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HomeMy WebLinkAboutNC0061034_Regional Office Historical File Pre 2018ITV ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Bevery Eaves Perdue, Governer Ccleen H, Sullins, Director Dee ere Janu.ary Mr. Jeff Dennard Rowan Associates & Mercantile 905 Webb Rd Salisbury, N,C. 28146 an, Secretary Subject: Rescission of NPDES Permit NC0061034 Webb .Rd Flea Market k' =\ T.P Rowan County Dear Mr, Dennard: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your :request, \PL)I;5 Permit; \G0061034 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the Stat 's sa.a.rface waters, you must first apply for and receive a new NPDE•S permit. Discharge of wastewater without a valid M?DI S permit will subject the responsible party to a civil penalt\= of up to $2 i,00(? per day. If you. have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Fran tih k'herson, LAM h Kieh, ffice 16'17 Mail Service Center, Ra'„t h, North Carottna 276-99.1617 512 North Sa'sF ury Street, a eyh, North Carel a 21604 rnaa.met; www.nowateryttality,ory Phone: 919-807-5391 11 FAX 919 807-6495 chartes.vveaveri}';"" One No hCcirohhI An Equal Opportunity' Action Employer 50 ;', Re yc ed/1 r0% Post Consumer Pape NCDENR North C1arolir. ent of Environment and "Natural Resources \hs4A (4 wciier Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Gov .(a'nor Director Secretary ,January 5, 201 l fr L.ewis M. Johnson Ro‘k-an Associates a.nd Mercantile, Jnn, 905 Webb Road Salisbury, North Carol la 28144 Subject: Compliance Evaltiation Inspection Roan Associates and Mercantile, Inc. NPDES Permit No, NC0061034 Rowan County, NC Dear ,Mr. Lewis: Enclosed is zi copy of the Compliance Evaluation Inspection Report lOr the inspection cond'ucted at the subject facility on January 4, 2011 by John Lesley of this office. Please inform the facility's Operator -in, Responsible Charge of our finby forwarding a copy of the enclosed report. The report should be self-explanatory; hovvever, should you have .zinty questions concerning this report, please do not hesitate to contact Mr. Lesley, or me at 704-663-1699. Sincerely., Robert 11 Krebs :Division of Water Quality Surface Water Protection Regional Supervisor Enclosure cc: Central Files .Bob Sledg,e, Point Source, Compliance Moe! Reg:omil Office Location' if.) EasT Coiter Ave. 30] N1corc'sN7it:t7 NC 28 H Pho no: (704) 663-11599 Fax: (,'704) 663-6NA ' C wqomer77 v17.7., 1_3772623_6748 Internet htipjfkgEtai,nrder.olAeOlwq An Equal Op0)5T y Afimpati 00 Ad kW) 50% 1'ccycl(.0010'50 [0:51)4 C)505.0.001c3 p;,)P0). Stac: , NovliCarolina Aillittmily EPA te.s tnvrrn menta, rr tag Washington Q C €Qs6C nc er Compliance Inspection Report Section A National tern C oding e., P Approved. 204o-3g57 Approval expires 3. ;1.98 Transaction Code f ,rt 2 f t 31 NPDES iv:90E L3.34 I l 1,I.1 1 1 1! 1J.1 emarKS ! I I inspection Work Days Facility Self-Monitorong Evaluation Rating P1 169 7°I 7 1 I I QA 721 N. Inspection Type Inspector 161 r-1 1g1 s n Faciiity D Fac Type 2L IJ 7511III1II Name ,crud Location of Facility 8nspected (For Industrial Users discharging to POT'W, also include PQT r1 name and NPDES permit Number) Entry Time/Date Permit Effective Date e/Date Perri Expiralion Date Na{ e(sy of Onslte Representative)s)iTitle s)s)/Phone and Fax Numbers) e, Address of Responsible OScial/Title&Phone and Fax Numb ,7c>hnaor -437- 9 MOr3 n t rt 31 Contacted Other Facility Data. Section C: Areas Evaluated During Inspection (Check only these areas evaluate Facility Site Review Section D: Sornnaary of Finding/Comments (Attach additional sheets of narrativeand checklists as necessary) (See attachnnent summary) Names) and Signature(s) of Inspector(s) Agency/OffocelPhone and Fax Numbers Date 1699 Ext,21 8/ 571, of Management Q A i mire A11�accc� ,.,,Agency/OtficetPhone and Fax Numbers EPA Form 3560-3 (Rev'9-94) Previous ediiLons are obsolete. Page # yrr n f'day 9rspect n Type Sectior D Surrrra y of Finding.` ents (Attach additTonal sheets at narrative and checklists as nece A fire completely destroyed the Rowan Associates & Mercantile (dba Webb Road Flea tVlarket) titer supply system and all structures on September 3, 2010. The TP remains intact but is not receiving flow. The City of Salisbury has extended the wastewater collection system to the site and the owners are in the process of connecting the property to the collection system. The has been abandoned and will be demolished as part of planned construction activities on the site. It is recornmeded that the NPDES Permit be rescinded as it is no longer needed (per the permitte "s request) Page ## 2 NCDENR North Carolina Department aEnvironment and Natural Resource Division of Water Quality Beveriy Eaves Perdue Coleen H. Sullins Governor Director NIT. Tom Walton Rowan .Associates and 'Mercantile 1 North Sterling. Street Morganton, North Carolina 28680 Dear mr, Watson: November 8, 201 0 Dee Freeman Secretary Subject: Notice of Violation — Effluent/Monitoring Violations Tracking II: NOV-2010-LM-0035 Rowan Associates and Mercantile WWTP NPDES Permit No, NC0061034. Rowan County A, review c the A u(4ust 201 0 self-monitorinp report for the subject facility reveitled a violi,ttion of' the following parameter at Outfall 001: —r Date Parameter Reported Value Permit :Limit/Monitoring Requirement \\ k ending 8,11.1-'10 1 1d1 esldual chlorine x/weeK 2.xl\veck 8/24./.1. 0 Fecal colifbm 3,000 C.F1„:" 00 nth 400 (7E.71100 rni„ (Daily maximum) Remedial actions, it not already implemented, should be 'taken to correct any problems, The Division of Water Quality. "nay pursue enforcement actions 'for this and any additional violations. If the violations are of a contirniing nature, not related to operation andfor maintenance problems„ an41. you. anticipate :remedial construction activities, then you may wish to consider applying .for a Special Order h Consent, You. mu contact .Ms, .Marei a Allocco of this Office for additional information, If you ly,tve, questions concerning this a ter, please do not hesitate to contact Ms, Aliocco or me at C14,1662- 699, C: 'POint Source Branch Sincerely, R.obert RKrebs Surface \kijater Proteotion Repional Supervisor Moofesvitte. Req tonal Office Location: 510 Ent Conte' Ave. Suite 301 roloorettoviheo hint 24Ett I oft Phone: :;7044653-15091 innitef: t10:14, nii0t3-60401 Costorit !'v ice 1 -873-3123331148 nue :f7po1ai. TIcoe7 h; :iiivoinotti NorthCarolina &Mil)/ Beverly Eaves Perdue Governor North Carolint Department of Environment a Division of Water Quality Coleen H. Sullins Director Mr, 1 M. Johnson Rowan Associates and Mercantile, Inc. 905 Webb Road Salisbury, North Carolina 28144 Subject: October 21, 2010 NCDENR NaturalResources Notice of Violation - Effluent Monitoring Frequency Tracking 4: NOV-2010-MV-0155 Roi,van Associates and Mercantile, Inc, WWIP NPDES Permit No. NC0061 034 RWan County Dee Freeman Secretary Dear Mr. Johtlson A review of the July 2010 self -monitoring report t''or the subject .facility- revealed a violation of the following monitoring frequency requirements: Pipe 001. 001. Parameter Total Residual Chlorine Temperature Failure to Monitor One Time 7/1824/10 07/25-31/10 Permit. Monitoring Requirement 4ortitor 2/week Monitor I /week Remedial actions, if not already implemented. should be taken to correct any problems. lite Division of Water Quality may pursue enforcement actions for this and any additional violations, You may contact Mr. John Lesley' of this Office for additional. in:formation. If you have questions concerning this matter. please do not 1ieitat Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor Point Source Branch MRO tiles Mot7resville Regional Office LocatQn610 East Center Ave., Suite 301 MooresviHe, NC 28115 Phone,: (70,4)663-1599 \ Fax ("704') 663-6040 \ Customer Service: 1-877-623.6748 Internet' VVVON, ncwaterquality,org AnEqua Opportunity \ Aft'Ir°TaT,ve Annom ErTioLoyer- Ryld110% Post CoPSCril&t paper :tact Mr. Lesley or me at 704/663-1699. one N oral Caroli na NCDENR North Carolina Department of Environment and Natural 1esource Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Lewis M. johnson Rowan Associates and Mercantile. Inc. 905 Webb Road Salisbury, North Carolina 28 144 Subject: :August 30, 2010 .Notice of Violation - Effluent Monitoring Frequency' Tracking: NOV-20.10-MV-0115 Rowan iNssociates and Mercantile WWTP NPDES Permit No., NC0061 03 it Rowan County Dee Freeman Secretary Dear Mr. johnson: A review of the May 21)10 self -monitoring report for the subject facility .revealed a violation of the following monitoring frequency .requirements: Pipe Parameter Failure to Monitor Perrnit Monitoring Requirement 001. Total Residual Chlorine Monitored one time Monitor two times per \ye& 5/9- 1 5/1 0 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, You may contact Mr. John Lesley of this Office for additional information, If you have questions, concerning this matter, plcase du not hesitate to contact Iry or e at 7041 Sincerely, 1,417 Robert. B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Regionat Office Locatiory 610 East Center Ave.. Suite 301 MoVffesvide, NC 28115 Phone: (7041 663-169'9 \ Fax] 041 663-00410 \ Customer Service 1-877-623-6748 Internet- www,nc.waterqoality org An Equal oppc.,rkinq Affirmattve Action, Emplc,.yer - 50% Recvd,E?dil 0/0 PQ51c,onsume, ,7„.aper pne N ort h Carol j na North Beverly Eaves Perdue Governor c NCDENR ilea Department ©t Environment and Nature LEWIS M JOHNSON ROWAN ASSOCIATES & MERCANTILE PO BOX 664 MORGANTON NC 28680 SUBJECT; Dear Mr. Johnson: Division of Water Quality Oaleen H. Sul ns Director May 17, 2010 Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile TP Permit Number: NC0061034 Case Number: LM-2010-0020 Rowan County Resources MAY Dee Freeman Secretary This letter is to acknowledge receipt of check number 4991 in the amount of S235.37 received from you dated May 1 I, 2010. 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 919-807-6398. cc: Central Files DWQ Mooresvi. 1617 Mall SertActe ". Location 512 Neh; Phone_9194106-6300 Sincerely, Regional Of#ice Supervisor lorth Carolina 2.7669-1` 7 North ina' 50t9 t. Custonter Se, 9cl:. 8 t..%32 741 mah D. Weeden Not'lhCar ina Internet: Www.n ui°:ate trail! ,C'Jia Beverly ,Eaves 1.)efc1ue ,Govcrnor , North Cam NCDENR -)eNtrtrocni of Erivironrnent Re,sources Division of 'Water Quality COl.eeR U. Sullins Director April 28,2010 CERTIFIED MAI1, 7008 1140 0002 2716 8342 RETURN RECEIP f 1(EQUES1 ED Mr, Lewis M, Joh„nson Rowan ssociates and MerLtnhi1e. 90:5 \\ ROad - Salisbury, North Carolina 28144 SUBJECT: Dear Mr. Johnson: Notice of Violation and Assessment of Civil 'Penalty 'for Violations of General Statute 143-215.1(a)(6) and NPDES Permit .No, NC0061034 - Rowan Associates and Mercantile WWTP ROWall County Case -No. LM-2010-0020 Dee Freerufi Si.017CiaiD• This letter transmits a Notice of Violation and assessment of civil penalty in the .amount of S.235.37 150.00 civil penalty S85.37 enforcement costs) against Rowan Associates and 'Mercantile, This assessment is based upon the following facts: A. review has been conducted ot.'the selmonitoring data reported for January 2010. This review has shown the subject facility to he in violation of the, discharge, limitations found in NPDES Permit. No, NC0061034. The violations are summarized in Attachment A to this letter, Basedupon the ',above facts, I conclude as a matter of law that Rowan Associates and Mercantile violated the terms, conditions, or requirements of NPDES Permit No, N(0061034 and North Carolina General Statute (Ci.S.) 143-215,1.0)6) in the manner and extent shown in Attachment A, A civil penalty he 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 bt.y th.e Secretary of the Department of Environment and Natural. Resources and the Director of the Division of -Water Quality, 1, Marcia .Allocco„,:\ cling Surface Water Protection -Regional Supervisor for the Mooresville Region, hereb,,,' make the, following civil. penalty assessment against Ronan Associates and Mercantile: Mooresville Reglonal Office Location: 610 East. Center Aye_ Suite 301 Mooresville NC 281 loll Phone'. (3,704) 663-16993 ham (3040 663-60401, Cagorner Service• 1 -872-62,34-Philli ahhhelreerneennalerecrenervelannel Oko Equai Opperturety AlTir meaner nenoa Emptoppr 50% Roo-pit:al ON Popt Coppoontr papa NoriliCarMItia 717/1frillifY 100 15 00 For 1 4 `the aa 1) is lation , PD ;,S Permit oa iC006103 , b waters of the State in violation of the per fluent limit for fecal coliforrtt, 1))() ant. rind Waste to the it daily nta\intum of the one (1) violation of G, , 1 - 1 NPDF f'eirnct No. NC0061 4, by dischar Mg Wasf waters of the State in violation of the p .rniitted effluent ntonito. frequency or tcrttrl residual chloriztc., TOTAL .I" Enforcer. :PENALTY TY T TAI_, OI NT DUE Pursuant to S. 14 3-215. a (c), in t t z mine, the am aunt of ilte penal' = 1 lrav taken into ac - unt the findings of Fact and Conclusions of Law and the factors set forth at ,. a. 14 H- 2 1(b), which are; (7) The degree and ex private property re The duration andgray]. The effect on ground or surlacc cost ofrectifying the damage; to;unt of money saved by n onee inpla 'Whether the violations were cotxnnattted WI The prior record of the atolatl r in comply Environmental ivlana erncnt Corrtr fission n tural roso olations "the Stai quality or on air tree; fully or intctati onall or failing to comply rculat The east to the State of the ttforc:orstcnt proe Sulat of receipt of tlti notice you must days dig one of tltc fol. io\virtu,: it payu f th+ P Payment ent should lte mad dir c.tl ° to rite nderr o tiro Department of" Resources (do of ine hid.c r s c r torn'I.l. Payr "M itt of tt e petaa1 enforcement action for any continuing; or ncss vit Please submit, payment to the attention of: Point Source Conrplittnc.elf°;nforceu ent Division of Water Quality .617 Mail Service Center Raleigh, North Carolina 26c)r. 1617 OR public health, or to nt and Naturtt :ors close further Pr2. Submit a ritten rtqucst for remission including a detailed justification for such request: Please he 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 \vhether the violation(s) occurrc 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 administrati„ve 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 y'ou 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: vitether one or more ()fine civil. penalty assessment factors in G.S. 143B-282. „,. ere wrongfully, applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the i„aolation, vvhether 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 a,liinform.ation 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 inforni 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 infdnnation 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 realiSSiOft In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Fleming 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. ComplianeefEnforeement Unit Division of Water Quality 1617 Mail Service. Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administralis e hearing with the Office of Adrninistrath,e Hearings: If you wis.hto 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 Administri,itive 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 Administrative Hearings during normal office hours, The Office of .Administrative H.earings: 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 riled by .facsimile (fax) or electronic mail by an attached file (with restrictions) - provided. the signed original, one (1) copy and a 'tiling fee (if a filing fee is required by NC(JS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings :with all questions regarding the -tiding fee and or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Elearings 6714. Mail Service Center Raleig.h, NC 27699-6714 'rd: (919) 431-3000 Faxi (919) 431-3100 One (l) copy of the petition must also be served on DENR as .follows: Mary Penny 'Thompson, Cieneral Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evideticed by an internal d.ateltim.e received stamp (not a postmark), will result in this matter being referred to the .A.ttorn.ey 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 andgor iiiaintenance problems. and you anticipate remedial construction activities then you may wish to consider applying for a STeci al Order bv Consent. If vou have anv vestions about this civil penalty assessment or a 5aecial Order by Consent, please contact the WaterQualitv Section staff or the Mooresville Reciional Office at 704A 3-1699. <ID (Date) ATTACHMENTS Marcia Alloceo Acting Regional Supervisor S'urface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Qua1ity Regional Supervisor AA,/ attach.tn:,. Compliance/Enforcement File a attachments Central Files w! attachments ATTACI I° k SSE NO. LM-20 :Farm r r° ievor.t.04a1 ..colitorm 1900 OO GU/1 pit R m ni t red one c ivil penalty dsces' r 1 r 0FU/1 moi I'ATE OF N0RTII C° R tLINA COUNTY OF ROWAN IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST I C "A1 ASSOCIATES AND MERCANTILE, F, INC. PERMIT N. C00bI4'4 Hayti ix. document ofthe Div it penaltiR c-3 lati[ate that the fact evidence presented in supp Division of1ater a remission retirte This DEI .RTIVIENT OF ENVIRONi,iLN ND NwATUI I. RE OURS WAIVER OF C I°"I°0 AN ADMINIS I RA`HE.A I t ' NI STIPIlFAT ION OF FACTS penalnes totaling 2. d April 28,. 2010, the undersigned, de •it1 „ by N. right to an administrative hearing in the above -sty allele tts essn t de ettnnettt. The undersigned further un rt of remission of this ci\ it penalty roust be suhrrritted to the Director lin 30 days s f receipt of the notice of assessment. No new evident owed after 30 days from the receipt of the notice of assessment. . 1 \tut 01 er Quail the the d in the tier of 37 for v. ADDRESS l.tic BY 1 L,LL', i" i IOa R....'$.. 2010 rth itz t ass esstnent ca seek.. remission of d matter and does ds that all in support of 1.° 1Ii FOR 1 DWQ Case Number: LM-2O10-OO2O Assessed Party: Rowan Associates and cantile County: Rowan Permit Number: NC0061034 Amount Assessed: 4235.37 se this form when request pe Director to is linti the amount of 'whether the vio.t itttio, assessment document. ould att ioh. any doc:=u eats nsici n of the RE You must also complete the they r Request' remiss ion is not the proper procedure for contesting ed car the accuracy of an y of the factual statem nt to " ,(.. 1, 1 1. F3 ? '.ltc remission of a civil cyl en one or more g five factors applies. f'l :as , check each factor th.rt you believe app y'r ttr case and provide a detailed explancition, including cc"pic,s of supporting documents, as to whv the factor applies {attach additional pages as needed). LT,s' {)r ttiuin. envirovn.ir e !p e1)(2111,1. were Wron civil }.:'E"t'al!).` eiS'Sessm Violator: Facility: County: Case Number: NORTH CAROLINA DIVISION OF WATER QUALITY Rowan Associates and Mercantile, Inc. Rowan Associates and Mercantile WWTP Rowan LM-2010-0020 Permit Number: NC0061034 ASSESSMENT 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; No hamhas been documented; however, fecal coliform levels downstream of the facility would likely have been increased by discharge, potentially causing a threat to human health. Monitoring for total residual chlorine was only conducted one time the week of January 10-16, 2010. Without proper documentation the facility cannot establish that disinfection of the discharge was adequate to protect human health downstream of the facility. In addition the facility cannot document that the discharge was not toxic to aquatic life due to high concentrations of chlorine. 2) The duration and gravity of the iialation; The violation was reported on January 12, 2010. The facility is only required to monitor fecal coliform two times per month, The next monitoring event on January 26, 2010 was compliant. 3) The, effect on ground or surface water quantity or quality or on air quality; No effect on ground water or air quantity or quality are expected. Human health may have been threatened by the increase in fecal coliform levels downstream of the facility. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncornpliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. The prior record of the violator iii complyingor failing to cornpl), ith ro rams ON°'er which the :: n irony entrrl Man . ernent or mission has regulatory uthonty and Case Number l escraiption 1V-` 0 - 2 / 335,30 .. 5/09 paid /i )9 I N-200 0331 6709 paid 10/8/09 The cost to the State of the enforce Proved urea. taff`prepranon of crforc;r ent package SWI Regional Support: tot, ur at '.54/1o.lr 7. 3/1 cour 5.00/1 5.37 Strpervo ion of Wa your r Quality MONITORING REPORT VIOLATIONS for: Permit % Fadlity Name: Major Minor,. % Nitts Between 1-2010 and 1-2010 Region: Mootesvifie Parent Name: County: % Report Date 04/12/10 Page: 22 of 28 Violation Categoly Limit Violation Program Category: NPDES V \NV Subbasim % Violation Action: % PERMIT: NC0049867 FACILITY: Town of Cleveland - Cleveland WWTP COUNTY: Rowan REGION: Mooresville imit Violation MONITORING OUTFALL 1 VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE % OVER LIMIT 01 -.2010 001 Effluent Chlorine, Total Residual 01/05/10 2 X week ug/1 28 41 46.43 012010 001 Effluent Chlorine, Total Residual 01/08/10 2 X week ug/I 28 38 35,71 01 -2010 001 Effluent Chlorine, Total Residual 01/12/10 2 X week ug/I 28 29 3,57 01 -2010 001 Effluent Chlorine, Total Residual 01/15/10 2 X week u9/1 28 39 39,29 01 -2010 001 Effluent Chlorine, Total Residual 01/19/10 2 X week. ug/1 28 40 42.86 01 -2010 001 Effluent Chlorine, Total Residual 01/22/10 2 X week ug/1 28 47 67.86 01 -2010 001 Effluent Chlorine, Total Residual 01/29/10 2 X week ug/I 28 39 39,29 VIOLATION TYPE Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded Daily Maximum Exceeded VIOLATION ACTION No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ No Action, BPJ PERMIT: NC0061034 FACILITY: Rowan Associates & Mercantile - Rowan Associates & Mercantile WWTP COUNTY: Rowan REGION: Mooresville Limit Violation MONITORING OUTFALL REPORT PPI LOCATION 01 -2010 001 Effluent PARAMETER Coliform, Fecal MF, M-FC Broth,44,5C VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION 01/12/10 2 X month #/100m1 400 1,900 375 Daily Maximum Exceeded None 0 9 s7— Kr? 0) ATSA NCDENR North Carolina. Department of Environment and Na Division of Water Quality Michael F. Easley, Governor Mr. Thomas W. Walton Rowan Associates & Mercan P.O. Box 664 Morganton, NC Dear Perini 28680-0664 October 20, 2008 ill'am G. Ross, Jr., Secretary Coleeri 1. Sullins, Director DW ,.Surf ce Subject: Renewal Notice NPDES Permit NC0061034 Rowan Associates & Mercantile WTP Rowan County Your NPDES permit expires on June 30, 2009. 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 January 1, 2009. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after June 30, 2009, 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. me If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact he 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. cc: Central Files Mooresville Regional Office, Surfac NPDES File ater Protection. Sincerely, Charles H. Weaver, Jr. NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6391 I FAX 919 807-6495 I charlesiweaver@ ncmail.net N©rthCaro na Naturally An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper NPDES PERMIT NC0061034 ROWAN ASSOCIATES & MERCANTILE WWTP ROWAN COUNTY The following items are REQUIRED for all renewal packages: A cover letter requesting renewal of the permit and documenting any changes at the facilit since issuance of the last pe.rniit. Submit one signed original and two copies. The completed application form (copy attached), signed by the puttee or an Authorized Representative. Submit one signed. original and two copies. If an Authorized Representative (such as a consulting engineer or envirom ental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES pertnit). 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. following; items must be submitted by any Municipal or I dustrial facilities discharging process w°astew Industrial facilities classified as Prima Industries (see Appendices A -I) to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow >_ 1.0 N1GD must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21.. The above requirement does NOT apply to privately owned facilities treating 100% domestic wastewater, or facilities which discharge non process wastewater (cooling water, filter backwash, etc.) Send the corrzpleted renewal package to: Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 North Car Beverly Eaves Perdue Governor NCDENR ina Department of Environment and Natura Division of Water Quality Coleen -1 Suffins Director October 8, 2009 LEWIS M JOHNSON, MANAGER ROWAN ASSOCIATES & MERCANTILE 119 N STERLING ST PO BOX 664 MORGANTON NC 28680 SUBJECT: Payment Acknowledgment Civil Penalty .Assessment Rowan Associates & Mercaritile WWTPMercantile Pen -nit Number: NC0061.034 Case Number: LV-2009-0331 Rowan County Dear Mr, Johnson: s ,uroes OCT 1 2 Dee Freeman Secretary This letter is to acknowledge receipt of check number 4863 in the amount of $33537 received from you dated October 1, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert .L.. Sledge at 919-807-6398. Sincerely, ---1O-Vonah D. Weeden cc: Central Files DWQ Mooresville Regional Office Supervisor 15'17 Serece Center, Faleirede Norte CaroIine 225:99-1613 beat-Ion:512 N, Salient/try St, RaIttIgh, North Carclina 273604 Phone 919-505-6300 1 ;',A. X 919-807-6492 C usee net Se rette 1-877 452358748 Internet vtniett5 newaterquatty ott3 N 0 rthcar !attire? Bev Eaves Perdue Governor North Caro! i NCDENR Department of Environment and Naturat Reno Division of Water Quality Coleen. H. Sullins Dee Freeman Director Secretary September 2"2, 2009 CERTIFIED MA I 7008 1140 0002 2716 8090 RETURN RECEIPT RE UESTED Mr. Lewis Marvin Johnson Rowan Associates & Mercantile, Inc. 905 Webb Road Salisbury, North Carolina 28146 SUBJECT: Dear Mr, Johnson: urces T otice of Violation and Assessment of Civil PenaIty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No, NC0061034 Rowan Associates & Mercanitle WWTP Rowan County Case No, LV-2009-0331 This letter transmits a Notice: of Violation and assessment of civil penalty in the amount of $335 #7 ($250.00 civil penalty + $85.37 enforcement costs) against Rowan Associates & Mercantile, This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for June 2009. This review has shown the subject facility to be in violation of the discharge limitations found in. NPDES Permit No. NC0061034. The violations are summarized in Attachment A to this letter, Based upon the above facts,l conclude as a matter of law that Rowan Associates & Mercantile violated the terms, conditions, or requirements of NPDES Permit No. NCOO61034 and North Carolina General Statute (CIS) 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. 143-215.6.A(a)(2), Based upon the above findings of. fact and conclusions of law, and in accordance with au- l ority 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. Rowan Associates & Mercantile: Mooresville Regional Otiir.e l n: 610 Fast Centcr 4v ., Sou 301 Mo (704 ) 6631699 % Fax: (704) 663-6040 rn t. www:lio °aterqu3I Ity,Org ustorner Service: 7-877-623-674X 0.^,e NorthCarolina ;Naturally Egra1OppFotuiraAcu p paper 250,00 For 1, of the one (1) violation of G,S, 143-215,1(a)(6) and NPDES Permit No; NC0061034, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. 250.00 TOTAL CIVIL PENALTY :7,17 Enforcement costs, 335;37 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) (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 ofthe, violations; The effect on ground or surface water quantity or quality or on air quality', The cost of rectifying the darnage; 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 .ofthe enforcement procedures. Within thirtyys 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 Ibrrn). 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/Enfbrcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 ot 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: 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; (i) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (1) whether the violator had been assessed civil penalties for any previouiOatiOn. or Whether payment of the civil, penalty vill 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), l'.1ea.sc be advised that the Cortunittee 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 Ad.ministrative 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 administrativehearing with the Office of Administrativ.e Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an ad.minist„rative 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 am. 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 1ai1 Service Center Raleigh, North Carolina, 27699-6714 Telephone: (919) 7.33-2698 Fac„simile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms, Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 ,Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) oon the. petition, Failure to exercise one of the options above ‘vithin thirty (30) days of receipt of this letter, as evidenced by an internal date tune received stamp (not a postmark)„ will result in this matter being referred to the Attorney GeneraFs 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 continuinp nature, not related to operation andlor maintenance problems, and you anticipate remedial construction activities,Lthenyou may wish to consider appl\,jrig for a Special Order by Consent,. If you have any questions .ibout this civil_penalty assessment or a, Special Order by Consentillease contact the Water Quality Section staff of the Mooresville Reiona1 Office at 704/66-1699. Robert ,B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water ()uality ATT. r'lliMENTS cc: Water Quality Regional Supervisor wl attachments Compliance/Enforcement File ix/ attachinents Central Files w,/ attachments Par TTAC NT CASE NO. L" "- -01 OAP ii ate 001 June 1009 a mc n ogea Reported S alu Permit i 6,7 mg,„ "1 nrt nt hi - a erage) . mg, Denotes cit'i eni.. assesstn STATE 01 NORTH IH ROIli COUNTY OF R\'w 1)1 A 1 \IE T OF EN 'IRONLMEN1 AND NATURAL SOURCES IN THE NI VFTER OF ASSESSIENT F CIVIL PENALTY AGAINST R0' AN ASSOCIATES AND ME CAN1FIL", INC, PERMIT NO. . NC0061034 RIR OFI HT T ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FIIE 200 0 Having been assessed civil penalties total * for vielatictrs forth in the assess�nerrt: doLument of the Division of Water Quality dated Septemb r 22„ 2009, the signed, desiring to seek rernis ion of the civil penalties,does hereby waive the right to an adninist.ratz e hearin , in the above -stated matter and does stipufate that the facts are as alleged in the assessment document 'The undersigned further understands that all evidence presented in support ofremission. ofthis civil penalty' nmst be submitted to the Director of the Division n f Water Quality within 30 days of receipt of the notice of assessnrent. ;No neNN,. evidence in support f a remission request will be allsved after 30 days fry the reLeit of the notice of assessment. Th ADDRESS 1 ELfa I'I Ill IE JUSTIFICATION FOR„RE:Mi 'ON TEST 'MVO Case Number: IN-2009-0331 Assessed Party: Rowan Associates & Mercantile, Inc. County: Rowan Permit Number: NC0061034 Amount Assessed: S335.37 Please use this form vhen requesting remission of this civil penalty. You must also complete the "R.equest For Remission, Waiver of Ricqtt to on ,,-Idministrative Hearino, 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 tactual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. 143B-282,1i0, 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. 1-43B-282.L(b) 'were v,Tongitilly applied tothetrirent of the petitioner (the assessment factors'. are listed in the civil penalty assessment docu tn e (); (h) the violator onptJted continuing environmental damage explain the steps that v01,4 took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain tthy the violation unavoidable or something Troia could not prevent or prepare 16,:), (d) the violator had not been assessed gVi jticsfor an - vious vio (e) payment of L_ciy±iLp_enaltv will prevent payment for the rnjpiflgnecessary remedial jafls ac. (Le,, explain how payment of the civil penalty will prevent you from performing the activities' necessary to a c .h ieve complwne) ON: isc addition( ,ages as necessary) thviola e NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Rowan Associates & Mercantile, Inc. Facility: Rowan. Associates & Mercantile WWTP County: Rowan Case Number: LV-2009-0331 Permit Number: NC0061034 ASSESSME''I` FACTORS The degree and extent of harm to the natural resources of the Sta private property resulting from the violation; to the public health, or to No harm has been documented; however, ammonia nitrogen concentations discharged above the effluent permit limits would be likely to impact the receiving stream by lowering dissolved oxygen availability, causing nutrient enrichment, and resulting in toxic impacts to aquatic life. 2) The duration and gravity of the violation; The violation occurred in the month of June 2009. The monthly' average limit for atnmoni a rtroget 'as exceeded by 79%. The effect on ground or surface water quantity or quality or on air quality; No effect is expected on air quality or ground water. Surface waters were likely to impacted by the increased levels of ammonia nitrogen. Ammonia nitrogen is toxic to aquatic life, causes nutrient enrichment that leads to algae blooms, and lowers dissolved oxygen levels in the receiving stream. 4) The cost of rectifying the damage; Tie cost is unknown. The amount of money saved by noncompliance; No money appears to have been saved by the violation. 6) Whether theviolation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. The prior record of the wioltor in complying or failing to conr.plf ith programs over which th EllNi1"011111ent l Management Commission has regulatoryatory authority; and Case Number Description -200-7 May 2009 llroi ®20-022 April 2009 1 ons, failure tonionitor paid on 9r i 0 s- elosecL on paid on / ,� � case closed. 2 The cost to the State of the enforcement procedures. Staff preparati 1. of enforcement package: Si' Regii. al Supervisor reieE: Clerical Support: l hots hour at 7. /hour 5.00/hour u 5.7 Date RO Supervisor sion of Water Q al MONITORING REPORTI VIOLATIONS for: Facility Name: f s Between, Parent Name: 'Yo egion. Maio ounty: Violation Cat Subb Report Date 09/10/09 Page. 18 of 21 PERMIT: NC0061034 FACILITY: Rowan Associates & Mercantile - Rowan Associates & COUNTY: Rowan Mercantile WWTP REGION: Mooresville at Violation MONITORING OUTFALL REPORT PPI LOCATION PARAMETER 06-2009 001 Effluent Nitrogen, Ammonia Total (as N) - Concentration VIOLATION DATE FREQUENCY 06/30/D9 2 X month ZPP5-oIf; "I PERMIT: NC0024244 FACILITY: City of Albemarle Long Creek WWTP UNIT OF MEASURE L➢h➢1T mg/I 6.7 CALCU A'TED VALUE 12 C" COUNTY: Stanly VIOLATION TYPE ontllly Average Exceeded VIOLATION ACTION None — . REGION: Mooresville 3-7 Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE D6-2009 001 Effluent Chlorine, Total Residual 06/11/09 5 X week ugll LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION 18 19 Daily Maximum Exceeded No Action. RP.➢ Beverly Eaves Perdue Governor NCDENR. Norte Carolina Department of Environment and Na Division of Water Quality Coleen H. Sullins Director THOMAS W WALTON ROWAN ASSOCIATES & PO BOX 664 MORGANTON NC 28680 SUBJECT": Dear Mr. Walton: September 11, 2009 RCANTILE Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile W WTP Permit Number: NC0061034 Case Number: LM-2009-0037 Rowan County ural Resources Dee Freeman Secretary This letter is to acknowledge receipt of check number 4846 in the amount o . $385.30 received from you dated September 2, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. lf'you have any questions, please call Robert L Sledge at 919-807-6394. cc: Sincere Central Files DWQ Mooresville Regional Office Supervisor 1617 Ma iE Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-6300 t FAX: 919,807-64921 Customer Service: 1-877-623 6748 Internet: www,ncwaterqual'iry,org An Equav Opportunity t Afirrrrative Action Employer v, #onah D. Weeden 'arol.ina Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director SCCretary August 25, 2009 CERTIFIED MAIL 7008 1140 0002 2716 8052 RETURN RECEIPT REQUESTED Mr, Lewis Marvin Johnson Rowan Associates & Merchantile Inc. 905 Webb Road Salisbury, North Carolina 28146 SUBJECT: Dear Mr. Johnson: This letter transmits a Notice of Violation. and assessment of civil penalty in the amount of $385.30 00.00 civil penalty — S85.30 enforcement costs) against Rowan Associates & Merchantile. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for May 2009.. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0061034. The violations are summarized in Attachment A to this letter, Notice of Violation and Assessment of Civil Penalty for Violations ofNC. General Statute 143-215.1 (a)(6) and NPDES Permit No. NC0061034 Rowan Associates & Merchantile WWTP Rowan. County Case No. LM-2009-0037 Based upon the above facts, I conclude as a matter of law that Rowan Associates & Merchantile violated the terms, conditions, or requirements of NPDES Permit No. NC0061034 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 Rowan Associates and Merchantile: Maoresville Regional Office 1„,ocation- 610 EIS( Cents Suite 301 Mooro8villc.„ NC 28115 Phone (704) 663-1699 Fax: (704) 663-6040 \ Cuswmer Sr 4-877-6--'34,:74F 1nternet: W4vw,nc-A8,-3tucorality.or An FAua1Ourorttuitty', AllfirmatIve Action Employer ±lre'xii .RecyclectiON Pos Consmmer paper One NorthCarolint. ,i;171/17117/4 50.00 250,00 S 300.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and' NPDES Permit No. NC0061034, by discharging waste into the waters of the State in violation of the permit effluent monitoring frequency for total residual c.hiorine. For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0061034, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia nitrogen. TOTAL CIVIL PENALTY 85.30 Enfbrcement costs. S 385.30 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 U.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by- noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of E.nvirournent and Natural Resources (do 1`10i include .waiver ortn). 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 16.17 Mail Service Center Raleigh, North Carolina 27699-16 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 he 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) (3) (4) (5) whether one or more of the civil penalty assessment factors in G.S. 1.43B-282. '1) were wrongfully applied to the detriment of the petitioner; whether the violator promptly abated continuing environmental damage resulting from the violation; whether the violation vA,ias inadvertent or a result of an accident; whether the violator had been assessed civil penalties for any previous -violations; or whether payment .0f-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 thematter 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 Cornpliance Lnforcernent Ini' 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 ilcarings: 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 front 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 aan. 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 he 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 2-7699-6714 Telephone: (919) 733-26.98 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt ofthis 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 lithe violations are of a continuing nature, not related to o_peration andlor maintenanceproblems, and_you anticipate .remedial construction activities, then you may wish to consider applying for a Special Order by Consent, if vou have anv questions about this civil penalty assessment or 4 Special. Order by Consent, please contact the Water_Quality Secuon 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. ATTACHMENTS cc: Water uality Regional Supervisor Ix/ attachments Compliance/Enforcement File w attachments Central Files wl attachments Out: Date 24 30/09 5/2009 CASE . L I- 00 - Parameter otd , ,7.lkr TRC'Failure to nlonitor rr nia citron * 1 5 5 r.'1 Denote- i »-ilpenalty a snat Ammonia citron sut prill ti ro. October 31. Per Monitor twice Weekly .7 i . ,d (monthly average) ATE F NORTH THCAR (IINA Dd P RTM T OF ENVIRONMENT AND NATURAL RESOURCES IY OF ROWAN IN THE MA IT ER OF ASS SF SSME T f F CIVIL PENALTY AGAINST ROWAN ASSOCIATES MLR( TA, T1 L F. PERMIT NO. NCOti1tl ER OF RIGHT TO 3A D\°11NI 1R TIME HEARIN ` D STIPULATION OF FACTS FILE N. 9.-0037 Navin g been assessed civil penalties totaling S 385. II f r fioIati n(s) as set forth in the assessrrtent document of the Division of water Quality dated August 25, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the bye-stat matter and dies 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 sion of Water Quail Within 30 days of receipt of the notice of assessment. No new evidence in support of fission request ill be allowed after 3days from the receipt of the notice of assessment the das of ADDRESS 00 BY d ELEI'II"E JUSTIFICATION F R REM SSION REQUEST DWQ Case Number: LM-2009-0037 Assessed Party: Rowan Associates & Merchantile County: Rowan Permit Number: NCOO61034 Amount Assessed: S385.30 Please use this form ‘Yhen requesting remission of this civil penalty. You must also complete the "Repest For Pemssion, Waiver of Right to an Admirzistrative Hearing, and Stipulc-ition 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,;&S. § 14313-2811(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.GS 143B-282.1(b) were wrongfulla applied to the detriment of the petitioner (the a e s vtnLnt fat tors .are listed in the civil penalty assesstnent document); the violator promptly abated continuing environrn damaqe resulting from the violation (Le., (b) explain the steps that 2,,ou took to correct the violation andpreven!juture occurrences): (c) the violation was inadvertent or a result of an accident (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) a.• r had not been assessed civil penalties for anypreyious violations; (e) payment of the civil penalty will prevent payment for the el remaining necessary emedial actions , explain how payment of the civil t.'enolt i ll prevent vou fr 0 in perforrning the activities necessary to achieve compliance). EXPLAN.. ON: (use additional pages as necessary) Violator: Facility: County: Case Number: Permit Number: NORTH CAROLINA DIVISION OF W.WATER QUALIT Rowan Associates 84 Merchantile Rowan Associates & Merchantile 'TP Rowan LM-2009-0037 NC006 1034 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; No harm has been documented; however, it would be predicted that the monthly average limit violation for ammonia would have toxic impacts on the receiving stream. In addition increased ammonia in the surface waters would lower available dissolved oxygen and cause nutrient enrichment. 2) The duration and gravity of the violation; The violation is a monthly average limit violation for May 2009 suggesting elevated ammonia nitrogen concentrations in the discharge for the month. The permit limit was .exceeded by 130%. The ammonia nitrogen limit was also violated in April 2009,.196% over the limit. 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on air quality or ground water. Surface waters were likely to be impacted by the discharge. Ammonia nitrogen is toxic to aquatic life, causes lowered available dissolved oxygen in the receiving stream, and increases nutrients, which lead to eutrophication. 4) The cost ef rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful nor intentional. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental. Management Commission has regulatory authority; and e Number Description - 09-0292 - 335.30 for ammonia nitrogen monthly avg. violation April 2009, case o,en, LV-2008-0367 $440.40, June 2008 paid/closed 10/27/08 The cost to the Stateo he enfenforcementpe..rs Staff prep ration of enforce grit packpacka le 1 hour at S32,21 /hour° SWP Regional Supervisor re le\v; 1 hour at $3&09 hour Clerical Support: Total: 1 hot r t .00/hour 30 Ro Supe for Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: MRs Between: Facility Name: #lei Param Name: Report Date: 08/24/09 Page 26 of 2'3 Program Category. NPDCS liWV Violation Action: % PERMIT: NC0061034 FACILITY: Rowan Associates & Mercantile - Rowan Associates & COUNTY: Rowan Mercantile WWTP REGION: Mooresville Limit Violation MONITORING OUTFALL / REPORT PPI LOCATION PARAMETER 05 -2009 001 Effluent VIOLATION DATE FREQUENCY Nitrogen, Ammonia Total (as 05/31/09 2 X month N) - Concentration (LA-- 1.7 1zr" .tom t. t, h e ' UNIT OF MEASURE mg/I LIMIT 6.7 CALCULATED VALUE 15.45 VIOLATION TYPE Monthly Average Exceeded VIOLATION ACTION Z 6 °,?/.) None c ; q)ST, 30 PERMIT: NC0041718 FACILITY. Davidcyn Apartments - Davidcyn Apartments COUNTY: Stanly REGION: Mooresville Limit Violation MONITORING OUTFALL / REPOR"T PPI LOCATION PARAMETER VIOLATION DATE FREQUENCY 05 -2009 001 Effluent Chlorine, Total Residual 05/07/09 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/08/09 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/11/09 2 X week 05 -2009 001 Effluent Chlorine, "F'ota9 Residual 05/14/09 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/19/09 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/22109 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/25/09 2 X week 05 -2009 001 Effluent Chlorine, Total Residual 05/27/09 2 X week UNIT OF MEASURE ug/I ug/I LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION 17 27 Daily Maximum Exceeded No Action, BPJ 17 30 Daily Maximum Exceeded No Action, BPJ ug/I 17 25 Daily MaximumExceeded No Action, BPJ ugfI 17 19 Daily Maximum Exceeded No Action, BPJ ug/1 17 22 Daily Maximum Exceeded No Action, BPJ ug/I 17 33 Daily Maximum Exceeded No Action, BPJ 17 23 Daily Maximum Exceeded No Acti n, BPJ 17 21 Daily Maximum Exceeded No Action, DP,1 ug/l MooresvilleRegional Office 610 East Central Ave, Suite 301 Mooresville, NC 28155 Dear Mrs. Marcia Mincer), The alarm system light has been replaced. Records for the last three years are being sent from Salisbury lab, may have to om to Mooresville to t copies of the D RS. I just took this system back over and all the records l have is what was left by the previous ORC, not much at all was filed r left. Started new files and trying to t things back in order the way that they were. Field parameter for temperature has been reduced to once weekly from the state. Salisburyab ilI be performingthis test weekly. Sorry this letter is late , but wanted to get all the info first. ORE Rowan Associates Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 2, 2009 Mr, Toni W. \k/atton Rowan Associates &. Mercantile, Inc, Post Office Box 664 Morganton, North Carolina 28680-0664 Subject: Notice of 'Violation Compliance Evaluation, Inspection Rowan Associates & Mercantile WWII) NPDES Permit No, NC0061.034 Rowan County, N.C. Tracking NOV-2009-PC-0602 Dear Mr, Walton.: Enclosed, is a copy of the Compliance Evaluation Inspection Report for the inspection conducted, at the subject facilityon June 11, 2009 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. This report is being issued as a Notice of Violation (NOV) due to the failures to analyze effluent samples (pH and temperature) by a certified laboratory and retain the permit -required documentation \vhich are violations of the 1,5A NCAC 211 .0804, subject NPDES Permit, and North Carolina General Statute (GS.) 143-215,1, as detailed in the Record Keeping and Laboratory Sections of the attached report. Pursuant to G.S. 143-215,6A, a civil penalty- of not more than twenty-five thousand dollars (S25,000.00) per violation, per day, may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215 1.. It is requested that a written response be submitted to this Office by .Ittly 23, 2009, addressing the above -noted violations and the discrepancies noted in the Sand Filters (Low Rate) and Dechlorination Sections in the attached report. In responding to the violations, please address your comments to the attention of Mrs. Marcia Allocco. Mooresville Regional. Office LocatIon: 610 East Center Ave., Sulte 301 MooresvIlle, NC 20115 Phone: (704) 663-1699 \ Fax: (704) 633-60401 Customer Service: 1-877-623-6748 Internet: wmg,ncwaterquatity,org An Equal Opportunity ,,Aftrmatwe Acn Employer — 53% R7dCni1 Ppst Consume( paper One NorthCarolina ,Yaturally Tarr . i ralt n 2009 'age Two Should you have questions concerrung this report, phase d1 llocco or Mr. dell at (704) 663-1699. Enclosure Inspection Report CC: WB inc '101, Robert B. Krebs Surface Water Protc Rowan Evan t c unit health Department inhuson, Rowan associates &i Iercant) Inc. estt kn 1 egi laal Supc asor A National Data System Coding e PCS) yr/ma/day 1 1 121 09/06811 EPA Transacten Code .2 1 51 jested States Emeron menial Prolesson Ager53y Washington:0 C 20480 ater Compliance Inspection Report NPOES NC00610.34 Inspecon Work Day's ac ty Setf-Menitoring aluaion Rating 67 I -5 1 69 701 31 71 inspection Type 161 cl 1_51 Approved. o 2040-0057 Approval expires 8-31-98 Inspector 191 s1 74 75 Fa c Type 20i 1 66 60 Sect on P Facility Data Name and Location of Fadity nspected (For Industm POTW name and NFDES permit Number') Rowan Associates & Mercentele wwrr- 905 Webb Rd NCSD 15041 Sallsbery NC 28144 Uses disctargin Name(s) of Onsite Representative(s)Tritles(s)IPhone and Fax Number(s) •/// John Jeffrey Dennard/ORS:9196302-0055/ ess M Johnson/51ensger/628-437-8770 /9294670915 o par' also include Name, Address f Respcostle Official,TitlelPhone and Fax Number Thcmas W Walton, PC Box 664 Merdanteen 140 2368o;Cmer/B268 433 -8500 /9:a 4310915 Contacted Entry TimeiDate 09:54 AM 09/06/11 Exit TimelDate 12:20 P14 09/0E81 Other Fabfity Data Permit Effective Date /05/01 Pe 05 It axonal& Date 09/06/30 Section C: AreasEvaluated Do ng nspection (Check only those areas evaftiated) _ .. __.. II Permit III Flow Measurement Operations & Maintenance Re.cords/Reports III Self-Moni oring Program II Sludge Handling Disposal Eaciti.ty Site Review II Laboratory e n D/ Sommary of Findinolco Drnents (Attach addianat sheets _of narrative and c_klists as necessa v) (See attachment summary) Neoest) and Signature(s) Inspecler(s) Wesley N Beli e of Management R A Revi Ida read Lcc) EPA Form 3550-3 (Rev 9-94) Pre \6ous editions are obsolete IlEfiluent(Receiving Waters Agency/Office/Phone and Fax Numbers Date AgencyOfficelPtione and Fax Numbers MR0 4)/4704-66361699 Ext:2204/ Page # NPDES 0061034 Section 0: Sun -nary of Finding/t ornments (Attach addFtianal sheets of narratove and checklists a RECORD KEEPlNG SECTION cont'd: Discharge Monitoring Reports (DMRs) were reviewed far the period April 08 through March 09. Daily maximum effluent limit violations for fecal coliform (-total), total suspended solids (1_total), and total residual chlorine (1-total) were reported. Monthly average effluent limit violations for fecal coliform (1-total) and total suspended solids (1-total) were also reported. The Division has previously addressed the above -noted limit violations by the issuances of either an NOV orNOV/civil penalty assessment. Only one effluent total residual chlorine value was reported during the week of /13/08 (twice per week required) and one effluent total suspended "solids value was reported for August 08 (twice per month required). The 1'0-day interval between the twvice per month effluent samples (13O[ , TSS, ammonia, oik & grease, and fecal coliform) was not adhered to for July 08, November 08, and February 0. The ORC and staff must ensure all "a" values are properly calculated properly to determine the hly average values: ale Permit: NCO rt"1 inspection Date Facility: Rioavarr Asccratex rte in -c[ion Type. Camelne Evalu tEu Permit ;lf the present perr e egg res in g ninths or less? Has the perrnittee subrartted a ne4v epeesatidrr. the faciErty as dnscr5 # Are there any special Is asses s to the plait s e Ec d in the°perrnit'" cnd,t,ns for the perr It°r restricted to the general pub granted access to all areas tc Comment: Record Keeping Are records kept and rr' Is all Are al ecard Are analyte a& t'esul to d e. rspecttOrr?' eq ed by the be ati=on readily availstale, complete and current'? ined for 3 years (lab rig rec,urrpd 5 year: r o sEstent vrith data re parted on OMRsy Is the chain of custody eta` Dates, times and ice ai;sn cf sarnpl}ng Na ne of individual perform ing the sarep end calibre n Results'[ y Dates of analysis Na ;t e of person perform a analyses Transperted COCs Are tdMt s completedot ey )include all per na parerneters Has the facility subrtsbed }ts annual compile e report.tc u ' t iIf the tacr9ity is p or > 5 MOD permitted flow Do they operate °2A 1 a serfined operaicr on each chit? Is the ORC v sutation Icg available and current s tf y OP certified a; grade ea, tta or h gheC the backup operet€a the ens and be grade less or greater t:haEn Is a ocpy of the cr:rrert NPDES perrrlt available on site"? Feed ty has copy of or ous year's Annual Report on fiEt views rts y ss4fzcd ion^ Yes No NA NE • I1 i • �D annn Yes No NA NE ii nann 0 0 n ri c ri noon ri o' Page # Permit: NC0061O34 nspection Da Obi 7'1/2009 Owner - Facility: Rowan Associates 5 Nlercanrt1e WNTP Inspection Type: Compliance Evaluation Record Keeping Comment: Records were not being retained for 3 years (5 years for laboratory and sludge records) as required by the permit. The only permit -required documentation available for review (during the April 08 through March 09 review period) was for March 09 (new CRC). All permit records (lab analyses, operation & maintenance, chain of custody forms, etc.) were being maintained from March 09 to current date. See "Summary" Section for addtional comments, Laboratory Are field parameters performed by certified personnel or laboratory'? Are all other parameters(excluding field parameters) performed by a certified lab? # Is the faculty using a contract lab? # is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Incubator (Fecal Colifcrrrl) set. to 44.5 degrees Celsius+l- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +'- 1.0 degrees? Comment: Effluent analyses (including field parameters) were performed by the Salisbury -Rowan Utilities Grant Creek Regional WVV1-P Laboratory (Certification #112), The pH (March 08) and temperature (entire review period) analyses were not performed by a certified laboratory (field) as required by 15A NCAC 2H .0804. The thermometer used for the daily temperature monitoring had not been reverified. 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 sarnphng 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 accep keeping? Yes No NA NE Yes No NA NE Florin ■ nnn ■ nnn ■ nnn n n■n n n■n Yes No NA NE nn■n ■ nnn ▪ OD nnon nn■n =nnn Yes No NA NE ■ nnn Does the facility analyze process control parameters, forex: Mt.SS, MCRT, Settleable Solids, pH, DO, Sludge fl n U' n Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained at the time of the inspection, The facility staff must ensure all operation & maintenance activities performed at the treatment plant are documented. §_e_p Tank (If pumps are used) Is an audible and visual alarm operational? Yes No NA NE n nan Page # 4 Permit NC0061034 Owner Facility: Rowan Assoaates & Merearde 1,ANYTP inspection Date: 06711:2C09 Inspection Type: Compliance Evaluaton Septic Tank le septic tank curopeg ch a schedule? Are pumps or syphons operating properly? Are hop and kow water alarms operating properly'? Comment: The facility is equipped with dual septic tanks (operated in series). The septic tanks are pumped (iby Rowan Septic) approximately twice per year. Sand Fitters Low rate Of pumps are used) Is an gookble and ‘ostle alarm Present and operational, Is the distribution box level and ),vaterfight? Is sand filter free of pending, Is the sang filter effluent re-cfflculated at a veld raffle', # Is the sand filter surface free of algae or excessIve vegetation? # Is the sand filter effluent re -circulated at a 'Paha r oroxtmately 3 to 1) omment: The visual alarm was nat operational at the tiring of the inspection The sand filter effluent is currently being recirculated at a ratio of 2 to I (approximately). DisinfectionaTablet Are tablet chlorinators operahcoal? Are the tablets the proper size and type, NUmber of tubes in use? Is the level of chlorine residual acceptable, Is the contact seer:ter free, or growth, or sludge buildup, Is there &donne residual poor to Se-ohloonsecn? COMMent: De -chlorination Type of system ? is the feed ratio proper -Segal to chlorine amount (1 to 1)? Is storage appropriate for oyenclers9 # is deachlorination substance stored away from chlonne containers? Are the tablets the proper sze and type, Comment: The facility staff must ensure that the chlorination and de hionnation tablets are stored separately. Are tablet de-chlonnators operational', Yes No NA NE oo Yes No NA NE n m n 11 000 n n n m n n n NODO Yes No NA NE n n n mnnn 2 n n *con nnl Yes No NA NE coca deiot on n n ri non Page # Permit: x4 Inspeotr n Date , l t` , Owner -, ic4tr inspection Type:: -chlorination Number of tubes in use Comment: The deohlorinatton tablets should be rernoved from the treatment unrt vault and stored in a dry and well ventilated area: Flow Mee sttrerneht - Effluent o v €ret r caliarat annuallyn s the floe operatronal' are separated; Does the chart re c orkter rratwh the flew mister"? omment: Instantaneous effluent flows are currently measured by the bucket and stop watch method. Effluent Pipe Is rcraht of way to the cutfalk prop crra rtai ~er Are the reee'av€ng water f cf foam ether than trace amount and other debr sp Itettiuent (diftuser pipes ace requared) are they aperatang properly' Comment: The effluent appeared clear with no floatable solids of foam. The receiving stream did not appear to be negatively impacted. 2 A NE Yes NNo CIA NE 0 ri rirrt 11 %I Yes No NA NE ▪ r o ▪ ri 00 n o Page NCDENR N orth Carolina Department of Environment and Natural .I4esources Division of Water Quality Beverly Eaves Perdue Coleen ft Sullins Governor Director „April 9, 2009 Mr. Tom Walton Rowan Associates and 11,4erehantile, Inc. 905 Webb Road Salisbury:, North Carolina 28146 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2009-LV-0165 Roy Associates &. Merehanti le WWTP NPDES Permit No. NC0061034 Rowan County Dear Mr. Walton: Dee Freeman Secretary A review of the December 2008 se ring report for the subject facility revealed a violation of the ftil!oving parameter: Pipe Parameter Reported Value 001 Total Residual Chlorine 250 ugll (daily maximum) Perntit Limit ig.11 (daily maximum) Remedial actions, if not already implemented, should he 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 andlor maintenance problems, and you anticipateremedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr.:lc-41n Lesley of this Office for additional information. If ,you have questions concerning this matter, please do not hesita Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Mooresville Realona1 Office Location: 610 East Center Ave., Suite 301 MooresvIle, NC 28115 Pncne: (704) 663-1699 \ Fax (704) 662,-6.040 \Customer Service.. 1-877.-623-6748 Internet, vinvw.ncwaterquality rang An Equal Opportunity Affrunative Aation Employer -- Recycled/10% Pcst Consumer paper Mr. Lesley or me at '704.1663-1699. .NorthCarolina ,A7aturally Beverly Eaves Perdue, Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins, Director February 17, 2009 Dee Freeman, Secretary CERTIFIED MAIL ITEM 7002 0860 0006 5&36 1875 - RETURN RECEJPT REOUESTED Mr. Lewis M. Johnson Rowan Associates & Mercantile 119 North Sterling St Morganton, NC 28680 Subject: Notice of Violation Failure to Submit Renewal Application NPDES Permit NC0061034 Rowan Associates & Mercantile WWTP Rowan County Dear Permittee: The subject permit's expiration date is June 30, 2009..Federal [40 CFR 122) and state (15A NCAC 2H.0105 (e)) regulations require that an application for permit renewal be filed at least 180 days prior to expiration ofthe current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than January 1, 2009. As of this date, the Division has not received your renewal. application. This is a violation of Part IL B. 10. of your permit, which states "Any permittee that has not requested renewal at least 180 days prior to expiration...will subject the permittee to enforcement procedures as provided in NCGS 1.43-215.6. and 33 USC 1251 et. seq.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than March 4, 2009. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit for if you have any ,questionsl Please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely", ORIGINAL SIGNED BY Tom Beinick Coleen H. Sull cc: Central Files Mooresville Regional Office, Surface Water Protection NPDES File ‘1, 1617 Mad Service Center, Raleigh, North Carona 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 807-6391 I FAX 919 807-6495 / chanos,weaverancmail.net One . NorthCarolina Naturally An Equal OpportunitylAtfirrnative Action Employer - 50% Recycled/10% Post Consumer Paper NPDES Permit NC0061034 Rowan Associates & Mercantile WWTP Rowan County The following items are REQUIRED for all renewal packages: rj 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. J The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. J If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, submit written documentation showing the authority delegated to any such Authorized Representative (see Part II.B.11.b of the existing NPDES permit). 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 foilowingitemnust be submitted by Industrial or Municipal facilities discharging industrial process wastewater: Industrial facilities classified as Primary Industries (see Appendices A-D to Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. If the PPA cannot be completed by the time you complete your application package, submit the application package without the PPA. Submit the PPA as soon as possible after you receive the completed analyses. The above requirement does NOT apply to non -industrial facilities. Send the completed renewal package to: Mrs, Dina Sprinkle NC DENR DWQ Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 THOMAS W WALTON ROWAN ASSOCIATES & MERC PO BOX 664 MORGANTON NC 28680 SUBJECT: Dear Mr. Walton: lr October 27, 2008 TILE Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile WWT Permit Number: NC0061034 Case Number: LV-2008-0367 Rowan County Michael F. Easley, Governor G. Ross jr., Secretary and Natural Resources Colleen H. Sullins, Director Division of Water Quality This letter is to acknowledge receipt of check number 4632 in the amount of $440.40 received from you dated October 15, 2008. 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 I., Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Adttrtss 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Fax (919) 807-6492 N. Salisbury St. i h, NC 27604 Carolina rra d, Internet erqualitv.org Customer Service 1 7"7 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Michael F. Easley, Crovernor R.oss h., Secretary North Carolina Department of Env 'iron RICru and Natural Resources Coleen H. Sullins, Difeztar Division of .Watzr Quality CERTIFIED October 9, 2008 7007 1490 0004 4510 9578 RETURN RECEIPT REQUESTED Isdr. T.oin Walton R.ol,van Associates and Merchantile. Inc. 905 Wehb Road Salisbury, North Carol ...a 28146 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of KC. General Statute 143-2151(a)0) and NPDES Permit No, NC0061.034 Rowan Associates & Merchantile WWTP Rowan County Case No, IN-2008-0367 Dear Mr. Walton: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $440.40 ($350,00 civil penalty + $90.40 enforcement costs) against Rowan Associates and Merchantile, This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for June 2008. This review has shown the subject facility to he in violation of the discharge limitations found in NPDES Permit No. NC-0061034. 'Elle violations are summarized in Attachment A to this letter. Based upon the above facts, I, conclude as a matter °flaw that Rowan Associates and Merehantile, Inc, violated the terms, conditions, or requirements of NPDES Permit No. NC0061034 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 he assessed in accordance with the maximums established by (LS. 143-21.5,6A(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 Qu.ality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Rowan Associates and Merchantile„ Inc.: M ailing Address 610 East Center Avenue, Suite 301 looresville, NC 28115 Phone 17041 663-1699 Fax (704) 663-6040 Location 610 East Center Avenue, Suite 301 Mouresville, North Carolina One NcyhCaroliti „Naturally Internet: wwwmewitterpialitv_org Customer Service 1-877-623-6748 An Equal Opportun[ty.Affirmative Action Employer -- 50% Recycled110% Post Consumer Paper 250.00 For of the one (1) violation of G,S, 143- 215.1(a)(6) and NPDES Perrnit No, NC0061034, discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal conform, of the one (1) violation of G.S. 143- . )(6) and NPDES Permit No. NC0061034, by discharging. waste into the waters of the State in violation of the perrnit monthly average effluent limit for fecal conform. 350.00 TOTAL CIVIL PENALTY 90.40 Enforcement costs, 440,40 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 Ci,S 143B- 282.1(b), which are: (1) The degree and extent of hann to the natural resources of the State, to the public health, or to private property resulting from the .violations; (2) 'fhe duration and gravity of the violations; (3) 'The effect on ground or surface Water quantity or qualityair quality; (4) The cost of 'rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this .notice, you must do one of the following: Submit paymentof the penalty: Payment should he made directly to the order of the Department of Environment and Natural Resources (do not include waiver ibrtn), Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance.:Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina. 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request. must be .accomPaniedh\ a waiver of our 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 he remitted, and submit it to the Division of Water Quality at the addresslisted below, in determining whether a remission request will be approved, the following factors shall he considered: (1) 'whether one or more of the civil penalty assessment la.ctors in (i.S. 1.4313- 282.1(b) were wrongfully applied to the detriment ot:the petitioner; whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violationwas inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for an previous violations; or (5) whether ipayment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all informationpresented in support of your request for remission must be submitted in writing. The Director of the Division of Water Qua1it ill review your evidence and inform you of:his decision in the matter of your remission. request. The response 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. 'Ilterefore., 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 (3)) days of receipt of this notice. 'fhe Division or Water Quait also requests that you complete and submit the enclosed, "Justification for Remission. Request," Both forms should be submitted to the following address: Point Source CompliancelEnforcement Unit Division of Water Quality 1617 Mail. Service Center Raleigh•7, North Carolina 2 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 Cu must file a petition for an administrative hearing. Y o u may obtain the petition form from, the Office of Administrative Hearings. You must the the petition \vial 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 Administrativ.e Hearings during .normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am, and 5:00 p.m, except for official state holidays. The original and one (1) copy of the petition rust he filed with the Office of Administrative Hearings, The petition ina,y he 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 Administrativelllearings 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 0[NR as follows: Ms, Man: 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. I`arltrre to exercise one ofthe op bons able as yielened by an internal datef°t¢rrre receisxed stamp it being referred to the Attorney General's Office for cone rin thirty a postm of the pena da‘'s e f' t eat -in thi ()ugh 4 e 'lease he advised that addit r rral penalties array be assessed Co r °i lat ns that occur a the ie ° period of this assessment. It the °icslatir us are of a eoutin ira u t z not rel operation andlor maintenance problems, and you anticipate remedial construction actrt£hie5. tl en sou rr..rav wishto consider applying for a eeial Order by Consent, If you have any eluestiotr. about this civil penalty <rss ssrrrent or a Special Order by consent, please contact the \Fate; Quality Section sta l`rr ° _he Ieaerres illsRegional Office at 70,4/603x1699. ACII I Re e.rt B. .ebs Tonal a swiss r ace er Protects n ore Re iong Supervisor titf" att< i lianeell nforcer rent File wl attachm Central Files wit attachments chrr gional (dice ater Qua ST'ATF OF NORTH CAROTIN A: [)LPART rIEI T OF F IVIRC IEN` AND NATURAL RESOURCES COUNTY OF ROWAN IN THE FIAT TER OF ASSESS IENT "AIVFR f. IRIGHT TO AN OF CIVIL PENALTY AGAINST ADMINISTRATIVE 'TA (AN ROWAN ASSOCIATES AND STIPULATION 1 FACTS MRCRANTIT E, INC, PERMI,I, NO. NC0061034 FILL . FV-2008-0367 Having been assessed ci iI enalties t t lin 440.40 for violati nts) as set forth in the assessment document' f the Division of Water Quality dated Oc ober 9, 2008, the undersigned, desiring to seek; remission of the c °il penalties, does hereby waive' the right to an administrative' t the above -stated matter and does stipulate that the facts are as alleged in the document, The undersigned further understands that all evidence presented in support cif rcrnissi n of this civil penalty must be submitted to the Director of the Division of Water finality ithin 30 days of receipt of the notice of assessment No new evidence in support of a remission request will he allowed after 30 days from the receipt of the notice of assessment. h day of 2008 DI)SS BY TELEPHONE TION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0367 Assessed Party: Rowan Associates and Mcrchantile, inc County: Rowan Permit Number: NC0061034 Amount Assessed: S440.40 Please use this form when requesting remission of this civil penalty. You must also complete the Request Far Remission, Waiver of Right to an :Administrative Hearin 7, and Sti zrlation 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 apply. 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 mane cif the civil. penalty assessment factors in N.C.G.S. 143I3-282.1(b) were vrongtully applied to the detrin ent of the petitioner (tire assessment factors are listed in the civil alty assessment document); (b) the violator promptly abated continuing environmental danaa e resulting violation ( occurrences explain the steps that you took to correct the violation and prevent (c) the violation was inadvertent or a result of an accident was unavoidable or something you could not prevent or prepare JOT): (d) tl e violator bad not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(l. e., explain how .payment c rf `the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION w (use additional pages as necessary) by the violation Violator: Facility: County: Case Number: LV-2008-0367 Permit Number: NC0061034 NORTH CAROL. NA DIVISION OF WATER t UALITY Rowan Associates and Merchantile, Inc. Rowan Associates and. Merchantile WWTP Rowan ASSESSMENT 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; No harm has been documented; however, ;fecal coliform contamination ofthe receiving stream may cause a human health hazard and prohibit best use of the stream. The duration and gravity of the violation; The violation occurred on June 30, 2008. The fecal conform count was significant and resulted not only in a daily maximum limit violation but also caused a monthly average permit limit violation. 3) The effect on ground or surface water quantity or quality or on air quality; No effect is expected on groundwater or air quality. Surface waters downstream of the facility would likely be contaminated by fecal. coliform, limiting the hest usage of the stream. 4) The cost of rectifying the damage; The cost is unknown. ) The amount of money saved by noncompliance; No money appears to have been saved by the violation. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful.nor inteal. 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 No civil penalties have been assessed in the past 12 months. Thy co State of the enforeerrter t procedures. Staff preparation of enforcement package: 1 Hour SWP Regional Supervisor review: 1 Hour Clerical Support $37.31 $38. 09 $15.00 Total$90.40 RO caper ^i Division of Water Qua MONITORING REPORT(MR) VIOLATIONS for: Permit % IVIRs Between: 6-2008 and 6-2008 Region: Moolosville Facility Name, % Param Name: % County % Major Minor: Report Date: 10/05/08 Page: 23 of 27 Violation Category: Ltnt6 Violation Subbase): % Program Category, NPOES VW/ Violation Action: % PERMIT: NC0042439 FACILITY: Westside Swim & Racquet Club - Westside Swim & Racquet Club COUNTY: Rowan REGION: Mooresville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE 06 -2008 001 Effluent Chlorine, Total Residual 06/02/08 2 X week ug/1 28 46 Daily Maximum Exceeded None 06-2008 001 Effluent Chlorine, Total Residual 06/04/08 2 X week ug(l 28 48 Daily Maximum Exceeded None 06 -2008 001 Effluent Chlorine, Total Residual 06/09/08 2 X week ug/I 28 43 Daily Maximum Exceeded None VIOLATION ACTION 06 -2008 001 Effluent Chlorine, Total Residual 06/11/08 2 X week ug/I 28 41 Daily Maximum Exceeded None 06 -2008 001 Effluent Chlorine, 'TotalResidual 06/16108 2 X week ug/I 28 46 06 -2008 001 Effluent Chlorine, Total Residual 06/19/08 2 X week. ug/I 28 40 Daily Maximum Exceeded None 06 -2008 001 Effluent Chlorine, Total Residual 06/23/08 2 X week ug/I 28 34 06 -2008 001 Effluent Chlorine, Total Residual 06/25/08 2 X week ug/I 28 38 Daily MaximumExceeded None 06 -2008 001 Effluent Chlorine, Total Residual, 06/30/08 2 X week uq/I 28 44 Daily Maximum Exceeded None Daily Maximum Exceeded None Daily Maximum Exceeded None PERMIT: NC0061034 FACILITY: Rowan Associates & Mercantile - Rowan Associates & Mercantile WWTP COUNTY: Rowan REGION: Mooresville Limit Violation MONITORING OUTFALL REPORT PPI LOCATION 06 -2008 001 Effluent 06 -2008 001 Effluent PARAME"TEIR Coliform, Fecal MF, M-FC Broth,44.5C VIOLATION UNIT OF CALCULATED DATE FREQUENCY MEASURE VALUE 171, VIOLATION TYPE 06/30/08 2 ,X month #/100m1 LIMIT 400 6,000 Daily Maximum Exceeded Coliform, Fecal MF, M-FC 06/30/08 2 X month #1100mi 200 808,7 D41:71vIonthiy Geometric Mean Broth,44.5C Exceeded r VIOLATION ACTION None t- flf None Michael F. Easley Govemor William Ross Jr_, Secretary North Can_ „a Department ofFnaronment and Natural Resources Colcon Fi Sullins,. Director Division of Water Quality .Novernhcr 14, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0660 RETURN RECEIPT REQUESTED Mr Tom Walton Rowan Associates and Merchantile, Inc 905 Webb Road Salisbury, North Carolina 28146 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0539 Rowan Associates & Merchantile WVVTP NPDES Permit No NC0061034 Rowan County Dear Mr. 'haltorL A review of the July 2008 self -monitoring report for the subject facility revealed a violation of the following parameter' Pipe Parameter Reported Value 001 Total Suspended Solids 47 4 mgll 001 Total Suspended Solids. 32,7 mgll Permit Iiiiiit 45 0 mg/I (daily maximum) 30 0 mgll (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 Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr Lesley or me at 704/663-1699. Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Rowan County Health Dept. Aiding Address 61() Fast Center Avenue, Suite .l101 Mooresville, NC 2.8( (5 Phone (704). 663-1699 FAX 1704) 663-6040 Loca (ion 610 East Center Avenue, Suite 301 Mooresville, North Carolina N6V(hCartAirta. Naturally hider net.: eerqurditvorg Prrial nnnrr(iiniivrAff(rmrdiVP, Action Employer' -.50°,4 Recycled/10% Post Consumer Paper Customer Service L877-623-6748 Michael F. Easley, Governor William G. R.os.s Jr., Secretary North Carolina Department of Environment and Natural Resources. Coleen It Sullins, Director Division of Water Quality September 3, 2008 CERTIFIED I'vlAIL 7003 0500 0002 6819 3774 RETURN RECEIPT REQUESTED Mr. Thomas W. Walton Rowan Associates & Mercantile P. O. Box 664 Morganton, NC 28680 rrr SUBJECT: NOTICE OF VIOLATION: NOV-2008-LR-0058 Rowan Associates & Mercantile WWTP NPDES Permit Number NC0061034 Rowan County Dear Mr. Walton: rot-L.ction This is to inform you that the Division of Water Quality has not received your discharge monitoring report (DMR) for June 2008. 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 this report to the Division's Central Files office at the letterhead address within .15 days or notify this office as to any problem preventing its timely receipt. You will be considered noncompliant. with the self -monitoring requirements of your NPDES permit until the report has been submitted. Additional action, including the assessment of civil penalties, may be taken if the report is not submitted within the time frame specified above. This .letter additionallyprovides 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) 807-6398. ('7 S ,,' an A. Wilson, Supervisor NPDES Western Unit cc: NPDES Enforcement File Mooresville Regional Office Central Files Sincerely, Lie/ly oyic NorthCarolina ,Atitirally North Carolina Division of Wtcr Quality 1617 Mail Service Center Raleigh, NC 27699-161.7 Phone (91'9 807-6300 Mtemeti Wk4 .rtc,.9tcrctitalitLot_l Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax (919( 807-6492 An Equal Opportunity/Affirmative Action Employer '50% Recyclec1/10°/0 Post Consumer Paper Customer Service 1-877-623-6748 lichael 1', Easley, Governor llusrrt Ross,[r., tieereta ntent etrud Natural Resources Ci leen f [. Sullins, Director C iv°alit ar or 1 a er Quality September 9, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0301 RETURN RECEIPT REQUESTED Mr. Tom Walton Rowan Associates and Merchantile, Inc. 905 Webb Road Salisbury, North Carolina 28146 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2008-LV-0431 Webb Road Flea Market WWTP NPDES Permit No. NC0061034 Rowan County Dear Mr, Walton. A review of the May 2008 self -monitoring report for the subject facility revealed a violation of the following parameter. Pipe Parameter Reported Value Permit T_in it 001 Fecal Coliform 410/100 ml (daily maximum) 4001100 ml (daily maximum) 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 Mr. John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point. Source Branch Rowan County Health Dept. N alhng Address Center Avenue, Suite 301 NC 2811.5 a Phone (704)663-"1699 Fax. (704) 663-6040 Location 610 fist Center Avenue 4uite 301 400resv°illa., North Carolina Customer Scrv°ice 1-877-623-6748 Nord -teat -oh, a ,,� atur'a14' An Equ0.0 Opp Vanity,^'Aliinivattve Action Enrp1oyer — 50' Rnryc[ert9t90 Post Consumer Paper Tom Walton Rowan Associates & .Mercantile NPDES # NC0061 a34 Post Office Box 664 Morganton, N.C. 28680 ,. . January 19, 2006 NCDWQ Mooresville Regional Office 610 East Center Avenue Suite 301 Mooresville, N.C. 28115 Attn: Marcia Allocco Dear Ms. Allocco: On. December 20, 2006 Mr. Wes Bell performed a Compliance Evaluation Inspection at Rowan Associates & Mercantile. Below is a detailed list of the corrective actions taken in response to the discrepancies noted in Mr. Bell's final report. Sand Filters (Low rate) All future grass clippings will be raked or blown off the sand filters. The facility staff will ensure that this condition is maintained in order to assure proper filter bed operation and prevent pending. Any holes found in the berm will be promptly filled to ensure the structural integrity of the sand bed and its operation. Disinfection- Tablet/De-chlorination The chlorine and de-chlor tablets have been removed from their chamber vaults and are currently being stored in a dry, temperature controlled environment. The ORC and staff continue to have full access to the tablets at all times. Effluent Pipe/Summary In order to eliminate excessive de -chlorination in the effluent, careful observation and periodic cleaning will be performed in and below the de-chlor chamber. Any scum, residue or other cleanings will be screened and properly disposed of The facilities failure to adhere to the 10-day interval between samples was strictly a misinterpretation of the rule. This caused some sampling events to occur on the 10 h day instead of the 11th day. This has been addressed and all future sampling events will be scheduled with an interval of at least 10 days. If you have any other questions or I may be of further assistance in any way, please feel free to contact me at the above listed address. We are always happy to assist NCDWQ in any way possible. Tom Walton, Permittee Signature of Signatory Delegate Tom Walton Broker Walton R. Y Specializing in Commercial Sales & Development January 9, 2007 ATTN: Central Files Division of Water Quality NCDWQ-DENR 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Designation Change for Perm Rowan Associates & Mercantile Inc Permit No. NC0061034 Rowan. County Ladies/Gentlemen: By this letter 1 would like to request that the name of the Permittee designated to sign the Effluent reports for our facility, Webb Road Flea Market, be changed from John H. Nash, Jr., to Lewis M. Johnson, who is now the Manager of the Flea Market. John Nash retired in November, 2006. if you have any questions, you may reach me at 828/437-8770. Sincerely, 0 on Owner Webb Road. Flea Market 119 North Sterling Street • P.U. Box 664 • Morganton.,, N.C. 28680-0664 Bus (828) 437-8770 • Fax (828) 437-0915 • E-Mail waltonrc@bells0uth.net Douglas H, Troutman 8180 Bringle Ferry Road Salisbury, N.C. 28146 Tom Walton P. O. Box 664 Morganton, N.C. 28680 Dear Mr. Walton, This is notification that I, Douglas H. Troutman: North Carolina Grade 3 Biological Water Pollution Control System Operator Certificate Number 988328, do hereby resign as Back —up Operator in Responsible Charge of the facility located at Rowan Associates & Mercantile, 905 Webb Road, Salisbury, Rowan County operating under NPDES Permit NC0061034 effective 9/10/2007. A copy of this letter will be sent to: N. C. Division of Water Quality / TACU 219 East North Street Raleigh, NC. 27601 NCDENR Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, N. C. 28115 John W. Ritchie 1250 Leonard Road Salisbury, N. C. 28146 SEP 1 NC DENR MR0 DWQ-Surface Water Pro ection Sincerely, • Douglas H. Troutman Thomas W Walton Rowan Associates & Mere P© Box 664 Morganton, NC 28680 SUBJECT: Dear Mr. Walton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 7, 2007 e Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile WWTP Permit Number: NC0061034 Case Number: LV-2007-0077 Rowan County This letter is to acknowledge receipt of check number 4224 in the amount of $331.50 received from you dated March 1, 2007. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes,. Regulations, or Permits. If you have any questions, please call Robert L Sledge at 50 Ext547. cc: DW Mooresville Regional 0 ce Supervisor Central Files ervice Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 BOO 623-774 NthCarslina atv r7iif SUNTRUST 300 North Green Street Morganton, NC 28655 4224 WEBB ROAD MARKET LLC P© Box 664 Morganton, NC 28680-0664 Pay to Order of Department of Environment and Natural Res Three Hundred Date 66-46 / 531 007 One and 50/100*****************+**********************************s***rr*************0.* Point Source Compliance/ Enforcement Unit. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 I►'000(. 2 24I1' 1:o 5 3 L©ot.6 51: L©0O©3 5 5 WEBB ROAD MARKET LLC Department of Environment and Naturai Res Penalty - Div. of Water Qualtiy per Letter dated 2/13/07 ease 2v. aeioT ©77 SUNTRUS'T- CHECKIN 3/ 1 /2007 II 4224 331.50 31.50 Michael F. E'sle lvilliarn 6, Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,EDirector C ision of Water Quality February 13, 2007 CERTIFIED MAIL RETURN RECEIPT REIr11.TESTED Ms. Donna Davis Greater Badin Water and Sewer Dist 1000 North First Street, Suite 20 Albemarle, North Carolina 28001 Dear Ms. Davis: 7006 2760 0001. 8493 6883 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. NC0074756 Greater Badin WWTP Stanly County Case No. LV-2007-0080 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,581.50 ($1,500.00 civil penalty + $81.50 enforcement costs) against the Greater Badin Water and Sewer District. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for October 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0074756. The violations are summarized in Attachment A to this letter. Based upon the above facts,l conclude as a matter of law that the Greater. Badin Water and Sewer District violated the terms, conditions, or requirements of NPDES Permit No. NC0074756 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Atta.chrnent 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, John Lesley, Acting Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty assessment against the Greater Badin Water and Sewer District: AVA NCDENR Mooresville Regional Office Internet vyww noNatRrqualit ,c V uthCarolina. Naturally Division ofrw 'titer Quality Phone 704-663-1699 C xston�er �rvi< 610 .East Center Ave, Suite 301 Mooresville, NC 28115 Far 704-663-6040 t-iii?-623-6748 An Equal OpportunityAtfirmative Actin Employer — 50% Recyc)ed 10% Post Consumer Paper 750.00 750.00 1,500.00 50 For 3 of the three (3) violation(s) o G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074756, by discharging waste into the waters of the State in violation of the permit weekly average effluent Iimit for ammonia -nitrogen. For 1 of the one (1) violation of G.S. 143- 2.15.1(a)(6) and NPDES Permit No. NC0074756, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia -nitrogen. 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 account the Findings of Fact and Conclusions of Law and the factors set firth at G.S. 143B- 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; The duration and gravity of the violations; The effect on ground or surface water quantity or quality tar 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 EnvEironnientai Management Commission has regulatory authority, and (8) The cost to the State of the enf'orcexner t procedures.. (4) (5") (6) (7) Within thirty days of receipt of this notice, you must do one Submit payment of the penalty: the folio ing: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver } orrn). 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 27699-1.617 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 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 subrnit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form. within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both„forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699.-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition firm 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 holiday's. The original and one (.1.) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the. Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel. Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case numb (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 lettei as evidenced 'by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney Generes 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, lithe violations are of a continuing nature,. not related to operation andlor maintenance problems and ou antici ate retnedial construction activities then you May wish to consider applying .for a Special Order byconsent, If you have anv questions about this. civil • enaltv assessment or a S eeial Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. Thhn Leslev Acting Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments CompliancelEnforcement File w/ attachments Central Files w/ attachments MA Limit Violations for 0u-0n11 001 NC00747565 ATTACHMENT A CASE NO. UV-2007-0080 Date Parameter Reported Value Oct. 8 -14, 2006 Oct. 15-21, 2006 Oct. 22-28.. 2006 Oct. 2006 Ammonia -nitrogen 4,77 mg/1* Ammonia -nitrogen 5.74 mg/1* Ammonia -nitrogen 4.95 ingl* Ammonia -nitrogen 4.55 mg/1* Denotes civil penalty assessment Permit Limit 3.6 Ingll (Weekl) average) 3.6 ing/1 (Weekly average) 3,6 mg/1 (Weekly average) 1.2 mg/1 (Monthly average) STATE OF NORTH CAROL NA. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COLNTY OF S'TANLY IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE GREATER BADIN WATER AND AND SEWER DISTRICT PERMIT NO, NC0074756 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE TO LV-2007-0080 Having been assessed civil penalties totaling S11581.50 for violation{s} as set forth in the assessment document of the Division of Water Quality dated February 1.3, 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 ADDRESS BY TELEPHONE J STIFICATION F R REMISSION REQUEST DWQ Case Number: LV-2007-0080 Assessed Party: The Greater Badin Water and Sewer District County: Stanly Permit Number: NC0074756 Amount Assessed: $1.581.50 Please use this form when requesting remission of this civil penalty. You must also complete the ".Request .For Remission, Illaiver of Right to an ,4dministrative Hearin,Q., 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 (attachadditional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S.1.43B-282,1(b) were wronglidly applied to the detriment of the petitioner Ohe assessment factors are listed in the civil penalty assessment document); (h) the .violato violation (i.e, explain the sieps that you took to correct the violation and prevent future occurrences); )mptly abated continuing environmental damage resulting from the (c) the violationwas inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare jor); (d) the violator had not been assessed civil penalties for any previous violations; (e) yrnentofjhecipenflyjvi1Jprevent payment for the ret remedial actions i.e„ explain how payment of the civil penalty will prevent you performing t activities necessary to achieve compliancej EXPLANATION: (use additional pages as necessary) Michael hael F. Easley, Governor William G_ Ross Jr., Secrelary Naarth Carolina Department of Env'ironntent and Natural Resources February 16., 2007 Mr. John H. Nash, Jr, Rowan Associates & Mercanti 905 Webb Road Salisbury, NC 28146 Subject: Retraction of Civil Penalty Assessment Rowan Associates & Mercantile, Inc. NPDES Permit NC0061.034 Case Number MV--2006-0019 Rowan County Dear Mr. Nash: Alan. W. Klimek, P,E. I)irect Division of \Water Quali, FEB On August 14, 2006, the subject facility was assessed a penalty in the amount of -$1, .).15 for violations of its NPDES permit monitoring requirements during the month of May 2006,. The assessment was based upon the review of the facility's discharge monitoring report (DMR) and was properly prepared based upon the DMR's content. However, subsequent to your receipt of the assessment, Mr. John Ritchie, the facility's Operator in Responsible Charge, submitted an am.en.ded DMR that included the values that were missing on the original submittal. A further review of the complete data shows no violations occurred at the facility during May 2006. Therefore, the Division of Water Quality has retracted this civil penalty and removed the record of the action from its enforcement database. You are encouraged to remain aware of the terms contained within the NPDES permit and to take special care in the completion of DMRs. Paying adequate attention to the details of both will lessen the chances of a similar situation occurring in the future. If you have any questions about this matter, please contact me at (919) '733-5083, extension 547. cc: Mooresville Regional Office NODES File Central Files Sincerely, oz4' Bob Sledge, Environmental Specialist Point Source Branch. y NoithCarr gthkera North (Carolina Division of Water Quality Internet www.ne w,teerqual Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Castumc S rvie Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 I-8'77 623.6748 An Equal ©pportunitylAff mauve Action Employer cycle 1O% Post Consumer Paper Michael F. Easley, Govern William G. Ross Jr., Sec North Carolina Department of Environment and Natural Resources Alan W. Klirnck, P.E. Director Division of Water Qu2ility August 14, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED John H. Nash, Jr. Rowan Associates & Mercantile, Inc. 905 Webb Road Salisbury, North Carolina 28416 Dear Mr. Nash: 7003 2260 0001 3494 6809 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. NC0061034 Rowan Associates & Mercantile, Inc. Rowan County Case No. MV-2006-0019 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $180.15 (8100.00 civil penalty + $80.15 enforcement costs) against Rowan Associates & Mercantile,. Inc.. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from May 2006. This review has shown the subject facility to be in violation of the monitoring requirements found in NPDES 'Permit No. NC0061034. The violations that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Rowan Associates & Mercantile, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0061034 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 offact 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 Rowan Associates & Mercantile, Inc.: A NR 'Carolina aurally Mooresville Regional Office Division of Water Quality 610 Fast Center Ave, Suite 301 Mooresville, NC 28115 Internet A),,)10,:e.„,w4,1„c.r.qilalliv,cirg, Phone 704-663-1699 Costumer Service Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 100.00 For 2 of the two (2) failures to monitor for total residual chlorine in violation of the terms of NPDES Permit No, NC0061034. 100.00 TOTAL CIVIL PENALTY 80,15 Enforcement costs. 180,15 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) The degree and extent ofharm 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. 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 waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the -five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be retnitted, 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: (I) (2) (3) (4) (5) 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; 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 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 preparea complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 276.99-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR, as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this ietter on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Ceder by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. D. Rex Glea"ia, f'.E Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA Parameter Total residual chlorine Total residual chlorine Date ATTACHMENT A CASE NO. MV-2006-0019 4/30/06 - 5/6/06 5/7/06 5/13/06 * Denotes civil penalty assessment Measuring Frequency 2x,AVeek 2x Week *Violation A sample was collected for total residual chlorine analysis on 5/1/06. No other sample for total residual chlorine analysis was collected during the week, A sample was collected for total residual chlorine analysis on 5/10/06. No other sample for total residual chlorine analysis was collected during the week. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROWAN IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTY AGAINST ) ROWAN ASSOCIATES & MERCANTILE ) PERMIT NO. NC006I034 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. MV-2006-0019 Having been assessed civil penalties totaling $180.15 for violation(s) as set forth in the assessment document of the Division of Water Quality dated .Aueust 14, 2006, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2006 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION RE QUEST BWQ Case Number: MV-2006-0019 Assessed Party: Rowan Associates & Mercantile, Inc.. County: Rowan Permit Number: NC0061.034 Amount Assessed: $1. 80.15 Please use this form when requesting remission of this civil penalty. You .must also complete the "Re uest for Remission Waiver ht 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. 1.43B-282.1 (b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) ayf_tbjiLp]Lay lIr entyrjitfortheremaininggty remedial actions .e., explain how payment of the civil penalty 411 prevent yot. om performing the activities necessary to achieve compliance ,) EXPLANATION: (use ,additional pages as necessary) Mr, orn Walt o n Rowan Associates Post Office Box 664 Morganton. North C:arolirrya 28680 .Dear Ta.l to n: antile January 4, 2007 Enr:losed is a copy of the Compliance f the subject facilityr on December 20, 2006, by Operator -in -Responsible Charge of our findings Although the operation of the treatment f; be sub. led to this Office by January ?5_ 2007 adds. Rate), Disinfectionf ablet, Dechlor'ina responding, please address your cormnents to the att Michael try ilh' un Ci. North Carolina I)epdrtrnent+sr'i nraru�nmem find Natural Res "clan ' [Klimek, P_E 'Director CDivrsaon of Water }u lits Notice of De' riienc' Compliance Evaluation Inspection Rogan Associates & Mercantile W NPI.)ES Permit No.. NCOO6 l 034 Kos' an County, N.C. inspection Report s Belt of this Office. P ardillg a copy of the. enclosed report. to him. P idable,. it is rc rTtlestt d that a `rent essin:g the discrepancies noted in the Sand Filters and Ffluent Pipe/Summary sections of the report. entiorrl of Ms. Marcia ,dt\IIocco, The report should be self-explanatory; however, should you have any quest please do not hesitate to contact .Mr. Bell or inc at (704) 663-1699. Enclosure cc: Rowan Cou WB Sincerely, tY) Michael 1:.,: Parker Acting Regional Supervisor Surface Water Protection Departmer llt ns concerning this report, Mooresville Regional Office Internet. };ww ncwaterqualitvc Division of Vv'r3 t ctalit} 6110'East (enter Ave Suite 301 Mooresville, NC 281 15 Phone 704-66 3-1.699 Customer Service Fax 704-663-6010 1-877-623.6748 An Equal OpporiunitylAffirmatiwe Action Employer -- 5©% Recycled/10% Posl Consum t Paper Other Facility Data ctior C' AreasEvaluatedEvafuated DurDuring Inspection (Check only those areas uated, Flow Measurement EPA Transaction Code 2 us 211 Inspection Work Days 671 1 .5 I 69 United States Enyttonmental Prctection Agercy Wa$hogten, 0 0 20460 ater Compliance Inspection Report ction A: National Data System Coding (i,e„ PCS) NPDES NC0061034 rrn Approved, OMB No 2040-0057 AppovaI expires 8-31-98 yr/m.01day Inspection Type Inspector 121 06 / 12/20 17 18L1 191 51 1_1 Remarks 1 1 J111111111 1 1 1 1111111111�' Fac Type 201 Facility Sett -Monitoring Evaluation Rating 61 701 4 711 N Section B, Facility Data QA Reserved 721 NI 74 75 Name and Location of Facility Inspected (For IndustrialUsers discharging to POTW, also nctucle POTW name and NPDES permit Number) :Rowan Asoociates & Mercantile WWTP .905 Webb Rd NCSR 1500 Salisbbry NC 201144 Entry TimeiDate 0 1 7. 