WQ0003924_NOV-2021-OV-0002_20210413

ROY COOPER
Governor
DIONNE DELL1-GATTI
Secretary
S. DANIEL SMITH
Direcror
NORTH CAROLINA
Environmental Quality
April 13, 2021
Certified Mail # 7019 1120 0000 8361 1602
Return Receipt Requested
Perry Keister - Partner
Linco Partnership
288 Whitehouse Drive
Lincolnton, NC 28093
Certified Mail # 7019 1120 0000 8361 1589
Return Receipt Requested
Perry Keister — Partner
Linco Partnership
5200 Old Harding Road
Nashville, TN 37064
Subject: NOTICE OF CONTINUING
VIOLATION and NOTICE OF INTENT
TO ENFORCE
NOV-2021-OV-0002
Linco Partnership
Permit No. WQ0003924
Wastewater Irrigation System
Lincoln County
Dear Mr. Keister:
Based on site visits in January 2021 and Linco Partnership's (Linco) response to NOV-
2020-PC-0261, the Division of Water Resources (Division) is issuing a Notice of
Continuing Violation and Notice of Intent to Enforce for the following violations of the
subject permit:
VIOLATION #1
Section I Schedules
Pkpet4'e.t e+ Vh R+menlV VUVI
North Carolina Department of Environmental QuaElty I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville. North Carolina MI5
704.663_I644

1. Prior to resuming wastewater treatment and irrigation operations, the Mooresville
Regional Office, telephone number [phone], shall inspect the two -million -
gallon lagoon liner to determine its acceptability for use. The regional office shall
be notified at least 48 hours prior to the installation or repair of the liner, and such
notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m.
on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)].
2. Prior to resuming wastewater treatment and irrigation operations, the Permittee
shall notify the Division in writing. This notification shall be sent to the Division of
Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617, or Non-Discharge.Reportsncdenr.gov. [15A NCAC
02T .0108(b)(2)].
3. The Mooresville Regional Office, telephone number [phone], shall be
notified at least 48 hours in advance (excluding weekends and holidays) of
operation of the reopened facilities such that an inspection can be made.
Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m.
on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(2)].
• Linco failed to notify the Division and Mooresville Regional Office
prior to resuming wastewater treatment operations;
• Linco failed to notify the Mooresville Regional Office to allow for
inspection of the two -million -gallon lagoon liner to determine its
acceptability for use;
• Linco failed to allow the Mooresville Regional Office to inspect the
lagoon liner for damage before transferring wastewater into the
lagoon. Linco has transferred wastewater to the lagoon with a clearly
damaged liner;
• Linco knowingly released wastewater into the Lagoon with a damaged
liner which has potentially compromised on -site groundwater (see
attached photo);
• Linco failed to have the lagoon liner inspected and repaired by an
appropriate consulting engineer prior to transferring wastewater into
the lagoon.
VIOLATION #2
Section III Operation and Maintenance Requirements
1. Failure to designate an Operator in Responsible Charge (ORC)
Your subject permit in Condition III OPERATION AND MAINTENANCE
REQUIREMENTS, Item 2. states, "Upon the Water Pollution Control System
Operators Certification Commission's (WPCSOCC) classification of the subject
non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee
shall designate and employ a certified operator in responsible charge (ORC) and
one or more certified operator(s) as Back-up ORC(s). The ORC or their back-up
shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply
with all other conditions specified in the previously sited rules. [15A NCAC
02T .0117]"

