NC0021229_Permit (Issuance)_19920715

i
NPDES DOCUMENT SCANNINS COVER SHEET
NPDES Permit: NC0021229
Old Fort WW�P
Document Ty e: ermit Issuanc
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Engineering Alternatives Analysis
201 Facilities Plan
Instream Assessment (67B)
Correspondence re: draft permit
Permit History Date Range:
Document Date: 4uly 15 199
T2ais document is printed on reuse paper-ignore any
content on the reverse isfde

Y�t
State of North Carolina
Department of Environment,Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh,North Carolina 27611
James G. Martin,Governor A.Preston Howard,Jr.,P.E.
William W.Cobey,Jr.,Secretary Acting Director
July 15, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Honorable Wayne S.Stafford, Mayor
Town of Old Fort
Post Office Box 520
Old Fort,North Carolina 28726
Subject: NPDES Permit No.NCO021229
Old Fort WWTP
McDowell County
Dear Mayor Stafford:
In accordance with your Petition for Contested Case Hearing filed on February 21, 1992 and subsequent notice of
withdrawal, we are forwarding herewith the final permit containing a modification to the subject permit. This
modification consists of removing the 85% removal efficiency requirement for TSS previously indicated on the
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS page.
All other terms and conditions remain unchanged and in full effect. This modification 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.
It is our understanding that this modification will resolve all items contained in the Petition for Contested Case
Hearing. If this is not the case, the town should notify us immediately, but no later than ten (10) days following
receipt of this letter. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II,EA. 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.
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Hon.Stafford, Page 2
If you have any questions concerning this permit,please contact Mr.Donald Safrit at telephone number 919/733-5083.
Sincerely,
original Signed By
A Preston Howard, Jr. .
A.Preston Howard,Jr.,P.E.
cc: Mr.Jim Patrick
Asheville Regional Office
Permits and Engineering Unit
Ms.Sueanna Sumpter

Permit No. NC0021229
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND 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 Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Town of Old Fort
is hereby authorized to discharge wastewater from a facility located at
Old Fort W WTP
US Highway 70
east of Old Fort
McDowell County
to receiving waters designated as Curtis Creek in the Catawba River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, H, and III hereof.
This permit shall become effective July 15, 1992
This permit and the authorization to discharge shall expire at midnight on April 30, 1995
Signed this day July 15, 1992
Original Signed By
A. Preston Howard, Jr.
A. Preston Howard, Jr., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NCO021229
SUPPLEMENT TO PERMIT COVER SHEET
Town of Old Fort
is hereby authorized to:
1. Continue to operate an existing wastewater treatment facility consisting of an oxidation ditch
with UV disinfection located at Old Fort W WTP, Catawba Avenue, Old Fort, McDowell
County (See Part III of this Permit), and
2 Discharge from said treatment works at the location specified on the attached map into Curtis
Creek which is classified Class C-Trout waters in the Catawba River Basin.

A. O. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO021229
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 Characterlstic. Discharge Llmltatlont Monitoring Requirements
Measurement Sample *Samale
Monthly Avg Weekly Avg. Dally Max Freauencv Tvoe Location
Flow 0.8 MCD Continuous Recording I or E
BOD, 5 Day, 20 °C** 30.0 mg/I 45.0 mg/I 2/Month Composite E, I
Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Composite E.1
NH3 as N Monthly Composite E
Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E
Total Residual Chlorine 77.0 µg/I 115.5 µg/I Daily Grab E
Temperature Weekly Grab E
Total Nitrogen (NO2 + NO3 + TKN) Quarterly Composite E
Total Phosphorous Quarterly Composite E
Lead 114.0 µg/I 2/Month Composite E
Cyanide 23.0 µg/I 2/Month Grab E
* Sample locations: E- Effluent, I-Influent
** The monthly average effluent BOD5 concentration shall not exceed 15 % of the respective influent value (85 % removal).
*** Chronic Toxicity (Ceriodaphnia)P/F at 22%, September, December, March, and June; See Part III, Condition I.
**** Limit becomes effective August 1, 1994. See Part 11I, Condition G regarding implementation of Cadmium limitation.
The pH shall not be less that 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.
CONTINUED . . . .

A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO021229
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. (Continued)
Effluent Characterlstic. Discharge Llmltatlonr Monitorina Reaulrements
Units (s eg elfv Measurement Semple 'Samule
Monthly Avg Weekly Ava. Daily Max Freauencv Tvoe Locatlon
Chromium Monthly Composite E
Copper Monthly Composite E
Nickel Monthly Composite E
Zinc Monthly Composite E
Chronic Toxicity "' Quarterly Composite E
Cadmium(monitor)"•• 2/Month Composite E
Cadmium(limited)"" 1.8 µg/I 2/Month Composite E

Part III Permit No. NC0021229
F. Chronic Toxicity Testing Requirement(Quarterly)
The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests,
using test procedures outlined in:
1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic
Bioassay Procedure- Revised *September 1989)or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or
significant mortality is 22% (defined as treatment two in the North Carolina procedure document).
The permit holder shall perform quarterly monitoring using this procedure to establish compliance
with the permit condition. The fast test will be performed after thirty days from issuance of this
permit during the months of September, December, March, and June. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter
code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address:
Attention:
Environmental Sciences Branch
North Carolina Division of
Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual
chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this
monthly test requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Environmental Management indicate potential impacts to the receiving stream, this
permit may be reopened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specked in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit
suitable test results will constitute noncompliance with monitoring requirements.
G. Implementation of Cadmium Limit
The following schedule has already been sent to the permit holder (Mayor Wilson) in a letter dated
January 15, 1991. Note that the first five dates have been relaxed to occur after issuance of this
permit.
(A) Turn in preliminary engineering report quantifying cadmium levels in the effluent and outline
remediation strategy on or before . . . . . . APRIL 1, 1992.

(B) Complete pilot study and submit final report on or before . . . . . . OCTOBER 1, 1992
(C) Submit either plans and specifications for treatment facility modifications or submit final
compliance schedules for affected industrial users on or before . . . . . . FEBRUARY 1, 1993.
(D) Construction begins at either Old Fort WWTP or Affected Industrial Users (subject to
conditions in original letter) on or before . . . . . . MAY 1, 1993.
(E) Construction complete and operational on or before . . . . . . MAY 1, 1994.
(F) Achieve compliance with 1.8 ug/1 daily maximum limitation on or before . . . . . . AUGUST 1,
1994.