7.2 Pm 06/12/20 live Date 05/05/01 Exit Time/Date 03:25 PN.! 00/12/20 it Expiration Dale 09/06/30 e(s) of Onsite Representative(s)/Titlests)/Phone and Fax Nurnberlst Bbddy 6ohnsoniManaget/704-a57-6666 Jahn. Walter Ritoble/ORC/004-63065306/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Thomas 11 Wal.t00,PC Box 664 Morganton NC 266001/8206437-8600/8284300915 No Per elf -Monitoring Program Sludge Handling Disposa Laboratory Section o Findin Co (Attach adthtion (See attachment summary) Name(s) and Signalure(s Wesley N a .re of Management Q Re e Marcia Alio= II Operations & Maintenance Records/Reports Facility Site Review IllEffluentiReceiving VVaters Agency/Office/Phone and Fax Numbers mRo WQ//7046663-1699 Ext,231/ Agency]OfficeiPhone and Fax Numbers mPo 1V/704-235-2204/ Dale EPA Form 3.5.60-3 (Rev 9-94) Previous editions are obsolete, Page # NPDES yrimolday 11 1217 NO00E1034 11 I.-) 6 /12 /20 1 Inspection Type (cont) SectionD: Summary of Finding/Comments (Attach a RECORD KEEPING SECTION cont'd: s of narratwe and cbekhts a iece ryl DMRs were reviewed for the period September 05 through August 06. Daily maximum effluent violations for ammonia (January 06)and fecal coliform (July 06) were reported. A monthly average effluent ammonia violation was also reported for July 06. The Division has separately addressed the above -noted violations by the issuances of either an NOV or NOV/civil penalty assessment. The facility did not adhered to the t0-day interval between the collection of the twice per month samples (BOD, TSS, ammonia, fecal coliform, etc ) for September 05, December 05, March 06, and April 06. The facility staff must ensure "No Flow" is reported on the appropriate weekdays with no flow to warrant no effluent temperature measurements, In addition, all Backup ORC visitations should be properly documented on future DMRs, Overall, the facility staff incorporate a commendable record keeping system. EFFLUENT PIPE SECTION cont'd: Excessive dechlorination can degrade the effluent quality (add BOD), Periodic cleaning or the installation of a filter mesh around the tablet sleeves should be initiated on the tablet dechlorinator, Note: If the dechlorinator is cleaned, then all residuals should be collected and properly disposed, Page # 2 Permit: NO0061034 Owner - Facility: Rowan Associates & Mercantile \ANVTP inspection Date: 1212012006 Inspection Type: Compliance Evaluation Permit (If the present permit' expires in 6, months or less). Has the permperrn ttee submttted a new .application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Record keepin Are records kept and maintained as required by the permit? Is all required information readily available, complete and current? Are all records maintained for 3 years (lab, reg. required 5 years)? Are analytical results consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the samp ng Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete.: do they include all permit parameters? Has the facility suhm tted its. annual compile ce report to users and DVVQ? (If the facility is -ar 6 MGD permitted flovv) Do they operate 24/7 with a certified operator on each shM? Is the ORC visitation log evadable 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 year's Annual Report an file for review? Comment; See "Summary" Section for additional comments. Laboratory Are field parameters performed by certified personnel or laboratory? Yes No NA NE 00110 15000 0 0 • 0 • DDC) ROOD Yes No NA NE • 00C) • 000 DOCI• iin00 • DOC) • • • • a minn0 0 0 • C) DOND • OC_10 mrin0 1•000 • DOCI OD•0 Yes No NA NE • 000 Page # Inspection Date: 1E12012006 Permit: N00061034 Owner - Facility: Rowan Associates M Inspection Type: C©mpfance Evaluation de' Laboratory Are all 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)? lncubatcr (Fecal Conform) set to 44,5 degrees Celsius+I- 0,2 degrees'? Incubator (BOD) set to 20.0 degrees Celsius *l4 1.0 degrees? Comment Currently all field and effluent analyses are being performed under the City of Salisbury's Grants Creek Regional TP commercial laboratory (#112): The ORC and staff must ensure the process control measurements (pH) are clearly identified on the field sheets, Yes No NA NE ■ ❑ 0 0 ■ D n n • p n D O D■D O D■D es NoNA ._. NE Effluent sampling YNE D 0 • 0 ■ ❑ D D • non DD■D ■ D D D Is the facility sampling performed as required by the permit (frequency, sampling type representative)? U D D D Comment: C) Yes Na NA NE eratians &Maintenance Is the plant generally clean with acceptable housekeeping? • n D 0 Does the facility analyze process control parameters, for ex. MLSS, I°a^4CRT „ Settleable Solids, pH, DO, Sludge D n ■ 0 Judge, and other that are applicable? Comment: The facility appeared to be properly operated and well maintained. The ORC and staff perform pH measurements (process control) to ensure adequate pH levels are being maintained. Sodium Bicarbonate is added to the influent wastestream on a periodic basis. Is composite sampling flow proportional? Is sample collected below at treatment units? Is proper volume collected? Is the tubing clean? is proper temperatu e set for sample storage (kept at 1,0 to 4.4 degrees Celsius)? Septic Tank (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped an a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? Comment: The septic tank is pumped twice per year (minimum). The septic tank was last pumped by Rowan Septic on 11 /9/06 Sand Filters (Low rate) Yes No NA NE ■ 0DD ■ D D ❑ ■ D O D ■ D 0 D Yes No NA NE Page # 4 Inspection Date: 12)20,2°06 inspection Type; Compliance Evaluation Permit: NC0061034 Owner - Faciiity: Rowan AssociWes & MercaniJle VAVIP Sand Fitters (Low rate) (If purnps are used) Is an audibleand visible alarm Present and opera Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re -circulated at a valid ratio'2 # 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: A four to six inch diarneter hole was observed in the berm of the sand filter. The facility staff must ensure no rooted vegetation and/or burrowing animals are within the berm of the filter bed. The grass clippings should also be removed from the filter bed to prevent parading problems, Note The hole was filled during the inspection. 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: The facility staff were storing the chlorine tablets inside the chlorinator/chlorine contact chamber vault. The metal cover was severely deteriorated due to this storage practice, The container should be removed and properly stored, Note: The chlorine container was removed during the inspectioft Yes No NA NE •000 f71 • D00 n n D • 0 0 .0 0 0. • 0 Yes No NA NE • D D 0 • 0 0 0 2 0 C_1 Eno n DODN De -chlorination Yes No NA NE Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Number of tubes in use? Comment The dechlar tablets were being stored in the dechlorination vault (tablet dechlonnator). The dechior container should be removed and properly stored Note: The container was removed during the inspection. Tablet BODO •000 Page # 5 Permit: NCON51034 Owner r Faciiity: Rowan Assogates & Mercantile ViAVTP naPectibn Date: 1212012006 inspection Type: Comphance Evaluation Flow Measurement - Effluent # is new meter used for reporting? No NA NE 00 ri is flow meter candratect annually? n n 0 Is the flow meter operational? 00N0 (If. Units are separated) Does the chart recorder IT the flow meter? 0 0 0 Comment: The Mstantaneous effluent flows are measured by the bucket and stop watcii method, Effluent Plpe Yes No NANE Is right of way to the autfall properly maintained? 0 0 0 Are the receiving water free of foam rather than trace amounts and other debns? It effluent (diffuser pipes are required) are they operating properly? Comment: The effluent was dear with no floatable solids or foam; however, a light flint of the dechior substance was observed, See "Summary" Section for additional comments, 0 0 0 0 0 0 Page # 11 Thomas W. Walton Rowan Associates & Me PO Box 664 Morganton, NC 28680 SUBJECT: Dear Mr, Walton: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Aian W. Klimek, RE. Director Divisuon of Water 'Qt ality December 8, 2006 ,antile Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile WWTP Permit Number: NC0061034 Case Number: LV-2006-0448 Rowan County This letter is to acknowledge receipt of check number 41.55 in the amount of $430.15 received from you dated December 4, 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 ca11 Robert L Sledge at 919-733-5083 Pxt.547. Sincerely, CC: 1617 fvlart Servroe Center Raleigh, NC 7699-1617 (919) 7 7 Customer Service 1 600 623-7748 Nne orthCarolirta Ntrturallf L,. P1 Box 884 l r aloft, NC 2888 -066 Paint Source Compliance/ Enforcement Unit DIVIS1011. of Water Quality 1617 Mall Service Center Raleigh, NC 276g1 1 SUNTRUST North Grroon Street ntan, ANC 25 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John H. Nash, Jr. Rowan Associates & Mercantile, Inc. 905 Webb Road Salisbury, North Carolina 28146 SUBJECT: Dear Mr, Nash: Michael F. Easley, Gove Witham G. Ross Jr., Secretary North CaCarolina ironment and Natural Resources Alan A', Klimek, P.E. Director Division of Water Quality November 15, 2006 7003 2260 0001 3494 8872 Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0061034 Rowan Associates & Mercantile WWTP Rowan County Case No. LV-2006-0448 This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $430.15 ($350 civil penalty + $80.15 enforcement costs) against Rowan Associates & Mercantile, Inc.. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data from July 2006. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No, NC0061034. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Rowan Associates & Mercantile, Inc. violated the terms, conditions, or requirements of NPDES Permit No. NC0061034 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, Michael L. Parker, Acting Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Rowan Associates & Mercantile, inc: Nsoli Carol i na Aid:trolly Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: V4AV cyate or g 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663.6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 100.00 250.00 350.00 80.15 430.15 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No, NC0061034, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for fecal coliform. For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Perrnit No. NC0061034, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia -nitrogen. 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. 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 o 'Environment and Natural Resources (do not include waiver )orm). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina. 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted., and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition. form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filedwhen 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. Facsim.ile: (919) '733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to o eration anctior maintenance problems and you anticipate remedial construction activities then Consent. Ifyou have any guestions, 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. (et Michael L. Parker Surface Water Protection Acting Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments MA ATTACHMENT A CASE NO. LV-2006-0448 Outfall Parameter Reported Value Permit Limit 001 Fecal coliform 5,800/100 m1 (Daily maximum)' 400/100 ml (Daily maximum) 001 Ammonia -nitrogen 12.45 mg/1 (Monthly average)* 6.7 mg/1 (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF ROWAN IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTY AGAINST ROWAN ASSOC. & MERCANTILE, INC.) PERMIT NO. NC0061034 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV-2006-0448 Having been assessed civil penalties totaling $430.15 for violation(s) as set forth in the assessment docurnent of the Division of Water Quality dated November 15, 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 BY ADDRESS 2006 TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2006-0448 Assessed Party: Rowan Associates & Mercantile, Inc. County: Rowan. Permit Number: NC0061034 Amount Assessed: $430.15 Please use this form when requesting remission ofthis civil penalty. You .must also compete th.e "Re test For Remission Waiver o • Ri• ht to an Administrative Ilearing and Sti ulation '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 civ•il 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 mo•re of the civil penalt: assessmen.t factors in N.C.G.S. 143B7282.1(b) were WrOn • 1 thedtothJfljmfltofLptitioner (the assessmentfaczors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences): (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain how payment of the civil penalty will prevent youfroin performing the activities necessary to achieve compliance,). EXPLANATION: (use additional pages as necessary) CERTIFIED, MAIL RETURN RECEIPT REQUESTED Mr. John H. Nash Jr, Rowan Associates & M 905 Webb Road. Salisbury, North Carolina 28146 Dear Mr. Nash: antile, Inc. Subject: Michael F, Easley, Gov. William 0. Ros North Carolina Department of Environment and Natural March 30, 2006 7003 2260 0001 3493 8750 ourCeS Alan W`_ K'linre , P,E, Director Division of Water Quality Notice of Violation = Effluent Limitations Tracking #: N©V-2006-LV-0129 Rowan Associates & Mercantile WWTP NPDES Permit No. NC0061034 Rowan County A review of the January 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Litrti 001 ammonia as nitrogen 45,1 mgll (daily maximum) 35,01ngfl (daily maximum) 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 Mr, John Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. I..esley or me at 704/663-1699. D. Rex Gleason, P,E. Surface Water Protection Regional Supervisor cc: Point Source Branch Rowan County Health Dept. JL Mooresville Regional Office Internet: wtv_N n4�5�yler4jio11q[;r�, Division of Water Quality 6,10 East Center Ave, Suite 301 Mooresville, NC 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1.877-623.6748 An Equal Opportunity/Affirmative Action Employer— 50% Recyded,fl0% Post Consumer Paper NCDENR North Carolina Department of Environment and Naturaf Resources Division of Water Quality Michael F. Easley, Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Tom W. Walton Rowan Associates and Mercantile P.O. Box 664 Morganton, NC 28680 Subject: Dear Mr, Walton: September 20, 2005 7003 2260 0001 3492 6863 William G. Ross, Jr„, Secretary Alan W, Klimek, RE, Director Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0458 Rowan Associates & Mercantile WWTP NPDES Permit No. NC0061034 Rowan County, NC A review of the May 2005 self -monitoring report for the subject facility revealed violations of the following parameter: PIN Parameter 001. Ammonia Nitrogen Reported Value Limit 7.2 mg/L 6.7 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 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, 0, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 610 East Center Avenue, Sue 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-86343040 / Internet h2o,enutate.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One Carolina lireff Thomas W Walton Rowan Assoc & Mercantile Ctr PO Box 664 Morganton, NC 28680 SUBJECT: Dear Mr, Walton: Michael F. Easley, Governor William G. Ross Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E, Director Division of Water Quality August 9, 2005 Payment Acknowledgment Civil Penalty Assessment Rowan Assoc & Mercantile Ctr Permit Number: NC0061034 Case Number: LV-2005-0252 Rowan County ENATT OF LAANTIONISLN.L.„ AND NATURAL RESOURCES s, EST 'ESTRUS SZE31ALoFRcs I‘TE .AUG 1 0 200 TYSE This letter is to acknowledge receipt of check number 1.825 in the amount of $335.04 received from you dated August 3, .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 questior ase call. Robert L Sledge at 919-733-5083 'Ext.547. Sincerely, Frances Candelaria cc: Enforcement File #: LV-2005-0252 DWQ Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-774B N&thCarohna aturah/ji WEBB ROAD FLEA MARKET PCB Box 864 Morganton, NC 28680-0864 PAY TO THEN, C. Dept. of Environment & Natural Reso ORDER OF !A:CUj I', 3 BoRDEF, CENTRAL CAROLINA BANK 300 North Green Street Morganton, NC 26655 66-46 / 531 1e25 DATE 8/3/2005 35 Three Hundred Thirty ,r Five and 04/100********************s*********0******** *********************************** .nQttAR'S MEMO Point Source Branch Division of Water Qualtiy 1617 Mail Service Center Raleigh, NC 27699- 1 617 dr'©oa 18 250 I:05 3 10©4651: 14 10'4 15640 a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor July 28, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Tom W. Walton Rowan Associates and Mercantile P.O. Box 664 Morganton, NC 28680 Dear Mr. Walton: 7003 2260 0001 3492 6276 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofNC. General, Statute 143-215.1(a)(6) and NPDES Permit No. NC0061034 Rowan Associates & Mercantile Case No. LV-2005-0252 Rowan County, NC This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.04 ($250.00 civil penalty + $85.04 enforcement costs) against Rowan Associates & Mercantile. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report (DMR) submitted by Rowan Associates & Mercantile for the month of April 2005. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0061034. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Rowan Associates & Mercantile violated the terms, conditions or requirements ofNF'DES Permit No. NC0061034 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Rowan Associates & Mercantile: Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 I Fax: 704-663-6040 / Internet: h2o,enrstate.nc.us An Equal Opportunity/Affirmative Action Employer - 50% Recyclect/10% Post Consumer Paper on orthCarolina /741 250.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0061034, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for Ammonia Nitrogen. 250.00 85.04 335.04 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. 1.43B- 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 gound or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed. willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: L 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 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 ofthe 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 re.mission request will be approved, the following factors shall be considered: 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; 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 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, d.irections for payment, and provision for f.i.trther 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 ofthis 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 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 0 hce 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 A ° rative 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: 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 alter the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems and you anticipate remedial construction activities., then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special. Order by Consent, please contact the Surface Water Protection Section staff of the Mooresville Regional Office at 704/663-1699. /4- D. Rex GIson, P.E. Surface Water Protection Regional Supervisor Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Surface Water Protection Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments i t 6. 7 Units t Violations, April 2005 Parameter Ammonia Nitrogen Attacluneat Rowan Associates & Mercantile fP `:IDS Permit No., NC0061034 Case NumberLV-2005-0252 Monthly Average tmit Viola i Reported Value denotes assess ent►f .iil penalty, STATE OF NORTH CAROLINA COUNTY OF Ro IN THE MATTER OF ASSESSMENT CIVIL PENALTIES AGAINST Rowan Associates & Mercantile PERMIT NO. NC0061034 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGFIT TO AN AMEN' STRATI V E HEARING AND STIPULATION OF FACTS FILE NO. LV-2005-0252 Having been assessed civil penalties totaling $335.04 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 28, 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 , 2005 ADDRESS BY TELEPHONE J STIFICATION FOR RE DWQ Case Number: Assessed Party: Permit No. (if applicable): County: Amount Assessed: SS ON REQUEST LV-2005-0252 Rowan Associates & Mercantile NC0061034 Rowan $335.04 Please use this form when requesting remission of this civil penalty. You must also complete the Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil enalt assessment factors in N.C.G.S. 143B-282.1(hi were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (Le, explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties frany jrevious violations; (e) payment of thQcivil penalty will prevent paymentjior_thejmairipg necessary remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: EF FTEtio T . "DES NO. NC0061O34 DISCHARGE Nth 001 /7 MONTH: April hAC'il IT")' NAME: Rowan Associates & Mercantile, 'Inc. ',,%- CLASS.. I COI .Tl'. RosVI TOR IN RESPONSIBLE CHARGE (ORC): John W. Ritchie GRADE: I PHONE 704,6.30_0I00 CER11FIED LABORATORIES (I) Grant's Creek ReC'ional WTI' Lahpntari (2) Environment 1 CHECK BOX IF ORC HAS CHANGED (3) (4) Iasi ORIGINAL and ONE COPY to: PERSON(Sl COLLECTING SAMPLES: Joan RItchie. Do al t =: "'& nlvltzel7¢al:. F'+iTR.ALFILES 7I' ISf('3 d Of \\ ATF.R QUALITY�� '' 3S'1�'FIA4tq - )ENR l}R OF OPERATOR, IN RESPONSIBLE CHARGE) DATE 1�1V \1.JLSt VICE CENTER BY TINS SIGNATURE, 1 CERTIFY' THE#TTIIIN REPORT IS ACCURATE TE AND COMPLETE T7 THE BEST" OV MI' KNOWLEDGE_ EFtFL1TN`8'i°AEI; 2 24 30 140 C)( 00400 jEFF INF 5 Y 0 02 6® 53 42.6 4.04 b(G) 6 5131,/2005 1 6.0 24.5 0.02 , 6.60.tl'. 3. ti 2.0 42 d 4.04. 0 0.0 .��. 20 2. :404 44:29:7 2 .92 „µ 4) G RowanAssociatesOMP, April 2005RAM EFF Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit require-ments All monitoring data and sampling frequencies do NOT meet permit requirements Noncompliant If the facility is noncompliant, please comment on corrective acuons being taken in respect to equipment, operation, maintenanceetc,. 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 infomiation 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 infomiarion, including the possibility of fines and imprisonment for knowing violations." 905 Webb Road, Salisbury, N.C. 28146 Permittee Address alton Perrnittee (Please c ** quired) 704-857-6660 Phone Number 00010 Temperature 00076 Turbidity 00080 Color (Pt -Co) 00625 Total Kjeldhal Nitrogen 0063.0 Nitrates/Nitrites 00300 Dissolved Oxygen 00310 BOD 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 00600 00610 01027 01032 01 034 00665 00720 00745 00927 00929 00940 Oil & Grease Total Nitrogen Ammonia Nitrogen Cadmium Hexavalent Chromium Chromium Total Phosphorus Cyanide Total Sulfide Total Magnesium Total Sodium Total Chloride PARAMETER CODES 00951 Total Fluoride 01002 Total Arsenic 01092 Zinc 01105 Aluminum 01147 Total Selenium 31616 Fecal Coliform 32730 Total Phenolics 01037 Total Cobalt 01042 Copper 01045 Iron 01051 Lead 01062 Molybdenum 01067 01077 00082 00095 71880 71900 81551 34235 34481 38260 39516 50050 Nickel Silver Color (ADMI) Conductivity Formaldehyde Mercury Xylene Benzene Toluene MBAS PCBs Flow Pe 'Date 30, 2009 it Exp, Date 50060 Total Residual Chlorine Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at (919) 733-5082 or by visiting the Water Quality Section's web site at h_20,enr.state.nc.us/wqs and linking to the Units information pages. Use only units designated in the reporting facility's permit for reporting data. *ORC must visit facility and document visitation of facility required per 15A NCAC 8G .0204 ** If signed by other than the penmttee, delegation of signatory authority must be on file with the state per 15A NCAC 2B .0506 (b) (2) (ID). A. .} EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Perrnittee is authorized to discharge from outfall 001, Such discharges shall be limited and monitored by the Perrnittee as specified below: EFFLUENT CHARACTERISTICS N - October 31) NH3 as N November 1 - Ma Fecal Coliform eometric mea Oil and Grease Total Residual Chorine Temperature Total Nitrogen N+NO3+Tff N) Total Phosphorus F©©Tl f iTES: TS I IC3NITQRING REQUIREMENTS plo tllly Daily l'i eaaumment f ample Type Average MaximumFrei uency ntluent or E Efilu Effluent 6.7 mglt 33. mgll 2/fvtonth Grab Effluent 30,0 mg/t, 3&0 mgdl Jf loath ' Grab Effluent 200 / 10t1 rn1 4f9©/ 100 ml ?rftitlartth Grab Effluent a. rn L tl. rag/L 2rt' onth Grab Etfluen g/I 2ieek Grab Efflue Daily Grab Effluent Quarterly - Gab Effluen uarlerly Grab Effluent 6.0 - 9,0 standard units nth Grab Effluent 1.. Limit takes effect. October t , 2004. Until limit takes effect, the permittee shal TRC (with no effluent limitl. There shall be no discharge of floating solids or visit) 0 or ©arr in other than trace amounts. Tom Walton. Rowan Associates & .Mercantile NPDES 4 NC0061034 Post Office Box 664 Morganton, N.C. 28680 August 1, 2005. NCDWQ Mooresville Regional Office, 610 East Center Avenue Suite 301 Mooresville, N.C. 28115 Attn: Richard Bridgman Dear Mr. Bridgman: -7Y , *IOWA. f!-;..0t,;JRCES OFFICR 4") The appropriate chlorine tablets suitable for wastewater use have been procured and are currently in use at the facility. Spare tablets have been positioned on site so that the ORC and staff have access to them at all times in order to ensure that the facility is properly treating the wastewater, All observed vegetation on or near the sand filters has been removed. The facility staff will ensure that this condition is maintained in order to assure proper filter bed operation. The general contracting firrn of Si. Wilson was contracted to effect repairs to the wet well pumps and the electrical panel. We were unaware that the visual and audible alarms were inoperable. The S.L. Wilson firm is currently being contacted to rectify this oversight, This problem will be alleviatedas soon as possible. The valves from the sand filters are set so that the maximum amount of flow is returned to the wet well for recirculation. This has been verified by visual inspection of the observed flows, All suggestions in the record keeping section have been addressed. The updated DMR forms will be in use for the June 2005 DMR. If you have any other questions or 1 may be of further assistance in any way, please feel free to contact inc at the above listed address. We are always happy to assist NCDWQ in. any way possible, Tom Walton, Pennittee re of Signatory Deleu e William C,, Ross .1r , Secretary North Cato.luta C)epartmcnt of Environment and Natural Resources Alan W 'Klrra ck P E., Discolor Dit,a!srav of CWeter Quality July 12, 25 Mr. To Walton Rowan Associates Merr Post Office Box 664 Morganton, North Carolina Subject: Notice of Deficiency Compliance Evaluation Inspection Rowan. Associates & Mercantile WWTP NPDES Permit No. NC0061034 Rowan County, N.C. Dear Mr. Walton: Enclosed is a copy ofthe Compliance Evaluation Inspection Report for the inspection subject facility on July 8, 2005, by Mr, Wes Bell of this Office. Please inform the facility's Responsible Charge of our findings by forwarding a copy of the enclosed report to him. at the for -in - It is requested that a written response be submitted to this Office by August 2. 2005 addressing the deficiencies noted in the Sand Filters (Low Rate) and Disinfection/Tablet section ofthe report. In responding, please address your comments to the attention of Mr. Richard Bridgernan. The report should be self-explanatory; however, should you have any questions cc nc please do not hesitate to contact Mr. Bell or me at (704) 663-1699. Sincerely, D. Rex Gleason, Surface Water Protection Regional Supervisor Enclosure cc: Rowan County Health Dep tS NCDENR N. C Division of Water Qualsry, Mooresville Regional Office, 610 'Cast Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Scr ce 1.877-623-6748 EPA Transaction Code Li 2 LJ 211 1 United States Environmental Protection Agency Washington, D,C. 20460 Water,Compliance Inspection Report Section A: National Data System Coding (i.e., PCS) NPDES 111 12l yrRnolday 17 Remarks 11.1 1II1.,11.1 Inspection Work Days Facility Sett -Monitoring Evaluation Rating 7 L 1,5 169 70 lJ on S: FD Inspection Type 16 W QA 72 Li 174 Name and Location of Facility Inspected (For` tnd rstriaN Users discharging to POTW, also include POTW name and NPDES permit Number) Assoc 4 Mercansiie Ctr %: Rd NCSR 1500 i,TC 2 814 4 Names) of Onsite Representative(s)/Titles(s)Pf ne and Fax Number(s) arrai/704-638 704-638-5:476/ Name, Address of Responsible OfticiaifTltle/Phone and Fax Number .Thomas W Wali:on, 0 14o' 664 More r. Contact Tno F?Il .GO NC` igm�6"Gnl id6�5-43"�-a77L.:aR �4.: sr ©,y,c No Entry Time/Date Inspects 19 11:10 AM 05/07/0 Other Facility Data ection C: Areas Evaluated Durin Inspection (Check an those areas evaluated) . Perrttirt Self -Monitoring Program Laboratory ion D: Su II Flow Measurement Operations & Maintenan II Sludge Handling Disposal $ Facility Site Review l ecor lst tepor s Effluent/Receiving Wate Findia /Comments (Attach additional sheets of narrative an checklists a (See attachment summary) ame(s) and Slr natures) of Inspector Agency/Office/Phone an Fax Numbers Date MRO WV 7 4.,.6f _ 1699 Ext;2 i, 77/A /ob- Signature of Management Q A Reviewer Agency/Office!Phone anti Fax Numbers Date 704-5E3 1699 zaxtu,26 EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Permit (If the present permit expires in 6 months Or less). Has the l:rermittee submitted a new application? Is the facility as described in the permit? Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment Qrrerati rt r3 MaintenaniF YasS No NA. NF 0 0 ■ ■ 0 0 0 00■0 ■ 0 0 0 • 0 0 0 Y¢S No NA NF, Is the plant generally clean with acceptable housekeepir tg? 0 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, 0 0 II 0 and other that are applicable? Comment: Overall, the facility appeared to be properly operated and watt maintained. f)isinferJinct-Tahlet 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 tree of growth, or sludge buildup? Yes No NANF 110 0 0 O ■ 0 0 2 ■ 0 0 0 • 0 0 0 Is there chlorine residual prior to de-eh/Deana/ion? 0 0 0 • Comment: Unapproved chlorine tablets (pool) were being utilized for disinfection, In addition„ the ORC and staff do not have access to the storage area for the Chlorination and dechlorination tablets, The operators must have access to the tablets to ensure the facility is adequately treating the wastewater according to permit requirements. De -chlorination Ye No. NA NF Type of system ? Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate tor cylinders? Is de -chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de -chlorinators operational? Nurnber of tubes in use? Is the feed ratio proportional to chlorine appropriate? (Approximately ratio 1 t1) Comment: The chlorination and dechlorination containers (plastic) are stored together. 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 property? Comment ,'Sand Filtr= (L ow_rate) of pumps are used) Is an audible and visible alarni 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 v 1s the sand filter effluent re -circus xc wive vegetation? wand ratio? iApproximafetV 3 to 1) Tablet ■ O 0 0 0 0 a 0 0 ■ 0 0 ■ 0 0 0 ▪ 0 0 0 2 11000 Ye5 No NfA NF 00E0 ■ 0 0 0 O 0110 O 0 11 0 Yes No NA ,N(=_ O t00 ■ ©0 0 ■ 0 0 0 0? • 0 0 0 11000 O 0 ■ 0 Sand Filters (L ow rye) Comment; The facility staff must ensure all observed vegetation (approaching excessive) is removed to ensure proper filter bed operation, The audible alarm was riot hooked up and the visual alarm was not operational. The facility staff should ensure that all diverted flow is appropriately returned to the wet well for recirculation, troratory Are field parameters performed by cpersonnel or laboratory=? Are all other par'ameters(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,C) to 4.4 degrees Celsius)? Incubator (Fecal Colitorm) set to 44,5 degrees Celsius+/- 0,2 degrees? incubator (BOD) set to 20,0 degrees Celsius tf- 1,0 degrees? Comment: All field analyses are performed under the Salisbury Grants Creek Regional iTP certified laboratory (#112). All laboratory equipment utilized for field analysis appeared to be pro rill maintained and calibrated, Flow Measiitemera F Ffflu,enl Yns Nra NA NF is flow meter used for reporting'? 0 0 ■ 0 Is flow meter calibrated annually? 0 © • 0 is the flow meter operational? 0 0 ■ 0 (If units are separated) Does the chart recorder match the flow meter? 0 0 ■ 0 Comment: Instantaneous effluent flows are measured by the bucket and stop watch method, Record 1CQeninq, YPS No NA NF Are records kept and maintained as required by the permit? • 0 0 0 lr al$ required information readily available, complete and current? • 0 0 0 Are all records maintained for 3 years (tab. reg. required 5 years)? 0 0 0 • Are analytical results consistent with data reported on DMRs? • 0 0 0 is the charnwofmcestady complete? ■ '0 0 0 Yes No NA NF Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete, do they include all permit parameters? Has the facility submitted its annual con -Thence report to users and DWO? (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 fact Is the backup operator certified a1 one grade 'less or greater than the facrhty' clan icatIan? Is a copy of the current NPDES permit available an site? Facility has copy of previous year's Annual Report on file for revie�rr? Comment: DMRs were reviewed from March 04 through April 05, Daily maximum and monthly average effluent ammonia violations were reported in 10/04 and 4/05, See "summary" Section for additional comments, Fffiuent Samolinu is composite sampling fiow proponionat? is sample collected below all treatment units Is proper volume eotlected? Is the tubing clean? Is proper temperature set for sample storage (kep is the facility sampling performed as required by the permit (frequency, sampling type representative)? 4 4 degrees Celsius '014 Jyr7 Np, NF ■ 0 0 0 ■ 0 0 0 ■ 0 0 0 O 0 ■ 0 O 0■0 O D ■ 0 ■ ■ ■ ■ ■ ■ ■ 000 0 ©0 ■ 0 0 ■ 0 ■000 ■ ©0 0 ■ 0 0 0 ■ 0 0 0 O 0 D ■ Yes No NA NF O 0■0 ■ 0 0 0 ■ 0 D 0 O 0 ■ 0 O 0 ■ 0 11 0 0 D Fifil lent Sarnolin COMMent Ffflnpn Plop ls rrght of way to the Dutra properly manna mod? Are the roc endng Water free of foam other than trace amounts and other tinbris? if effluent (diffuser pees are required) are they operating propeny? Comment The tint ep red : -,:r with no floatable solids or foam. k'YeFtitvfPst,xnr,,'',rwtMu%;4'*u,;oT'tzeA, Ynyn No NA NR. Yen NnN NF 0 0 0 0 0 0 0 0 0 NPDES NCONaltatat /day+ n Type ont , Section D: Summary bf Finding/Comm t L KEEPING SECTION The Division has a a^ev ent TEC°° L"a..... ec'tion of The maskcolderf: ure czar, °fie i i7ir= sta rr,riy an .yid Ise ly address; essed by e nt (Attach additional she 9 air zlataa Nance a NOV er merla Aar the ae x d ar-e ay crated cemNeude eddel calculated plo c ative and checklists a d cume North Carolina , Easiey, CERTIFIED MAIL RETURN RECEIPT REQUESTER Mr. Tom W. Walton Rowan Associates and Mercantile P.O. Box 664 Morganton, NC 28680 Dear Mr. Walton: NCDENR Went of Environment and Natural Resources Division of Water Quality William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 26, 2005 7003 2260 0001 355.. 8128 Subject: Notice of Violation - Effluent Limitations Tracking #: NOV-2005-LV-0056 Rowan Associates & Mercantile WWTP NPDES Permit No. NC0061034 Rowan County, NC A review of the October 2004 self -monitoring report for the subject facility reveals violations of the following parameter: Pie Parameter 001. Ammonia Nitrogen 001 Ammonia Nitrogen 001 Ammonia Nitrogen Reported Value 34.4 mg/L 57.5 mg/L 36.0 mg/L L 33.5 mg/L FIN 33.5 mg/L FIN 6.7 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 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 ci tacernir g this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. cc: Point. Source Branch RMB Mooresville Regional Office 610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115 Phone: 704-663-1699 / Fax: 704-663-6040 ! Internet: h2oenr,state.nc.us Sin rely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper One No Carolina Wa'ly Water Pollution Control System Designation Form wPcsoCC NCAC 15A:08G .0201 General Inforrxration: Peztaittee Owner/Officer Narne: Mailing Address: 9Q.5"1/ City: Sit I,S6 u v Telephone Number: ( 04 ) Signat Facility Information: Facility: Pet Number: t/C,.Q State: Zip: 2?/4-% Date: ■**4rer*wa*****s8*r r atit*Wrr******4********0rw*s111er*e County: +fiocA) ant '. SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM Ntark (X) Type of Facility Class (1 - 4) Class Wastewater Plant )( J Spray Irrigation N/A Physical/Chernical Land Application N/A Collection System Subsurface N/A r•s1.U•144444 4•4144r■rrrarY•U4444*■•U444••4r44■a11rrre.•a•a■*4•4444rrrr44U4a Operator in Responsible Charge: Print Name: U,o hn ' Certificate Type and Grade: Work Telephone: (704 376 Social Security 37-4/-. riv, Signature; Certificate #: 9 rIrw*wsrrrrr4*ssure**** ***** *****8srli■z,A*1rar*r**** *****a********1*4*l********e Back -Up Operator in Responsible Charge: Print Name: f oL&49a5 gowasc Trou+rnan Certificate Type and Grade: W W.4 Social Security # : 245- 42 4 Work Telephone: (704 ) 3 7-53 76 Signature: Mail or Fax to: wPcsacc 1618 Mai Service Center Raleigh, N.C. 27699-1618 Fax: 919/733-1338 Water Pollution Control System Designation Form WPCSOCC NCAC 15A:08G .0201 General Info ati n: Perrnittee Owner/Officer Name Jj/ Mailing Address: 90c We/,RI. City: ca. Telephone Number: Signature: 00000 WTI In ROO: Sta Zip: uc DEM Cg" AATURAL VX,IRESVILLf:'. Date: 0 0 0 0 0 0 0 al 0 U 8 a 0 0 0 0 0 0 0 0 0 01 111 0 0 80 0 00 0 0 0 0 0 0 0 0 0 0 0 * n la 0 0 it 0 Et • 0 0 it Facility Information: Facility: ROtda fiSSO C—/eb 4v)e_reetn Permit Number: NtOOLpiO3 4 County: alti9 ) an SUBMIT A SEPARATE FORM FOR EACH TYPE OF SYSTEM ! Iviark (X) Type of Facility Class (1-4) Wastewater Plant Physical/Chemical Collection System ...K._ I Class Spray Irrigation N/A Land Application N/A Subsurface N/A 100001010112 012000,00000010 00 0/300 000 ilttlit MO an 0001010000011100000000001001111000101110100000.111E Operator in Responsible Charge: Print Name: e„ Social Security # Certificate Type and Grade: _VVW Work Telephone: ( 704- ) 631- 53 76 Signature: Certificate #: /09 59 000 ROO 0 It 8808.11000111 001088 a 00.0111 800.0010011111000101108 0 0 0 00 00000 011.000 0010000 010.100000, Back -Up Operator in Responsible Charge: Print Name: k- Certificate Type and Grade: Work Telephone: ("/()L1 ) k Social Security 4 : Q. 'q - .3 Signature: Mail or F WPCSOCC 1618 Mail Service Center Raleigh, N.C. 27699-1618 Fax 919/733.1338 Certificate 4: 004 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department ot Environment and Natural Resources Alan W. Klimek, PE,, Director Division of Water Quality April 14, 2004 Mr. Torn W„ Walton Rowan Associates & Mercantile P.O. Box 664 Morganton, North Carolina 28680 Subject Draft NPIDES Permit Permit NC9061034 Rowan .Associates & Mercantile Rowan County Dear Mr, Walton: Enclosed with this letter is a copy of the draft perrnit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements d exit -Rams. The drat permit contains the following significant changes from your currentpermit: A total residual chlorine (TRC) limit has been added to this pertuit See the attached TRC policy memo for details, Based on adverse comments from the EPA, the Division of -Water (utility was required to implement daily maximum NI-13-N (ammonia) Innits, as requited by the Code of Federal Regulations, This implementation policy was adopted October 15, 2001 The daily ma.ximurnis five times the monthly average value (this multiplier was established based on a review of treatment capability at various municipal plants). Daily maximums are capped at 35 mg/I. This permit includes both monthly average and daily maximum limits for NI-13-N, Submit any coon:rictus to me no later than thirty days following your receipt of the draft, Comments should be sent to the address listed at the bottom of this page. If no adverse comments are received from the public or from you, this permit will likely be issued in june with an effective date of July 1, 2004. If you have any questions or comments concernlflg tios draft permit, contact me at the telephone number listed below. Sinc e rely, Dawn, _le ... NPDFS Unit cc: NFDES Unit Mooresville Regiona e tilate Antlio7 Section IOCDEPT, OF ENVIRONMENT AND NATURAL RESOURCES IOORESV1LL L OFFICE APR 1 9 2004 North Carolina Division of Water Quality I,617 Mail Service Center Raleigh, North Carolina 27699-1617 (9t9) 733 5083, Ext,595 FAX (919) 733 0719 On the toternet at http://h2omnr state nc us/ Permit NC006 1 034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended„ Rowan Associates & Mercantile' is hereby authorized to discharge wastewater from a facility located at Rowan Associates & Mercantile 905 Webb .Road Salisbury Rowan County to receiving waters designated as an unnamed tributary to Town Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 111 and TV hereof. This permit shall become effective This permit and authorization to discharge shallexpire at midnight on June 30, 2009. Signed this day DRAFT Alan W. Klimek, RE., Director Division of Water Quality By Authority of the Environmental Management COME'lliSSiOn Permit. NC00610`,34 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDE''„S Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing, this number is no longer effective. Therefore, the exclusive authority to operate and discharge lrotn this facility arises under the permit conditions, requirements, terrus„ and provisions included herein,. Rowan Associates & Mercantile is hereby authorized to: . Continue to operate an existing 0.0062 MGD wastewater treatment facility with the following components: • Dual septic tanks • Subsurface sand. filter • Chlorine contact chamber with tabiet c )rination • Dechlorination • Step aeration This facility is located at 905 Webb Road at the Rowan Associates & Mercantile WWII) near Salisbury in Rowan County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Town Creek, classified C waters in the Yadkin -Pee Dee River Basin. CHAE Poi T Latitude: 3535' 45 Longitude: 80' 32'052 USGS Quad #: 1716S River Basin #: 03-07-04 Receiving Stream: UT to To n Creek Stream Class: C Rowan Associates & M cruintile NC0061034 Rowan County Permit. NC006 1 034 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001, Such discharges shall be limited and monitored by the Permittee as specified. below: EFFLUENT LIMITS CHARACTERISTICS Flow BOD, 5-day (20°C) Total Suspended Residue NH3 as N (April 1 - October 31) NH3 as N (November 1 - March 31 Fecal Coliform (geometric mean) Oil and Grease Total Residual Chlorine Temperature (T) Total Nitrogen _AN02+NO3-1-TKN) Total Phosphorus pH easiremeni Frequency eekly 45.0 mali 2/Month 45.0 mglL 0 0062 MGD 30 0 mg& 6.7 mg/L 30,0 mg/l. 200 / 100 ml 30 0 mgit 6 0 - 9 0 standard units MONITORING REQUIREMENTS nstantaneous 2/Month le Location Effluen n Effluent Eft uent Etfluen Effluent Effluent Daily Grab Effluent Quarterly Grab Effluent Quarteriy Grab Effluent nth Grab Effluent There shall be no discharge of floating solids or visible loam in other than trace amounts. TO: Alia4 FICOM-171 NPDES Unit Staff FROM: David A. Goodrich cie:1 NPDES Unit Supervisor Michael F Easley Governor William G. Ross, Jr„ Secretary Nonh Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality une 19, 2003 SUBJECT: Total Residual Chlorine Policy for NPDES pen -rifts Even, three years the State is required by the Clean Water Act to review its surface water quality standards and classifications, determine if changes are needed and to make any necessary changes. This review process is referred to as the "triennial review," Public hearings were held to solicit comments for the 2000-2003 Triennial Review of surface water quality standards during the summer of 2002, The Hearing Officer's recommendations were presented before the state's. Environmental Management Commission on October 10, 2002, The Hearing Officer's recommended changes included modifications to theexisting standards for Arsenic, Methylene Blue ActiveSubstances (MB.AS) and Total Residual Chlorine (TRC). The. Hearing Officer also recommended the addition of a standard for Methyl Tert-Buryl Ether (NII'BE). nide, AJJ of the Hearing Officer's proposed changes were adopted with the exception of MTBE.. The changes took effect on April 1, 2003. This memo documents the changes to th.e NPDES permitting policy for TRC limns, Total Residual Chlorine (TRC) Previously, TRC had an Action Level Standard, except itt designated Trout waters. The Triennial Review changes modified the TRC ,Action Level Standard to an Aquatic Life Standard of 17 p.g/t. The Aquatic Life Standard will remain for designated Trour waters. Aquatic Life Standard -- .g/1_, (freshwater only) Trout Waters -- 17 ug/1., Revised TRC Policy TRC limits will be assigned to permit renewals and all new permits issued after April 1, 2003. • Facilities that do not use chlorinewill not receive a TRC irriit; however, the presence of a chlorine backup system to augment UV or other disinfection requires a TRC limit, • Facilities discharging to streams with a 7Q1 0 <0.05 cfs (zero-flc,iw streams) will receivea limit of 17 µg/L, • Limits will be capped at 28 p.g,71... to protect against acute impacts. It is likely that many facilities will need to add dechlorination use another means, of disinfection) to comply with the new TRC standard. Therefore, a compliance schedule of 18months from the effective date of the permit may be added to any TRC Limit added. during the current permit renewal. This time period is allowed in order for the facility to budget and design/construct the dechlorination and/or alternative disinfection systern(s). The NPDES Unit has promulgated minimum design criteria in order to expedite permitting of dechlorination equipment. Colcen Sullins Regional Office Supervisors (Dcchlonrution guidance an -ached) Shannon Langley nommitit NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 3, 2009 LEWIS M JOHNSON MANAGER ROWAN ASSOCIATES & MERCANTILE 119 N STERLING ST PO BOX 664 MORGANTON NC 28680 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Rowan Associates & Mercantile TP Permit 'Number: NC00610.34 Case 'Number: LV-2009-0292 Rowan County Dear Mr. Johnson: to - This letter is to acknowledge receipt of check number 4840 in the amount of $335.30 received .from you dated. August 26, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed, Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations,. or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, cc: Central Files DWQ Mooresville Regional Office Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury S. Raleigh, North Carolina 27604 Phone: 919-807-6300 1 FAX 919-807-6492 I Customer Service: 1-877-623-6748 interne, www,ncwaterquality org An Equal Opportunity t Affirmatiwe Action Employer One . NorthCarolina Naturally A*44 NCDENR North Carolina Department of Environment. and Natural Resources sion of 'Water Quatilv Beverly Eaves Perdue Coleen H. 'Sullins Governor Director August 14, 2009 CERTIFIED MAIL 7007 1490 0004 4510 3050 RETURN RECEIPT REQUESTED Mr. Lewis Marvin Johnson Rowan Associates & Merchantile, 905 \Vebb Road Salisbury„ North Carolina 28146 SUBJECT: Dear Mr. Johnson: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215,1(a)(6) and NPDES Permit No. NC0061034 Rowan Associates & Merchantile 'WWTP Rowan County Case No. LV-2009— Dee Freeman Secretary This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S335.30 ($250.00 civil penalty + $85.30 enforcement costs) against Rowan Associates ec Merchantile. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for April 2009. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No, NC0061034. The violations are summarized in Attachment A to this letter. Based upon the above facts, .1 conclude as a matter of law that Rowan Associates & Merchantile violated the terms, conditions, or requirements of NPDES Perrnit No. NC0061034 and North Carolina General Statute (0.S.) 1.43-215.1(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 Rowan Associates & IVIerchantile: Monrcsvifle 'I'tonal Office Location; 610 East Center Aye., SuIre 301 Mooresville, NC ?Jill ,11 Phone', (7041 663-1699 Eav ('04) 63-6046' 't Customer Service -877-623-67-N Internet, www.tic‘vatertiuSlity.org ne. NoOrthCarolina Equa Oppurtmmy Affirrietove ,Aenen Employer 50% Recycle& ErY, Post Coneumer paper 250.00 For 1 of the one (1) violation of G.S. 143-215.1. (a)(6) and NPDES Permit No. NC0061034, by discharging Waste into the waters of the. State in violation of the permit monthly average effluent limit for ammonia nitrogen. 250,00 TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE 0"1 0 Pursuant to (3.S. 143-115,6A(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 surthee water quaint or quality or on air quality; (4) The cost rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) Theprior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the .Department of Environme.nt and Natural Resources (do not include waiver 'Om), Payment of th.e 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 27699-161.7 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 amountof 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 he 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 Dnion of Water Quality at the address listed below. In determining whether a remission request will he 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) ‘vere wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly .abatedcontinuing environmental damage resulting from the violation; whether the violation was in.advertent 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 civilpenalty 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 NNTiting,. 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 firther appeal of the penalty to the Environmental Management Com.mission'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- 6 7 OR File a petition for an administrative hearing18ith the Office of Administrativee llearings: 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 am. and 5:00 p.m., except for official state holidays, The original and one (I) copy of the petition must be filed with the Office of Administraive Hearings. The petition may be faxed m provided the oriinal and one copy of the document is received in tb.e Office of Administrative Heari•ngs within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6 "14 Mail Service Center Raleigh, North Carolina 27699-67'14 Telephone: (919) 733-2698 Facsimile: (919) 73>- 3 }78 A copy of the petition must also be seised 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 oftlis letter) ort the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal dateftire received stamp (not a postmark), ill 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 cortinuinLnature, not related to operation and°`or mare cnance rabl��ns,and ypu anticipate al construction act ities, then you may wish to consider �ntip ate, remedial g for a Special Order by Consent. if you have any yuestion about Ghis civil pen 1ty° assess ent or a. Special. Order by; Consent lease contact theWaterQuality- Section staff c the Mooresville Regional Office at 704 66 3-1. 699. Robert B. Krebs Regional Supervaisor Surface Water Protection Mooresville Regional Office Division of Water CClelrty ATTACHMENTS cc: Water Quality Regional Supervisut w/ attachments Compliance/Enforcement File w,.` attachments Central Files vvl attachments Out 001 EN A L NO. . -2009-0292 Fare t 4/':3 rr La nitrogen totes c1i11penalty assss Reported 19.8 III Per . it Lim 6.7 mg11 SEAT OF NOR rfi ( AP COUNTY FROW; OF CIVIL PL::.I.`T ' ; C ADIST ROWAN ASSOCI,ATES AND III:RL.'I1 NTI,I.:. , I C, PI6.R IIT NC. NC0061034 sing been assessed cis°II petara document of the Division of Water ter of the e i =il penalties, does hereya. does <aipuiate that die facts are as alleget tiaat I1 e Idence presented ira support ofr Division of Water Quality within 30 days of receipt ot ssinn request Till be al lon °ed after 30 days ions the r IIhis the day of ADRbSS TE LI7'P I) P AI T' SEN OF EN RONMENI I tv 1_ RESOURCES AIVER OF RIGHT TO AN ADMINHISTRATIVE HEARING Ai D STIPULATION FACTS 00 -0292 totaling $33 .3 fc r -to! t forth in the asses rner�I: dated Augusti, 2009, the uaadersiDied, desiring to seek remission ht to admiiustra i ae bearing in the above -stated matter and ent document, The undersigned further understands n of this ciss1 penalty raaust be submitted itted to the Director of' the e of assess aaa ..nt. No new evidence in support of ipt of the no rice of assessment.. ONE Bia 2009 DWQ Case Number: Assessed Party: County: Permit Number: Amount Assessed: TI O". REt .QN REQU 'T LV-2009-0292 Rowan Associates & Merchantile Inc. Rowan NC0051.1I34 S335.30 Please use this form \vhen requesting rem ission oi'this civil g malty You must also complete. the"Reg ra . r For Remission., Waiver r R ght to an ,4dminP.. trative Hearing, co `t elation ©f Facts" form to request remission of this civil penalty. You should attach. any documents that yW-RI believe support your request and are necessary for the Director to consider in evaluatirrtt °our request for rerntssion, 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.0 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 ci al per lty asses m nt factors in C G,S 14 B 28�.1 applied to the detriment of the e ti er fthe assessrnent racto s are, lasted in the, civil penalty assessment document,': (b) the vi ato ota tatty abate lmc anrinuinc erltal damn., resulting from the vi explain the steps that you too to correct the violation and pr°evc ntw;iaatzrrr occurrences); (c) the y,tolation was unavoidable or sonaethingq you cold not prevent or prepare, Ot) (d) the dvertent or a result. anaccicleat (ti.e.r explain r had, not been assessed civil pena (e) payment of the ivil ?,malts sy'tll prevent pp explain how payment of the civil peracalt ° uxt°11 prevent achieve compliance). 'PL' AT (r e additional pages as necessary,,) orany eviqus V ul violation was medial., actions nin Y the c a twit es ncecessao Violator: Facility: County: Case Number: Permit Number: NORTH CAROLINA .) ()1 OF WATER QUALITY Rowan Associatesi Mechantiie Rowan Associates & Mechantile WWTP Rowan 1,V-2009-0292 NC006103-1 ASSESSMENT FACTORS The degree and extent of harm to the natural resources of the State, t, the public health, or to private property resulting from the 'violation; No harm has been documented; however, it would be predicted that the monthly average limit violation for ammonia would have toxic impacts on the receiving stream. In addition increased ammonia in the surface waters would lower available dissolved oxygen and cause nutrient enrichment. The duration and gravity of the violation; The violation is a monthly average limit violation for April 2009 suggesting elevated ammonia nitrogen concentrations in the discharge for the month. The permit limit was exceeded by 1..96%. 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on air quality or ground water. Surface waters were likely to be impacted by the discharge. Ammonia nitrogen is toxic to aquatic life, causes lowered available dissolved oxygen in the receiving stream„ and increases nutrients,. which lead to eutrophication. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No money appears to have been saved by the noncompliance. 6) Whether the violation was committed willfully- or intentionally; The violation does not appear to be willful or intentional. The prior record of the violator in complying or failing to comply lyith programs over Which the Environmental Management Commission has regulatory authority; and Case Number Description \I-C2C0010367 6:08 ST10,40 _End 10/27/08 case closed, 8) The cost to the State of the enforeetnent procedures. faff prep:$*0.4...01 unf0rrumentpacka0$ 1 hour at. 512;21.th:bur ...hottfUtS38...09./hour clatical Support To.tal$ I hour at $ 1 5 00/ho ur ItO Supervisor Division of Water Quality NORTH CAROLINA DI " ``ISION OF " i'ATER QUTY Violator: anAssociates & 1: Facility: Rowan. Associates & Mee l antile r TP Counter: Rowan Case `umber: LV,2009-0292 Permit Number: NC0061034 ASSESSMENT FAC'I'ORS The degree and extent of harm to thenatural resources of the Stat private property resulting from the violation; 0 public health, or to No harm has been documented; however, it would be predicted- at the .monthly average limit violation for ammonia would have toxic impacts on the receiving stream. In addition increased ammonia in the surface waters would lower available dissolved oxygen and cause nutrient enrichment. 2) The duration and gravity of the violat The violation is a monthly average limit violation ft r April 2009 suggesting elevated ammonia nitrogen concentrations in the discharge for the month. The permit limit was exceeded by 196%. 3) The effect on ground or surface water quantity or quality or on air quality; No effects are expected on air quality or ground water. Surface waters were likely to be impacted. by the discharge. Ammonia nitrogen is toxic to aquatic life, causes lowered available dissolved oxygen in the receiving stream, and increases nutrients, which lead to eutrophication. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by non corpliance; No money appears to have been saved by the noncompliance. Whether the violation was committed willfully or intentionally; The violation does not appear to be w wilful or intentional. The prior ree rd of the violator r 1n plying or f 1lin to comply ith pr grant over %' hieh the Environmental Management Comm rrr has re ul t ' hnthoriiI; and 1 v'- 00 -0 / 1 440,4 aid The east to the State of the enfore errs pr o edures. Staff preparation f erfforce e t package: ho 1. hour at S3 09/ho r 1alpprt:, 1 hoar at ,0/ho�a ,i P Regional Supervisor t RO Superi Division of ter Quality 1 /hour MONITORING REPORT(MR) VIOLATIONS for: MRs Between: 4-200 t tr1d i t,1t 9 Region / Par rn Name: "i County: Vo Report Date: 08/03/09 Page: 20 of 2'4 Program Violation Action: NEDES Vu`W PERMIT: NCO 4 FACILITY: Rowan Associates & Mercantile - Rowan Associates & Mercantile WWTP COUNTY: Rowan REGION: Mooresville Limit Violation MONITORING OUTFALL r VIOLATION REPORT PP1 LOCATION PARAMETER DATE FREQUENCY 04 -2009 001 Effluent Nitrogen, Ammonia Total (as 04/30/09 2 X month N) - Concentration L_I" _ Z trr o 5 - c 3 it „7 UNIT OF MEASURE. LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION mg/I 6.7 19.8 Monthly Average Exceeded None 2 SV d:;CY.51� '�,fi 3p PERMIT: NC0024244 FACILITY: City of Albemarle - Long Creek WWTP COUNTY: Stanly REGION: Mooresville Limit Violation MONITORING OUTFALL t VIOLATION UNIT OF CALCULATED REPORT PPt LOCATION PARAMETER DATE FREQUENCY MEASURE LIMN" VALUE VIOLATION TYPE VIOLATION ACTION 04 -2009 001 Effluent Chlorine, Total Residual 04/22/09 5 X week ugll 18 19.5 Daily Maximum Exceeded No Action, BPJ 04 -2009 001 Effluent Chlorine, Total Residual 04/24/09 5 X week ug/I 18 22 Daily Maximum Exceeded No Action, BPJ 04 _2009 001 Effluent Mercury, Total (asHg) u 04/25/09 Weekly ug/l 0.013 8,790 Weekly Average Exceeded None Concentration EFF. NT NPDES PERMIT NO. C. DISCHARGE NO. FACILITY NAME wpa.... 0a rE i MPA a,,4..)e.r_`T.L. MONT I I ASS � COUNT CERTIFIED IF.IE17 LABORATORY I ORY (1L6rb ( ref ..._1„61.1arf CERTIFICATION NO. (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONS1BI.1 CHARGE (ORC) F PERSON(S) COLLECTING SAMPLES CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL, and ONE; COPY to: ATTN: CENTRAL FILES S DIVISION OF WATER R QUANTA 1617 MAIL SERVICE CFNWI RALEtCt),,NC 27699-1617 Monthly Limit GRADE 11) CERTIFICATION NO. ;t , ORC PHONE a -11 ( / NO FLOW / DISCHARGE FROM STE*_.. A (?R IN RLSI'ONSiI3I L CHAR(E ) I . Sft,NA7TGR1 1 C'ERTIEY I'HA T THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF ME KNOWLEDGE, 25 -.J O DATE ENTER PARAMETER CODE ABOVE NAME AND UNITS BELOW DWQ Form MR -I (I li041 Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) All monitoring data and sampling frequencies do NOT meet permit requirements Com Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a time -table for improvements to be made as required by Part II.E.6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best ofmy 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." Permittee (Please printtype) Signature of Permit Date (Required unless submitted electronically) 0-4 ut if C. ?ti PermiUee Address Phone Number e-mail addrtzs Jiff-23-10 rftk 'rmit Expiratkn Dale Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) ADIMTIONAL CERTIFIED LA ORATORIES PARAMETE CODES Certification No, Certification No, Certification No, Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit 807-6300 or by visiting http://portal.ncdenr.orgtweb/wq/swpips/npdesiapptbrnts. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. * No Flow/Dischn.rge From Site: Check this box if no discharge occurs and, as a result, there are no data to he entered for all attic parameters on the:1)MR for the entire monitoring period, ** ORC On Site?: ORC must visit facility and dmument visitation of facility as required per 15A.*NCAC 86 .0204. *** Signature of Permittee: lf signed by other than the permittee,. then the delegation of the signatory authority must he on. tile with the state per 15.A NCAC 2.13 .0506(bX2XD). Page 2 EFFLUENT NPD}.S PERMVI NO, NC0061034 DISCHARGE NO. 001 MON'll FACILrry NAME ROWAN ASSOCIATES & MERCANTILE INC CI AS' 1 COLIN CERTIFIED LABORATORY ( I) GRANTS CREEK REGIONAL WWTP LAB. (list additional laboratories on the backside/page 2 of this form) OPERA'FOR IN RESPONSIBLE CHARGE (ORC) JEFF DENNARD PERSON(S) COLLECTINC SAMPLES ORC, BUDDY JOHN ,EIVED CHECK BOX IF ORC HAS CUIANW) LHOS1(tt /ATER QUALITY Mail °MINA!. and ONE COPY to: ATIN CENTRAL FILES No v r DIVISION OF WATER QUALITY SION A R IN RESPONIBIJ"i ('RARGL) 1617 MAIL SERVICE CENTER RALE1cHL NC 27699-1617 MOD 40,14 AGE MINIMUM SWP S •0 —01ONAL OF3 El CV diAAFectiog UGIL '20 036 <20 <,20 <2/0 u $7-r-i YEAR ROWAN GRAI/E 1.11 (TRTIFICATK)N NO. 5133 ORC PHONE 704-857-194I NO FLOW DISCI IARGE FROM MTF, * Wb " CERTIFY THAT THIS REPORT 15 ON ACCURATE AND COMPLETE "CO THE REST OF MY 'KNOWLEDGE 5 MG1L DINO Form MR-1 (II 110,1 ) Facility AU moil Loring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) All monitoring data and ling from do NOT meet permit requirements 7tte suet threaten public health or the pennittce became aware of the ci A permittee becomes aware of the circumstances. if the facility is noncompliant, please attar, *list of or o em nis to be made as required by Part 11.E.6 of the lwl?© "1 certify, under penalty of law, that this doctuncnt and all attachments where prepared tt in accordance with a system designed to assure that qualified personnel properly gather _. submitted. 'w ased on my inquiry of the person or persons who managed the system, or those persons directly responsible far gathering the information, the information submitted 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 passibility of fines and imprisonment for knowing violations." Noncompliant poly from the time the days of the time the 'ertitieri Laborarory (2) Certified <abon ti r (3) Certified Lthorat©ry° (4) Certified Laboratory (5) Parameter Code assttatarto a tray he obtained by calling the NPPI iE S Unit at (919) 733-5083 or by visiting tiie S Watter Protection Section's web site at l .err _ ea d linking to the unit's information pages. do r all of the ** ORC t?n S1tt t ORC must visit facility and * * * Signature of Per mittee; if signed by other than the peyrnitte , then ti file with the state per 15A NC.AC 2B .05O6(b)(2))ft)l. A N' CAC gG .0204. irwx authority, ruusi, be on NPIM S PERMIT NO, NC0061034 DISCHARGE N(: FACILITY NAME mm ROWAN ASSOCIATES & MERCANTILE, INC. CLR`I'IIiED LABORATORY (1) GRANTS CREEK REGIONAL WWTP L (list additional laboratories on the backside/page 2 of this form) OI'E:RATOR IN RESPONSIE3LE CHARGE: (OR(::) JEFF DENNARD PERSONS) COLLECTING SAMPLES ORC, BUDDY JOHNSON CHECK. BOX IF ORC HAS CHANCED F- Mail ORIGINAL and ONE COPY to: A'LT'N: CENTRAL. FILES DIVISION OF WATER.QIPA1.17"Y 1617 NIAH. SERVICE CENTER RALEI(:LI, NC 27699-1617 A(".(' 00310 ;NA AND COMPLETE'C KNW SEEP ? (} 2L 00 YEAR 2ci 0 CLASS 1 CO[MTV__ ROWAN <2.5 2.1 (.'GRADE 1 a CERTIL°ICATION NO" 5133 ORC PHONE. 704-857-194I NO FI,OW / DISCHAR(,l, FROM SITE'* NS "FIAT "rnIS REPORT IS us], OF ME KNOWLEDGE. 00600 ©0625 '- 29 -/o 1)ATL. 0063E i)WQ Form MR-1 (11f04) AU Parameter Code ass Water Protection Section's w be ADDITIONAL CERTIFIED LADRRATOR%l S PARA calling the .stirtc.ac.usf15 and Page2 EFF1NT KNW NPDES PERMIT _ NC0061034 DISCHARGE NO, 001 MONTH YEAR FACILITY NAME ROWAN ASSOCIATES & MERCANTILE, INC, Cl AS 1 COFINTY ROWAN CERITFIED LABORATORY' (1),_ GRANTS CREEK REGIONAL WWTP LAB. (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) JEFF DENNARD PERSON(S) COLLECTING SAMPLES ORC, BUDDY JOFINSON CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 Y 0.0013 x BY 1 S SICISA ACTI.,RATE GRADill CERTIFICATION NO. 5133 ORC PHONE704-857-1941 NO FLOW DISCHARGE FROM SITE * 1=1 0 N RCSPONSII3LL CTIARGE TIFY THAT THIS REPOR I IS BVST OF MY KNOWLEDGE, • KIF <5 0 DWQ .Form MR-1 (I 1 /04 ) All monitoring data and samp Certified l: Certified Laboratory (5) Number Certification No. Certification No. Parameter Code assistance rtxay be obtained by calling the NPDES Unit at (919) 733-50113 or by visits the She and linking to the unit's information per. Water Pion Section's web at Page EFFL ENT POLS PERMIT NO, NC0061034 DISCIIARGE NO, Q0j MONTH FACILITY NAME ROWAN ASSOCIATES & MERCANTILE, INC CIAS 1 COI NROWAN CER'FIHED LABORATORY (1) _ GRANTS CREEK REGIONAL VVVVTP LAB (Iist additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSII3LE CHARGE (ORC) JEFF DENNARD PERSON(S) COLLECTING SAMPLES ORO BUDDY JOHNSON CHECK BOX IF OR(: HAS CHANCED MaiI ORIGINAL and ONE COPY to: .ArrNz CENTRAL FILES Ki DIVISION OF WATER ouAirrY 1617 MAIL SERVICE CENTER RALEIGH!. NC 27699-1617 KNW GRAD& 111 CERTW1CATION NO 5133 OR( PHONE 704-857-1941 No FLOW DINCITARCE FROM srrE CZ] ' ERA' IN R SPONS1RLLCI1Akil) HY '11 SIGNA'UUREicvawr THAT THIS REPORT IN ACCURATE AND COMPLETE TO THE ats-rov mv KNOW LEDGE No,/ - zpio-nivt- t50S- Dv0) FOMI MR- r (11404) Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements (including weekly averages, if applicable) All monitoring data and sampling frequencies do NOT meet permit requirements Compliant Noncompliant The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances,. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. If the facility is noncompliant, please attach a list of corrective actions being taken and a thne-tabk for improvements to be made as required by Part 11E-6 of the NPDES permit. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of ray knowledge and belief, true, accurate, and complete. 1 ant aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." °los weiotz Permittee Addres Certified Laboratory (2) Certified Laboratory (3) Certified Laboratory (4) Certified Laboratory (5) Li PA -TO Permittee (Piease print or type Signature of Perrin (Required unless submitted ele PARAMETER CODES Date ronically) 0 -30-iy Permit Expiratm Date Certification No. Certification No. Certification No. Certification No. Parameter Code assistance may be obtained by calling the NPDES Unit at (919) 733-5083 or by visiting the Surface Water Protection Section's web site at h2o.enr.state.ne.usiwqs and linking to the unit's information pages. Use only units of data. * No Flow/Dtsehare From Site: Check this box if no discharge occurs and, as a result, there arc no data to be entered for all of the parameters on the DMR for the entire monitoring period. ** ORC On Site?: ORC must visit facility and document visitation of facility as required per 15A NCAC 8G .0204. *** Signature ofPermittee. If signed by other than the permittee, then the delegation of the signatory authority must be on file with the state per 15A NCAC 2B .0506(b)(2XD). Page 2 NPDES PERMIT NO. NC31361034 DISCHARGE NO. C 0 4 M(tNTI'. FACILITY NAMI) ROWAN ASSOCIATES & MERCANTILE, INC_ CI..ASS 1 COLIN"I ROWAN CERTIFIED LABORATORY (1) GRANTS CREEK REGIONAL WWTP LAB. (list additional laboratories on the baekside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) JEFF DENNA.RD PERSON(S) COLLECTING SAMPLES_ ORC, BUDDY JOHNSON CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 (SIGN CI Ot CDT' BY TI SIC:NhTIIRE, ACCURATE AND C;'O M KNw !' .,. 9 2 AR 1 (IRATE. '111 CF RTITTCA"I'(ON NO. 5133 )R.0 PLHONE. 704-857-1941 NO FLOW 1 DIS(`"IIARGE FROM SITE* ATOI2 TN RIaSPONSIt3LF C I IARGI ) RTWFY "THAT THIS RIIPOHT IS L.E°TE'TOTHE BEST OF M'Y KNOWLEDGE,. DA 11' ®-._ 111111111111111111111111111111111111111 11 ���� ���� 1111111111111111111111111 6.III111MUM 1111111111111111111111111111111111111111111MMIIIIIIIIII EMI 111111111111111111.1111111111111111111111.11111111 1113111111111111111111111111111 EMI 11111111111111111 EMI 111111111117111/1/311111111111 6.0 - 9.0 IlW°' 1''onn MR-1 (11104) Facility Status: (Please check one of the following) oring data and sampling frequencies meet permit requirem (including weekly averages, if applicable) All moni NOT meet permit requirements Noncompliant "I certify, under penalty of law, in accordance with a system designed to assure submitted. Based on my inquiry of the person or persons for gathering the information, the information submitted is, to the best of my knowl complete. I am aware that these are significant penalties for submitting 'false information, including the fines and imprisonment for knowing violations„ Il` be 1 ible (919) 733-5083 or by visiting the Surface site at lt?g.enr.statg.fic,us/was l linking to the unit's information pages. * No Fktw!Diaeharge F tuna Site: Cheek this box if no dlsdisrge aCci ror :, entered fir all of the parameters on the DIAR for the dire monitoring ** ORC tea Site?. ORC must visit facility and document visitation of facility as requital per I sA NCAC 86 .0204. *** Signature of rennittee If signed by other than the matinee: ihen'the delegation of tine signatory authority must be on file with the state per 15A NCAC 2B .0506(bX2)(D). data be Page 2 NT KNW NPI:)ES PERMI"TNO. NC0361034 DISCHARGE NO. rQ� MON"F}.I -P\Cnru •YEAR_.M..,2- FACILITY NAME ROWAN ASSOCIATES & MERCANTILE, INC, CLASS 1 WY ROWAN CERTIFIED LABORATORY (1) GRANTS CREEK REGIONAL WWTP 1..0 (list additional laboratories on theuk baside!'page 2 of`this form) OPERATOR IN RESPONSLI3LE CI LARGE (ORC) JEFF DENNARIJ PERSON(S) COLLECTING SAMPLES ORC, BUDDY JOHNSO 4 CHECK RON IF OR(` IF AS CHANGED Mail ORIGINAL and ONE, COPY to: ArrN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER R RALEICIL NC 27699-1617 BY '1 A ACCURATE AND (V GRAD 111 CLRIIFICATION NO. 5133 ORC PHONE 704-857-1941 NO FLOW r DISCHARGE PROM SITE. E:RATOR IN RF?SI*O , f LFARCiF) THAT THIS REPORT IS E TO THE BEST OF MY KNOWLEDGE. DATE 's Use only unity of No. No. No. No. Noncompliant Unit at (919) 733-5083 or by visiting the Surface linking to the us it's infiirmation pages. * No Flowillicharge From Site: Check this box Woo dischatge occurs and, as a mask, :.. cured for all of the patamcubcrs on the OMR far the attire monitoring period ** ORC Oa Site?: ORC must visit facility and document visitation of amity as requited per1 A NCAC 8O t244. *** Signature of Pesnittee: If signed by other the pcnnittet, then the delegation of the signatory authority must be an file with the state per 15A NCAC 2B .0506(bX2XD). Page 2 EF NT NPDES P1 RMI I' NO. NC0061034 DISCHARGE NO..w_.. FACILITY NAME: ROWAN ASSOCIATES & MERCANTILE, INC. CERTIFIED LABORATORY (IL_ GRANTS CREEK REGIONAL WWTP LAB. (list additional laboratories on the ba isidc/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) JEFF DE.NNARD PERSON(S) COLLECTING SAMPLES ORC, BUDDY JOHNSON CHECK BOX IF ORC IIAS CHANGED Mail ORIGINAL, and ONECOPY to: ATTN: CENTRAL FILES DIVISION OF WATER QUALITY 1617 MAIL SERVICE CENTER RALEIGH, NC 27699-1617 MON"C`F_ ,ASS 1 C ICINTY ROWAN a GRADE 111 CERTIFICAI ION N(. ORC PHONE_ 7(14-857-1941 NO FLOW / DISCHARGE FROM SITE * 3-24/-1a )NSIBLT. CLFARGE) I)A11 W'Y' ki1Lt SIGNATURE, 1 CERTIFY TIIAT THIS REPORT IS ACCIJRA°1"E AND COMPLETE FOTHE REST OP MY KNOWLEDGE. 5133 1)WQ Form MR -I (11104) All monitoring data and sampling frequencies du NOT meat permit Cmti&d (4) Certified Laboratory (5) Page 2 EFF N NPDLS PERMIT NO. NC0061034 DISCI -LARGE NO. FACILITY Y NAME ROWAN ASSOCIATES & MERCANTILE, INC. CLASS NTY, CERTIFIED 1..AI3ORA"1I ORY (1)..__.._....y_. GRANTS CREEK REGIONAL WWTP LAB. (list additional laboratories on the backside/page 2 of this form) OPERATOR IN :RESPONSIBLE CHARGE (ORO__ JEFF DENNARD PERSON(S) COLLECTING SAMPLES ORC, BUDDY JOHNSON CHECK BOX IF ORC HAS CHANGED Mail ORIGINAL„ and ONEL COPY to: A" TN: CENTRAL FILES DIVISION OE" WATER QUALITY 1617 MAIL SERVICE CENTER 1)..#1„k.l(:LII NC 27699-1617 (3 IRE, 1 CERTIFY THAT THIS REP(M41" bl` METE FE TO THE BEST OF MY KNOWLEDGE. 30tAN MAR GRADE lit CERTIFICATION NO. 5133 ORC PHONE_7'{l4-857-1941 ��� Nt) FLOW / DISCHARGE FROM SPIT * A DATE DM) EOM MR -I ( I All Office any noncompliance tlra€t potentially provided orally within 24 hours from the time the shall also be provided within 5 days of the time the Page 2 NCDENR North Carolina Department of Environment an Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 24, 2009 Mr, Tom W Walton Rowan Associates and Mercantile 119 North Sterling Street Morganton, North Carolina 28680 Resources ty.vrit Dee Freeman Secretary Subject: Permit Modification request Rowan Associates and Mercantile WWTP NPDES Permit NC0061034 Rowan County Dear Mr, Walton: The Division of Water Quality (DWQ) has reviewed your request for modification of the subject permit to change the daily monitoring requirement for temperature from daily to weekly. Your request has been approved. Please find enclosed the revised effluent page A. (1), of your NPDES permit, which should be inserted into your permit. The old page may then be discarded. No other changes to the permit have been made. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. The DWQ welcomes permittees that inform us of changes to both operational and management situations at permitted facilities. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 807- 6387, Coleen H. Sullins Enclosure: NPDES Permit NC0061034 — A.(1) Effluent page cc: Mooresville Regional Office / Surface Water ProtectionlWes Bell Central files NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Loc.ation: 512 N. Salisbury St. Raleigh, Norlh Carolina 27604 Phone- 919-807-6387 1 FAX; 919-807-6495 Customer Service 1-877-623-6748 Internet: www,ncwaterqualltyor Equoi Opportunily .Affi rfra Acbon ErnOoyer One NorthCarolina XatiiraUij Permit NC0061034 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, 5-day (20°C) Total Suspended Solids NH3 as N (April 1 - October 31) NH3 as N (November 1 March 31) Fecal Coliform (geometric mean) Oil and Grease Tota Residual Chlorine1 Temperature (°C) Total Nitrogen (NO2 + NO3+TKN) Total Phosphorus LIMITS Monthly Average 0,0062 MGD 30.0 mg/L. 30 0 m /L. 6 7 mg/L 30 0 mg/L 206/ 100 mi 30.0 mg/L Daily Maximum 45 0 m /L 33 5 mofL 35 0 mg/L 400 / 100 ml 60 mg/L 28 pglL MONITOI4INGREQUiREMENTS Measurement Frequency th 2/Month 2/Month 2/Month 2/Week Weekly Quarterly Quarterly Month Sample Type Instantaneous Influent or Effluent Grab Effluent Grab Effluent Grab Effluent Grab Grab Effluent, Effluent Grab Effluent Grab Effluent Grab Grab Grab Grab Effluent Effluent Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 ugil to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/I. 2. The pH shall not be less than 6,0 standard units nor greater than 9,0 standard units. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. NCDENR North Carolina Department of Environment 8nd Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 17, 2009 Mr. Tom W. Walton Rowan Associates and Mercantile 119 North Sterling Street Morganton, North Carolina 28680 Subject: Issuance of NPDES Permit NC0061034 Rowan Associates & Mercantile Rowan County Dear Mr, Walton:. Division personnel have reviewed and approved your application for renewal of the subject permit, Accordingly, we are forwarding the attached NPDES discharge permit, This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This permit contains no changes from the ©raft permit mailed to you on May 20, 2009. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter, This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714), Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 807- 6387. Sincerely Coleen H. Sullins Enclosure: NPDES Permit NC0061034 cc: Mooresville Regional Office / Surfa NPDES Unit e ater Prote n 1617 Mali Service Center, RaVe gh, North Carotldna 27699-1617 Location.: .512 N. Sel.isbury'SL Rate jh, North Carorina 27604 Phone 919-807.6387 r, FAX: 919-807-64951 Customer Service: 1 77-523-6748 Internet: www.ncwaterquahty.org An Equal Oprot1unity Affirronvee Arbon Employer One NorthCar©ffna jVatlll'1aflb' Permit NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rowan Associates 86 Mercantile is hereby authorized to discharge wastewater from a facility located at the Rowan Associates 8a Mercantile 905 Webb Road Salisbury Rowan County to receiving waters designated as a unnamed tributary to Town Creek, within the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2009. This permit and authorization to discharge shall expire at midnight on. June 30, 2014, Signed this day July 17, 2009, Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management C©rnrraission Pei t NC006 1034 SUPPLE ENT TO PEI All previous NPDES Permit issued to this facility, whether for operation or discharge are hereby revoked, As of this perm it issuance, any previously issued permit bearing this number is no longer effective: Therefore, the exclusive author to operate and discharge frcam this facility arises under the permit conditions, requirements, terms, and provisions included herein, Rowan Associa rs; ercant i : hereby autori.e to Continue to operate an exi ting 0.0062 IVIGD wastewater treat ent syste with the following components: + Two 2,500 gallon septic tanks • 7,500 gallon capacity pumping statstation Single Recirculating surface sand filter Table chlorination Chlorine contact chamber I echiorination Step aeration The facility is located at the Rowan Associates Mercantile Tp located at 905 Webb Road near Salisbury in Rowan County. . Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Town Creek, classified C waters in the Yadkin -Pee Dee River Basin, Rowan & Associates Mercantile Center Rowan & Associates Mercantile Center WWTP Latitude; 35° 3545" N State Crid: Cforta Grove Lonuitude: 80° 32' 05" W , Permitted Flow: 0,0062 MGD RereiVint Streant: UT to Town Creel.; Strum Class; C DrjeBasn: Yadkin -Pee Dee River Basin Sut4-Basio: 03-07444 t-- : 44. Clayprt Outfall 001 Facility Location not to scale . „ NPDES Permit No, NC0061034 Rowan County Permit NCOO61O34 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be Limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, day (20°C) Total Suspended Solids NH as N (April 1 - October 31) LIMITS Monthly Daily Average Maximum 0.0062 MGD 30.0 g!L 4 30.0 mg1L 6,7 mgJL NH3 as N 30.0 mg/L (November 1- March 31) Fecal Coliforrn - 200 / 100 mi 438 / 100 mi 21Month eorretric mean Oil and Grease 30,0 mg1L 60 mg JL 2/Month Total Residual Chlorinez 28 pg/L 21Week 0 MONITORING REQUIREMENTS Measurement Frequency Weekly 2 onth 5 mg/L 2/Month Sample Type Sample Loc Ins an neous Grab Grab Grab Grab on Influent or Effluent Effluent Effluent Effluent Effluent Total Nitrogen (NO2 + NO3+TKN) Total Phosphorus pH2 Daily tarterly quarterly 2JMonth Grab Grab Grab Grab E Effluent Effluent Effluent Effluent Grab Effluent Grab Effluent Footnotes: 1, The Division shall consider all effluent TRC values reported below 50 ugll to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/I. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART II STANDARD CONDITIONS FOR NPDES PERMITS A. Definitions Set I, 1C arit cc)litOa'rn, t (..1.)rL.sc ,crtrr� A:2k c.rn three separate c alcnchr (Lys. `f'htsc s atral)fc:s shall I xc )resentat i'`c of )tr xi. ;li.sc aargc 1`hc. Ix=ricxi Iron tt pollutant rncaurcd cfnrin� tltc c:alc~r & t I C,1\AY'Ver, lc)! rc carats the c,aleila- ay he arscd for s,.ttnl April through Jarn- ] as r a;u1ner as to result in <r tc)t.al : ara l lc t`t r`t ts2t.ttiv x >1 tl)t° ate °ate ` aff c']a as c° cltta'ir� ;(x1c)r may dc1.i raflatc t])c st apprc-) riatc mcih,rxi (spcx°if`ic aaaanihx trxc] i e)f all(]a i"wee l grab 4arrri)IcS, cic:',) c)a ca c asc-by-case l) t. i . Samples may he collo tcd n) rr�] x);sits satraafalcs tart',` Ix., c.)I,)iatirac.] l.)° tla fc,lltavra taacfa ae.1s: f1 l Csc>ntiaaar.)t.z : tt sire, catrai'iata.ra.att r.rt�flr cAr)llct1 c>° <s_fatat ]xticx] frrrlxstirar)rr trnr)(c deicer°n it In he case of feral in Iy i hour fxticd t:;rllr..ans pts ink tl�t ur�laPia tree O :r f crti � r' a tclet and Version 5f2009 N ID ES PeTmit Standard Condit ions 'agc 2 ol tOtaliZer, uid he preset g,illon interval l)t wTi sample collextion rit no greater than 12,i of thc expeued total eLily fh)w 'it the treatment system, or (4) Constant times constant volume: a series: of grab samples of volume collected e)yeT 24-1101K I X.TiOd it 1 0tJn lflc it-al:11,ra, Use of this method minims prior approval by the Director. This nwthotl may only be used in situations %%heir effluent flow rates vary less than 15 pen:cm "The following restrictions apply: influent Ind effluent ,qabs;:iriT)les shall be or ,ArLd six,2,,,ind of no ,o() 1nt'luent samples shall not be collected more than no per I iour, PeTnaittec with ‘vastewneT treatment systems whokse chlention time < 24 hours shall collect effluent grab u1ipk ti intervals of no ,grettter than 20 mini ore's apan di iring any 2-4-hour period, Permincts v\ ith wasterwateT treatment systems \hese detendon time exceeds 2,ur hJl 0)1101 ICElt „7-al,-) sat-111)1o,', least eveTy six hours', tlieTe must be 1 minimum of fc)ur sal-11.1)1es during a 24-1 i ir sampling period. C011I ill1101,L•; HOW IlleaSt IR-MOM Flow monitoring that occurs Nvit how interruption throughout the (Tx:Taring hours of the facility, How ,shall monitored conrintri11 except for the ininvpient times \\filen the may be no Clem' or for infrcquolt maintenance r\ ili <111 tlie HOW CICOC(% Daily Discharge The discharge of tpolluEtrit measure.d during a c;:dendar day or any 2a-hour 1,xTiod that reasonably rci-)rent' the calendar day for prtrposus of sampling, For pollutants IlleaSl 1RX I in unit s ol TLASS, t he "ddly discharge" is cal( rilritexl as the total mass of thc pollutrint discharged over the day', The 'daily discharge ccmcintration con -prises; the mean conc):rtit rat ion fe)r a 2,4-hour s;ampling perioel eitheT ri cornposite sanTle concentration or the ithmet ic mean of '11 gni]) ),:ainplcs collected dftuuring ilia( peTiod, (40 CFN 1222) Daily M aximtim Hie highest "daily diseitirge" rlurrrir the calenehr nionth, 1)aily uiipltii& Primo (1.s retluiritig daily santpling shail be sampled 5 out ),)f every 7 days per week uriles ot ierwise spevilied in the p(Tmit. inipIrii l Ltll be conducted oil wevledays excevt wlieTe holidays or (Am- disruptions of nonnal opeTtl ions prevent weekday sampling, if s;:impling is required for all so, e.-7ri cirrus oE Ilir\wek for .triiy permit paramcter(s), that reepironent "di be SO ne)ted on the Effluent 1 imitati) n arid lonitoring Page(s), )):„V) or "the Divisk)n" hL Diviskm of INITateT Quality, 1)epartment of Environment and N it urril csounxs. y'Aic North (arolitr,:t En\-ironrnental iManagorient 12, PA 1 Pc 1 I tilted States EnviremmeTital ['mutt ion A,L,)ency FacilityClosure Cessation o dl acrivitic.:s that re." „ ire (-overage Limier this N.PI-)ES perrait, Conlpl0rorrof facility. closure will rtllow this permit to be rescinded, (cornctfic Lcin The Nth root of the product of the individual value where \ = the numbeT of individual \--Lrlues, For purposes: of oikuLi1intlir ,gcometric Met, al, dur of 1) for II< I dertect ion kdU IrdI be collsickrre(I = Verson 5/2009 N PD ES Permit Stanelard -,Onditions IS; t,-; tab St.imple f nclivicluA samples. cif :it least 100 1 niCOlk.VtCd OVer a pericx.1 of time not exatedingIS minuks. (Sind-) samples can be colleoed nunually, Grab samples must lie repn_senntriVe Of the ftu tor the receiving stream, fir film roam stimpkst„ Nzwants Sul Isl.:um:et Ally substance designated under 40 CFR Part I 6 pursuant to Sevtion SI I of ilkCAVA, 1st ant tat 1(,,oits flow measurement A mislirc Qf1 1Av tlkc-11 :"tt ig "1101 1.-,x)111 111': s,u 11* i-11(-1 rclooloilativc CA 3(2 Mont lily A e:rap:: ticcinc eat ration liinn it The arithmetic mean 11 i11"claily disc hi:, yges" of a. tx-illutant: measured. during the („Id.enclar month, In t he -ase leval coliforin,11 Rgecti-letric inein of stiff) clischargos. Permit issuing A utikm,ity The Director of the Division of Watef Quality, erly Ave,tr,ti,4(„: (coilcent ration lit nit) 11 IC avo-Jgc Of all S',1111pleti Lik(11 (Wel' '1.1 Calendar (lUarter, Scvere prof-x:11y dutriaqe Sul Ystantial CLUInage to prolVity„ Clatmgc t(„) the treatimnt facilities which caust,s them ic,„)1 xxotito incAvral)le, or substarit id and vim:mein los,s of nat Lind ICSOLLICeS \\I'Lich car) reasonably 1:3e expected to occur in the absemte of a ))11ass. SCN'efe prOrkl'y itimige excludes economic loss causal 1,-.)y del,ys in product irm-1, "Foxic Polito ant: Am- IX1111111J11 lI11Xl (Aic under S0.:N:' ion 307taxl lof the (AV,A, pset: An incident bevonel the reasonable ce,)1itrol 11 Ilin Pei:mitt:1(v causing unintentional and temporary noncompliance with [xitinit effluent limitations and/or moniwring requirements, An up,set elocs not include nonecmnpliance et,insed. 1,tiy (IX-Tational mot-, impropoly elesicried trettment facilities, inadequate treatment facilities, lack of pre„ventive maintenance, or (treks$ or itripnvei- operatkm. Wctikly Average lconcom rat ion Limit ) The ,,...Lrit-larnetic mean of all "daily discharges" of a pKilliitant measured during the caknclar in the: case fort:d coliform. the gt,,:ornetric 111e:11 of such discharges, Section B. General L l)tity to ConTly '11)e Permittc_ie into comply itvith all conditions of t his permit. Any ix -Twit noncompliance consiiiutes a violation (.,)1 the CAVA and is gyounds for enhm-ciement action: for permit termination, revocation :And reis.stiance. or 011 Klificat ion, or of a permit renewal applicat ion 1)0 CFI: 122,111, 'The Permit:lex:it shall comply with etTluera standards or prohibitions cstablishod. under ,section :i07t:0 of the (,W for toxic pollutants and with suindards ftir St,Nvte :sludge use or disvisal established under so(tion. ,i0561) of the CWA within the time provided in the regulations that establish these standirds or prohhitions or ,standards for vage sludge use or disit)osiM, even if the permit has not )r,tet, bevin mi,x,lifiet:1 to incorporate 1110 requireimnt, Version 5/2009 N PI )F.S Permit St andard Condit ions (ti The (AVA pia:wicks tl tat any person who violates tseokin1s1 301, 3(12, 306,, 307, 308, 318 or '105 01111(.1 Act, or ilny permit conditktin or limitation implementing tt-invt such sections itt J txtrinit issual (inde.tr se.!(.1. ion 402, or any rofdrouttnt impcisal in 4 pret rc.-LitnRiat proptam :t:ipproved under s.-..xitt ions 402 (,0 (3) or z402 (1.:)) (8) (:wf the Act, is subject to as civil I-A:natty not to (txceccl $:,37,500 per day for each violation. 133 1 ( 1 310 (,(11 udzio C,FR 1 22.z1 I [ (2)1 c, 'rho (AX'A prc)vides that itut).,, pcitson who a.,Ifs„oltlitviolatics ,secticins 301„ 302, -300 307, 308„ 318, 40.5 of iliL Act, or condition or [imitation implementing any soak:ins issued under sattion 402 of the Act, or any requirement impilsoil in ti prareamient: trogram approved under section ,10200(31 or 41)20)00 (Y the Act, sublet:1 to criminal pcitaltics of ST2,51)(„1 t(-) $25,0(10 pot (i1(0.: of vi(dation, („t( imprisonment of not more than year, or both, 1 n the ciise of a seccind orsubscxlient, conviclion for it negligent violation, a person ,shall Ix! to c:rin anal penalties of not more than $50„0(7.0 per day of violation, or by imprisonment of not inore than 2 years, or both. 133 1 ISC 1319 (c„) (I) and 4) CFR 122,11 (a) (2)1 d. Amt ityY,son wit() Otithplat iolatcs such s(toions. stkth conditions or limitations is s11l-0.4 to (triminal jx-yialties of $5,0(:)0 lo$50,(X10 per clay of violation, or imprisonment for not more lIlul 3 vv•,,ir,5, or kith, 1 n the ease of at second or subse( pent von‘i(tt ion for a knowing violation, a person sulicm to criminal penalties of not more titan S100.000 fxar day of or imprisonment of not tmore than 6 years, or Itiot h. 33 1',LS(. 131() (2) an(' ,'10 CFR 122.11 00(2)1 e. A per,son Mx) knowingly violates ,section 301, 302, 303, 306, 307, 308, 318 or 405 of tlitt A cE or any 17xlmit condition or limitation inTlementing any cif such sections in a permit issued under section t402 of the Act, and v‘tio know, at that time that he thereby places t,inot her pcy,son 10 imminent dingo- of death or serious xidily injury, shall, it[tx-in conviction, be subjatt to a farte of not more than $25(„),(„)00 or imprisonment of not more than 15 tt„tears, or both. In the case of a second or subse(„juent conviction for i knowing endangerment violation, t.t. pcIttson shall be subjcitt to a fine of not more than S500,000 or byt imprisonmcnt of not ‚001011)30 30 years, or both. An organization, as cktfined 111seaion ,30962X3,Xii)(iii1 of the CWA, shall, upon conviction of violatir die trnminent danger provision, lie subject to a fine of not: more titan SI ,(YX),(X and can 1)01+1)0.1 LII) lo $2,0„)0,0(0 for scvond or stilis(x[i tent convict 'kilts. la() (T13 122.z4l (,0 (2)1 f, I hider stt-tte law, .1 civil ixnalty or not more [hail S25.0(10 per violation may be assestsed ttgainst any person violatis or tails to act 40 accordance with the terms, conditions, or rcquirements of it permit, IN orth Carl)lini (1eneral Statutes 14."3-2 g„Any person may 1)e asstissal ',In administrative peattliy by the Administrator for violating sevtion 301, 302, 30n. 307, 3(18, 318 or z105 of this Act, or permit condit611 or limitation implementing i.u.ty of such sections in a pontit issued under setet ion 402 of this A ct„Adininistrativ)..„! for (lass I vi()Iations are not to exav1;-] .S1().000 per' viokitic)n, \kith thc maximum tunount of am/ Clas's 1 penalty asscs.'sed not to exceed $137,500„ Penal; icst for Class II violations are not to cACCa S i 6,000 11(17 dav la)r each day during which the violation continues, with the maximum t.tmount of any Class II penalty not to exceed $1.77,500. [33 1219 (g) (2) and CFR 122.41 00(3)1 Duty to Mitigate The Poi mitict shall take all reasonable steps to minimize or prevott any discharge or sludge use or disposal in violation of this 1.-to-mit with .1 reatim-LthIc likelilicxxl adyotscly affitcting human health or tlic envtiaininent 1z1() CFR 122„41 ((It Civil ancl Criminal Liabilitv Except as provided itt pctrtuit conditions on "13vItias5ing" (Part I I, -lip.sitts- (Part :El, C. 5/ and Powcr Failures" (Part 11. C. 7), nothing in this pcytnit shall he construed to relieve the Permittee from any nsponsihilities, liabilities, or penalties for noncompliance pursuant to N CGS 143-215„3, 14.3-215,6 or Scx'tion 309 Version 52009 75 et set], consequential It uent ial temporarily st. t<k Property R ihltt,s The issuance of t his I exclusive ve any infri Dnshtore O 5 Ititi I;X'ttait cI 5 ra<tt *atttttctt'ir rsr tpprc>ve facilities or t Its° 2inck. -"skin ; of an t ork in anyna e iltlily al ' imitteec is or may sultfrxt to under N(;(iti F urt hcrm)re, the I'ermitte :r is responsible for Ix>rttsilni ity for cfrct`tiVC compliance tttay. be el:ry 1. (:( S '15()Ii- , rnait x�htcr t he cxpiratlon. date of this Version 5r2009 NPDES Polnit ,„ „wickird Pj,L,'C 6 or 18 term environmental conTliance with k.trivirc)ninerital L.:rots anti regulations', the 11-1a11.Z1.4.T can ensuri. tliat the ni:tx..x.s,sary sy,stous arc estatilishal or actiotis taken to pato- complete and 1( Lilt informati(4n for permit. application RA-pia:molts; and where authority to sign documents has Ion pled dekNati...d 10 t 1 111 11aCCorciance with corporate procedures . (2) For a partnership or sole proprietorship; by a goicrt,d partner or the proprietor, resp'ectivdy: or (3) For a municipality, State, Federal., or othiLT public tiger -icy: b oil her a principal („.„txatutive ctrrico- or ranking citxied. of: tidal 140 CFR. 12.2„ 2.21. b„A 11 reports i‘oiiiircd by the pertnit and other information recluested by the Pcnuit Issuirigi Authority shall he signed by a perstyi describul ui paraqaph a. al x tve or by a duly authorized representative of tIL:tt person. A person„is a duly t tut liorized represent at ive only in 1. The t,luthorization is Made in wiat4ngl...ty"a pcfson desitfitxd al-X)Ve, 2, `11he „tiiithorizai ion specified eith(T an individual or a position having responsibility for the 4tvoall (ipertiticin cif the regulated facility or at,tti‘,1ty. such as lic pisit ion (,)1 plant manager, operator of ti well or well field, superintendent, a pcxsit ion of o,litivitknt responsibility, or an indiviiita or unsition having overall I(-spcyrisibility rcw (11V Milli al matters for the company. (A chilly authorizai representative may thous 1)(1i either a ntrii,,d individual (ir ll1 individual °calming a named posit ioti,t, t,ind 3. r1 io \\ 11100 autik:trizat ion is submit ted to t he P lllit issiting A ut hori v14-0 C. 122,221 c. „tclitingets, to tinthorizationt 11 t,tuthoriz,',Ition 'under ixtragraphdi) of this section is no longer accurate baauste dif ritient individual or posirion has rcsponsthility loi li >\erli operation ol the facility., a new., tuth.oriztation si,itisfying the ritnuirements or paragraph (h) of this stxtion must. be sub.m.itti to the Dirwtor prior to or together with any reports, inhturratietn. or applications to be signal b ualthOriALd repiCSentatiVe CFR 1.22.221 d. Ce.rtificanon, Any person signing a document undo- paragrraphs i,i, or I), or this sect ion shall make the hill owing coi ificat ion 1 10 Clk 122 221, N E R STA'IT ME N1IS oFlI 111,1c ATI \\ 11 L BF AC(ENT!): "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete, I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 12, „Penni] Actions This pornit may be modirie(1. ,r(Noki„,x.1 and reissi.„iati or terminatal loi au> 1 10 riling or a reepest by the Perinittev- for a [xi -mil mcxlification, revoctition ii1d reiSS:liall.C7C7 terminition, or a ncitification of plannal changes or anticipated noncontpliance not sttty tiny I.)ermit condition 110 CER 122.41 (DI. 13. Permit .N4 (xlitication, Reyocat„ion. and Re -issuance, or Termination Th,:, issuance or this permit dc.x., not, prohibit the permit issuing awl-Km-4y from ri,tx:Terting and tric.xlifying the ixTrnitreviiking and reisisuing t he ixianir, (tir kianinating thTinit 1 illowed the laws, ru.1os7, and rcv„ilations cctntained in Title 40, Code of ,Eedi,:rt,il l:(e,,...t,rulations, Pans 122 :And 123; Titk, 15A or the North Crirolina Administrative Ci,xle, Subchapt„c-T 211.01044; and ,North (...;arolirra General 1tat'utc143-.215,1 et. 'al.„ A Ld A dministLTing and (.11:oini_il Lince !viol lit °rift:, equironent s 1 e Po-mittce must. piiy the anniLd tichninistoing and compliance IlliniitLtring Ice within thirty ciii)st tif to- being 10110(1 by the 1)ivisio01. Failure to itxty the fee in 1 timely manner in accordance ‘0111 1S,\ N CAC 211..0105 (1-0(2) may cause this 1)ivision to initiate action to revoke the p(7111i Version 512009 N L 1)ES Permit Standard Cxrnditions 141 7 01 .18 Section C. ()penttion of Pollution Commis 1, Cert ificd 0 perat or Upon classific.at ion of the pen -Flitted facility by the C,etifici,ition Cornmission, the Permith. shall employ col ificTi water pollution contrcld treatment system operittor in rCtifX,HISble Charge (0 R ) Of ilkVvilia„T ilIt ion (ontn„)I trent menystern„ Such openitor 11 1 latii 1101d a Celailleah011 Of tlw p-ade e(piN",:dell[ to c.)t greater than the elassilkIttion i.isigned to the water pcklution control reatment sritou by the Col ifit'itrion Commission. 'Ehe i) CT 11111 ftt ITI(VA. ilk() employ one or more certified Back-up ORCs Nvlio pos,scss it currently valid certificate of the of the syston. riackHup (:::)R Cs must rx )ssc.ss a grade equal to (or no mtare than one grade less r bar-0 the grade of the system 115A N CA C; 8C1„02011. („)R.0 of eacir Class 1 facility ViSii the t: acuity as often as is nee.,-...ty(3) facility inust hu viSited f.ff 3 11xvit.ctkly Comply with all other conditions of 15A N C.AC 8C, .0244. II1Y t rea 'file ()RC of each Class 11, 1 I 1 trial I V facility inust ▪ Visit the E.Icility as orten as is to i11ure proper operation of the t real meta system; tl rean tient fjCilit mtist visited ',It fiVe di1y,5 IXT ludiiiglioliditys • .'ropcTly I I ItA:l1111,0-11 daily )1XT1113111 CI ranee of I he faCil Y ▪ C01111AY itIi ill Oi her COrldii i01-is or I 5A N CAC 8C,', .02041. Once the facility is classified, thelPermitree slal submit i letter to the Cot if it,:at >0 Commission designating t °pi:Tarot in responsil)le 1. \\Il(Ol) Call.Ildiar (lays prior to wastewater 1)111g int fOdi teed lilt 0 it I le\ 1> Within 12(1 calen.dar days of R notificili ion of 3 citange in the classifiCatiOn Of the sstein r0.quiring the designation of ti new ()R( tnd hack -up („)R C P A \kJl1C\ 111 the position of R Corhat:k-up . Proper (..)pc -ration i[.ind. Maintenance 'Ehe PermitteTt at all rimcs provide the (4)cTor ion t-uid maintmance rcNinirces ne-x-cssary to operate thci existing facilities at o.ptimurn. efficiency,. The Permitt00 sh a..... at all 11030 propoly op(Tate and Maintain di facilities turd. syst CMS Of treatment °and t:0(.tre)1 (and related appurt et -lances) installed or used 1 the Permittect achieve compliance with the conditions of this pa-mit, Proper °potation and inaintenance also includes tidequire 131-xa10131ry contras and appropilare quality aurance proctd.urcs. `fhis provision .rociuires the Pennittee to instd trod orxTtite backup or auxiliary (miy when nevessiary to achieve convliance with the conditicos of th.e poinit 140 CFR 122.41 (A, NOTE: Proi-)erly iind officially tksignated opciators ;we fully rt.sponsible for iill propel- (1-x1-ration anci maintenance of the facility, uicl i1l tit )cumentation re3 luircel thereof, whether i-tcting as a connac:t operator subcont ract orl or a metrnber cif t lie P ermit oe's st al f, 3. Noid to I I 111 >r R (duce not a )efoise it shall not he1 defense for a Permittt.ie in an enforament „tett ion that it would have been ne(XN"Ory 10 Of redllee the l(d 13 113 i1 lil order to maintain compliance with the condition of this po-mit 1,40 CFR 122,41 tc.11. 1.3yiyassitig of 1' reat mem I JOlill ies f.i,pass not exceeding limitationslit '172/,11 Version 5/2009 N P D VSIkiTnit Standard. Conditions l'Jgk.•,8 418 The Permittee may :AWAY any b)pass to ()cent' dOeS CIAILSC effluent limitations to hic (A.e),:tlil, but only if it also is for tssential irtaintentance to .effaciont („iyieration. 1 ieclyypasscs are not stibrcvt"to the provisions of Paragraph,s I), and c, (...)1 this scvtion, I), Notice140 CFR 122,41 (in)C3)1 (I) Ant iciy-yated 1 II the Permittee know,s in advance of the need for it bypass, it ,shall „submit prior notice, if p(assible at least Ten Li slx.fore the date of the bypass; inclilding Ui eVItIlla[jOrl Of t Lk' ant icit'xuLd quaiiiy and effect of t (2) linanticipated bypass', The PertnitkV 51 nil subns1 notice of an urianticipia 1 Ins s its required 11 Part (1. (24-hour notice), (..„, Prohibition of 1-:iipass (I) Bypass from the .treatinent 1 ility is prohihito1 ',tr.-Odle Permit Issuing „Authority may hike oilorconent tch(x inst a Pittyt„. for bypass, unks,s, (A ) 1i\,1.XLSS ‘\,14S una & scLd k t prt-Vent IOSS or life, personal injury or SeVere property claniagei (B) 'Yho-e. were .tici feasible !„-ilternatives to the 11,,,pass, .such 1 the itse of auxiliary treatment facilities, retention of untreaml wasks mairactunce during nortnal perickts of CAIlipriltIllt CIONVIlliale. This o„.mdition is mit satisfied if acleqt tate backup equipment should have ban inst.„Alcid. in the ex.enise of reasonable ertgineaing juclgment to prevent a 1pliss which occurnid during normal pc:Tit.xis of ciuipment downt inie or preventive maintenance; (C)1 02 Perinitfte subinittxAi not icc„s; as to:fairedundo7Paa,graph. b, of this s,A7tiori. (2) Bypass (“)n-it the collecticin system is prohibited and the Pet-mit fssuing A uthkirity luay. take enforcement acti1 1n. against a Pernlit tee 101 a a-.; provided in citrantor future systetn-wide collection S.),„"Stetri With (11C treat viten( latility, (3) The Polnit iiisuing Authoij rity may approve an ',int Icl1 nt02 byptss, at considering its alvi,,Tse L feels, if t he Pennit 1ssi ling A ut!riorit y (kiermincs t1mt it \vill meet the tl tree cot iditions listed above in Paragiaph c, ) of tliis soxion, 5, UpSetS a, Effect of an upset 110 CFR 1..22,,11 (2)1 „An upset constitutes ;„in ;:iffinnative ddIense to. „:in ac;tion brought for n(„incompliano2 with such tc„;chncilogy bas(xl permit effluent limitations Jr the retAttirements of paragraph b. oLth.is condition are mo... No cicermin.„-ition made ditring administrative r(„vic.Nv of Claims that noncomplianicv \MIS CaLLSOCI by upsk4, ancl herOrC a11 «001.1 for none..:ompliance, i.s final administrative action subkiA to judicial review, h, Conditions necessary for a demonstraticm of UtilSet: A ny Pennittee who \\1i 0 0 (shiblish the affirmative clef ellSe Or 1.11),S7(1 SITA doi-kwistrate., through ployx-rly simed, cx„)nt emporaneous openaing logs, or other reliNant evidoice t hat; (I) All UpcSet isiviirred and. tl iat the Po"inittee Identir y the causOst of the upset; (2) 1 'he Pei minee facility WIS 11 the tinle beitig properly operated; iind (3) The Permittoe submitted notice 1 il tlo upset ;1S roll tired in Part 11. E. O. Poof this pen nit lo Permitkv conTliol with i;tnyronedial measures nxiiiircd under Part 11, 113, 2, of this permit, Burdol of p0.x)1 hit) CFR 122,41 (n)(1)1: If he Perini( we ..so,:iking to establish the <x..:curren.ce ci an upset: hits the burden of proof in ally C11101VC.11104 procoecling, (), Removed substatIce soms, riik.T backwash, or othe1 . 1x,).1.1ittant5 reit-loved in t Etc course of treannent or control of \vastewnters shall be utilized/ disposed of in ,'Ttccordw1ce with N CICIS 143-215,1 in a manner SUCh paNdit ally pollutant from such materials front entoing waters of the State or 1av441le waters of the Unital Si 1101 H10 Pei mittee shal.11 comply with all exist ing F(xleralregitlarions gcArerning the dis[x)sal of sewige sludge, 1.....I[x)n :promulgation of ,10 CFR Pi t 5l)3, any permit issucd hv the Permit 'Issuing Authority for the utilizot„ionl disposal of sludge may. 1.0. Version 5/2009 N PDFS Permit Stan(Lud (onnclitions )" t reopened ,'„,ind modifie(1, or revoked and reissued, to ilici)rixfirate applicable require! norms at 40 CFR 503. The Permitu_v shall comply Wit h -40 ( FR 5(:).3 Standards tor the o ird I) isi,xxsal of Sewage Sludge whch promulgate:It within the tittle provided in the riNulat ion, even if the p(Trnit is not modified ro incorpoutte the requirement„ The Perinittec shall notify the Pen -nit Rsaing A uthonty OI any significant el in its sludge use or clisl)osal prictic(s. Power Failures The Pcimitu...e is responsible tor maintaining :idequate safeguards tas required by I5A NC,^\ C 211.01241 to prevent the discharge of untreatecl or i Ilad(Z par d y treated \vast:es during do:lineal rx.iwer failures cither by means of alternate ix Aver sources, standby generators or retention of inadei uatdtel treated effluent , Section D. M onitoting and Records I.1)r(*flti1i e Sampling collectcd arid MeaSII.1 i111.Chtti feCluirtaxi herein, shall be characteTistic of the yr:Annie anti natu„re of pennitted discharge. Samples collectecl ai a frc,x.luency Ics's than daily shall be taken on a day and time that is characteristic of the discharge over the clinic pericx1 the uiij llo represcnts. All samples shall Iv hikoli at the monitoring pc.iints if ied in this permit and, unless otherwise specified, h(fore the effluent ji,„iins cit. is .diluted by any other wastcstream, body of WIIIC17 or substance. MonitOring points shall not be changed it notification to and the approvnl of the Permit„Issiing "'vitt horit y1,40 CFR 12241 (01. 2, R eport ing onitoring results cbta„ineci (luring the previous mow lits) shall be summarized for each 1110111 11 and reportecl on a monthly Discharge M onitoring Report (1)1R1 Form (\1R 1, LI, 2, 3) or alternative forms ',I-lin-wet] by the DiraJor, postmarked no litter titan t last calendar day of the month following the completc.d ro x wi ing The first 1.„).MR is due on the last 1t 1 the month following the issuance of the permit or in the case of a new failitv, onthe last day of the incitith hrillowing the commenconent of discharge. Duplic,tte 1dcopks of these, all other revirts 10„11iret.1 herein, ,shall x ubmitted to the following ,iddress: N C D N R 1 ) Water Qua] ity \\Itt tT Quality SlAtic.111 ATTENTION: Central Files 161 7 M ilSCIV1fr (ciltei Raleigh, N onh 27699- 7 3,1 iow M rei s Appropriate 110Ay measurement doric4::s and methods consistent with -,icapted sck.ntific practices shall ix- scieeteyl and used .t.1 . ensure the accUraCy' 1111drdtabil y Of 11TeaSt Ilehlelltti Of the V011.11Tle Of .1-1101111. Oft:Xi discharges. The doTices shall ix installed., calil.irated i,uld maintained to chsure that the aectlf acv O die ine',Isurerneras is consistent \Aith the accepted capability of that type cit.' device. Dojces selixtel. shalt be capalile of measuring flow,.s with a max-int-um cloiat ion oi less than 'It tr.% from the true discharge rates throughout the range of cx.p(vt(...d. discharge volumcs. flow measurement deviccs shall be accurately c.,tlibrat(YI ',it a minimum of once .y.'ear and maintained. to ensure that the -,iccuracy of the rneasurenients1S con,sist ern with the ',,iccepted. capability cif that type of device The Director shall aivrove the flow- measurement device and monitoring location prior to installat ion.. ncot 10 i4 1conderiser cooling wat Cr 11() \ 1-110111t °it'd I 7YV pump k.igs, or fximp hoiir meters as specified in Part I of this 1-vrmit based on the manufactura's pimp curvesi iall not 1 x subico to this requirernolt. cst Procedures aboratorits used for sample analysis n lust cert ilIL01 k the Division, Permit tees should contact tile Division's al :oratory Cell ifical ion ion (.919 73$-390H or 12o.cnr.st at ea us 'lab' huh) for information rcgirding kilt( watory nt,;„ Version 5/2009 N P 1)ES" Permit Standard Conditions 4°:tw 10 ()I 18 PCIS01111e1 )11(11.10 ing testing of 1 L1l-Ct1 t It k.ft pariiino (TS lutist I told I1IC appropriat L field paramocT L(lt1l 'Feist procedurcs for the anithis of pollutants shall conform to the ENG rullittic.mis (published pin -stunt to N CGS 143-215..(3 i„1„ seq.), the Water and Air Quality Rcporti„ng Acts, and to rept.lat ions publishol pursuant to S CX:7t 1011 (,31Yi1g),34FiSC, i..51z1., of the (WA tas an -tended), and 4-0 CFR 136; or in the case of sludge use or disposal, iipproved tinder u CFR. 136, unless otho-wise sixidlicid in ,40 CFR 503, unIcss other test procedures have 1x:tin specifiol in this pi,erntit 1,40 CFR 122,41 To meet the intent of the nioniftwing required this poimit„ all test procalurcs: I1ILLS1 1)1'0( ktCe 1111111111LIIII Ch:!rOd Rporting levels that 'iitre fxilow the permit dischiirge rorironents and dl data ,golenited must be roxirted t 0 t he minim!, tin detection Or loW(Ireport ing level of 11 iepro(xdurcii„ t no pproved 11101:11(„XIS it do. erminot vable of 'Achieving minimum deto-tion and rerKiirting levels lxilow permit discftirge requirernents, then the most. sensitive (method \‘'idi the lowest possible detection and nox„irting ley& approvcid met hoc] rilitst iso 5, Penalties for Tampering The Ci\VA provides: that itny po-son who fakiliesi, tampcirs with, or kncAN,ingly renClers inaccurate, ility incinitorit)g doirice or method required to Ix maintained undo- this po-mit shall, upon conviction, he punisheil 1 line of noir more than S10„000 per violation, or 1 imprisonment for not more than two wars ixir violation. or by both. !f‘ 1 conviction of a person is for a violation committed alto- it first conviction of such Ft'( ml under thi-:; paragraph, punishmall is 1 fine of not more, than $20,(i00 ixir day of Viol:JUDI-I, 01 by imprisonment of not more t I tan ti years, or both kt) CFI 22/11 „ 6„. Recorcis F„xci...pt for records .of monitoring information roActireci 1 this permit related to the Perrnittee's si.„.wage sludge use .'111(1. diSpOSa] aCtivitiCS, \s/hieli Shall F)erli UflLtl for a periocl of at least fivii wars (or longer as roluired by 40 (FR 503), the Po -mimic shall retain records of ill] monitoring information, including all calibration and maintenance records • all original strip chart recor(lings for continuous monitoring instrumentation • copies of idl Rports required by this permit • copies 0.r ,,,111 ark used to cornplete IIK ll:Oki:al:ion for this permit These ri:VOrds or ecrpieS Shall IX:" rnaintained fol 1 periii'xl of itt least 3 years From nie date of the ..sitniplc, iticasurement, report or amlication„ This polod May )x extended by request of the Dirixko a¢: time 40 CFR 122411, Recording Rcisults For each nkfusuronent or sample Liken pursuant to Me req the 1'o11, wing informai ion 110 CT R I 22„4 I 1 The (tile, ctiakl pLi& 11141 [Line Or SLunplitlg or tneistirements; b„ The \kilo perfon no1 Ile sitmpling or alc.:USAtreinentsi 1 1 he chit s) 4400e W001'1110(1 d, TIIC individliA(S) \V11() IX-14'011110i tile anal y,17;(25: C, tedinigilk..S niCi lock Llz,;cd; ;:111(.1 f. The results of such ilia yses. t )Clinittee Shall reCord 1 uspeo it( n-1, and E any The Permitio, shall itllow the Direct or, or an itut horizol repRsentat ivc (indudin 10 autl-Kirizal contract or :Kling its a r&p000001d04 0111 t 14-`. ) iro.„-tor„)„ upon the presentation 11 credo-11as iind. (Alio documents ,LS rciquirol bylaw, N. a. Fiver von the Pertnitto.,‘.'s premises .where a rmilated 1 ii1it or i„icaivity is Icx„,ated or conducted, or where records inust I„)e kept under the conditions of this poiintri. Version 5,2009 NPF)FS Permit Standard Conditions '18 1), 1 ve ,'LliCaS to and copy, 11 reasonable times, any records iliii ITU:1S1 IX! kept 111(1(T OW emu:lit-ions of this jAir mit; c. Inspect at reasonable! times iu-ty feted itiCiS, 0 IL61)114CW (int hiding )11kinitoring and (..7ontrol practios, or of-x.1-x' icitiS regulated or requirecl under tills pcfruitt; and Sli.imple or monitor at n....!'atiOTTAAC (I a-ICS, for the purposes of Lissuring permit compliance or "AS Of 'ICI \\i„se authorizal by the ('A u i ubstances or parameters at icily' [()0ation 140 CFR 122/t .1 (i Section F. Relxvting Itequhrn 1. Change in Discharge All disclurges authorized herein sl oll be consistent, with the terms iind conditions of this permit. The discharge of any pollutant identificd 111 this ix.frnit more frojtiolthr than or at a level in excess of that :authorized shall constitute a Violation of the 2. Planned (hat)4 Thc l'ermitlo„. shall give notice to the Director aS x Al 3 possible eif any planned physical alto-aticA is or addit ions to t he ix1'mlt1d facilityl it) CPR 122,,4 N ot ice is re -wired only \-0 let. `lhe ',dteration or Alclition to a permitted facility nuy meet uric or tile (Titola for new sources at 10 (1 122.)9 11))°, or h, altet-at ion or cx„)uld s1L4nificantly clutige 113 nat t (ar 100 ease the (1.1 r;111 of FX. arltS discharged. This notification apti-ilics to 1-x. Alta 'ants subieo neither roLIfluent limitations in the pamitnor to ni)tific Ilion re( luircrrients uncler 40 CFR 122/12 (a) (1), IlL alteration or -.1cldition rcsults in a sipilieant change in the Permittet:s sludge use or dispos;11 prjCi: 111(1 such alteration, .:,tdclition or ci unge n ray justify thc 'application of permit conditions that ',ire cliffercur from or absent in the existing permit, including notif lc:Anon of addition:A use or CBS.] ',X ISO Si1oS not reported during ilk' ponlit zipplicat ion process or not ft1Xork.f.1 pursuant to an :11.)proved kind application phui. 3, Anticipated Noncompliance The Pcnnittee shidl give- itelviinee nonce to the Dire- lor of July planned changes to flierpet-wino 'act ` cr activities that might rest ilt in not icompliance Wit II Ole permit HO CPR 122, il (2)1. 1"ransfers This permit is not transferable to any person without ippio il from the Dira-tor. The Direeloi may require modification or revocation and reissuance (),1 the permit to document tlochange of ownership, Any such action may incorporate c)tlICT require -molts as may be necessary under tl CWA 14() CFR 122.41 (1)(3)1. 5, A,1 °nit orhig Rclxots Monitoring rest tits shall Ix reported at the intervals specified else-Mk:re in tliis permit 140 CFR 122 ,t1 tO) ;71., :Monitoring rcsults must be rcport(3d on a 1) ischarge Monitoring Report (1)MR ) (',o Part El. D. 21 or fora provi(c(11)y Mel) ii ect or ror rcvx:Al lI3. results of mot* oring of sl ue t ise or dispos',,t1 practices, If If the Permittee monitors any politttant more frequoltly than raluired by this permit, the resi tits of s 1 ionit ()ring shall be included in the calculation and re_Ixotiiig of the dal 1submitted on the 1)(k,IR O. Twenty-four Hour Rci-.)orting a. The Peftnittee slt dl report to the Director or the appropT'kitle R (1)1TiCC UIV 17incompliance that Anntiaily 1111 0.)1L1i 11011111. his7;alth („yr the environment. Any information shall provided (wally within 24 hoUrS frcon the time the Permittoe hoenme avicure of the circumstances. A written stbmission shall 1.1so 1)rovid0.1 within 5 (tty,s of the tiine the Permittee become,„'s aware of the circumstances, Thc. written submission ,shall contain a description of the noncompliance, ;-,tid its cause, the period of noncompliance, including exact du'. ul&i times. 'Lind if the noncompliance has not lx,u corrected, the iinticipated tittle it is expecto..I continue, udsterls taken (A —planned to reduce, elinlinate, and prevent recx,:currence of the 11) mco111plieuac'e140 CFR 122.41 11 (6)1. Version 512009 ine 4 hours r r. r)368 f nemcOITF 1. The r -e at the vV<<ASEe lticla ,are <rl normal in guar clu ac`t digester: t9ae l laca as l tt t �_af ,t ltw of h rardous strkntanLe through the facility; Or le Div ecl under t',ur 1 circurnst r.nct . Any prcx.:ems unit failure, clue 1 astewiter tre,ltinent such as nriC"li:ani c Any failure or a I nc is l l)utlllati, t feac'ility r(:talti gall or any portit,)n of the influoit to such stir Ion or y, such c?c('lfrr & r`rccc by also file a \vrit nfici nt ial to undo: .N C,G S tat any` j)ersc)n y lto kracrvvir )n"s F iii fthi r.xt ita t,nifican amounts t0f S a sludge isual cent ificc Version 5/2009 N PI)I Pernik Standard Condit ions of 18 The report shall providal no later thin sixt y afto- the end It the calend r or fiscal year, divending upon which ,ininual 1.-xliriod is used for evaluation, Tlae rerkirt shall be serif to: NC DEN k/ DWQ / Central tiles 1617 Mail Service Colter Jkaleigh, NC 27699-161.7 PART III OTHER REQUIREMENTS -tion A. Construction 1 iie Perrnitlee shall not, commence wrists UCtiOn. („)f. WatiftWat o Wan-1104 1 ocditio, 1101' '‘,1(.1(1 1.0 the plantWean-Dent capacity; nor change the treat molt proce-,:s(es) utilixcd at the LH:wit-lent plant unless die DivisOn has issued an Authorization to Cimstruo 1 AtC) permit. ksuance of an A tC will not occur until Final. Plans Spoaft(Aions for ilic proi)os(..d construo ion have tx,:tin ;submitted by the Perrnittiv and approved by the 1:,)ivisi0n. Section B. C.' mundwater Monitoring The Perniittee shall, upon written notice fr(...irn the ['lira -tor, conduct groundwater monitoring Xi tilay dtlefIllitle the ccimpliance of this NPDES permitted f.tcilit.y with the current groundwato' standards. Section C. Oranges in Discharues of Toxic Substances '1 he Pc ni11t'sh 1l nutif) the Pon )1'14- Isst ling Authority ;is '0<X)11 as it knows >W hats rc)>>n to I (-10 (FR 1 22 12): a, Timt activit,y kis („vcurrol or will c)CCUr \\3 Add result in the li li.ii go 01 a routine cir frequerit 1-iasis, of any toxic pollutant which is not limited in the poinit, if that. disci large will CHCCIA the highcst of the " ni.„)t ificat ion levels' (1) („)nelikittidred pc.7r lit c‘.3' (10(1 [kg/L (2) Two hundred inicrograms per liter (200 ug/L ) for acrolein and :',Icrylonitrile; five litincliffl micrograms per liter (50) itgl 1, ) for 2.4-dinitrophenol and for 2-mei1ly1-46-dinitropheno1; and one milligram per lito- d mg'1. for ant. non y; (3) Five t itries t he maxi int concent rat val Lie I>>I' that 1X)11111 1nt 111 Ole IXTrailt That Ltriv activity has occurrecl or ‘‘ill occur which \ktiulcl r(sult in any discharge, on a non -routine or infrequent hasis„ of a toxic pollutant \\filch is not limited in the pcTinitif that tlischarge exectd the highct >1 the following " ificat ion levels"; (1) Five hundred micrograms p(ir liter (500 pg/1 1 (2) One11lilli1U11per liter 0 nig .) fi 01110>itty; (3) Teti nmes the maximum conco ‘it rat kill ValLIC report cd for that pollutant in tile IA111 f lCariOn. Section D. E valuation of Wastewater Disci -large Alternatives he Permit t \V-I,SiC‘VaP ( X';'al all 01 iN`C",,' and plastic the n-kxst ronmen tally sound idternat ive of the reasonably cost cfral iv0 alternat ivcs, 11 the hied itV-iS ill substantial non-compliance wit h the dims ;mil conditions of the .N PD FS permit or ,goviming niksreigukil lolls or lims, 1110 Permit tee shall subinit it report in such form 11-1(.1 detail IS' re( pired by the Dion evaluating titese crnat ives uiJ i plan of iiction within 00 days ul not if icat ion 1y t Section E . Facility Closum Requiroments 1' he Pennine(' must 1101ify the Division at least 90 clays prior to the closure of wastewfater treatment systetn c(>veral 1)y tills inhl, 1 ho r)ivision inay reituire specific nimstin;_.s during cle.ic tiv:it ion of 1111 xto11 to prevent advo-se iiiixo 1 >1 \VOLTS 11 lhc Sti,ile, This iximit cannot 110 rescinded while any .',.ictivil ics 10111111114 this peril* ("Grain], le at the permii Led facility. Version 5i2009 N ['DES Permit Standard Conditions H 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions addiii014 10 ilkdefinitions in Part II of tIic I!ywing definitions i.ipply to municipal facilities: indirect Dtscharge or Industrial Itsty Any non-clornestic source. this discharges VsliStekViller Containinp, polluti:ints into a PO'l \X! regulated under 307(1).), (c) or (di t C,AVA, 1.40 C,F.R tft) (i)and (j,t1 Interference rthibitiern or disruption of ch.c pcyrw treatment processes; cryrratiortsi or its sludge pnicei&s, use, or disp.osal which tit 'lists crr contybutes to a violation of any requirement of the POTWs NPfiliS Permit or prevents sewtge sludge use .c.).r disposal in conTliance with specifityl tp icabk Su t" and Fa.leal statutcs, revtlations, permits, I I5A .N CAC 211.090.3 Oa) 03)1 'lass INrotiIi 0 A atrc which exits the P0tAX:1 into writers ot the State in quantities or concentrations which, ',done or witli discharges from other sources, causes a violation, including an increase in the ntagnitude or duration of a violation, of the POJAV's N P DP, !ri permit , or of an last re,1111 Wirer quality standard. 11 5A N CAC 2H ,0903 (b) (23)1 P ubliclv 0 wile( 1 Ireatlncnt Works (PO1'\V) A treatment works as defined 1.")y Section 212 of the C.1WA,, mried by a State or local governtnent entity. This di inition inclucks any devices and systems used in the storage trciatniet, recycling and rotr:lamation of municipal sewage or industrial kk1,1SteS Of a liquid nature. It also includes sewers, pipes, rind other conveyances only if they convey waste\miter to a POTW. 'file term also means the local government entity, or municipality, as defined in seittion 502(4) of the CWA which has iitrisdis ion over indirect discharges to and the disd urges from such a t rets molt works. I 15.A N CAC, 211,0903 (b) 2.71)1 'Significant Industrial UstY" or "Sit I" An industrial user that d„ischi;u-ges \v,istarer into a publicly owned treatruent Nvorks and that 1 5A N CAC 2f1,0003 (b) (3,1 )1i (a) disc hargts itn itveri,ige of 25,100 gallons or more per day of piaxass wastewliter to the P(I)TW ((ix -eluding 110i1C0111i10 bOlier biCANXIOW11 \‘1,151i,,,,W,11e1S) ori (hi corm -butts more than 5 percarnt of the design How of the POTW tru,triment plant (pr more than 5 percent of t he maximum rdlowable hendworks loading of the POTW treatment plant for any pollutant of concern, on (el is required to meet a national caleitt)rical 11001-4:111110.11 Staridacci, Or; tell is, regardiess of Parts trn, 0-0, and (0 of this (tef inition, otherwise deterrmined by the POTW, the Division, or the 1/ PA to have a reasonable i)otential for achaysely affecting the POTW's operation or for violating any pretreatment' standard or riAluirement or liOTW's receiving strciro standard, or to limit the POTW"s sludge disytsal opt ions. Section IL Publicly 0 (POTI, Ali PO'F\Xls rtre rcquired to prevent the introduction of p.)Ilutants into the P(..ftAX,' Witch \kill interfere with the open:akin tit' the POIAV, including interference with its use or disposal of municiptil sludge; or pass thronOt. the [rest tient wit„trLs or other -wise be incompiitible with such truthtient works,. 14) C.FR. 403.21 vide adequate notice to iNc Direct( ( )1 iNc folichking1,1(1 CT R 122.42 (I ))1; Version 5/2009 \ P DES Pcrinit Standard Conditions t[3[-„[e, 15 or 18 Any um introtlitaion of polluu,wits into the P(..)T In„)tri an inelirect discharger', including pump [Lind haukd waste, .whi( h, wv)ulel 1.-)e subieet to sevtion 301 or 306 of CWA if it 'wo-c. directly clischarging those pollutants; [And 2. Any sullstantial chnge in the voltiltle C/r ChafaCter Of [X)1111tail1S 1)eing int1 y1ue(1,1 by all indiav-t discharger as influent to that PO'f AV at the time of issuance of the permit, 3. For purpos(„ts ()1 this prawaph, [idequate notice shall include information on (1„) the quality and (-lion( itynt ef fluent intr(ducal intc) the PCI1W, [ind (2) any anticipated impact tImr may result front the change („[Il the quantity or quality i[if (filiient to be discharged train the POTW, Section C. NI unicipal Contml of Pollutants from 1.min...di-LA IJscis. Fifluent limitations are listed in Pan 1 of this ix[rrnit. Other pollutants [ittributabic to inputs from industries using the inunieipd systern may Ixt. present- in the. Pi[Tinit tee's discharge ..\.t. such time as sufficient information becomes [ivailable to („-stablish limitations for such pollutants, this permit nu 1-)e revised to spedly effluent limitations for any 01 ill of such other pollutants in [,icctodariee with practicable ti[x:brialogy or water qualit y standards, Pnihibited 1:/isclo[u-ges 111-00- 110 C1.1.1.111118tarl(1:S ,Shafi t 1 R.,! Permittev allow introduction of pollutants or discharges - t 11c.! w[aste treatment systelt1 Witift C011eCl1011 SyS1 0T1 vd 111 h('11ILSC 01 CCyntribute to Pass Tlin, [ugh or 1 itterf en_Tiee as definal in 15A N CA C 21,1,0900 and CFR 163, hit) CFR [l03,5 tat (1 [1 0. Undcf no eircumstatice shall the Permittee allow int roductit.in of the following wastes in, the waste treatment or waste collo:lion syston [40 CFR 403„5 1. Pollutants which creJtc a tire or explosion luvard in the POTW, including, Nut riot limited to, wastestrAms with a cic[seti cup Flashpoint of le,[6 than 'kit) dc[grocs Fahrenheit tir 60 degrees Cent ip-ade using, t he I c,„-s't methods specified in zit) CFR 261 ;21: Pollutants which caitse earrc,isive stni(tural darnage to the PC )'I but 11 no c[ase distharges \kith p11 lower tiaan Llt 111.ti 1)IC wtoks is sp[xifically designed to accommodate such discharges; 3. ,Soh0 or visams rx.Autarlis111 wilounts which cause obstruction to the fki)W in the p(yrw rt[sulting in ,Inti[Tference, AnV pollutant, including oxygen demanding ryAlutants etc) R[leased in a Di,sc barge at a flow nite and/ or pc,illutant coneentratiima vellit[h wilt catise Interfc[rence with the POTW[ 1, Heat in ;Amounts which will may inhibit bieilogical activity in the PC.Y1W resulting in 1 ntofcrence, 110. i„n nit case heatin such quantities that the temyvinture at, the POTAX,"cantinent, Plant exceeds 0`X.: (104'Fl) unless the Division, itix[in nxiitest of the POTW„ apprcives alkintite kmperature limits; 6„ Petroleum oil, nonbicrdep-adable cutting oil, or products e[f mineral oil origin in i[linounts that will cause .intofere[nce or tyass through Pollutants which result„in the presence of toxic gases vapors, or 11u110i within the POTW al .1 qt„ iantity that may ctILISe 10.110 V.T)rkti- healtli and safety problems: Any trucked or haultd pollutants, except [it discharge points cksignated by the purw, Permittee shall investigate ti 11. source of all discharges into 1111. WWTP, including slug loads and ()tlto- unusual discharges, which have the potential to adversely impact tIK pen -flirt ces Prcreat ment Program and, or the opo-at ion of the WAV1"P, The Poinittee sl tall report sucli discharges into t WWII) to t he I ) irector 5 the a[vropdatc R *anal office, Any infcirmat ion shall Iv provided orally wit hi,n 21 hours from the t ime 1111. Permit tee bIL[canie aware of the cirminstances, ,A v[Tiitcla st bmission shall also 1)e provided within 5 days of the time the Pern tit t ce becomes avirc of t he circumstanceN„ The written submission 41[111 cont[ tin a (1(SCript ion of t he discly,irgc„ the invcst 411 ion into possible sources: the period of 1111. disci Large incl [ Kling exact dates Version 5,2009 NPD F S Permit Standircl Conditions Faw 16 01 18 and findif the disc 'large has not ceasal., the ant piloI time it is expected to continue. and steps taken or planned R) ratuce. eliminate, and prevoit. rot:recurrence of the nonconapliariexi, With. regard to the effluent requirements listal 111 Part„1 t.lsi,-)er.rnit, it maybe. necessary for the Pmitice to supple lic requirements of the Falo-al Pretreatment Standards 040 CT R., 1).',44 ,:103) to ensure complii:ince hty the Perinit t 'vkit h. all applicable elfluent limitations. Suc11. actions by the. PeTinittee may be nwessary regimling some or all of the industris disc It irging to the municipal si,i,tstern. lite Permit tcie shill require any industrial discl larger sendaig its effluent to 111C Viallitied 8y81(.1111 tiTICO 1 0.1Cral P1 Ci re11i11011 SlarldardS promulgatal in ri.isponse to Section 307a) ), of the AO a•-•'; atikilded 1-AV1.1.01 includes categorical stanairdstnd 10(.Aly defiVOCI 1in:111S '1Uld 1UflratiVe ratuironentst, Prior to iiiccepting \vast cwater from imysignifi(.int ittdustrial user. the Pen nitt eie 0 oll oit lio develop iinel submit to the 1„)1\a,SIOn new Pretreat matt Prcigrain trr imxlification of 111 existing Pretreatment Prog-ani, for approval requirecl under sal ion 1-) 1 x40W Wi211 ;.1S, 15A N CAC 211,0907 (a) and OA 14(1 C.FR 122,44 'this permit shad ril(Kfiriedi or alternat„ively, :revoked and. reissuecl, to incorporate or modify an. approved POTW Pretreat moat Program or to include it complit:ince schedule for tlioclevelopment of a POTW Pretreannent Pro4-am as required under Sevt ion ,:1(12 0.)) (8) of the MA and implementing ra.tuliitions or by the ra [Ulf ements of t he approved. :7A:it c pretreatment prow.a.m, 1 appropriate, Scction D. Pirtirratrwat Prognuns linda hority of Sa7tions ,30 (r) and (c) u1d i02 (1r) (8) of the CWA and Intl einem ing regulations 0) CFI 403, Nortli Carolina Clierk'iral Stitt 1110 113-215,3 (04) tuld implementing reigulatk)ns 15A NC,iN,C 21111000. :ind in accordance with the approval pro:real molt prograrii, till provisions and regtikrtions contai nol nd referenced in the Pro reatinent 1)rogran1 Sul malt bit are an enforceable part of this pontit. lzin C. 122.44 (1) (2)1 The Po lliltoe .shall (t)polite its approved pro re -smolt pni.igram in accordance with S01.7t ion 402 (1.)) (8) of the (AXIA, 10 CFR '1:0„3, 15A NC,/,\C 211.09(10, and the legil 1111 horities, I1OIK i01, procedurcs, ind financial provisions contained in its prareutinent program submission. and Division iipproved modifications therml, Such operation shall include but is ricit limit al to tile implementation of the following conditions arid raluirements, °rams not defined in Part 11 or Part I V of this pennit are as defined in 15A NC:AC 211,0903 and 40 CFR ,103.3. Sewer 1,1se Ordinance (SUO) The Permitteie rnaintai) adequate ti.11 ituthority to implanent its approval pretreatment progrtim. 1.15A N CAC 2E1,090' anel .0906; 40 CYR/03,8 (.1.) (1). and 403,9 (1), (2)1 ndt ist dal Waste Si trvey (IWS ,) sitall implement in I \XIS consisting of the survey of usos of the POT \Xil, rcquired CI"R 03.8 (1) (2) and 15A N CA C 21.1.09051i1lso 40 CT R 122.44 ( incli Kling identification of all industrial 1.„tsets iind the char act a- and anyitint of pi:Mutants ontribukiiel tt) die POTW h il iese industrial users and ident ificat ion of those industrial uso-s matting die definition of Slit. The Permit ice shall stibillit Simi -unary of its 1WS activitic to t he Division at latst once eNery five years, and as required by theiil)ivision, The I ws isubmksion shall include a stiminary (if invcist i)4at ions conducted kl11(11C1' 1Y11l.L1-11p11 11, 2, c, Id 1 his Pan. 3. Nionill Ir100, Plan The Permittee shall implement 1 Division -approved .Monitoring Plan for t.he collation of facilitpailk data to be u.soil 11 t WaSIO,VittCT If ailment plant 11 eadworks Analysis (11 WA ,) l'or the development of specific pretraatment local limits', .P fflueni data from the Plan shall be rcportal on thel.)MRs (ati requital by Part 1.1, Sect ion. 1..), and Sal leo) I,,), 1.15A N CAC 211,0906 (1) (.2)111'1(1 .09051 Ileadvam-ks A naksis (11 \\ \) ',aid Lucid 1 intits Tile Permit t ee shall obtain 19 iviskin iipproval of 1 11WA at least once e_ve.Ty five years, and as required by the D ivision, Within 180 (lays of ( he! elf alive elate of tl tis lxirmit (or any subseqt.Kni permit modineat ion ) he Permince submit roil r)ivision \\Thrall 01. IIII1C,L1.1 CV311.116011 1)(.' tloAl 10 revise local lirnits (re., an Version 5/2009 NPI)1 update A or de x uata ntaaticlrl of y one is not nom-le-x)14() C dF1 22.441. The Po -mitt accorclanc.exx°ltIt 40 CFR 403. (e;) [tnd 15A N CAC 21+0909, specific al Bruits to i prohibitions listed in 40 CFR 403.5 (a) and (b) and ISA NCAC 2H.0909. 1 ac,iaistrial „User Pretreatment Pernmits (I1. $4. Allocution Tables rdance with N CGS, 143-215, l ittev, shall issue to all sign ?l f t trc 'catmint equipment and c:l e h tr tx to the Permittc 's treatment woks. cant tln lit't #' ttic s, sampling prcxc.x, ol4, report rex tir tl nt , appropriatestandard and spvial and cowl sr ltc't:ia:.dc s aas nex e tisary for the installation of trenirnent and control tozhnologies their Wastesxlatcr clisclrrr ,,n: will mt a all applicable) rt re t c t, standards rind r°c l`caire `aaeitts, The sluall maintain a current Allocation. Table (1'I') which sun-a-cri e s the: results of the I-IWA and the l.in Al IMJPs. Permitted ,IUP loadings for each patrantctcr cannot mcr l the tre lnirnt capacity of the PO'i`\ % cletcrnluncd I) the tlWA. 115A NCAC 2H.0 )09, ,091(, and 0 T1.7; 40 CFR403,5 03,8 (0 (I„) (iri); (\CGS 21 5.(a7 the A I`he Pc -ntittr shall ensure tlttlt car At.it. users for the constn.,act:ion or niodif proposed proreAatrlunt facility and t:r`c Industrial User Pretreatment Permit (11TP) 215.1 (a) (8)1 appro 'oa11 P ern i a_ Inslx l.a. o C,ca onitor l aticnn to Construct poi, lit (AtC) is n of any pretreinnent tadlaty. Prior zrcxxrw.s must be evaluated for 15A NCAC 2FL0906 (h t pra 'asx<atzrrettt. program 1tr tlrcac t to Crcterlrrt ce x itln aapLnlicable pretreatment standards 1 SI [.)s at least cm 1SIts<,tleastt 5A N CA l .r yea r• at1c1. rran aact`iv:ile t of informatiotn 2110908 (c1); 4() all Ix'rinit iiaaaitexl Qe llu the period .ft'c:Jrxn uly':i tl compounds 'Mhl;ticln shall lx s. ntple l cnncc per calendar Tear, is cmorinlx a,.aatcl " r lc ttrs ills tylxs crf compounds l.kstod in 4(l and IF, as amended, SI LI Self Mix torrng and Reporting Pa-mit tee shalt require all undustrisal users tea c_orntply aid`t tlae applical tneitts outlined in the Division -approved pretreatment program, the inch, 5A NCsAC: 2F1.O9O8. 115A N CAC 21 ,0906 (b) (4) and .0905; 40 CFR 403.8 122.44 (j) (2)1 9. h; nforce n nt. Res The PuTnitt ce shall lni.oanulgued pursaia standau°ds its set forth in enforcement anent actions shall 115A N CAC; 214,0906 (b) (7) Plan (F RP) and obtaau. cal rc>lnit ate e rane liesfs 1r t olatitnns of all pretr ,ttnletat standards ex'tion 307 (Wand (c) of t:hc C.V( A t'1O C 14 R 405 et. seq.), prohibitive discharge R 103,5 and 15A NCAC 2H.0cX)9, and specific; local limitatic}ns. All ent with the E nforcc ncnt Response Plan LE RP) approved by the Division, )5, 40 CFR 4O3.8 (f) (5)1 industrkil At.C, the haply with all NCGS 143- lied in its f)ivasrc al by industrial users, 4O3.8 (f) (2) (v ),1 The .e during tl1e; l iex1 'aril; r 31, cxccpt. `loses of this i),'I'ablcs IC, i reporting atmtuI0 and (2) (i}i), 40 Crv:FR. Prctreatimi al A1tr1a"cart Reports (PAR The Perrmittee shall report to the annual reports, a'vIexlified Pretreatment faro submit a partial ,eunuch report or to neat. wi,itla pretr atment ra juire hems and ot.lier pret.re:<;at:neat lance 1t'h 15A NC rl under 15A NC ivision pc rrsonnel peril' tplernentaat'lclra asncacs. Version ^2009 e) acti' PA ) desert ;trig address: NC DEN R,/ DWQ,F Pretreatnicn 1617 Mail Service Center R aleigh.. N C 27699 1617 ports shall be subrnittcd •aaccc, A brid (SN Pretreatnicnt Program an), Sui inaai A pretreinnent progrun,summa tIctt)1.NCcnta 1i.1 acai N1)1:)PS'Permit SLu' y ..csponsc..aux} Colley t ing to a sclx lu is'ion, noti. Iron' sa 1. ndustrital 1 the Auxi is (1DSF) 0ltectc(l by both tl t;.at Summary I ornts '1,N,° allocation SNC, and any other tt nc ed to determine compliance with the Public Notice 1"lac Perinittcc shill publish artne.ally as approved. Se er 1.)se 0 twelve month period. 115A NC AC 111.0903 (b) 65), .(Y)Q8 I2, R&xor .} K(wing e rnuttte shall rct atn fc t t n ininmum of three yeas r la} c>rt xnl"tw>rn> ttion including :x-aeral records, water quality r PO'RV, 115A NCAC 2H.0908 (f), 40 CFR 4()3.12 (o:;il copies of a 'e rap )nths to) .pprc;>ved by'thee Division; } 1 Conditions yar,I , I8.()t are'nt Annual 4$isie)n at the F:R( t N on -Compliance POT\X/ and the $}li:im °I'hc: e analytical r(-rsults must NSF) or other .spu t is format approved by the 1ntain adcqu a e C15A NCAC to--1,a` Prctriaitment Prc.> arts Mcxliflc ttic)r`rs Cc) the approved pretreatment 1 tti narri ineluclin} but lot lira: POT \V n.rarr'toting of their SI Uis, and. is., Monitoring .Plant .modifications, shall be consi modification a and shall be i overncd by 15 NCAC 211.()1.14 and 15A NCAC 214,0907, )n requu cine is of this t SNC a as ddine. mts and ,stan tr)ntlts of the applical 403,8 (f) (2) (vii)l onitor ng act public s Div'isit n- p'cevic)t s th period, industrial iatipict on the Id staffing levels tc) as k, mplish the objectives of its approved and 0905 40 CFI 403, (f) (3), 03.9 (NO Version 5/2009 Michael F. Easley, Governor William G. Ross, Jr,, Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Coleen Sullins, Deputy Director Division of Water QuaIfty DIVISION OF WATER QUALITY June 29, 2004 Mr. Tom Walton Rowan Associates and Mercantile P..0. Box 664 Morganton, NC 28680 Subject: NPDES Permit No. NC0061034 Rowan Associates & Mercantile Rowan County, NC Dear Mr. Walton: Our records indicate that NPDES Permit No. NC0061034 was issued on June 15, 2004 for the discharge of wastewater to the surface waters of -the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of -the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge, Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sarnple types and sampling locations, Upon commencement of your discharge (or operation), you rnu.st initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. Ifyou have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form. MR-1), plus instructions for completing the form. It is imperative that all applicable' parts be completed, and the original and one copy be submitted as required. Please be advised that an annual required for your facility, You will soon imperative that the fee he paid in a timely revocation of your permit. The remaining parts of the Per Customer Service 1 677 623-6748 administering and compliance monitoring fee may be be receiving a statement from our Raleigh Office. It is manner so as to prevent enforcement action or possible Division of Water Quality fo .h definitions, general conditions and special 919 North Main Street tVlooresvilie, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 conditions applicable to the operation of wastewater treatment facilities and/or discharge(,$). The conditions include special reporting requirements in the event of non.compliance, bypasses, treatment unit/process failures, etc, Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment- facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must. be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period, Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Perrnit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of yow- NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. ere y, 9 F(11--:9 D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure AANPDESLTR.WQ Mr, Tom \\`:: Widton Rowan Associates and \tr antilc P.0, Box 664 Morganton, North Carolina Dear NIT- Witlion: 28680 Michael F. Easley Governor William 6, Ross, Jr Secretary North Carolina Department al Environment arid Natural Resources Alan W. Klimek, P.E, Director Division of Water Quality e 15, 2E/01 64 W,t, • al Subject: Issuance of N.PDES Pc nut NC0061034 Rowan .Associates & Mercantile Rowan County Division personnel have reviewed and approved your :application for renewal of the subject permit, Ikceording/y,.we are forwarding the attached NPDES discharge pcinut. This permit is issued pursuant to the requirements of North Carolina. General Statute 143-215.1 and the Memorandum .of Agreement between North Carolina ;ind the U.S. 1rivironmentiii Protection Agency (tared May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on April 14, 2004. This prtn1r uidud&s a TRC limit that will take effect on October 1,_2004, 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 dui' ty (30) day following receipt of this letter. This. request must be in the form or a :written pennon, conforming to Chapter 150B of the North Caredina General Statutes, and filed :with the Office taf Administrative 1 Irarings (6714 Mail Service (enter, Raleigh, North (Tiarolina 27699-6714). 1..,nless such demand is ,nnice, this decision shall he final and binding: Please note that this pernut is not transferable except after notice to the ',the Division may require inodification or revocation and reissuance of the permit. This pertnit does not affect. the legal requirements to obtain other pertnits which may be required by: the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other ',Federal or Local governmental permit that may be required. If you have any questions concerning this permit., please contact Dawn Jeffries at telephone number (919) 733-5083, extension 595. cc: Central Files Mooresville Regional Officei/Wiater Quality Section NPDFS 1 nu N. C Division ot Water Oualily NPDES Unit 1617 Maii Service Center, RaIeigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Sincerely,. ORIGINAL SIGNED BY IYIVYY151ePtiti,"?; Phone: (919) 733-5083 lax, (919) 733-0719 DENR Customer Service Center:1 800 623-7748 Permit NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215,1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management COMMiSSiOTI, and the Federal Water Pollution Control Act, as amended, Rowan Associates & Mercantile is hereby authorized to discharge wastewater from a facility located at Rowan Associates & Mercantile 905 Webb Road Salisbury Rowan County to receiving waters designated as an unnamed tributary to Town Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements., and other conditions set forth in Parts I., II, 111 and IV hereof. This permit shall become effective July 1, 2004. This permit and authorization to discharge shall expire at midnight on June 30, 2009. Signed this day June 15, 2004. ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission NP1)L SUPPLE ENT TO ER IT COVER SHE apt+ ne a zt 1)eIr1r n this, to for tr soft this nu e_ludtd h rcin. r .ri Ass Associate& Mercantile is hereby byati t CO IO} reby, rep=e the. rRt wIlicri nt; , td 0: ca : e to operate an existia g 0.0062MOD ast t r tre .tme it its following omp n iit Dual .lseptic- tanks ► Subsclrface sand filter ► Chlorine contact chamber with t bl t c lorination D. c:h.lor n .ti ai p aeration f eilit ' is local d at 905 Webb Road at the Ro Associates M rc ant& P eai Salisbury in Rowan County. flltt 2. Disci). rge o said treatment works at tl location specified ot the att ached inap into an unnamed tributaly to Town r ek, classified C waters in the Yadkin -Pee Dee River Basin. AR C, PaIt4 Latitude: Longitude: USES Quad #: River Basin #: 35°35' 45" 80 32' 05" E 16SE 03_07.04 Receiving Stream: UT to Town Creek Stream Class: C Rowan A►. ociat es & M+errae NC0061034 Rowan County NCOO61034 A.. 1. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Perini -ace is authorized to discharge .from outtall 001. Such discharges shall be limited and monitored by the Perniittee as sprettied below: EFFLUENT CHARACTERISTICS ITS Monthly Averas Flow 0.0062 MGD CNITQRING REQUIREMENTS Daily Measurement Sample Type aximum Frequency BOD, 5-nay (20' L 45.0 Weekly Instantaneous Sample Location nfluent or Effluen 2/Month Grab Total Suspended Residue 30,0 mg L 45,0 mg1L 2/Month Grab NH3 as N (April' 1 October 31) NH3 as N (November 1 - March 31) Fecal Coliform (geometric mean) Oil and Grease 6.7 mg/L 33 5 mg/I Effluent Effluen nth Grab Effluent 30.0 mglL 35.0 mg/I 2/'Month Grab Effluen 200 / 100 m 400 / 100 ml onth Grab Effluent Total Residual Chlorine' Temperature 30.0 mgtL 60.0 mg/L 2/Month Grab Effluent 28pg/I Meek Grab Effluent Total Nitrogen (NO2+NO3+TKN) Total Phosphorus pH Daily Grab Effluent Quarterly Grab Effluent Quarterly Grab Effluen FOOTNOTES: 6.0 - 9 standard units 2/Month Grab Effluent l . Limit. takes effect October 1, 2004. Until limit takes effect, the permittee shall monitor TRC (with no effluent linnitj.. There shall be no discharge of floating solids or visible foam in other than trace amounts. !iTANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions PART II NP.I„)FS Pem 21Motith Samples are collected twice per month with at least t&'n calendar days bcrween sampling events. 3/Week Samples are collected three times per week on three separate calendar days. 'CM en tS Paec loll Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water „Act, as amended, 33 LISC 1251, et. seq. Annual Average The arithmetic mean of all, "daily discharges" of a pollutanteas :ed during the calendar year. In the case of fecal colifonn, the geometric mean of such discharges, Arithmetic -Mean The summation of the individual values dividedby the number of individual values. tiwass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facilir, Calendar Day The period from niidnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar One of the foliowing distinct periods january through. March, iNpril through june, julv through September,. and October through December. Composite Sample „A sample collected over a 24-hour period hv continuous sampling or combining grab samples of at least 100 nil in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The ector may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-bv-case basis. Samples mai- be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single,, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples: collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals, between samples determined by a preset number of gallons pa,ssing the sampling point. How measurement between sample intervals shall be determined bir use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment s stem, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken Atintervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 0 0 In accordance. wtttl } al ovc, intluetit grab samples s. E.fflucttt gr.,ala wtt falc.°s shall ne t lte collected more than once per hour exec having a dctentiturt rittae> of Freattcr tla'an 24 hour;. In such cases, effluent grab sam envals evenly spaced over the hour faar c cl tlt€.tt arr e:clu�tl itt raun'iber of hours to tl ntbcr cif days, However, tl )umber of s; 'tnlIles less than four durin 24-hour samplin hat occurs withcmt ir terruption thrc:. ugh nit ally except for tltt^ infmmrcluent. when there mar 1)aill Discharge '1`hc disci urge cif as pollutant treasured during a calendar day calendar day for lat'poses of s,atn'hling. For pollutants measur the total mass of tlae pc;rllutant discharged over the day. The concentration for a 24-hour sampling period as eitl'tet a ectrnposit grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily dischatrge a :c per hour. s may not exceed ms the ilirv, Flow shall he equent rnaintcnance 24-hour period that reasonably represents th.e it• of mass, the "daily discharge" is calculated as barge comprises the mean Daily Sampling Parameters requiring nail sanapiing hall he sampled out of ever lr " days per week unless otherwise specified in the permit, The Division expect, that sampling shall bc conducted on c:ekdat,s except where holidays or other disruptions of normal operations prevent .weekday sampling. 1f sampling'. rcd for all seven days of the week for any permit parameter(.), that reguirennent will be so noted on the .Effluent .1 nitrations and Monitoring Pages a DWL or." I)ivi ion" 'rite I)ivisiotz of Water (, Department of Envnontnent and .Natural Resources. LM(. The North Carolina En•<iro'nmental .11. Facility (1cr'urc The cessation of wastewater treatment at a under the NPDES. Completion of facility cl t Commis tnitted lure ail or tlae ccssaticatt of all activities than require coverage - this pertnit to be rescinded, product of the individual Vtlues where \ = the number of calculating the geometric mean. 'values.. c>f ""0 Crab Sainp,la lnehvidual samples collected manually, Crab samples must be representative samples). dual values. For purposes of [detection Icv l ") shall he considered = 1. 0 nil collected over a taeriod of t Hazardous Substance Any substance designated under 40 CFR Part 116 Iiursraant to Sect.. Instantaneous Clow me 1 measure of flow to cli.chzargc. -rab samples can he discharge (rtr the receiving stream, for instream be represcnta Version 6/20/2003 NPDES Permit Requirements Page 34)i I !rir. Monthly.Average (conc•entration liniit), The arithmetic mean of all "daddischarges" of a pollutant measured during the calendar month, In the case of fecal conform, the ge,,nnetric mean of such discharges. 'Permit Issuing Authority 'I:he Director of the Division of Water Quality, Quarterly Average (ctmcentration limi0 The average ()fall samples taken over a cdendat quartcr Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, .• .•• or substantial and permanent loss of natural re,sources which can reasonably be expected to occur in the absence of a bipass. Severe property damage excludes e.conomic loss caused In delays in production.. 'Poxic Pollutant: „Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. Upset incident beyond the reasonable controlof the Permit•tee causing tiimlluunal unintentionaland tetnporary noncompliance with permit effluent hanitations and/or monitoring requirements. „An upset doe„s not include noncompliance caused by opCrattOnal error, iinproperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, Weekly ,Average (concentration The arithmetic Mei1.11 0!E all "daily discharges" of a polluraiu utcaured duriig the calendar week, hi the case of fecal conform, the geometric mean of such discharges. Section B. General Conditions I, Dun, t Complv The Permittee must comply with all conditions of this permit. Any permit nonciimpliance constitutes a violation of the Clean Water „Act and is grounds for enforcement action; for permit termination, revocation and :reissuance, or modification; or denial of a permit renewal application 140 CFR 122,411, 2. The Permittee shall comply With effluent standards or prohibitions established under section 307(a) of the Clean Water „i•'‘et• for toxic pollutants and with standards for sewage sludge tise or dispersal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or 'prohibitions o•r standards for sewage sludge use or disposal, even if. the permit has mot yet been modified to incorporate the requirement, b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or iirtV permit condition or limitation implementing any such sections in a permit issued under section 402, or MTV requnvment imposed in a pretreatment program approved under sections 402(a)(3) n 402(b)(8) of the Act:, is subject to a civil penalty not tti exceed $25,000 per day for each violation. [40 CFR 122,41 (a) (2) The Clean Water Act provides that any person who ne,.g*enti ty violates sections. 