In addition, Title 15A NCAC 08G .0201 RESPONSIBILITY OF SYSTEM OWNERS
TO DESIGNATE CERTIFIED OPERATORS states, "Owners of classified water
pollution control systems shall designate operators certified by the Commission of
the same type and grade as the classification for the system and for each
classification shall:
(1) designate one ORC who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
(2) designate one or more Back-up ORC(s) who possesses a valid certificate of
the type of the system and no more than one grade less than the grade of the
system, with the exception of no Back-up ORC is required for systems whose
minimum visitation requirements are twice per year; and
(3) submit a signed completed Operator Designation Form to the Commission (or
to the local health department for owners of subsurface systems) countersigned
by the designated certified operators, designating the ORC and the Back-up ORC:
(a) 60 days prior to wastewater or residuals being introduced into a new
system;
(b) within 120 days following:
(i) notification of a change in the classification of the system requiring
the
designation of a new ORC and Back-up ORC of the proper type
and
grade; or
(ii) a vacancy in the position of ORC or Back-up ORC; or
(c) within seven days of vacancies in both ORC and Back-up ORC positions
replacing or designating one of the responsibilities. the Operator
Designation Form may be found on the Commission website at:
https://deq.nc.gov/about/divisions/water-resources/operator-
certification/wastewater-operatorcertification/wastewater-operator-
certification-downloads and shall include:
(i) the owner's name, contact information, and signature;
(ii) the system name, location, permit number, type, and
classification;
(iii) the ORC name, contact information, the type and grade of the
certification, and signature; and
(iv) the Back-up ORC name(s), contact information, the type(s) and
grade(s) of the certification(s), and the signature(s)."
• Linco failed to properly designate an ORC or Back-up ORC. Division
records indicate that no ORC or Back-up ORC has been properly
designated for the subject facility.
VIOLATION #3
Section V Monitoring and Reporting Requirements
1. Unpermitted Discharge of Wastewater

Your subject permit in Condition II. PERFORMANCE STANDARDS, Item 1. states,
"The subject non -discharge facilities shall be effectively maintained and operated
at all times so there is no discharge to surface waters, nor any contravention of
groundwater or surface water standards. In the event the facilities fail to perform
satisfactorily, including the creation of a nuisance condition due to improper
operation and maintenance, the Permittee shall take immediate corrective actions
including Division required actions as stipulated in G.S. 143-215.1, 143-213.3(a)".
In addition, Condition III. OPERATION AND MAINTENANCE REQUIREMENTS,
Item 1. states, "The facilities shall be properly maintained and operated at all times.
The facilities shall be effectively maintained as a non -discharge system to prevent
the discharge of any wastewater resulting from the operation of this facility."
In addition, Conditions III. OPERATION AND MAINTENANCE REQUIREMENTS,
Item 11. states, "Diversion or bypassing of untreated or partially treated
wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0505(d)]"
• Linco's response on May 19, 2020, indicated that wastewater was
discharged from the system on or about April 13, 2020, as a result of
heavy rains and a power outage.
• During the site visit of January 14, 2021, MRO regional staff observed
a discharge of wastewater to waters of the State. (See attached photos)
VIOLATION #4
Failure to report a discharge
Your subject permit in Condition IV. MONITORING AND REPORTING
REQUIREMENTS, Item 13. Noncompliance Notification states "The Permittee
shall report by telephone to the Mooresville Regional Office, telephone number
[phone], 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. Treatment of wastes abnormal in quantity or characteristic, including the
known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or
unknown reasons, rendering the facility incapable of adequate wastewater
treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance
with its permit limitations.
e. Ponding in or runoff from the irrigation sites.

Any emergency requiring immediate reporting (e.g., discharges to surface water,
imminent failure of a storage structure, etc.) outside normal business hours shall
be reported to the Division's Emergency Response personnel at telephone number
[phone], [phone]. Persons reporting such occurrences by
telephone shall also file a written report in letter form within five days following first
knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur. [15A NCAC
02T .105(1), 02T .0108 (b)(1)]
• Linco failed to properly report an unpermitted discharge that occurred
on or about April 13, 2020, as noted in your correspondence dated May
19, 2020;
• Linco failed to properly report an unpermitted discharge that was
observed during a site visit by NCDEQ on January 14, 2021.
VIOLATION #5
Failure to conduct monitoring as required
Your subject permit in Condition IV. MONITORING AND REPORTING
REQUIREMENTS, Item 3 states, "Flow through the treatment facility shall be
continuously monitored, and daily flow values shall be reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device
to ensure the accuracy and reliability of flow measurement consistent with
accepted engineering and scientific practices. Selected flow measurement
devices shall be capable of measuring flows with a maximum deviation of less than
ten percent from the true flow; accurately calibrated at a minimum of once per year;
and maintained to ensure the accuracy of measurements is consistent with the
selected device's accepted capability. The Permittee shall maintain records of flow
measurements device calibration on file for a period of at least five years. At a
minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow. [15A NCAC 02T .0105(k)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS,
Item 4 states, "The Permittee shall monitor he effluent form the subject facilities at
the frequencies and locations for the parameters specified in Attachment A. [15A
NCAC 02T .0108 (c)]."
In addition, Condition IV. MONITORING AND REPORTING REQUIREMTNTS,
Item 5 states, "The Permittee shall maintain adequate records tracking the amount
of effluent irrigated. At a minimum, these records shall include the following
information for each irrigation site listed in Attachment B:
a. Date of irrigation;