J U L — 1 — 9 2 W E D 9 : 3 5 P . 0 1
NO DE; r,..to,.,.i br JUSPC[
WORNEY GENERAL'S OFFICE
QUN 2 91992
LAW OFP ICES
DAMERON AND BURCIN ��{BeE�gIEEE�y/ P'I:A io4o
I�.y�!pTILLERT STRCC♦
CNA44E6 C. DURGIN MARION, NORTH CAROUNA 28752
L. PCNN MAMEMON, JR.
ANTHONY LYNCH TE�CPNONC 47041 6521L441
%NAPoN 6 PARNCR
T CLCCO PICK 17041 OO Y•V P>a
C P OPMCPON, ROnACO
June 26, 1992
Honorable Sammie Chess , Jr.
Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh , North Carolina 27611-7447
RE: Wayne Stafford, Mayor (Town of Old Fort) v. N.C. Department of
Environment, Health, and Natural Resources
92-EHR-01198
Dear Judge Chess:
I represent The Town of Old Fort, the Petitioner in the above-
referenced case. I am writing to let you know that this matter has
been settled, and that the hearing scheduled in this cause for"'9:'Oti
ell a.m. , July 8, 1992, in 'Asheville, will not be °neaebiMiry. The
Respondent proposes to issue a permit to the Petitioner which will
resolve all matters at issue.
I am sending copies of this letter to Sueanna P. Sumpter, Assistant
Attorney General , and to Mr. Wayne Stafford, Mayor of Old Fort, to
confirm our settlement.
Feel free to have the Office of Administrative Hearings contact me
if there are any questions.
Yours very truly,
��y�
E. Penn Dameron, Jr.
EPDjr/dep
cc: Ms. Sueanna P. Sumpter
Mr. Wayne Stafford, Mavor
Post-it"brand fax transmittal memo 7671 Not pages P
TO Fr m �Nir•.n Su.-,,
co. co. D D .
us 1
Dept. p�. g p eneRL x�_
Fax �l, F

J U L - 1 - 5 2 W E D 9 : 3 6 P 0 2
Honorable Sammie Chess, Jr. '
June 26 , 1992
Page 2
Note to Ms. Sumpter and Mr. Stafford only:
Note that the supplement To Permit Cover Sheet should read rather
oxidation ditch with disinfection using chlorine gas. . ." ,
than " . . .an oxidation ditch with UV disinfection. . ." , as we
discussed on June 25.
Perin

Arc
LACY H.THORNBURG Statc o Nort4 Earotina
WESTERN OFFICE
ATTORNEY GENERAL
PHONE [phone]
Pepartment of Justire FAX [phone]
SUITE 203 .?'
11 NORTH MARKET STREET - �D rt
ASHEVILLE.N.C.28801
C�:
June 23, 1992r1au1 -m
f? 1 fT
n
D = rn
v y CD
E. Penn Dameron, Jr., Esq. w ro
Dameron & Burgin
m
14 W. Court Street -
P.O. Box 1049
Marion NC 28752
RE: Town of Old Fort v. DEHNR, Division of Environmental Management
OAH File No. 92 EHR 0198
Dear Mr. Dameron:
This will confirm our conversation of earlier today regarding my client's
offer to settle the above-referenced contested case. The Division of
Environmental- Management would be willing to issue to the Town of Old Fort a
modified • permit, a draft of which is attached. As ,you will note, the 85%
removal efficiency requirement for TSS previously indicated on the "Effluent
Limitations and Monitoring Requirements" page has been removed. Upon
withdrawal of your client's request for hearing, ' the draft permit would be
finalized and issued.
As we discussed, my client cannot grant relief from the 85% removal
requirement for BOD.
Please let me know if the proposed modification will serve to resolve the
contested case.
Sincerely,
LACY H. THORNBURG
Attorney General
Suennna P. Sumpter
"f Assistant .Attorney General
Enclosure'.. f
xc: :Donald Safrit
.Roy Davis : I..
An Equal Opportunity/Affirmative Action Employer

F'crmiE No. NCW21229
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL�PO l IITANT DI^�f NAFtC`F FI IM�nieTinni cvaTcu
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, ws amended,
Town of Old Fort
is hereby authorized to discharge wastewater fewer a facility located at
Old Fort WW1p
Catawba Avenue
Old Fort
McDowell County
to receiving waters designated as Curtis Creek in die Catawba River Basin
in accordance with effluent limimrions, motutoring requirements, and other conditions set forth in
Pans I, 11, and W hereof.
Taus permit shall become effective June 30, 1992
This permit and the authorization to discharge shall expire at midnight on April 30, 1995
Signed this day June 30, 1992
George T. Everett, Director
L)ivision of Ertvironmcnttd Management
By Authority of the Environmentni Management Commission

Pnnnit No. NCW21229
SUPPLEMENT TO FERMI 1'COVER SHEET
Town of Old fort
is hereby authorized to:
cons
Of an
tion
1 widntinue to th LTV disinfection located atratc an wastewater OldOld Fort WWf?,ent Catawba facility
Old Fort.McDowell
ditch
l ch
County (See Part III of this Pennit), and
2. Discharge from said treatment works at the location spec flied on the attached map into Curtis
Creek which is classified Class C=IYout waters in the Catawba River Basin.

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A. ( ). EITLUENi'LLMITATION'S AND IMON17MRING REQUiREN. EN FS FINAL Permit No. 1C0021229
During the period beginning on the effective dam of the permit and lasting until expiration,the Permimm is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permitlee as specified below:
Eltluent Cheraclerlatla Dlacherge Llmltatlonr Monitoring ReQurrementa
Measurement samole ' ample
Monthly Avo, Weekly Ara. Daily MR z Freeuene , Type Location
Pow D.8 IYM Continuous Recording I or E
t30D, 5 Day, 20 `C" 30.0 mgll 45.0 mg/l 21Month Composite E. I
Total Sugended Residue 30.0 mg/I 45.0 mg/I 2/Month Composite E.1
NH3 as N Monthly Composite E
Fe-.,al Col-form (geometric mean) 200.01100 ml 40D.0 A00 ml 2/Month Grab E
Tote; R";dual CHorine 77.0 µg/I 115.5 µgel Daily Grab E
Tempraturs Weekly Grab E
Totes N 7oger (NO2 + NO3 + TKN) Quarterly Composite E
Total Phosphorous Quarterly Composite E
Lead 114.0 µg/I 2/Month Cornposlle E
Cyanide 23.0 µg/i VMor.th Grab E
• Sample locations: E- Effluent, I - Influent
*• The monthly a%trage eff7:ient BOD5 concentration shall not exceed 15 % of the regtztive influent value (85 % removal).
••`Chronic To:.icity (Crriodaphnia) P/F at 22%, September, December, March, and June; See Part III, Condition 1.
"•' Limit becomes eflectivc August 1, 1994. Sec Pan III, Condition G regarding implementation of Cadmium limitation.
The pH shall not be less that 6.0 standard units nor greater than 9.0 standard unit° and shall be monitored 2/month at the effluent by grab
sample.
There shall be no discharge of floating solids or rrisible foam in other than trace amounts.
CON WL'ED :. . .

A. ( ). EFFLUENT LIMITATIONS AND NIONTMRL\G REQLAREMENTS FINAL Permit No. NCO021229
During the period beginning on the effective date of the permit and lasting until expiration,the Ptrmitm is autlwrized to discharge from
outfall(s)serial number 001. (Continued)
EftIuent Cherecterlatle. DlacheTas UmlistlonI Moaltorina Aegulremen A
Units leoecllr Measurement Sgmole -Semple
Monthly Ave Waskly Ava. Daily Ma: Freouency Type Lpcetton
Monthly Composite E
Chromium
Monthly Composite E
Copper
Monthly 1Composite E
Nldce
Monthly Composite E
Znc
C�:ronlc Toxicity "' Ovarteriy Composite E
Cadmlun{monitor)""
2!Wonth Composite E
Cadmium: limited)"" ' .B pgll 21M.onth Composite E

Part Ill Penuit No. NCW21229
F. Chronic Tonicity Testing Requirement Quarterly)
The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests,
using test procedures outlined in:
1.) The North Catalina Ceriodaphnia chronic effluent bioassay ptoeedure (North Carolina Chronic
Bioassay Procedure - Revised "September 1989) or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or
significant mortality is 22% (defined as treatment two in the North Carolina procedure document).
Tice permit bolder shall perform quarterly monitoring using this procedure to usunblish compliance
with the permit condition. The first test will be performed after thirty days from issuance of this
permit during the months of September,December, March, and June. Efiluent sampling for this
testing shall be performed at the NP.DES permitted final effluent discharge below ;ill treatment
processes.
All toxicity testing results required as pail of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter
code TCP3E. Additionally, UEM Form AT-1 (original) is to be sent to the following address:
Attention:
Environmental Sciences Brunch
North Carolina Division of
Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual
chlorite of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this
monthly test requirement will revert w quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the Noah Carolina
Division of Environmental Management indicate potential impacts to the receiving stream, this
permit may be reopened and modified to include alternate monitoring requirements or limits.
NOTE- Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate retesting (within 3U days of initial monitoring event). Failure to submit
suitable test results will constitute noncompliance with monitoring requirements.
G. Implementation of Cadmium Limit
The following schedule has already been sent to the permit holder (Mayor Wilson) in a letter dated
January 15, 1991. Note that the first five dates have been relaxed to occur after issuance or this
permit.
(A) Turn in preliminary engineering report qu.uiufyinr cadmium levels in the effluent and outline
remediarion strategy on or before . . . . . . APRIL 1, 1992.

kJD) wmptete pout study and submit fine] rcpurt on or befurc . . . . . . (K'fULi LIt 1, 199?
(C) Submit either plans and specifications for treatment facility modifications or submit final
compliance schedules for affected industrial users on or before . . . . . . FEBRUARY 1, 19mit
con Construction begins at either Old Fort . MA or Affected Industrial Users (subject to
conditions in original letter) on or before . . . . . . MAY 1, 1993.
(E) Construction complete and operuional op or before . . . . . . MAY 1, 1994.
19 Achieve compliance with 1994. 1.8 ug/l daily maximum limitation on or before . . . . . . AUGUST 1,

R'eM�rs�
P
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street• Raleigh, North Carolina 27611
James G.Martin,Governor George T.Everett,Ph.D
William W.Cobey,Jr., Secretary Director
June 12, 1992
EA%
MEMORANDUM
To: Ms. Sueanna Sumpter
Office of the Attorney General
Western Office - Asheville
From: Mr. Donald Safrit, P.E., upervisor
Permits and Engineeri Unit
Water Quality Section
Subject: Town of Old Fort
NPDES Permit No. NC0021229
McDowell County
The Water Quality Section's consensus opinion is that we can agree to change the items adjudicated by
the Town of Old Fort. Attached is the draft response and a copy of the relevant pages of a permit
modification we are willing to process with your concurrence.
If you have any questions, please contact me at 919/733-5083.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351
Pollution Prevention Pays
P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

- I
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., SedDdUISION OF ENVIRONMENTAL MANAGEMENT Regional Manager
WATER QUALITY SECTION
March 10, 1992
MEMORANDUM
TO: Don Safrit, Supervisor
Permits and Engineering Unit o 73
N
THROUGH: Forrest R. Westa1
Water Quality Regi ervisor _ N A m
rn Pc
FROM: James R. Re d 3 , = rm<
Environment 1 emist �?
SUBJECT: Town of Old ort
NPDES NCO021229 Adjudication Request
McDowell County .
This memo is provided in response to your request for comments concerning
the subject issue . My opinions concerning Old Fort' s requests for permit
changes are that DEM;
TSS - Should grant relief from the 85% removal requirement for TSS,
BOD - Should not grant relief from the 85% removal requirement for
BOD, and
Monitoring - Should not grant relief from influent monitoring
requirements (assuming that the TSS removal requirement is relaxed) .
The recommendations are based upon 40 CFR 133 . 103 (d) , "Less concentrated
influent wastewater for separate sewers" . The cited section allows
modification of the % removal requirement. Comments concerning Old
Fort' s ability to comply with the provisions of 40 CFR 133 , 103 (d) are
listed below and have been correlated by topic to the above stated
recommendations .
Interchange Building, 59 Woodim Place, Asheville, N.C. 28801 •Telephone [phone]
An Equal Opportunity Affirmative Action Employer

*_. Don' Safrit
Memorandum
March 10, 1992
Page Two
TSS - Showing ( 1) requires that: "The treatment works is consistently
meeting or will consistently meet its permit effluent concentration
limits. . . " (empahsis added) . The Town completed a draft tube oxidation
ditch with ultraviolet disinfection around June, 1987 . The Town' s
oxidation ditch has been unable to consistently meet a 30 mg TSS
limitation; the Town has however complied with its TSS limitation during
certain months . All draft tube oxidation ditches known to the
Construction Grants Section have been unable to produce acceptable
effluents. Inadequate aeration and solids handling capacity are believed
to have been responsible for Old Fort' s failure to achieve consistent TSS
compliance . The Town is completing upgrades required under a JOC which
has been in effect since 1988; it mandates final compliance on or before
May 15, 1992 . The Town is projected to consistently meet permit effluent
concentrations in the present permit and therefore makes showing ( 1 ) for
TSS .
Showing (2 ) requires that meeting 85% TSS removal would necessitate
achievement of significantly more stringent limitations than would
otherwise be required by the concentration based' standards . The Town' s
average influent TSS concentration is approximately 69 mg/l . Meeting the
85% removal requirement would necessitate the Town' s discharging an
effluent with a TSS concentration of 10 mg/l , clearly significantly more
stringent that the 30 mg/l concentration limitation which would otherwise
apply.
Showing (3 ) mandates that the influent with lower TSS concentration not
result from excessive I/I ; Old Fort' s less concentrated influent does not
result from excessive I/I . However, 40 CFR 133 . 103 (d) , "Less
concentrated influent wastewater for separate sewers" , includes the
additional criterion, "inflow is non-excessive if the total flow to the
POTW (i . e. , wastewater plus inflow plus infiltration) is less than 275
gallons per capita per day" . Old Fort can never meet the additional
criterion, but this should not prevent relaxation of the percentage
removal requirement for TSS.
The Town' s population is 975 ( 1991 League of Municipalities Directory) ;
the Town' s industrial flow is approximately 402 , 000 gallons per day ( i . e.
412 gallons per capita per day according to Pretreatment Program
information) . Domestic flow based upon potable water billed to
households is 117 gallons per capita per day; therefore the daily flow
(weekdays when industries are operating) excluding I/I is approximately
529 gallons per capita per day. The 402, 000 gpd industrial component of
Old Fort' s flow is composed entirely of textile processing wastewater and
cooling waters which have TSS concentrations in the 30 - 60 mg/1 range .
If the 275 gallon per capita per day additional criterion is strictly
interpreted, Old Fort could not comply simply because of their having a
large industrial flow and a small population. Since I/I is not a factor,
since Old Fort would otherwise qualify for removal requirement
relaxation, since Old Fort' s probability of meeting the 85% TSS removal

`-Don' Safrit
Memorandum
March 10, 1992
Page Three
requirement is low, and since the untreated waste flow has an unusually
low TSS concentration, relaxation of the 850 TSS removal requirement is
recommended.
Relaxation of the % removal requirement is recommended since the
alternative, according to my interpretation of the CFR, could be issuance
of less stringent TSS limits. Old Fort would qualify for increased BOD
and TSS limits under 40 CFR 133 . 103 (b) , but increased concentration or
mass limits are not needed. A paradox exists when 40 CFR 133 allows DEM
to increase Old Fort' s BOD and TSS concentration limits or impose
categorically based mass limits, but apparently prevents relaxation of
the TSS removal requirement as a result of high volume industrial flow
(low in TSS) coupled with a small population. The intent of 40 CFR
133 . 103 (d) is clearly to deal with excessive I/I which is defined at 40
CFR 35 .2005(b) ( 16) (which refers to 35 . 2005(b) (28) and (29 ) 1 . At
35 . 2005(b) (28) and (29) , the numerical gallon per day figures are
qualified with "or" phrases . Relaxation of Old Fort' s TSS percentage
removal requirement should be allowed in accordance with 40 CFR
35.2005(b) ( 16) since the additional criterion is apparently to amplify
the definition of excessive I/I , and not prevent issuance of the
strictest but most situationally appropriate NPDES Permit.
BOD - Old Fort' s influent BOD data is readily available only for year
1988. During that year the Town achieved 88. 5% BOD removal . The Town
appears to be able to meet 85% BOD removal; the 85% removal requirement
for BOD should remain in the permit.
Monitoring - If the 85% removal requirement for TSS is adjusted or
replaced with a mass loading limit as allowed at 40 CFR 133 . 103 (d) , the
regional opinion is that the Town would not stringently object to the
influent monitoring requirements for BOD and TSS. Influent monitoring
for BOD and TSS should remain in the permit.
Please contact me if there are questions or a need for additional
information.

Wednesday, February 26, 1992
MEMORANDUM
gl41
r�rf
FEB 26 1992
To: ,Forrest Westall
Water Quality Regional Supervisor WATER QUALITY
Asheville Regional Office;Re ' 1 Office SI=CTION
From: Donald Safrit, P.E., Su Permits and Enginee
Subject: Old Fort, Town of - WWTP
Permit No.NCO021229
McDowell County
In accordance with Water Quality Section procedures, please review the attached petition
filed with the Office of Administrative Hearings. Please evaluate the objections raised by
the permittee and provide me with your comments within ten (10) working days of your
receipt of this package.
The items under adjudication are: c.. A10
85% removal of BOD and TSS v4
Influent sampling for BOD and TSS
�nJ
Miscellaneous comments:
If you have any questions, please contact Dale Overcash
cc Office of the Attorney General r
Donald Safrit
CSte`ve Tedd
Dale Overcash

0ri�_ Fd�D
27 IM
- -fit •;.i - -� FOUNDED IN 1870
" ?!" P.O.BOX 520
gMOLD FORT,NORTH CAROLINA 28762 DIV. MVGnWJC1Ei
February 24, 1992 y
MAR 2 1992
Mr. George T. Everett, Director WATER QUALITY
NC Dept. of Environment, Health SECTION
- and Natural Resources
Division of Environmental Management
512 North Salisbury Street '
Raleigh, North Carolina 27611
Subject: NPDES Permit No. NCO021229
Town of Old Fort WWTP
McDowell County
Dear Mr. Everett:
As instructed in your letter dated February 10, 1992, I am enclosing
a copy of a Petition for a Contested Case Hearing, with Attachment "A", and
a Certificate of Service form for the Town of Old Fort, for your files.
The original and one copy has been mailed to the Office of Administrative
Hearings, at 424 North Blount Street, Raleigh, North Carolina 27611,
Thank you for your assistance with filing this Petition for the Town of
Old Fort. If you need additional information I can be contacted at the above
address, or by phone at 704-668-4244.
Sincerely, y
Wayne S. Stafford, Mayor
Town of Old Fort
WSS/jcb 1'
h0 9 Wn 6— 04 Z5
ll�n '�is�3 � silwa�d
�; h1 6d3D-lfNH3d

idORTH CAROLINA IN THE OFFICE OF
OF(I) jCDjWW.1 ADMINISTRATIVE HEARINGS
` (2) Wayne Stafford, Mayor
Petitioner, )
(Your Name)
. PETITION I!
VERSUS ) FORA
N.C. Dept. of Environment ) CONTESTED CASEHE.ARING
(3) Health & Natural Resources )
Respondent. ) j
(The State Agency or Board about which )
you are complaining) )
I hereby ask for a contested case hearing as provided by G.S. 150-B-23 because the
N.C. Dept. of Environment Health &
(4)-Dlatural RR-0...... has(briefly stale facts showing how you believe you have
(name of agency)
been harmed by the state agency or board)
See Attachment
(if more space is needed,use additional sheets and attach)
(5) (Check all that apply):
Because of these facts,the agency has:
deprived me of property;
ordered me to pay a fine or civil penalty;or
has otherwise substantially prejudiced my rights;and based on these facts the agency
has exceeded its authority or jurisdiction;
x acted erroneously;
failed to use proper procedure;
acted arbitrarily or capriciously;or
failed to act as required by law or rule.
VERIFICATION
I,the undersigned,first being duly sworn,say that this petition is true to my own knowledge,except as to matters stated on
information and belief,and as to those,I believe them to be true.
SWORN TO AND SUBSCRIBED BEFORE ME
(11) February 21, 1992 (6) February 21 . 1992
Date - Date
Signature Your Si roe
(13) Notary Public (8) Town of Old Fort, P.O. Box 520
Title of person authorized to administer oaths
(14)My Commission Expires: 7-20-93 (9) Old Fort, N.C. 28762
Your Address
(15)(Sea!) (lo) Amacode( 704) 668-4244
Your Telephone Number
Mail the original'to the Office of Administrative Hearings,P.O.Drawer 27447.Ralcigh,N.C.27611-7447 and mail a copy
to the State agency involved
tk-(revised 08-01`90) H-06

ATTACHMENT A
The limits of the recently Issued NPDES Permit are such that the Town's WWTP will be unable to
consistently meet the limits. Due to the large percentage of Industrial textile dye waste the total suspended
solids In the Influent stream to the WWTP are abnormally low as compared td domestic wastewater. As a
result the WWTP cannot consistently meet both the 30 mg/I effluent limit and 85% removal of total
suspended solids.
Influent sampling of wastewater Into the plant Indicates total suspended solids levels of 100 mg/I or less.
In order to achieve 85% removal would constitute an effluent of 20 mg/I or less,
i
Arta
1-%
i
i
I

CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency named below by depositing a
copy of it with the United States Postal Service with sufficient postage or by delivering it to the
named agency.
Served on: (16) George T. Everett, Director
(name)
(17) NC Department of Environment, Health & Natural Resources
(agency)
(18) 512 North Salisbury Street
(address)
_Raleigh, North Carolina 27611
(19) This the 21st. day of February 19 92
WayneV'S. Staft
ord,f Kayor
(20) Town of Old Fort North Carolina
Petitioner
tk-(revised 08-01-90) 1106

'� - _',•i FOUNDED IN 1870
9''1 P.O. BOX 520
OLD FORT, NORTH CAROLlNA 28762 Office bf the Mayor
r.�
January 10, 1992
Office of Administrative Hearings
Post Office Drawer 11666 u
Raleigh, North Carolina 27604
RE: NPDES Permit No. NC0021229
Old Fort Wastewater Treatment Plant
Dear Sir:
We are in receipt of the subject discharge permit transmitted by letter
dated December 13, 1991 . Please be advised that the following permit re-
quirements are unacceptable to the Town:
1 . Eight-five percent removal of monthly average influent BODS and
Total Suspended Residue (TSR) concentrations.
2. Requirement for influent BODS and Total Residue sampling.
The Town of Old Fort hereby requests an adjudicatory hearing to officially
protest the above requirements. We specifically request a waiver of these re-
quirements as provided in 40 CFR 133. 103(d) .
Our treatment Dlant is presently operating under a Judicial Order of
Consent and has not consistently met the TSR effluent limitations for some time.
However, improvements presently underway at the plant is expected to bring us
into total compliance by May of this year. These improvements include
additional aeration equipment and implementation of a sludge management plan.
Furthermore, the plant has consistently met final BODS limits of 30 mg/1 over
the past two (2) years. This would seem to meet the criteria in support of
a waiver of the influent BODS sampling and percent removal requirement.
Your cooperation in this matter is appreciated in advance. Please advise
if further response or action on our part is necessary at this time.
Sincerely,
,The
Town
of Ol
Dyne Stafford, Mayor
cc: George T. Everett n _ ^ t i s E iol
Jim Reid
McGill Associates, P.A.
"Colonial America's Western Outpost Until 1756" 'tish_;'.ti�l,� li.9pioa3; `Yqt

r
Ste of North
Department of Environment, Health Carolina
Natural Resources
Division of Environmental Management
512 North Salisbury Street•Raleigh,North Carolina 27611
Ja1n¢s G: Martin, Governor
William W. Cobey,Jr., Secretary George T. Everett, Ph.D.
December 13, 1991 Director
Hon. Robert F. Wilson, Mayor
Town of Old Fort
PO Box 520
Old Fort, NC 28762
Subject: NPDES Permit No. NCO021229
Old Fort Wastewater Treatment Plant
McDowell County
Dear Mayor Wilson:
In accordance with your application for a discharge permit received on May 2, 1989, 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 U. S. Environmental Protection Agency dated December 6, 1983.
The Division of Environmental Management has reviewed your request to relax the 85%
removal requirement for the parameter TSS in the subject permit. The 85% removal percentage
is a requirement of 40 CFR 133.102. 40 CFR 133.103 (d) established the criteria for a waiver
of this requirement, the main criteria being that the treatment works must consistently meet, or
will consistently meet, its permit effluent concentration limits. The Town of Old Fort has not
demonstrated an ability to consistently meet the 30 mg/I effluent concentration limit. This year
the Town of Old Fort reported TSS levels of 118 mg/I in February, 61.2 mg/I in June and 135
mg/I in August. While these violations continue, the Division cannot approve a waiver.
The schedule cited in the January 12, 1991 letter for compliance with the cadmium
limit that was agreed upon between the Asheville Regional Office and the Town of Old Fort has been
approved for inclusion in the permit. Please note that the first five dates have been relaxed to
occur after issuance of the subject permit.
Pollution Prevention Pays
P.O.Box 27687.Raleigh,North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Hon. Robert F. Wilson
Page Two
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, Post Office Drawer 11666, Raleigh,
Carolinallorth
27604. Unless such demand is made, this decision shalt be final and binding. g
Ple
ase take notice that this permit is not transferable. Part II, Condition E. 4
the r addresses
requirements to be followed m case of change of 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 Jule Shanklin at
telephone number 919/733-5083.
Sincerely,
Original Signed By
Donald Safrit for
cc: Mr. Jim Patrick, EPA George T. Everett
Asheville Regional Office
Compliance
Central Files

Permit No. NC0021229
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
RMIT
` TO DISCHARGE WASTEWATER UNDER THE
NATIONAL PO t lT NT DaQHI R LF FI IMINATI N-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,
Town of Old Fort
is hereby authorized to discharge wastewater from a facility located at
Old Fort WWTP
Catawba Avenue
Old Fort
McDowell County
to receiving waters designated as Curtis Creek in the Catawba River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective February 1, 1992
This permit and the authorization to discharge shall expire at midnight on April 30, 1995
Signed this day December 13, 1991
Original Signed By
Donaid Safrit for
George T.Everett,Director
Division of Environmental Management
By Authority of the Environmental Management Commission

Permit No. NC0021229
SUPPLEMENT TO PERMIT COVER SHEET
Town of Old Fort
is hereby authorized to:
1• Continue to operate an existing 0.800 MGD wastewater treatment facility consisting of an
'oxidation ditch with UV disinfection located at Old Fort WWT'P McDowell County (See Part III of this Permit), and Catawba Avenue, Old Fort,
2. After receiving an Authorization to Construct from the Division of Environmental Management,
make the necessary modifications to meet the discharge limitations contained in this permit, and
3. Discharge from said treatment works at the location specified on the attached map into Curds
Creek which is classified Class C-Trout waters in the Catawba River Basin.

A. O.EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL
During the period.beginning on the effective date of the Permit No. NjC0021229
outfall(s) serial number,001. Such discharges shall be limited itand monitoredtb ethetmnon, the Permittee is authorized-to disrthazge from
Y Permittee as specified below: . .'
,Effluent Characteristics Discharge Limitations
Monitoring Requirements
Monthly Avg yye klv A�g, Measurement a
Flow ---�' e v S mole am le
0.8 MGD all a Freguencv Tyne Location
BOD, 5 Day, 20 °C" 30.0 mg/I 45.0 mg/1 Continuous Recording I or E
Total Suspended Residue" 2/Month Composite E, I
30.0 mg/1 45.0 mg/I
NH3 as N 2/Month Composite E, I
Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Monthly Composite E
�� 0 µg/i
Total Residual Chlorine 2/Month Grab E
Temperature ' 115.5 µg/I Daily
Grab E
Total Nitrogen (NO2 + NO3 + TKN) Weekly Grab E
Total Phosphorous Quarterly Composite E
Lead Quarterly Composite E
Cyanide 114.0 µg/I 2/Month Composite E
*Sample locations:E-Effluent, I- Influent 23.0 µg/l 2/Month Grab E
**The monthly average effluent BODS and Total Suspended Residue concentrations shall not exceed 15 % of the respective influent value (85
%removal).
*'* Chronic Toxicity (Ceriodaphnia)P/F at 22%, September,December, March, and June; See Part III, Condition I.
****Limit becomes effective August 1, 1994. See Part III, Condition G regarding implementation of Cadmium limitation.
The pH shall not be less that 6.0 standard units not greater than 9.0 standard units and shall be monitored 2/month at the effluent b
sample.
' y grab
There shall be no discharge of floating solids or visible foam in other than trace amounts.
CONTINUED . . . .

A. ().EFFLUENT LIMITATIONS AND MONrroRING REQUIREMENTS FINAL
Permit No.,NC0021229
During the period begi
nning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge from
outfall(s)serial tiumtier.001. (Continued)
Effluent Characteristics Discharge Limitations
Unita U"-q W Monitorinu Raaulrements
Monthly Aya Daily Ma:Weekl��Av„ Measurement Semple •Semple
Chromium Fr2auencv Tvpe Locetlon
Copper Monthly Composite E
Nickel Monthly Composite E
Zinc Monthly Composite E
Chronic Toxicity ••• Monthly Composite E
Cadmium(monitor)•••• Quarterly Composite E
Cadmium(limited)•••• 2/Month Composite E
1.8 µ9/l 2/Month Composite E

• Pan III Permit No. NC0021229
F. Chronic Toxicity Testing Requirement(Quarterly)
The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests,
using test procedures outlined in:
1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic
Bioassay Procedure - Revised *September 1989) or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or
significant mortality is 22% (defined as treatment two in the North Carolina procedure document).
The permit holder shall perform quarterly monitoring using this procedure to establish compliance
with the permit condition. The fast test will be performed after thirty days from issuance of this
permit during the months of September, December, March, and June. Effluent sampling for this
testing shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter
code TGP3B. Additionally,DEM Farm AT-I (original) is to be sent to the following address:
Attention:
Environmental Sciences Branch
North Carolina Division of
Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual
chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this
monthly test requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Environmental Management indicate potential impacts to the receiving stream, this
permit may be reopened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit
suitable test results will constitute noncompliance with monitoring requirements.
G. Implementation of Cadmium Limit
The following schedule has already been sent to the permit holder(Mayor Wilson) in a letter dated
January 15, 1991. Note that the fast five dates have been relaxed to occur after issuance of this
permit
(A)Turn in preliminary engineering report quantifying cadmium levels in the effluent and outline
remediation strategy on or before . . . . . . APRIL 1, 1992.

(B) Complete pilot study and submit final report on or before . . . . . . OCTOBER 1, 1992
(C) Submit either plans and specifications for treatment facility modifications or submit final
compliance schedules for affected industrial users on or before . . . . . . FEBRUARY 1, 1993.
(D) Construction begins at either Old Fort WWTP or Affected Industrial Users (subject to
conditions in original letter) on or before . . ... . . MAY 1, 1993.
(E) Construction complete and operational on or before . . . . . . MAY 1, 1994.
(F) Achieve compliance with 1.8 ugA daily maximum limitation on or before . . . . . . AUGUST 1,
.1994.

..RM
t s
State of North Carolina Cv-l��
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., SecrejtyTVISION OF ENVIRONMENTAL MANAGEMENT Regional Manager
WATER QUALITY SECTION '
February 12. , 1991.
MEMORANDUM
TO: Dale Overcash, Supervisor
NPDES Group
THROUGH: Forrest R. Westal
Regional Water Qua y caper; isor, 3
f rgr�s vT
FROM: James R. Rei
Environmental mist FL
� ' 1
991
SUBJECT: Town of Old F rt
NPDES NCO021229 Renewal IL� biCiLri- .`iPi v�E 3i:h?tLH
McDowell County
i;
The current draft of the Town of Old Fort4' s NPDES Permit Number
NCO021229 contains a cadmium (cd) limitation with which the Town will
be unable to comply. In accordance with previous correspondence, the
most expeditious solution is thought to be inclusion of a cd schedule
into NPDES Permit Number NCO021229 at the time of its renewal . After
consultation with the Town on February 1 , 1991 , the regional staff and
representatives of the Town, including the Mayor, ORC, and consultant
engineer agreed upon the following schedule for cd compliance .
Incorporation of the following schedul- into NPDES Permit Number
NCO021229 is recommended .
Turn in a preliminary engineering report quantifying the
cadmium problem and outlining alternative solutions on
or before . . . . . . . . . . . . . . . . . August 1 , 1991 .
Complete a pilot study, :if required , and submit final
report on or before . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . February 1 , 1992
OICIChlnj}' Ruild,n, , 59 A,.Afro Pla<c. :A,h, ,11c NC ?S801 • lcicph,nc ;("i ,I 008

Dale Overcash
Memorandum
February 12 , 1991
Page Two
Provide plans and specifications for treatment facility
modifications/additions, if necessary, or issue cadmium
compliance schedules to industrial users on or before . .
. . . . . . . . . . . . . . . . . . . . .October 1, 1992 .
Begin construction (contractor on site with authorization
to proceed having been issued) of any needed equipment
additions/modifications or require industrial users to
begin construction or initiate process changes on or
before . . . . . . . . . . . . . . . . . . April 1, 199K
Complete any required construction ( all equipment
additions/modifications in place and fully in operation)
on or before . . . . . . . . . . . . . . . . May 1, 1994.
Achieve compliance with final cadmium .requirement on or
before . . . . . . . . . . . . . . . . . . August 1, 1994.
Please contact me if there are questions or a need for additional
information.
xc : Jackie Blalock
McGill and Associates
Trevor Clements
Jule Shanklin/
Ruth Swanek V

n
13 1991
IL'U;i ,W. . J+jfY(,Rw7 LPr� tii'I
State of North Carolina
Department of Environment, Health, ancljNatural Resources t f
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobq} Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT j
WATER QUALITY SECTION
January 15, 1991
Honorable Robert F. Wilson
Mayor of Old Fort
Post Office Box 520
Old Fort, North Carolina 28762
Subject: Proposed Cadmium Schedule
Wastewater Discharge Permit
Town of Old Fort
McDowell County
i
Dear Mayor Wilson: !
A proposed schedule leading to compliance with the cadmium
limitation contained in the Town of Old Fort' s draft permit was
transmitted under cover of a letter dated November 29, 1990. Since
that date I have learned that the Environmental Protection Agency
requires that permit schedules not exceed three (3 ) years in length.
Therefore, I am proposing a new cadmium schedule as outlined below:
Turn in a preliminary engineering report quantifying the
cadmium problem and outlining alternative solutions on
or before . . . . . . . . . . . . . . . . . . August 1 , 1991 .
Complete a pilot study and submit final report on or before .
. . . . . . . . . . . . . . . . . . . . . . February 1, 1992 .
Provide plans and specifications for treatment facility
modifications/additions or issue cadmium compliance schedules
to industrial users on or before . . . . . . October 1 , 1992 .
Begin construction (contractor on site with authorization to
proceed having been issued) of equipment additions/
modifications or require industrial users to begin construction
on or before . . . . . . . . . . . . . . . . . .April 1 , 1993 .
Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 •Telephone [phone]
An Frnml (lmmmuni v Ai(irmmivr Anna, F--1111.1.

Mayor Robert F. Wilson
., January 15 , 1991
Page Two
Complete construction ( all equipment additions/modifications
in place and fully in operation) on or before . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . May 1, 1994.
Achieve compliance with final cadmium limitation on or before
. . . . . . . . . . . . . . . . . . . . . . . August 1, 1994.
The proposed schedule is drafted to accommodate a worst case
situation in which construction of major equipment modifications/
additions would be required. Product substitution in an industrial
process or some other relatively simple, quick action may jje, all that
would be necessary to achieve consistent cadmium compliance. If such
were the case, the Town could request modification of the schedule and
completion of all above steps would not be required.
Please contact me by telephone if there are questions or comments
concerning the proposed schedule or related matters . I would
appreciate a response on or before February 1, 1991 concerning the
acceptability of the schedule. Upon receipt of the Town' s comments and
if agreement concerning a schedule is reached, I will recommend that
the Division of Environmental Management' s Permits Section include the
above schedule in the Town of Old Fort' s renewal wastewater discharge
permit. Additionally any permit which might be issued containing a
cadmium schedule would likely contain a "monitoring only" requirement
for cadmium to protect the Town from the consequences of a
non-compliant discharge during the term of the schedule .
Sincerely,
James R. Reid
Environmental Chemist
xc : Jackie Blalock
McGill and Associates
Trevor Clements
Jule Shanklin
Ruth Swanek

o
WY�J^ j'� It
State of North Carolina
Department of Environment, Health, and Natural Resources ;
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT :
WATER QUALITY SECTI0
1
November 29, 1990
f
,;1_c 0 4 1990
Honorable Robert F. Wilson
Mayor of Old Fort
Post Office Box 520 +tS
Old Fort, North Carolina 28762 1 !
Subject: Proposed Cadmium Schedule
Wastewater Discharge Permit
Town of Old Fort
McDowell County j
i
Dear Mayor Wilson:
The draft NPDES wastewater discharge permit for the Town of Old
i
Fort (Town) contains a proposed cadmium limitation of 1 . 8 ug/l .
Available data reveals that the Town will be unable to consistently
comply with the proposed cadmium limitation. The source of the cadmium
has not been clearly defined, and means to achieve consistent
compliance with the cadmium limitation is not readily discernible .
Therefore, a permit schedule for cadmium compliance is suggested as the
mechanism by-which to achieve compliance with the 1 . 8 ug/1—limitation.
Listed below is a draft schedule for your consideration and comments:
Turn in a preliminary engineering report quantifying the
cadmium problem and outlining alternative
solutions on or before . . . . . . . . . . . . . April 1, 1991 .
Complete a pilot study and submit final report on or before .
. . . . . . . . . . . . . . . . . . . . . . . . October 1, 1991 .
Provide plans and specifications for treatment facility
modifications/additions or issue cadmium compliance schedules to j
industrial users on or before . . . . . . . . . . April 1 , 1992 .
Begin construction (contractor on site with authorization to
proceed having been issued) of equipment additions/modifications
or require industrial users to begin construction on or before .
. . . . . . . . . . . . . . . . . . . . . . . .October 1, 1993 .
Interchange Building, 59 Vohodfin Place, Asheville, N.C. 28801 • lelephone 704-251-6208 i
1
An Equal Oppnrmnin, Affirmative Action Emplover

Mayor Robert F. Wilson
November 29, 1990
Page Two j
Complete construction ( all equipment additions/modifications in
place and fully in operation) on or before . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . October 1, 1994.
Achieve compliance with final cadmium limitation on or before
. . . . . . . . . . . . . . . . . . . . . . . . February 1, 1995 .
The proposed schedule is drafted to accommodate a worst case
situation in which construction of major equipment modifications/
additions would be required. Product substitution in an industrial
process or some other relatively simple, quick action may be all that
would be necessary to achieve consistent cadmium compliance . If such
were the case, the Town could request modification of the schedule and
completion of all above steps would not be required.
I
Please contact me by telephone if there are questions or comments
concerning the proposed schedule or related matters. Upon receipt of
the Town' s comments and if agreement concerning a schedule is reached,
I will recommend that the Division of Environmental Management' s
Permits Section include a cadmium schedule in the Town of Old Fort' s I
renewal wastewater discharge permit. Additionally any permit which
might be issued containing a cadmium schedule would of course contain
relaxed interim cadmium limitations to protect the Town from the j
consequences of a non-compliant discharge during the term of the
_ schedule .
Sincerely,
James R. Reid
Environmental Chemist
I
xc : Jackie Blalock
McGill and Associates
Trevor Clements
Jule Shanklin
i

'041
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 24, 1990
MEMORANDUM
TO: James R. Reid FROM: Trevor Clements �"���(((���
SUBJECT: Discussion of Cadmium Limit for Town of Old Fort
NPDES Permit No. NC0021229
McDowell County
I am responding to your memo sent October 9, 1990 . The cadmium
limit assigned to Old Fort WWTP is water quality based. The Clean
Water Act (CWA) requires states to adopt and enforce numerical stan-
dards for all 307 (a) priority pollutants or implement bio-monitoring
where criteria are not available. The 1987 amendments to the CWA
(Section 303 (c) (2) (B) ) supersede the 1987 Wilms memo mentioned in
your correspondence .
North Carolina water quality regulation NCAC 2B . 0208 prohibits
the presence of any toxicant instream above a chronic no effect
level. In addition, NCAC 2B . 0206 (a) (2) requires that toxicity be
evaluated under a 7Q10 flow condition. The cadmium limit in the
permit was based on meeting the stream standard for trout waters
under 7Q10 conditions and, therefore, is properly based and should
remain. It is apparent that trout are more sensitive to cadmium
than most species since the North Carolina standard of 0 .4 ug/l for
trout waters is 5 times lower than that for general freshwaters .
(This probably explains why Old Fort is passing its whole effluent
toxicity tests . )
The issue of whether the limit is needed is readily answered by
the effluent monitoring data which indicate exceedances of the
criteria. Since the permit has not yet been issued, a schedule for
compliance can be input directly into the permit. This schedule will
provide time for the Town to adequately update its headworks and
subsequently update its pretreatment permits, if appropriate, or
to choose some alternative to comply with its final limit .
If any additional information is needed concerning this matter,
please feel free to contact Jackie Nowell or myself.
JTC/JMN
cc: Don Safrit
Forrest Westall
Central Files

a^`srnrt y
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor Ann B. Orr
William W. Cobey, Jr., Secretary Regional Manager
DIVISION OF ENVIRONMENTAL MANAGEMENT y'
WATER QUALITY SECTION
iI
October 9, 1998 r nf�F�.6r
p6c . .tt. Yt_U
ocT 1 2 1990
MEMORANDUM
TECiiiilC . SUFFOPT HANCH
TO: Don Safrit, Supervisor (1
Permits and Engineering Unit
THROUGH: Forrest R. West
Regional Water Qu upervisor
FROM: James R. Re d
Environments emist
SUBJECT: Town of Old Fort
NPDES Permit No. NCO021229
Cadmium Limitation
McDowell County
The current draft of the Town of Old Fort' s NPDES Permit Number
NCO021229 contains a cadmium limitation of 1 . 8 ug/l . The proposed
number was based upon a default value in Prelim. Imposition of the
limitation would be quite a hardship for the Town since compliance
would necessitate additional treatment works . The Town' s
uncontrollable wastes contain 2 . 9 ug/l Cd. Listed below are Cd
sampling data generated by the Town since receipt of the draft permit;
values which would be in violation of the proposed Cd limitation are
printed in bold type :
DATE EFFLUENT UPSTREAM DOWNSTREAM TOXICITY
01/09/90 0.0104 mg/l
01/15/90 0.0033
02/05/90 0. 0041
02/12/90 0. 0017
03/12/90 0. 0042 . . . . . . . . . . . . . . . . . . . Pass @ 23%
03/19/90 < . 0010
Interchange Building 59 Woodfin Place, Asheville, NC. 28801 • Telephone [phone]
An Equal Opporruniry• Affirmative Action Employer

Don Safrit
Memorandum
October 9, 1990
Page Two
DATE EFFLUENT UPSTREAM DOWNSTREAM TOXICITY
04/02/90 0.0025
04/10/90 0. 0014
O5/07/90 0. 0043 . . . . . . . . . . . . . . . . . . . Pass @ 23%
05/14/90 < .0010
06/04/90 0.0019
06/11/90 0.0020 . . . <0. 0010 <0. 0010 Pass @ 23%
07/09/90 0. 0011 . . . <0 . 0010 <0. 0010
07/23/90 0. 0020
08/06/90 0. 0020
08/13/90 < . 0010
The above data implies that the Town will be largely unable to meet
the proposed 1 . 8 ug/1 Cd limitation which is based upon a default
value. The Town' s Cd limit, were it water quality based, would be 9 . 1
ug/l; available information suggests no problem complying with a WQ
based limit.
The IWC is 22%. Toxicity testing preformed in conjunction with the Cd
sampling indicates no problem in securing compliance with the chronic
toxicity requirement at Cd concentrations in excess of the proposed
1 . 8 ug/1 limitation.
Paul Wilms' memo dated July 2, 1987 and Roy Davis' memo dated July 25,
1990 (copies of both attached and highlighted) state that in the
absence of adverse downstream impacts or water quality violations
existing non-industrial permits are to be issued without additional
limitations . Old Fort' s current NPDES Permit contains no Cd
limitation.
Since no adverse downstream impacts or water quality violations are
indicated and in accordance with instructions in the attached
memoranda, the Cd limitation should be removed from the Town of Old
Fort' s NPDES Permit before issuance . The limit should be replaced
with a "monitoring only" requirement for Cd.
Thank you for your assistance with this matter. If there are questions
or a need for additional information, please contact me.
Enclosure
xc : Trevor Clements
Jule Shanklin

fIKTN
gchev'lit R,:?,i.7trs Ol(ice
Q
V DIVISION OF ENVIRONMENTAL MANAGEMENT z, .
.July,_2, I987.
M E M O R A N D U M
T0: , George T. Everett'
V` #
R. Pau
FROM: l Wilms
�
SUBJECT: Procedures for Developing Wasteload Allocation
Over the past year, more and more existing discharges have been
significantly impacted by their NPDES permit limitations becoming more
restrictive at the time of permit reissuance. In order: to avoid undue
hardships on these facilities;•-the flollowing procedures should be used
in developing permit limitations for renewals of NPDES permits.
i to be-increased, or the type of
1. If the permitted volume is pro—pa p
waste to be treated is changed, or the allocation Is to be used to
finalize WWTP design prior to
construction f new facilinted, ties or if
downstream water quality problems,
wasteload allocation model willibe run to develop the new limits.
2. If no changes roblemsn the ischarge are attributableptopose and if no this discharge havesbeenm
waterer problems
documented , the draft NPDES permit will be developed using the
existing permit limitations. If there are questions as to the
possible impacts on the receiving stream, additional stream
monitoring will be required and the NPDES permit will contain a
reopener that the permit will be modified to incorporate more
restrictive limitations , if instream water quality violations are
`+ \ noted that are attributable to this discharge.
+
'+ 3. For new permit applications for proposed discharges , the wasteloa
allocation will be developed using our best models . If the
proposed discharge interacts with an existing discharge, no"more
stringent` limitations will be placed on the existing discharges and
the new discharge will only be given the ultimate BOD that the
receiving stream can assimilate above that already allowed by
existing discharges.
+

i
' I
- 2 -
4. In order to prevent banking of stream assimilative capacity, all
NPDES permits for new or expanded discharges shall contain a
condition that states that an Authorization to Construct will not
be issued for a facility for which approvable plans and
specifications are not received within eighteen ( 18) months of
permit issuance. Also all Authorizations to Construct will only be
issued for a period sufficient to allow for the completion of the
project. . The permit conditions should allow for extension by the
Director for cases where construction delays are beyond the control
of the permittee.
If there is a need for any additional information or clarification ,
please do not hesitate to contact me.
RPW/dkb
f
t

i
y
I
DIVISION OF ENVIRONMENTAL MANAGEMENT
July 2'; , 1990
MEMORANDUM
TO: Forrest R. Westal.l
FROM: Roy M. Davis
SUBJECT: Waste Load Allocations and Permit Limits
On July 13 , 1990, George Everett instructed that non-
industrial permits would be reissued without tightening
limits, irrespective of the waste load allocation unless
Water Quality Standards are being violated or new Water
Quality Standards are promulgated. Any Waste Load
Allocation reviewed by the Asheville Regional Office
should be reviewed and commented up pursuant to the
above instructions .
xc : George Everett
Steve Tedder

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