitoring violations were noted during the review period. No flow was reported for June 04 and the weeks of 6/28/04 - 7/2/04, 7/19/04 - 7/23/04, and 8/30/04 - 9/3/04. No effluent temperature was reported for the weeks of 6/21/04-6/25/04, 6/28/04 - 712/04 and 7/19/04 - 7/23/04. No effluent TRC values were reported the weeks of 6/21/04 - 6/25/04, 6/28/04 - 7/2/04, and 7/19/04 - 7/23/04. Only one TRC value (twice per week required) was reported for the weeks of 6n/04 - 6/11/04 and 6/14/04 - 6/18/04. The 10-day interval between the collection of the twice per month samples (BOD, TSR, and fecal coliform) was not adhered to for July 04 (BOD and TSR only) and September 04. Note: The BOD and TSR samples include both influent and effluent samples. No permittee signature page were submitted for August 04, Amended DMRs should be resubmitted if any of the above -noted discrepancies were transcription errors. A copy of the field sampling data verifying the transcription error (if any) should be submitted to this office for review prior to any submittal of amended DMRs. The noncompliant box was not appropriately checked for June 04, July 04, and September 04. If the facility failed to meet any permit limits and/or monitoring frequencies, then the noncompliant box should be checked with the corrective actions documented in the comments section. No ORC and/or Backup ORC visitation was documented for the weeks of 6/21/04-6r25/04, 6/28/04 - 7/2/04 and 7/19/04 - 7/23/04. The ORC did not sign the June 04 DMR. The docurnentation at the top of the DMR-1 effluent form was not completed properly for August 04. The influent sample times for BOD and TSR were not documented for the entire review period except July 04, The ORC and peiwittee must ensure all DMRs are accurate and complete prior to submittal to the Division. It is the permittee's overall responsibility to ensure all monitoring information is properly documented and retained according to the requirements of the permit and supporting regulations. SEE ATTACHED CHECKLIST Permit of the present permit erxpires In ti months or lest. Has the permitter submitted a new application? Is the facility as descrir ed in the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to .all areas for inspection? Comment. The facility has a total of tour distribution boxes (circular), Operations & Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control pararneters, for ex: MLSS, MCRT, Settleable Solids, pH DO, and other that are applicable? Comment: The plant grounds were not property maintained. D tit fectton-Tahlet Are tablet chlorinators opr rational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to cle-chlorination? Comment Several inches of sand was observed throughout the contact chamber, dge Judge, Type of system ? Is the feed ratio pro danrtt rust to chlorine amount 1 t 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: Both chlorination and dechtorination tablets were being stored inside a storage building. All tablets were enclosed in the rna.nufacturor's container, Purnp Station - Effluent Is the pump wet well free of bypass lines or structures? Are all pumps present? Are ail pumps operable? Are float controls operable? Is SCADA telemetry available and operhtrciruai? Is audible and visual alarm available and operatrtrrtal? Comment: ,Sentir Tank (if pumps are used) is an audible and visual alarm operational? Is septic lank pumped on a schedule? Are pumps Or syphons operating properly? Are high and low water alarms operating property? Yes Nn NA NF ❑ ■ ❑ ❑ ■ 0 0 0 ❑■0 ■ © 0 ❑ ■ ❑ 0 0 Yes Nn NA NF ©■00 0 0 ■ 0 Yes No NA NE ■ 0 0 0 ■ 0 0 0 2 MOOD ■ ❑ ❑ © ❑ ■ yes No NA N! Tablet ■ 0 ❑ 0 ■ 0 0 © ■ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ 2 ■ 0 0 Yes Nn NA NF ■ 0 0 ■ ❑ 0 III ©0❑ II ❑ ❑ ❑ ❑ 0 ■ ❑ ■ 0 0 Yes No NA ❑ ❑ II ■ ❑00 ❑ ■0❑ O 0 ■ 0 ,Senor Tank yes Nn NA NF Comment; The interior wait of one of the septic tanks was severely deteriorated. The settling chamber was leaking through this deteriorated wall and into the dosing chamber. The syphon system in this septic tank was not operational. The ORC was pumping the influent into the dosing tank of the second septic tank. Sand Fillers (I ow ratel Yes No NA NF ❑ ❑ ■ (If pumps are used) Is an audible and visible alarm Present and operational? is the distribution box level and watertight? Is sand filter tree of pondincj? Is the sand filter effluent re-cir :d at a valid ratio? Is the sand filter surface free of algae or excessive vegetation? Is the sand fitter effluent re -circulated at a valid ratio? (Approximately 3 to 1) 0 0 II 0 Comment; Excessive vegetation was observed in three of the four fitter beds. Solids had not been removed from one of the fitter beds. The filter beds were in poor condition and needed extensive maintenance. In addition, this office questions the underfiow drainage system (of the filter beds) due to the sand accumulations continually observated in the contact chamber and effluent. J ahnratory(; YRS No NA NE Are field parameters performed by ce Are ill other parameters(excluding fie is the facility using a contract lab? Is proper temperature set for sample storage ((ep ed personnel or laboratory? parameters) performed by a certified lab? 4 4 degrees Celsiusy 1= Incubator (Fecal Coliforn)) set to 44.5 degrees Celsius+l- 0,2 degrees? ❑ II ❑ U ❑ ❑ 0 U ❑ ❑ ❑ ❑ ❑ ■❑❑❑ 11❑❑❑ ❑ • ❑ Incubator (BQD) set to 20.0 degrees Celsius +,r- 1.0 degrees? ❑ ❑ ■ 0 Comment; On -site field analyses are performed under laboratory certification ' i3t9, Please refer to Mr. Chet Whiting°s (Division's Laboratory Certification Unit) inspection report regarding the facility's laboratory practices. Dow Measurement - lnflueftt Is flow meter used for reporting?' Is flow meter calibrated annually? Is the flow meter operational? (tf units are separated) Does the chart recorder match the flow meter? ❑ ❑ ■ 0 Comment: instantaneous flows are measured by a dose counter, The ORC indicated that the dose counter was not a reliable flow measuring device, The ORC should utilize the pump flow rates and run times (at the effluent pump station) for future flow measurements. Record Keepinu Are records kept and maintairlec9 as rerytaired by the permit? Is all required information readily available,. complete and current? Are all records maintained for 3 years (tab, reg. required 5 years).? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results, et analysis and calibration Dates of analysis Name of ioerson performing analyses Transported COCs Are DMRs complete: do they include aIt permit parameters? Has the facility submitted its annual compliance report to users and DLNG? (If the facility is = or > 5 MOD permitted flow) Do they operate 24/7 with a certified operator on each shift? is the ORC visitation log available and current? Is Inc ORC certified at grade equal to or highert.nan the facility ctassisc dorm?" YP.s Nn NA NF ❑ ❑• ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ YPS Nn NA NF • ■ ❑ ❑ ❑ I ❑ ❑ ■ ❑ ❑ ❑1100 • ❑ ❑ ❑ 0 1 ❑ i 0❑ i ❑ II ❑ ❑ ❑ perattar certified at one e ttr t NPDES permit av boa y has copy c t prrt tmraus year's Amin ai Report on Nu i[>r raxvie Comment: See "Sum mwy°Section for additional cornrnents tart€ Sarrmanit is r t4i polite samphng ftt9e ^ prraporBic,naf? 1s sample craiected alive side sireams?' Is proper vrmitrrxae craltedted' Ls the tubing clean Is proper temperature set Is sampling a rfcmed e Comment ttaent Rarrapiint pr, amPi e stearage kept ri to the permff7 Is annpcsite samplingfl prrspartirarraS' sample collected betr'rvsa ail treatrraerrf dr is proper vcaltfrne collected Is tltc tubing clean'• Is proper temperature se rr. 4.4 degr - s elstus)y' 7 pie storage (kept at 1.t to 4.4 degrees ?s She fat entity a npfmr g erfnrrr�d as reg€isred by the permit nmraent: Summery C h-for:additionatOOMMenta, }at'rtt Cipe Is rm tot of way to the otrdalt properly mi Are the receiving water ire rat foam othr rt (diffuser pipes are Comment: The effluent appeared slit The CRC and staff must ensure the of geaency, saf ue amounts and ottaer debris? Yes N NA NF Yes Nn N 1.000 Yee.. f~tn NA NF ntat9vel Yes_ No NA NF d) are they operating'properly? ttrri>i i suspended solids and sand deposes. No foam arras observed, l t is a sable at all tint for l girt: Dennis Gilbert City © h Shoals PO Box 6 High Shoals, NC 28077 SUBJECT: Dear Mayor Gilbert: Depa October 10, 2005 Payrnent Acknowledgment Civil Penalty Assessment River Street Permit Number: NC0024155 Case Number: LR-2005-0012 and LR-2C1 5- Gaston County Michael F, Easley, Governor William G, Ross Jr., Secretary nt at En mnment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 1%, T. Cry tilt/ AND NATUFbM. � YOOtESVILLE. c; This letter is to acknowledge receipt of check nu.rnber 19954 in the amount of $2,200.00 received from you dated September 29, 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 Robert L Sledge at 919-733-50S3 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LR-2005-0012 and LR-2005-0013 DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raul h, NG 27699-1617 (919) 733-7015 Customer Service 1 800 623-7746 One Npi-thCLinz atural PAY TO THE ORDER OF CITY OF HIGH SHOALS P.O77 PROVISION FOR HE PAYMENT OF THISCHECK HAS BOX 6 HIGH SHOALS. NC SOBEEN MADE Eh AN APPROPRIATION DULY MADE, PURSUANT TO 1`HE LOCAL GOVERNMENT BUDGET & FISCAL CONTROL ACT. BANK OF AIRICA 66.19/530 Two Thousand Two Hundred Dollars and 00 Ce iii , MICA Sf-OALS, NC 0 0 Dot 09/29/2005 NCDENR DIV OF WATER QUALITY CIVIL PENALTY DEPT 1617 MAIL SERVICE CENTER RALEIGH NC 27699-1617 995411' 1:053000L961: 000512233776H' 4,4USJ'.0 19954 AU ORIZE© Ts AMOUNr" $2,20(100 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Govemor May 10, 2005 CERTIFIED A1L 7000 1530 0002 2099 2378 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert City of High Shoals P. O. Box 6 High Shoals, NC 28077 Subject: Assessment of Civil Penalty for Violations of the Reporting Requirement for NPDES Permit NC0072940 City of High Shoals — State Street WWTP Gaston County Case Number: LR-200.5-0013 Dear Mayor Gilbert: William G. Ross, Jr,, Secretary Alan W. Klimek, P,E., Director Efv,„ 1:1377PT "NM "TEO This letter transmits notice of a civil penalty assessed against the City of High Shoais in the amount of $600.00, including $100.00 in enforcement costs. This assessment is based upon the following facts: the August and September 2004 discharge monitoring report were not filed with the Division of Water Quality within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in your NPDES perrnit. A Notice of Violation dated January 13, 2005 was sent to you (received by the City on January 18, 2005) that advised you of these reporting deficiencies, requested their immediate submittal, and informed you of the potential consequences for failing to submit these and future reports. To date, the August and September 2004 DMRs for the subject facility have not been received by the Division of Water Quality. Based upon the above facts, I conclude as a matter of law that the City of High Shoals violated Part II, Section D.2 of NPDES permit NC0024155 and N.C.G.S. .143-215.65 in the manner and extent shown above. In accordance with N.C..G.S. I43-2156A, a civil penalty of not more than $25,000M0 per violation may be assessed against a person who violates the terms, conditions or requirements of a NPDES permit. Based upon the above Findings of Fact and Conclusions of Law, and pursuant to the authority delegated to me by the Secretary of the Department of Environment and Natural Resources, I hereby assess the following civil penalty against the City of High Shoals: 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,statanc.us An Equal OpportunilyfAtfirmative Action Employer - 50% Recycled/10% Post Consumer Paper One NorthCarolina Naturally The. Honorable Dennis Gilbert LR-2005-0013 p. 2 500 Co 500 • co / 00. 00 o • 00 For failing to submit the August 2004 discharge monitoring report as required by NPDES Permit NC0072940 and G.S. 143-215.65. For failing to submit the September 2004 discharge monitoring report as required by NPDES Permit NC0072940 and G.S. 143-215.65. TOTAL CIVIL PENALTY ENFORCEMENT COSTS TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and Conclusions of Law and the factors listed in G.S. 143B- 282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not .foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: plir he Honorable Dennis Gilbert LR-2005-0013 ' P- 3 Point Source Branch 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 civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. 'The Director of the Division of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: The Honorable Dennis Gilbert LR-2005-0013 p. 4 Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a..m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Mr. Dan Oakley, Registered Agent DENR 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. he Honorable Dennis Gilbert FR-2005-0013 if you have any quest ns, p ase contact r Bob Sledge ai attachments cc: Regional Office Enforcement File Central Files Sinceiely, 9i'9 735083 t nsion 47. Susan A. W lson., P.E. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor September 13, 2005 CERTIFIED MAIL, 7000 1530 0002 2099 1418 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert City of High Shoals P. O. Box 6 High Shoals, NC 28077 Dear Mayor Gilbert: William G. Ross, Jr. „S:earetaz Alan W. KlimekDirct SEP "i E 20ME g '4.44 44, Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0072940 City of High Shoals - State Street WWTP Gaston County Case Number LR-2005-0013 I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of $600.00. If you choose to pay the penalty, send payment to me at the letterhead address within thirty (30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6AM, your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) wi be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Branch Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1617 a Service Center, Raleigh, North Carolina 27699-1617 512 N. Sahsbury St, Raleigh, North Carolina 27604 Phone: 919-733-7015 / FAX 919-733-9612 / Internet: h20entstate,nc.us An Equal Opporlunity/Altirmafive Action Employer — 50% Recycled/10% Post Consumer Paper One NorthCaroltna ,/Vaturally The Honorable Dennis Gilbert ER-2005-0013 p% Your request for an oral presentation and the documcrits in this matter will be reviewed by the EMC `ha man and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made, Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this contact Bob Sledge at (919) .-503, extension .5. attachment cc: Mooresville Regional Office Enforcement file Central Files Sincerely Alan +''.Klimek, P.E. ette please North Carolina Depa Michael F. Easley, Governor Mr. Joseph R. Cote, Jr. City of High Shoals P. O. Box 6 High Shoals, NC 28077 Subject: Dear Mr. Cote: AiPA NCDENR ment of Environment and Natural Resources Division of Water Quality William G. Ross, Jr., Secretary Alan W, Klimek, P.E., Director July 7, 2005 U Remission Request of Civil Penalty Assessment City of High Shoals River Street WWTP NPDES Permit NC0024155 State Street WWTP NPDES Permit NC0072940 Gaston County Case Numbers LR-2605-001.2 . L'R-2 5-0013 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 questio about this matter, please contact me at. Sincerely, Bob Sledge, Environmen Point Source Branch cc: Mooresville Regional Office wlattachments Enforcement File w/originals Central Files w/attachments 919)7 0 Specialist extension 547. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-733-70151 FAX 919-733-24961 Internet:: h2o.enr.state.nc.us An Equal opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper On © hCarona tuna! Point Source BranL Division of Water Quality 1617 Mail Seriices Center Raleigh, h, C 276 9 -16 ➢ r Joseph R. Cote Jr ORC City of High Shoals PO Box 6 High Shoals NC 28077 Dear Sir Please as find the en laasa cl 1 ttn prepared and sent micaaas .d letter,; .and it wais sera back by t1ae past aal tla r eaten is unknown n to me? If you Ix t °t arty° qas .stuns please give me a tall at 7t) - r74-1 Thanks Jose ialt .. ('tits Jr CITY OF HIGH SHOALS Post Office Box High h Shoals, NC 28077 Phone: (74) 735-11 MAYOR Dennis F , Gilbert Point Source Brimch Division of Water tualt 1617 Mail Services Center Raleigh, NC 27699-1617 CITY CLERK Beth l sr - bear Sir a e on with the City of High Shoals on September 15 24. Eric Ovens was action SRC at the time 1 arrived to the City of High Shoals Eric was terminated on January 3, 2005. Robert rt Ballard Was the ORC before Eric took over. Robert was terminated in 2004. I have sent the May D R for State street, an aniended l l tRs fog (Mate Street And River Street) for dune, and August 2004 DMRs (:tat Street And River Street). September as found filed in city hall and has been sent in.. If you have any questions phase give a call at " 4-6 4-1 ' 4, Thanks Joseph R. dote Jr. STATE OF NORTH CAROLINA COUNTY OF GASTON TN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST CITY OF HIGH SHOALS NPDES PERMIT NC0072940 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LR-2005-0013 Having been assessed civil penalties totaling $6(0 00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 10, 2005, 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 , 200 . BY /0( TELEPHONE 7 94 , STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST CITY OF HIGH SHOALS NPDES PERMIT NC0024155 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVVE HEARING AND STIPULATION OF FACTS FILE NO, LR-2045-0012 Having been assessed civil penalties totaling 1,600.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 10, 2005, 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 /1) day of 'Tt'z. Y 200 6. BY ADDRESS fo 5o X l� t CT t) Sly 44145 /VG ,Z '7 7 TELEPHONE °4 73S- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor January 13, 2005 CERTIFIED MAIL 7000 0500 0002 6814 3892 RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert City of High Shoals P. O. Box 6 High Shoals, NC 28077 SUBJECT: NOTICE OF VIOLATION NOV-2005-LR-0007 City of High Shoals — State Street WWTP Gaston County NPDES Permit NC0072940 Dear Mayor Gilbert: William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director 1617,,:tit JAN 1 4 2005 This is to inform you that the Division of Water Quality has not received your discharge monitoring reports (DMRs) for August and September 2004. Water quality regulations require that monthly monitoring reports shall be filed no later than 30 days after the end of the reporting period for which the report is made. Failure to submit reports as required will subject the .violator to the assessment of a civil penalty of up to $25,000 per violation. To prevent further action, please submit these reports to the attention of Bob Sledge at the letterhead address within 15 days or notify this office as to any problem preventing their timely receipt. You will be considered noncompliant with the self -monitoring requirements of your NPDES permit until the reports have been submitted. This letter additionally provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the required time frame during the next twelve (12) reporting months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, avid. A. Goodrich, Chief Point Source Branch cc: Point Source Branch Mooresville Regional Office Central Files 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.en,r,state,nc,us An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper One North Carol in a aturally w�Mw"^ r'iMa,�rw.r.A.rrw NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Dennis Gilbert City of High Shoals Post Office Box 6 High Shoals, NC Dear Permittee: 28077 November 29, 2004 Subject: Renewal Notice NPDES Permit NC0072940 State Street WWTP Gaston County Your NPDES permit expires on July 31, 2005. Federal (40 CFR 122,41) and North Carolina (15A NCAC 2H.0105(e)) regulations require that perrnit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal application, you may disregard this notice. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than February 1, 2005. Failure to request renewal by this date may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after July 31, 2005, the current permit must be renewed, Discharge of wastewater without a valid permit would violate North Carolina General Statute 143-215.1; unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this per it, contact me at the telephone number or address listed below. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the perrnit renewal application. If you have any questions, please contact me at the telephone number or e-mail address listed below, cc: Central Files suing Regtcip t Office, Water Quality Section NPDES File 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733.5083, extension 511 / FAX 919 733-0719 / charle Sincerely, Charles H. Weaver, Jr. NPDES Unit eaver@ncrnaitnet NorthCar. Dina Vaturaif f An Equal Opportunity/Affirmative Action Employer -- 50% Recycled/10% Posi Consumer Paper NPDES Permit NC0072940 State Street WWTP Gaston County The following items are REQUIRED for all renewal packages: Ji A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. 'The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative (such as a consulting engineer or environmtental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part I1.13.11.b of the existing NPDES permit). A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. The following ite: rocess wastewat Industrial facilities classified as Primary Industries (see Appendices A D to Title 40 of the Code of Federal Regulations, Part 1.22) and ALL Municipal facilities with a permitted flow > 1.0 MGD must submit a Priority Pollutant Analysis (PPA) in accordance with 40' CFR Part 122.21. ust be submitted by any Municipal or Industrial facilities discharging The above .rvquirvment does NOT apply to privately owned facilities beating 100% domestic wastewater; or facilities which discharge non process waste water ,(cooling water, filter backwash, etc.) PLEASE NOTE: Due to a change in fees effective January 1, 1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 meal oi`Env ror.PA,Ii and N iurn Ada!, \1' Ilrncl , i�, C. Drrcx DivINIon of ‘v aicr [lan Cnlc 1 [ SuU r, .. i)cnitn Dirt: DrviSl[?n of -Wale!' ales Cla:1 October 4, 2004 The Honorable Dennis Gilbert, Mayor Town of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Results from Effluent Sampling Analyses High Shoals/State Street WWTP NPDES Permit No. NC0072940 Gaston County, NC Dear Mayor Enclosed please find the results from the laboratory analyses performed on the effluent samples from the State Street wastewater treatment facility (WWTF). The samples analyzed were grab samples collected during the Compliance Sampling Inspection performed by Mr. Wes Bell on August 25, 2004. The results of the sampling analyses show noncompliance with the pH and TRC permit effluent limits. Please attach this letter to the inspection report dated September 2, 2004, to complete your records on the inspection. If you have any further questions regarding this matter, please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor WB -Dr (704) 66:3-1699 Cu_nma Service -rs%;--623-6748 ANALYTICAL RESULTS SHEET NAME OF FACILITY: High Shoals/State Street WWTP X Composite: Sarnple Date ; 08/25/04 NPDES Permit No, NC0072940 Sample Location; Effluent County; BOD5, ,m 2.8 Phenols, u Sulfate, mg COD: Low, m Sulfide, mg/1 Coliform: Fecal, #/100 ml Biomass: Dry igh Coliforrn: Total, #/100 nil Biomass: Peri Ash Free liform: Tube Fecal, MPN 1.6 Colifonn: Tube Total, MPN TKN, rngtl Residue: Total, mg/I NO, + NO„, mg/I 16 Volatile, rn 41 m Fixed, mg/1 P: Total, rig/1 23 Residue: Suspended, mg!! 6 P: Dissolved, m Volatile, mg/1 Ag-Silver, ug/ Fixed, mg/ AI -Aluminum, ug/l rn1/1 u pH, s.u. 4.51* Ca -Calcium, ug/I TOC, mg/1 Cd-Cadmiurn, ugil Turbidity, NTU Co -Cobalt., ug/ Total Residual Chlorine, r '1 >6.0* Cr-Chromium: Total, ugll Oil and Grease, rngfl Cu-Copper, u Cyanide, ug/I Fe -Iron, mg Fluoride, mg/I • Pb-Lead, ug/1 Hardness; Total, mg/1 Hg-Mercury,u MBAS, ug/I Ni-Nickel, u Conductivity, umhos/cm Dissolved Oxygen, rngf 1 Semivolatiles VOC perature, 26.6 denotes permit limit violation CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert, Mayor City of High Shoals P.O. Box 6 High Shoals, NC 28077 Subject: Dear Mayor Gilbert: North Carolina De no June 27, 2004 7003 2260 0001 3550 2332 F.l'741-sley. Governor WUIt*niC. Sectetary invinonniesm and Natural Resouroes .Alan W. Klimei,r, F. Dinictor Divi.sion of Water Quality Coleco 11. Sullite., Detiuti Director Dii-Ls.ton or Wattr ()utility Notice of Violation - Effluent Lirnitations Tracking #: NOV-2004-LM-0006 State Street WWTP NPDES Permit No. NC0024155 Gaston County A review of the April 2004 self -monitoring report for the subject facility revealed the following violations: Pipe Parameter Reported Value Limit 001 Biochemical Oxygen Demand 48 mg/L 45.0 mg/L FIN Parameter Required Monitoring Frequency Failures to Report 001 Total Residual Chlorine 2/week 1 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for these and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit RMB _Ore IsiorthCarohnz ,./Valitralify Division of Water Quality, Mooresville Regional Office, 419 North Main Street Mooresville NC 28115 4h. la 67/ ':DEN:: (704) 66.3-1699 Customer Service 1-877-623-6748 Performance Annul Report Facilit Responsible Person in Charg Applicable Per Desci in nName: it cat High Shoals River Street WW111' May r and Cite Council of High Shoals Honorable Dennis Gilbert NPDES Permit #NC0072940 s: Gra Collection System Septic auk with 2 sand tips: Discharge to Southfork of Cat Pert() Text Sulnnl r\` cat r Treatment Process:: b River 1ba in step Per rice toCalCalendar Year2003 Tretnent'tcilit= has excellent pert c rinance New sand in 2000. No co nplc i€its cat cacl r by citi e Any problems contact City 111 04-735-1651 A Copv of this Report l c ted at City C isty month .n regulations. llcnthl= acts and cc rrectiv.e 1 n - none Febne0n0' Mar- none Apr - none nine Jun - none cea a..s t permit con itic nss or other en rot. ould include discussion of any environmental ures taken to address violations, Jule - none Aug -- none Sept - none Oct none Nov none Dec - none CITY OF HIGH SHOALS Post Office Box 6 High Shoals, INC 28077 Phone: (704) 735-1651 Fax: (704) 735-55.95 MAYOR Dennis F. Gilbert January 20, 2004 Mr, Richard Bridgeman NC Division of Water Quality Mooresville Regional Office 919 N. Main St. Mooresville, NC 2811.5 Re: NPDES Permit #NC0072940 State Street WWTP Dear Mr. Bridgeman: CITY CLERK Beth. Usery Itt Mir. OF EN AI40 NATURAL RESOURCES 81AL! -INONAL OFFICE JAN 2 2 2004 In reference to :Inspection of the above referenced Wastewater Treatment Plant. Records &Reports: The PH meter thermometer was checked against the Nist Thermometer at our water treatment plant. by Mr. Owens. It checked within +.02 degrees. Self Monitoring Program: Amended :DMR's for indicated months were sent to Raleigh. Fac-- it Site Rev' 7 0 : The sand filters perimeter will be elevated this year by adding another row of cement blocks. Potable water will be added this year also. 1 talked to my supervisor in reference to this. If you have any questions, please feel free to contact me at the phone number above. Sincerely Bob Ballard The City of High Shoals does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of service. North Carolom I ): MichsclF k. (It Villini (I Koss Nocryttiry mem ol hoveroorocno told NnIond Resourcv, Alam Kloorl. I° Dirctim I)mvisioll Vk 811:1 01111" September 3, 2004 7003 2260 0001 3550 211790 The Honorable Dennis Gilbert, Mayor Town of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Subject: Notice of Violation Compliance Sampling Inspection State Street WWTP NPDES Permit No, NC0072940 Gaston County, N.C. Tracking #: NOV-2004-PC-0115 Dear Mayor Gilbert: Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on August 25, 2004 by Mr, Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him, The results of the effluent sampling will be forwarded to you under separate letter. This report is being issued as a Notice of Violation (NOV) because of the failures to provide the proper operation and maintenance in violation of the subject NPDES Permit and North Carolina General Statute 143-215.1 as detailed in the Disinfection, Sand Filters (Low rate), Dechlorination, and Effluent Pipe Sections of the attached report. Pursuant to NCGS 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 NCGS 143-215.1. Should this Office make an enforcement recommendation relative to the violation, you will be advised in writing. It is requested that a written response be submitted to this Office by September 23, 2004, addressing the deficiencies noted in the Disinfection, Sand Filters (Low rate), Record Keeping, Dechlorination, and Effluent Pipe Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. =it NcratiCarolina NZDEriirt Divisson or Water Qualm), Mooresville Regional Ofticc, 919 North Mani Street, Mooresvilit NC 28115 (704 663-1h Customer Service 1-877-623- ztar 6748 Mayor Denoilb rt Page To September 3, 2004 Thereport should l pl every; however, should rou ve any questions concerning this report, pi Encios do not hesitatet n r. Bell or me at - 199. D. Rex GIn, P.E. Water Quality Regional Su n County 11 p*ent EPA Transaction Code IJ 2 u E nvc*onmenial t* RSret rasa A• Washington, O.0 20460 ate .af tpliance Inspection Reps A: Natrona t Data System Coding �i.e�, PCS) NPDES NO0072940 Inspection Work Days Facility Self- 7 2,0 J 69 0 t orot APProvetl. OMB No, 2t 4O.0057 Approval expires 6-31-96 yr/rna/day Inspection Type Inspector Far Type 12I L 04`O '25 I 17 16LI 19U ,. LOLI Remarks I.1 11.I I Eh l I C I C 1 1 I _valuation Rating QA Reserved ry 73 L 74 751. I Stion B: Facility Data Name and Location of Fat "catty Inspected (For Industrial Users di POTW name and NPDES permit Number) ale Street WWTF late Street h hoals NC 280077 Name(s) tat Onsite Re F.-ic wade Oawels/( Kathy Rhyne/1704-735-1651 / 2 charging to PQTWW, also include Entry Ti AM 04/06/25 Permit Effective Date 03/09/01 Exit Time/Date PM 04/0E/25 Permit Expiration 25107/21 Phone and Fax Number(s) Name, Ad Do- nrii t 61 ,her Responsitrle C rcia and Fax Number h Shoals NC 2E077/Ma 704,-735-1451/ Contacted Yes Facility Data n C: Areas Eva Durintt In Peit • Flow Measurement nitoting Program 111 Sludge Handling Disposal aboratory Check only those areas evaluated Operations Maintenance R eports. Facility Site Review III Effluent/Receiving Waters Section D: Sury o Findin Attach aritisanal s (See attachment summary) arrative and checklists as neces a Names) and Signatures} of tnspector(s) Agency/Office/Phone and Fax Numbers Date N:RO WQ.//704-663«1; 3S/'70 -663-6040 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date 704-663- i.r9S 70>4-661-6o40 EPA Form 3560-3 (Rev 9-94) Previous editions are obsc NPDES NCCLi72 40 n nitcaring Program: ere reported in The flows and TR. (more Influent f Findir reviewed fr Dctober 03 through sprit 04: rch O4 and April 04.A monthly average should be measured during ri n of effluen hly averages ° ly) should b,e reported on future fluentMOD Influen)x 100. Note: formula should be used to d tea The ORC/ t ff must ensure f dechlora.nated, prior to the acid y°e removal of uent ammonia ea lie presrvatios; y evea f $OD vita atie piing. The percent OD violations were ported in d4aroh 44, removal efficiencie ciency y average values blend ee for NON and TR. (collected for the contra t laboratory) OD, my and the Permit: NC0072940 Owner - Facility: City of High Shoals - State Street WWTP Inspecti n Date: 08/25/04 Inspection Type: Compliance Sampling Permft Ni NA NE (If the present permit expires in 6 months or less). Has the perrnittee submitted a new appIictlon? 0 0 • 0 Is the facility as described in the permit? U 0 0 0 Are there any special conditions for the permit? 0 0 • 0 Is access to the plant site restricted to the general public? • 0 0 .0 Is the inspector granted access to all areas for inspection? • 0 0 0 Cc:Tenant nriejlatinris & tylairtienance 1.44r1 NA . NF Does the plant have general safety structures in place -such as rails around or covers over 0 II 0 0 Is the plant generally clean with acceptable housekeeping? • 0 0 0 Comment: The Town should provide hand nailing, etc. around the vault of the effluent pump station to ensure operator safety during sampling periods, The facility was nol property operated and/or malntelned. Disinfection, Yes No NA NE Type of system ? Tablet Are cylinders secured adequately? 0 0 • 0 Are cylinders protected from direct sunlight? 0 0 IN 0 Is there adequate reserve supply of disinfectant? 11000 Is ventilation equipment operational? 0 0 • 0 Is ventilation equipment properly located? 0 0 • 0 Is SCBA equipment available on site? 0 0 • 0 Is SCBA equipment operational? 0 0 III 0 is staff trained is operating SCBA equipment? 0 0 111 0 Is staff trained in emergency procedures? 001110 Is an evacuation plan in place? 00110 Are tablet chlorinators operational? MI 0 0 0 Are the tablets the proper size and type? 0.00 Number of tubes in use? 0 (Sodium Hypochkxtte) Is pump feed system operational? 0 0 • 0 is bulk storage tank containment area adequate? (free of leaksropen drains) 0 0 II 0 Is the level of chlorine residual acceptable? 0 MI 0 0 Is there adequate detention time 0 0 0 • Is the contact chamber free of growth, or sludge buildup? 0 • 0 0 Comment The facility was utilizing chlorine pool tablets (unapproved for wastewater disinfection). The contact chamber contained sedimentheolids with apprtedmately 12-15 chlorine tablets within the last baffled section.. The TRC concentration was mesured at > OM moil,. Chlorine tablets need to be placed into the chlorinator sleeves. De-ch larinatitia Yes No NA NE Type of system?+ - Is the feed ratio proportional to chlorine amount (1 to 1)? 0 111 0 0 Is storage appropriate for cylinders? 0 0 • 0 Is de -chlorination substance stored away from chlorine containers? 111 0 0 0 Is ventilation operational? 0 0 NI 0 Comment Are the tablets the proper size and type? 11 0 0 0 Are tablet de -chlorinators operational? II 0 0 0 Number of tubes in use? 0 • ❑❑ 0 u m o m ❑ ❑ ❑ ❑ ❑ ❑ U Q P0000000 ■ ■■■0000 00010 ■0 ■❑s ❑❑❑00 ❑ ■❑0❑ E E x 2 ❑ 0 ❑ ❑ ❑ •❑0■❑ ❑ ■u00 ❑ ❑❑❑■ ❑ 0 ❑ ❑ ❑ ❑ 0 0❑©❑■II 0❑00❑©0 ■■■S000 E E a ❑ 000 ■ ■ ❑ ■ ❑©❑❑ ❑ ❑■© E Permit: NC0072940 Inspection Date: 08/25/D4 Owner Facility: City of High Shoals - State Street ww-nD insn T : Compliance Sampling_ Record keeping Are records kept and maintained as required by the pemilt? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab, nag. required 5 years)? Are analytical results consistent with data reported on DMRs? Are sampling and analysis data adequate and include: Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Plant records are adequate, avallable and include O&M Manual As built Engineering drawings Schedules and dates of equipment maintenance and repairs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Is the facility description verified as contained in the NPDES permit? Does the facility analyze precess control parameters, for example: MLSS, MCRT, Settleable Solids, DO, Sludge Judge, pH, and others that are applicable? Facility has copy of previous year's Annual Report on file for review? Comment: The Town relinquished the ORCs duties in late June 04, The ORC/backup ORC log did not document all visitations. The Town's record keeping system needs impriNement job tent Sampling Is composite sampling flow proportional? Is sample collected above side streams? Is proper volume collected? Is the tubing clean? is proper temperature set for sarnple storage (kept at 1.0 to 4,4 degrees Celsius)? Is sampling performed according to the permit? Comment: Fffli rent Sareplirn Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume coliected? Is the tubing clean? is proper temperature set for sample storage (kept at 1.0 to 4,4 degrees Celsius)? is the facility sampling performed as required by the permit (frequency, sampling type representative)? Ys No. NA NF O 001 O ■ 0 0 0001 • E3 0 CI • CI 0 0 • • • • • • • 0 0 CI 0 0 • • 0 E3 E3 O 001 [3 0 • 0 1000 O 0 • 0 • 0 0 0 • 0 C3 0 • 0 0 [3 O 0•O • 0 0 0 Yes No NA (SF. O [3 • 0 1000 1000 O 0 M 0 O 0 MI 0 1000 Yes No NA NE O 010 1000 M 0 0 0 O 010 O 0 • 0 1000 is right of way to the aWing water O 000 O 00M O 00n 00011 Michael F. Easley, i William G. Ross Jr, Secretary North Carolina Department of Emrirotirnent and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coloen H. Sullins, Deputy Director Division of Water Qualm CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Dennis Gilbert, Mayor City of High Shoals P.O. Box 6 High Shoals, North Carolina 28077 Dear Mayor Gilbert: January 7, 2004 CM # 7001 2510 0004 8287 3431 Subject: Notice of Violation Compliance Evaluation Inspection State Street WWTP NPDES Permit No. NC0072940 Gaston County, North Carolina Enclosed is a coy ofthe Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on November 19, 2003, by Ms. Sonja Williams of this Office. Please inform the facility's Operator -in -Responsible Charge (ORC) of our findings by forwarding a copy of the enclosed report. This report is being issued as a Notice of Violation (NOV) because of the violation of the subject permit, as detailed under the Self- Monitoring Program section and subject permit Part II, Section (E)(5)(b), which states if the Permittee monitors any pollutant more frequently than required by the permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Pursuant to NCGS 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, Should this office make an enforcement recommendation relative to the violation, you will be advised in writing. In addition to the NOV, there was one deficiency found on the day of the inspection, as detailed in the Records and Reports section of the Inspection Report. It is requested that a written response be submitted to this office by February 5, 2004, addressing the violation and deficiency noted in the above referenced sections of the Inspection Report. In responding, please state corrective actions for the noted violation and deficiency, and address your comments to the attention of Mr. Richard Bridgeman. N. C. Division of Water Quality, Moormville Regional Office, 919 North Main Street, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 City of High Shoals NOV State Street 4 l January 7, 2004 Page tf youhave e ti c ncc ire this report, please do not hesitate tocontact Ms. or me at (704) -1 cc: Gaston Coun He ith Dep ment S Sincerel k .D. Rex leason, RE. Water Quality Regional Supe High Shoals State Street WV TP Page 3 Permit NC0072940 The facility is a 0.0159 MGD wastewater treatment plant consisting of two septic tanks, dosing tank, dual distribution boxes, four surface sand filters, tablet chlorinator, chlorine contact chamber, dechlorination and an effluent pump station. The permit became effective on September 1, 2003 and expires on July 31, 2005. Records and Reports Records and reports consisting of discharge monitoring reports (DMRs), chain of custody forms, lab analysis reports, sludge records, maintenance/ operator log, alkalinity log, flow (dose count) log, and process control/ field equipment calibration sheets were reviewed. Adequate records are kept. The facility is using the pH meter for effluent temperature readings. The pH meter accuracy must be verified, for temperature annually. This is a deficiency of 15A NCAC .0805 (a)(7X0), which states all thermometers must meet NEST specifications for accuracy or be checked against a NIS T traceable thermometer and proper corrections made. Laboratory K&W Laboratories (Certification # 559) in Charlotte, N.C. has been contracted to provide analytical support. The lab was not evaluated during this inspection. High Shoals Field Lab (Certification # 5130) was inspected by Chet Whiting of the Raleigh Lab Certification Unit on March 28, 2003. Separate correspondence was issued. Sludge Disposal Septage is removed as needed by Chaney's Septic Tank Service, Lincolnton, N.C. The facility was last serviced on June 26, 2003. Flow Measurement Instantaneous flow' is me dose = 2,250 gallons. as ed by dual dose counters (one for each train). One High Shoals State Street WWTP NC0072940 Page 4 Self -Monitoring Program Self -monitoring reports were reviewed for the period February 2002 through September 2003. During the file review it was noted that there were numerous instances of lab data not reported on the DMRs. This is a violation of permit condition Part II, Section E- Reporti.ng Requirements (5)(b), which states if the Permittee monitors any pollutant more frequently than required by the permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR, Please amend and resubmit to Central Files immediately the corrected DMRs with the missing data for February 2002, March 2002, April 2002, May 2002 and August 2002. Please write "amended" on the top of the DMRs and highlight corrections that apply. Facili4 e Reviews and. Maintenance The facility consists of a gravity flow dual train WWTP (septic tanks are not hydraulically equal). The effluent from four sand filters is combined prior to chlorination and dechlorination. The facility appeared to be operating properly and the grounds were well maintained; however the sand filter perimeter needs to be elevated to prevent storm runoff from clogging the filters. Also noted, there is no potable water at the facility to provide proper maintenance of the treatment units. Note: The ORC has made many overall improvements to the system since the last Ti lion. The facility is staffed with a Grade 11 ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. Effluent/ Receiving Stare The effluent discharge was not evaluated during this inspection. The facility had received one inch of rainfall prior to the inspection, which made it difficult to inspect the discharge pipe.. United States Environmental Protection Agency. Washington , DC 20460 NPDES Compliance Inspection 'Report North Carolina Department of Environment and Natural Resources Division of Water Quality. Mooresville Regional Office Section A: National Data System Codin Form Approved OMB No, 2040-0003 Approval Expires R 7;'31/85 Transaction Code NPDES Permit No. R/MO/DAY Inspection T}ape Inspector Facil N 5 NC0072940 03/1.1/ 19 C S nspection Work Days 1.5 Facility Self -Monitoring, Program Evaluation Rating B1 QA 2 N N Section R: Facilliy' D. Na rtte and Location of Facilit r Inspected: City of High Shoals State Street WWTP Off of State Street, High Shoals, NC Gaston C Name(s) of On -Site Representatives Title(s) Phone No(s): Robert Ballard, ORC, 704-735-1651 Name and Address of Responsible Dennis Gilbert City of High Shoals P.O. Box 6 High Shoals, NC 28077 El Pe Entry Time: 1:00 pm Exit Time: 2:30 pm Date: 11/19/2003 A Flow Measure Title: Mayor Phone No. 704-735-1651 n C: Curing na tion Operations & aintenanc Records/Reports ( Self -Monitoring Program 4 Sludge Handling/Disposal Facility Site Review Effluent/Rec 0 Compliance Schedules Attached. Sheets) for Summa Signature(s) of Ins Signature of Reviewer: El Pretreatment Program ..Reserved,.,,., Perini 09/01�2003 Permit Expiration 07/31/2005 Con ed? © Sewer Overflow 0 Pollution Prevention Multimedia 0 St©rrnater [1 0 Agency/Office/Telephone: NCDENR / DWQ / MRO Agency/Office Reg EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete Use Only Date: 0I/06/2.004 Noncontpliance Compliance Micttaei F. Easley Governor Vvillsam G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, Director Division of Water Quality August:21, 2002 CERTIFIED MAIL 7.02911510 0005 0288 0197 RETURN RECEIPT REQUESTED The Honorable James R. Montgomery, Mayor City, of High Shoals P.O. Box 6 High Shoals, NC 28077 Subject: Notice of Violation - Effluent Limitations High Shoals - State Street WWTP NPDES Permit No. NC0072940 Gaston County Dear Mayor Montgomery; A review of the March 2002 the following parameter: Pipe e monitoring report for the subj Parameter Reported Value 001 Biochemical Oxygen Demand 52 mg/l. ct ra lit revealed a violation of 45.() mg/L, FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridge an or me at 704/663-1699,. Sincerely, D. Rex. Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcment Unit RMB Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE 704) 663-1699 FAX (04) 663-6040 • May 22, 2002 CERTIFIED MAIL CM # 7001 2510 000 RETURN RECEIPT REQUESTED The Honorable James R. Montgomery, Mayor City of High Shoals Post Office Box 6 High Shoals, North Carolina 28077 Dear Mayor Montgomery: 0 87 8026 Mich el F. Easley Governor William G, Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality Subject: Notice of Violation Compliance Evaluation Inspection School Street WWTP NPDES Permit No. NC0072940 Gaston County, N.C. Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on May 14, 2002 by Mr, Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge of our findings by forwarding a copy of the enclosed report to him. This report is being issued as a Notice of Violation (NOV) because of the numerous monitoring violations in violation of the subject NPDES Permit and North Carolina General Statute 143-215.1 as detailed in the Self -Monitoring Section of the attached report. Pursuant to NCGS 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 NCGS 143-215.1. Should this Office make an enforcement recommendation relative to the violation, you will be advised in writing. It is requested that a written response be submitted to this Office by June 11, 2002, addressing the deficiencies noted in the Records/Reports, Facility Site Review/Operations & Maintenance, Laboratory, Self -Monitoring, and Sludge Disposal Sections of the report. In responding, please address your comments to the attention of Mr. Richard Bridgeman. Customer Service Division of Water Quality 919 North Main Street Mooresviile, NC 25115 Phone (704) 663-1699 25-7748 Fax (704) 653-6040 Notice of Violation Mayor James R. Montgomery Page Two The report should be self-explanato ; however, should you have any questions conce ing this report, please do not hesitate to contact Mr. Bell or me at (704) 663-1699: Eric osure Sine ely, D. Rex Gleason, P.E. ater Quality Regional Supervisor cc; Gaston Coonter Health Department WB US Environmentalotection Agency, Washington, D.C., 20460 Water Compliance Inspection Report NC Division of Water Quality / Mooresville Regional Office NCOENR. Form Approved. OMB No.2040-O057 Approved Expires 8 n A:`NationalTiata,ytrrtiiit% Transaction Code N 5 NPDES No, Yr/Mo/Day Inspection Type Inspector Facility Type NC00072940 02/05/14 C S 1 nspectron Work Days Facility Evaluation Rating L5 2 Remarks: BI QA N N Name and Location of Facility inspected: City of High Shoals 5t hool Street W WTI' Off of State Street Gaston County;, North Caroline on B: Faeill9 .........,Reserved..... Entry Time: 10:30 am 95/09/0 ] ive Date: Exit Time/Date: 12:50 pm 02/05/14 Permit Expiration Date: 00/07/31 Names) of On -Site Representative(s)/Title(s)/Phone No(s)/Fax No(s); Ir. Eric Owens/ORC/704-735-1651 or 704-735-2910 Mr_ Bob Ballard/Operator Name and Address of Responsible Official: The Honorable Jaynes R. Montgomery Ciro of High Shoals Yost Office Box 6 High Shoals, North Carolina 28077 Title: Phone No: 704-735-1651 Contacted? No Section C: Areas Evaluated wring Inspeetion (Check only those areas evaluated X Permit X Records/Reports X Facility Site Review X Effluent/Receiving Waters X Flow Measurement X Operations & Maintenance X Sewer Overflow X Self -Monitoring Program X Sludge Handling/Disposal Pollution Prevention Compliance Schedules Pretreatment Multimedia X Laboratory Storm Water Other: n D: Summary of. FindingsfComments See Attached Sheet(s) for Summary. Name(s) and Signature(s 1:3e11 p ct Agency/Office/Telephone No: NCDWQ/MOQRESVILLE/(704 )663-1699 Date: 5/2 1 /02 Sig natu anagement QA Reviewer: Agency/Office/Phone & Fax No: Date: EPA Form 3560-3 (Rev. 9-94) Previous editions are obsolete High Shoals/School Street WWTP Page Two The facility was last inspected by Wes Bell ofthis office on February 21 and 28, 2001. PERMIT: The permitted authorizes the continued operation of an existing 0.0159 MGD wastewater treatment facility consisting of two septic tanks, dosing tank, dual distribution boxes, four surface sand filters, tablet chlorination, chlorine contact chamber, dechlorination, and an effluent pump station. The permit for this facility became effective on 9/1/95 and expires on 7/31/00. The Division has received the appropriate documentation for a permit renewal. RECORDS AND REPORTS: Records and reports consisting of discharge monitoring reports (DMR' s), chain of custody forms, sample analysis reports, sludge records, and Operator -in -Responsible Charge (ORC)/maintenance log were reviewed at the time of the inspection. The pH check standard is not documented as stated in the Laboratory Section of this report. A DMR review revealed a transcription error for BOD in February 2002. The operator failed to report the value; however, an amended DMR will be resubmitted. Please be advised that the failure to submit all effluent analyses is a violation of the NPDES Permit and can subject the facility to possible civil penalties. The remaining records were organized and well maintained. FACILITY SITE REVIEW/OPERATIONS & MAINTENANCE: The facility operates as a dual train WWTP, The majority of the flow (estimated 80-90%) is treated through one train (septic tank, dosing tank, dual distribution boxes, and two surface sandfilters) while the remaining 10-20% is treated by the second train (septic tank/dosing tank, distribution boxes, and two surface sandfilters). The effluent from the four sandfilters is combined before chlorination and deehlorination. The facility appeared to be operating properly at the time of the inspection. The audible and visual alarms on the effluent pump station were operational. Chain railing has been installed around the tablet chlorination unit/pit and the chlorine contact chamber. No stormwater diversion measures has been incorporated along the concrete block wall for the two marginally used filter beds. Failure to provide adequate stormwater controls will allow sediment, etc, to enter the filter beds which inhibits filtering (ponding problems) and reduces the treatment efficiency of the filter bed, in addition. the majority of the distribution lines were level; however, the facility shall provide the additional bracing or line replacement to ensure that all laterals are level to allow an even distribution of flow. Please be advised that the NPDES Permit requires that the facility be properly operated and maintained at all times. The facility is staffed with one Grade 1 ORC. A certified back-up operator has been designated and is available when the ORC is unable to visit the facility. Note: The Town is currently training an operator of the appropriate grade to assume the duties as the new ORC. High Shoal, Page Three /School Street WVVTP LABORATORY: K&W Laboratories (Certification #559) in Charlotte, N.C. has been contracted to provide analytical support. The lab was not evaluated during this inspection. The pH meter appeared to be properly calibrated; however, the check standard verification was not documented as required by Standard Methods, 18th Edition - Method 4500-H' B. The TRC meter is calibrated annually; however, a midrange check standard is not verified before each day of meter usage as required by Standard Methods, 18th Edition - Method 1020B(5). Documentation must include the midrange standard with the corresponding meter reading, the blank value, and a copy of the annual curve. Note: This deficiency was cited in the previous inspection report dated 2/28/01. In addition, the facility consistently reports TRC values between 20 to 25 /.eg/1 on the DMRs. The lowest standard verified on the annual calibration curve was .1 mg/1. Any values less than .1 mg/1 must be reported as >.1 mg/1 or > 100 ,ug/l. The inspector recommended to the ORC to have the contracted laboratory perform a lower standard on the annual calibration curve (prior to 7/1/02). As stated in the previous inspection report, the meter currently utilized for TRC measurements is not capable of measuring at or below the NPDES Permit limit. Please be advised that an instrument capable of measuring at or below 28 ,ug/1 TRC limit must be utilized by July 1, 2002, as stated in the Division's memorandum dated 3/8/01. The ORC has been knowledgeable of the Division's memorandum and is currently investigating the purchase of an approved instrument. The thermometer appeared to be properly calibrated. EFFLUENT/RECEIVING STREAM: The effluent discharge was clear with no floatable solids or foam. The facility discharges into the South Fork Catawba River, which is a WS-IV water in the Catawba River Basin. The receiving stream was not evaluated at the time of the inspection. SELF -MONITORING PROGRAM: Self -monitoring reports were reviewed for the period February 2001 through January 2002, inclusive. A weekly average BOD violation was reported for the week of December 23 through December , 2001. A monthly average BOD violation was reported for December 2001. Note: The above noted violations were addressed by a previous civil penalty. The following monitoring violations were noted: - Only one effluent TRC value was reported for the weeks of February 25 through March 3, May 27 through June 2, and June 24 through June 30,2001. - No effluent TRC values were reported for the weeks of August 26 through September 1 and October 28 through November 3, 2001. - No flow was reported for the weeks of August 26 through September 1 and October 28 through November 3, 2001. - No effluent temperature was reported for the weeks of August 26 through September 1 and October 28 through November 3, 2001. The name of the ORC was not documented on the front of the June 2001 DMR. The permittee and ORC shall ensure that all DMRs are accurate and complete before submittal to the Division. High Shoals/School Street TP Page Four SELF -MONITORING PROGRAM corit'd: The collection and analysis times for the field parameters were not documented as required by the NPDES Permit, If any of the field parameters (pH and TRC) are collected and transported to a different location for analysis. then the collection and analysis times must be documented to verify compliance with the fifteen minute holding time requirement (Reference: 40 CFR 136.3 Table II), The fecal coliforrn samples are collected prior to the dechlorination unit. Please be advised that all samples required by the NPDES Permit must be collected following all treatment units, In addition, the fecal coliform samples are not collected in a sterilized container as required by Standard Methods, 18th Edition, 9060-A. Rating: Unsatisfactory (This section is rated unsatisfactory due to the numerous monitoring violations) FLOW MEASUREMENT: Instantaneous flow is currently measured by dual dose counters (one for each train). This Office recommends that a counter -type system (dose or pump hours) at the effluent pump station would be a more accurate representation of the effluent discharge. SLUDGE DISPOSAL: Septage is removed as needed by Chaney's Septic and Wrecker Service and disposed at the City of Newton WWTP. At the time of the inspection, the inspector became aware that the sludge/sand mixture that was removed from the filter beds was buried on -site, The on -site burial of sludge/sand is not an approved method of disposal. Please be advised that all sludges must be properly disposed as required by the NPDES Permit, SEWER OVERFLOW: Please be advised that pursuant to Part II, Section E of your NPDES peiinit, and North Carolina Administrative Code (NCAC) 15A 2B .0506 (a)(2), any failure of a collection sewer, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the permittee became aware of the bypass. Overflows and spills occurring 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. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch. etc...) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. High ShoaSchool Street TP Page Five SEWER 0 OW cnt'd: An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station o tr t ent facility subjects violators to penalties of up to $25,000.00 per day per violation,