301, 302, 306, 307, 308, 318, or 405 of the Act„ or any condition or limitation implementing .in Ot.- such sections in a permit issued 'under section 402 of the Act, or any requirement imposed in a pretreatment- pri,gram approved under section 402(a)(3) or 402(b)(8) of the .Act, is subject to criminal penalties $2,500 to $25,004.1 per dar of violation, or Miptiscinment of not int ire than I year, or both, in the case of a second or subsequent conviction for a negligent violation,. a person shall be subject' -to criminal penalties of not more than $50,000 per day of ‘iolation, or by imp.risomnent of not nvire than 2 years, or both. 140 CFR 122,41 (a) (2)1 Version 6/20/2003 NPDLS Ptriiu . e uireinents Page 4 of 6 d„ Am- perscon who k.110.0,111.175vioilates such sections, or such conditions or limitations is subject io criminal penalties of S5,(00 to $50,000 per dav of violation, or imprisomnent for not more than 3 years, oar both, In the case of 1 econd or subsequent c( onvicti( on for a k110 Wing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violano in, or 14-nprisonment :1-1,(„it more than 6 years, or both. [40 CFR 122,41 (a) (2)] e. „,'Xily person who knowingly violates section 301, 302, 3)) 3, 306, 307, 308, 318 („ir 405 of the Act, or any permit condition or hinitation implementing any of such sections in i permit issued under section 402 of the Act, and who knows at that time that he thereby places :Another person in imminent danger of death 017 serious bodily injun-, shall, upon conviction, be subject to 3 fine. of not Ruin: than $250,000 or 'unprisonment of not inure than 15 years, or both, In the case of 4 second or subsequent conviction .for a kr10Wing endangerment vi(ilation, it person shall be subject to a. fine of not more than $500,0t81 or by imprisonment of not m(.ore than 30 years., or both. (organizaticon„ as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction of violating the imminent danger proviskon, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,1 .100 for second or subsequent convictions, 140 CFR 121.41 (a) (2)] I, Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carcilina General Statutes 143-215,6.A] o Any person may be assessed an administrative penalty by the Administrator for violating section 3(11, 302, .306, 31 /7., 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in 3 permit issued under section ,402 of this Act, Administrative penalties for Class 11 violations are not to exceed. $10,000 per vi(olation, with the maximum amount of any Class 1 penalty assessed not to exceed S25,000. Penalties for Class 11 violations are .not to exceed 8) per day fur each day during which the violation ctontinues, with the 111.11Xiall.M1 31A14„)11111: of am.- Class11 penalty not to exceed $125,00(). [40 CFR 122,41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has it reasonable likelihood of adversely affecting:human health or the environment [40 CFR 122.41 (d)]. Civil and C.:riminal Except as provided in permit conditions on "Bypassing" (Part 1.I. C. 4)„ "Upsets" (Part 11 C 5) and "Pc)wer Failures" (Part 11. (. 7.),nothing inthis permit shall. be construed to relieve the Permittee roni. any responsibilities, liabi1itie, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal. Act, 33 I'M: 1319, Furthermore, the Permittee is responsible for consequential damages, such as fish .kills, even though the responsibility for effective compliance may be temporarily suspended. 4, ()Amid Efazardous Substance Liabilit Nothing in this permit shall be construed to preclude the institution of any- legal .action or relieve the Permittee from any responsibilities, liabilities, or penalties' to which the Perinittee is or mar be subject to under Nf..:GS 143- 21$.75 et seq. or Section .311 of the Federal .Act, 33 USG 1321. Furthermore., the Perini:04...e is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily' suspended, 5, PriTerty Ile issuance (if this permit does not convey am puiperty rights in either real or personal property, or any exclusive privileges, nor does it 'rural( orize any injury to private property or any invasion of personal rights, nor any infringement of Federal. State or local laws or regulantins 140 CFR 122.41 Cid. 6. ( )nshore or („)f1-shcire Constructicin This permit does not authorize or 'approve the constructi(in of any (inshore or (offshore physical struclulc or facilities or the undertaking °fatly .work In any navigable xi;aters. Version 6/20/2003 \P1)1 11crriut Re1uircuicuts Page 5 o f 16 Seyerahility The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23], 8. :Dun, to Provide Information The Permittee z..:13.a1/ furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether ne exists for twidifyilig, revoking, and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies I:4 records required 1 in permit [40 CFR 122.41 di)]. Duty to Reapply If the Perinittee wishes. to continue an activity regulated bi- this permit after the expiration date of this permit, the Permittee must apphfor and obtain a new permit 140 CFR 122,41 (14 10, Expiration of Permit The Perinittee is not authorized to discharge after the expiration dare. lu order t:o receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such infOrmation, forms, and fees as are required by the agency authorized to issue pertnits no later than .180 days prior to the expiration date. Any Perinittee that has not requested renewal at least 180 days prior to expiration, or any Permitter that does not have a permit after the expiration and has not requested renewal at least. 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NC( 143-215,6 and 33 U'C 1251 et. seq., S refuel .s \11:A 'qiujoitioii, reports, or information .submitted to the Permit Issuing Authori 140 CFR 122,41 signand certified a. All pennit.applieations shall be signed as follows: (1) For a corporation: by a responsible corporate officer, For the purpose of this Section, a responsible cotpotate officer means: (a) a president, secretary, treasurer or vice president cif the corporation in. charge of a principal business function, or am, other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production„ or operating, facilities, provided„ the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit car unphcii duty of making major capital investment reconunendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that. the necessary systems arc established or actions taken to gather complete and accurate information for permit applicatii,m requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive ()fleet or ranking elected official [40 CFR 122,22], b. All reports required by the permit and other information requested by the Permit issuing „Authority shall be signed by a person described in paragraph a. above or by a duly 'authorized representative of that person, A person is a duly authorized representative only it: 1, The authorization is made in writing bny a person described above; 2. lhe authorizati(m specified either an individual or a position having responsibility for the overall ()peration („if the regulated facility or activity, such as the position cif plant manager, (:)perator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall respotisiklility for environmental Ma t ACTS fOr the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22[ Version 6120/2003 NPDF.,:s. Pent equirernents Pap: (i of -I 6 c, Changes to authorization: an 'authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility fur thein operation of the facility, it new authorization satisfying the requirements. of paragraph (b) of this sectionmust Ix submitted to the Director prior to or together with any reports, information, or applications to be signed ,by an authorized representative [40 CFR 122.22j d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.24 "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," 1.2. 'Permit Action, "Ihis permit may be modified, revok.ed and reissued, or terminated for cause. The filing of a request by the Pertnittee for a permit modification, revocation and reissuance, or termination oar a 'notification of planned changes or anticipated noncompliance does not stay any permit condition. [40 CI R 122.41. (01. 13. Permitifi -anon Revc nd Reissy a Ter .ion. 'The issuance of this permit does not prohibit the permit issuing authority from. reopening .and modifying the permit, revoking and reissuing- the permit, or terminating the permit as allowed by the laws, mks, and regulations contained in Title 40, Code of .Federal Regulations, Parts .L2 and 123; Title .15A of the North Carolina .A.dministrative Code, Subchapter 2f1.0100; and Ni:irth Carolina General Stanne143-215.1 et. al 14. Annual „Xclininistering and Compliance Nlonitoring Fee Requirements Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pin —the fee in a timely manner in accordance with 15A NCA„C 21-4.0105 (El) (4) m.ay cause this .Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified ()perator Upon classificatii.m. of the permitted facility by the Certification Commission., the Permittee shall emplclya certified water pcillittion control treatment system operator in responsible charge (()RC) of the water .pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the Water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up (...)RCs who possess a currently V a lid certificate of the type of the system Back-up ORCs must possess a grade equal to more than one grade less than) the grade of the system [15A NCAC 8G,02011. The OR( of each Class I facility must: • Visit the facility at least weekly )- Comply with all other conditions of I5A NCAC SG,0204. "The ()RC of each Class „II, III and IV facility must • Visit the facility at least daily, excluding weekends and holidays Properly manage and document daily operation and maintenance of the facility • Comply with all other conditions of 15A NCAC $G.0204. Once the 'facility is classified, the Pirnhlitel shall submit a letter to the Certification Comtniss. . designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPI71 S 1'ernut Requirement - Pate 7 of 16 1►. A'(nliet 120 calendar days of: Receiving notification if a ;hi new Olt( and back-up OR A vacancy I" rsltitan Of C %I(:: ear back-up (:)RC. facilities :at optimum efficiency. syst•rms of treatnZent and cunt achieve compliance with the coi labor,attni- controls and appropriate quality assurance procedures. and operate backup or ,auxilta.►r° facilities only when necessary permit 140 C R 122Jl (&)J. Nerd to 1lalt or Reduce It shall ta+►t be a defense reduce the permitted activity in order to maintrun compliance 'with the con (c)1 ,Bypassing a. By-pass not exceeding 1 The Pernutter, may allow anti only if it al.�r h. a. Prolribiti (I) Bypass from against a Perna ss was unac oidable to prevent loss of life, per: -camel u [40 C;l R 122.41 (m) wait which cl tial mainte and c, of this, section. uld have been neressaan tc> halt c>t of this permit [4(1 (1''R. 1' 2 41 n. These lase sa ce of the need for c)f the ha1aass; it unanticipated IayFpass as require, -lit Issuing pruperrc t. the bypass, such as the use of auxiliary' treatment fac°ilities, anc:e during ncr.rtnal Pc condition is taut wash Tied if adequate backup equipment should reasonable en ne°c.rinl; judgment to prevent as bypass which equipment do wntinac or preventive maintenance; and Ilse Pe rnuttec submitted notices as requited under Paragraph b, but tali etafurcenaent Bypass from the aactic n against a I permit associated cv'e:allec_tiun system is prohibited and the: Perlatit Iss provided in any curie h°. astepa .atmcnt riotls of equipment downs have been installed in the eser occurred during normal periods of 1';1(c:a t tit tiara upset j40 CIF 122.41 (ta) ,?)]; An upset constitutes an affirnaa brought for noncompliance with such sec rtaaalogv lt,asc<I pernut effluent paragralsla b. of this condition are met. No cic�tenaatttaitiota. taaadc_ dtuing admit Version 6/20/2003 noncompliance was caused by upset, ant subject n..) judicial review, 4Ore NPDES Pert '• .RequireMents Page 8 of, 16 an act1n.for noncompliance, is final administrative action b. Conditions necessary for a demonstration (if upset; A Permitttie who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed., contemporaneous operathig log,s, or other relevant evidence that: (1) An upset occurred and that the Perinittee can identify the causc(s) of the upset; (2) The Permit-1're facility was at the rime being properly operated; and (3) The Permit:tee submitted notice of the upset as required M Part11, E. 6. (b) (B) of this pertnit„ (4) 1 ht Permittee complied with any remedial measures required under Part 11 B. 2. of this permit. d. Burden of proof 140 122,41 (n) (4)1; The Pennittee seeking to establish the occurrence of an upset has the burden (if proof in any enforcement proceeding, 6. Removed Silbstances Soros, sludges, filter backwash, or other pollutants removed in the coin'Se 01 treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such as t(;) prevent a.ny pollutant from such materials from entering waters of the State or navigable waters of the United States. l'he Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge Upon promulgation of 40 CTR Part 503, imv permit issued by the Permit Issuing Authority for the utilization/disposal of sludge inay be reopened and modified, or revoked and reissued, to incorporate 'applicable requirements at 40 CFR 503. 'The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provicled in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing .Authority of any significan.tchange in its sludge use or disposal practices. 7„ Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NC.M7. 21..1.0124 -- Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby g,enerators or retention of inadequately treated effluent.. Section D. Monitoring and Records I. Representative Sampling Samples collected and measurements taken, as required herein, hall be characteristic of the 'volume and nature of the permitted .clischarge. Samples collected at a frequency less than daily shall be taken on a day and Mile that is characteristic of the discharge over the (Jinx' e period the sample represents. sannples shall be taken at the incillitoring pi )ints. specified in this permit and, unless otherwise specified, before the effluent Vitus or is diluted Iny any other wastestream, body of water, or substance, 'Monitoring points. shall not be changed without notification to and the approval of the Permit Issuing Authority 140 CFR '122.41 (01. 2. Reporting 'M)nitoring results obtained during the previous, month.(s) shall be suinnurized for each numth and reported on a monthly Discharge Monitoring Report (DMR) Form ( M. 1, 1.1., 2, 3) or alternative forms iipproved by the Director, postmarked no later than the 28thday following the completed reporting period. The first DMR is due on the last day of the m(inth following the issuance of the permit or in the case of a new facility, tin the last day of the month following the commencement of discharge. Duplicate signed copies. these, and all other reports required herein, shall be submitted to tlic folkiwing address: DENR / Division of Water Cnality / Water Quill': Section ATTENTION: Central Files 1617 Mail Service Center Raleigh., North Carolina 27699-'1647 Version 0/2003 NPD.ES Peru -Ur Requirements Pao:, t (416 3, How :1\ leasurements .Appropriate flow measurement devices and inethcOS consistent with accepted scientific practices shall be selected and used it„) ensure the. accuracy :Ind reliability of measurements of the -volume of tioonitured discharges, 'fhe devices shall be installed, calibrated i iiii maintained. to ensure that the accuracy of the measurements is consistent with the accepted capability of that 'type of device, Devices selected shall be capable of measuring flows h maximum deviation of less than 10% from the true .discharge rates throughout the range of expected discharge volumes, flow measurement devices shall be accurately calibrated at a minimum of once per wear and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device, The Director shall approve the flow measurement device and monitoring kication prior to installation. Once-thrriugh crindenscr CI ii llIuL voter flow monitored by pump logs, or pump hciur meters as specified in Parr I of this permit and based on the manufacturer's pump curves shall not he subject to this requirement. 4. Test Procedures Fest priocedures ffir the analysis of pollutants shall conform to the EINIC regulations (published pursuant to NCGS 143-.215.63 et. seq.) the Water and „Air Quality Reporting Acts, and to regulations published pursuant to Section .304(g), 33 US( 1314, of the Federal Water Pollution Control Act (as Amended). and 40 CFR 136; or in the case of sludge use or disposal, approve.d under .40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit 140 (FT. 122,411. To meet. the intent of the monit1 ring. required by this pertnit, all test procedures must produce minimum detection IUJ reporting levels that are belo‘v the permit discharge requirements and all data generated must be reported down to the mininnun detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels briciw permit discharge requirements, then the t sensitive(Meth0 d With the 14 WC'S t 1.10tiSt hie detection and reporting level) approved method„must be used, 5. Penalties feu- Tampering 'The Clean Water A.ct provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punish.ed by fine 01 not more than S10,000 per violation, or by imprisonment- for not more than two year s' per violation, or by both, If a conviction of i person is for a violation committed after a first conviction of such person under .this paragraph, punishment is it fine of not nu ire than $20,000 per day of violancin, or. by imprisonment of not rnore than 4 years, or [40 CFR 12.2..411. 6, Recc is Retention 11.1xcept 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 lcinger as .required by 40 CFR. 5(13), the Permittee shall retain records of all monitoring .infortnation, including: all calibration and maintenance records all original strip chart recordings for continuous monitoring instrutnentation fr c( pies of all reports required by this permit copies of all data used to complete the application for this permit These reciirds ur copies shall be maintained lot a period of at least '3 years fnim the date of the sample, measurement, report or application. This period may be extended by request of the Director ai any tune 140 CFR 122.411. 7. Rec. esults For each measurement or sample taken pursuant to the requirements if this permit, the Permittre shall record the following information [40 ( FR. 122.4 1.1: a, The date, exact place, and Ulm of sampling or measurements; b. "fhe individual(s) who performed the sampling measurements; c, The date(s) analyses were performed; el. The individual(s) who perfOrmed the analyses; Version 6/20/2003 NPDL:S Permit Requiretnents Page 10 of 1.6 (. The analytical techniques J.)r m sed; and f. The results of such :analyses, 8.. Inspecticin and Entry The Pernuttce shall allow the Director, or an authorized representative (including. an authorti..ed. contractor acting as a representative of the Director); upon the presentation of credentials and caller documents as ma k' be required by law, to; a. Enter upon the Prruiitrtc's premises where a regulated facility or activity r'. located or conducted, or where records must be kept under the conditions of this pennit; s this. b. 1.-"lave access to and copy, at reasonable nines, anyo recrds thm at ust be kept under the " iof permit; Inspect at reasonable nmes any facilities.. equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d.Siimple or mcinitor at reasonable times, for the purposes' of assuring permit compliance or as othe authorised by the Clean Water ...Act,. any substan.ces or parameters at any location 140 (..:FR 122.41 Section F. Reporting Requirements 1. Change in Discharge All discharges 'authorized herein shall be consistent 'with the terms and conditions of this perrnit, The disc large cif any pollutant identified in this pe.nnitmore frequently than or at Ji level in excess of that authorized shall constitute a violation of the permit. ; Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physic;fl alterations rir additions to the permitted facility [40 CFR 122.41 (1)1. Notice is requiaed 111111 When: a. The alteration or a. to a permitted facility may meet one of the criteria for new. sciurces at 40 CFR 1.2229 (b), or b. 'Flu alteration or addition could significantly change the nature or increase the quantity of pollutants discharged; This notification applies to pollutants subject neither to effluent limitations in the permit, nor to ncuification requirements under 41) CFR 12142 (a) (1), C. The alteration cu- addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change mail justifY the application of permit conditions that are different 110111 or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan 3, Anticipated „Nhincomplian.ce The Permittee Shall give advance notice to the Director of .any planned changes to the permitted facility or other .activities that might result in nonecimplia.nce with the permit 140 CFR '12.2.41 (1) (2)]. 4. 'Transfers This pi rout is not transferable to any person except after nonce to the Director. ..fhe Director may require modification or revocation and reissuance of the permit to doetunent .the change of ownership, Any such acticin may incorporate other requirements as may be necessary under the ( Water „Act [41) CER.122.41 (1) (3)1. Mcinitorino- .Reports 'INIonitoring results shall be reported tt the intervalpecified elsewhere in this permit 140 („..'FR, 122,4 (1) (4)1. a. Monitoring, results must he reported on a .Discharge Monitoring Report (D.MR) (See Part IL D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Perraittee monitors any pollutant more frequently than required bythis permit, the results of such monitoring shall be included in the calculation and reportnig of the data submitted on the D'MR. Version 6/20/2003 NPDES Pert quirements Paw: .11 cif I. 6 6. Twenty-four Hour 'Reporting The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. ‘1.ny information shall be provided orally within 24 hours from the time the Peranttee became aware of the circumstances. .A. written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submissirm shall contain a description of the noncompliance, and its cause; the period of noncompliance, includin.g exact dates and times, and if the noncrimpliance has. not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (I) (6)I. h. 'Irhc I)irecu)r may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hoUrS may also be reported to the Division's Emergency Response personnel at (SO() 662-7956, (800) 858-0368 or (919) 733-3300. Other .Noncomplianee The Pertnittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at. the time monitoring reports are submitted. The reports shall contain the information Listed in Par 11. E. 6. of this permit [40 CFR. 122.41 (1) (7)1. 8 Other Information Where the Permittee becomes aware that it failed to submit anv relevant facts in a permit application, or submitted incorrect information in a permit applicationor in any report to the Director, it shall promptly submit such facts or information [40 CF.R 122.41 tl) (8)1. 9, Nonamipliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office f the Division as soon as, possible, but .in no case more than 24 hours or on the next working din, following the occurrence or first knowledge of the occurrence of a.ne of the following: a. Any occurrence at the water pilillution control. facility which results in the discharge of significant amounts of wastes which arc abnormal in quantity or characteristic such as the dumping of the contents of a sludge dipester; the known passage of a slug of hazardous substance through the facility; or .any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Ani, flame of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or .a.ne portion of the influent to such station. or fa.cility. Persons reporting, such i)ccurrenees by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except fur data determined to be confidential under NCGS 143-215..3 (a)(2) or Section 308 of the Federal Act., 33 LISC. 1318, all reports prepared in accordance with the terms shall be available for public :'tnspectionat the offices. of the Division of Water Quality. _As required by the Act, effluent data shall. not he considered confidential. Knowingly making. any false statement on. any such report tmi result in the imposition of criminal penalties as provided firr in NCGS 143-215,1 (b)(2) or in Section 309 of the Federal .Act. 11, Penalties for Falsification of Reports The Clean Water ...'kct provides that any person who knowingly makes any false statement, representation, or certification ui MINrecord or other document submitted or required to he maintained under this permit, including monitoring reports or reports of compliance (Jr noncompliance shall, upon ainviction., be punishedIn a fine of Version 6/20/2003 NPDES Permit Requirethems • Page 12 0 f 1 (I not more than $25,01.)0 per violation, or by imprisonment for not more than two years per violation, or by both 140 CFR 122.411 12. Annual Performance Reports Permittees who °WI:1 or Operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing ,•Nuthoritv And to the users/customers served by the Permittee (NC(' 143-21.5,1(). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was comphant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal. year, depending upon which annual period is used fiir evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Pennittee shall nut commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an. Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittec and approved by. the Section B. Groundwater Monito n The Perminee sh.all, upon written notice from the Director of the Division of Water Qualirv, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater s bind ;ads. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Pennit Issuing Authority as soon as it knows or his. reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge,. on a routine or frequent basis, of am• toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the feillowing "notification levels"; (1) (1).tie hundred micrograms per liter (100 pg/L); (2) Two hundred micrograms per liter (200 f;tgli.) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/11..) for 2.4-dinitrophenol and for 2-methyl-4.6-dinittophenol; and one milligram per liter mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit Application, h. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge ill exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 tig/L); (2) („.)ne milligram per liter (1 mg I) ler antimony; (3) Teti Miles the maximum concentration value reported for that pollutant in the permit application, Section D. EVa Wastewater Discharge. Mternatives The Permittee shall evaluate aH wastewater disposal alternatives and pursue the .most environmentally sound alternative of the reasonably cost effective idternatiyes. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required bv the Division evaluating these alternatives .and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements Permittee mug notify the Division at least 90 days prior to the closure of an wastewater treatment system covered by this permit. -I he Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPD.ES Permit RequircMCntS Page 13 of 16 adverse impacts to waters of the State. 'Ibis permit cannot be rescinded while any activities requiring .this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES A. Pub ac ON Trea n Work POTWs POTWs must provide adequate notice to the Director of the following: Any new introduction of pollutants into the Ir.q:YIW from an indirect discharger which would be s'ubiect to section 301 or 306 of C.:WA it it were directly discharging those pollutants; and f1uy substantial change in the volume or character of pollutants being introduced by an indirect discharger AS influent to that PC„Yinv u the time of issutuice of the permit. .3. For purposes of this paragraph, adequate notice shall include information on (1) the quality' and quantity of effluent introduced into the POTW, tind (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Con . o f llutantsftomIfldUStflal Users. Effluent limitations are listed iti Part I of this permit Other pollutants attributable to inputs from industries using- the municipal sYstem may be present in the Permittee's discharge. At such time a.s. sufficient information be me available to establish limitations for such pollutants, this permit moay be revised to specifY effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Under no circumstances shall the Permince allow introduction of the following wastes in the waste treatinent system: Piillutants which create a tire or explosion hazard in the POTW, including„ but not limited to, wasteStreattlti With a closed cup flash.point of less than 140 degrees Fahrenheit or GO degrees (r.ttitigrade using the test methods specified. in 40 CFR 261.21; b, Pollutants which wilt cause corrosive structural damage to the. P( )TXX7, but in no case Discharges with lower than 5.0, unless the works is specifically designed to aceotrunodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference; d. .Ariv pollutant, including oxygen demanding pollutants (BOD, etc) released in a Discharge at a flow rate and/ pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which tL1 inhibit biological activity in the 'POTITW resulting in Interference, but: in no case heat in such quantities that .the temperature at the POTW Treatment Plant exceeds 40°C (104°F) miless the Division, upon request of the 'POTW, approves alternate temperature lit -nits; 1, Petroleum oll„ nonbiodegradable cutting oil, or products of mineral till origin in amounts that will cause interference or pass through; Pollutants which result in the presence of toxic gases, vapors, or fumes within the P( )TW in a quantity that ma.a:use acute worker health and safetyproblems; li.Any trucked or hauled pollutants, except itt discharge points designated by the POT\V 3. With regard to the effluent requirements listed in Part 1 of this permit, it may be necessary for the Permittec to supplement thc requirements of the Federal Pretreatment Standards (40 (FR. Part 403) to ensure compliance by the 'Permittee with all applicable effluent Inuitations, Such actions In the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to nett Federal Pretreatment Standards promulgated in response to Secti47m 307(b) of the „Act Prior to accepting 'Wastewater froin anv significant industrial user, the Pernuttee shall either develop and submit to the Version 6/20/2003 P DES Permit Requirernents 'agc 1 11)1 I 6 Division a Pretreatment Program for approval per 15„A NCAC 211 .0907(a) - .-alife an existina Pretreatment 'Program per 1.5A NCAC .211 ,0907(b). 5. 'This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved P( )TW Pretreatment Program or to include a compliance schedule feir the development of a POTW Pretreatment 'Program as required under Section 402(4)(8) of the Clean Water Act and implementing regulations o.r by the requirements of the approved State pretreatment program, as appropriate, Section C. Pretreatment Programs Under authorities of SectiOnS 30703) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-21.5,3 (14) and implementing regulations 1,5A NCAC 211 ,0900, and in accordance with the approved pretreatment prt4,,ram, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit, The Permittee shall operate it S approved pretreatment program in accordance with Section 402(4)(8) of the Clean Water "Act, the Federal Pretreatment Regulations 40 CFR. Part 403, the State Pretreatment Regulations 15A NC „ -AC ,21-1 .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Divisicin approved .modifications there of. Such operation shall include but is no limited to the implementation of the following- conditions and requirements: 1. Sewer Use Ordinance (STK)) The Pennine& shall maintain adequate leg.al. authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3, Nlionitoring Han The Permittee shall 'implement a Division approved Monitoring Plan for the collection of facility specific data to be used i.n a wastewater treatment plant Headworks .Analysis (1-1 N.V.i.A) for the development of specificpretreatment local limits, Effluent data from the Plan shall he repcirted on the 'DIAIRs (a required by Part H, Section D, and Section E5.), 4, Ineadworks Analysis (IIWA) and Local Linnts The Permittee shall obtain Divisicin .approval of a Headworks Analysis (.11WA) at least once every five. years, and (is required by the Division, Within 180 days of the effective date of this permit (or any subsequent permit Incidification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i,e,, an updated 1-1AX.:'"A. or documentation of why one is not needed) [40 122.421, The Permittee shall develop, in accordance with 40 CFR 403,5(c) and 15A NCAC 2.11.0909, specific Locil Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NC \( 21-1 5 IndustrialUer Pretreatment Permits (.1UP)& Allocation Tables In accordance with NC.,(.3S '143-215.1., the Permittee shall issue to all significant industrial users, pent -ins for operatiem of pretreatment equipment and discharge to the Permittee's treatment works. 'These permits shall contain limitations, sampling pr)tocols, reportnig requitements, appropriate standardand special conditions, itid compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will„ineet all applicable pretreatment standards and requirements. The Permittee shall maintain a current ;Allocation Table (AT) which :summarizes the results of the .1-lead.works .Analysis (1-1W,(A) and the limits from all Industrial User Pretreatment Permits (1UP). Permitted ItiP loadings for each parameter cannot exceed the treatment capacifi7 of the P0-11,X7 as determined by the Version 6/20/2003 NP1) S eats of 16 10. Authorization to Construct (1, 1oC:) The Pernuttee shall ensure that an . authorization to C:on tnict permit A. is issued to al industrial users for the construction or modification of any pretreaunent facility"°. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process roust be evaluated for its comply with all Industrial User Pretreatment Permit (IUP) limitations. P 'I ' dtrs ectir ' Moi itorin oaf their SIUs :onduct inspection, surveillance, and monitoring activities as described in its T ivisiorx program in order to determine, independent of inform. t n supplied by industrial users, compliance with applicable pretreatment standards. The Perinittee must; a. Inspect all Significant Industrial Users (Sills) at least once per calendar iear: and b. Sample: all Significant Industrial Users (S1Us) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the 'period from July' 1 through December 31, except for organic compounds which shall be sampled once per calendar year; d.R shall require all irrdtnstrial users to comply with the amine. trrcrnitoritt and reporting :equirenients outlined in the Division ap .ar in '15A NCAC 2H .0908. rceiniett Its rase. P an IRP The Per use shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 30;' (b) and (c) of the Clean. Water .Act (40 CFR 405 et seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 214 .0909, and specific local limitations All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division, d pretreatment program, the industry's pretreatment pernut, Division in. accordance with 15A NC'+:C ,l"1 .0908. In lieu of subn d Pretreatment Programs developed under 15A NC.AC 2H .0904 (b) ma - he required to meet vith Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment %tnplementation issues, For all rather active pretreatment program;, the Permittee shall submit two copies of a Pretreatment Annual Report (P R) describing its pretreatment activities over tl-re previous twelve months to the Division at the followititt address:. d.) NC D NR / D" 'Q / Pretreatmen 1617 Mail Service Center Raleigh, NC 2 7 699-1617 be submitted accord ng to a schedule established, by the Director and shall contain the Narrative A brief discussion of reasons for, status cif,. and actions tauten for all Significant 1 Users (SIUs) in Si1?nifrcant Non -Compliance (SNC); Pr, fr atsnetat , o cram Snr , miry (PPS) nt program, sumurary (PPS) on specific. forrus approved by tune Divisio etceatrne ant_ Non - The nature. of the violations and the specific forms approved by the Divssit idustrtal ata Sinn ritiry f'orins IDSl'), n; taken car trcaiacased to correct the violations on Verson 6/20/2 NPDES Permit Req• Page t6of 16 Monitoring, data from samples collected by both the PCY 1 and the Significant Industrial User (+IU). These analytical results must be reported on Industrial Data Summary Forms (IDS1) or other specific format approved by the Division; ( thet° Iufonnation Copies of the P'OT\\''s allocation table, new or modified enforcement compliance schedult:;s, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, Public Notice The Pertnittce shall publish annually a list c> i n cetnt Industrial Users (SIUs) that wrere tt Significant Non -Compliance (SNC) as defined in the I'ertnittee"s Division approved Sewer Use (w)rchnancc with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. Record Ieeping The Permittee shall retain for a minimum of three ears; records of monitoring activities and results, along with support informant>n including general records, water qualitti records, anal records of industrial impact on the POTW, 13. Funding pid Financial Report The Permitter shall maintain adequate funding and staffing levels to accom approved pretreatment program. objectives :14. Modification. to Pretreatment Progruns Modifications to the approved pretreatment profrratn including hut not limited to local limits modifications, P(v)w monitoring of their'Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCa C ?IT .01I4 and. 15A NCAC'211 .0907. Beverly Eaves Perdue Governor NCDENR North Carolina Department of Environment and Natural Resources, Division of Water Quality Coleen Sullins rut, ih rqs _ MrTom W Walton Rowan Associates and Mercantile 119 North Sterling Street Morganton, North Carolina 28680 Dear Mr, Walton: Director May 20, 2009 Subject: Issuance of NPDES Permit NC0061034 Rowan Associates & Mercantile Rowan County Enclosed with this letter is a copy of the draft permit for your facility. Please review the draft very carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains no changes from your current permit. Town Creek is listed as an impaired stream on North Carolina's 303 (d) list. Currently, the stream does not meet all water quality standards. If the limitations in the current permits for facilities discharging to Town Creek do not result in improved water quality, removal of discharges to Town Creek may be necessary for the health of the stream. Although the Division believes stormwater runoff is the main cause of degradation to Town Creek, we will continue to monitor compliance at your facility. If noncompliance with your permit's effluent limits is shown to be a direct cause of stream degradation, the Division will recommend removal of your facility's discharge. Part IU of your permit requires you to "continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives" to surface water discharge. Such an evaluation may help you find an alternative to surface water discharge that is more appropriate for your facility. Concurrent with this transmittal, the Division will solicit public comment on this draft as required by the EPA by publishing a notice in newspapers having circulation in the general Rowan County area. Should you wish to correct errors or provide comments regarding this draft please contact the DENR DWQ / NPDES Program no later than 30 days after receiving this document. 1617 Mail Service Center, Raleigh, North Caroline 27699-1617 Location:512 N. Salisbury St Raleigh: North Carolina 27604 Phone: 919-507,6387 1 FAX 919-807-6495 1 Custorner Service: 1-877-623-6748 internet WWW.ncwaterquality.org An Equak Opportupity Affirmatfve Action Employe One NorthCaro a atura Please review this draft carefully to ensure thorough understanding of the information, conditions, and requirements contained therein. Follovving the 30-day public comment period, the Division will review ail pertinent comments and take appropriate action prior toissuing a final NPDES perntit. If you have questions concerning the draft permit for your facility, please contact me by e-mail (bob.querra nddenr,gdv) or call me at (919) 807-6387. Respectfully, Bob Guerra NPDES Unit, estern Program Enclosure: NPDES Permit N 0Q 19 (DRAFT) FT Mooresville Regional Office / Surface Water Protection NPDES Unit Nice Sauter, Rae h Carolina r6 9 1 1 trvtarrt rr 51?_ N. Salisbury St. RNora" Carolina 27604 Ptrorre 9i9 807-6387 :G FAX; 919'-8 7 649a 1 Customer Service. 1 7i 69 6748 rnet9 cavaterivality ur One h Naturally Perrnit NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North. Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control. Act, as amended, Rowan Associates 85 Mercantile is hereby authorized to discharge wastewater from a facility located at the Rowan Associates 86 Mercantile 905 Webb Road Salisbury Rowan County to receiving waters designated as a unnamed tributary to Town Creek, within the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective x xx, 2009. This permit and authorization to discharge shall expire at midnight on June 30, 2014. Signed this day xxx, 2009. DRAFT Coleen H.Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Perm" NE0061034 SUPPLE ENT TO PE IT COVER All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, As of this per ft issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit it conditions, requirements, terms, and provisions included herein. Rowan Associate ercanis he r+ by authorized o Continue to operate an existing 0.0062GD aste eater treatment syste with the following components: Two (2) 2,500 gallon septic tanks 7,500 50 gallon capacity pumping station Single Recirculating surface sand filter • Table chlorination Chlorine contact chamber Dechlc rination Step aeration The facility is located at the Rowan Associa Webb Road near Salisbury in Rowan Couni e`er' TP located at 905 2. Discharge fro said treatment works at the location specified on the attached map into an unnamed tributary to Town Creek, classified C waters in the Yadkin -Pee Dee River Basin, Rowan & Associates Mercantile Center Rowan & Associates Mercantile Center WWTP ati odes 35' 35' 45" N State Grid: China Grove Lear itude. 80° 3.2' 05" W Permitted Fiow: 0_0062 MCI feceifi iut€ 5taau. UT to Town. Creek Stream Class: C ltaa'�e FSa u: Yadkin -Pee Dee River Basin Sub -Basin: 03-07-04 Facility Location not to scale Permit NC0061034 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -DRAFT During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT UMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily MeBsurement Sample Type Sample Location Average Maximum Frequency Flow BOD, 5-day (20°C) Total Sus•ended Solids NH3 as N (April 1 - October 31) NH3 as N November 1 - March 31 Fecal Califon (geometric mean) Oil and Grease Total Residual Chlorines Total Phosphorus pH2 0,0062 MGD Weekly Instantaneous Influent or Effluent 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 30.0 m,fL 45,0 2/Month Grab Effluent 6.7 mg/L 33,5 g 2/Month Grab Effluent 30.0 mg/L 35 0 mg/L 2/Month 200 / 100 ml 400/100m1 2 Grab Effluent Effiuent 0.0 60 mIL 2lMonth Grab Effluent 28 pglL Day Grab Effluent Quarterly Grab Effluent Quarterly Grab Effluent 2lMonth Grab Effluent Footnotes: 1, The Division shalt consider all effluent TRC values reported below 50 ugil to be in compliance with the permit However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/I. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units, All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Bob( Mit soc RioRrry 'RJE 't: is NP`S Sit 4EPO AND RE":M END TIONS County: Rowan NPDES Permit vo,: ' 4: INFORNIATION f r flit ° and address: Rowan nd 005 Web Salisbury, N,C " 146 .Datee of invest 4 4 pu:, 17, ?t)c) Rcp rt prespar rl ': + id aei l .• Parke Enkt and tel 'phOrIL to sit rr l ` liRoad { ' )inRo poititis Latitude: 1.c rr itude. al; tinSGS A""fit)) tl°rr(ttold indi ssarrc;arrcrr: er as➢T1 arr l ;rile reel\ i eer n, 7( 4-857-6660, utheast quad arrt cat" het r,lant s hasi Yadkin d pent a define c) rrffel ,mm. and dis l ar e rcriut n n Creek e r a rrstkin e detl 0t72 PART II - .DESCRIPTION OF DISCTL RGE AND TREATMENT WORKS Volume of ‘vastewater: 0..0062 MGD (Design Capacity) b. What is the current permitted, capacity: 0.0062 MG[) c. Description of existing or substantially constructed WWT facilities: The existing WW"T .facilities consist of dual, 2,500 gallon c,apacity septic tanks followed •by a 7500 gallon capacity pumping station, a single recirculating surface sand filter, a chlorine contact chamber ‘Nith tablet disinfection, dechlorination, and step aeration, d, Description of proposed WWT facilities: -Fhere are no additional WWI facilities proposed, at this time. e. Possible toxic impacts to surface waters: Chlorine is added to the waste stream, however, dechlorination is .provided. Residual. handling and utilization/disposal scheme: Residuals are removed as necessary by Salisbury Septic Service. Treatment plant classification: Class 1 (no change from previous rating). 4. Compliance information: There have 'beena few effluent limit violations in the past few years, however, overall the facility has a generally' good compliance record, PART IU - OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity) requests: None at this time. 2. Alternative analysis evaluatiot There are rio hnosn alternatives to a discha„rge at this time, PART IV - EVALUATION AND RECOMMENDATIONS The Rowan Associates and Mercantile Center has requested reissuance of the subject NPDFS permit. There have been no changes to the permit and/or the existing WWT facility since the permit vas last renewed. These existing WWT facilities should he capahle .of complying vith the current effluent limitations With011t :modifications or additions. Pending receipt and approval of the draft permit. it is recommended that the permit be renewed as requested. Si ure of Report Preparer / Water Quality Regional Supervisor AtaAsr09\rnerctude doe 7 Date Beverly Eaves Perdue Governor LEWIS 'M GENERAL ROWAN .ASSOCIATES 1.NI7 ME ' 905 W, E I3 13 ROAD S.ALISBURY NC 28146 Johnson: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen li. Sulfsns Director March 9, 2009 Subject: Receipt of permit renewal application NPDES Permit NC061034 Rowan Associates & Mercantile \ ° VTP Rowan County The NPL E,S 1 nit received your pert -tilt renewal application on March 4, ` )09. A member of the NPDES icw your application. 'They will contact yort if additional information is required to cotnple:te your tl. you should expect to receive a draft permit approximatel m 30-45 days before your existing permit u have any additional questio s concert is setae 4al of the subject pertyait, please contact Bob Guerra at a Sprinkle Source Branch cc: CENTRAL. FILES Mooresville Regional Office NPDES Unit ce Water Protection 16177 Mats Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone; 919-807-6300 4 FAX 919$97.64921 Customer Service: 1-877-623-6748 Internet www,ncwaterquality.org An Equal Opporlunny Afnnative Action Employer IN%One thCaro in a. Rowan Associates & Mercantile WWTP 905 Webb Road Salisbury, NC 28146 3-2-09 Mrs. Dina Sprinkle NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Permit Renewal Application Rowan Associates & Mercantile NC0061034 Dear Mrs. Sprinkle, Enclosed please find the permit renewal package for Rowan Associates & Mercantile WWTP. No changes to the treatment process has occurred since the last renewal. Thank you sincerely, ewis M. Johnson DENR- `_lY General Manager POINT S U RC.0 i f\NCH 1Plirlirr pvately owned nt ON - FORM D domestic wastewaters1.0 MOD n to: N. C. Department of Envfroaatelast and iatural Resources Division of Water Quality i NPDES Unit 1617 Mall Service Center, Raleigh, rNC 27699-1617 If you are completing this for field to the next To check the 1. Contact Information: Owner Name Facility Name Mailing, Address City State / Zip Code Telephone Number Fax Number e-mail Address NPDES Permit INCOO61o34 mputer use the TAB key or the up click your mouse on top of the box. Mr. Tom Walton Deus to moue from one please print or type. an Associates 86 Mercantile WWTP 119 North Sterling Street Morganton NC 28680 (828)437-8770 (828)437-0915 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road 905 Webb Road City State / Zip Code County Salisbury NC 28146 Rowan 8. Operator Information: flame of the firm, public organization or other entity that o referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number Mr. Lewis M. Johnson 01 905 Webb Road Salisbury NC 28146 (704)857-6660 ( l of 4 Form-01/06 APPLICATION -, FORM D For prirrately o ned treatment systems �ti 100% domestic wastewa 4. Description of wastewater: Facility G-eneratinsl Wastewater(check all that apply Industrial Commercial Residential School Other Describe the so restaurants, etc. Webb Road Flea 0 0 0 0 Number of Emmployees Number of Employees Number of Homes Number of Students/Staff Explain: D of wastewater (example: subdivision, obile home park, shopping centers, :arket Population served: Varies devendmg n season an 5. Type of collection system Separate (sanitary sewer only) 0 Combined (storm sewer and sanitary sewer) 6. Outfall Information Number of separate discharge paints Outfall. Identification number(s) 00 Is the outfall equipped with a diffuser? Q 1 T. Name of receiving streams) (Provide a map showing Unnamed tributary to Town Creek n o eacr o 8. Frequency of Discharge: If intermittent: Days per week discharge occurs; 0 Continuous 2 Duration: Sun. 9. Describe the treatment system List all installed components, including capacity, provide design rex owl for BOD, SS. me phosphorus. If the space provided is not sufficient, attach the description of the treatment system ih a separate sheet of paper. Treatment plant consists of two (2) 2500 gallon septic settling tank ,75OO gallon pumping station with two(2) 75 gpm pumps, subsurface sand filter, flow thru tablet chlorination and decblorfnatlon, step -aeration. Design removals for the plant could not be located. 2of4 Fon'n O 1i06 i1 D] I T N - FORM D For privately owned treatmment systems tread 100% domestict water �c1.© MGD 10. Flow iuforstlou: Treatment. Plant ensign now .0O62 MGD Annual Average daily flow .0015 MGD (for the previous 3 years) Maximum daily flow .0170 MGD (for the previous 3 years) 11. Is this facility located on Indian country? DYes No 12. Effluent Data Provide data for the parameters listed. parameters 24-hour composite sampling s and must be no more than four and one half y Biochemical Oxygen Demand (BOD5) Fecal Conform Total Suspended Solids Temperature (Summer) Temperature pH 29 2 7.2 Te E 4.3 23.9 13.4 6.6 cius celcius Nttber of Samples 18 6 117 76 13. List all permits, construction approvals ardor apiltns: Type Permit Number Type Hazardous Waste (RCRA) NESHAPS (CAA) U1C (SDWA) Ocean. Dumping (MPRSA) NPDES NC0061034 Dredge or fill (Section 404 or CWA) PSD (CAA) Special Order of Consent (SOC) Non -attainment proms (CAA) Other 14. APPLICANT C"iCATION Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Mr. Lewis M. Johnson Printed name of Person. Signing anaaer 30f4 Faun-01/06 11117or o NPDES APP d tent systems D: 1.0 MGD Signature of Applicant North Carolina General Statute 14 215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification irn any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental. Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C.. Section 1001 provides a puniahment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Da 4of4 PS Unit Water Quality Section Attention: Valery Stephens SOC PRIORITY PROJECT: No Date: March 18, 2004 NPDES STF PORT AND RECONIMENDATIONS County: Rowan l PD S Pe it No.: NC0061034 PART 1- GENE L INFORMATION acr No.: 04- 4 ty and address: Rowan Associatesand .l' ercl file Center Post Office Box 664 Morganton, N.C2, 28655 Date of i vesti ation:. Ptd:' 04 Report prepared by: Michael L. Prkr, En o en al Engineer 1 Person contacted and telephone number: Te — Denard (704) 857-6660 Directions to site: The site is located in the soothes and ' Webb Road (SR 1 in Rowan County: D Discharge point(s), List for all discharge points: Latitude: 3. D ' 45" Longitude: ° ' p of the intersection of:l5 - Attach USGS Map "Extra ct and indicate eatment pl t sate d discharge point on trap, LiSS Quad No.: , 16 S Site size and expansion area consistent with application: Yes, 7`l ere is limited available for e p ion, if necessary. Topography (relationship to flood plain included): "1 he receiving streemi at a rate of 3 - 6%. tes gently sloping towards the Location of nearest dwelling: Approx. 300 ± feet frorr the P site: PirPage Two 10. Receiving stream or affected surface waters: UT to Town Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin 030704 Describe receiving stream features and pertinent downstream uses: The receiving stream had a defined channel 3 - 5 feet wide with an average depth of 2 - 6 inches. Downstream uses are primarily agricultural. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of wastewater: 0.0062 MGD (Design Capacity) b. What is the current permitted capacity: 0.0062 MGD c. Actual treatment capacity of current facility (current design capacity): 0.0062 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: There have been no .ATCs issued to this facility in the past years. e. Description of existing or substantially constructed WWT facilities: The existing WWT facilities consist of dual septic tanks followed by a single recirculating surface sand filter, a chlorine contact chamber with tablet disinfection, &chlorination., and step aeration. f. Description of proposed WWT facilities: There are no additional WWT facilities proposed at this time. g. Possible toxic impacts to surface waters: Chlorine is added to the waste stream, however, dechlorination is provided. h., Pretreatment Pro (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: Residuals are removed as necessary by Rowan Septic Tank and Ditching Company and taken to a site approved by the Division of Solid Waste for the land application of septic tank residuals. 3 Treatment plant classification: Class I (no change from previous rating). 4. SIC Code(s): 5932 Wastewater Code(s): 02 MTU Code(s): 45007 PART HI - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No public monies were used in the construction of this facility. Page Three Specionito ng monitoringor lirnitattons nauding ex city) requests: None at this time. Important SOCI Compliance Schedule dates: This facility is neither under are SOC or OI . nor are there any plans to apply for one* Alternative , alysisevaluation a. Spray Irrigation: Insufficient area. b. Connect to regional sewer system: Sewer has not yet been extended to this area. c Subsurface: Insufficient area. d. Other disposal options: None that c are aware of. PART IVY - EVALUATION RECOMMENDATIONS The Rowan Associates and Mercantile Center has requested reissue ce of 1 NPDES perruit. There have been no changes to the permit andlor the existing since the permit was last renewed.* These existing facilities have had 110 d ffreul complying with the current effluent Iiinflations. abject facility Pending receipt d approval of the draft pe ended that the pe nit be renewed as requested* h'",dsrdsr ;m«:rrt tic piss Si a, . e of Report Preparer v f North Carolina ment cf Environment tural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director January 2, 2004 Mr. John Jeffrey Dennard Rowan Associates and Merchantile Center PO BOX 664 MORGANTON NC 28655 Dear Mr, Dennard: JAN ftt"UIRAL RESOURCES 0 7 2004 TER 'QUAD SECTICi Subject: NPDES Permit Renewal Application Permit NC0061034 Rowan Associates and Merchantile Center Rowan County The NPDES Unit received your permit renewal application on December 30, 2003. Thank you for submitting this package. The renewal request did not include a sludge management plan. Please submit a sludge management pIam Your permit renewal application has been assigned to Valery Stephens for review. We regret to inform you that the NPDES Unit has not been fully staffed sconce March 1998. This staff shortage has delayed many permit renewals. While we do not expect severe delays in processing your permit renewal, be aware that your permit is one of many our staff is currently reviewing. If this staff shortage delays reissuance of NC0061034 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we work to resolve the backlog of projects. If you have any additional questions concerning renewal of the subject permit, please contact Valery Stephens at (919'i 733-5083, extension 520. cc: Mooresville Regional Office, Water Quality Section NPDES File Central Files 1617 r+m"! Service Center, Raleigh, North Carolina 27699-1617 Sincerely, Valery Stephens Point Source Branch 919 733-5083, extension 520 (fax) 919 733-0719 Vpsr US ON THE INTE_RNET @ http:l/h2o.enr.state.nc.us/NPDES Velery,Stephens ncrnail.net pprPDES APPLICATION FOR. PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 1 00% domestic wastewater (<1 MGD know) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Pennit Number- 1. Contact Information: Facility Name Owner Name Street Address City State / Zip Code Telephone Number Fax Number e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number „NCO() 6I 03''l Please print or type 17 -70 NC 2. Location of facility producing discharge: Check here if same as above Facility Name (if different from above) Street Address or State Road City State / Zip Code County 3. Reason for application: Expansion/Modification * Existing Unperrnitted Discharge New Facility * Provide a description of the expansion/modification: Renewal Page 1 of 3 Version t2'02 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 4. Description of the existing treatment facilities (list all installed components with capacities): 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial. Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the source(s) of -wastewater (example: subdivision, mobile home park. etc.): eA IN 1 cf- 6. List all permits. construction approvals and/or applications (check all that apply): Typ RCRA UIC NPDES PSD NESHAPS Permit Ntunber Type Permit Number Non -Attainment Ocean Dumping Dredge/Fill Permits Other 7. Nuniber of separate wastewater discharge pipes (wastewater outfalls): 8. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: Pale 2 of 3 Verson 12702 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be flied only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 9. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): e 44 C 10. Is this facllity located on Native American lands? (check one) YES 1 NO I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belie( such information is true, complete, and accurate. Printed Name of Person Signi OK. g Sigr4ure of App»an Date Signed North Carolina General Statute 14 -215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document tiles or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section till provides a punishment by a line of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page 3 of 3 Verson 1 2/02 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPN' NPDES No. NC0061034 Facility Information NT Facility Name: Permitted Flow: Facility Class: Facility/Permit Status: i.e. New, Modification, Existing or Renewal) ReceivingStream: Stream Classification: Subbasin: Drainage Area (mi2): Summer 7Q10 (cfs) Changes Incorporated into Rowan & Associates 0.0062 MGD 1 Existing Count : Regional Office: USGS Topo Quad: Stream Characteristics , to Town Creek 0.07 Permit „Renewal Winter 7Q10 (cfs): 30Q2 (cfs): Average Flow (cfs): WC (%): Rowan Mooresvifle E16SE 0.1,7 N/A 1.3 Proposed Chances Effluent Limitations and Monitoring Requirements Pace Effluent Limitations and Monitoring Requirements Page Cover Sheet Parameters Affected Revised monitoring frequency for temperature from weekly to daily, Added TN and TP , monitoring, Monitoring be on quarterly basis. Changed expiration date from July 31 to June 30, 2004. Basis for change(s) Requirement of NC Administrative Code 2B.0500 for class 1 facility. This data will be used in the development of nutrient strategies for the Yadkin Basin. This is in response to an Administrative change to better align permitting and Basinwide planning ' operations within the Division of Water Quality, Summary The facility has requested a permit renewal with no modifications. The following notes were taken during the review of the application package: 303(d) List Review: Town Creek (from state road 1526 to Crane Creek) is listed as not supporting for sedimatation. The stream is listed as a low priority, Page 1 Version: May 22,, 1999 Basin Plan. DEN." FACT SHEET FOR DES E M : DEVELOP,, NIPDES No. NC0061034 (Continued) Retie g f Bas n PI n: l it for anon was reported for TOWn Creep in the asteload Allocation (prepared . 1 1 . ): ,irriit were deter fined to he secondary for BOD, TSS, Fecal Conform, , and pH. An a nionia limit of 617 rngill was assigned for the summer months. In addition, a limit of 30 mg/1ias assigned due to the fact that there is an on -site restaurant,. No p DPIR Re fie dot mpling as re core n ended. P`ac ili ppears to he operating within the constraints of their existing permit conditions. BOID levels range from 1.0 mg/1 to 12, mg/I, TSS levels range from 1,0 mg/1 mg/1 to 6.0 nagil, Ammonia levels range from 0.1 mg/l to 0.85 lid Fecal conform levels range from <2 #1400 rim to 6.0 It/100ml over tid. from 1 '7 to 1998, osed Schedule for Perrnit Issuan+ Draft Pe it to Public .Notice: Permit Scheduled to issue: State Contact al1P ,7/19/99 If you have any questions on any of the abose on or on the attached permit. please contact Charles'iVeaver a (1 ) -5 8, extension, 511. Copies of the folio development: ached to provide further info ation on the permi Existing perm it effluent sheets s ^ith changes noted lexistihp facil ,[:raft Perrnit e Vei iom.ttt , 1999 DEN" )WQ NET SHEET FOR NPDFS PERMIT DEVELOPMENT NPDES No. NCt 0 1 034 (Continued) NPDES Recommendation Reionl Office Com ants Regional Reno endatin a by: Reviewed 13v°n Regional Stipery PDS knit: Signature• Date Permit No. NC006 1 034 STATE OF NORTH CAROLINA DEPART. NT OF ENVIRONNIENT A,ND NATUR.AL RESOURCES DIVISION OF WATER QUALITY PERMTT TO DISCHARGE WAsTEWATER UNDER THE NATIONAL, POLLUTANT DISCHARGE ELIMNATION SYSTEM In compliance with the provision of North Carolina General Statute 143,-215.1. other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal \Water Pollution Control Act, as amended, Rowan Associates & Mercantile is hereby authorized to discharge wastewater from a facility located at the Rowan Associates & Mercantile 905 Webb Road Salisbury Rowan County to recei i ng waters designated as an unnamed tributary to Towin Creek in the Yadkin -Pee Dee Ri er Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, HT and IV hereof, The permit shall become effective This permit and the authorization to discharge shall expire at midnight on June 30, 2004 Signed this day DRAFT Kerr T. Stevens, Ibirector Di visittri of Water Quality By Aitthority rif the Environmental Managernerit Commission is here b authorized to; SUPPLE NT TO 'E T CO R S ' Rowan As and le Per rrtit No. ' t 0 1034 Continue to operate at a existing 0.0062 MGD wastewater treatment plant consisting of dual septic tanks, subsurface ace sand filter, chlorine contact chamber with tablet disinfection, dechlorinat onp arid stela aeration located at Rowan associates & Mercantile, 905 Webb load, Salisbury; Rowan County{ and Discharge e from said treatment N‘orks at the location peed) don the attached map into an unnamed tributary to Traw11 Creek, , which is classified asC waters in the Yadkin -Pee Dee River Basin, Latitude: 35'35' 45'' Longitude: 80" 32' 05" USGS Quad #: E l 6SE River Basin #: 03-07-04 Receiving Stream; UT to Town Stream Class: C DI"C ARE Pc T Rowan Associates & Mercantile NC0061034 Rowan County A,(1) EFFLUENT [IMITATIONS AND MONFFURING . EQIREMENTS Permit No. NC006 1034 During the period beginning on the effective date of the permit and lasting until ex.piration, the Permittee is authorized to discharge from °titian serial number 00 1 Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, 5 day, 200 Total Suspended Solids NH, asJ,jiji to OctobejJ NH asjjNovember 1 to March ' Fecal Colifo tri an Tempera u e Oil & Grease Total Nitrogen lotatFhosphorus PH' LIMITS Monthly Weekly Average Average ,0062 MGD 30.0 m/1 • 30.0 mg/I 6.7 0.0 m 200 / 100 ml 30.0 my/ Notes: Sample locations 1— Ittfluent, E — Effluent, 1 he pH shall not be less than 6.0 standard untts nor greater than 9.0 standard MONITORING REQUIREMENTS Daily Measurement Sample Maximum Frequency Type Week_l_y lnstantaneous 45.0 mg 2/Month Grab 45.0 m /I 2/Month Grab E 2/Month Grab E Sample Location I or E 2/Month Grab 400 / 100 ml 2/Month Grab Day Grab 60.0 2/Month Quarterly There shall be no discharge of floating solids or visible Tot„ arnounts. Grab Grab Quarterly Grab 2/Month Grab State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director l lr. Tom \V'. Walton 12czta, art Associates & Mercantile P.O. Box 664 Morganton, North Caraalina Dear Mr, Walton: The Division is Office have sit Requirements page, 28680 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES :t a Subject Modification of NPDES Per Rowan Associates & Mercan Rowan County NC0061034 Center ued the subject permit on March 29, 2000. Division personnel in the Mooresville Regional ed the file and noted a typographical error on the Effluent Limitations and Monitoring 1 hi permit modification corrects the sample t}vpe for BOD, Total Suspended Residue and NH3 as N. The "Composite" sample requirement is not correct for these parameters, and has been changed to "Grab". Please find enclosed the revised A. (1.) permit page. The revisr:cl page should be inserted into your persrsit. The old page may then be discarded. All other terms and conditions contained in the original permit remain unchanged and in full effect. 'hhis permit modification is issued u.ndcr the requirements of North Carolina General Statutes 143- 213.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. Ifa unacceptah folio Carolina robot frequencies or sampling requirements contai u have the right to an adjudicator- hearing u eipt of tl letter, 'I his request must be a written. petition General Statutes, filed with the Office of -Administrative 1-Iear Carolina 27(99-671.4). Unless such demand is made, this decision shall be fi CC If v=ou have any questions concerning this permit rnMil tnc<at3e n sion 5 11. 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 An Equal Opportunity Affirmative Action Employer Sincerely, d in this permit modification pare request within thirty (30) days ing to Chapter 1 DOB of the North 4 Mail Service Center, Raleigh, North nd binding. please contact Charles Weaver at (919) Telephone (919} 733-5083 FAX (919) 733-0719 VBSIT us ON THE INTERNET @ http:Nh2o.enr.state.nc.usJNP©ES Permit NC0061034 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is. authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, 5-day (20°C) Total Suspended Residue NH3 as N A ril 1 — October 31 NH3 as N (November 1 — March 31 Fecal Coliform (geometric mean) Oil and Grease Temperature (°C) Total Nitrogen (NO2+NO3+TKN) Total Phosphorus pH1 LIMITS MoNITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency 0.0062 MGD 30.0 30,0 mg/L 6.7 mg/L 30,0 mgIL 200 / 100 ml 30,0 mg/L Weekly 45,0 mo/L 2/Month 45,0 m on h 2/Month nth 4 0 100 ml 2JMonth 60,0 mg/L 2iMonth Daily Quarterly Quarterly 2/Month Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Influent or Effluent Footnotes 1. The pH shall not be less than 6.0 standard units nor greater than 9,0 standard units. Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts,. JAMES 8, HUNT JR. GOVEPNOP BILL HO—MAN SECRETARY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORESVILLE REGIONAL OFFICE DIVISION OF WATER QUALITY April 5, 2000 Mr. Tom W. Walton Rowan Associates & Mercantile P.O. Box 664 lvlorganton, North Carolina 28680 Subject: NPDES Permit No. NC0061034 Rowan Associates & Mercantile Rowan County, NC Dear Mr. Walton: Our records indicate that NPDES Permit No, NC0061034 was issued on March 29, 2000 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit, Of particular importance are Pages 4 and 5 Pages 4 and 5 set forth the effiu.ent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth, The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency, If you have not received these forms, they should be arriving shortly„ if you fail to receive the :forms, please contact this Office as quickly as possible, 1 have enclosed a sample of the "Effluent" reporting form (DEM Form WIR-1), plus instructions for completing the form. It is imperative that a applicable parts be completed„ and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office, it is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions .applicable to the operation of wastewater:treatment facilities and/or disc.harge(s). The conditions include special reporting requirements in the event of noncompliance, 'bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater '„4.041,..Amtalt 2 R 919 NORTH MAN STREET, MoORESVILLE, NORTH CARoLINA 2E3115 PHORE 704-663-1699 FAX 704-563-6040 AN EQUAL ORPORTUNITy 1 AFFDRMATIVE ACTOON EMPLOYER - 55% RecYcLEW10% PO.5',-LONS'UMER PAPER Mr Tom Walton April 5, 2000 Page No. 2 facilities Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215,6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification, We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG/de A ‘ROW&ASNP LTR T State of North Carolina Department of Environment and Naturat Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Tom W. Walton Rowan Associates & Menantile P.O. Box 664 Morganton, North Carolina 28680 March 29, 2000 NCDENR NOR'TH CAROLINA DEPARTMENT OE ENVIRONMENT AND NATUFRAL RESOURCES rZIVG.i0M12q1; NOVrkrVAL tk ZAite.97 111,31`,:4 Subject Issuance of NPDES Permit NC0061034 Rowan Associates & Mercantile Rowan County Dear Mr, \Valton Division have reviewed and approved your application for renewal of the subject permit. A.ccordingly, 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. ior subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatorhearing upon tikrritten request. within thirty (30) days 'following receipt of this letter. This reqtiest must be in the form of a written petition, conforming to Chapter 150B of the North. Carolina General Statutes, and filed M,rith the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 2769943714). Unless such demand is made, this decision shall be final and binding. Please note that t„his permit is not -transferable except after notice to the Division The Division may require modification or revocation and reissuance of the permit. This permit does not affect. the legal requirements to obtain other permits which may be required by the Division of Water Quality or .permits required by the Division of Land Resources, the Coastal Area Manaement ...Actor any other Federal or Local governmental permit that may be required, If you have any questions concerning this permit.. -please contact Charles Weaver at telephone number (919) 733-5083, extension 511. Central Files Offiee/Walt0,,QU410 Secton NPDES Unit Point Source Compliance, Enforcement Unit Technical Assistance & Certil ication Urtit 1617 Mail Seririce Cen(er, Raleigh.. North Carolina 27699-1617 An Equal Opportunity Arlirmative Action Employer. Sincerely, ORIGINAL SIGNED BY BILL ROD Kerr T. Stevens Telephone (919) 733-5083 FAX (919) 733-0719 Visni us ON THE INTERNE' I4 htiPilh2oenr,:slaTe,no us NPDES Permit NCOO61.034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTE " In compliance with the pro ision of North Carcrlit'ta General Statute 143-215.1, other lawful e North Carolina stanMdards and regulations rt Cc n rr1i s on . and 1 promulgated Water Pollution : on Control Act, as a�r al en dlt Rowan Associates lay authorized to disch to receiving waters desi Yadkin -Pee Dee River 3a in accordance with effluent 'Os, monitoringIVor # i equi.rernents, and other and antile from a iacilit <* located at Rowan Associates & Mercantile 905 Webb Road Salisbury Rowan County conditions set forth in Parts as an unnamed tributary to Town Creek in the This permit shall become effective Ma i e 2000, This permit and authorizatiof to discharge shall expire at midnight on June It . 2t)Ci4. Signed this rla , March 29, 2000, ORIGINAL SIGNED BY BILL REID s, Director of Water Qualit),v 7 of the Er trmmission SUPPI. E IT COVER SHEET Row, Associates Mercantile hereby authorized to:: ontintie to operate an e i tirr ;0.0062 l IGD w a t+ e irallts\\ irrg component Dual septic tanks Subsurface sand filters Chlorine contact chamber ith tablet ch r•i. l echlor-inatior Step aeration facility i lcsrt ted at905 bb Road VWFP near SalSalisbury in Ro ;ar. Com ix ration R NN ii A elate I ch r ,e fr m said trcatrks the Io atic rr specified on the c map into ar arr .named tr ib .taow i Creek, classified C watersin the Yadkin -Pee Dee River Basin. Ft4Ist Pro I 1 \ 2-2 -A por Lati rock:: LongituLie': USGS QuJd #1 1E 1. GS:E RIN,Cr BaS111# 03-07-04 e n Crec,k S(re3rn CkL- C RowanAssociates& Mercantile NC0061034 Rowan County Pemiti t NCOOG 1 034 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — FINAL During the r)nrod beginning on the effective date of this permit and lasting. until expiration, the Permittee is authorized to discharge from °titian 001.. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS Flow BOD, 5-day (20c1C) Total Suspended Residue NH3 as N (April 1 - Octobe. NH3 as N •Novernber 1 - March 31) Fecal Coliform )qeornetr mean) 0 0062 MGD HTS MONTORING REQUIREMENT n hly Daily Measurenient Sample Type Sample Location Average'Maximum Frequency Weekly lnstantaneous Influentor Effluent 45,0 mglt 2/Month Composite Effluent. mg/L 4 ,0 mg1L 2/Month Composite Effluent Oil and Grease Temperature ('C) Total Nitrogen (NO2+NO34-TKN) Total Phosphorus pHi 6 7 mgiL 300 mgit., 2001100 . 30 60,0 mg& 2 pos le ien Composite 21Month Grab Grab Effluen Effluent Effluent Daily Grab Effluent Quarterly Grab rterly Grab 2fMonth Effluent Etfluen Grab Efllue Poptt:tut!!s: 1, The pH shall not he less than 6,0 standard tiris grea ter than 9,0 standard unit,s. There shall be no di17, scharoe of floanE4 nsolids or vifoam in foain other than trac'am e ounts. •T e of =1comply wi, u t O folio ','rig schedule: P 1mply with F1 tient tio f o a o 2. Pe 8 ,. at ti provide ¢ration and =<l rt re* litl: at optim No 14 calendar110 a date s uhnu`t ' a t f or *den to i + at a Witten notice of compli or ude n pig nex nob probabili of ve f cti -�ons d e Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources, Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq,. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sure by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c, The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. trartcerttration Measurement a . The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. it is identified as "daily average" in the text of Part 1. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation' in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part Il Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month, b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A ''continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shafl be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between sarnples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab sarnples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation o Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight ot the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sarnpling, 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 5c-T1QNW GENERAL CONDITIONS Puty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Dean Water Act and is grounds for enforcement action; for perrnit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2$00 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. (Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6AI d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class 1 violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class Il violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Mitigate The perrnittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil ond Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part 11, C-7), nothing in this perrnit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and H ardo Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,. or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Duty to Provide Information The perrnittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The perrnittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by th this permit, the permittee must apply for and obtain a new permit. fter the expiration date of Part 11 Page 6 of 14 10. Expiration of I emit The permittee is not authorized t© discharge after rthe datetlon the permittee shall subm receivee. In orde to such automatic authorization to discharge beyond the information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any perrnittee that has not requested renewal at least 180 days prior to expiration, or any perrnittee that does not have a permit after the expiration and has not requested renewal at least 180 da 2 5 6 andr to 33e USCttion will ls b)ect the permittee to enforcement. procedures as provided to NCGS 1 . Signatory jequ,,rgrnents All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified, a. All permit applications shall be signed as folio ors: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information authorized requestedby the h P res it Isiui of g Authority shall be signed by a person described aboveby duly that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overallt'esponsibiluy bore envir ann mod matters for the company. (A duly authorized representative may individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I. am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modi cation, R?vocation arid Reissuance. Or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 21-1 .0100; and North Carolina General Statute 143-2151 et, al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThe exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. 1 The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE QE POLLUT1ON CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Cornmission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission, The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter BA .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, Ill, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter BA .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. LaQfld M The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to Halt or Reduce not a Defen,se It shall not be a defense for a perrnittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this perrnit. 4. Bypassing of Trvatment FaciJitie a. Definitions (1) "Bypass" means the.known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility, (2) 'Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The perrnittee rnay allow any bypass to occur which does not cause effluent limitations to bc exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a perrnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property darnage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The perrnittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (I) of this section, Part. II Page 9 of 14 a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review, c. Conditions necessary for a demonstration of upset. A perrnittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The perrnittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 1I, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the perrnitt the burden of proof. eking to establish the occurrence of an upset has 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. rower Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SE010 D. M '. RD Samples collected and measurementsaSamples collected at ashall requency less than daily be characteristic of the volume and nature of the perrrantt�discharge. shallbe taken an a day and time that characteristic taken at the monitoring points specified e over the entire � tha which the sample represents, All samples shall perrnit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Fo (D later No. o MRhant1, 1.13f2h3) or alternative forms approved by the Director, DEM, po stmared noay following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: 4. Division of Water Quality Water Quality Section Al iENTION: Central. Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a of a raaximum deviation of discharge valurrnes,�Urnce-through s than + 10% from the true discharge rates throughout therange expected condenser cooling water flow which is 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 ,uirerrnent. blshe Test p rcacedures for the n alysis of pollutants llutantster dalll conform Quality Reporting the M Cregulations lad©nsregulationspulid a pursuant to NCGS 143-215.63 et seq, published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as ved under 40 Amended, and. Regulation 40 CFR '' or in the case of 4© CFR 503, unlessotdge use or disposal, her test procedures haveuobeen specified CFR 136, unless otherwise specified in this permit. ce To meet the intentof the monitoringlevels �hateare beiothis w tnhe permit discharge requirementerrni 11 test procedures must s and minimum detection and reporting the rs generated oast beo me redported n kdetection achieving minimum detection pand proocedure. If no approved methods are determined capable Part 11 Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $I0,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Reecrels Retention Except for records of monitoring information required by this permit related to the permitteCs sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permitter shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. 8. Inspection and Entry The perrnittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the perrnittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring perrnit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part 11 Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of t The discharge of any pollutant identified in this permit more frequently than or at a level of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the natureincrease the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the perrnit, nor to notification requirements under 40 CFR Part 122.42 (a) c. The alteration or addition results in a significant change in the perrnittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing perrnit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. icipateiNoncornnli The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring Report Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. if the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 4 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the perrnittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a w 5 days following first knowledge of the occurrence. 10.�--vaila ili f cif Reports Except for data deterrnined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal. Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. for_ 1if' n report in letter form within The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. roundwatvr Monitoring The perrnittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in taischargesof Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6-dinitrophenol; and one milligram per liter (I mg/I) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (I mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The perrnittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. peg t pay the ual ad sty `g and compliance"t ° fee 0 rty days er ng billed by 'the DiA.sion. Failure to pay the fee in mire accordance ° th 15A NCAC . 4 i } vision to ate action revoke `t. 500 copies of tl public doe eat mere grin d at a e, st'f. 50 r .27 per copy. Permit No, NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE N.ATIONAL POLLUTANT DISCHARGE ELIMINATION syiTENT In compliance with the provision f).f North Carolina General Statute, 143-2E5,1, other lavvful standards rand regulations prornuleated and adopted by the North Carolina Environmental 'Management Comnfission. and the Federal Water Pollution Control Act, as amended, Rowan :.Associates her oby-adthorized to'dischargeHW.asW'atetfrbftRa:fiIciI.ityhOOated. at the :ASSOC:ititO$, 905 'Webb Road ROwao..COunty to receiving waters designated as an unnamed tributary to Town Creek in the Yadkin -Pee Dee Riser Basin in accordance \vith effluent limitations. monitoring requirements, and other conditions set forth in Parts 1, II„ III, and IV hereof, The pemnt shall becorne effective This .peirrnit and the atithonzation to dischame shifil expire at midnight on June 30, 2004 IRA Kerr lie Stevens, Director Division of Water QUality 13y „Authority of the Environmental NTtnagernent Commission hers 1. end 1u.thorizl l Discharge t: unnamed 1r1t River Basin. !PP1 1` T: PE' T va. Associ. gni WO Peim i. NC061034 n tET a° tewater [r auncut ltlnt r nsistit du nta1 t har11h1'r kVit l tahlet rlisint ,l 1 c; hltlrinatit n, and ._.a..attune, 90 'c h Road. Salisbury, Rowan County, the 11)9 I i 11;itiri can the c as-(. waters he rr11i into 1n aclk.iilsPeu D1uu,. • Bothin Lat. tude: 3515' 45— Longitude: • VSGS Quad 0977, River Basin #: 93-Q7-04 Receiving Stream: UT to To StreLim Class: (7, Rowan Associates & Mercantile NC0061034 Rowan County ➢ L: N"h L I MT1\Ti O N S A N I. \-I O N I"I _NJ( RE i_l l l °' t -NTS During the per rri beginning on the cffectiv°c date seritrl number 00.1. Such discharges shall he limit. I the perr-lit Lind I,1sti 'n, the Perri -rat ly the Pcrmittec as specified below: ci ti] chschz EFFLUENT CHARACTERISTICS Flow BOD, 5 da 20'C Total Sus ended Solids NHS as N (April 1 to October 31 NH, as N (November 1 to March 31) Fecal Coliform eometric mean Terrrrerature Oil & Grease Total Nitrogen Total Phosphorus PH' IMITS Weekly Average Monthly Average 00062 MGD 300c/l 30,0 ? /I.._.. 6,7 mc /I 30,0 m /l 200/100mi' Dal Maximum 45,0 rn /I 45,0 m./I 400/100mI MONITORING REQUIREMENTS Measurement Frequency Weekly 2/Month 2/Month 2/Month 2/Month 2/Month Daily 2/Month Quarterly Quarterly 2/Month Sample Ty Instantaneous Grab Grab Grab Grab Grab Grab G rab Sample Location' he less than 6_0 'i'here shall he n a dischtrr° ; of floati vis tl Permit. No. NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIIRONMENTALAND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina. Environrn.ental Management. Comrnission, and the Federal Water Pollution Control Act, as amended, Rowan Associates is hereby authorized to discharge wastewater from a facility located at Mercantile -Center Webb Road (NC-SR15Q)andJ-85 southwest-cof Salisbury Rowan County to receiving waters designated as anyunnamed tributary to Town Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, and III hereof. This permit shall become effective A9 This permit and the author' tion to discharge shall expire at midnight on July-31; 998 -_ ._..- Signed this day J. tl Director Division of Environmental Management By Authority of the Environmental Management Commission is he by authorized to: I Continue to operate existing. s pti s in series, a - a1 gallonchlorine contact ch r til ntr, Webb Road County ` this - PE Row Associates ys on pump , a 412 square itla tablet chlorinator, and a Perm it 1. NC 61 nd SOU ausisting of o (2) allon ace sand filter, a ration unit located at Salisbury, Rowan 2, Discharge from said treatment worksat the Imation specified on the attached map into an unnamed nibu . to Town k which is classified Class C waters in the Ya• -Pee Dee River Basin. A, ). Efil EVENT IT LI IT .TION ) rroi !NG REQUIRT ` S SUSUMMER(April - Octof Et During the period beginning on the r oath -flits) serial number 001. Such d haraale rI. c Flow O, 5 day, 20°C Total Suspended Residue NH3 asN Fecal Conform {geometric mean) Temperature Oil and Grease tive date of the permit and lasting until expiration, the litrtratteeis charges shall be limited and rr on i or d by the p rrnitt e as specified I tla.char e 0,0062 VET 31.0 m1 30.0 mg/l .7 me/l 200.0 /100 ml 30.0 Sampe locations: E - Effluent, l - lnflunf pH shall not be less than 6.0 standard units nor greater than 9.0 stand, ample. re shall be no discharge oo ng sc ids or visible foam in other than trace a awn: Dolly 45.0rtg 1 45.3 r 'oil P runic No. NC0061034 ed to discharge from culturing surement qpy Weekly 2/Month) 2/Month 2/Month 400,0 /1 0 nil 2/Month Weekly .. 5. mo/l 2/Month units an otin. _..equirrnen a. of Typo Instantaneous Grab Grab Grab Grab Grab Grab hail t ont d onth at the PIS uent b" E E E E F E A.( ). EHTUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November I - March 31) Permit No, NC0061034 During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge from ourfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Flow ROD, 5 day, 201C Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Temperature OH and Grease Discharge Limittitiont 0.0062 30.0 mg/1 30.0 nigil 30.0 mg/I 200.0 /100 ml 30.0 moil ekly Avg. Monitoring Measurement Frequency Weekly 45.0 moil 2/Month 45.0 mg/I 2/Month 2/Month 400.0 /100 ml 2/Month Weekly 60.0 mg/I 2/Month Requirements Sams, ; *SafilDi9. Tvpo Location Instantaneous I or E Grab Grab Grab Grab Grab Grab E E E E E E * Sample locations: E - Effluent, I - Influent The pH shall not be less than 6,0 standard units nor greater than 9.0 standard units and shall be monitored 2imonth at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. State of North Carolina Department of Environment Natural Resources Division of Water Quality juL 31 199a James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director July 27, 1998 Thomas W. Walton Rowan Associates & Mercantile P,O. Box 664 Morganton, NC 9 86 80 NC DENR Subject: Status of NPDES Permit NC0061034 Rowan County Dear Permittee: After a thorough review of the Yadkin -Pee Dee River basin management plan and water quality issues relevant to the subject facility, the Division of Water Quality has decided to extend the duration of the subject permit. The expiration date of your permit will be changed in order to allow the Division to review all NPDES discharge permits in the Yadkin River Basin during calendar year 1999. All terms and conditions in the existing permit will apply until a new expiration date is assigned by the Division. Extension of existing Effluent Limitations and Monitoring Requirements does not exempt the subject facility from the new Enforcement Policy recently enacted by the Division, Attached to this letter is a copy of the Public Notice that is being published to announce the planned extension of your permit. After Public Notice has been made by the Division, the expiration date of your permit will be changed via a permit modification. No draft permit will be sent out with the Public Notice, as none of the conditions in the existing permit will be modified. The Division appreciates your patience and understanding to date regarding the rescheduling of the subject permit. If you have already submitted your renewal application package, no additional fees or documentation will be required as a result of this change to your permit's expiration date. If you have questions about this proposed modification or about the permit renewal process, contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, A. Preston HowardP.E. Central Files Mooriieville Regional Office, Wata Quality Section( NPDES File P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us Permit No, NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215,1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rowan Associates & Mercantile is hereby authorized to discharge treated wastewater from a facility located at Rowan Associates & Mercantile Salisbury Rowan County to receiving waters designated as subbasin 30704 in the Yadkin -Pee Dee River basin. in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 21, 1998. The permit and authorization to discharge shall expire on June 30, 1999. Signed this day September 21, 1998. A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of W ier Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., PE. Director Thomas W. Walton Rowan Associates & Mercantile P.O. Box 664 Morganton, NC 28680 Dear ,Permittee: September 21, 1998 NC DENR 4't C I Subject: Modification of NPDES Pertnit No. NC0061034 Rowan Associates & Mercantile Rowan County The Division is beginning the second five-year cycle of river basin planning and permit renewals, An examination of the basin, planning schedule has revealed that the timing of permit renewals does not allow an evenly distributed workload as first envisioned. This results in problems with the efficiency and effectiveness of the NPDES program. In an effort improve customer service, and after thorough review of the water quality issues in your area, the Division is changing the permit renewal schedule for all NPDES permits in your sub -basin, This permit modification changes the expiration date of the subject permit to June 30, 1999. Please find enclosed the revised permit cover page. Insert the new cover page into your permit and discard the old page. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued pursuant to the requirements of North Carolina General Statutes 143-215,1 and the Memorandum of Agreement between North Carolina and the U. S, Environmental Protection Agency, If you have already submitted a permit renewal application for the subject facility, the Division will retain the application until your permit is due for renewal. No additional forms or fees will be required. If any parts, measurement frequencies or sarnpling requirements contained in this permit modification 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 a written petition conforming to Chapter 1505 of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding, If you have questions about this modification, please contact Charles Weaver of my staff at the telephone number or address listed below, Sincerely, :on HowardJr., P.E. cc: Central Files Mooresville Regional Office, Water Quality Section Roosevelt Childress, EPA NPDES Unit Files Point Source Compliance Enforcement Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles Weaver@h2o.enr.state.nc.us State of North Carolina. Department of Environment, Health and Natural Resources Division of Environmental Management Jaynes B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 30. 1993 Thomas W. Walton POBox664 Morganton, NC 28655 JUL 07.1993 at MINIUM/a WEER VORESVIllf RISK NFL Subject: Permit No. NC4061034 Mercantile Center Rowan County Dear Mr. Walton: In accordance with your application for discharge permit received on May 20, 1992, we are forwarding herewith the subject state - NPDES 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 US Environmental Protection agency dated December 6, 1983. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Greg Nizich at telephone number 919T733-5083.. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr.. Director cc: Mr. Jim Patrick, EPA Mooresville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733---7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 O% post -consumer paper Permit No. NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESQUEIG66-. OF NATURAL DIVISION OF ENVIRONMENTAL MANAGEMENT RESOURCE, AND COM MI N ITT DE VELOP1,112fr PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYST JUL 0 7 1993 WAMAGOIM RE.GWRAI. OFFICE In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rowan Associates is hereby authorized to discharge wastewater from a facility located at Mercantile Center Webb Road (NCSR 1500) and 1-85 southwest of Salisbury Rowan County to receiving waters designated as an unnamed tributary to Town Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring require , and other conditions set forth Parts 1, 11, and III hereof. This permit shall become effective August 1, 1993 This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day June 30, 1993 Original Signad By Coleen H. Suns A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authori Pe it No. NC0061034 SUPP1 PE R Row AssocmAssociates 1. Continue to oNrate an existing recirculatingd filter system consisting of two (2) 251:0-gallon septic s in series, a 5 gallon pump , a 415-square foot surface sand filter, a gallon chlorine e contact ch bet with tablet chl• ° tor, and a post -aeration unit located at Mercantile Center, Webb (NCSR 1500) and 1-8 , southwest of Salisbury, Rowan County (See Part of this Permit), and 2. Discharge from said treatment unnamed tributary to Town River Basin. at the location s - ifi n the attached map into an It which is classified ass C waters in the Ya+ -Pee Dee A. ( ). EFFLUENT LIMITATIONS A MONITORING REQUIREMENTS SUMMER (April 1 - October 31) P it No. NC0061034 During the period beginning on the effective date of the permit and lasting until expiration, the Pemittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the pennittee as specified below: Effluent Characte 'stip Flow BOO, 5 day, 20°C Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Temperature Oil and Grease Discharge Limitation bionthlv Avq 0.0062 30.0 mg/ 30.0 mg/I 6,7 mg/I 2000./100 all 30.0 mg/l Weekly Avq. Daily Max Monitoring Requirements Me4aurement Sample *Sample Frequency Type Location Weekly instantaneous 1 or E 45.0 mg/I 2/Month Grab E 45.0 mg/I 2/Month Grab E 2/Month Grab E 400.0 /100 mi 2/Month Grab E Weekly Grab E 60.0 mg/l 2/Month Grab E * S. ple locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foin other than trace amounts, A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November I - March 31) Permit No. NC0061034 During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Et u nt characteristic Flow BOD. 5 day, 20°C Total Suspended Residue NH3 as N Fecal Coliform (geometric mean) Temperature Oil and Grease Monthly Ayg 0.0062 KM 30.0 mg/I 30.0 mg/I 30.0 mg/I 200.0 /100 ml 30.0 mg/I 0 Weekly Avg. Dolly Max 45,0 mg/I 45.0 mg/I 400.0 /100 ml 60.0 mg/I FA opitoring Meesuremetit Frequency Weekly 2/Month 2/Month 2/Month 2/Month Weekly 2/Month Reoulremen.ts Semple LIC1211 Instantaneous Grab Grab Grab Grab Grab Grab E I or E E E E E E * Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2lmonth at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. section B. Schedule of Complian PART I I. The pe ee shall comply with Final EfEffluent LimLimitations spec; acco ce with the followischedule: edfor scharges Eurmillee shall comply Vith Final Effluent Linu'cations by the effective date of the permit specified low. n o Perrnittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum iency No later than 14 calendardays following a date identified in the above schedule of compliance the perrnittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken.. and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. . DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. Ettic Used herein means the North Carolina Environmental Management Commission.. 4, Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. MasslDay Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit.. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit, d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such. year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported, This limitation is defined as "Annual Average" in. Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the surn of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for sarnples collected during a calendar year. This limitation is identified as "Annual Average" under ''Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part 1. g. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent tinges when there may be no flow or for infrequent maintenance activities on the flow device. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of dyne not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Cajcttlation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II. Page 4 of 14 c. Weighted by Flow Value; Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows,. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. naz.arclous,Siihstance A hazardous substance means any substance designated under 40 C".FR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.. S) C ION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both.. Any person who imowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who 'violates a permit condition may be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)} c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215,6A] d, Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class LI penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Qriminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this perrnit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the perrnittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the perrnittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this perrnit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. SeveTabilitv The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Puv to Provide Information The perrnittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. ExpiAtiop of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or terrnination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al, 14. previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. I The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLU11ON CONSOLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission, The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class LI, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Partil Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This pi vision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Need to Halt or_Reduce not a Dferisc It, shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The perrnittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c, and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The perrnittee shall submit notice of an unanticipated bypass as required in Part LI, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a perrnittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part LI Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the perrnittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. 1.emoved Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part Il Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall, comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the perrnit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING ANI[,RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sarnple represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Flow Measuretn_enig Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%1 from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control. Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit, To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and. f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. ECT1ON E. REPQRTINQ REOUIREMENTS. 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this perrnit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit, 2. pl4rmed Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the perrnittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Part II Page 13 of 4 This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reims Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four fiQur Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the perrnittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. e. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permiuee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part E. 6. of this permit. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of si cant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Repona Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management, As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. Penalties for Falsification of .Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART ffl` +d�R REQUIREMENTS A. Constrict tiorl No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental. Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ugfl); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Require ent to Continually Ev 1uate • lternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and. detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division.. StG A. tt days r being billed by the Divi ton. to pay the fee in a timely accordance with 15A NCAC rO Q b 4 may cause this Division to initiate action to revoke e P ' "_T " N* 0 st pay d compliance morthoring fee David A. Roberts Engineering SPECIALIZING IN WATER AND WASTEWATER ENGINEERING PROJECTS Mailing Address 04)857-3Office Location BUS, PHONE (7600 309 N, ZION ST ANS, SERVICE (704) 8.51-59.61 HIGHWAY 21401 cod L ANDS, N.C. nceR D.UG1ERTY ROAD Mr. Rex Gleason North Carolina Department of Natural Resourcees and Community Development Post Office Box 950 Mooresville' North Carolina 28115-0950 May 14", 1987 NV1UAL N1TY 11.„0 E 13 U DMMX iLWZNNT MOuRaut Rttium, tffifi Subject: Proposed Gravity Flow Sanitary Sewer Extension and Septic Tank Webb Road at Interstate 85 Rowan County, North Carolina Rowan Associates,t Owner Permit Number NC 0061034 Dear Mr. Gleason: On March 3,, 1987 I forwarded to you three (3) signed Application for a PerMit to Discharge Pretreated Wastewater into an existing wastewater treatment facility at this project along with an Application fee check and three (3) sets of Engineering Plans and Specifications for this wastewater collection system. On. March 30', 1987', I received a copy of a letter to Mr. Tom Walton', Owner of Rowan Associates', from Mr. R. Paul Wilms,, Director of the Division of Environmental Management'„ stating' that this wastewater treatment plant is in violation of its NPDES Effluent Limits,f and that the project application and support documents were being returned to the. Owner. I discussed this matter with Mr. William C. Deadmon, plant operator, and he was as surprised as I was to learn that this plant was considered to be in non-compliance with its permit limitations. He assured me that he had found nothing to indicate non-compliance. He furnished me with copies of the monthly' monitoring reports from December 1985 through March of 1987', and we went through them in detail. The only area of possible misinterpretation dealt with the reported rate of flow into the plant. In discussing this matter with William Deadmon'r I discovered that he has been reading ona weekly basis the master meter on the well water system supplying this commercial project with water', and hasbeen listing this weekly flow rate on his monitoring reports and. has been computing an average weekly flow which he has reported as the monthly average on each monthly monitoring report. This would represent an average weekly flow rather than an average daily flow through this wastewater treatment facility. With this understanding in mind', the monthlymonitoring reports should be interpreted as follows: " " ymtmat AVe. eason 1987 _1 1 MONTS OF REPORT December 1985 January 1986 February 1986 March 1986 April 1986 May 1986 June 1986 July 1986 August 1986 September 1986 October 1986 November 1986 December 1986 January 1987 February 1987 March 1987 REPORTED WEEKLY AVERAGE 0.0239 MG 0.0196 0.0198 0.0265 0.0200 0.0200 0.0218 0.0356 0.0307 0.0287 0.0404 0.0245 0.0304 0.0241 0.0209 0.0220 (FOR 7 DAYS/WEEK) DAILY AVERAGE 0.0034 MGD 0.0028 0.0028 0.0038 0.0029 0.0029 0.0031 0.0051 0.0044 0.0041 0.0058 0.0035 0.0043 0.0034 0.0030 0.0031 We request that the Division of Environmental Management reevaluate this data and find the Rowan Associates Mercantile Center Wastewater Treatment Plant to be in compliance with its NPDES effluent limits. We also request that the Application,, Application Fee, Engineering Plans and Specifications for this proposed wastewater collection system expansion be. reinstated for review and approval. Please let me know if you have any questions,F if you need further information,, or if we can be of additional service to you. With kind regards sEA, SA..v ie2.4. 6271 David A. Roberts,' P.E. cme NOt Avio T.WilliamC.Deadmon.have served as, the Operator of the Rowan Associates Mercantile Center Wastewater Treatment Plant since the latter part of 1985,, and I hereby certify that the flows reported each week on the'monthly monitoring reports were weekly flow rates,, and the average rate of flow computed for each monthly report was an average weekly flow rather than an average daily flow. Certified Grade II Operator A. ). EFFLUENT LIMITATIONS AND MONIT©RING REQUIREMENTS SUMMER (April 1 - October 31) Permit No.. NC0061034 thorized to discharge from ow: During the period beginning on the effective date of the pemlit and lasting until expiration, the Permittee is at, outfall(s) serial number001, Such discharges shall be limited and monitored by the permittee as specified be Effluent; Character lstic Flow SOD, 5 day, 20°C Total Suspended Residue NH3 as N Fecal Coliform (geometdc mean) Temperature Oil and Grease Discharge t.irnitatl ►n; 0.0062 WO 30.0 mg/I 30.0 mg/I 6.7 mg/I 200.0 /100 ml 30.0 mg / I Monitoring Measurement Y AX¢. Daily Max Frequency Weekly 45.0 mg/I 2/Month 45.0 mg/I 2/Month 2/Month 400.0 /100 ml 2/Month Weekly 60.0 mg/I 2/Month * Sample locations: E Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Requirements Sample Tvpe Instantaneous Grab Grab Grab Grab Grab Grab 'Semple Location I or E E E E E E E onitored :'month at the effluent by grab NPDES PERMIT NO.: NC0061034 .PERMITTEE NAME: FACILITsir NAME: Rowan Associates ASTE LOAD . —OCAT N Mercantile Center Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001. Design Capacity: 0.0062 MGD Domestic (% of How): 100 % Industrial (To of flow): 0 % pc C. rr OF NATURAL P E SOT1 PCPS /VT CO* M i.Tfl Y ITINLIA)P eNT6 T 4 1992 111VMEgtrann. Vac ViCaOaki. Comments: Flea Market and Restaurant STREAM 'TNDEX: '12-.1.1573 RECEIVING STREAM: an Class: C tribuLm-y to Town Creek Sub -Basin: 03-07-04 Reference USGS Quad: El6SE, China Grove (please attach) County: Rowan Regional Office: Moores ville Regional Office Previous Exp. Date: 1/31/93 Treatment Plant Class: class 1 Classification changes within three miles: No chnage within three miles. Requested by: Prepared by: Reviewed by: —717 Randy Kepler 3(Ak: Date: 7/21/92 Date: wA /9[4 Date: .10 Modeler Drainage Area .12 . Avg. Streamflow (cfs): 7Q10 (et's)._ O. o? Wi ier 7Q10 (cfs) 0,.. 1 -7 30Q2 (cfs) Date Rec. Z, k A Toxicity Limits: IWC Instream Monitoring: Parameters Upstream Downstream Effluent Characteristics BOD5 r7c Acute/Chronic Location :Location Summer Winter F. Co1. V. 0( pH (SU) 6; —t IL Comments: thsciolake (5 TV A ur To f.1 gpc.4,-.LAE. Lim7,7-5MP (...44A4c tAl Rilu(1,6 r2,2c.K. AC Facility Name: Rowan Associates NPDES No.: NC0061034 Type of Waste: Domestic - 100% Facility Status: Existing Permit Status: Renewal Receiving Stream: UT Town Creek Stream Classification: C Subbasi:n: 030704 County: Rowan Regional Office: MRO ,AijIci � Requestor: R. Kepler Date of Request: 7/21/92 Topo Quad: E 16SE R. C. n or. or NATURAL FACT STET FOR WAST AD ALLOCATION RfcO r�ers AND Request # 7023 AUG 2 5 1992 OFFICE. Stream Charact ri tic; USGS # Date: Drainage Area (mi2): Summer 7Q10 (cfs): Winter 7Q1.0 (cfs): Average Flow (cfs): 30Q2 (cfs): 'WC (%): 1.34 0.07 0.17 1,3 0.23 12.05 Wasteload. Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility is up for renewal due to the basin -wide plan. The last WLA for this facility was done on 1j90. At that time, the facility was not given the NH3-N/tox choice. With this renewal, Mercantile Center will be given the NH3-N/tox choice. The facility has had 2 flow violations and 1. Fecal coliform violation in the past year., Special Schedule Requirements and additional comments from Reviewers; Recommended by: Reviewed by Instrearn Assessment: Regional Supervisor: Permits & Engineering; Date: Date: Date: Date: 1 9 1992 TO TECHNICAL SERVICES BY: Wasteflow (vIGD): BOD5 (m NH3N (m DO (mg/1) TSS Fecal Col. (/100 m1): pH (SU): Residual Chlorine (µg/1): Oil & Grease (mg/1): TP (mg/1): TN (mg/1): Recommended I,imits4 Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (rng/I):. Fecal Col. (/100 ml): pH (SU): Residual Chlorine (µg/1): Toxicity testing: ** ** CONVENTION Monthly Average Summer Winter 0.0062 0.0062 30 30 30 200 6-9 30 200 6-9 PA AAMETERS Monthly Average Summer Winter WQ or EL 0.0062 0.0062 30 30 6.7 30 30 30 200 200 6-9 6-9 Chronic Qtrly P/F at 12%© 3c), 30 00 ** NOTE: The facility should have a choice between an NH3-N iimit f 6.7/30 zrtg/1(surn /win} or quarterly chronic toxicity testing at 12%. Limits Changes Due To: Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures NIV-N/tox choice New facility information p 'i \ 2 G(Se ►n - a.rameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR 0 Parameter(s) Affected No parameters are water, quality limited, but this discharge may affect future INS ON • !NTS Upstream anon: Downstre , • ation: Parameters: Special instream monitoring locations or NEOUS Adequacy of Existing Treatment Has the facility de Stated the ability t facilities? Yes No If no, which parameters cannot he met? °tutoringf Genies: l SPEC I p l eet t IONS i new l rins with existing tr ent Would a "'phasing in" of the new limits be appropriate? Yes n if yes, please provide a schedule (and basis for that schedule) ' r'ith the regional office re r .. ... en a inns. f no, why not? Special lns ns or Condi7 astelnad sent to EPA? a or) _N (Y or N) (If yes, then attach schema c, taxies spreadsheet, copy of model, or, if not mcxl le 1, . assumptions that were made, and description of how it fits into bas n i e plan) Additional iitional Info tinn attached? (Y r N) If yes, explain with attachmen hen old To: Permits and Engineering Unit Water Quality Section Date: June 8, 1992 NPDES STAFF REPORT AND RECOMMENDATIONS County: Rowan Permit No.: NC0061034 MRO No.: 92-100 PART I - GENERAL INFORMATION 1. Facility and Address: Rowan Associates -Mercantile Center 1-85 and S. R. 1500 905, Webb Road Salisbury, North Carolina 28146 Date of Investigation: June 5, 1992 Report. Prepared by: W. Allen Hardy, Environmental Engineer 1 4 Persons Contacted and Telephone Number: John Nash, Manager, (704) 857-6660 Directions to Site: The site i quadrant of the intersection of Road) . cated in the southeast 5 and S. R. 1504 (Webb Discharge Point(s), List for all discharge points: Latitude: 350 35' 45" Longitude: 80o 32' 03 " Attach a USGS map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: E16SE USGS Quad Name: China Grove, NC 7 Size (land available appeared to be ample land available for expansion and upgrading. for expansion and upgrading): There Topography (relationship to flood plain included): The topography is gently sloping (3-8%) towards the receiving stream. The site is not in or near the flood plain. 9 Location of nearest dwelling: The nearest dwelling is approximately 300 feet from the treatment plant. Page Two 10. Receiving stream or affected surface waters: UT to Town Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin 030704 c. Describe receiving stream features and pertinent downstream uses: The receiving stream was approximately 3-5 feet wide with a defined channel (2-4 feet deep). Downstream uses were those typical of Class C streams. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100% Domestic 0% Industrial a. Volume of Wastewater: 0.0062 MGD (Design Capacity) b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A in development approved should be required not needed 2. Production rates (industrial discharges only) in pounds per day: N/A a. Highest month in past 12 months: lbs/day b. Highest year in the past 5 years: lbs/day 3. Description of industrial process (for industries only) and applicable CFR Part and Subpart: N/A 4. Type of treatment (specify whether proposed or existing): The existing treatment is a recirculating sand filter system consisting of two (2) 2,500 gallon septic tanks in series, a 7,500 gallon pump tank, a surface sand filter of 4,125 square feet, and a 900 gallon chlorine contact chamber with a tablet chlorinator and post aeration. A grease trap is provided for the grill located at the flea market. Waste from Stuckey's Restaurant/Fuel Station which has two septic tanks and a grease trap is also treated by the above system. 5. Sludge handling and disposal scheme: The permittee has contracted Rowan Septic Tank and Ditching Company, Inc. to remove sludge and grease as needed. 6. Treatment plant classification (attach completed rating sheet): Class 1 Page Three 7. SIC Code(s): 5932 Wastewater Code( s ): Primary. 02 Secondary: Main Treatment. Unit Code: 45007 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds (municipals only)? N/A 2 Special monitoring requests: N/A Additional effluent limits requests: N/A 4 Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? There are no known air or groundwater quality concerns expected from this project nor are hazardous materials utilized at this facility. 5. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Rowan Associates, has requested renewal of the permit which allows the discharge of treated domestic wastewater produced from Webb Road Flea Market and Stuckey's Restaurant/Fuel Station. The facility appeared to be well operated and maintained. A review of monthly monitoring reports during the period from May, 1991 through April, 1992 only revealed a violation of flow in the month of April. It is recommended that the permit be renewed. ality Date Supervisor TIST1 rl t1f AL,ILH) S Name of Plant: (at,)a,r+ Owner or Contact Person: Mailing Address: 05 vit,t Sail County: Telephone: NPDES Permit No. NCO° (1,1 4- Nondisc, IssueDate: vky,t, Existing Facility New Fac Rated By: R+t\f �c Date: Reviewed (Train_ & Cert.} Reg: Office Expiration Per. No. Date ty Reviewed (Train, & Cert.) Central Office ORCGrade Plant Class: (circle one) 11 IV To el Points ITEM POINTS (1) Industrial Pretreatment Units end/ or Industrial Pretreatment Program (see definition No, 33) (2) DESIGN FLOW OF PLANT IN GP© (not applicable to non-coniaminaled tooling waters, sludge handling facilities for water purification plants, totally closed cycle systems (def. No. 11), and lacilitieS consisting only of Item (4) (d) or Items (4) (d) and (11) (d)) 0 -• 20,000...,.w.................... 20,001 -- 50,000..0,........n._._...,„... 2 50,001 100„000�..................,,,. 3 100„001 •• 250.000.............,.•,.....w,. 4 250,061 -- 500,000,.a...n.,, 5 500,001-•1,000,000,....0.................m.,. 8 1,000,001 2000©©0 .... ............ 10 2,000,001 (and up) • rale 1 point additional for each 200,000 gpd capacity up 10 a rnaximu crl 30 Design Flow (gpd) ; �. © (c (3) PRELIMINARY UNITS (see definition no, 32) (a) Bar Screens.,.............�,,, or (b) Mechanical Screens, Static Screens or Comminuting Devices ... . . . ..... ... . . (c) Grit Removal.,._ .................. or (d) Mechanical or Aerated Grit Removal ... (e) Flow Measuring Device ,,,,,,,,,,,,,,,, Of (I) Instrumented Flow Measurement .. . (g)Preaeration._„a..,.,.,.m.,,.., (h) influent F1ow'Equalization .... , , , , , , (i) Grease or Oil Separators • Gravity ... , , Mechanical , , . , ,, Dissolved Air Flotation, 8 (j) Prechlorination,.._rt.,......,.., _ 5 4 2 1 2 2 2 (4) PRIMARY TREATMENT UNITS (a) Septic Tank (see definition no. 43) ......... . .. . (b) Imhoff Tank ... _..,. w....... ..............•, (c) Primary Clarifiers ..... , .. , , , . r , . , (d) Settling Ponds or Settling Tanks for Inorganic Nontoxic Materials (sludge handling facilities for wafer puritication plants, sand, gravel, stone, and other mining operations except recreational activities such as gem or gold 2 intermrttenl biological . , recirculating biological - , (5) SECONDARY TREATMENT UNITS (a) Carbonacec:s Stage (i)Aeralic^ • High Purity Oxygen System . , . 2IC. Diffused Air System .,=,,,,., 10 Mechanical Air System (fixed, floating or rotor) , , , , , . „ , 6 Separate Sludge Reaeration . ,3 (ii) Trickling Filter High Rate ............... 7 Standard Rate .. , , . 5 Packed Tower ..,,._..w,-• 5 (ii)) Biotogi at Aerated Fitter or Aerated Eiotogical'Filter .,.•.,,,...,,t.,...,.. 10 (iv) Aerated Lagoons . ... . .. . . ...... a , , ... 1 0 (v) Roteli-., Biological Contactors , Sand Fillers- (vii) StabiIizali (viii)Clarifier ..,,w... .............. (ix) Siingte stage system for combined carbonaceous removal al BOD rend •sous removal by nitrification 1, No. 12) (Points for this item be in addition to items (5) (a) )(vrii) _.m..a.,.,,,, to enhance SOD ulture ('Super Bugs") addition race organic compound removal , , , , genous Stage Aeration High Purity Oxygen System . . . Diffused Air System .. , , • . Mechanical Air System (fixed, floating, or rotor) , , .. , - ... . Separate Sludge Reaeration , Trickling Filter High Rale .. . .. . ....... . Standard Rate ..... Packed Tower .,,..t..,.., ogival Aerated Filler or Aerated intermittent biologic; recirculating biological ., (v i) Clarifier...................e.. 10 5 20 10 6 3 7 5 5 10 10 2 3 5 (6) TERTIARY OR ADVANCED TREATMENT UNIT (a) Activated Carbons Beds - without carbon regeneration ... with carbon regeneration .... • • - . • • - • Y • • . • • (b) powdered or Granular Activated Carbon Feed - without carbon regeneration . • ... • ...... • • . with carbon regeneration .. , . (d) Denitriticatien Process (separate process) . (e) Electrodialysis,.•• ,••...••,•••••••••. (f) Foam Separation ....... ... t (g) Ion Exchange .... ,....................... (h) Land Application of Treated Effluent (see definition no. 221)) (not applicable for sand, gravel, stone and other similar mining operations) (i) on agriculturally managed sites (See def. (k) (1) (10) HEMICAL ADDITION SYSTEM (S) (See d at applicable to chemical additions rated 5 (3) (1), (5) (a) (xi). (6) (a), (5) (b), (7) (b), (7) (e) 1 5 (g) (a), (9) (b), or (9) (c) 5 points each: List: 5 15 5 10 5 5 5 10 (ii) by high rate infiltration on non -agriculturally rnanaged sites (includes rotary distributors C and similar fixed nozzle systems) ... - . • . • • • (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- tion lines only) ......................... . .. Phosphorus Remoral by Biological Processes (See def. No. 26) ......................... • . Polishing Ponds - without aeration ..... with aeration ...... Post Aeration • cascade ........... . . diffused or mechanical . (m) Reverse Osmosis . ................. , .... - , .. _ . (n) Sand or Mixed -Media Filters - low rate ..... high rate ......... 5 (o) Treatment processes for removal o1 metal or cyanide.. ...........................,.... (p) Treatment processes for removal of toxic materials other than metal or cyanide . . . . 4 5 20 2 5 0 5 5 2 15 SLUDGE TREATMENT (a) Sludge Digestion Tank - Heated ...............10 Aerobic , ....... - .... - Unheated ...... ....... 3 5 (b) Sludge Stabilization (chemical or thermal) .. .. , - . 2 (c) Sludge Drying Beds - Gravity ......... . ....... . Vacuum Assisted .... , . • 5 (d) Sludge Elutriation ............ ................. 5 (e) Sludge Conditioner (chemical or thermal) ........ 5 (f ) Sludge Thickener (gravity) ......................5 (g) Dissolved Air Flotation Unit g (not applicable to a unit rates as (3) (i) .. - • ' ' • 2 (h) Sludge Gas Utilization (including gas storage) ... . 5 (i) Sludge Holding Tank - Aerated .............. . . Non-aeraled ............2 O) Sludge Incinerator (not including activated carbon regeneration) , .. • • 1 0 (tr) Vacuum Filter, Centrifuge or Filter Press or other 14 similar dewalering devices ....................1 - • • - - • • . (6) SLUDGE DISPOSAL (including incinerated ash) (a) Lagoons ...... ...................,,..... (la) Land Application (surface and subsurface) pee definition 22a) -where the facility holds the land app. permit - . `10 '-by contracting to a land application operator who 2 holds the land application permit .. . . . - • • - • - • • -land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated ........ 10 (c) Landlitled (burial) .............................5 DISINFECTION (a) Chlorination ... . (b) Dechlorination . . (c) Ozone ..... _ ... . (d) Radiation .. (11) MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Settting Ponds for Organic or Toxic Materiats including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater ,......... 4 (b) Effluent. Flow Equalization (not applicable to storage basins which are inherent in land application systems). 2 (c) Stage Discharge (not applicable to storage basins inherent in land application systems.. (d) Pumps,.,.... .... (e) SfandiBy Power Supply......... 3 (f) Thermal Pollution Control Device. ............•,_--...,.,. TOTAL POINTS CLASSIFICATION Class I,. .......__.,........, .._.,....,. 5 - 25 Points Classll...................._.,.._..4....,....._.,..w,.,.,... 26- 50 Points Class111........................,,,..............,........,.. 51- 65 Points ClassIV ......... ............................................. 66- Up Points Facilities having a rating of one through tour points, inclusive, do not require a certified operator. Classification of all other facilities requires a comparable grade operator in responsible charge. Facilities having an activated sludge process will be assigned a minimum classification of Class II. Facilities having treatment processes for the removal of metal or cyanide wilt be assigned a minimum classification of Ctass It, Facilities having treatment processes of phosphorus will be assigned a min Ut, or the 'biological remrDvaf num classification of Class In -plant processes and related control equipment which are an irstegral part of industrial production shall not be considered waste treatment. Likewise, discharges of wastewater from residences having a design flow of 1,000 gpd or less, shall not be subject to rating. ADDITIONAL, COfv1?viENTS; 5f cc OYu 1334 ©00 0 9 OEd EpSf` ,OE 5x y4 IHdV 00d©JJ k 3lt VNE'iai V Hld© 3 1ONV i©VflO iA089 VN HO 44wha lierVOZI '4J S3adN sV 'W2 nq AROLINA DEPT. OF NATURAL RESOURCES AND COMM TY DEVELOPMENT RONMENTAL MANAGEMENT CO+IISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G FOR AGE �Va r� to be filed 4.mra1y by services, wholesale and WY '1 ip USE ,� Jnd other toAercia1 establishmentsintludin9 vessels 17 2. SIC tten+pttoc this form without reading the accoeepanyin9 Instructions Please print or type address. and teleahone number of facility producing discharge Ri ti?AN AMERCANTILE, CENTER & SR 1500 - A. Name B. Street C, City SALISBURY E. County RCJAN G. Telephone No. 704 11 k) r of employees business FLEA MARKET & RBSTA ANT Area Code 10-15 7-6660 D. State N. C. F. ZIP 28146 k here if discharge occurs all ysi Check the month(s) discherce occurs: 1.111 January 2. t><'Etbruar'y 6.ki June 11. November 12.1i ticsober (c) How many days per week: 1. 1 2.02-3 3,04-5 4.a 6-7 6. Types of waste water dischar9ad to surface waters only 011ch1rQe per operating day Cooling water, daily average Othergrdischarg da11y 'average; Specify binad types) or (Flea Market open Saturday & Sunday;:`A Restaurant open 7 days a week) 3.01March 4.51April S.Ctgay 7.5Ju1y 8.1t1August 9,11iSaptr+eber 10.111Ottober heck as applicable) ating day 10,000- 49,999 (4) (10) Solids are retained in tanks. 7. If and treated, as appiic Waste water is discharged to: ru A. Munit ipal er•r Systdr charge pelints: A. et1 ©, ca2-3 C,o 4-5 O. Does your discharge contain or is One or Pere of the following subst activities, or processej: ammonia, chrc 1um, Comer, lead, mercury, a+ grease, and chlorine (residual). a.tl A.Cres tno k be 1 ear it.©6 or more An unnamed tributary to Town C k in the 7rJa� . or �' 1ra {5} I certify that I am fa that to the best of lilyaccurate, W. WALTON Yadkin River basin. it possible for your discharge to contain MICASas a resul t of your operations cyewlde, a r.Painum, bery�llivs, tad■ii , Ickel, LeleniurP, tine, phenols, ell and th the inlor*iti and belief sue contain in the application awnd nfor rtion It true, complete, and Printed Name of Person lgnin PAR i'N R of )rth Carolina General Statute 143-215.6(b '2 provides that: An person Who knowingly maic.as iy false statement representation, or carts . ation la any applicationo`record, report, plan other -document files or required to be m.aintaiasd under Article 21 or regulations of the wvironraental Management Commaissi,on implemenif fng that Article. or who falsifies tampers kntss�rly• renderas iinaccuratesn a " th , � any - recording or monitoring ¢pvice or method required to be erated or maintained under Ap4iale 2.1:or regulatices of the Environmental Management Commas: 'plemerati°ng that Article, asha/I'%114Uthrof 1 misdemeanor punishable by aline not to exceed 0,001, i or' by •imprisanmp,ctt;' not to exceed six manthd, or by both. (18 U.S.C. Section 1301 pro', punishment by a fine of".not more than $14,a]O(' or 't,mprilionnrmnt not more than 5 years, or both. r a'sinilar offense.) State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Vivian Burke, Regional Manager Mr. Thomas W. Walton Mercantile Center Post Office Box 664 Morganton, North Carolina Dear Mr. Walton: DIVISION OF ENVIRONMENTAL MANAGEMENT July 7, 1993 28655 Subject: NPDES Permit No. NC0061034 Mercantile Center Rowan County, NC Our records indicate that NPDES Permit No. NC0061034 was issued on June 30, 1993 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 7D4-�631�99 FAX 704-663-6040 An Equal Opportunity Affwmcrtive Action Employer SO% recycled/ 10% post -consumer paper Mr. Thomas W. Walton Page Two July 7, 1993 facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $1O,000 per violation plus criminal penalties may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:sl Permit No. NC0061034 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT Qi(SCHARGE ELIMINATION SY5ThM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Rowan Associates is hereby authorized to discharge wastewater from a facility located at Mercantile Center Webb Road (NCSR 1500) and I-85 southwest of Salisbury Rowan County to receiving waters designated as an unnamed tributary to Town Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Pans I, II, and 1II' hereof. This pez it shall become effective This permit and the authorization to discharge shall expire at midnight on July 31, 1998 Signed this day A. Preston. Howard, Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission Perm it No, NCfi 034 S PI ANT TO PE Rowan Assix Is hereby autho ° t Continue to operate an existing u tes R S gsand filter syste consisting of two (2) alloy septic s in series, a 5 -gallon pump a 4125-squaref. •t surfaces d filter, a gallon chlorine contact ch ber with tablet chia ur, and a post -aeration unit located at erg the Center, Webb Road (NC(NCSR 1 and I-S , southwest of Salisbury, Rowan County (See Part of this Permit), and 2 Discharge from said treatment rr at the unnamed tribu . ter Town k which is clay River Basin. ied on the a hed map into an s C waters in the Ya -P 1 A. ( ). Eld-LUENT LIMITATIONS A • MONITORING REQUIREMENTS SUMMER (April I - October 31) Pennit No. Ne0061034 During the period beginning on the effective date of the permit and lasting until expiration, the Pennittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Etischarge Limitation Monthly Avg Flow 0,0062 BOD, 5 day, 20°C 30.0 ingil Total Suspended Residue 30,0 rrigil NH3 as N 6,7 mg/I Fecal Coliform (geometric mean) 2000./100 rni Temperature Oil and Grease CD 30,0 mg/I Weekly Avg. Daily Max Monitoring Measurement Frequency Weekly 45,0 mgil 2/Month 450 mg/l 2/Month 2/Month 400.0 /100 ml 2/Month Weekly 60.0 mg/I 2/Month Requirements ample 'tSayrtple Typo Location Instantaneous or E Grab Grab Grab Grab Grab Grab E * Sample locations: E Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT 1.1M1 AT'I©NS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0061034 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001.. Such discharges shall be Limited and monitored by the permittee as specified below: Effluent Char Flow BOD, 5 day, 20°C Total Suspended Residue NI-f3 as N Fecal Coliforrn (geometric mean) Temperature Coil and Grease Discharge LImitatlon: Monthly,, Avg 0.0062 NCO 30.0 mg/I 30.0 rng/I 30.0 mg/I 200.0 /100 ml 30.0 mg/I * Sample locations: E - Effluent, I - Influent Weekly Avg. Del Meg 45.0 mg/I 45.0 m,g/I 400.0 /100 ml 60.0 mg/I Mon Ing Meesuremest ECequePuy Weekly 2/Month 2/Month 2/Month 2/Month Weekly 2/Month Requlrementt $ample Tvee Instantaneous Grab Grab Grab Grab Grab Grab I or E E E E E E E The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Date: October 31, 1989 NPDES STAFF' REPORT AND RECOMMENDATIONS County: Rowan NPDES Permit No. NC 0061034 PART I GENERAL INF©RMATION 1. Facility and Address: Rowan Associates -Mercantile Center I--85 and S. R. 1500 Route 11, Box 458-B Salisbury, North Carolina 28144 2. Date of Investigation: October 30, 1989 3. Report Prepared By: G. T. Chen 4. Person Contacted and Telephone Number: Mr. John Nash, Manager, Webb Road Flea Market; (704) 857-6660 5. Directions to Site: Rowan Associates/Mercantile Center's wastewater treatment system is located in the southeast. quadrant of the intersection of I-85 and S. R. 1500 (Webb Road), approximately 4.0 miles southwest of Salisbury in Rowan. County. 6. Discharge Point - Latitude: 35°35' 45" Longitude: 80 2' 03" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 16 SE 7. Size (land available for expansion and upgrading): land area available for future expansion/upgrading, necessary. 8. Topography (relationship to flood plain included): Sloping southwest toward receiving water at 3-10%. The treatment system is not in a flood plain. 9. Location of Nearest Dwelling: No dwellings within 500 feet of the treatment system. 10. Receiving Stream or Affected Surface Waters: Unnamed. tributary to Town Creek a. Classification: C b. River Basin and Subbasin Na.: 03-07-04 c. Describe receiving stream features and pertinent downstream uses: Fish and wildlife propagation, secondary recreation, agriculture, etc. Downstream users are not known. 111111111117: Two PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100% Domestic 0% Industrial a. Volume of wastewater: 0.0062 MGD b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): The existing facility at Mercantile Center is a recirculatingsand filter system which consists of two (2) 2,500 gallon septic. tanks in series, a 7,500 gallon pump tank, a surface sand filter of 4,125 square feet, and a 900 gallon chlorine. contact chamber with a tablet chlorinator and. post aeration unit. The facility also receives and treats wasteflow generated from Stuckey's Restaurant/Fuel Station, which has twoseptic tanks, and F r:rease trRr with pit. Sludge Handling and Disposal Scheme: Excess sludge is removed periodically and disposed of properly in accordance with DEM regulation. 6. Treatment Plant Classification: Class I 7. SIC Code(s): 4952 Wastewater Code(s): 02, 10 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A 3. Additional effluent limits requests: N/A 4. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS The treatment facility at Mercantile Center treats wastewaters generated from Webb Road Flea Market and Stuckey's Restaurant/Fuel Station. Review of past monthly self -monitoring reports, from September, 1988 through August, 1989 indicates that this facility is in compliance with NPDES Permit effluent limitations. The facility appeared to be well maintained and properly operated on the day the inspection was performed. It is recommended that the NPL)ES discharge permit be renewed as requested by the applicant. Signature 'f Report Preparer S91 000 099 Joao±) SDl lS B.Lr w 9"1. VNf O] VO HJ 3ON ?QVfO FAO O VNIIH3 CKEX78/MY COMPLIME EVALWMTM ANALYM REPORT PKRMIT--W006i034 PIPE--OOi REPOPT PERM 8809 -9088 FACILI11--ROW8N RSSOC.(MERCANTILE CNTR.> DESIGN FLOW~- Wom2 CLAS%--t LOCA�IO�--%ALI��URY REGION/COUNTY--03 R8WAN MONTH 88/O9 08112 89/O2 89/O3 ^O038 ^0O24 8.75 W/01 .0O37 AVERAGE MAXIMUM MINIMUM UNIT ^0O3O .�033 .0231 .0038 ^0024 MuD 8.47 i1.50 4.00 MG/L RES/TE% NH3+NH4- FEC COLT C KOR! NE 3.5 1.00 10.0 .300 8.O 2.30 245.O 47.0 5.2 340 18^0 .3OO 5.5 i5.70 112.5 .3tO 7.0 5.2 i5O.0 11.08 iO5.0 232;.O B^0 245.0 i^o0 LwsT= MC/L MGM 4/{0omL .260 .230 ^33C, ^06O Da t 41;a;dele4q:4•51 //iNiNte:eneetzten. (a4N1 • •••• "At>..P reat"..i.hie " • • • .Ceri.p.l.etenesef jj 1 j y• • -• • Date :of :.In.Nrestdaat.ien•r:://)a:••••eFle:1"...e../. racer -nation Reauested No Date Per son Telepherle Info. Date Rst ntacted Rgst Recad Other: State o North Carolina Department ofEmironmenti, Health, and Natural Resources Divisicm of Envirorutiental Management 512 North Salisbury Street • kaleigh, North Carolina 27611 10/25/89 ,James G. Martin, Governor R, Paul Wilms \YAN13`V4a%,!k; .SKrflaarr Director Subject: NPDES Permit Application NPDES Permit NO.NC0061034 Mercantile Center Rowan Associates Route 11, Box 458-B Salisbury, NC 28144 Dear Mr. Walton : Rowan County This is to acknowledge receipt of the following documents on October Application Form Engineering Proposal (for proposed control facilities), 'Y Request for permit renewal, N Application Processing. Fee of $10 . Other , 25, 1989: The items checked below are needed before review can begin:''', Application Form Engineering proposal (see attachment) Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet ,see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to (919/733-5083) of our Permits Unit for review. Ybu wiflThe advised of any comments recommendations, questions or other information necessary for the review. of the application. I am, by copy of thisjetter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed. above. Sincerely, CC : MoaTesville Regional M. Dale Overcash, P.E. P.O., Box 27687, RAtigh, Ncutl Carohna 27611-7687 (yo 73 701 Art Equal Opportunity Amrmm Acvion Empicr..'er Pirr NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY ENVIRONMENTAL MANAGEMENT (CO9MISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D FOR AGENCY USE 10 be and of d iy by services, wholesale and retail trade, commercial establishments includtng vessels Do not attempt to coamlete this form without r+eadtng the accompanying 4nstrs►c Please print or type 2. SIC A. 6. Stree C. City one number of Iaci1 ty producing discharge ROWAN ASSOCIATES - MERCANTILE CENTER DEVELOPMENT [iToi'I' Yin YEAR h1D DAY e„h•,��' ,3*/410 • !- $ f dress I-85 & SR 1500 - Rt. 1.1 u, Box 458-B Salisbu E , County Rowan G. Telephone No (leave blank ) 3. Number of employees -1 5 - 4, Nature of business . Flea Market & Restaurant 704 857-6660 Area Code x 5, (a) Check here if discharge occurs all year*. or Flea Market open on Sat. & Sunday (b) Check the 'nenVI( s) disch+sr9e occurs: Restaurant open 7 days a week 1,1:iJanuary 2.01February 3.IRMarch 4.MApril 5,OMay 6.29 June 7. 3July 1S,39 August 9.t Septeelsrr 10.V October 11, dl November 12.1D Decomb,r (C) hlow many days per week; 1,01 2.02-3 3.04-5 4.06-7 6. Types of waste water discharged to surface waters only (check as applicable) Discharge per operating day y 8. Cooling water, etc„ daily average C. Other dischar9e(s), daily average; Specify r�jrnum per o er4t� 1ng day for curd discharge (a11 types) 1-999 (1) Flow, gallons per operating ray (2) 99 (3) 10 ,000- 49,i199 (4) Volume treated before dfaChar9ing (percent) 0.1- 29.9 (7) (6) x x 65. 95- 94,9 i0C (9) (1C) Solids are retained in tanks. any of the types of waste identified i ad, are discharged to places other " 11ub1e. . either treated or mo- tors, check W1M is dlschar9ed to: 0.1-999 (l) s ys tonw Ir, Ihnic,y,lwnt C. 5ciit ic tank it (4 U. Evaporation lagoon or pond E. Other, specify: 8. Number of separate discharge points: A. ill 6, 02-3 C.tt a-5 0.0 6 or Bare An unnamed tributary to Town Creek River basin, ,10, Does your discharge contain or is it possible for your discharge to contain one or worn of the following substances jiggles a result of your operations, activities, or processes: ammonia, Cyaa►1 S aluminum, beryllium, ad mm, chromium. Copper, teed, mercury, Rickel, selenium, tint, p100o1s, e and grease, and chlorine (residual), A,ayes Ltd I certify that i a■ familiar with the informetioe contained io the application and that to the best of my knowledge and belief such ioformetion is trim, complete, end accurate. Tom W. Walton Printed Name of on Signing Partner Title October 1, 1989 Data Application Stirred mirth Carolina Cetteral Statute 1 any false states ncttt r prexs*ratatipa, or carts. cation is any app or other document filets or required to be 11ot;si ed under ,Anti Environmental Management Cot iast,Ott implementing that Article or kttcnrly renders inaccurate any recording or nonitorisli Oil in the Yadkin 4,- 215.E tb 3 (2vides that: Any pare vt o knowingly mak catione'record, report, plc' 1a 21 or relations of t who falsifies, tampers utt' method required to be r,perated or maintained under A tilts 21.'oe regulate ate "of the raninetotal Management Con. :! ",.1L sting that Article, shall `be"° t, of a atisdemeanor punishable by aline not to excc. or by ierprisonsant not to excse silt months, or by both. (18 U.S.C. Section 10"1 pr punishmerht` by a fine of -not more than. D,MO or isrpriet not nor* than. 5 years, or ba° :...r a sir^i1ar offense.) NPDES WASTE LO ()CATION PERMIT NO.: NC0061034 PERMITIFE NAME: Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 011 Design Capacity: 0.0062 MGD Domestic (i% of Flow): Industrial (%© of Flow): Comments: Flea Market and Restaurant No Classification change within 3 mi.: Facility class I, STREAM INDEX: 12-115-3 RECEIVING STREAM: Town Creek Class: C Sub -Basin: 03-07-04 uT Reference USGS Quad: E 16SE, China Grove County: Rowan Regional Office: Mooresville Regional Office Requested by Prepared by: Reviewed by: Summer Winter (please attach) Date: 10/25/89 Date: Date: Modeler Date Rec. Drainage Area (mil ) , 3 `{ 7Q10 (cfs) 5 . -1-Winter 7Q10 Toxicity Limits: IWC %p Instream Monitoring:,, Com Avg. Streamflow (cfs):_ s) l i 30Q2 (cfs) . A.3 Acute/Chronic Parameters Upstream Location Downstream Location Effluent Characteristics BOD5 (mg/1) NH-N (mg/1) D.O. (mg ) TSS (mg/1) F. Col. (/1 pH (SU) e Request No.: 5456 WASTELOAD ALLOCATION APPROVAL FORM -�JE' Facility Name: Mercantile Center/Rowan.7� --i NPDES No. • NC0061034 ASSOC."01tevlR Me�nk�MAn 1Ef1E�Li Type of Waste: Domestic Status: EXistin rAe� 1990 e Receiving Stream: UT to Town Creek Classification: C Subbasin: 30704 County: Rowan Regional Office: Mooresville 'r. Date of Request: Jule Shanklin quest: 10/25/89 Quad: E16SE Drainage area: Summer 7Q10: Winter 7Q10: Average flow: 30Q2: __-_--_- RECOMMENDED EFFLUENT LIMITS - EXISTING-----�° PROPOSED Wasteflow (mgd) : 0.0062 BOD5 (mg/1) : 30 NH3N (mg/1) : DO (mg/1) : Fecal coliformTSS (mg/1): 30 (#/100m1) : 1000 pH (su): 6-9 Oil and Grease (mg/1) : Toxicity Testing Req.: none Upstream (Y/N) : N Downstream (Y/N) : N MONITORING - Location: Location: Location of dischargethan-- COUNTS ------------ Recommend discharge changed since original model. New data shows iimits.mPossible ossib ionhlorine toxicity; amodel run, chlorine actionnlevelS of 0.0062 30 MpJ11ESVRLE 'soak WI" 1.340 sq mi 0.07 cfs 0.17 cfs 1.30 cfs 0.23 cfs ►30 200 6-9 30 {Daily Max: 60) Recommended by: Reviewed by Instream Assessment Sup Regional Supervisor: Permits & Engineering: RETURN TO TECHNICAL SERVICES BY: Date: Date: Date: Date: DIVISION OF PROJECT txab acko i,edge receipt of the follow g do ua r permit application .' ec gineeti.ng plan specifications other oryir: taiett hss.,e approving the fuiva rid6c bet en assigned project docui ibi s. TbiS review f these treatment fc of the petrit, yo on. You will also be. be rev Our reviews are scheduled based on receipt date of items checked below are needed hefor your pro eet can be rmit application (copies enclosed) engineering plan (signed and sealed by N.C.P.. speeifit.atior (signed and sealed by N.:.P.f*.) other additional information detailed on attachment; . IENTM . ANAG E a detailed h respect to the Division to se of f'lot`a,te in. advised of the recommendations bed of any matter whichneeds The above checked info' your application package.: Division's bile Regional Sup. action by isiot . tits be_t needed b. d as into e egional Office mu nc r goal ation. Mete in eviewed . ns. The not receive . e be ,mare that the, oxide RECOMMENDATIONS fro: f project, Pr iox t final If you lave any questions, pleasecall the evie enginee 919/ 733.5083. Amor, yet at this ne n niter AC0061034 Thomas W. Walton 40.4 January 10, 1985 .e* Initial review of this project indicated the following items that must be resolved before an authorization to construct can be issued: 1. What type of system currently serves Stuckeys? 2. Please provide the sizes of the existing septic tanks and grease trays as they are part of this combined wastewater treatment system. 3. Normally, a letter of request for an Authorization to Construct signed by the owner should be used for a discharging wastewater treatment system. 4. The sand filter should have one collector for each two distributors (centered between the distributors). 5. We allow the use of 5.0 GPD/ft.2 for recirculating surface sand filters. 6. Does Rowan Associates own'the Stuckey is facility? If not, they must be included as co-owner for the system and assume joint responsibility for its operation and maintenance; or Rowan Associates must agree to accept full responsibility for both systems. . The NPDES Permit must be issued before an Authorization to Construct can be issued. lease:>: In accorcance with the provisions of Article 21 of Chapter 1.4, General. Statutes of North Carolina as amended, application is hereby made by Thomas W. Walton, (Name of board, individual or otoe of the Q Associates f city, village, of Rowan (Location of Project Commission, Department of Natural Resources and Community Development for the approval of the accompanying plans, specifications, and other data submitted herewith covering the construction of Proposed Sewage Coo lec ion. System ,from new Mel stile Center and for a "Permit" for the discharge of Py �s rented JDornestic Sewage swage, industrial waste or other wastes) from the Proposed Mercantj.le Center Pretr•eatrrie t TarU s (sewers, pretreatment facilities, or treatment plant) New Mercantile Centerinto R _ servingand (Namw of�municipality,irystitution or industry, tc )(Name of treatme went plant cf Rowan Associates or ground waters, tributary to nitary district or establishmen in the county , to the North. Carolina Environmental Management (Name of water course) Lila l Tributary to Town ,Creek near the Southeastern Intersection (Location of treatment plant} The plans for the proposed works have been prepared by David A. Robex'ts, P.E. (Engineering Firm) of LandiLi, North Carolina (Address) Tt is estimated that treatment works will provide adequate capacity to serve the prop o s ed Mercantile Center and Stuckey' s Store for a period of 20 years, at which time it is estimated the average daily sewage or waste flow will not exceed 6,200 gallons. It is further expected that the treatment works will affect at overall reductions in pollution as follows: B.O.D.(5-day 20°C) %, suspended solids %, total solids %, coliform bacteria %, and toxic materials*. The cost of the proposed works is estimated to be: sewers treatment plant $ 33, 3©Q other $ 3 ec.ernhpr `j , 19 35 'The applivanr hereby agrees ffirr :6 e pmposc work milk fv $19, 20 , pumping station $ The works will be completed on or befo )wart s soc.iates Post Cii�� : e Box 4. Banton, N.C. S6L 5