b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre)
loadings;
f. Loading rates to each infiltration site listed in Attachment B;
g. Continuous monthly and year-to-date loadings for any non -hydraulic
parameter specifically limited in Attachment B;
h. Weather conditions; and
1. Maintenance of cover crops. [I5A NCAC 02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS,
Item 6 states, "Freeboard (i.e., waste level to the lowest embankment elevation) in
the 2,000,000-gallon storage lagoon and 300,000-gallon storage tank shall be
measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly
freeboard records shall be maintained at the facility for a period of no less than five
years, and shall be made available to the Division upon request. [ISA NCAC
02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS,
Item 7 states, "Three copies of monitoring data (as specified in Conditions IV.3.
and IV.4) on Form NDMR for each PPI and three copies of all operation and
disposal records (as specified in Conditions IV.5 and IV.6) on Form NDAR-1 for
every site in Attachment B shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring
reports are still required documenting the absence of activity. All information shall
be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
• Linco failed to submit NDMR and NDAR-1 monitoring reports for May, July,
November 2020. The March 2021 reports are also coming due. The required
sampling and reporting schedule for the subject permit is provided on page
15 of the permit in "Attachment C";
• Linco failed to properly execute the NDMR and NDAR-1 monitoring reports
for the months of May, July, November of 2019, and March of 2020, by failing
to have an ORC or Back-up ORC signature
The Mooresville Regional Office is considering forwarding a recommendation of
enforcement action to the Director of the Division of Water Resources, including
the potential assessment of civil penalties for the above -mentioned violations. You
are requested to provide a written response to this Notice within fifteen (15)

calendar days of receipt detailing the measures taken, or those that will be taken,
to immediately abate the violations. Your response will be forwarded to the
Director for his review and consideration.
Failure to comply with conditions in a permit may result in a recommendation of
enforcement action, to the Director of the Division of Water Quality, who may issue a civil
penalty assessment of not more that twenty-five thousand ($25,000) dollars against any
"person" who violates or fails to act in accordance with the terms, conditions, or
requirements of a permit under authority of G.S. 143-215.6A.
If you have any questions concerning this matter, please contact Edward Watson of the
Mooresville Regional Office at [phone] or by email at
[e-mail].
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
CC: WQROS Mooresville Regional Office - Enforcement File
DWR Compliance/ Enforcement Unit — Enforcement File
Ron Buck, Linco Partnership
Lorin Weaver, Linco Partnership
Jeff Reynolds, Linco Partnership
Teresa Lundin, Linco Partnership
Brent Burch, DWM-Hazardous Waste Section (via email)
Sean Morris, DWM- Hazardous Waste Section (via email)
Jason Watkins, DWM- Soil Waste Section (via email)
Deb Aja, DWM-Solid Waste Section (via email)
Erick Saunders, Non -Discharge Permitting-NCDEQ (via email)
USEPA Region IV Office, Atlanta, GA

Attached photos.
January 14, 2021, photo of wastewater entering wetlands and a UT to Carpenter Creek:
January 14, 2021, photo of wastewater entering Carpenter Creek:

Photo of torn liner January 28, 2021, with wastewater level above the tear: