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HomeMy WebLinkAboutNC0039594_Regional Office Historical File Pre 2018 (6) �� Y off. Q DEN re d4 k' t eudtr.rvar1° fsit, rrrrcrat.Plant :'qr Main Ave e Maiden, NC 28650 : iim re (82 28.5032 Fax (828) 428-5606 November 22, 2017 Mr.Wes Bell Environmental Specialist N,C, Division of Water resources Water Quality Regional Operations Section 610 East Center Avenue, Suite 310 Mooresville, North Carolina 28115 Subject: Response to Notice of Deficiency Compliance Biomonitoring Inspection Town of Maiden WWTP NPDES Permit No. NC0039594 Tracking# NOD-2017-PC-0249 Dear Mr. Bell: In response to your reference letter dated November 07, 2017 which noted an operational deficiency associated with an inoperable grit removal system and a failure to collect effluent samples over a 24-hr. period the Town of Maiden would like to respond with the following proposed or initiated solutions to insure we meet all the conditions required in NPDES permit NC0039594. We would &so like to address the concerns with laboratory, influent sampling, and flow measurement. L Grit Removal System: The grit washer equipment has been removed from the headworks. The equipment has been evaluated to determine its overall status and feasibility of repairing the washer and returning this equipment back into service. The washer has been deemed unrepairable, The Town will purchase and install a new direct replacement grit washer to serve the same function as the existing washer during the 2018-2019 fiscal year. If deemed necessary,the Town will contract with a private waste hauling service to remove and dispose of accumulated material until a permanent grit removal system can be installed.Taking into consideration the age of headworks (bar screen,grit removal and influent pumping station) the Town may also consider an engineering study to evaluate the overall condition of these treatment plant components as apart of future wastewater upgrades. Page Two 2. Effluent Sampling: The effluent sampler has been programed to collect a minimum of 24 samples over a 24-hour period.The programing is based on the calculated average flow for the treatment facility. A weekly calibration and aliquot check is being performed and documented.The sampler is collecting a sample volume greater than 100 ml with a minimum run time of 24 hours and is now meeting the NPl3ES permit requirement for composite flow proportional sampling. The following additional corrective actions have also been taken to address the following concerns noted in the subject Compliance Inspection Report. 1. Laboratory pH: Laboratory analysis for pH is now following the North Carolina Wastewater Groundwater Laboratory Certification Approved Procedure for The Analysis of pH Revised 11/17, 2. Laboratory Temperature: The documentation sheet for the laboratory refrigerator has been reinstated and the laboratory refrigerator temperatures are being recorded daily for every day the unit is used to store samples. (The treatment facility has been keeping a temperature log for years and the sheet was discontinued due to an operator error.) 3. Influent Sampler: The influent sampler is being calibrated on a weekly basis using the same procedure as the effluent sampler. 4. Flow Measurement: The influent flow meter was calibrated on 11/06/2017.The parshall flume was checked using a staff gauge and the sensor checked for location and correct working order. A copy of the certification letter is attached to this report, Should you have any questions concerning this response or need additional information, please (828) li i idennc...ioy. feel free to contact me at 320-9728 on via email at .r��� ��� �b,� �l�i�1 Sincerely Timothy R. Hedrick ORC Town of Maiden Enclosure: Calibration Letter CC: Todd Herms Town Manger MSW Equipment Service/Calibration PO Box 580 Indian Trail NC 28079 Phone(800)947-0852 Fax(704)821-6466 www.clearwaterinc.net fi)' ( IearWr11nc __- -- ----- Job Date 11/06/2017 Customer Site Location Town of Maiden Maiden Address City 113 West Main Street Maiden State Zip NC 28650 Contact Name Email Address Tim Hedrick thedrick@maidennc.gov Phone Number Fax Number (828)428-5032 I Job Type Calibration PO or SO Number Service Number 17110610553027 Technician Technician Phone Technician Email Micah Brewington 910-337-3952 micah@clearwaterinc.net Salesman Salesman Phone Salesman Email Jacob Reid 828-302-0011 jacob@clearwaterinc.net Meter/Sampler(1) Calibration Letter PO Box 580 Indian Trail NC 28079 Phone(800)947-0852 Fax(704)821-6466 www.clearwaterinc.nel Equipment Location Intl wastewater meter Equipment 3010 Ultrasonic Flow Transmitter Primary Device Parshall Flume Size 9 Serial Number 208m01064 Totalizer 1036851 Multiplier x100 Units Gallons Begin Level 0.31 End Level 0,31 Signal Strength(Ultrasonic) 93 99 Comments Calibrated meter with staff gauge.Also checked where the sensor is on the flume and it is correct and is working correctly to manufacture spec This is to certify that I was at your facility to calibrate the equipment listed In this letter.A calibration sticker was placed on the equipment. If you have any questions, or if we can be of assistance in any manner,please give us a call at(704)821.6777. Meter/Sampler(2) Calibration Letter PO Box 580 Indian Trail NC 28079 Phone(800)947-0852 Fax(704)821-6466 www.clearwaterinc.net .. L'irit)) \si Equipment Location EN meter Equipment 3010 Ultrasonic Flow Transmitter Primary Device V-notch Weir Size 90 Serial Number 208m01067 Totalizer 56355413 Multiplier x100 - Units Gallons Begin Level .26 End Level .26 Signal Strength(Ultrasonic) 92 99 Comments Calibrated meter with staff gauge This 1s to certify that I was at your facility to calibrate the equipment listed In this letter.A calibration sticker was placed on the equipment. If you have any questions, or if we can be of assistance in any manner,please give us a call at(704)821-6777. WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGN1ATJ tiumcf�Fqf ,( perSOCC) NCAC 15A 8G .0201 Press TAB to enter information Permittee Owner/Officer Address: Town of 19 North Main�ell �.� R"^ e !i" _ Mailing MOOR N,/Iaw,,,C h ,t ^iA Street _ _ ,.. r City: Maiden State: N.C. Zip: 28650 Email Address: therms@maidennc.gov Signature: 4( !l Date: l Facility Name: Maiden W,W.T,P. ^ _ Permit# NC0039594 _, _ _° County: Catawba YOU MUST SUBMIT A SEPARATE FORM FOR EACH TYPE AND CLASSIFICATION OF SYSTEM:. Facility Type:. WW Facility Grade: Ill __ __-___. OPERATOR RESPONSIBLE CHARGE(ORC) Print Full Name: Timothy R, Hedrick Work Phone: 828-320-9728 Certificate Type: WW Certificate �m .��—. yp III Certificate#: 1004082 cats Grade:.., ______ Email Address: thedrick@maidennc.gov° t � � 9 Signature: ° Effective Date: Oil "I certify that l agree to my designation as the Operator in Responsible Charge for the facility noted, I understand on will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 15A NCAC 08G.0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission." _ BACKUP ORC Print Full Name: M. Shuford Wise _ Work Phone::828-244-9598 Certificate Type: WW Certificate_ �� 3915 ficate Grade: III �. .. Certificate #". ___. . Email Address: mshufordwlse@outlook.com _ Signature: _ _. e_.. .. ___... Effective Date: O t I a.D 17 "I certify that I agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understa dd and will abide by the rules and regulations pertaining to the responsibilities of the ORC as set forth in 1SA NCAC 08G.0204 and failing to do so can result in Disciplinary Actions by the Water Pollution Control System Operators Certification Commission," Mail,fax or email WPCSOCC, 1618 Mail Service Center, Fax:919-715-2726 Email:cer'tadmin@ncdenr.gov ORIGINAL to: Raleigh, NC 27699-1618 Mail or Fax Asheville Fayetteville Mooresville Raleigh a COPY to: 2090 US Hwy 70 225 Green St., Suite 714 610 E.Center Ave.,Suite 301 3800 Barrett Dr, Swannanoa, NC 28778 Fayetteville, NC 28301-504.3 Mooresville, NC 28115 Raleigh, NC 27609 Fax:828-299-7043 Fax:910-486-0707 Fax:704-663-6040 Fax:919-571-4718 Phone:828-296-4500 Phone:910-433-3300 Phone:704-663.1,699 Phone:919-791u4200 Washington Wilmington Winston-Salem 943 Washington Sq° Mall 127 Cardinal Dr. 45 W. Hanes Mall Rd. Washington, NC 27889 Wilmington, NC 28405-2845 Winston-Salem, NC 27105 Fax:252-946-9215 Fax.910-350-2004 Fax:336-776-9797 Phone:252-946-6481 Phone:910-796-7215 Phone:336-776-9800 Revised 4,2G/ Michael F Easley,,Governor • Willinarn(r, Russ Jr,.Secretary North Carolina Department of Environment and Natural Resources (:`oleen it Sullins,Director Division of Water Quality December 5, 2008 WILLIAM HERMS TOWN MANAGER C << , TOWN OF MAIDEN PO BOX 125 MAIDEN NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment D rt.,�C _r tN Maiden.WWTP r i � � niC� Permit,Number: NC0039594 Case Number: LV-2008-0418 Catawba County Dear Mr. Herms: This letter is to acknowledge receipt of check number 061832 in the amount of S3,833.644 received from you dated November 25, 2008. This payment satisfies in full the above civil assessment leviedagainst 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, • Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone(919)807-6300 Location One N <',ar�}rrra 161.7 Mail Service Center Fax (919)8It7 6492 512 N.Salisbury St. ,Naturally Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.nccci terquality.org Customer Service 1-877-623-6748 An Equal Opporttsr+ity/Affineative Acton Employer-50%Recycisdi10%Post Consumer Pater OF W A rEqr - Michael F.Easley,Governor IIIX pG William G.Ross Jr.,Secretary • 52.e3 . North Carolina Department of Environment and Natural Resources , e Coleen FI.Sullins,Director "• _Wm `" .-.� Division of Water Quality • November 14, 2008 CERTIFIED MAIL 7007 1490 0004 4510 1414 RETURN RECEIPT REQUESTED Mr. William Herms, Town Manager . PO Box 125 ' Maiden,North Carolina 28650 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.NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0418 Dear Mr. Herms: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,833.64 ($3,750.00 civil penalty+$83.64 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for July 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources . and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: ® L, N Ciro lina NCDENR turu!!s� Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 I-877-623-6748 • An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 1,125,00 For 3 of the three (3) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 375,00 For.e. 1_ of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No, NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for TSS. 1 125.00 For h of the one (1) violation of U.S. 14 3- 215,1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BO1). $ 1.125,00 For_1 _of the one (1) violation of U.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. 3,750.00 TOTAL CIVIL PENALTY $ 83.64 Enforcement costs. 3 833.64 TOTAL, AMOUNT DUE Pursuant to G.S. 143-21.5.6A(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. 1431,3- 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) "1 he 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) '1he 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: I. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 ot'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 he 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 he submitted to the .following address: Point Source Compliance4°'Enforcement l:.,lnit Division of Water Quality. 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR. 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish.to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition Vs ith 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.A.dninistrative Hearings. The petition may be faxed --provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh; North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows:. Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature. not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. • ////y Z�� 6 l� ( ate) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments CompIiance/Enforcement File w/attachments Central Files w/attachments • rb/ma ATTACHMENT CASE NO. LV-2008-04118 Outfall Date Parameter 1 .eported Value Permit Limit 001 7/5/08 BOD 67,5 mg/L* 45.0 rnglt.: (Weekly average) 001 7/12/08 BOD 91.0 mgIL* 45..0 mg/L (Weekly average) 001 7/26/08 BC 1) 70.5 mg/L* 45.0 mg/t (Weekly average) 001 7/26/08 TSS 59,3 mgr/I.* 45.0 mg/11, (Weekly average) 001 7/'"31/'08 BOD 62..1 mg/L* 30.0 mgl, (Monthly average) .001 7/3 L108 TSS 36.3 mg/L* 30.0 nlg/L (Monthly average) * Denotes civil penalty assessment Fr. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO. NC0039594 ) FILE NO. LV-2008-0418 Having been assessed civil penalties totaling$3,833.64 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 14, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRES S TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0418 Assessed Party: The Town of Maiden County: Catawba Permit Number: NCOO 95q 4 Amount Assessed: $3,833.64 Please use this form when requesting remission of this civil penalty. You must also complete the Request,For Remission Waiver crfRi, ht to on Administrative ffcar'rr ,> aac.t��'tf nlctiori c7 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.l(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 tlhec:iyil_penalty assessment factors in N.C.G.S. l 13B-28?.1(b)were wrongfullya applied to the detriment of the petitioner ('t/h assessment factors are listed in the civil penalty assessment document); (..b) the violator promptly abated continuing, e,nviror p ental damage resulting from the violation (Le„ explain the steps that you took to correct the violation and prevent ,lecture occurrences); (c) the violation was inadvertent or a result of an_acr ident(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 iu v previous violations: (e) payment of the civil enalty Will prevent payment for the remaining necessary remedial actions (r ee., explain how payment of the civil penalty will prevent you„frorrr performing the activities necessary to achieve compliance), EXPLANATION: (use additional pages as necessary) • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 11/04/08 Page: 7 of 23 Permit: % • '• • •' MRs Betweent_,•7:2008 ;and 7-2008.- ,=Regio • n:Mooresville Violation Category:Limit Violation =Program Category:%o 'Facility Name: % -'- Param Name:% County:% f' , , . Subbasin_% , -Violation Action: %- Major Minor: •Y ,i - , M PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation [-X—,cX�12) — CAL J MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED qC REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE _ LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 07-2008 001 Effluent BOD,5-Day(20 Deg.C) 07/05/08 3 X week mg/I 45 67.5 SO Weekly Average Exceeded None q .5, 07-2008 001 Effluent BOD,5-Day(20 Deg.C) 07/12/08 3 X week mg/I 45 91 ia -•.-Weekly Average Exceeded None AV. -3 07-2008 001 Effluent BOO,5-Day(20 Deg.C) 07/26/08 3 X week mg/I 45 70.5 Cis, Weekly Average Exceeded None 2i -ij 07-2008 001 Effluent BOD,5-Day(20 Deg.C) 07/31/08 3 X week mg/I 30 62.08 )rj(:.A Monthly Average Exceeded Norm I/ 15 07-2008 001 Effluent Solids,Total Suspended 07/26/08 3 X week mg/i 45 59.33 "j‘'C.& Weekly Average Exceeded None dtea :-, 07-2008 001 Effluent Solids,Total Suspended 07/31/08 3 X week mg/I 30 36.31• .y_\.` Monthly Average Exceeded None' `, i a erA PERMIT:NC0071447 FACILITY: The Diocese of Charlotte-Catholic Conference Center COUNTY:Catawba REGION: Mooresville . eit-.2-WWTP • Limit Violation t� n "f r - -- ' C L C-c_cpriLAct,,Co tL i � (2., MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 07-2008 001 Effluent Chlorine,Total Residual 07/08/08 2 X week ugh 28 37 Daily Maximum Exceeded None 07-2008 001 Effluent Chlorine,Total Residual 07/10/08 2 X week ugh 28 29 Daily Maximum Exceeded None 07-2008 001 Effluent Chlorine,Total Residual 07/21/08 2 X week ug/l 28 32 Daily Maximum Exceeded None 07-2008 001 Effluent Chlorine,Total Residual 07/29/08 2 X week ugh 28 37 Daily Maximum Exceeded None 07-2008 001 Effluent Chlorine,Total Residual 07/31/08 2 X week ugh 28 29 Daily Maximum Exceeded None NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0418 Permit Number: NC0039594 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The Maiden 1NWTP effluent BOD weekly average concentration was 67.5 mglL, 91.0 mg/L, and 70.5 mg/L for the weeks ending July 5th, 12th, and 26th respectively, which exceeded the permit limit of 45.0 mg/L. The TSS weekly average concentration was 59.3 mg/L for the week ending July 26th, which exceeded the permit limit of 45.0 mg/L. The Maiden WWTP BOD monthly average concentration of 62.1 mg/L exceeded the permit limit of 30.0 mg/L for the month of July 2008. The TSS monthly average concentration of 36.3 mg/L exceeded the permit limit of 30.0 mg/L for the month of July 2008. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 50.0% to 102.2% during the month whereas the TSS weekly average permit limit was exceeded by 31.9% during the month of July 2008. The BOD monthly average permit limit was exceeded by 106.9% whereas the TSS monthly average permit limit was exceeded by 21.0%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as neither BOD nor TSS concentrations were taken in-stream. BOD is treated as an in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. The dissolved oxygen concentrations taken in stream were slightly reduced at the downstream monitoring location in July 2008. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Town is in the process of upgrading the wastewater treatment facilities at the Maiden WWTP and has discovered that an industrial user is contributing elevated loading to the plant due to the lack of an adequate pretreatment program. The Town has taken steps to remove the discharger from the WWTP influent to allow better treatment before the upgrades are completed. The Maiden WWTP returned to compliance with their permit limits in August 2008 due to the removal of this industrial discharger from the collection system. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 12 other CPAs against the Town of Maiden WWTP during the life of the permit with seven CPAs having been issued in the past twelve months as detailed below, Case Number Description LV-20080379 $4,146.14 LV for BOD and TSS Penalty was paid in full IN-2008-0343 $4,146.14 LV for BOO and TSS Penal was paid in full, LV-2008-0273 $3,206,20 LV for BOO, TSS, and pH. Penalty was aid in full. LV-2008-0233 $1 956,20 LV for BOO and TSS. Penal was paid in full, IN-2008-0189 $1,081,20 LV for BOO. Penalty was paid in full. L-V-2008-0149 $1 081,20 LV for BOD and RI-1.?enalty was paid in full. ,LV-2008-0094 $831.20 LV for BOO. Penaq,was paid in full, 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $83.64 // /z 4 / ex.), / /, - Date RO Supervisor Division of Water Quality r I ## A A Town of Maiden Revised A To C No, 039594A0 I Issued August 24,2007 r DWQ c: Water urfa Engineer's Certification ftilcitatil S. APhe ,as a duly registered Professionul Engineer in the State of North Carolina,having been authorized to observe r(Wien ) the construction of the modifications and improvements to the Town oTM&den WWTP,located on Pinger Street in Catawba County for the Town of Maiden, hereby state that, to the best of my abilities,due care and diligence was used in the observation of the following construction: Conversion of the existing treatment modules to aerated sludge holding basins including two(2)856 SCFM blowers and construction of a new sequencing batch reactor system consisting of two(2)76-foot diameter sequencing batch reactor tanks,a 56-foot post-equalization basin,and a 37-foot x 24-foot chlorination and dechlorination contact basin complete with chemical feed systems, pumps, aerators,piping,site work, vaults, meters,electrical and controls, and other appurtenances as necessary to provide a complete treatment system in conformity with the project plans, specifications,and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources. I certify that the construction of the above referenced project was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature gelic Registration No. a 73 q Date. 10 20 08 00'41°Vt.GA ROO%fr., 4LN, r•r .5.. Send to: Construction Grants & Loans 41 tro4dtSS/04,4%.44, DFINR/DWQ SEAL . 1633 Mail Service Center 27394 Raleigh, NC 27699-1633 eiV CEIVED OCT 2008 •ftS1AUflONG. & LOAN KORN /'S nt. Michael F Easley,Governor „ William U Ross Jr„: Worth Carolina Department of Environment and Natured Resources P -c Coleen H.Sullins,Director Division of Water Quality October 27, 2008 WILLIAM HERMS TOWN MANAGER W w �o TOWN OF MAIDEN < PO BOX 125 MAIDEN NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Maiden WWTP t t Permit Number.NC0039594 Case Number: LV-2008-0379 Catawba County Dear Mr. Hems: This letter is to acknowledge receipt of check number 061655 in the amount of$4,146.14 received from you dated October 23, 2008. This payment satisfies in full the above civil. assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone(919)807-6300 Location N prthCartAiota 1617 Mail Service('enter Fax (919)$t?7-6492 512 N.Salisbury St. 4/Vat/aaI/ Raleigh,NC 27699-1617 Raleigh,NC 276(14 Internet: +www.ncwaterquality°.erg Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper \sF W A r�,pQ Michael F.Easley,Govem4k / William G.Ross Jr.,Secretary J . North Carolina Department of Environment and Natural Resources Coleen H.Sullins,Director Division of Water Quality October 14, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0769 RETURN RECEIPT REQUESTED Mr. William Herms, Town Manager PO Box 125 Maiden,North Carolina 28650 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. NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0379 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,146.14 ($4,062.50 civil penalty+$83.64 enforcement costs) against the Town of Maiden. 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 be in violation of the discharge limitations found in NPDES Permit No.NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: ATANloYth Caro�na NCDENR ,Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: w vw.ncwaternualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Pest Consumer Paper S 1,250.00 For 4 of the four (4) violations of G.S. 143- 21.5.1(a)(6) arid NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BUI). ,„ 937.50 For 3 of the four(4) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in, violation of the permit weekly average effluent limit. for TSS. 937.50 For 1 of the one (1) violation of G.S. 143- - 215.1(a)(6) and NPDES Permit No. NC0039594,'by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BUD. $ 937.50 For 1 of the one (1) violation of G.S. 143- .„. 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent • limit for total suspended solids. S_ .4,062.50 TOTAL MIL PENALTY 8164 Enforcement costs,. $ 4,146.14 TOTAL AMOUNT DUE Pursuant to G.S„ 143-21.5.6A(c), in determining the amount of the penalty I have taken into account the 'Findings of Fact and Conclusions of Law and the factors set forth at G..S. :143B- 282.1.(b)„ which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice; you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for _ such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the - penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 Iisted 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/Eriforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office 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, Genial.Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. /000.0, (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor wl attachments Compliance/Enforcement File w/attachments Central Files wl attachments rb/ma ATTACHMENT A CASE NO. IN-2008-0379 Outfall Date Parameter Reported Value Permit Limit 001 6/7/08 BOD 148.0 mg/L* 45.0.mg/L: (Weekly average) 001. 611.4/08 BOD 156.5 mg/L* 45.0 mg/L (Weekly average) 001 6/21/08 POD 71.0 mg/L* 45.0 mg/L (Weekly average), 001 6/28/08 BOD 175.0'mg/L* 45.0 mg/L (Weekly average) 001 6/7/08 TSS 53.7 mg/L 45.0 mg/L (Weekly average) 001 6/14/08 TSS 94.3 mg/L* 45.0 mg/L (Weekly average) 001 6/21/08 TSS 69.3 mg/L* 45.0 mg/L (Weekly average) 001 6/28/08 TSS 84.7 mg/L* 45.0 mg/L (Weekly average) 001 6/30108 BOD 130.0 mg/L* 30.0 mg/L (Monthly average) 001 6/30/08 TSS 72.3 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment r.r STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF.CATAWBA IN THE MA•1TER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO.NC0039594 ) FILE NO. LV-2008-0379 Having been assessed civil.penalties totaling$4,146.14 for violation(s) as set forth in the assessment document of the Division of Water Quality dated October 14,2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the • assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ,2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0379 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $4,146.14 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to,consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) 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(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0379 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The Maiden WWTP effluent BOD weekly average concentration was 148.0 mg/L, 156.5 mg/L, 71.0 mg/L, and 175.0 mg/L for the weeks ending June 7th, 14th, 21st, and 28th respectively, which exceeded the permit limit of 45.0 mg/L. The TSS weekly average concentration was 53.7 mg/L, 94.3 mg/L, 69.3 mg/L, and 84.7 mg/L for the weeks ending June 7th, 14th, 21st, and 28th respectively, which exceeded the permit limit of 45.0 mg/L. The Maiden WWTP BOD monthly average concentration of 129.7 mg/L exceeded the permit limit of 30.0 mg/L for the month of June 2008. The TSS monthly average concentration of 72.3 mg/L exceeded the permit limit of 30.0 mg/L for the month of June 2008. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 57.8% to 288.9% during the month whereas the TSS weekly average permit limit was exceeded by 19.3% to 109.6% . during the month of June 2008. The BOD monthly average permit limit was exceeded by 333.2% during the month of May 2008 whereas the TSS monthly average permit limit was exceeded by 141.0%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as neither BOD nor TSS concentrations were taken in-stream. BOD is treated as an in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. The dissolved oxygen concentrations taken in stream were slightly reduced at the downstream monitoring location in June 2008. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally;. The Town is in the process of upgrading the wastewater treatment facilities at the Maiden WWTP and has discovered that an industrial user is contributing elevated loading to the plant due to the lack of an adequate pretreatment program. The Town has taken steps to remove the discharger from the WWTP influent to allow better treatment before the upgrades are completed. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental. Management Commission has regulatory authority;. and There have been 11 other CPAs against the Town of Maiden WWTP during the life of the permit with six CPAs having been issued in the past twelve months as detailed below. Case Number Description L 2008-9343 $4,14. 1 . . V- 6�14 LV for BOD and TSS. Penali was 'aid in full. .._.. �� LV-20©8 J233 E $1,956.2© LV for BOD and TSSIT Penalty paid in full. LV-2008-0273pPenalty was paid in full. _ .__. was Bull_ an ..� LV-2008-0189 $1,081.20 LV for BOD Penalty was paid in full. LV-2008-0149 i $1,081.20 LV for SOD and pH. Penalty was paid in full. 7 LV-2008-O094 1 $8311.20 LV for BOD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $83.64 / V,7 /0 / /2. r Date RC) Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 10106/06 Page: 6 of 27 ;,}, .4.. -1 • -• •i'`, r' t' `5.i:- -: :`�" ..., �+'.L 6.* t,•1. :":: n.�r"7-Ii "L:e- q •"''.��.-$.'..�5 m= G` "'-'.`:4 '?,.-_1..,7-'.1"-PI tis '•kv.�.r.. '` , .Permit: %, 4 4 = "MRs Between i,-,6-2008"a and 6,7 . 0';fRegion;:M ores�ille a_ �iVplatian Category:LimitViolaliori;-- Program Category NPDES WW= it R- .M'1 y.,; +�'- • .L -rA•'i� �i C x '! a�3l3 J 1`.t.ay`3 il- ��•.�:-,_ ( �7 :, :-Facility�Name:'% .i' `i .;`P 6 ti % 17 r "1, tic, y r ;``,,I )� s i o L'r,: r.;' i o c _ ;-' � _}, ,,.� r aram iVame.%_ � L, r County�la,� z„ �' s 5ubbas n � ,. �Vblahon�Aci+on /o � ,�°, „r. , • �e;7 r.i1',' 'i, :: rt. S i ' .s, '' i ,- s�q. ,r=r •'1. �i,i'1 - _ -1L':.i .fr- r•=,- r S.• n•:_ '• L L•, '.. 1 I. M :or r.apl '� fey _ -} ✓, ,f t k r t ti"1a 1 ��� �?�' .,�� -a '�J; 0L!` �51- F.'r c t, .3.. .s r�. at r•MIrio .� y yt 4 .3 } �: }y.�,q e{ xV-- ill .: 01- fn )l` ,;%r 1L-h f:•- re-L_• - Li zP '` S {� 4. _' ,L .-L. -k... .y;3.,-. ....'<.,�. ... �:.L:L::.,' r�ti:.._ .--��L,:.6 :r �.-:.Y�.` :t�:.w....:..a F. 4' r - ,� , [ ,� .,. L-'-_ 1 '"`...- •,.. a.: �:cC� LM wtih..'�k`.L[swlwa-w.v -c:'G..i..3i �wlidcAS�+.lctl : .-.L..rt`. .,�.= Lter... ��.R .�,::1-.�• PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation —• — o 9 • MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED 0I0 REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE •2 VIOLATION TYPE VIOLATION ACTION 06-2408 001 Effluent BOD,5-Day(20 Deg.C) 06/07108 3 X week mg/I 45 148'"7 Weekly Average Exceeded None Ai 2, Gc., / b 06-2008 001 Effluent BOD,5-Day(20 Deg.C) 06/14108 3 X week mg/l 45✓` 156.5'�• •Weekly Average Exceeded None _'2.3 46-2008 001 Effluent SOD,5-Day(20 Deg.C) 06/21/08 3 X week mgll 45 71�/6) Weekly Average Exceeded None 05-2008 001 Effluent BOO,5 Day(20 Deg.C) 06/28/06 3 X week mgll 45 175+ 2 Weekly Average Exceeded None \-1 06-2008 001 Effluent BOD,5-Day(20 Deg.C) 06/30/08 3 X week mg/130+� 129.96 Monthly Average Exceeded None +1$ }- 06-2008 001 Effluent Solids,Total Suspended 06/07/08 3 X week mgll 45 " 53.67 •0c�Weekly Average Exceeded None 0 Q '— 06-2008 001 Effluent Solids,Total Suspended 06/14/08 3 X week mg/I 45✓ 94.33 \ Weekly Average Exceeded None t,R._5j 06-2008 001 Effluent Solids,Total Suspended 06/21/08 3 X week mgA J � 45 69.33 • Weekly Average Exceeded None 06-2008 001 Effluent Solids,Total Suspended 06/28/08 3 X week mg/I 45 84.67 Weekly Average Exceeded None 06-2008 001 Effluent Solids,Total Suspended 06/30/08 3 X week mg/I 30 ✓ 72.31 '\ MonthlyExceeded None 9 � Average 9 � �(�-� , p- - ca -� = 1 av, ,o(c �a v._ Ld 4 aao k. t. = �t -3 t K2-). [=94- U,.);Ik ii -len 1-kc'ENIS ,,r �.. n Q Michael F.Easley,Governor CO 7 William G Ross Jr..Secretary North Carolina Department of Environment and Natural Resources Colecn H.Sullins,Director Division of Water Quality September 26, 2008 WENDY VANOVER TOWN OF MAIDEN a PO I30X 125 MAIDEN NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Maiden WWTP Permit Number: NC0039594 Case Number: LV-2008-0343 D'i - Ur$Qc,e Water Pro ctlon. Catawba County Dear Ms. Vanover: This letter is to acknowledge receipt of check number 061437 in the amount of$4,146.14 received from you dated. September 15, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-807-6398. Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone(919)007-6300 Location TeOne i`hCaue3 inn 1617 Mail Service Center Fax (919) 7-492 51.2 N.Salisbury St. aturaI lj Raleigh.NC 27699-1617 Raleigh,NC 27604 Internet: wWwv new to trality 1g Customer Service 1-877-623-674$ An Equal rtaiy/AttirrnabVe Action Employer-50%liecyctedi10%Post Consumer Paper William G.Ross Jr.,Secretary >22 . North Carolina Department of Environment and Natural Resources Coleen It Sullins,Director Division of Water Quality September 10, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0400 RETURN RECEIPT REQUESTED Ms. Wendy Vanover, Interim Town Manager PO Box 125 Maiden,North Carolina 28650 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. NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0343 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $4,146.14 ($4,062.50 civil penalty+$83.64 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for May 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this Ietter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No. NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: A & ND"DitlICarolina NCDENR Jvatrrrrr!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Acton Employer—50%Recycledll0%Post Consumer Paper 1,562.50 For 5 ..__of the five (5) violations of U.S. :143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 625,00 For 2 of the four(4) violations of C.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in, violation of the permit weekly average effluent limit for TSS. 937,50 For _ 1 ofthe one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No, NC0039594, by. discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD, 937.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by. discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. 4,062.50 TOTAL CIVIL PENALTY . „ Enforcement costs. 4,146.14 TOTAL AMOUNT DUE Pursuant to G.S. I 43-215,6A(e), 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. 14313- 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 priNtate 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.rn. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition 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 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 Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 11 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional. Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ' 11. ATTACHMENT A CASE NO. LV-2008-0273 Outfall Date Parameter Reported Value Permit Limit 001. 5/3/08 BOD 99.3 mg/L* 45.0 mg/L (Weekly average), 001 5/10/08 BOD 97.3 mg/L* 45.0 mg./1., (Weekly average) 001 5/1.7/08 BOD 87.7 mg/L* 45.0 mg/L (Weekly average) 001 5/24/08 BOD 84..0 mg/L* 45.0 mg/L (Weekly average) 001 5/31/08 BOD 147.7 mg/L* 45.0 mg/L (Weekly average) 001 5/10/08 TSS 47.9 mg/L 45.0 mg/L (Weekly average) 001 5/17/08 TSS 102,7 mg/L* 45.0 mg/L (Weekly average) 001 5/24/08 TSS 73.3 mg/L* 45.0 mg/L (Weekly average) 001 5/31/08 TSS 52,0 mg/L 45.0 mg/L(Weekly average) 001 5/31/08 BOD 101.9 mg/L* 30.0 mg/L (Monthly average) 001 5/31/08 TSS 64.0 mg/L* 30.0 mg/L (Monthly average) * Denotes civil penalty assessment vs STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO.NC0039594 ) FILE NO. LV-2008-0343 Having been assessed civil penalties totaling $4,146.14 for violation(s) as set forth in the assessment document of the Division of Water Quality dated September 10, 2008,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: 1N-2008-0343 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $4,146.14 Please use this form when requesting remission of this civil penalty. You must also complete the "Re uest For Retnission Waiver o Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1 b were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (h) the violator rom fly abated continuin I environmental dama/e resultin from the violation (i.e.. explain the steps that you took .0 correct the violation and prevent Attire occurrences); (c) the violation was inadvertent or a result of an accident(ie., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil enalties for an reyious violations; (e) a Thent of the civil malt will remit a ment for the remainin „necessa remedial actions (i.e., explain how payment of the civil penalty will prevent youfromperforming the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) MONITORING REPORT(MR)VIOLATIONS for: Report Date: 09/03/08 Page: 4 of 25 Permit: % Ms Between: :5-2008 and 5-2008 Region:Mooresville, Violation Category:Limit Violation Program Category:NPDES 1M111 ; FaGlity Name: % Param Name:% : County.°lo Subbasin: % Violation Action: % Major Minor. °�° PERMIT: NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation - MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED _57'" REPORT PPI LOCATION PARAMETER, DATE FREQUENCY MEASURE OMIT VALUE VIOLATION TYPE VIOLATION.ACTION 05-2008 001 Effluent BOD,5-Day(20 Deg.C) 05/03/08 3 X week mg/I 45 l'' 6/99,33 1 ''.Weekly Average Exceeded None V . L -jf.� 05 -2008 001 Effluent BCD,5-Day(20 Deg.C) 05/10/08 3 X week mg/I 45V /97 33 i162-3 Weekly Average Exceeded None *'. 27i ,G 05-2008 001 Effluent BOO,5-Day(20 Deg.C) 05/17/08 3 X week mg/I 4 /87.67 6t4 ..=>Weekly Average Exceeded None 4; . r• - '' 05-2008 001 Effluent DOD,5-Day(20 Deg,C) 05/24/08 3 X week rug/1 45./ V/84 ` '' Weekly Average Exceeded None '' , 1'-' CC.-'' ) 05-2008 001 Effluent DOD,5-Day(20 Deg.C) 05/31/08 3 X week (rig/I 30 V 101.86) Monthly Average Exceeded None o ci 3-4--)`"'� 05-2008 001 Effluent BOO,5-Day(20 Deg.C) 05/31/08 3 X week mg/I 45�` 11.47,67 �' Weekly Average Exceeded None " % r, I T' 05-2008 001 �� Effluent Solids,Total Suspended 05/10/08 3 X week mg/I 45�./ i/ 47.9 Co.`} Weekly Average Exceeded None At' C) 05-2008 001 Effluent Solids„Total Suspended 05/17/08 3 Xweek mg/I 45./ 10102.67 117.�-A Weekly Average Exceeded None IV ' -)0.,,.L �7D 05-2008 001 Effluent Solids,Total Suspended 05./24/08 3 X week mg/I 45✓ 73,33 Ga-J•M 'eekly Average Exceeded None 4; t -' : - '05-2008 001 Effluent Solids,Total Suspended 05/31/08 3 X week mg/I 30✓ 63.98 ll . Monthly Average Exceeded None 4'412}'�`-' 05-2008 001 Effluent Solids,Total Suspended 05/31/08 3 X week mg/1 45 r/52 t5. Weekly Average Exceeded None 11;0 '•-- 1 = ( 3 ;R,:"h . ►�-4 C'0 pr.► 5.; --, , , i L, .s-•I ; u. -lr 1• - ' 0 6 7. PERMIT: NC0040737,,n FACILITY: City o,f.H ckory-Henry Fork WWTP COUNTY:Catawba --` REGION: Mooresville i , [i Limit Violation MONITORING©UTI ALt/ VIOLATII3N, UNIT OFCALCULATED Tom, REPORT PPI 'EC,/CA1ION PA,RAME'Ir'e„t2 DATC \RREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE� VIOLATION ACTION ' t. 05-2008 001 Eftlbe,,pt pl-I .�"° fl5/14/08 5X ®ek su 6 5.9 Daily Minimur NotReached-..` None NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0343 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The Maiden WWTP effluent BOD weekly average concentration was 99.3 mg/L, 97.3 mg/L, 87.7 mg/L, 84.0 mg/L, and 147.7 mg/L for the weeks ending May 3rd, 10th, 17th, 24th, and 31 st respectively, which exceeded the permit limit of 45.0 mg/L. The TSS weekly average concentration was 47.9 mglL, 102.7 mg/L, 73.3 mg/L, and 52.0 mg/L for the weeks ending May 10th, 17th, 24th, and 31st, which exceeded the permit limit of 45.0 mg/L. The Maiden WWTP BOD monthly average concentration of 101.9 mg/L exceeded the permit limit of 30.0 mg/L for the month of May 2008. The TSS monthly average concentration of 64.0 mg/L exceeded the permit limit of 30.0 mg/L for the month of May 2008. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 86.7% to 228.1% during the month whereas the TSS weekly average permit limit was exceeded by 6.4% to 128.1% during the month of May 2008. The BOD monthly average permit limit was exceeded by 239.5% during the month of May 2008 whereas the TSS monthly average permit limit was exceeded by 113.3%. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown as neither BOD nor TSS concentrations were taken in-stream. BOD is treated as an in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. The dissolved oxygen concentrations taken in stream were reduced at the downstream monitoring location for the second-half of May 2008. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Town is in the process of upgrading the wastewater treatment facilities at the Maiden WWTP and has discovered that an industrial user is contributing elevated loading to the plant due to the lack of an adequate pretreatment program. The Town has taken steps to remove the discharger from the WWTP influent to allow better treatment before the upgrades are completed. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been ten other CPAs against the Town of Maiden WWTP during the life of the permit with five CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2008-0273 $3,206,20 LV for BOD, TSS, and pH Penalty was paid in full. LV-2008-0233 $1,956.20 LV for BOD and TSS. Penalty was paid in full. LV-2008-0189 $1,081.20 LV for BOD. Penalty was paid in full. LV-2008-0149 $1,081 20 LV for BOD and H. Penalty was paid in full. LV-2008-0094 $831.20 LV for BOD, Penalty was aid in full. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $83.64 , ----' / ,-- , ? / /Or .-" //.,,, ,(( Date ' RO Supervisor Division of Water Quality VD-La Ja\�g6 S'qr, cc FS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY �m Yz REGION 4 ` ' Q ATLANTA FEDERAL CENTER Z� 61 FORSYTH STREET �rqc PHoz o{ ATLANTA, GEORGIA 30303-8960 t CERTIFIED MAIL 7008 1140 0002 7576 5357 ECE !l RETURN RECEIPT REQUESTED \D _ \ Ms. Coleen. Sullins sEp " ' Director, Division of Water Quality North Carolina Department of Environment and Natural Resources RE 1617 Mail Service Center :rev Raleigh, North. Carolina 27699-1617 a� f Re: Notice of Violation No. 309-2008-1.7 NPDES Permit No. NC0039594 Town of Maiden Public Works Department s + DENR MI + DWQ-Surface Water Protection Dear Ms. Sullins: Pursuant to Section 309(a)(1) of the Clean Water Act, 33 U.S.C. § 1319(a)(1), the United States Environmental Protection Agency (EPA) has determined that the Town of Maiden Public Works Department (the "Town") is in violation of its National Pollutant Discharge Elimination System ("NPDES") Permit No. NC0039594 for the Maiden. Wastewater Treatment Plant. The Town has been in noncompliance for violations of the following effluent limitations and permit requirements including, but not limited to Biochemical Oxygen Demand: weekly and monthly averages; Total Suspended Solids: weekly and monthly averages; Fecal Colifor.nr: weekly geometric mean; and pH: daily maximum. EPA is simultaneously notifying the Town of these findings through the issuance of a Notice of Violation (NOV). A copy of the NOV to the Town is enclosed for your convenience and record. If the State commences appropriate action within thirty (30) days of receipt of this letter to assure that the Town achieves expeditious compliance with its NPDES permit, additional. EPA involvement may not be required. However, if the State does not take such action, EPA may then take the necessary steps to require the Town to come into compliance. Please advise EPA within fifteen (15) days of receipt of this letter, of the action(s) you plan to take in this matter to ensure that the Town achieves expeditious compliance with its NPDES permit requirements. If a formal enforcement action is taken, please provide a copy of the applicable documents for our records. c\yj Internet Address(UAL) Rtttp:/Jwww.epa.gov Recycled/Recyclable•Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 30%Pustconsumer) If you have questions regarding this notice, please feel free to contact Ms. Laurie Savoy at (404) 562-9201. Sincerely, James D. Giattina Director Water Management Division Enclosure ,toEagrk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 Q ATLANTA FEDERAL CENTER • 1:*F \oa 61 FORSYTH STREET �r4(PAc0-6s ATLANTA, GEORGIA 30303-8960 CERTIFIED MAIL 7008 1140 0002 7576SEP 5364�. 8 RETURN RECEIPT REQUESTED Mr. Randy Smith Wastewater Treatment Plant Superintendent Town of Maiden Public Works Department 113 West Main Street Maiden, North Carolina 28950 Re:Notice of Violation No. 309-2008-17 NPDES Permit No. NC0039594 Town of Maiden Public Works Department Dear Mr. Smith: Pursuant to Section 309(a)(1) of the Clean Water Act (CWA), 33 U.S.C. § 1319(a)(1), the United States Environmental Protection Agency (EPA) hereby notifies the Town of Maiden Public Works Department (the"Town") that it has violated its National Pollutant Discharge Elimination System (NPDES) Permit No. NC0039594 for the Maiden Wastewater Treatment Plant. Specifically, the Town has violated the NPDES Permit's effluent limitations for the following parameters during the following time periods: Biochemical Oxygen Demand: monthly Biochemical Oxygen Demand: weekly average average 7/3/2006 7/3/2006 4/3/2007 4/30/2007 4/30/2007 5/29/2007 5/29/2007 12/31/2007 7/3/2007 1/29/2008 12/31/2007 6/30/2008 1/29/2008 3/26/2008 6/30/2008 5/5/2008 3/26/2008 6/4/2008 5/5/2008 7/3/2008 6/4/2008 7/3/2008 Total Suspended Solids: monthly average Total Suspended Solids: weekly average 4/30/2007 7/3/2006 6/30/2008 4/30/2007 5/5/2008 6/30/2008 6/4/2008 6/4/2008 7/3/2008 7/3/2008 Internet Address(URL) http://www.epa.gov Recycled/Recyclable.Printed with Vegetable 01 Based Inks on Recycled Paper(Minimum 30%Postconsumer) H: dail maximum Fecal Coliform: weekly geometric mean 4/30/2007 4/30/2007 1/29/2008 5/5/2008 6/4/2008 EPA requests, pursuant to Section 308 of the CWA, 33 U.S.C. § 1318, that the Town provide a written explanation of the reasons for each of the aforementioned violations and provide a summary of actions taken or planned by the Town to correct the problems and to prevent future violations. In instances where the actions are planned, please include a schedule for completing the actions. The Town must submit this information within thirty (30) days of receipt of this correspondence. The submittal must be addressed to: Laurie Savoy Gulf Enforcement Section Water Programs Enforcement Branch United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 The State of North Carolina is being concurrently notified of these findings. EPA is coordinating with the State to ensure that timely and appropriate enforcement action is taken and compliance with the conditions of the NPDES Permit is achieved. If these violations are not resolved in a timely or appropriate manner, EPA may take enforcement action which may include issuance of an administrative order, assessment of administrative penalties, or initiation of a civil judicial action pursuant to Section 309 of the CWA, 33 U.S.C. § 1319. Also enclosed is a document entitled U.S. EPA Small Business Resources-Information Sheet which may assist you in understanding the compliance assistance resources and tools available to the Town. However, any decision to seek compliance assistance at this time does not relieve the Town of its obligations to EPA or the State, does not create any new rights or defenses, and will not affect EPA's decision to pursue enforcement action. In addition, the Securities and Exchange Commission (SEC) requires its registrants to periodically disclose environmental legal proceedings in statements filed with the SEC. To assist you, EPA has also enclosed a document entitled Notice of Securities and Exchange Commission Registrants'Duty to Disclose Environmental Legal Proceedings. 2 If you have questions regarding this notice d information request,please feel free to contact Ms. Latirie Savoy at 0 562.9201. Sincerely, James . iattitta Director Water Management Division Enclosures cc: . Colleen Sullins Director,NCDENR ,2 5 0 5 0 For 4 of the four (4) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 0.00 For 1 _of the one (1) violation of G.S. 143- 215.1(a)(( ) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for -I:SS. 937.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit.month average effluent limit for BOD. 937.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. S 0.00 For 8 of the eight (8) violations of(IS. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation, of the permit daily minimum effluent limit for pH. 3,125.00 TOTAL CIVIL PENALTY 81.20 Enforcement costs. S 3,206,20 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; • , (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 veryimportant 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 Mai l Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(;30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts fili.ngs 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: I - u Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile:'(919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 14/4y e4F (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/ attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0273 Outfall Date Parameter Reported Value Permit Limit 001 4/5/08 BOD 82.7 mg/L* 45.0 mg/L (Weekly average) 001 4/12/08 BOD 88.0 mg/L* 45.0 mg/L (Weekly average) 001 4/19/08 BOD 88.7 mg/L* 45.0 mg/L (Weekly average) 001 4/26/08 BOD 106.0 mg/L* 45.0 mg/L (Weekly average) 001 4/5/08 TSS 48.7 mg/L 45.0 mg/L (Weekly average) 001 4/30/08 BOD 93.7 mg/L* 30.0 mg/L (Monthly average) 001 4/30/08 TSS 40.3 mg/L* 30.0 mg/L (Monthly average) 001 4/2/08 pH 5.9 SU 6.0 SU (Daily minimum) 001 4/3/08 pH 5.8 SU 6.0 SU (Daily minimum) 001 4/4/08 pH 5.7 SU 6.0 SU (Daily minimum) 001 4/7/08 pH 5.8 SU 6.0 SU (Daily minimum) 001 4/8/08 pH 5.9 SU 6.0 SU (Daily minimum) 001 4/10/08 pH 5.8 SU 6.0 SU (Daily minimum) 001 4/14/08 pH 5.7 SU 6.0 SU (Daily minimum) 001 4/17/08 pH 5.8 SU 6.0 SU (Daily minimum) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO.NC0039594 ) FILE NO. LV-2008-0273 Having been assessed civil penalties totaling $3,206.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated August 11, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY • ADDRESS • TELEPHONE JUSTIFICATION FOR REMISSION REOUE$T DWQ Case Number: IN-2008-027 3 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $3,206.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G,S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies, Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S 143B-282.](b)were re wrongfully applied to the detriment of the etitioncr (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(Le., 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) avrnent of the civil enatty will revent a °tni:nt for the rernainin necessary remedial actions (%.c„ explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance;). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0273 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The BOD weekly average concentration was 82.7 mg/L, 88.0 mglL, 88.7 mg/L, and 106.0 mglL for the weeks ending April 5th, 12th, 19th, and 26th respectively, which exceeded the permit limit of 45.0 mg/L. The TSS weekly average concentration was 48.7 mg/L for the week ending April 5, 2008, which exceeded the permit limit of 45.0 mg/L. The BOD monthly average concentration in the effluent of 93.7 mg/L exceeded the permit limit of 30.0 mg/L for the month of April 2008. The TSS monthly average concentration in the effluent of 40.3 mg/L exceeded the permit limit of 30.0 mg/L for the month of April 2008. The pH daily minimum concentration in the effluent was 5.9 Standard Units (SU), 5.8 SU, 5.7 SU, 5.8 SU, 5.9 SU, 5.8 SU, 5.7 SU, and 5.8 SU on April 2"d, 3`d, 4th, 7th, 8th, 10th, 14- , and 17th respectively which did not meet the permit minimum limit of 6.0 SU. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 83.7% to 135.6% during the month whereas the TSS weekly average permit limit was exceeded by 8.1% for the week ending April 5, 2008. The BOD monthly average permit limit was exceeded by 212.3% during the month whereas the TSS monthly average permit limit was exceeded by 34.4% during the month. The pH concentration is measured on an inverse logarithmic scale and unlike linear scales, which have a constant relationship between the item being measured and the value reported, each individual pH unit is a factor of 10 different than the next higher or lower unit. For the April pH values reported above the pH concentration of the effluent from the Maiden WVVTP was 1-fold to 3-fold lower(5.9 Su to 5.7 SU respectively) than the minimum pH required by the permit. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. Aquatic organisms are physiologically sensitive to acidification of surface waters both directly and indirectly (i.e., increased metals dissolution at lower pH). However, acid additions to surface waters do not have a direct correlation to the pH of the surface water due to the buffering capacity of the receiving stream. Therefore, the standard pH limits in NPDES permits are conservative (pH of 6.0 SU) to account for the lowered buffering of some surface waters and the natural additions of law pH water through acid deposition and precipitation. The exact buffering capacity of Clark Creek is unknown (receiving stream for the Maiden WWTP effluent). 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. The Town is in the process of upgrading the wastewater treatment facilities at the Maiden WWTP. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally, 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been nine other CPAs against the Town of Maiden WWTP during the life of the permit with six CPAs having been issued in the past twelve months as detailed below. Case Number Description 56.20 LV for BOD and . Penalty is within the response window. LV-2r368-©233 $1 9.__e_ �.._ TSS. 3a-day y LV-2008-0189 $1,081.20 LV for BOD. Penalty was paid in full . forBOD and pH. Penalty waspaid in full. LV-2008-0149 $1,081.26 LV LV-2008-0094 $831,20 LV for BOD. Penalty was paid in full.LM 2otJ'7-©o52 $2,583.89 LV for BOD, TSS, fecal coliform, and pH and MV for fecal coliform. Penal was aid in full. 89 LV for BOD. Penalty$333. was paid in full. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.20 'i /e9/ Date ✓ RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 08/04/08 Page: 3 of 16 Permit: %. MRs Between:' 4-2008 and 4-2008 Region:Mooresville • -Violation Category:Limit Violation Program Category:% Facility Name: % • Param Name:% County:% Subbasin:% Violation Action:% ,Major Minor: = , PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWrP COUNTY:Catawba REGION: Mooresville Limit Violation LV1 S-C '.3 Q`�?- • MONITORING OUTFALL/ _ VIOLATION UNIT OF CALCULATED ` REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE - VIOLATION TYPE VIOLATION ACTION 8 04-20D8 001 Effluent BOD,5-Day(20•Deg.C) 04/05/08 3 X week mg/1 45 \/2.67 9y•—Weekly Average Exceeded None k' '' D.•.) 04-2008 001 Effluent BOD,5-Day(20 Deg.C) 04/12/08 3 X week mg/I 45 188 ciCy-0 Weekly Average Exceeded None ''.Jta• 04-2008 001 Effluent BOO,5-Day(20 Deg.C) 04/19/08 3 X week mg/I 45 v 88.670`},OWeekly Average Exceeded None `151Q.- 04-2008 001 Effluent BOD.5-Day(20 Deg.C) 04/26/08 3 X week mg/I 45 tJ 106 i b5.tr.SWeekly Average Exceeded None rJ,a.-—�04-2008 001 Effluent • BOD,5-Day(20 Deg.C) 04/30/08 3 X week mg/I 30 93.690p.3 Monthly Average Exceeded None �3 "� 04-2008 001 Effluent Solids,Total Suspended 04/05/08 3 X week mg/I 45 48.67 �,.I Weekly Average Exceeded None 41 0 04-2008 001 Effluent , Solids,Total Suspended 04/30/08 3 X week mg 30 40.3354.4 Monthly Average Exceeded None sky ci -- 04-2008 001 Effluent pH 04/02/08 3 X week su 6 5.9 Daily Minimum Not Reached None 04-2008 001 Effluent pH 04/03108 3 X week su 6 5.8 Daily Minimum Not Reached None 04-2008 001 Effluent pH 04/04/08 3 X week su 6 5.7 Daily Minimum Not Reached None 04-2008 001 Effluent pH 04/07/08 3 X week su 6 5.8 Daily Minimum Not Reached None b 4t � 04-2008 001 Effluent pH 04/08/08 3 X week su 6 5.9 Daily Minimum Not Reached None ,;A,v J 04-2008 001 Effluent pH 04/10/08 3 X week su 6 5.8 Daily Minimum Not Reached None C�'� 04-2008 001 Effluent pH 04/14/08 3 X week su 6 5.7 Daily Minimum Not Reached None 04-2008 001 Effluent 1pH 04/17/08 3 X week su 6 5.8 Daily Minimum Not Reached No F 1-A-�� ~ o. o (�---v t Ai 1 4 cam ,`c)Q Pr►o-5 = fi l • 0 �`"... ---AyLie-r= l. DtE, [id= dicsokcl .aS~ 4 . tc .E © 7k-9p Michael.F.Easley,Governor 411. 0 William G Ross Jr.,Secretary • North Carolina DpartrneniofEnvironment.and Natural Resources "�o$e e_K_ Coicea HD Sullins,Director Division of water Quality August 27, 2008 WENDY VANOV ER ,mot, w TOWN OF MAIDEN PO BOX 125 'tot i t n MAIDEN NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Maiden WWTP n ; Permit Number: NC0039594 al ka t t P;'otection Case Number: LV-2008-0233 Catawba County Dear Ms. Vanover: This letter is to acknowledge receipt of check number 061245 in the amount of$1,956.20 received from you dated August 20, 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.L Sledge at 91.9-807-6398, Sincerely, Dina Sprinkle cc: Central Files DWQ Mooresville Regional Office Supervisor Mailing Address Phone(919)807-6300 Location Nt rt`thCare 'na 1617 Mad Service Center Fax (919)807-4 492 512 N.Salisbury St ,i tJlttualfiff Raleigh,NC 27699-161.7 Raleigh,NC 27604 Internet: Iso,w,ncwaterquality.or; Customer Service 1-577-623-67413 An Equal /Aliirrnative Action Employer-50%RecycledtlO%Post Consumer Paper off" .rQG ........... ...w...,,�,,,,...,, ""� William G.Ross 7r. Secret - North Carolina Department of Environment and Natural Resourc r Coleen H.Sullins,Director ` Division of Water Quality July 11, 2008 CERTIFIED MAIL 7007 1490 0004 4509 5904 RETURN RECEIPT REQUESTED Ms. Wendy Vanover, Interim Town Manager PO Box 125 Maiden,North Carolina 28650 • 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.NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0233 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,956.20 ($1,875.00 civil penalty+ $81.20 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for March 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No. NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against the Town of Maiden: NonrthCarolina NCDENR Mundy Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterquality.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledli0%Post Consumer Paper $ 937.50 For 3 of the five (5) violations of U.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for ROD. 937.50 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BO.D. 0.0 For 1 _of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. 1,875..00 TOTAL CIVIL PENALTY ,81.20 Enforcement costs. 1,956.20 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- `2 82.1(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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a..m. and. 5:00 p.m., except for official state '.holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,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 J 1601 Mail Service Center Raleigh,North Carolina 27699-;1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. �f U (toO� / V- (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0233 Outfall Pate Parameter Reported Value Permit Limit 001 3/1/08 BOD 52.8 mg/L 45.0 mg/L (Weekly average) 001 3/8/08 1301) 80.7 mg/L* 45.0 mg/IL (Weekly average) 001 3/15/08 BOD 50.8 mg/L 45.0 mg/L (Weekly average) 001 3/22/08 BOD 60.7 mg/L* 45.0 mg/L (Weekly average) 001 3/29/08 BOD 84.7 mg/L* 45.0 mg/L (Weekly average) 001 3/31/08 BOD 69.2 mg/L * 30.0 mg/L (Monthly average) 001 3/31/08 TSS 34.1 mg/L 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA • IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO. NC0039594 ) FILE NO. LV-2008-0233 Having been assessed civil penalties totaling$1 956.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 11, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ,2008 BY ADDRESS • TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0233 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: S1,956.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request .For.Remission Waiver of Right to an Administrative Hearing and StipulaE'zono Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil, penalty assessment document. Pursuant to N.C.G.S. § 1.43B-282.1(c)„remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the, factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.CS. 1438-282.fb....were wrongfully applied to the detriment of the etitioner (the assessment fixtors are listed in the civil penalty assessment document ; (b) the violator .yromptly abated continuing environmental damage resulting .it-ern the violation (Le_ explain the steps that you took to correct the violation and prevent liaure 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 fin); (d) the violator had not been assessed.civil,penalties for any previous violation,s; (e) payment_ of the civil penalty will prevent la-Inent for the remaining...necessary remedial actions i e explain how payment of civil penalty will prevent you from performing the activities necessary to achieve compliance,)- EXPLANATION: (use additional pages as necessary) I NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0233 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; The BOD weekly average concentration was 52.8 mg/L, 80.7 mglL, 50.8 mg/L, 60.7 mg/L, and 84.7 mg/L for the weeks ending March 1st, 8th 15th 22"d, and 29th respectively, which exceeded the permit limit of 45.0 mg/L. The BOD monthly average concentration in the effluent of 69.2 mg/L exceeded the permit limit of 30.0 mglL for the month of March 2008. The TSS monthly average concentration in the effluent of 34.1 mg/L exceeded the permit limit of 30.0 mg/L for the month of March 2008. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 13.0% to 88.2% during the month. The BOD monthly average permit limit was exceeded by 130.7% during the month. The TSS monthly average permit limit was exceeded by 13.8% during the month. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. Increased suspended solids (turbidity) can decrease the depth to which sunlight can penetrate and therefore reduce photosynthetic activity. In addition, it can interfere with the oxygen uptake in organisms such as fish. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. The Town is in the process of upgrading the wastewater treatment facilities at the Maiden WWTP. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally, 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been eight other CPAs against the Town of Maiden WWTP during the life of the permit with five CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2008-0189 $1,081,20 LV for BOD„ Penal is unpaid. LV-2008-0149 $1,081,20 LV for BOD and pH. Penalty is unpaid. LV-2008-0094 $831,20 LV for BOD, Penalty is unpaid, LM-2007 0052 $2,583,89 LV for BOD, TSS, fecal coliform, and pH and MV for fecal coliform, Penalt was aid in full. LV-2007-0498 $333,89 LV for BOD Penalty was paid in full, 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.20 tit(6)0Y R (5 Date RO Supervisor Division of Water Quality , — -.). MONITORING REPORT(MR)VIOLATIONS for: Report Date: 07/02/08 Page: 3 of 15 ..„ _ Permit: % .. '-- ' .. ..-.'", :....-•,c MRsBetZnreen;:,,...1:3-2008[;+ :;nd 3-2008 Region:,htipOr;iilef!1::.-,;7: ::;:.....,/Soll,;(iRri.;9_atepTct,Try:Limit Violation Program',..ate gOry..:N.pD]..iESWW: .. - Facility Name: %:„,:'..:. ; ,:.,.',.`' r: ,,-.,-:',.l'13ar-itri'tien :%.*!,:::::k.t .441g'•:.i.,: ...,C.::•::.'1V,iifi,f,:,g-:-CO'1,iniii%-...,'f i';;',...i..',q.!,,:ri.1 :f;'-' ,i':-.; ;.:-:,:,:.;!TP1.13001,,,,'%-'-;,: ;., .::;.E.:; ,0.''. .Vicilation Action: ::) ,:'..; .- --• ''f.; . ' i - . • ..'i,'„,ja,T.,',.:';', .,-' ...' ..t'-''...„-..`,,;:..;'• `.•-•'.'•':7:ii7A-4. :',A-:•!.,:;.:'1,';;,.'',..: .":.'.:Y.,•-•;;-..).,:,:...Z.' ,'V',-j,..;.;:,,-..;--:.'`;,','- t,::'.'-..,-*'-,.i.,':.',..,.! ' ''-..;• Major Minor: % '' '' '.,'. • .-:-.: .; . '- 4'''- "''."4.;,';'4.)";'..-,'-,rns.,,...-,',-;4-,:..':.,`,c'.'- ,-.1'-: ;'-.,.....;-..:1.-7&.1.!.-7';";,::,'":, ''. ' 01.-,-';'•:,'...--7 '-1.-•'..2 .:-', ;,. -.1•1- .-"1..--..-- ,' '-%:',--' '. ,--.- ' ',,.: ''I'-' ....,. ' -, .. . , PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY: Catawba REGION: Mooresville Limit Violation 1,...N _..at:;05,f-j-- OW32, MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED Cyo REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMITVIOLATION TYPE VIOLATION ACTION • VALUE ._.L..` -- 03-2008 • 001 Effluent BOD,5-Day(20 Deg.C) 03/01/08 3 X week mg/i 45 52.75 i4- • Weekly Average Exceeded None -iil 0 03-2008 001 Effluent BOD,5-Day(20 Deg.C) 03/08/08 3 X week mg/I 45 80.67°R.?) Weekly Average Exceeded None 't? - 03-2008 001 Effluent BOD,5-Day(20 Deg.C) 03/15/08 3 X week mg/i • 45 50.83 I3. Weekly Average Exceeded None 4 Q 03-2008 001 Effluent BOD,5-Day(20 Deg.C) 03/22/08 3 X week mg/i 45 60.67 34- 'Weekly Average Exceeded None 03-2008 001 • Effluent BOD,5-Day(20 Deg.C) 03/29/08 3 X week mg/I 45 84.67 tea aWeekly Average Exceeded None 03-2008 001 Effluent BOD,5-Day(20 Deg.C) 03/31/08 3 X week mg/i 30 69.21 1 2.O.6-41Monthly Average Exceeded None ' 03-2008 001 Effluent Solids,Total Suspended 03/31/08.. 3 X.week mg/i 30 34.14 IM) Monthly Average Exceeded None —4 0 „ . 03-2008 001 Effluent pFl 03/24/08 3 X week su 6 5.9 Daily Minimum Not Reached None ,, 03-2008 001 Effluent pH 03/26/08 3 X week su 6 5.8 Daily Minimum Not Reached None 10217)0z-r:>03-2008-2008 001 Effluent pH 03/27/08 3 X week su 6 5.9 Daily Minimum Not Reached None 03-2008 001 Effluent pH . 03/28/08 3 X week su 6 5.8 Daily Minimum Not Reached None - 03-2008 001 Effluent pH 03/31/08 3 X week su 6 5.7 Daily Minimum Not Reached None 1— i 01..0---.1-0, .A -------- 1 i 0 1_1k... Pc i ocs----- -r (.._.) • i ,--- ,---- ..kcclti 0.9-50 4,I . as- 9 3i. ... ,tr i , cics6 .,. a WA � ,p Michael F,Easley,Governor 0 William G Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 77.3 Coleen Fi Sullins,Director Division of Water Quality � July 25, 2008 WENDY VANOVER TOWN OF MAIDEN PO BOX 125 MAIDEN NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment(s) Maiden WWTP Permit Number: NC0039594 Case Number(s): 1,V-2008-0149 & a..V-2008-0 189 Catawba County Dear Ms. Vanover: This letter is to acknowledge receipt of payment in the amount of$2,162.40 received from you. dated July 10, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, • Dana Sprinkle cc: Central Files DWQ Mooresville Regional Office SupeMsor Itlaili Address Pone(919)8Q7.6300 Location Nt Carob 1617 Mail Service Center Fax (919)007.6492 512 N.Salisbury St Aaturalibrtk Raleigh,N.E.'27699-1617 Raleigh,NC 27604 Internet: .°ww.ues atrrttualit'';org Customer Service 1-877-623.6748 An Equal Opportunity/Affirmative Action Employer—50%Recytled/1016 Post Consumer Paper ezy'xl o�OF W TR AFQG Mic el F.Easley,Governor William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Q Coleen H.Sullins,Director Division of Water Quality April 28, 2008 CERTIFIED MAIL 7007 1490 0004 4505 7209 RETURN RECEIPT REQUESTED • • Ms. Wendy Vanover, Interim Town Manager " PO Box 125 Maiden,North Carolina 28650 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.NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0149 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,081.20 ($1,000.00 civil penalty+ $81.20 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for December 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I,Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: ®VA NorthCarolina NCDENR Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet www.ncwaterquatitv.orb 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal OpportuniitylAfllrmative Action Employer-50%Recycledll0%Post Consumer Paper S 0.00 For of the five (5) violations of G.S. 14.3- _ 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit daily minimum effluent limit for pH.. 250.00 For 1 of the four (4) violations of U.S. 143- 215.1(a)(6) and NPDES 'Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD, S 750.00 For 1 of the one (1) violation of(IS. 143- 215.1(a)(6) and NPDES Permit No. NC003.9594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 1,000.00 TOTAL CIVIL PENALTY 81 Enforcement costs. S 1,081,20 TOTAL AMOUNT DUE Pursuant to U.S. 143-215.6A.(c), in determining the amount of the penalty ! have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S, 143B- 282.1(b), which are: (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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 I 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 Oft. 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt ©f this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed —provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (91.9) 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 operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applyingfor a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. (//2.49APO ./24 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File wl attachments Central Files w/attachments rb/ma 11 ATTACHMENT A CASE NO. LV-2008-0149 Outfall Date Parameter Reported Value Permit Limit 001 12/15/07 pH 5.2 SU 6.0 SU (Daily minimum) 001 12/16/07 pH 5.6 SU 6.0 SU (Daily minimum) 001 12/22/07 pH 5.9 SU 6.0 SU (Daily minimum) 001 12/24/07 pH 5.9 SU 6,0 SU (Daily minimum) 001 12/30/07 pH 5.8 SU 6.0 SU (Daily minimum) 001 12/1/07 BOD 56.7 mg/L * 45.0 mg/L (Weekly average) 001 12/8/07 BOD 53.7 mg/L 45.0 mg/L (Weekly average) 001 12/15/07 BOD 48.5 mg/L 45.0 mg/L (Weekly average) 001 12/22/07 BOD 46.7 mg/L 45.0 mg/L (Weekly average) 001 12/31/07 BOD 46.7 mg/L * 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN . OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO. NC0039594 ) FILE NO. LV-2008-0149 Having been assessed civil penalties totaling $1,081.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated April 28,2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0149 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $1,081.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) 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(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0149 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; The pH concentration was 5.2 SU, 5.6 SU, 5.9 SU, 5.9 SU, and 5.8 SU on December 15th 16th, 22nd, 24th, and 30ih which did not meet the permit daily minimum limit of 6.0 SU. The BOO monthly average concentration in the effluent of 46.7 mg/L exceeded the permit limit of 30.0 mg/L for the month of December 2007. 2) The duration and gravity of theviolation; Due to the logarithmic nature of the pH scale the difference between each unit (i.e. 5.0 SU to 6.0 SU) is a tenfold-difference in H' concentration. Therefore, the lowest pH reported at 5.2 SU is almost 10 times lower than the permit limit of 6.0 SU. The BOD weekly average permit limit was exceeded by 5.9% to 25.9% for the four violations during the month. The BOD monthly average permit limit was exceeded by 55.8% during the month of December.. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. Aquatic organisms are physiologically sensitive to acidification of water and the effect of a [ow pH discharge will depend on the buffering capacity of the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally and the permittee asserts that the pH violations may be related to improper operation of the monitoring equipement used to collect the data. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 7 other CPAs against the Town of Maiden WWTP during the life of the permit with three CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2008-0094 $831.20 LV for BOD. Perra4 is repaid, _ LM 2a©7 ©©52 $2,583,89 LV for BOD, TSS, fecal coliform, and pH and MV for fecal coliform, Penalty was paid in full, LV-2007-0498 $333.89 LV for B©P. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.20 VA 8/i 005 Date Rn Supervisor Division of WaterQuality MONITORING REPORT(MR)VIOLATIONS for: Report Date: O4/07/0 Page: 3 of 14 Permit: % MRs Between: 12-2007 and 12-2007 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES W4Y Facility Name: % Param Name: % County;% Subbasin:% Violation Action: % Major Minor: % PERMIT:NC0039594 FACILITY: Town of Maiden=Maiden WWTP COUNTY:Catawba REGION; Mooresville Limit Violation 1,,.-v MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED,k r or REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE - — VIOLATION TYPE VIOLATION ACTION 12-2007 001 Effluent BOD,5-Day(20 Deg.C) 12/01/07 3 X week mg/1 /45 56.67 -'2 S Weekly Average Exceeded None —` ; ,C, 12-2007 001 Effluent BOD,5-Day(20 Deg.C) 12/08/07 3 X week mg/I ✓45 53.67 iu[.?+ Weekly Average Exceeded None C. 12-2007 001 Effluent BOD,5-Day(20 Deg.C) 12/15/07 3 X week mg/I ✓45 48.5a t'a Weekly Average Exceeded None —etF i 12-2007 001 Effluent BOD,5-Day(20 Deg.C) 12/22/07 3 X week mg/I '"'45 47.67 G`'"S Weekly Average Exceeded None f' 'G 12-2007 001 Effluent BOD,5-Day(20 Deg.C) 12/31/07 3 X week mg/I '✓30 46,73 7,.t, Monthly Average Exceeded None -` -' 12-2007 001 Effluent pH 12/15/07 3 X week su '6 5.2' Daily Minimum Not Reached None' 12-2007` 001 Effluent, pH 12/16/07 3 X week su `�6 5.6 Daily Minimum Not Reached None oil r)(VA"- . 12-2007 001 Effluent pH 12/22/07 3 X week su `�6 5 9 Daily Minimum Not Reached None (" 12-2007 001 Effluent pH 12/24/07 3 X week su 6 5.9 Daily Minimum Not Reached None o0 ��, � 12-2007 001 Effluent pH 12/30/07 3 X week su 6 5.8 Daily Minimum Not Reached Non '--- i D..t: PERMIT:NC0051918 FACILITY; Cleveland County Sanitary District-Cleveland County COUNTY:Cleveland REGION: Mooresville WTP Limit Violation MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE a/� 7 VIOLATION TYPE VIOLATION ACTION 12•-2007 002 Effluent Chlorine,Total Residual 12/26/07 Weekly ug/I 28 39 -Reti Daily Maximum Exceeded None I A rF Michael F.Easley,Governor O William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources • Coleen H.Sullins,Director Division of Water Quality '7. t' 774 rig!) July 25,2008 a: WENDY VANOVER TOWN OF MAIDEN PO BOX 125 MAIDEN NC 28650 1 il .r t SUBJECT: Payment Acknowledgment Civil Penalty Assessment(s) Maiden WWTP Permit Number: NC0039594 Case Number(s): LV-2008-0149 &LV-2008-0189 Catawba County Dear Ms.Vanover: This letter is to acknowledge receipt of payment in the amount of$2,162.40 received from you dated July 10, 2008. This payment satisfies in full the above civil assessment(s) levied against the subject facilities, and these cases have been closed. Payment of these penalties 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 Sledge at 919-807-6398. Sincerely, z/Lict„41.14:41.40d2„, Dina Sprinkle .cc: Central Files DWQ Mooresville Regional Office Supervisor . Mailing Address Phone(919)807-6300 Location N1e Cara rna • 1617 Mail Service Center Fax (919)807-6492 512 N.Salisbury St. oat1L1a/tdf Raleigh,NC 27699-1617 Raleigh,NC 27604 Internet: www.ncwateroualiry,org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper - r „,„6,u7:66 William G.Ross Jr. Secretary 124 North Carolina Department of Environment and Natural Resource [ Coleen li.Sullins,Director 4' "• Division of Water Quality May 28, 2008 CERTIFIED MAIL 7007 1490 0004 4509 5225 • RETURN RECEIPT REQUESTED • Ms. Wendy Vanover, Interim Town Manager PO Box 125 Maiden,North Carolina 28650 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. NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0189 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,081.20 ($1,000.00 civil penalty+ $81.20 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for February 2008. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No. NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: AVA Nen`thCaro ina NCDENR )lraturahly Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal opportunity/Affirmative Action Employer—50%Recycled110%Post Consumer Paper 250.00 For_ 1 of the two (2) violations of G.S. 143- 215.1(a)(6) and NPDES Permit No, NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 750.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 1,000.00 TOTAL CIVIL PENALTY 81,20 Enforcement costs. $ 1.081.20 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty ! have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (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: 1. 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 CompIiance/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 2'7699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms, Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number(as found on page one 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 ieceived 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 Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 572.s Ace>I I 6 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0189 Outfall Date Parameter Reported Value Permit Limit 001 2/9/08 BOD 54.3 mg/L, * 45.0 mg/L (Weekly average) 001 2/16/08 BOD 45.5 mg/L 45.0 mg/L (Weekly average) 001 2/29/08 BOD 45.9 mg/L * 30.0 mg/L (Monthly average) * Denotes civil penalty assessment. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO. NC0039594 ) FILE NO. LV-2008-0189 • Having been assessed civil penalties totaling $1,081.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated May 28, 2008,the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. • This the day of , 2008 BY ADDRESS TELEPHONE JUSTIFICATIONFQR REMISSION REQUEST DWQ Case Number: LV-2008-0189 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $1,081.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner ('the assessment 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 fiiture occurrences); (e) the violation was inadvertent or a result of an accident explain why the violation was unavoidable or something you could not prevent or prepare for,); (d) the violator had not been assessed civil enalties for any revious violations; (e) payment of the civil penalty will Treyent payment for the remaining necessary remedial actions (i.e,, explain how payment of the civil penalty i iliprevent you from performing the activities necessary to achieve compliance), EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0189 Permit Number: NC0039594 • ASSESSMENT FACTORS 1) The degree and.extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The BOD weekly average concentration was 54.3 mg/L and 45.5 mg/L for the weeks ending February 9th and 16th respectively, which exceeded the permit limit of 45.0 mg/L. The BOD monthly average concentration in the effluent of 45.9 mg/L exceeded the permit limit of 30.0 mg/L for the month of February 2008. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 1.1% to 20.7% during the month. The BOD monthly average permit limit was exceeded by 53% during the month. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as in-stream toxicant by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 7 other CPAs against the Town of Maiden P during the life of the permit with four CPAs having been issued in the past twelve months as detailed blw Case Number _.Description LV-2008-0149 $1,081.20LV for BOD and pH, Penalty is within the thirty-day response window. LV-2008-0094 $831.20LV for BOD: Penalty is unpaid, L - 7- ,583,8 LV for B D, T S fecal califr)rm, and pH and MV for fecal oliform Penalty was paid in full. LV-2007-0498 $333.89 LV for BOD, Penalty was paid in full. 8) The cost tote State of t enforcement procedures. Cost to the Regional Office is $81,20 Date RO upe is Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 05/27/08 Page: 1 of I Permit NC0039594v. . MRs Be , v - a_ tween, 2 2,008 and 2-2008 'Region:% Violation Category:% Program" Category:°!° Facility Name: % Param Name:% County 91o" ' . , Subbasin•%- ' Violation Action: % Major Minor: % 5 ` PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation ir.„\f"_a te -- 0 I MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE e'/0 —1(VIOLATIONTYPE VIOLATION ACTION 02-2008 001 Effluent BOD,5-Day(20 Deg.C) 02/09/08 3 X week mg/I 45 54.33 -fir Weekly Average Exceeded None 4< 02-2008 001 Effluent BOD,5-Day(20 Deg.C) 02/16/08 3 X week mg/I 45 45.5 t•t Weekly Average Exceeded None'O 02-2008 001 Effluent BOD,5-Day(20 Deg.C) 02/29/08 3 X week mg/I 30 45.9 Monthly Average Exceeded None 41, t ci_DcM+ 1-2G= Monitoring Violation MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION, ,1 02-2008 001 Effluent Cyanide,Total(as Cn) 02/02/08 Weekly ugh Frequency Violation None --Cc��-2- ` Y\c ,CA ti t1Ls- 02-2008 001 Effluent Nitrogen,Total(as N) 02/29/08 Monthly mg/I Frequency Violation None 02-2008 001 Effluent Phosphorus,Total(as P) 02/29/08 Monthly mg/1 Frequency Violation None '24.2- !o Il...eLt—a JCL 02-2008 001 Effluent Temperature,Water Deg, 02/02/08 5 X week deg c Frequency Violation None Ct' Centigrade 1-) C F u--u;= Q .ace)1 �r�b �-7 D1Lk.9-- art s 1 ° ' I-k : � c'`9 • C Lam yr d • TOWN OF MAIDEN F /1441 NORTH CAROLINA 28E so 1y PO.BOX 125 • 0i210 428-500 FAX 0828142S-5017 • TDD 8lx1-735-296 /883 To: Marcia Allocco NC DENR MRO NC DWQ Surface Water Protection DWQ-Surfoce Water Protection Mooresville Regional Office Enclosed are the Town of Maiden's re-submitted DMR's for January and February 2008. I was not the CRC during this time period so I'm submitting the DMR's as I found them, other than adding the requested data. Please accept my apologies for any inconvenience regarding this matter. Thanks, --/f( Randy L. ` `ithN Wastewater Superintendent. Town of Maiden (f V\I A 7-� Michael F.Easley,Govern `Oy�� 9QG William G.Ross Jr.,Secrets North Carolina Department of Environment and Natural Resour e r�1�:iV Coleen Sullins.Director �_ Division of Water Quality May 14, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 4505 9883 The Honorable Bob Smyre, Mayor , Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 Subject: Notice of Violation/Notice of Recommendation for Enforcement Action NOV Tracking No. NOV-2008-SP-0007 Failure to implement Pretreatment Program NCGS 143-215.3(14) • Town of Maiden NPDES Permit No. NC0039594 Catawba County,NC Dear Mayor Smyre: Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection of the Town of Maiden approved Industrial Pretreatment Program on May 7, 2008 by Mr. John Lesley of this Office. The report covered the period of January 1, 2007 through December 31, 2007. This Report is being issued as a Notice of Violation/Notice of Recommendation for Enforcement Action because of violations of Section IV, C, of the subject permit,North Carolina General Statute (G.S.) 143-215.1, G.S.143-215.3(a)(14), and 15A NCAC 2H .0900 for failure to properly implement the Pretreatment Program (see Attachment A of the Report for details). Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This Office is making an enforcement recommendation to the Director of the Division of Water Quality relative to the violations found during this inspection. If you wish to offer an explanation for the violations, please respond in writing to Mr. Lesley of this office and copy Dana Folley of the Division's PERCS Unit within ten(10) days of receipt of this Notice. N,�otn hCarolina 47 ivatura/�f .NCOE NR N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 Please note the following requirements from the inspection report: 1. Submit copies of the Notices of Violation for all violations by June 1, 2008. For violations that are continuing, the POTW must take escalated enforcement action as outlined in their Division approved Enforcement Response Plan and submit copies by June 15, 2008. See Requirements Section of attached report for more details. 2. Submit the Headworks Analysis that is past due (November 1, 2007) by no later than June 15,2008. 3. Submit an An Industrial User Permit issued to Garcia Chips no later than June 15, 2008, or documentation that the industry is no longer discharging process wastewater to the POTW. 4. Submit a revised Sewer Use Ordinance to address the Environmental Protection Agency requirements for Streamlining changes in the Federal Pretreatment Rules found in 40 CFR 403 and to satisfy other North Carolina pretreatment program updates by no later than July 15, 2008. All the above required submissions are to be sent to Ms. Dana Folley,DWQ, PERCS Unit, 1617 Mail Service Center, Raleigh,NC 27699-1617. It is also requested that a letter be submitted to Mr. Lesley of this office that verifies the completion of the above activities by no later than July 15, 2008. Failure to meet the above due dates may result in further enforcement action by the Division, including the possibility of additional penalties. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley at (704) 663-1699. Sincerely, Robert B. Krebs Regional Supervisor Surface Water Protection Enclosure cc: Randy Smith, Town Pretreatment Coordinator Central Files Dana Folley, PERCS Unit Gaston County Health Department • ilaA NORTH CAROLINA DIVISION OF WATER QUALITY oN )G 'CDENR PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT 3 Mond.ro.w..h,assf ACKGROUND INFORMATION [Complete Prior To PCI: Review Program Info Database Sheet(s)1 1. Control Authority(POTW)Name: Town of Maiden 2. Control Authority Representative(s):Randy Smith,Don Burkey 3. Title(s): Pretreatment Program Coordinator, Consultant 4. Last Inspection Date: 02/27/07 Inspection Type: ® PCI ❑ Audit 5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? ❑ YES ®NO 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑YES ®NO Order Type,Number,Parameters: Are Milestone Dates Being Met? El YES ❑NO PCS CODING Trans.Code Main Program Permit Number MM/DD/YY Inspec.Typc Inspector Fac.Type N NC0039594 05/07/08 P S 1 (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 3 SIUS 8. Current Number Of Categorical Industrial Users(CIUs)? 2 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 3 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 3 11. Enter the Higher Number of 9 or 10 3 NOIN 12.Number of SIUs With No IUP, or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 2 Semi-Annual Periods(Total Number of SIUs in SNC) PSNC 14.Number of SIUS in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 2 SNPS I6.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 0 Semi-annual Periods POTW INTERVIEW 17. Since the Last PCI,has the POTW.had any NPDES Limits Violations? ®YES El NO If Yes,What are the Parameters and How are these Problems Being Addressed? See Attachment A 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ® YES ❑NO Discharge(Interference,Pass-Through,Blockage, Citizens' Complaints,Increased SIudge Production,Etc.)? See Attachment A If Yes, How are these Problems Being Addressed? 19. Which Industries have been in SNC for Limits or Reporting during SNC for Limits: Cataler and VT LeeBoy either of the Last 2 Semi-Annual Periods?Not Been Published for SNC for Reporting: NA Public Notice?(May refer to PAR if Excessive SIUs in SNC) Not Published: None 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order, Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently,Under Adjudication?If Yes,Which ❑ YES ® NO Ones? LTMP/STMP FILE REVIEW: 22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®YES ❑NO 23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? ® YES ❑NO 24. Is LTMP/STMP Data Maintained in a Table or Equivalent? Z YES ❑ NO Is Table Adequate? ® YES ❑ NO 25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? ® YES ❑ NO 26. If NO to 23 -26, list violations: 27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? ❑ YES ®NO If yes,which ones?Eliminated: Added: NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 1 28. PRETREATMENT PROGRAM ELEMENTS REVIEW-Please review POTW files,verify POTW has copy of Program El their files,complete with supporting documents and copy of PERCS Approval Letter,and dates consistent with Program Info: _ t Program Element Last Submittal Last Approval Date Next Due, Date In file? Date In file If Applicable Headworks Analysis (HWA) 10/2/02 ® Yes ❑ No 10/17/03 ® Yes❑ No *11/1/07 Industrial Waste Survey(1WS) 8/29/03 ® Yes❑ No 11/19/03 ® Yes❑ No 9/1/08 Sewer Use Ordinance(SUO) 3/20/03 ® Yes❑ No 5/30/03 ® Yes ❑ No *12/28/07 Enforcement Response Plan (ERP) 10/14/03 ® Yes❑ No 3/24/04 ® Yes ❑ No Long Term Monitoring Plan(LTMP) 5/4/07 ® Yes❑ No 5/17/07 ® Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 29. User Name 1. Cataler 2. Getrag 3. VT LeeBoy 30. IUP Number 0002 _ 0001 0003 31. Does File Contain Current Permit? ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No 32. Permit Expiration Date 12/31/09 12/31/09 _ 12/31/09 _ 33. Categorical Standard Applied(I.E.40 CFR, Etc.) Or N/A NA 433 433 34. Does File Contain Permit Application Completed Within One Year Prior ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No to Permit Issue Date? 35. Does File Contain an Inspection Completed Within Last Calendar Year? ❑Yes ® No r ❑ Yes ® No ❑ Yes ® No 36. a.Does the File Contain a Slug/Spill Control Plan? a. ®Yes ❑No a. ®Yes ❑No a. ®Yes ❑No b. If No, is One Needed? (See Inspection Form from POTW) b. ❑Yes ❑No b. ❑Yes❑No b. ❑Yes ❑No 37. For 40 CFR 413 and 433 TTO Certification,Does File Contain a Toxic ❑Yes❑NoON/A ®Yes❑No❑NIA ®Yes❑No❑N/A Organic Management Plan(TOMP)? 38. a. Does File Contain Original Permit Review Letter from the Division? a. ®Yes ❑No a. ®Yes ❑No a. ®Yes❑No b.All Issues Resolved? b.®Yes❑No❑NIA b.E1Yes❑No❑NIA b.mYes❑No❑NIA 39. During the Most Recent Semi-Annual Period,Did the POTW Complete ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No its Sampling as Required by IUP, including flow? _ 40. Does File Contain POTW Sampling Chain-Of-Custody Forms? ® Yes ❑ No ' ® Yes ❑ No ® Yes ❑ No 41. During the Most Recent Semi-Annual Period, Did the SIU Complete its ®Yes❑No❑NIA ®Yes❑No❑NIA ®Yes❑No❑NIA Sampling as Required by IUP, including flow? 41b.During the Most Recent Semi-Annual Period,Did SIU submit all reports ®Yes❑No❑NIA ®Yes❑No❑NIA ®Yes❑No❑NIA on time? 42a.For categorical IUs with Combined Wastestream Formula(CWF), does ❑Ycs❑No®NIA ' ❑Yes❑No®N/A ❑Yes❑No®N/A file include process/dilution flows as Required by IUP? 42b. For categorical IUs with Production based limits,does file include ❑Yes❑NoEIN/A ❑Yes❑No®NIA ❑Yes❑No®NIA _production rates and/or flows as Required by IUP? 43a. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes❑No❑NA ®Yes❑No❑NIA ®Yes❑No❑NIA All Limits Non-Compliance from Both POTW and SIU Sampling? 43b. During the Most Recent Semi-Annual Period,Did the POTW Identify ❑YesClNo®NIA ❑Yes❑No®NIA ❑Yes❑No®NIA All Reporting Non-Compliance from SIU Sampling? 44. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.CE1Yes0No❑NIA a.®Yes❑No❑NIA a.®Yes❑No❑NIA Monitoring Violations? b. Did Industry Resample and submit results to POTW Within 30 Days? b.®Yes❑No❑NIA b.®Yes❑No❑NIA b.®Yes❑No❑NIA c. Did POTW resample within 30 days of knowledge of SIU limit c.❑Yes❑NoEINIA violations from the POTW sample event? c.❑Yes❑No�N/A c.❑Yes❑No®NIA 45. During the Most Recent Semi-Annual Period, Was the SIU in SNC? ❑ Yes ® No ❑Yes ® No ® Yes ❑ No 46. During the Most Recent Semi-Annual Period, Was Enforcement Taken ❑Yes®No❑NIA t ❑Yes®No❑NIA ❑Yes®No❑N/A as Specified in the POTW's ERP(NOVs,Penalties,timing!etc.)? 47. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A ❑Yes❑No®NIA ®Yes❑No❑N/A 48. Does The File Contain Proof Of Penalty Collection? ❑Yes❑No®N/A ❑Yes❑No®N/A ®Yes❑No❑N/A 49. a. Does the File Contain Any Current Enforcement Orders? a.❑Yes❑No®NIA a.❑Yes❑No®NIA a.❑Yes❑No®NIA b. Is SIU in Compliance with Order? b.❑Yes❑NolE3N/A b.❑Yes❑NoCEIN/A b.❑Yes❑No®NIA 50. Did the POTW Representative Have Difficulty in Obtaining Any of This ❑ Yes ® No ❑Yes ® No ❑ Yes ® No Requested Information For You? NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 2 { REVIEW'COMMENTS: • = t'-i' 35: No SIU inspections were carried out by the POTW in 2007,and no SIU sampling was performed during the January-June 2007 compliance period as required by NPDES Permit NC0039594,Part IV Special Conditions,Section C(7)and 15A NCAC 2H 0.0900. #37: Getrag Gears and VT LeeBoy both have Total Toxic Organic Management Plans, but they also perform the TTO analyses. #39: The POTW did not complete its sampling as required in the January-June 2007 period (see 35 above). According to POTW documents,the previous ORC cancelled the sampling that was set up for the POTW sampling in May 2007 and did not reschedule it. #45: Cataler was in SNC for cyanide in the January-June 2007 period (no SIU sample was taken). VT LeeBoy was in SNC for cyanide for Jan-Jun 2007 and for zinc for both six-month periods in 2007. The SIU was in SNC two consecutive periods for cyanide and three consecutive six-month periods for zinc(July-December 200G was also in SNC for zinc). SUMMARY AND COMMENTS: Comments: 1. The ORC/Pretreatment Coordinator that was present during the January -December 2007 year relative to this inspection is no longer employeed by the Town. The current ORC/Pretreatment Coordinator did not start until April 2008. The current ORC/Pretreatment Coordinator is working to correct the many deficiencies with the program. Violations of the Pretreatment Rules are listed in Attachement A of this report. 2. Garcia Chips-a corn chip fryer located in the Lincoln County Industrial Park currently being serviced with sewer by Maiden-has been severely impacting the Maiden WWTP with BOD,OiI/Grease,and TSS slugs. Staff employed prior to 2007 monitored Garcia Chips regularly under a local permit,staff in 2007 ceased the monitoring. Current staff has sampled Garcia Chips and found the industry to be>5%MAHL for BOD,and TSS. Gracia Chips has also adversely impacted the WWTP and caused pass-through with NPDES limit violations for BOD. Requirements: Be advised that failure to meet the following due dates will be cause for enforcement action that may include civil penalties. 1. Garcia Chips meets the conditions to be classified as a Significant Industrial User in 15A NCAC 2H 0.0903 (b)(34)(B) and (D) and therefore,must be issued an Industrial User Permit by June 15,2008,with limits that will protect the POTW,or require the facility to cease discharge. 2. NOVs for all violations must be issued by June 1,2008. For violations that are continuing,the POTW must take escalated enforcement action as outlined in their Division approved Enforcement Response Plan by June 15,2008. For example,VT LeeBoy must receive NOVs,and be put on an enforceable compliance schedule;a penalty is strongly recommended due to the extreme magnitude of the violations. Garcia has been identified as the cause of repeated NPDES Permit limit violations. According to the Town's Enforcement Response Plan, Garcia Chips, depending on whether they violated their local IUP or the SUO,must receive a NOV and penalty. Because VT LeeBoy and Garcia Chips had no violations in previous time periods(for Leel3oy one must go back to the first half of2006), these SIUs may also be in violation for failure to report process changes. 3. The HWA is past due(11/1/2007). Please submit the finished HWA by no later than June 15,2008. 4. The SUO was due on June 1,2007. The Division extended the due date to August 1,2007,and again the Town failed to submit the required SUO. The Division's PERCS Unit issued a Notice of Violation dated November 28,2007 for the failure of the Town to submit the SUO by the August I,2007 deadline and issued a new due date of December 28,2007. The Town responded on December 5 indicating they had assumed the approval they received from Construction Grants and Loans was sufficient to meet the Pretreatment Program requirements;however,the two submittals are in fact for separate approvals. Please submit the revised SUO and checklist for approval no later than July 15,2008. NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 3 5. Spill and Slug control plans for Getrag and Cataler are rather old and need to be updated Recommendations: Request that VT LeeBoy and Garcia Chips contact Pollution Prevention Pays for non-regulatory assistance for waste reduction. NOD: ❑YES ❑ NO NOV: ®YES ❑ NO QNCR: Z YES ❑ NO POTW Rating: Satisfactory ❑ Marginal ❑ Unsatisfactory_ PCI COMPLETED BY DATE: May 8,2008 Jo n L sky,Mooresville Region. • ;lice NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 4 ATTACHMENT A eRETREATMENT PROGRAM VIOLATIONS: � 1. Failure to sample the Significant Industrial Users in the January—June 2007 compliance period. NPDES Permit Section IV, C, 7. 2. Failure to inspect the Significant Industrial Users in 2007. NPDES Permit Section IV, C, 7. 3. Failure to submit the Headworks Analysis by the November 1, 2007 due date. NPDES Permit Section IV, C, 4. 4. Failure to take appropriate enforcement actions as stated in the Town's Enforcement Response Plan in 2007. NPDES Permit Section IV, C, 9. This includes but is not limited to: a. Failure to take adequate enforcement and permitting action against Garcia Chips for adversely impacting the WWTP leading to numerous NPDES Permit limit violations. b. Failure to take adequate enforcement action against VT LeeBoy for being in SNC for cyanide for two consecutive six-month periods (July-Dec 2006 and January-June 2007). c. Failure to take adequate enforcement action against VT LeeBoy for being in SNC for zinc for three consecutive six-month periods (July-Dec 2006, January-June 2007, and July-December 2007 with no resolution of the non-compliance (Special Order,Administrative Order, etc.) NPDES Permit Limit Violations in 2007: February 2007: BOO, resulted in issuance of a Notice of Violation NOV-2007-LV-0358 March 2007: BOD,Fecal Coliform, TSS and monitoring frequency violations, resulted in a civil penalty assessment Case No. LM-2007-0052 April 2007: BOD, resulted in a civil penalty assessment Case No. LV-2007-0498 May 2007: BOD, failure to monitor for cyanide, resulted in a Notice of Violation NOV-2007-LM-0029 November 2007: BOD, resulted in a civil penalty assessment Case No. LV-2008-0094 December 2007: BOD, pH resulted in a civil penalty assessment Case No. LV-2008-0144 Data collected in January—April 2008 shows the non-compliance has persisted. NC DWQ Pretreatment Compliance Inspection(PCI)Form Updated 7/25/07 Page 5 • The report should be self-explanatory; however, should you have any questions concerning this report,please do not hesitate to contact Mr. Lesley or me at(704) 663-1699_ Sincerely, ' Robert B. Krebs Surface Water Protection Section Regional Supervisor Enclosure cc: Catawba County Health.Department Bob Sledge,Point Source Branch, Western NPDES Program • • United States Environmental Protection Agency Form Approved. rE PA Washington,D.C.20460 OMB No.2040-0057 __ Water Compliance Inspection Report Approval expires 8-31-98 . Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/ma/day Inspection Type Inspector Fac Type 1 I tLi 2 IA 31 NC0039594 _ 111 121 08/05/07 1 17 181 c.J l 19' Gl 201U Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 11J 1J 1 1 J 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L 1 1 1 1 1 1 1 166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA --------- Reserved 671 2.0 169 761 31 71 721 N 731 11 74 751 1 1 1 I 1 1 180 } Section B: Facility Data —! Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:00 AM 08/05/07 07/04/01 Maiden WWTP Finger st Exit Time/Date Permit Expiration Date Maiden NC 28650 03:00 PM 08/05/07 10/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Randy Lee Smith/ORC/828-879-2131/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Doris C eumgarner,PO Box 125 Maiden NC 28650//828-428-5020/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) 111 Permit Flow Measurement Ill Operations&Maintenance Records/Reports ▪Self-Monitoring Program MISludge Handling Disposal 1.1 Facility Site Review El Effluent/Receiving Waters ▪Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date John E Lesley MRO WQ//704-663-1699 Ext.2198/ Signature of Management Q A view r Agency/Office/Phone and Fax Numbers D to M rc' Allocco MRO WQ//704-663-1699 Ext.2204/ EPA Farm 3560-3(Rev 9-94)Previous editions are obsolete. Page# NPDES yr/mo/day inspection Type (cont.) 1 3r NC0039594 J11 12, 08/05/07 117 18L i I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) NPDES Permit Limit Violations in 2007: February 2007: BOD, resulted in issuance of a Notice of Violation NOV-2007-LV-0358 March 2007: BOD, Fecal Coliform, TSS and monitoring frequency violations, resulted in a civil penalty assessment Case No. LM-2007-0052 April 2007: BOD, resulted in a civil penalty assessment Case No. LV-2007-0498 May 2007: BOD, failure to monitor for cyanide, resulted in a Notice of Violation NOV-2007-LM-0029 November 2007: BOD, resulted in a civil penalty assessment Case No. LV-2008-0094 December 2007: BOD, pH resulted in a civil penalty assessment Case No. LV-2008-0144 • • Page# 2 Permit: NC0039594 Owner-Facility: Maiden VWVT'P Fr. nspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ■ ❑ ❑ ❑ Is the facility as described in the permit? 0 ■ 0 0 #Are there any special conditions for the permit? 11000 Is access to the plant site restricted to the general public? • ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Sludge drying beds are no longer there. Special Condition - Pretreatment Program requirement Operations &Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ 0 ❑ Does the facility analyze process control parameters,for ex: MLSS, MCRT, Settleable Solids,pH, DO, Sludge ■ 0 0 0 Judge, and other that are applicable? Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ❑ b.Mechanical Are the bars adequately screening debris? • ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? U ❑ ❑ ❑ • Comment: Grit Removal Yes No NA NE Type of grit removal • a.Manual ❑ b.Mechanical ■ Is the grit free of excessive organic matter? ■ ❑ ❑ ❑ Is the grit free of excessive odor? MI ❑ ❑ ❑ #Is disposal of grit in compliance? U ❑ ❑ ❑ Comment: Pure Oxygen Yes No NA NE Type of pure oxygen system Bulk storage Page# 3 Permit: NC0039594 Owner-Facility: Maiden WVVTP Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Pure Oxygen Yes No NA NE Is there a back-up source for the system? • ❑ 0 0 Are mixers operational? ■ n n n Are samples port/points easily accessible? ■ ❑ 0 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n n 0 Is the site free of excessive buildup of solids in center well of circular clarifier? ■ n n n Are weirs level? • ❑ ❑ 0 Is the site free of weir blockage? ■ n n O Is the site free of evidence of short-circuiting? ■ 0 ❑ 0 Is scum removal adequate? ■ 0 0 0 Is the site free of excessive floating sludge? U n 0 0 Is the drive unit operational? ■ n n n Is the return rate acceptable(low turbulence)? ■ n ❑ ❑ . Is the overflow clear of excessive solids/pin floc? ❑ ■ 0 0 Is the sludge blanket level acceptable?(Approximately'/,of the sidewall depth) 0001. Comment: The secondary clarifier is constructed as part of a "package plant" design that utilizes a traveling bridge type scum removal. WAS/RAS is removed by means of a siphon on the traveling bridge. The clarifier appeared very turbid on the day of the inspection, floating grease was present also. Disinfection-Gas Yes No NA NE Are cylinders secured adequately? ■ n n n Are cylinders protected from direct sunlight? ■ CIDD Is there adequate reserve supply of disinfectant? • n n Is the level of chlorine residual acceptable? U ❑ 0 n Is the contact chamber free of growth, or sludge buildup? El n n n Is there chlorine residual prior to de-chlorination? ❑ n U n Does the Stationary Source have more than 2500 lbs of Chlorine(CAS No. 7782-50-5)? 0 0 • If yes, then is there a Risk Management Plan on site? ❑ n • 0 If yes, then what is the EPA twelve digit ID Number?(1000- - ) If yes, then when was the RMP last updated? Page# 4 Permit: NC0039594 Owner-Facility: MaidenWUVfP Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE Comment: Influent Sampling Yes No NA NE #Is composite sampling flow proportional? ❑ ❑ ■ n Is sample collected above side streams? ■ n ❑ 0 Is proper volume collected? ■ ❑ ❑ ❑ Is the tubing clean? MOOD #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ ❑ ❑ ❑ Is sampling performed according to the permit? MIODO Comment: Samples are collected as a time based composite. A waiver has been given to the Town allowing time based composite samples due the design of the facility. Effluent Sampling Yes No NA NE Is composite sampling flow proportional? DDED Is sample collected below all treatment units?. ■ ❑ ❑ ❑ Is proper volume collected? ■ ❑ n n Is the tubing clean? • ❑ ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ n ❑ n Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ Q ❑ Comment: Time eased Composite Samples (see Influent Sampling comment) Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ODD Are the receiving water free of foam other than trace amounts and other debris? ■ ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ■ ❑ ❑ ❑ Comment: Upstream I Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and sampling location)? NOOD Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? ■ ❑ ❑ n Is flow meter calibrated annually? BODO Is the flow meter operational? U n n n Page# 5 Permit: NC0039594 Owner-Facility: Maiden WWTP 71411111 Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Flow Measurement- Influent Yes No NA NE (1f units are separated) Does the chart recorder match the flow meter? ■ n n n Comment: Last calibrated on 7/3/2007. Calibrated at least once per year. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • Q n Q 1s all required information readily available, complete and current? I 0 0 ❑ Are all records maintained for 3 years(lab. reg. required 5 years)? ■ n OD Are analytical results consistent with data reported on DMRs? ■ n n n Is the chain-of-custody complete? ■ ❑ ❑ 0 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? ■ ❑ ❑ Q Has the facility submitted its annual compliance report to users and DWG? n ■ n n Of the facility is=or>5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? • n ❑ 0 Is the ORC visitation log available and current? ■ 0 ❑ n Is the ORC certified at grade equal to or higher than the facility classification? ■ Q n ° Is the backup operator certified at one grade less or greater than the facility classification? ■ Q ❑ U Is a copy of the current NPDES permit available on site? • n ❑ n Facility has copy of previous year's Annual Report on file for review? 0 ■ 0 0 Comment: No record of the 2006-2007 annual report could be found at the facility or in the Division's files. The facility reports on the fiscal year (July -June). Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? • 0 ❑ n Are all other parameters(excluding field parameters)performed by a certified lab? ■ n Q n #Is the facility using a contract lab? ■ 0 ❑ n #Is proper temperature set for sample storage(kept at less than or equal to 6.0 degrees Celsius)? ■ 0 Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? ❑ n mi n Page# 6 Permit: NC0039594 Owner-Facility: Maiden W TP Inspection Date: 05/07/2008 Inspection Type: Compliance Evaluation Laboratory Yes No NA NE Incubator(BOD)set to 20.0 degrees Celsius+/_ 1.0 degrees? ❑ ❑ • ❑ Comment: The facility has an on site lab for field parameter testing. Certificate No. 5532 expires on 12/31/2008. Water Tech Labs is contracted to perform all other testing. Standby Power Yes No NA NE Is automatically activated standby power available? ■ ❑ ❑ ❑ Is the generator tested by interrupting primary power source? • ❑ ❑ ❑ Is the generator tested under load? U ❑ ❑ ❑ Was generator tested&operational during the inspection? NODO Do the generator(s) have adequate capacity to operate the entire wastewater site? ■ ODD Is there an emergency agreement with a fuel vendor for extended run on back-up power? ■ ❑ ❑ ❑ Is the generator fuel level monitored? • ❑ ❑ ❑ Comment: • Page# 7 of WArFq Michael F.Easley,Gi rthar(p4 VP Q� William G.Ross Jr.,Secretary v North Carolina Department of Environment and Natural Resources -c Coleen H.Sullins,Director Division of Water Quality March 11, 2008 CERTIFIED MAIL 7007 1490 0004 4505 6981 RETURN RECEIPT REQUESTED Ms. Wendy Vanover, Interim Town Manager PO Box 125 Maiden,North Carolina 28650 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. NC0039594 Maiden WWTP Catawba County Case No. LV-2008-0094 Dear Ms. Vanover: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $831.20 ($750.00 civil penalty+ $81.20 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for November 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: ® pA Nam`prth Carolina NCDENR ,Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-I699 Customer Service Internet: www,newaterqualitv.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledll0%Post Consumer Paper $ 0.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. $ 750.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 750.00 TOTAL CIVIL PENALTY $ 81.20 Enforcement costs. $ 831.20 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the 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: I. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). • Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water,Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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. I43B- 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced.by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 3/h p 6- 6 rd (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LV-2008-0094 Outfall Parameter Reported Value Permit Limit 001 BOD 51.0 mg/L 45.0 mg/L (Weekly average) 001 BOD 38.3 mg/L * 30.0 mg/L (Monthly average) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND THE TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO. NC0039594 . ) FILE NO. LV-2008-0094 Having been assessed civil penalties totaling $831.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated March 111200S, 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 , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0094 Assessed Party: The Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $831.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation o{Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) 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(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) • NORTH CAROLINA DIVISION OF WATER QUALITY Violator: The Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2008-0094 Permit Number: NC0039594 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violation; The BOD weekly average concentration of 51.0 mg/L for the week ending November 17, 2007 that exceeded the permit limit of 45.0 mg/L. The BOD monthly average concentration in the effluent of 38.3 mg/L exceeded the permit limit of 30.0 mg/L for the month of November 2007. 2) The duration and gravity of the violation; The BOD weekly average permit limit was exceeded by 13.3% for the week ending November 17, 2007. The BOD monthly average permit limit was exceeded by 31.0% during the month of November. 3) The effect on ground or surface water quantity or quality or on air quality; The effect on the receiving stream is unknown. BOD is treated as in-stream toxicants by the State of North Carolina. BOD is an oxygen-consuming waste and therefore increased concentrations could reduce the amount of oxygen available to aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violations were committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 6 other CPAs against the Town of Maiden WWTP during the life of the permit with two CPAs having been issued in the past twelve months as detailed below. Case Number Description LM-2007 0052 $2,5a 3,89 LV far BOD, TSS, fecal conform, and phi and MV for fecal conform, ty was paid in full, LV-2007-0498 $333.89 LV for BOD. Penalty was paid in full. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.20 3, /t/off'' - 6 /I . 1 Date RO Supervisor Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 03/04/08 Page 2 of 11 Permit: % MRs Between: 11,2007 and 11-2007 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES WW Facility Name: 'Y. Param Name;% County:% Subbasln:% Violation Action, % Major Minor: PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation 1,—V-- .I.u. — t-fy11- MONITO ING OUTFALL/ LOCATION PARAMETER - VIOLATION FREQUENCY UMI OF LIMIT CALCULATED VIOLATION TYPE VIOLATION ACTION REPORT PPI DATE MEASURE VALUE ._` 11 ..2007 001 Effluent SOD,5-Day(20 Deg.C) 11/17/07 3 X week mg/1 45 51 V 1,-- Weekly Average Exceeded None U 11 ..2007 001 Effluent BOO,5-Day(20 Deg.C) 11/30/07 3 X week mg/1 30 , 3&29 ✓ `0Monthly Average Exceeded None 4 4 )C-' PERMIT:NC0033570 FACILITY: Chemetall Foote Corporation-Chemetall Foote COUNTY:Cleveland REGION: Mooresville Corporation , Limit Violation „ �` MONITORING OUTFALL I LOCATION `PARAMETER VIOLATION FREQUENCY UNIT OF LIMIT CALCULATED VIOLATION TYPE VIOLATION ACTION REPORT PPI DATE MEASURE VALUE 11 _2007 001 Effluent pH 11/29/07 _ Weekly su 9 9.4 Daily Maximum Exceeded None PERMIT:NC0065242 FACILITY: Town of Grover-Grover WWTP COUNTY:Cleveland REGION: Mooresville Lim Violation MONITORING OUTFALL 1 LOCATION PARA TER VI LATION FREQUENCY UNIT OF LIMIT CALCULATED VIOLATION TYPE VIOLVIQN ACTION REPORT PPI DATE MEASURE VALUE 11 _2007 001 Effluent Nitrogen,Ammonia Total(as 11/30/07 Weekly mg/I 3.9 &95 Monthly Average Exceeded None N) �^ gg ,: "c � .6 1,•44 i .':' r' :,3 "' "" t, Lt ,,,..•�lz ,„%,r311u ``.:„ rt`da`fkL?,"„„,„ t , K,k ".,L,!s a >,� l',s „ �`� G,� % �����. ;i.,:.,,.fist k t„ »� , »�;Lk tar 4v��k� �>d�?�."��',, � -e,:lY°�,�:.i�u`3s3�' .. 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Settlement Related Cases Comments ` Events :It),,eii �� z ry Related'ainlatu��ns Penally Assessed -- —_ � w W , Permit, _ CUO q4 Detail , SOC: AD, .l Q!i Monitoring Report' �t T ail Facility- latden�`1 �� Ce tills,, Revlon': M 3ooresviCte County., patawba - ^ Owner. own of Maiden � r. l to . 1npectLt i' ,, a I a � ..m ...,,.-.�.. , ENR Collections Case-Original enforcement cost was Cantral0flice Login Date: 31(.., — . �.�, n. ,..,,,,:�:�::.:.,,<,. Comments: Accumulated Interest t of t added on tDS bringing S Q. f CentralOnice Contact le ge l olaertL enf rcernent cost .C S tl ' 1dQ tO� tr" , ,I, Regional Contact llocco,Marcia � .� __ :�. �� v_v _ ... . .. .�.. t", Enforcement Contact endy' anover Salutation for Letter en anover m igi Ir, a Penalty Assessed Date '5 008 1 Remission Request: ,] EMC Hearing Date: "g Isar rim : t Letter Dates 03111 00 Remission Acknowledged: Remission, mount. F , I Penal Amount. 750 0S Enfi Canf.Date: E C Results Received: Damages: _ Remission Amount _w.._ .q its ��� , �. � � � ., � , ,, Enforcement Cost: 87.4 Ent Conf.Letter Date: Petition in CAN: o Total Case Penalty: 47 Facility Rc d Ent Conf.Ltr mount:Remission Amount, ~3 ; . '' .R, Facility Received F 0311212008tar m Case to Collection: 000'18f 08 ? I' IA 0 Response Due E 41117200E�., s,�, ,�,. ,,,E .. Settlement Requested: .. � ��.�.��.�.�,.,,����,r �.�.,,,��� w,,.rut.�„���»�, ,.� ��, .���.,, ���,,...��,r,��»�,,�., ,�,�..�..,�,�,�:.�.�,� ��.��...�._u^,,..,.��,.,,,�,��.�,.,.,,���.x�w�,w�,.,� ,,�.,,._ i,u , IacLk .i: Lj * L , , , L! CL ,Nevi & t1 ,{ ?� sReady IPage„111 !Sll EI4CS q start soft II. 6 Reminders „ testrokle,tripral,m,„' , ry 1M q jF Michael F.Easley,Governor\&C ��� William G. Ross Jr.,Secretary pir North Carolina Department cif Environment And Natural Resources Coleen H.Sullins,Director , > Division of Water Quality 4 Y January 11, 2008 EDDIE FAULKNER '` , - ilk` it s TOWN OF MAIDEN 113 W MAIN ST MAIDEN NC 28650 SUBJECT: Payment AcknowledgmentDWO f Dh , Civil Penalty Assessment Maiden WWTP Surace ction t Permit Number:NC0039594 Case Number: LV-2007-0498 Catawba County Dear Mr.Faulkner: This letter is to acknowledge receipt of check number 060049 in the amount of$333.89 received. from you dated January 7, 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 L Sledge at 919-733-5083 Ext.547. 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Division of Water Quality V December 19,2007 CERTIFIED MAIL 7006 2760 0001 8497 4922 RETURN RECEIPT REQUESTED Steven C. Smith Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 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.NC0039594 Town of Maiden WWTP Catawba County Case No. LV-2007-0498 Dear Mr. Smith: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $333.89 ($250.00 civil penalty+$83.89 enforcement costs)against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for April 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts,I conclude as•a matter of law that the Town of Maiden violated the terms, conditions, or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute(G.S.) 143-215.1(a)(6)in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). • Based upon the above findings.of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I,Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against the Town of Maiden: IVA NCDENR N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28I15 (704)663-1699 Customer Service 1-877-623-6748 } $ 250.00 For 1_of the one (1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0039594,by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. $ 0 For 1 of the one(1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0039594,by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 250.00 TOTAL CIVIL PENALTY • $ 83.89 Enforcement costs. $ 333.89 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition • form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one(1)copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919)733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. 121f9. zv l ate) Robert B.Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File wl attachments Central Files w/attachments J1 ATTACHMENT A CASE NO.LV-2007-0498 Outfall Date Parameter Reported Value Permit Limit 001 4/9-13/07 *BOD 54 mg/I (weekly avg.) 45 mg/1(weekly avg.) 001 4/2007 BOD 33.36 mg/1(monthly avg.) 30.0 mg/1 (monthly avg.) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO.NC0039594 ) FILE NO. LV-2007-0498 Having been assessed civil penalties totaling$333.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 19,2007,the undersigned, desiring to seek remission of the civil penalties,does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of ,2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV'-2007-0498 Assessed Party: Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $333.89 Please use this form when requesting remission of this civil penalty. You must also complete the "Re uest For Remissio Waiver a Ri ht to an Administrative Hearing, and Stipulation©f 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..14313-282.1(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) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION?(use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LV-2007-0498 Permit Number: NC0039594 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,BOD in excess of permit limits would lower the dissolved oxygen level of the receiving stream and may impact aquatic life. 2) The duration and gravity of the violation; The violations occurred the week of April 9-13,2007. 3) The effect on ground or surface water quantity or quality or on air quality; No effect on ground water or air quality are expected. Surface water quality may have been compromised by lower dissolved oxygen levels in the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; No monetary savings are likely. 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 Case Number Description l,M 2t^r7 0052 3J2107 for BOLA, dal co#riorm, pH, NH3-N, and rrron violations case open 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was$83.89. f 2 f f l izav "-- Date RO Supervisor Division of Water Quality • MONITORING REPORT(MR)VIOLATIONS for: Report Date: 12110107 Page: 2 of 11 • c Permit: % " -` e MRs Between: ' 4-2007 and , 4-2007, 'Region:Mooresville `Y Volatcon Caiegory:Limit Violation •• Program Category:NPDES'VT Facility Name: % Param Name:% %County: • Subbasin:% 'Violation Action:% Major Minor. %I ; PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation L- ) - 2 t I - D 4`1 if MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED A 15)b? REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE li 1 VIOLATION TYPE VIOLATION ACTION 04-2007 001 Effluent BOD,5-Day(20 Deg.C) 04/14/07 3 X week mg/I 45 54 Weekly Average Exceeded None Z $3-5`5 e? 04-2007 001 Effluent BOD,5-Day(20 Deg.C) 04/30/07 3 X week mgll 30 33.36 Monthly Average Exceeded None , cescr 3)0 L-.Th-2VD-7-t:o51- 1.ZS�'�.Pr9. CASE- t;i L� PERMIT:NC0040797 FACILITY: City of Hickory-Henry Fork WWTP COUNTY:Catawba REGION: Mooresville Limit Violation MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 04-2007 001 Effluent Nitrogen,Ammonia Total(as 04/07/07 5 X week mg/1 7.5 17.42 Weekly Average Exceeded None N) 04-2007 001 Effluent Nitrogen,Ammonia Total(as 04114/07 5 X week mgli 7.5 11.73 Weekly Average Exceeded None 04-2007 001 Effluent Nitrogen,Ammonia Total(as 04/21/07 5 X week mg/1 7.5 12.25 Weekly Average Exceeded None 04-2007 001 Effluent Nitrogen,Ammonia Total(as 04/30/07 5 X week mg/1 2.5 10.58 Monthly Average Exceeded None a r 1 - 1 1 z - a >�l c m RI n z j W 8 N N N N N N N N ID m V m In 'D W N -' DATE m y �j z r m N rR ia m -1 n O p CS [� m m ++ rn K A W N o ID m y dl cn a W N o tp E p z 0 X 0 D a m r fmn 11 o m c> w z o rn Z. B ° 'a g 3 C o 0 0 0 0 o 2 2 0 0 2 0 0 0 0 0 0 0 0 0 o c pp o 0 o v o o o s OperatorArrlvalTime G1 'm a z O V m [D V v V m 07 V 2 V 9 m W V V 9 V N m g v Z _ m 8 o o O o p G p p O p o O o O p O p o O O o o Op V p~ o O =`Y} O O O O O G O O o O P O O & S O G G O`fA (24 Hr Clock) Z w P ). m 0 A S o m .� 0 3 • 3 61 c = Operator Time On 0 . r Z 0 0 m 'w 55 3 m m .+ " CO CO CO m C. Co CO C. CO CO -+ CO m m CO m m m m m y r CI D T Z n rn X Site m c F. 0 x '_'1 z R.- 0 z p1 m 0 A 0. c c { { i { < c { < c e c < z ORC On Site. M n m m m r s m n n m a v Z 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 o a o o a o 0 0 0 0 0 0 0 0 0 0 Daily '� 8 -< m m > E- p i' ? N ' Al N N Id N A7 N W so:, N i 41 N W W w a IJ N fi 0 W Id iT A y N i L r § Q? 0 O 0 N O iJ N Ih V V V N DI ,Q• V �G pp N O O O La pm6 A :� [11 0 [D W 0 a V s A m Ut N m V [71 O� W W V1 O1 a N W V p V O .D W fA Q�. O m Rate " 0 Elln CTI Z Gl a T v Y +4 •� rn r p rn a) a) cn A OI a) pi 1n (n u. cn A cn rn m pi In ri Temperature(°C) 9 D C Y ,...1 0 W 0 'CA LA (!i .0. W O fn -` L 0 6 to N a J. m A a. a -- V A N �l -a -1 A G a * �' Ph K W a o 0 p rn .s rn rn rn m m rn p m rn m p rn p m rn m mu, m rn p w m m m m im C o 'p W N 1.1 is i W N O DI N -+ + N O [J + r O N C g a m co L7 0 W N 8 8 "w 8[D 8 o o - 8 0 0 0 0 0 0 $ o $ c (6, 0 0 0 o O o o 0 o o Residual Chlorine .4. 0 1 faD D p y O O o O o O ��ii Q 3 a ` - J ` O Y m x n -lam 5 a 4' t7 w� oN o a =1 m rn a D m O1 w N m BODS 20�C '�� c T z Ill C�1 73 N n . o o _ m w o 0 .0 m o 0 0 .. o o w r o S V1 o = Z = 0 CI CI In (V 3 o m m ITi !7 m '1I ^ 9 Ammonia Nitrogen $ �Z Z o �; z -n `y am O 0 a m m tl s UI P- • W 0 COa - .4 m r -4 Q �• '� .! .. a p i 71 �' v. is i.� - in CO u, N W o -1 COm r o �. 0 0 m o 0 0 0 0 '� o o v o 0 o a _ o • p = C ' m c - i Total Suspended g -0 - m rn n i -W • _ { N N N W (J N N m m --i Z o ° m v w �' No p o m m �+ ^� o CO r Residue o m '� O O "� -gyp - - ... _ v -i A n O N A ^ A 8 Fecal Coliform(Geometric o -4 m 0 0 > 0 1 s o o CO x a w '1 n X O N N r W o L7 o s co 4. w p IU N m 0 a „ `:3i o Mean) m `n: m z m }[ T Z o - '--1--' rmn 2 w 1\ 0 0 Z • P Dissolved Oxygen 8 b n \\tea} 0 m /.... D O r p z -I * Co n • K 0 oy0 Tim o z N c0i Total Nitrogen - 8 `" a 03 % Z C) g m m x z w W 1 2 Total Phosphorus ,� m o (7 D n w r m GJ Z Y iv W w X po Z P) OC -p A A A n A ^ ^ r p 3' O • in w w. P 0 Cyanide N zi 0 N 0 0 0, 0 0 0 -0 r o L)1 y ra_ N - 0m� N'1 o m o p n a N -n TOXICITY z m -I 1m V D� 0 ei o 0 • N l m E �' i. Dm N N Q1 a�c xi cu cu rl .... _ - m m s1 C y i I 1 1 I f3a-C1✓ EFFLLeit,f I Lcerav prcKe) r Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant All monitoring data and sampling frequencies do NOT meet permit requirements X Noncompliant The permittee shall report to the Director 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 comment on corrective actions being taken in respect to equipment,operation, maintenance, etc.,and a time table for improvements to be made. "I certify, under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Steven C.Smith Permittee(Please print or type) G'_AU) c7c%-o7 Signature of Permittee" Date P.O.Box 125, Maiden, NC 28650 828-428-5020 ssmith mail.ci.maiden_nc.us 07131/2010 Permittee Address Phone Number e-mail address Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen ' 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Susppendec 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083,or by visiting the Surface Water Protection Sections's.web site at h2o.enr.state.nc.uslwgq and linking to the units information pages. Use only units of measurement designated in the reporting facility's NPDES permit for reporting data. • No Flow!Discharge From Site Check this box if no discharge occurs,and as result,there are 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 8AG 0204. "-If signed by other than the permittee,delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2) (D). t TOW II OF MAIDENm. /�,\ t. •'\ NORTH C A.R(Y NA / ., z r,5o 4.1, ' *QI pa BOX 125 - (828)428•SOf10 ". FAX (828)428-5017 - TOO 8W-735-2962 , \,\ i r / 0W January 4, 2008 Mr. Robert B. Krebs NC DENR MRO Surface Water Protection Regional Supervisor �V�( - Irf Water Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC. 28115 Subject Notice of Violation - Effluent Limitations Tracking No. NOV-2007-LM-0029 NPDES Permit No. NC0039594 Dear Mr. Krebs, The Town of Maiden has received the Notice of Violation letter of December 21, 2007 for the violations noted' Pipe Date Parameter Reported Value Permit Limit 001 4/2007 BOO 33.0 mg/1 (monthly average) 30.0 mg/I(monthly average) 001 4/29-5/5l07 Cyanide Failure to Monitor(weekly) Monitor Weekly We did exceed the BOD monthly average for the month of April, 2007. I don't know what happened to cause this violation and would only be speculation to give an opinion. I DID find the document showing we sampled for Cyanide on 4/30/2007, I corrected the limit violation for BOD on the original DMR but just missed the cyanide when amending the report, It was simply an error in transferring data from sheet to sheet and locating the sample, and results report. I am including the contract lab reporting sheets and chain of custody for 4/30/2007 which does show the sampling, and result, This would be the Monday for the first week in May 2007 sampling, I may have overlooked data or made mistakes in transferring data in my effort to correct the February, March, April, and May DMRs but it was not intentional. If there is anything else you need p e contact me or another operator at Maiden WWTP 828-428- 5032, or email tstiliwolprnaii GI n men FL t, : Thank you. Sincerely, -, a , --'7..5-, 2K,' '7474--IX" Tony l/Stilwell, Maiden WWTP Cc: Wendy Vanover, Interim Town Manager, Town of Maiden f I( PERMIT#: COLLECTION TIME: 1100 ADDRESS: Town of Maiden RECEIVED DATE: 4/30/2007 P.O. Box 125 RECEIVED TIME: 1400 Maiden, NC 28650 REPORTED: 5/31/2007 ANAL YSI S ANALYSIS EFF UNITS DATE ANALYST BOD 25.0 mglL 5/1/07 jdg TSS 24.0 mglL 5/1/07 jrg NH3 19.20 mg/L 5/9/07 jdg Fecal Coliform 31 1100mL 4/30/07 jrg Cyanide <0.005 mg/L 5/4/07 ANALYSIS INF UNITS DATE ANALYST BOD 273 mg/L 5/1/07 jdg TSS 244 mg/L 5/1/07 jrg LOG ID: 0704-526 REPORTED BY: NC CEERQTIFIED LAB#50 feci.01 Tony Gragg, Lab Supervisor . C r . , , 1,_ i r. ; , ci, . . , , , . , c J •-• 1 1 , - 'i T .du La s it , - , ,, .,.? ,, :._: : JIA, __L1',,o; 5 Pinewood Plaza Drive- P.O. Box 1056 Granite Falls, NC 28630 Phone (828)396-4444• Fax (828)396-5761 / CLIENT: Town of Maiden PHONE: ( ) P.O. Box 125 • TYPE SAMPLE: Wastewater Maiden, NC 28650_ - No. LOCATIONS: I SAMPLER NAME: SAMPLE COLLECTION SAMPLE TYPE CONTAINERS SAMPLE LOCATION GRAB i PLASTIC I FACILITY NAME DATE TIME TEMP°C COMPOSITE NO. GLASS ANALYSIS REQUIRED _ Town of Maiden N C0039594 Influent 473°47 9:(x)14 7 9c' COMPOSITE 1 PLASTIC BOD, TSS Effluent 4/39(C7 (11!/°'4 4.'if COMPOSITE 2 PLASTIC BOD,TSS, NH3 Effluent 4/47 it°D4 /73 GRAB _ 1 PLASTIC Fecal W30-7 9304 173 Cyanide Effluent GRAB 1 PLASTIC T.N. &T. PO4,Cu,Ag,Zn Effluent COMPOSITE 2 PLASTIC Counductivity Upstream GRAB 1 PLASTIC Counductivity Downstream _ GRAB 1 PLASTIC RELI • SHsfEAIY DATE: TIME: RECEgial + ' BY: DATE: TIME: 4/5nic 7 i/6 0 ,04sre dy V' 30107 I 1 d 0 _ FrISHED : 7:1A0/0_ TIME:/ RECEI VII . i ' . DA TIME: _ „...Z..4 •Cf PRES AT1ON: , oaf 4°C-BOD,TS , Conductivity [4_...Geor2i6-CpH<2 w/H2SO4-NH3, NO2-NO3,TKN, T. Phosphorus [ j Cool 4°C-Metals-Nitric Acid 2 3 [ --1---e0151 °-4C- 825203-Coliform Bacteria, NH3,T.N.T. PO4 [ J Cool 4°C-Ascorbic Acid, NaOH-Cyanide Sample Temperature al..ab (°C) 1 -Chlorine Residual `45Thg/1 2-Chlorine Residual 1-- mg/I 3 -Chlorine Residual mg/I NC CERTIFIED LAB#50 ! , ,. +`a F► rf`T ,% .'c111 01_11 4 - . "-r e RESEARCh & ANALyTICA1 •'`%G t.t-cH r1''�s C.Z:.1A-.1 LAbORATORIES.INC. = o O) C# Z: 4 -. x Analytical/Process Consultations ,.. '.pf: •r` 4 +priisallt0 Water Tech Labs. Inc. Date Sample Collected : 04/30/07 P.O. Box 1056 Date Sample Received : 05/04/07 Granite Falls, NC 28630 Date Sample Analyzed : 05/04/07 Attn: Heather Gragg Date of Report : 05/24/07 Analyses Performed by : DW Lab Sample Number 588993 Parameter Storet # Results Cyanide (00720) <0.005 mg/1 Clients Sample Source MAIDEN Number . Time Collected (Hrs) 0900 P.O. Box 473. 106 Short Street•kernersvilie, North Carolina 27284.336-926-2841 •Fax 336-996-0325 ....-.. 1- 1 L.r:__1___ EFFLUENT 9 NPDE NO-. NC 0039594 DISCHARGE NO MONTH April YEAR, 2007 FACILITY NAME: Town of Maiden ct.Ass': III COUNTY: Catawba CERTIFIED LABORATORIES(I) Pace,Analytical Services, Inc. CERTIFICATION NO. { to at r 40& 12 t l€sI additional laboratories on the.backsideVega2 of this teen) OPERATOR IN RESPONSIBLE CHARGE(ORE) Tony R. Stilwell GRADE IV 'CERTIFICATION NO. 26624 PERSON(1 COLLECTING SAMPLES Laboratory Technicians ORC Pt NE828-428-5032 CHECK BOX IF CRC HAS CHANGES < NO FLOw I DISCHARGE FROM SITE* MAIL ORIGINAL AND ONE COPY TO; I AMENDED DM A'TN:CENTRAL FILES Division of Water Quality 1617 Math Service Center X 01/03108 Ram,NC 27 9-1617 (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE BY THIS SIGNATURE,l CERTIFY THAT THIS REPORT IS ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE I150 00010 00400 50060 00310 00610 005 31616 00300 �5a 00720 TGPTO LtoMV 1 E 1ELI FA ARAETt t 4 op EFF.. C c 4s ABOVENAME AND UNITS 04F X C i ii y E BELOW t7Va ': a y zC *a C . 5 0 .0 D f p ,.. 12. ", i, :0�C CJ as r1S ." G. let — _ Ali C _ C i C 14RSS HRS Y£hi MOD "c + S.U. u('.StT Wit.. I, M W ' Meet e1OOML MG/t M. MG#L I 1.1Gil I 1 11 .V Oici 14 'SA.,. . 1.etr, i,,... 1111 + + III is II + i9.20 III III + , � , 63 " 1 + 2010 17,1 6.1..._ 40.... + m o a 17,4 6.1 :. » 30 0700 6 1111 02574 luta 6,3 IMII, 25.0 1620 'IIIMII IIIIIIIIIIIIIII l`` l,, .!,ll,IIIIMIIIMIIIIIIIIIIIIII AVERAGE: MA6 , ts 1277 j 33 , 17 38 , 26 11 _ !! ,,, 2-1,8 3.13 .3, .! ,5 ,.! PASS_.. ,,, MINIMUM: al= 14.7 6,0 100 17 11.50 19 ,3: 1 21.6 3.13 4 5 PASS d 1 r , G) OF 0 _ ' a C 4 . ' . Monthly Limit It I MOD N/A to 9 NIA 0 N/A O 21 t1ttCt NIA NIA NIA 22 PASS DWQ Form MR-1(Rem 111O4 Michael F.Easley,Governor "F AT�c� William G.Ross Jr.,Secretary fi " " C. North Carolina Department of Environment and Natural Resources co"'" P Coleen H.Sullins,Director Division of Water Quality CD January 8, 2008 EDDIE FAULKNER TOWN OF MAIDEN w, 113 WMAINST MAIDEN NC 28650 9 SUBJECT: Payment Acknowledgment NC DENR MR0 Civil Penalty Assessment Maiden WWTP DINC-Surf ce Wafer Pr , Permit Number:NC0039594 Case Number: LM-2007-0052 Catawba County Dear Mr. Faulkner: This letter is to acknowledge receipt of check number 060046 in the amount of$2,583.89 received from you dated January 3, 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 L. Sledge at 919-733-5083,Ext. 547. Sincerely, 442->leU Dina Sprinkle cc: Enforcement File#: LM-2007-0052 DWQ Mooresville Regional Office Supervisor Central Files N re Canal' a Naturally 1617 Marl Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Set vice 1 800 623.7748 , . .4 • -1. , • . . . . ,..• r -, • ... , . . , , • , - , .., - •,•,,,,e4•.„,14•, '..-...f'' :iiiII:•, :-'•Vi,A,, b u, 4 6 - • WARNING-THIS CHECK HAS A COLORED BACKGROUND frkN,DriTrr..,1 ),:r„Fiq.‘?;,..,,,,,,...4,!,F.:41A.,11..sEC7,70,F0E,;70RES.. .„. •-ip.,,o t,-,,t,,,,,,:, p;v•.,,t-voz,. ,"'*1.11:'+';}"„f#eFinpliji'.f(lii, :011 I°.YN ‘11.."'''.'-', - K•EiTriit CornPanil'--4, ,.„,..__„2„. _„,,. ....„.....,, AL.,...:;..,..,..v.„.„:::::,„-A.,,,:::-#.010,„00,,,„.,,,,,,,."Ar.,,,„,-ArA4?-:-01 rp•-,1" ??" rwrvi A, ..i •lit •,:d.....; c!..kv0., Aek!:••...,..h.2.,.-Ftrst Crttzefks_Pgi, ,„L...,.. 4...r.r4,,,. ,,I:.,1,1•,,,.ji 1. 4v. :,1 t,, '..9'4:-t,..t..‘•.'''..-'..-.t.%'-,,,-;4'•,v a•'rv.r. ,P6' ''• • 'I.KGAT;17,-`e-A1:-67',44 A,A4'... t4-',+r-' .. ,6•. -' s';•••'' .-kh X rirr'•ku•a•-•uz,,,,\-,..,,l.,,i\n:,-A-v ,,,,:,-,?\,1-',--,-.t• -,.',,....,.ol,1,,i.±,4q.ti,,A1,,tv,.1?,,,.c.,P,,...„,-....,1,,,v,:,-,,',v:. ."...c .' . 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' . • - . ) • F'N A TE Michael F.Easley,Governor `��p..- �QDWO:7C William G.Ross Jr..,Secretary ' North Carolina Department of Environment and Natural Resources co Coleen Sullins.Director 7 Division of Water Quality Aye December 13,2007 CERTIFIED MAIL 7006 2760 0001 8497 4748 RETURN RECEIPT REQUESTED Mr. Todd Clark, Town Manager Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 ' 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.NC0039594 Maiden WWTP Catawba County Case No. LM-2007-0052 Dear Mr. Clark: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2583.89 ($2500.00 civil penalty+$83.89 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for March 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No.NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden __ _ violated the terms, conditions,or requirements of NPDES Permit No.NC0039594 and North Carolina General Statute(G.S.) 143-215.1(a)(6)in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,I,Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region,hereby make the following civil penalty assessment against the Town of Maiden: NCDENR N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 711111 0 For 1 of the one (1) violation of G.S. 143- 215.1(0(6)and NPDES Permit No. NC0039594, by failing to monitor in violation of the permit effluent monitoring requirements for fecal coliform. 500.00 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594,by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for fecal coliform. 0 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for BOD. 0 For 1 of the one(1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 0 For 1 of the one (1)violation of G.S. 143- 215.1(a)(6)and NPDES Permit No.NC0039594, by discharging waste into the waters of the State in violation of the permit minimum pH effluent limit. 500.00 For 1 of the one (1) violation of G.S. 143- 215.1(a)(6)and NPDES Permit No. NC0039594,by discharging waste into the waters of the State in violation of the permit weekly average effluent limit for total suspended solids. $ 1500.00 For 1 of the one (1) violation of U.S. 143- 215.1(a)(6) and NPDES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for total suspended solids. pr $ 2500.00 TOTAL CIVIL PENALTY 83.89 Enforcement costs. P. $ 2583.89 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b),which are: (1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; • (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources(do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 • OR ggll 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. 14.3B- 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.and 5:00 p.m., except for official state holidays. The original and one(1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed—provided the original and one copy of the document is received in the Office of Administrative Hearings within five(5) • business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina. 27699-6714 Telephone: (919)733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: • Ms.Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one 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 141 operation and/or maintenance problems,and you anticipate remedial construction activities, then ou ina wish to consider a 1 'n for a S cial Order b Consent. If ou have an uestions about this civil penalty assessment or a Special Order by Consent, phase contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699, 12 it I i 4 0 e.--- (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File wl attachments Central Files w/attachments :D 1 ATTACHMENT A CASE Nth LM-2007-0052 Outfall Date Parameter Reported Value Permit Limit • 001 3/5-9/07 fecal coliform failure to monitor monitor 3X weekly 001 3/12-16/07 *fecal coliform 3603/100 ml 400/100 ml (weekly avg.) 001 3/5-9/07 BOD 53.3 mg/I 45 mg/1 (weekly avg.) 001 3/2007 BOD 31.8 mg/1 30.0 mg/1 (monthly avg.) 001 3/24/07 pH 5.8 s.u. pH 6.0 s.u. (minimum) 001 3/5-9/07 *TSS 58.0 mg/1 45 mg/1 (weekly avg.) 001 3/2007 *TSS 37.4 mg/1 30 mg/1 (monthly avg.) * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTTRATIVE HEARING AND TOWN OF MAIDEN ) STIPULATION OF FACTS PERMIT NO.NC0039594 ) FILE NO. LM-2007-0052 Having been assessed civil penalties totaling $2,583.89 for violation(s)as set forth in the assessment document of the Division of Water Quality dated December 13,2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2007-0052 Assessed Party: Town of Maiden County: Catawba Permit Number: NC0039594 Amount Assessed: $2,583.89 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver ofRight to an Administrative Hearing-Land 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 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 more of the civil penalty assessment factors inN.C.G.S. 143B-282.1(b)were wrongfully applied to the detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting 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 aresult of an accident(i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions(i_e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY Violator: Town of Maiden Facility: Maiden WWTP County: Catawba Case Number: LM-2007-0052 Permit Number: NC0039594 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; Permit limit violations for BOD and TSS would be predicted to lower the dissolved oxygen content of the receiving stream. Fecal coliform limit violations could indicate a threat to human health. 2) The duration and gravity of the violation; The violations occurred during the month of March 2007. 3) The effect on ground or surface water quantity or quality or on air quality; No adverse impacts are expected on ground water or air quality. Surface water quality would likely be impacted by the violations. BOD and TSS limits violations could cause lower dissolved oxygen concentrations and turbidity in the receiving stream resulting in stress to aquatic life.Fecal coliform limit violations would pose a threat to human health and adversely impact best usage of the receiving stream. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; A specific monetary amount saved by the noncompliance is unknown;however,money may have been saved by failing to properly operate and maintain the facility 6) Whether the violation was committed willfully or intentionally; The violations do not appear to be willful or 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. Case Number Description LV-2006-0109 TBOD monthly avg. violations assessed$828.95 case dosed 5117/2006 LV-2003-0481 TSS weekly avg.violations assessed$335.45, case closed 10128/03 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was$83.89. Date RO Supervisor Division of Water Quality Report Date: 12J06I07 Page: 2 of 10 MONITORING REPORT(MR)VIOLATIONS for: _ _r v; it .; 4r B � 0 Violation Cate og Category:MR Between: 3 204T and'. :3-2007 Region Moaresvi[]e g.ry Limit Violation 'bra ram Cate o NPDES, ,INW' .- Permit: a % r '< Param Name:% } r County %, tF '" , # - 5ubbasin % Violation Ackon x� t' Facility- .: r Name: % a f ..,. - y d_n• '{ y. n. y Yx a t� t �v ;qP- � �. ",. ^4 3 r °'gym --r 'Maio!Minor: ,... _ ....,.�,.t'..+y ., .� ,.,f_......T_r.,r .....,n_ 2.-:.....-,.. --- ,__.._ _._.._.,.--- - . . �_,. PERMIT:NC0039594 FACILITY: Town of Maiden-Maiden WWTP COUNTY:Catawba REGION: Mooresville ii Limit Violation f:P`� -, .':.1. . b... s; .. ��, .,-'A MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE I �� VIOLATION TYPE VIOLATION ACTION 03-2007 001 Effluent BOD,5-Day(20 Deg.C) 03110/07 3 X week mg/I ' 45 53.37 Weekly Average Exceeded None 0 03-2007 001 Effluent BOD,5-Day(20 Deg.C) 03/31/07 3 X week mg/I 30 31.77 OD Monthly Average Exceeded None 0 Coliform,Fecal MF,M-FC 03/17/07 3 X week #I100m1 400 3,606.78 Weekly Geometric Mean None 03-2007 001 Effluent Broth,44.5C Exceeded 03-2007 001 Effluent Solids,Total Suspended 03/10107 3 X week mgli 45 58 2 �(J Weekly Average Exceeded None 5-0 03-2007 001 Effluent Solids,Total Suspended 03/31/07 3 X week mg/I 30 37.41 i47 Monthly Average Exceeded None t • 03-2007 001 Effluent pH 03/24/07 3 X week su 6 5.8 Daily Minimum Not Reached None () PERMIT:NC0040797 FACILITY: City of Hickory-Henry Fork VWYfP COUNTY:Catawba REGION: Mooresville Limit Violation VIOLATION UNIT OF CALCULATED MONITORING OUTFACE 1 REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 03-2007 001 Effluent Nitrogen.Ammonia Total(as 03/24/07 5 X week mg/I 18.6 21.8 Weekly Average Exceeded None 03-2007 001 Effluent Nitrogen,Ammonia Total(as 03/31/07 5 X week mgn 6.2 16.26 Monthly Average Exceeded None P. ,.+. r,a i 4�tt t' +Y t!v [wh" .UC,S� gip+ F z ._8 J � I.•-a nric,8118 ; Cu9 pry,p�{ : . s. Ca S'J 5..�"M t'?xicie,„1,.; Cap rak i r�va6 ore c) M 0 t1 ' a > 4 al #Ti�1rt8Pl 4 T 1 a ,,. ea 11 00 d GaC CI 'k S9 M 10 r 11, ma � „I ca.v'a 1 ca ca "' ca ns �... ra + C. m ca c:, ' c.^' �a t°'" rcai t1,� 4= sa' -- 1 a0 .? 0 Rate N 1 ws v is, 0 il .` ' m lt,J t4 ) m. ra 4 �;"i T roper !.re ire. , a., - x :x a mi 1 P� N .. asa w;T 4"fk GH L"�L4 d7Y .. q^4 F Residual hkC in M ta its K, ,. 1 a 4� II� 2 rh �n v AmmoniaNitrogen i! Z 1 0 0. _III ▪ �- g M ; ▪ 04 "4 \ as u r', Total Suspended Residue Im -4 rk 4=1 rasa es cIi 4. .ice e' 1a9ifcnt{Geometric ° s 7 * t?4 rg y t" 4) >' f' to It 1 , 4 co. 4,4 r , G, r r- 0 e .. C r ka4 v.1Cij. III E" ' CI inairmil A.iirTotal Phosphorus . ,. . 1, �' ' co t, Cyanide 8 IF rs 4 0 gas � 4. T TOXICITY ca a ,. amm IIIIIIIIIIIIIIIIIEII tsa0 .4 ��w s1 0 I Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements Compliant • All monitoring data and sampling frequencies do NOT meet permit requirements X Noncompliant The permittee shall report to the Director 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 comment on corrective actions being taken in respect to equipment, operation, maintenance,etc.,and a time table for improvements to be made. "I certify, under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is, to the best of my knowledge and belief,true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." • Steven C.Smith Pe ittee(Please print or type) Signature of Permittee** Date P.O. Box 125, Maiden,NC 28650 828-428-5020 ssmith@tnail.ci.maiden.nc.us 0713112010 Permittee Address Phone Number a-mail address Permit Exp. Date PARAMETER CODES 00010 Temperature 00556 Oil&Grease 00951 Total Flouride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total Kjetdhal 01027 Cadium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromiur 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper 34481 Toluene 00530 Total Susppendec 00927 Total Magnesium 38260 MBAS Residue 00929 Total Sodium 01045 Iron 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01051 Lead 50050 Flow Parameter Code assistance may obtained by calling the Water Quality Compliance Group at(919)733-5083, or by visiting the Surface Water Protection Sections's web site at h2o.enr.state.nc.uslwgs and linking to the units information pages. Use only units of measurement designated In the reporting facility's NPOES permit for reporting data. * No Flow!Discharge From Site Check this box if no discharge occurs, and as result,there are 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 8AG 0204. ***If signed by other than the permittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506(b)(2)(D). 07 01 :51p Mike LingerfeIt 8 8-42B-5EQ6 p. 1 Town n of Maiden 428-5032 Fax 428-5606 FAX TRANSMISSION COVER SHEET Date: March 9, 2007 To: John Lesley Fax: 704-663-6040 Re: Change of ORC Sender: Mike Lingefclt YOU SHOULD RECEIVE 2 PAGE(S), INCLUDING T HIS COVER SHEET IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 428-5032. John, I sent this memo to Training &Certification informing them of my change of positions. The memo is requesting that my name be removed as ORC of the WWTP & Backup-ORC for the Collection System for the Town of Maiden. Also, I'm requesting that Jamie Sr..Don (City of Lincointon) be removed as Backup-ORC's for the plant as well. 07 01 : 51p Mike Lingerfelt 828-428-5606 p. 2 Memorandum To: NCDWQ TRAINING&CERTIFICATION UNIT CC: JOHN LESLEY,NCDWQ-MOORSEVELLE REGIONAL OFFICE KEVIN SANDERS,INTERIM TOWN MANAGER From: MICHAEL LINGERFELT . - Date: 03/09/2007 Re: ORC CHANGE-TOWN OF MAIDEN WWTP This memo is to notify the NCDWQ Training&Certification Unit that effective 3/16/07 ad 3:00 p.m.,I will be leaving the Town for a new job with the City of Charlotte. My name needs to be removed as ORC of the Maiden WWTP(NPDES#NC0039594)and removed as Backup-ORC of • Maiden's Sewer Collection System(NPDES#WQCS00120). Also,the Backup-ORC's for the Maiden Wastewater Plant(NPDES#NC0039594)needs to be removed at the same time. James Rhyne&Donald Burkey currently are listed as the Backup-ORC's. Listed below are our certificate numbers and signatures. Michael Ray Lingerfelt Grade IV-#12968 /J.CeI/ ie. r'�t-Apji James S.Rhyne Grade IV-#8363 a''ir tal--- A• ��1."" Donald A.Burkey,Jr Grade IV-#13485 ()I A g(2,42-j I have advised the Town's interim manager(Kevin Sanders)that they need to assign a ORC and a Backup-ORC as soon as I leave. If there are any questions concerning this matter,give me a call at 828-428-5032 or Kevin Sanders{cry 828-428-5007. Thanks, Michael Lingerfelt • Michael F.Easley,Governor W A rE William G.Ross Jr.,Secretary C 0 RQ North Mina Department of Environment and Natural Resources i Coleen Sullins.Director Division of Water Quality l 0 December 21,2007 CERTIFIED MAIL 7006 2760 0001 8497 5417 RETURN RECEIPT REQUESTED Steven C. Smith Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 Subject: Notice of Violation-Effluent Limitations Tracking#:NOV 2007-LM-0029 Maiden WWTP NPDES Permit No.NC0 03 9594 Catawba' County Dear Mr.Smith: A review of the May 2007 self-monitoring report for the subject facility revealed violations of the following permit limit and monitoring requirement: Pipe Parameter Violation Permit Requirement 001 BOD 33.0 mg/1 (monthly avg.) 30 mg/I (monthly avg.) 001 Cyanide Failure to Monitor Monitor Weekly (week of 4/29—5/5/2007) 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, i°e4 4 Robert B.Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch • Catawba County Health Dept. `1 s�i'�� N Carolina i�I L�EP� VhlraII i N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 1 n� 8 TOWN OF MAIDEN TiIF' 4 NORTH CAROLINA ��,,�,_,.c �N . ,w 7'f. ors r,;:laFp, 28650 if.r �.� P.O.BOX 125 - (828)428-50007ia ' ' A •AX (828)418-5017 • TDD 800-735-2962 01 L/` .„ .I., �CO.�n..t4- real � JUL C ITS June 29, 2007 15 Ms. Marcia Allocco INAPT : ;�.}r ' 1v , 3?; Mooresville Regional Office `°�� .- 1 •-. . . 1 t.- ,,a, 1N-' 610 East Center Avenue, Suite 301 Mooresville,NC 28115 Subject: Response to Notice of Violation—Effluent Limitations #NOV-2007-LV-0358 Maiden WWTP NPDES Permit#NC0039594 Catawba County Dear Ms Allocco, We have received your Notice Of Violation: Date Parameter Reported Value Permit Limit 2/28/07 BOD 34.2 mg/L(Monthly Average)30.0 mg/L (Monthly Average) I recently became the Wastewater Superintendent for the Town of Maiden. When looking over several months of DMRs, I noticed discrepancies, which need addressing along with this NOV. When I found these problems I contacted Mr. Wes Bell with the Mooresville Regional Office about"what to do". Mr. Bell said that I needed to submit amended copies of the DMR,s in question and note the violations. I have since received the NOV and I will respond to each DMR in this letter. If this is not acceptable to you please let me know and I will do a separate letter for each. DMR Parameter Reported Value Permit Limit February 07 BOD 34.2mglL Monthly Average 30mg/L Monthly Average March 07 BOD 31.8 mg/L Monthly Average 30.0 mg/L Monthly Average Dates 6-8 . BOD 53.4 mg/L Weekly Average 45.0 mg/L Weekly Average March 07 TSS 37.4 mg/L Monthly Average 30.0 mg/L Monthly Average Dates 6—8 TSS 58.0 mg/L Weekly Average 45.0 mg/L Weekly Average April 07 BOD 33.0 mg/L Monthly Average 30.0 mg/L Monthly Average Dates 9—11 BOD 58.0 mg/L Weekly Average 45.0 mg/L Weekly Average May 07 BOD 33.0 mg/L Monthly Average 30.0 mg/L Monthly Average There was not an explanation of the limit violations on the February,March or April DMR, s but May has a hand printed statement noting the monthly limit violation. I don't have an answer as to why this happened or what was done to remedy the problem.I do understand there was a problem but I was not here then and cannot speak to those matters from personal knowledge. It is my understanding that in March of 2007 the Operator in Responsible Charge and the plant Grade I Operator both left the town for other employment. One grade 2 Operator from a chemical reduction industrial pretreatment plant, (unfamiliar with biological treatment and hired only 8 days prior to the ORC and Operator leaving)he kept the plant operating. The testing and plant monitoring had been designated to contract laboratories that were,the ORC and back up ORC for the WWTP. The DMRs were compiled by these labs and signed by the Interim Town Manager who assumed they were complete and accurate. I looked over the DMR,s in question, noted the limit violations, and then signed as the ORC. I did NOT compile these reports originally so these amended copies are in response as requested. I am the designated Operator in Responsible Charge of the Town Of Maiden's WWTP, as of June 13,2007. 'We now have 2 Grade II Operators and I have a Grade IV. We are learning how a UNOX system works. Water Tech. Inc. does most of our testing but we still do field parameters. Mr. Chet Whiting has visited us and is helping get the lab back in compliance. We will continue to improve the quality of Effluent discharged and believe we have better control of the facility.I believe the reporting problem is solved and there shouldn't be continuing limit violations as we continue learning how this UNOX system works. As you know,Maiden will soon take bids to upgrade with the construction of 2 SBR,s and other new systems. The town is expecting to start the construction in August of this year. We are expecting to keep this plant on line and compliant until the new system is in place and then switch over. That is my understanding. Please contact me or anyone here at the WWTP 828 428 5032, (cellular 828 320 9728) or fax 828 428 5606 if we need to do something else. Sincerely, Tony R. Stilwell, Maiden WWTP Cc Mr. Robert B. Krebs Regional Supervisor Surface Water Protection TOWN OF MAIDEN F 414� NORTH CAROLINA t I` lingi1�" 28650 t 1 :'‘At.OFFICE TM ' P.O.BOX 125 • (£128)428-5(X)O `i _02 ( FAX (S28)428-5017 •. TDD gOo-73�s-2962 _�u ! SEP 1 2'° 0 1883 August 31. 2006 1, t ITV 11 Marcia Allocco NCDWQ 610 East Center Ave, Suite 301 Mooresville, NC 28115 RE: NOV RESPONSE Dear Ms. Allocco: This letter is in response to the Notice of Violation (dated 8/7/06) sent to the Town of Maiden. As stated in DMR for May '06, some type of chemical (white color) was observed coming into plant that day. It had a very strong "chemical odor". Staff tried tracking the discharge back up the collection system. There is a vendor in Town that receives various chemicals in large totes and transfers to smaller drums for reshipment. They also take concentrated chemicals and dilute with water to make other/weaker solutions. We suspect that this company (Lowe-Tek) was the source of the discharge. We checked their discharge in the manhole, but nothing was coming out. The reason we feel this was the source is a lot of the chemicals they deal with are white in color and have strong odors. We did talk to their people about the"slug" that hit us. Since, we have been watching their facility more closely. They are a very small operation and most of their water consumption is used in the process. Most of their discharges are from cleaning out their totes. We told them to keep this at a minimum due to the fact they are dealing with concentrated chemicals and a small amount could be too much for our plant to handle without causing future upsets. Their staff has been cooperative. If any additional information is needed or there are any questions concerning this response, give me a call at (828) 428-5032. Best regards, f/ , l �..„ - /- Michael Lingerfelt WWTP Superintendent l () W A rk'RvG Michael F.Easley,Governor William G.Ross Jr.,Secretary ,ID North Carolina Department of Environment and Natural Resources 4 C Alan W.Klimek,P.E.Director Division of Water Quality August 7, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3494 7080 Mike Lingerfelt Wastewater Treatment Superintendent Town of Maiden PO Box 125 Maiden,NC 28650 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV-2006-LV-0377 Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr. Lingerfelt: A review of the May 2006 self-monitoring report for the subject facility revealed a violation of the following parameters: Pipe Parameter Reported Value Permit Limit 001 Total suspended solids 46.2 mg/1 (Weekly average) 45.0 mg/1 (Weekly average) 001 BOD 52.3 mg/1 (Weekly average) 45.0 mg/1 (Weekly average) 001 BOD 47.7 mg/1 (Weekly average) .45.0 mg/1 (Weekly average) 001 BOD 36.6 mg/1 (Monthly average) 30.0 mg/1 (Monthly average) • Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations.If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Ms. Marcia Allocco of this Office for additional information. • It is requested that a written response which addresses the status of your investigation regarding the plant upset which occurred on May 2,2006,be submitted to the attention of Ms. Marcia AIlocco of this Office by no later than September 3, 2006. If you have questions concerning this matter,please do not hesitate to contact Ms. Allocco or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Al NpOn,�s Carolina NCDENR ,Naturally Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: unti w,ncwateraual ity.org 610 East Center Ave,Suite 301 Mooresville,NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledl10%Post Consumer Paper Michael F.Easley,uovernor William G.Ross Jr.,Secretary (;)� North Carolina Department of Environment and Natural Resources 1 ✓� v Alan W.Klimek,P.E.Director � Division of Water Quality -c" AJ0,\ r(L),"/ May 17, .2006 tl p( r vt i`. ht.:A m Todd Clark, Manager Town Town of Maiden PO Box 125 Maiden,NC 28650 SUBJECT: Payment Acknowledgment Civil Penalty Assessment Maiden WWTP Permit Number: NC0039594 Case Number: LV-2006-0109 Catawba County Dear Mr. Clark: This letter is to acknowledge receipt of check number 056632 in the amount of$828.95 received from you dated May 10, 2006. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L Sledge at 919-733-5083 Ext.547. Sincerely, Frances Candelaria cc: Enforcement File#: LV-2006-0109 DWQ Mooresville Regional Office Supervisor Central Files NA Carolina aturallrf 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 • • • • I r ~ ` S �— i,i$Iiii,,,is I,1,,b,11,,,,)„"'Iii0.".,,,.tft, . , '1 P:1,11#402:„ ( il, f if ((t, r fir.rrl�7irj• iTjr,,�arr#U�ss i "Of � �;, � � 1t���l + '1.f? 71��5��i si� j y' } �':. \l`® i l ;' (�$: fr( i.:� 1 S ! L11� , . 7l �` T�83 rr )1 jj�ff ,,I, k, r y , . >s.;t i UATE CHECK NO. CHECK AMOUNT �� 1181 � � r i f d t i1it () i q 1 r l' ! :fiyfre;r6' Io ?,` ' �Y,g�' `tiv§—, v. ./ a✓•�' . i� d - 4�. 2 9 . 7' - ,,, „ , Dd9.5�` S ,� , ,r. -4., .r Jf7F � f1 �s 1 1PP or( fl1 y F3 5., 1 4 \, - r ,f1 / J j t % ., ADIS8UFLSEME11 1 .:19EEN,APR4VEQ6,$,R Q 9` t} I li 4, -,-•1 \k,N.„.44-0,:ii,,,,,*-iiisio,...ii,,ii-1, �P `~ i t/ r! ��fl f_ ,714 Ott a HE LOCAIJ agoY-ER JME T laU 0 { E L CT. DELI: e - .' u t I i NQ Isc �.coN`rRo�n• 1 �:_ ..- OF ENVIRONMENT- 84 7if7►1 li � i s f f; ,f '' 1.PT, �u�+l�r r; I , f)) i (p'/ r---=, /" //,.7 rn,s1 r r ... ..I.L4Lt7 -tv .Y ff f f t. dA, l 1 4(,i'� �, (i f!-f, l [ E • `•;� 4E�"' '�/ Y � s: ,rt srr.t arrlaev ,,: I � ,i. {t� �F i�� �"if -� AE,SOURCF,S.� I-V OF ,x T}f1ER Q A iTtix ' i:. , j r �,�s ,, '1 r t ' (a. i� 1�, �v !•j!/ fr/.�.f>�/..e4:✓;;.� .r/ff/r:Y.I� r ,� � ' �- e RER- 44,11 ��"" Ni3` ER!II,IC EN!£E... tr i / ofe It to �. x �'� g !d� : : • ' �� lr l��,,// F• f :414,414140'` ,j77 /1!�lr s sif#•�URj. :ING }� rfl I by .,..4, , 4,, • --g�,, � $li �1 min - L •rj,J ll .' J-; � s�.It id )l) e7i-e i/ (.( �� - r!>tC S - / f'.' ' � O 8✓ f 1 �-, -! '•'' s�i Y.�i+1lFY fi I 'WC / u'0 5 . 3 2u' i:D S 3 iD0 30D�. 78 7 i 2❑ 266 7n• l� �� � • O�OF W A rERQG Michael F.Easley,Gove or J/L— • . y • William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources 4 — `C Alan W.Klimek,P.E.Director Division of Water Quality April 24, 2006 CERTIFIED MAIL 7003 2260 0001 3493 8941 RETURN RECEIPT REQUESTED • Mr. Todd Clark,Town Manager Town of Maiden 113 West Main Street Maiden,North Carolina 28650 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.NC0039594 Maiden WWTP Catawba County • Case No. LV-2006-0109 Dear Mr. Clark: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $828.95 ($750.00 civil penalty+ $78.95 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data from February 2006. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions or requirements of NPDES Permit No. NC0039594 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, D. Rex Gleason, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Town of Maiden: \raw No�rh�rCarolina ENR )Vatura!!y Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: www.ncwaterqualitv.org 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 $ 750.00 For I of the one (1) violation of G.S. 14.3- .215.1(a)(6) and NPL)ES Permit No. NC0039594, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 750.00 TOTAL CIVIL PENALTY $ '78..95 Enforcement costs. 828.95 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the 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: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form), Payment of the penalty will. not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the 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 3. File a petition for an administrative hearing with the Office of Administrative Hearings: • If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of • Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between.the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Please indicate the case number(as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. • z 2 JL — (Date) D. Rex Gl,ason � , P.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 • JL • ATTACHMENT A CASE NO. LV-2006-0109 Pipe No. Parameter Reported Value Permit Limit 001 BOD * 37.7 mg/1 (monthly average) 30.0 mg/1 (monthly average) * Denotes civil penalty assessment I • • • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA • IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND TOWN OF MAIDEN ) STIPULATION OF FACTS ) PERMIT NO. NC0039594 ) FILE NO. LV-2006-0109 Having been assessed civil penalties totaling$828.95 for violation(s) as set forth in the assessment document of the Division of Water Quality dated-April 24, 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 I DWQ—CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: LV-2006-01 09 Assessed Entity: Town of Maiden Region: Mooresville County: Catawba ( ) Whether one or more of the civil penalty assessment factors were wrongly 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; ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Decision: (Check One) Request Denied ElI Full Remission I I Partial Remission —1 Amount Remitted Date Alan W. Klimek, P.E. 9 Michael F.Easley,Governor p� William G.Ross Jr.,Secretary r North Carolina Department of Environment and Natural Resources p -C Alan W.Klimek,P.E.Director Division of Water Quality December 19, 2006 . �cr t.0r ec-ithLlNtat .A + p WO' �N-50!lRCEB 172 r BFGlO".;1 OFFICE tdpoR�SV1tl _ _- n Mr. Michael Lingerfelt FL Town of Maiden WWTP Lab. P.O. Box 125 DEC 2 200t Maiden, NC 28650 SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal ����1® �. Dear Mr. Lingerfelt: The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H .0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact your assigned inspector Chet Whiting at (704) 235-2201, if you have questions or need additional information. Sincerely, Gam - 51, Pat Donnelly Branch Manager Enclosure cc: Chet Whiting Mooresville Regional Office N0hCarolina N&aturally Laboratory Section 1623 Mail Service Center Raleigh,NC 27699-1623 Phone(919)733-3908 Customer Service Internet: www.dmallab.org Location: 4405 Reedy Creek Rd.Raleigh,NC 27607 Fax (919)733-6241 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF THE • ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C.G.S.143-215.3(a)(1),143-215.3(a)(10)and NCAC 211.0800: -1.4 5rA7', 'coN Aid' IA/.Y Zo ins p.x.,,, .5.. . 11.../:"1-? 3 tit),v_., A. , ! ..'. „.4 e)cts le; K...,...,,. • . Ssf Qflq TOWN OF MAIDEN WWTP LAB. Is hereby certified to perform environmental analysis as listed on Attachment 1 and report monitoring data to DWQ for compliance with NPDES effluent,surface water,groundwater,and pretreatment regulations. By reference 15A NCAC 2H.0800 is made a part of this certificate. This certificate does not guarantee validity of data generated,but indicates the methodology, equipment,quality control procedures, . records, and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31,2007 . Certificate No. 172 . /-)671 ?t, ""1-14-- Pat Donnelly Attachment North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing ab Name: Town of Maiden WWTP Lab. Certificate Number: 172 ,ddress: P.O.Box 125 Effective Date: 01/01/2007 Maiden,NC 28650 Expiration Date: 12/31/2007 Date of Last Amendment: lie above named laboratory,having duly met the requirements of 15A NCAC 2H.0800,is hereby certified for the measurement of the parameters listed below. CERTIFIED PARAMETERS NORGANICS • 30D Std Method 5210E 2ESIDUAL CHLORINE Std Method 4500 CI G .7.:OLIFORM FECAL Std Method 9222D(MF) CONDUCTIVITY Std Method 2510B DISSOLVED OXYGEN Std Method 4500 0 C AMMONIA NITROGEN Std Method 4500 NH3 F pH Std Method 4500 H B RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550B • This certification requires maintance of an acceptable quality assurance program,use of approved methodology,and satisfactory performance on evaluation s subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807. WATF9 QG Michael F.Easley,Governor 7Carolina ,_„ � ,.,!,Wdh ,S Jr..,Secretary pror North C�rolin of Ermvironnieni-Y end NUral Resources Alan W.Klimek,P.E.Director Division of Water Quality November 14, 2006 C. Todd Clark Town of Maiden P.O. Box 125 Maiden, NC 28650 Subject; Receipt of permit renewal application NPDES Permit NC0039594 Maiden WV(rIP Catawba County Dear Mr. CIark: The NPDES Unit received your application and check #057667 for$860,00 (major rnodifications) on November 9, 2006. ,A member of the NPDES Unit will review your application. They will contact you if additional information is required to complete your permit renewal. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 363. Sincerely, 0.) Carolyn Bry Point Source Branch cc: CENTRAL FILES NPDES Unit N)thCaro irsa )atura/ly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet h2o.enr.state.nc.us 512 N.Salisbury St. Raleigh,NC 27604 � FAX (919)733-2496 I-877.623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycledll©%Post Consumer Paper TOWN OF MAIDEN V�� M, NORTHCAROLINA Z 28650 1' 1 P.O.BOX 125 • (828)428-5000 itli.iFAX (828)428-5017 • TDD 800-735-2962 OFFICE OF TOWN MANAGER November 7, 2006 Mr. Matt Matthews, Point Source Branch Chief North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 RE: Request For Time Extension Total Residual Chlorine Limit NPDES Permit No.NC0039594 Town of Maiden,North Carolina Dear Mr. Matthews: The Town of Maiden hereby respectfully requests a major modification to the Town's existing NPDES Permit No. NC0039594 regarding the effective date for the total residual chlorine (TRC) effluent limit. Please find enclosed a check in the amount of$860.00 to cover the major modification fee. The Town's NPDES permit was renewed by NCDWQ on February 14,2006, and includes a TRC effluent limit of 28 µg/1 that is currently scheduled to take effect on September 1, 2007. In addition,the Town is currently near completion of the design phase of a major upgrade to the facility that is proposed to include new biological treatment units,a new chlorine contact basin,and new dechlorination facilities. The Town hopes to have the new components of the plant upgrade constructed and on-line by September 2008. The design and construction of the dechlorination facilities with the plant upgrade will result in considerable cost savings to the Town. Without an extension to the TRC effective date,the Town would likely be required to install a temporary dechlorination system that would then be abandoned upon completion of the new plant. For this reason, and to allow for additional time to account for any unforeseen circumstances that may develop during the permitting or construction phases of the project, the Town requests that the effective date for the TRC effluent limit be extended by 16 months to January 1,2009. If you have any questions or would like to discuss this request in greater detail, please do not hesitate to contact Mike Apke, P.E. at McGill Associates at 828-328-2024, or contact me at 828-428-5000. We appreciate your consideration of this important matter. Sincerely, 5/ P ii§j____ E. To Clark, Town Manager ��F W A TFRQ Michael F.Easley,Govemor u L �J G William G.Ross Jr.,Secretary � Uj = North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director ❑ "° " ort Division of Water Quality January 30,2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3492 7990 Mr. Eddie Faulkner Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 Subject: Notice of Violation-Effluent Limitations Tracking#:NOV-2006-LV-0040 Town of Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr. Faulkner: A review of the October 2005 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Permit Limit 001 BOD 49.43 weekly average 45.0 weekly 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. Sincerely, D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch Catawba County Health Dept. ��sh JLMEW _ nlrrra N.C.Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 Nf A y Michael F.Easley,Governor L1Y `: 9QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources G] . Man W.Klimek,P.E.Director Division of Water Quality 0 January 17, 2006 Mr. Eddie Faulkner, Public Works Director Town of Maiden • Post Office Box 125 - Maiden,North Carolina 28650-0125 Subject: Pretreatment Compliance Inspection • Town of Maiden • NPDES Permit No. NC0039594 Catawba Co.,NC Dear Mr. Faulkner: . • Enclosed is a copy of the Pretreatment Compliance Inspection Report for the inspection conducted • at the subject facility on January 12,2006 by John Lesley of this Office. The Town's Pretreatment Program is commendable. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at(704) 663-1699. Sincerely, c_ci D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure cc: Central Files - Dana Folley, PERCS Unit Catawba County Health Department JL • • ACITI Carolina turallty ANZA l I]ENR N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 11 41/77.74411, NORTH CAROLINA DIVISION OF WATER QUALITYwArF,�oG NCDENR PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT Nairn GROuw.Ocr•nn.errt„, ENNPOH..EMT w++0 Nuw.u.R[]WrtC[a BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)1 1.. Control Authority(POTW)Name: Town of Maiden 2. Control Authority Representative(s): Mike Lingerfelt Telephone: 828428-5032 Fax: 828-428-5606 3. Title(s): Pretreatment Program Coordinator E-mail: 4. Last Inspection Date: 12/2/2004 Inspection Type: ❑ PCI ® Audit 5. Has Program Completed All Requirements from the Previous Inspection or Program Info Sheet(s)? ®Yes ❑ No 6. Is POTW under an Order That Includes Pretreatment Conditions? ❑Yes ® No Order Type and Number: Are Milestone Dates Being Met? ❑ Yes ❑ No ® NA PCS CODING Trans.Code Main Program Permit Number . MM/DD/YY Inspec.Type Inspector Fac.Type INI INW (' I0 10 13 19 IS 19 141 I01 112I20l P I IS I W (DTIA) (TYPI) (INSP) (FACC) 7. Current Number Of Significant Industrial Users(SIUs)? 2 SIUS 8. Current Number Of Categorical Industrial Users (CIUs)? 1 CIUS 9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0 10.Number of SIUs Not Sampled By POTW in the Last Calendar Year? 0 11. Enter the Higher Number of 9 or 10 • - 0 NOIN 12.Number of SIUs With No IUP, or With an Expired IUP 0 NOCM 13.Number of SIUs in SNC for Either Reporting or Limits Violations During Either of the Last 2 Semi-Annual Periods(Total Number of SIUs in SNC) 0 PSNC 14.Number of SIUs in SNC For Reporting During Either of the Last 2 Semi-Annual Periods 0 MSNC 15.Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi-Annual Periods 0 SNPS 16.Number of SIUs In SNC For Both Reporting and Limits Violations During Either of the Last 2 Semi-annual Periods 0 POTW INTERVIEW 17. Since the Last PCI,has the POTW had any POTW Permit Limits Violations? ® Yes ❑ No If Yes,What are the Parameters and How are these Problems Being Addressed? See Comments Section (See Comments Section) 18. Since the Last PCI,has the POTW had any Problems Related to an Industrial ® Yes ® No Discharge(Interference,Pass-Through,Blockage, Citizens' Complaints, Increased Plant upset due to slug Ioad of Sludge Production,Etc.)? boiler chemicals from Lucky If Yes,How are these Problems Being Addressed? Country Licorice 19. Which Industries have been in SNC during either of the Last 2 Semi- SNC for Limits: None Annual Periods?Have any Industries in SNC(During Either of the Last SNC for Reporting: None . _ Semi-Annual_Periods)_NotBeen Published for-Public Notice? - --Nbt--Published--NA — --- -- -- - (May refer to PAR if Excessive SIUs in SNC) 20. Which Industries are on Compliance Schedules or Orders?For all SIUs on an Order,Has a Signed Copy of the Order been sent to the Division? None 21. Are Any Permits Or Civil Penalties Currently Under Adjudication?If Yes, Which ❑ Yes ® No Ones? • Filename: Maiden 0506 pci Page 1 Revised: 6/30/98 ETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files and complete the following: 1 Program Element Date of Last Approval Date Next Due,If Applicable Headworks Analysis (HWA) 10/17/03 11/1/07 Industrial Waste Survey(IWS) 11/19/03 9/1/08 12/1/06 Sewer Use Ordinance(SUO) 5/30/03 Enforcement Response Plan(ERP) 3/24/20 Long Term Monitoring Plan (LTMP) 3/24/04 LTMP FILE REVIEW: 22. Is the LTMP Monitoring Being Conducted at Appropriate Locations and Frequencies? ®Yes ❑ No 23. Should any Pollutants of Concern be Eliminated from or Added to the LTMP? ❑ Yes ❑ No If yes,which ones? Eliminated: Added: . 24. Are Correct Detection Levels being used for all LTMP Monitoring? ®Yes ❑ No 25. Is the LTMP Data Maintained in a Table or Equivalent? ® Yes ❑ No Is the Table Adequate? ® Yes ❑ No INDUSTRIAL USER PERMIT(IUP)FILE REVIEW(3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION) 26. User Name 1. Getrag Gears 2. Cataler North America 3. 27. IUP Number I L 0001 _ 0002 28. Does File Contain Current Permit? • ®Yes ❑ No ® Yes ❑ No ❑Yes ❑ No 29. Permit Expiration Date 12/31/06 12/31/06 30. Categorical Standard Applied(I.E.40 CFR,Etc.) Or N/A 433 NA 31. Does File Contain Permit Application Completed Within One Year Prior ® Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No to Permit Issue Date? , 22. Does File Contain an Inspection Completed Within Last Calendar Year? F®Yes ❑ No ®Yes ❑ No ❑ Yes ❑ No 33. a.Does the File Contain a Slug Control Plan? a. ®Yes ❑No a. ®Yes DNo a. DYes ❑No b. If No,is One Needed? (See Inspection Form from POTW) •- b. DYes❑No b. DYes ❑No b. DYes❑No 34. For 40 CFR 413 and 433 TTO Certifiers,Does File Contain a Toxic r ElYes❑No❑N/A ❑Yes❑No®N/A ❑Yes❑No❑N/A Organic Management Plan(TOMP)? 35. a.Does File Contain Original Permit Review Letter from the Division? a. ®Yes ❑No a. EYes ❑No a. DYes ❑No b.All Issues Resolved? b.®Yes❑No❑NIA b.®Yes❑No❑NIA b.❑Yes❑Ne❑NIA 36. During the Most Recent Semi-Annual Period,Did the POTW Complete ®Yes ❑ No ®Yes ❑ No ❑Yes ❑ No its Sampling as Required by IUP? 37. Does File Contain POTW Sampling Chain-Of-Custody Forms? ® Yes ❑ No ® Yes ❑ No _ ❑Yes 0 No 38. During the Most Recent Semi-Annual Period,Did the SIU Complete its ®Yes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑No❑NIA Sampling as Required by IUP? 39. Does Sampling Indicate Flow or Production? ®Yes0Not7N/A ®Yes❑No❑N/A ❑Yes❑No❑N/A 40. During the Most Recent Semi-Annual Period,Did the POTW Identify ®Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No All Non-Compliance from Both POTW and SIU Sampling? ❑NA ❑NA El NA 41. a.Was the POTW Notified by SIU(Within 24 Hours)of All Self- a.DYes❑No❑N/A a.181Yes❑NoDN/A a.❑Yes❑No❑N/A Monitoring Violations? b.Did Industry Resample Within 30 Days? b. Yes❑No b. ®Yes❑No b. DYes❑No 42. Was the SIU Promptly Notified of Any Violations(Per ERP)? ' ®Yes❑No❑N/A ®Yes❑No❑N/A ❑Yes❑No❑N/A 43. During the Most Recent Semi-Annual Period,Was the SIU in SNC? ' ❑Yes ® No 1 ❑ Yes ® No El Yes ❑ No 44. During the Most Recent Semi-Annual Period,Was Enforcement Taken ®Yes❑No❑N/A ®Yes❑No❑NIA ❑Yes❑No❑N/A as Specified in the POTWs ERP? � � __�- ____ -_-------- -----.-__ - 45. Does the File Contain Penalty Assessment Notices? ❑Yes❑No®N/A ❑Yes❑NGON/A ❑Yes❑No❑N/A 46. Does The File Contain Proof Of Penalty Collection? ❑Yes❑NoON/A ❑Yes❑No®N/A ❑Yes❑No❑N/A - 47. a.Does the File Contain Any Current Enforcement Orders? a.❑Yes0Nol3N/A a.❑Yes❑NoCEIN/A a.❑Yes❑No❑N/A b. Is SIU in Compliance with Order? b.❑Yes❑NoEIN/A b.❑Yes❑No®N/A b.❑Yes❑NOI]N/A 48. Did the POTW Representative Have Difficulty in Obtaining Any of This El Yes ® No ❑ Yes ® No ❑Yes ❑ No Requested Information For You? Filename: Maiden 0506 pd Page 2 Revised: 6/30/98 111 FILE REVIEW COMMENTS: Question 31. Inspections were conducted on 12/19/2005 at Getrag Gears and Cataler North American. Question 41. Pace Labs sends lab reports directly to the POTW. Question 42 and 43. Samples at Getrag Gears that were in violation of pH and other parameters were taken when the facility was not discharging. An automatic valve with a pH sensor/controller closes the valve when the pH is <6.0 s.u. The valve is located downstream of the flow meter and sampling point, and the city staff was not aware that the flow was being recycled for further treatment at the time of sampling. The POTW has since required Getrag to relocate the valve to a point prior to the flow meter and. sampling point. The Notice of Violation will be rescinded if the SIU can show evidence that the valve was indeed closed,preventing a discharge at the time of sampling. PCI SUMMARY AND COMMENTS:. PCI Comments: Question 17. 8OI)violations in 8/05 and 10/05. Equipment failure at the WWTP was the cause of the 8/05 violation. A slug load of boiler chemicals from Lucky Country Licorice caused a WWTP upset in '10/05. It was discovered that the boiler was not properly valved that led to the release of chemicals. The POTW has placed Lucky Country Licorice on a restricted discharge whereby the POTW must be contacted before any discharge of boiler water will be allowed. The faciltiy is a non-SW. Requirements: See the Pretreatment Program Elements Review Section of this report. Recommendations: The POTI4'staff is doing a commendable job of managing the Pretreatment Program. NOD: (l Yes E No NOV: Yes E No QNCR: Ej Yes No POTW Rating: Satisfactory ® Marginal 0 Unsatisfactory D PCI COMPLETED fib- .... DATE: January 17, 2006 oh °Lesley,Mooresvill gional Office Filename: Maiden 0506 pc Page 3 Revised, 6iTh,95 • F W A r� Michael F.Easley,GovAor ( Q 9 William G.Ross Jr.,Secretary `O� T "\9G North Carolina Department of Environment and Natural Resources CO Alan W.Klimek,P.E.Director Division of Water Quality o -s- January 13, 2006 Mr. Eddie Faulkner, Public Works Director _ • Town of Maiden Post Office Box 125 Maiden, North Carolina 28650 Subject: Compliance Evaluation Inspection Town of Maiden WWTP NPDES Permit No. NC0039594 .Catawba County,NC Dear Mr. Faulkner: . Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on January 12, 2006 by John Lesley of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. • The report should be self-explanatory; however, should you have any questions concerning • this report, please do not hesitate to contact Mr. Lesley or me at 704-663-1699. Sincerely, \ JLc 4 ,V1 . aci) ? c,-_ D. Rex Gleason, P.E. • Surface Water Protection Regional Supervisor Enclosure cc: Central Files Catawba County Health Department - JL Isic° Carolina atura!!q +1 NCDEHR N.C.Division of Water Quality,Mooresville Regional Office,610 E.Center Ave.Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United States Environmental Protection Agency EPA Washington, 2046J Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A. National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 Li 2 Li 31 < 1, i ' a"t- 11 121 i 2 117 18ttt 19g 201 Remarks t�f 211 1 1 1 1 I I I I 1 I I 1 I I 11 . I 1. 1 1 .1 . 1 _I I. I 1 I I I a I I I I 1 I I 1 L11 1I I I 1 16' Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 ©A Reserved-----«--------------- 671 ,0 1 69 70 :� 71 721 ;;I 731 1 1 74 751 1 1 1. 1 1 1 J 80' —� Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) _..: w P.M I)r,d ttt/2 t'It'0: r{t'„ Fi ges St: Exit Time/Date Permit Expiration Date F1;3 for, N. 28 05 121:,10. };sty 06201/12 5?7.rf,.M Names)of Onsite Representative(s)fTitles(s),Phone and Fax Number(s) Other Facility Data . :i hoes. 9 i i ge zl'r: F.1 , rt-5 0 3-, 1 Name,Address of Responsible OfficialiTitle/Phone and Fax Number 3i,t, Contacted _t:. F`�r,.I r`ige r, k. Bo x _. M,;r.r.:rori `dI. 2 _. . ... . )" 0. c-tr,r, 2:'+1/'f f2,Si law.. Section C: Areas Evaluated During Inspection (Check only those areas evaluated) rPermit IN Flow Measurement III Operations& Maintenance III Records/Reports U Self-Monitoring Program ■Facility Site Review •Effluent/Receiving Waters III Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Names)and,Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date John r i,e >1eue / ) 1,4',.),11 70 2 .c 3 .9 9 rr= C: 1 Signature of Management C A Reviewer Agency/Office/Phone and Fax Numbers Date E..i.;9 _UI ';;.u. / . ,i_ ..69- h';e't:.. 6"1. EPA Form 3560-3(Rev 9-94)Previous editions are obsolete, Page# NPDES yr/mo/day Inspection Type (cont.) 1 31_ NC0039594 111 121 06/01/12 I17 181^' Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Monthly monitoring reports were reviewed for the period October 2004 through September 2005. BOD monthly and weekly limit violations were reported in August 2005 and a weekly BOD limit violation was reported in October 2005. A Notice of Violation was issued in response to the August 2005 violations. The October 2005 violation will be addressed under separate cover. Facility Site Review: One treatment unit is being used for sludge storage. The remaining treatment unit is in use. The skimming device on secondary clarifier is temporarily not in use to allow for sludge thickening prior to wasting sludge. • Page# 2 Permit: NC0039594 Owner-Facility: Maiden WWTP Inspection Date: 01/1Z2006 Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? I11000 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge • 000 Judge, and other that are applicable? Comment Permit Yes No NA NE (If the present permit expires in 6 months or less), Has the permittee submitted a new application? • 000 Is the facility as described in the permit? • 0 0 0 #Are there any special conditions for the permit? 0 • 0 0 Is access to the plant site restricted to the general public? • 0 0 Is the inspector granted access to all areas for inspection? • 0 0 0 Comment: A Draft Permit has been issued, Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? • 000 Is all required information readily available, complete and current? II 0 0 0 Are all records maintained for 3 years(lab. reg. required 5 years)? • 000 Are analytical results consistent with data reported on DMRs? • 10 0 0 Is the chain-of-custody complete? • 0 0 0 Dates,times and location of sampling • Name of individual performing the sampling • Results of analysis and calibration MI Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete, do they include all permit parameters? U 0 0 0 Has the facility submitted 4s annual compliance report to users and DWQ? • 000 (If the facility is.7.or>5 MGD permitted flow)Do they operate 24/7 with a certified operator on each shift? 0 0 • 0 is the ORC visitation log available and current? NOCIO Is the ORC certified at grade equal to or higher than the facility classification? • 0 0 0 Is the backup operator certified at one grade less or greater than the facility classification? • DC:30 Is a copy of the current NPDES permit available on site? NI 0 0 0 Page# 3 Permit: NC0039594 Owner-Facility: Maiden WWTP Inspection Date: 01/12/2006 Inspection Type: Compliance Evaluation Record Keeping Yes No NA NE Facility has copy of previous year's Annual Report on file for review? ■ ❑ ❑ ❑ Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? ■ ❑ ❑ ❑ Are the receiving water free of foam other than trace amounts and other debris? M ❑ ❑ ❑ If effluent (diffuser pipes are required) are they operating properly? ❑ ❑ N ❑ Comment: Flow Measurement-Influent Yes No NA NE #Is flow meter used for reporting? • ❑ ❑ ❑ Is flow meter calibrated annually? ■ ❑ ❑ ❑ Is the flow meter operational? ■ ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ■ ❑ ❑ ❑ Comment: The flow meter was last calibrated.on 1i4/2006. Pump Station-Influent Yes No NA NE Is the pump wet well free of bypass lines or structures? ■ 0 0 ❑ is the wet well free of excessive grease? • ❑ ❑ ❑ Are all pumps present? ■ ❑ ❑ ❑ Are all pumps operable? ■ ❑ ❑ ❑ Are float controls operable? ■ ❑ ❑ ❑ Is SCADA telemetry available and operational? 0 0 • 0 Is audible and visual alarm available and operational? MOOD Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ❑ b.Mechanical IN Are the bars adequately screening debris? ■ ❑ ❑ ❑ Is the screen free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? ■ ❑ ❑ ❑ Is the unit in good condition? ■ ❑ ❑ ❑ Page# 4 Permit: NC0039594 Owner-Facility: Maiden WWTP Inspection Date: 01/12/2006 Inspection Type: Compliance Evaluation Bar Screens Yes No NA NE Comment: Grit Removal Yes No NA NE Type of grit removal a.Manual ❑ b,Mechanical i■ Is the grit free of excessive organic matter? ■ ❑ ❑ ❑ Is the grit free of excessive odor? ■ ❑ ❑ ❑ # Is disposal of grit in compliance? • ❑ 0 ❑ Comment: Secondary Clarifier Yes jio NA NE .Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ■ ❑ ❑ ❑ Are weirs level? 0000 Is the site free of weir blockage? • 000 Is the site free of evidence of short-circuiting? ■ 0 0 ❑ Is scum removal adequate? ■ 0 ❑ ❑ Is the site free of excessive floating sludge? ROOD Is the drive unit operational? ■ ❑ ❑ ❑ Is the return rate acceptable(low turbulence)? '■ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable?(Approximately'/4 of the sidewall depth) ■ ❑ ❑ ❑ Comment: Pure Oxygen Yes No NA NE Type of pure oxygen system Bulk storage Is there a back-up source for the system? ❑ ■ ❑ ❑ Are mixers operational? NOOD Are samples port/points easily accessible? ■ ❑ ❑ ❑ Comment: The oxygen is fed by means of a single liquid oxygen storage tank, Disinfection-Gas Yes No NA NE Are cylinders secured adequately? MOOD Page# 5 Permit: NC0039594 Owner-Facility: MaidenWWTP Inspection Date: 01/12/2006 Inspection Type: Compliance Evaluation Disinfection-Gas Yes No NA NE Are cylinders protected from direct sunlight? ■ ❑ ❑ ❑ Is there adequate reserve supply of disinfectant? ■ ❑ ❑ ❑ 1s the level of chlorine residual acceptable? • 000 Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de-chlorination? ■ ❑ ❑ ❑ Comment: There is no dechlorination at this facility. Standby.Power Yes No NA NE Is automatically activated standby power available? ■ DOD Is the generator tested by Interrupting primary power source? ■ ❑ ❑ ❑ Is the generator tested under load? • ■ ❑ ❑ ❑ Was generator tested&operational during the inspection? ❑ ❑ ❑ ■ Do the generator(s)have adequate capacity to operate the entire wastewater site? ■ ❑ ❑ ❑ is there an emergency agreement with a fuel vendor for extended run on back-up power? 1111000 Is the generator fuel level monitored? ■ ❑ ❑ ❑ Comment: There is a 1000 gallon fuel storage on site. Superior Petroleum is under contract to supply fuel. • Pumps-RAS-WAS Yes No NA NE Are pumps in place? ■ DOD Are pumps operational? ■ ❑ ❑ ❑ Are there adequate spare parts and supplies on site? ■ ❑ ❑ ❑ Comment: Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ ❑ ❑ ❑ Are all other parameters(exciuding 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)? ■ ❑ ❑ ❑ Incubator(Fecal Coliform)set to 44.5 degrees Celsius+/-0.2 degrees? - ■ ❑ ❑ ❑ Incubator(SOD)set to 20.0 degrees Celsius+!-1.0 degrees? • ❑ ❑ ❑ Comment: The facility utilizes Pace Labs for metals, TN, TP, and cyanide anaylses. Pace (Asheville) also conducts toxicity testing. The on-site lab is certified (172) to conduct all other permit required testing. Page# 6 Permit: NC0039594 Owner-Facility: Maiden VVWTP Inspection Date: 01/12/2006 Inspection Type: Compliance Evaluation Influent Sampling Yes No NAw NE #Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected above side streams? ■ 0 0 0 Is proper volume collected? NOOD Is the tubing clean? ■ 0 0 0 Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? ■ 0 0 0 Is sampling performed according to the permit? ■ 0 0 0 Comment: A waiver has been granted the facility by the DWQ to allow time based composite sampling. Effluent.Sampling Yes No NA NE Is composite sampling flow proportional? 0 0 ■ 0 Is sample collected below all treatment units? MI 0 0 0 Is proper volume collected? • 0 0 0 Is the tubing clean? MOOD Is proper temperature set for sample storage(kept at 1,0 to 4.4 degrees Celsius)? ■ 0 0 0 Is the facility sampling performed as required by the permit(frequency, sampling type representative)? ■ 0 ❑ 0 Comment: A waiver has been granted the facility by the DWQ to allow time based composite sampling. Upstream/ Downstream Sampling Yes No NA NE Is the facility sampling performed as required by the permit(frequency,sampling type, and sampling location)? Illl' 0 0 0 Comment: Page# 7 . Michael F. Easley,Governor State of North Carolina William G.Ross,Jr., Secretary Department of Environment and Natural Resources 0 .4— Alan W.Klimek, P.E., Director Division of Water Quality January 3,2006 Mr. Todd E. Clark. Town of Maiden. P.O. Box 125 Maiden,North Carolina 28650 Subject: Draft NPDES Permit Permit NC0039594 Maiden WWTP Catawba County Dear Mr.Clark: The Division received your request for a permit modification to extend the compliance schedule for the total residual chlorine limit implementation. 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 compliance schedule for the total residual chlorine limit will be extended by 16 months until January 1,2009. Please submit any comments 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 two months. If you have any questions or comments concerning this draft permit,contact me at(919) 733-5083 x 551 or toya.fields +encmail.net. Sincerel LeT ya Fields Western NPDES Program cc: vorgegional Offie,.Surfa a Water Protedian NPDES Unit Marshall Hyatt,EPA Region IV Permit #:11111911111C00395 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, Town of Maiden is hereby authorized to discharge wastewater from a facility located at Town of Maiden WWTP Finger Street Maiden, North Carolina Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts I,II, III,and IV hereof. The permit shall become effective. This permit and the authorization to discharge shall expire at midnight on July 31, 2010. Signed this day. DRAFT Alan. W. Klimek,P.E., Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLE• MENT TO PERMIT COVER SHEET Permit#NC0039594 All previous NPDES 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 from this facility arises under the permit conditions,requirements,terms,and provisions included herein. Town of Maiden is hereby authorized to: 1. Continue to operate an existing 1.0 MGD wastewater treatment facility located at Finger Street, Maiden,Catawba County,and consisting of the following components: • Influent pumps • Mechanical screening • Grit removal • Instrumented flow measurement • Dual 0.5 MGD activated sludge treatment units utilizing pure oxygen,each containing diffused aeration,clarification,chlorine gas disinfection, and aerobic sludge digestion • Sludge drying beds • Stand-by power 2. Discharge from said treatment works (via Outfall 001) into Clark Creek,a Class C water in the Catawba River Basin,at the location specified on the attached map. ,) ,....,2„:.' i''..6."....—.) 1 L-€.-- 10€ N r c yam' aS { '- 14 t'- ' CI :5-1.',€cia4V-,...'41.7..,:',...,Y,%V-„C€ • IlAd '" (f7 '''') 0 .-'WV, , ,t,,,,.. . .. 'Z,N., \ ' ' ''.''''.-'*'. '.''''''' '''''' '''-''' 41..-?:0'4.-7e''''''.4"14 -'',.. '' Z • --'S' ,0- 0,';'-',-"N7c4'11...,g4t.k,kr.. 1.:- 1- ((.."\. ` / 'k. 1i,, . Q .„.. _ •t ''' r w g.: h-1,-44 ;.. 1 .9l0l0 ,,.:. -.,'—,'-,,,t1, • -\-,, • el ,,,:- '1-;,.,.-_ , ,,,,,,,,,,,•,- ,.,,,- . gl„ ..,,,,,„ ,,, ,, :,, ..,„....„ , , • :,,..,, .... .......,, _ -,-„- •;.,. ,,, - . _,„,„„,.. 5,.., ..... ..,.... •.„ - , .,_., , \ . • . .,_ iir—... .....,_,,„ . -_. ,‘..5.1--,,,„,„ -. ''S''' s.,s.:) „� \`` _ r * t d . ‘',1 4,c. ....N: ':', ...1 ), (------: cp, , .,.., • .,.,..,,,.„,„,,,,,..„,.;,,,,,ty-74,-;:, -., p ,..:7 , ,,,, '�;w „ 77 '!' — \ . ,, ,c 'a +.'_' c' "tom.. L. 6 +,` `.. .. r - E �r �y5�>' 'ter." \ Discharge location I " '" - I. �, ° ' - ' - ' ',--,... \.,_...1 \,..../- 1 1 `r f �,: - 'ak.„ . ,., :' ' ..-: 'e,' • ''• ' ' '''. "; ." : ' _ . , ° .4%3 ''''. '1^.J'''''' 4,-e; _.. ti dp tea ` ' . , *'.—"'''''—?Y77.* '.—' . ''.. r gr. < Sty . • • , .,.�•* J�` � Y JP ':" Li3 ' . ,,, , , : ijr\---' .".)1 I 1 t .\\:' ' 1'' "r . ' "' _ , i ( ' -i '; c\_,E...:, 'ir '../ N. : " " ' ,,,, :,:.....-:j .., inp,,,,../C0—....." . , , .....,..:dr,:: , , , .t { 1 t 't K, ! to .f, ;.- .. 'c� � _ _ f �°W, "L'�. �y'�\�J C' a°`x�x� .ems ;�L� -�_ ,.' � 1,1.,, . 4..: Maiden .WWTP — NC0039594 Facility ,, - Location ° - USGS Quad Name:Maiden Lat.:35°34'35" Receiving Stream:Clark Creek Long.:81°14'26" Stream Class:C' - - Subbasin:Catawba--03 08 35 , NV i'th Not to SCALE Permit#NC0039594 • (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS ` - MONTTORING REQUIREMENTS EFFLUENT CHARACTERISTICS Monthly Weekly Daily Vleasuremeni : - Average - Average Max Frequency ;Sample Type Sample Loc Flow 1.0 MGD Continuous Recording I or E BOD,5-day,20°C 2 30.0 mg/1 45.0 mg/1 3/Week Composite E,I Total Suspended Solids2 30.0 mg/1 45.0 mg/1 3/Week Composite E,I NH3 as N 3/Week Composite E Total Residual Chlorine3 28.0 pg/L 3/Week Grab E Fecal (geom.mean` 200/100 ml 400mi 00 3/Week Grab E pH 6.0 <pH< 9.0 3/Week Grab E Temperature Daily Grab E Total Nitrogen (NO2+NO3+TKN) Monthly Composite E Total Phosphorus Monthly Composite E Chronic Toxicity4 Quarterly Composite E Total Cyanides 22 ug/1 Weekly Grab E Total Copper Monthly Composite E Total Silver Monthly Composite E Total Zinc Monthly Composite E Temperature Weekly Grab U,D Dissolved Oxygen Weekly Grab U,D Conductivity Weekly Grab U,D Priority Pollutant Scan6 Annual Grab E Notes: • 1. Sample locations:E-Effluent,I-Influent,U-Upstream 100-feet above outfall,D-Downstream at NCSR 1282. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15%of the respective influent value(85% removal). 3. The TRC limit will take effect January 1,2009. Limit and monitoring requirement only apply if chlorine is used for disinfection. . 4. Chronic Toxicity(Ceriodaphnia)at 11%;January,April,July,and October;refer to Special Condition A(2). 5. The quantitation level for cyanide shall be 10 ug/L. CN levels reported as less that 10 lag/L shall be considered zero for compliance purposes. 6. See special condition A(3). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit#NC00395 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A(2). CHRONIC TOXICITY PERMIT LIMIT(QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998,or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions.The tests will be performed during the months of January,April,July,and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival.The definition of"detectable impairment,"collection methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1)for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.Additionally,DWQ Form AT-3(original)is to be sent to the following address: Attention: Environmental Sciences Section North Carolina Division of Water Quality 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete,accurate,include all supporting chemical/physical measurements and ail concentration/response data,and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name,permit number,pipe number,county,and the month/year of the report with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be required . during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened 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, minimum control organism reproduction,and appropriate environmental controls,shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Fr - . , Permit#NC0039594 A. (3) EFFLUENT POLLUTANT SCAN The permittee shall perform an annual Effluent Pollutant Scan for all parameters Iisted in the table below(in accordance with 40 CFR Part 136).The annual effluent pollutant scan samples shall represent seasonal(summer,winter,faIl,spring)variations over the 5-year permit cycle.Unless otherwise indicated,metals shall be analyzed as"total recoverable." Additionally,the method detection level and the minimum level shall be the most sensitive as provided by the appropriate analytical procedure. Ammonia(as N) Trans-1,2-dichloroethylene Bis(2-chloroethyl)ether Chlorine(total residual,TRC) 1,1-dichloroethylene Bis(2-chloroisopropyl)ether Dissolved oxygen 1,2-dichloropropane Bis(2-ethylhexyl)phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Total Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Total Phosphorus Methyl chloride 4-chlorophenyl phenyl ether • Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene Cadmium 1,1,2-trichloroethane 1,3-dichlorobenzene Chromium Trichloroethylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichlorobenzidine Lead Acid-extractable compounds: ' Diethyl phthalate Mercury P-chloro-m-cresol Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4-dimethylphenol 1,2-diphenylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Volatile organic compounds_ Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base-neutral compounds: Isophorone Bromoform Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromomethane Benzidine - N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenyiamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-trichlorobenzene • 1,1-dichloroethane Benzo(k)fluoranthene 1,2-dichloroethane Bis(2-chloroethoxy)methane Test results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the Director, within 90 days of sampling. A copy of the report shall be submitted to Central Files to the following address: Division of Water Quality,Water Quality Section,1617 Mail Service Center,Raleigh,North Carolina 27699-1617. PLP6 • NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary December 8,2005 Alan W. Klimek, P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eddie Faulkner,Director of Public Works 7003 2260 0001 3492 7464 Town of Maiden P.O.Box 125 Maiden,NC 28650 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV-2005-LV-0543 Town of Maiden WWTP NPDES Permit No.N00039594 Catawba County Dear Mr. Faulkner: A review of the August 2005 self-monitoring report for the subject facility revealed violations of the following parameter: Pipe Parameter Reported Value Limit 001 Biochemical Oxygen Demand 31.7 mg/L 30.0 mg/L FIN 001 Biochemical Oxygen Demand 55.2 mg/L 45.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems, and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter,please do not hesitate to contact Mr. Bridgeman or me at 704/663-1699. Sincerely, D.Rex Gleason,P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 One Phone: 704-663-1699 I Fax:704-663-6040!Internet:h2o.enr.state.nc.us NorthCarolina An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper )\7iitiiriiIIii ' . ir- WAT r Michael F.Easley,Governor State of North Carolina 04 William G. Ross,Jr.,Secretary CO1t,,s Department of Environment and Natural Resources 0 "`I /t 1Alan W. idimeek,,i.E_,Director .,,1c. a t'° f':, _ Div son al ater Quality . i F ewe •t December 7, 200l5 M.r , pr ,:r' x Mr.Michael Lingerfelt \,,'k DEC C 8 Q t n' WWTP Superintendent ) r, P.O. Box 125 Maiden,North Carolina 28650 Subject; Draft'NPDES Permit` Permit NC0039594 Maiden WWTP Catawba County Dear Mr. Lingerfelt; 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.. - > A total residual chlorine limit has been added to the permit. The limit will take effect 18 months after the effective date of the final permit and applies only if chlorine is used for disinfection. See the attached TRC policy memo for details. Y The requirement for instream fecal coliform monitoring has been removed from the permit based on the Division's policy for municipal and domestic facilities that do not discharge to Class B or fecal coliform impaired waters. • Instream monitoring has been reduced to 1/week,year-rotund,based on this facility's instream monitoring data. > An annual pollutant scan has been added to your permit. By performing this scan concurrent with your toxicity test (at different times of the year),you will be able to collect sufficient data for the new renewal application required by the Environmental Protection Agency(EPA). Please submit any comments 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 two months. If you have any questions or comments concerning this draft permit, contact me at(919) 733-5083 x 551 or toya.fields ncmail.net. Sincere , 7 LeToya Fields Western NPDES Program cc: Mooresville Regional Office,Surface Water Protection NPDES Unit Marshall Hyatt, EPA Region IV Aquatic Toxicology Unit 1617 Mail Service Center,Raleigh, North Carolina 27699-1617 Telephone(919)733-7015 FAX(919)733-0719 r)oe p N©��hCarolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at http;//h2o.enr.state,nc.us/ Naturally An Equal Opp ortun'rty6Attirrnatve Action Employer Permit#NC0039594 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, Town of Maiden is hereby authorized to discharge wastewater from a facility located at Town of Maiden WWTP Finger Street Maiden, North Carolina Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on July 31,2M. Signed this day DRAFT Alan. W. Klimek,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Permit#NC0039594 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES 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 from this facility arises under the permit conditions,requirements,terms,and provisions included herein. Town of Maiden is hereby authorized to: 1. Continue to operate an existing 1.0 MGD wastewater treatment facility located at Finger Street, Maiden,Catawba County,and consisting of the following components: • Influent pumps • Mechanical screening • Grit removal • Instrumented flow measurement • Dual 0.5 MGD activated sludge treatment units utilizing pure oxygen,each containing diffused aeration,clarification,chlorine gas disinfection, and aerobic sludge digestion • Sludge drying beds • Stand-by power 2. Discharge from said treatment works (via Outfall 001)into Clark Creek,a Class C water in the Catawba River Basin, at the location specified on the attached map. . t :..::::1,*'%:.°':'?''''kS":",".''7 om/ I I, '• � '� : 1. 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''4'T'''-'L ,..;,,,,,,,,,_,,,,, ,, ,..,„., ti7„, 1.4 P ,', \, \ ' 4,4"A'.4'„.'','1".:4„.,4:;4.4-A,44-4.t.„-,,p,,:',,,:,,,4•-,,,i.--':,;;-.,,,,,,.,,,,-,,',,,,-.-,,i,I ,34i..,.. 'il e c1,,i '` A 4 '" s mien VV II � � � acid 1t � �� ". 3wy§ t Location, •m. :"� " �. USGS Quad Name::Maiden- '' - . Lat.:35°34135 � Receive Stream.C rk Creek Long.: °1 'ZC" North Stream Class: C . Sxa trbasin: vb ataa-03{ 35 Not to SCALE Permit#NC0039594 A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS EFFLUEN i CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample Type Average Average i . . Max Locations ,, Frequency' Flow 1.0 MGD Continuous Recording 1 or E BOD,5-day,20°C 2 30.0 mg/1 45.0 mg/1 3/Week Composite E,I Total Suspended 30.0 mg/1 45.0 mg/1 3/Week Composite E,I Solids NH3 as N 3/Week Composite E Total Residual 28.0 pg/L 3/Week Grab E Chlorin& _ Fecal Coliform 200/100 ml 400/100 ml 3/Week Grab E (geom.mean) pH 6.0 <pH< 9.0 3/Week Grab E Temperature Daily Grab E Total Nitrogen Monthly Composite E (NO2+NO3-FTKN) Total Phosphorus Monthly Composite E Chronic Toxicity4 Quarterly Composite E Cyanides 22 ug/1 Weekly Grab E Copper Monthly Composite E Silver Monthly Composite E Zinc - Monthly Composite E Temperature Weekly Grab U,D Dissolved Oxygen Weekly Grab U,D Conductivity Weekly Grab U,D Priority Pollutant Scan6 Annual . Grab E Notes: 1. Sample locations:E-Effluent,I-Influent,U-Upstream 100-feet above outfall,D-Downstream at NCSR 1282. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15%of the respective influent value(85% removal). 3. The TRC limit will take effect 18 months after the effective date of the final permit. Limit and monitoring requirement only apply if chlorine is used for disinfection. 4. Chronic Toxicity(Ceriodaphnia)at 11%;January,April,July,and October;refer to Special Condition A(2). 5. The quantitation level for cyanide shall be 10 ug/L. CN levels reported as Iess that 10 pg/L shall be considered zero for compliance purposes. 6. See special condition A(3). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit#NC0039594 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). CHRONIC TOXICITY PERMIT LIMIT(QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 11.0%. The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998,or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions.The tests will be performed during the months of January,April,July,and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival.The definition of"detectable impairment,"collection methods,exposure regimes,and further statistical methods are specified in the"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1)for the months in which tests were performed,using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.Additionally,DWQ Form AT-3(original)is to be sent to the following address: Attention: Environmental Sciences Section North Carolina Division of Water Quality 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete,accurate,include all supporting chemical/physical measurements and all concentration/response data,and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility name,permit number,pipe number,county,and the month/year of the report with the notation of"No Flow"in the comment area of the form.The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened 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, minimum control organism reproduction,and appropriate environmental controls,shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Tf 7 • f Permit#NC0039594 A. (3) EFFLUENT POLLUTANT SCAN The permittee shall perform an annual Effluent Pollutant Scan for all parameters Iisted in the table below(in accordance with 40 CFR Part 136).The annual effluent pollutant scan samples shall represent seasonal(summer,winter,fall,spring)variations over • the 5-year permit cycle.Unless otherwise indicated,metals shall be analyzed as"total recoverable." Additionally,the method detection level and the minimum level shall be the most sensitive as provided by the appropriate analytical procedure. Ammonia(as N) Trans-1,2-dichloroethylene Bis(2-chloroethyl)ether Chlorine(total residual,TRC) 1,1-dichloroethylene Bis(2-chloroisopropyl)ether Dissolved oxygen 1,2-dichloropropane Bis(2-ethylhexyl)phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Total Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Total Phosphorus Methyl chloride 4-chlorophenyl phenyl ether Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene Cadmium 1,1,2-tricliloroethane 1,3-dichlorobenzene Chromium Trichloroethylene 1,4-dichlorobenzene Copper Vinyl chloride 3,3-dichlorobenzidine Lead Acid-extractable compounds: Diethyl phthalate Mercury P-chloro-m-cresol Dimethyl phthalate Nickel 2-chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4-dimethylphenol 1,2-diphenylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile • 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Base-neutral compounds: Isophorone Bromoform Acenaphthene Naphthalene Carbon tetrachloride Acenaphthylene Nitrobenzene - Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromomethane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene • Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-trichlorobenzene 1,1-dichloroethane Benzo(k)fluoranthene 1,2-dichloroethane Bis(2-chloroethoxy)methane Test results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the Director, within 90 days of sampling. A copy of the report shall be submitted to Central Files to the following address: Division of Water Quality,Water Quality Section, 1617 Mail Service Center,Raleigh,North Carolina 27699-1617. 9 NCDENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT Town of Maiden NC0039594 • FacilityEInformation; (1.)Facility Name: Town of Maiden WWTP (2.) Permitted Flow MGD): 1.0 (6.) County: Catawba (3.)Facility CIass: III (7.)Regional Office: Mooresville (4.) Pretreatment Program: N/A (8.)USGS Topo Quad: E14SW (5.)Permit Status: Renewal (9.) USGS Quad.Name: Maiden -Stream-Characteristics (1.) Receiving Stream: Clark Creek (7.) Drainage Area(mi2): 166 (2.) Sub-basin: 03-08-35 (8.) Summer 7Q10 (cfs): 12 (3.) Stream Index Number: 11-129-5-(0.3)c(2) (9.) Winter 7Q10 (cfs): L22 (4.) Stream Classification: C (10.)30Q2(cfs): (5.)303(d) Status: Impaired(see below) (11.)Average Flow(cfs): ' 77 (6.) 305(b) Status: (12.)IWC%: 11 1.0 Proposed Changes Incorporated Into Permit Renewal ➢ Add TRC limit and compliance schedule. ➢ Remove fecal coliform monitoring based on policy for municipal or domestic facilities not discharging to Class B or fecal coliform impaired streams. ➢ Reduce instream monitoring to 1/week based on instream data. ➢ An annual pollutant scan has been added to the permit. 2.0 Summary Above the Maiden WWTP(from the Newton WWTP to SR2007),Clark creek is impaired for biological impairment due to chlorine(municipal point sourses). Above the WWTP(from SR2012 to confluence with Pinch Gut Creek) the stream has a biological impairment due to hydromodification(intentional channelization). This particular segment of Clark Creek is impaired based on biological data. The cause is unknown but potential sources are industrial point sources,agriculture,and urban runoff/storm sewers. The 2004 Catawba Basin plan makes several recommendations for the watershed,most of which deal with non-point sources and the prevention of additional degradation. The Maiden WWTP has received speculative limits and submitted an EAA for the expansion of their facility to 2.5 MGD. This would allow the facility to acquire waste flows from Delta Apparel,a textile industry also discharging to Clark Creek. During the course of the proposed expansion,the town would also conduct a much needed upgrade involving transforming the plant into a single bath reactor system. • For this renewal the town requested several changes to their existing permit. They requested that instream monitoring be removed or reduced based on the cost of continuing the analyses and the data over the past two permit cycles. They have also requested a cyanide weekly average limit NPDES Permit Fact Sheet- 12/06/05 Town of Maiden WWTP Page 2 NC0039594 cyanide in the influent and at several points throughout the treatment process and the only place showing hits is in the effluent. 3.0 Compliance Summary DMR Data Review DMRs were reviewed for the period of January 2002-September 2005. Monthly average flows for the facility were at 39%capacity with a maximum average monthly flow of 84%capacity. Residual chlorine levels were high,however the facility will be receiving TRC limits during this renewal. Total nitrogen averaged 22.5 mg/L and total phosphorus average 2.48 mg/L. There are no nutrient restrictions in the Clark Creek watershed. A summary of Average Monthly DMR data is summarized in Table 1. Table 1:Monthly Average DMR Data,2002-2005. .m . Total Residual Flow Temp, Chlorine BOD NH3-N TSS Fecal TN TP (MUD) (deg C) (ug/L) (nig/L) (rng/L) (mg/14 (#/1,00 mL) (mg/L) (mg/11..,)_ Avg 0.39 18.28 484.96 17.97 14.98 20.13 44.22 22.48 2.48 Max 0.84 24.12 648.75 31.69 20.51 34.05 149.00 78.07 8.83 Min 0.25 12.59 331.82 9.53 8.78 12.31 7.00 2.30 0.28 Instrearn data was also reviewed for the two-year period of September 2003-September 2005. Average monthly data is summarized in Table 2. From this data it would appear that fecal coliform levels are higher downstream than upstream,however the levels in the effluent are low enough that this is probably not due to the discharge. The facility has not had any violations of its fecal coliform limit over the term of the permit cycle. The fecal coliform limit will be removed due to Division policy for municipal/domestic discharges to waterbodies that are not class B or fecal coliform impaired. The facility has requested a reduction in instream monitoring. Based on instrearn data, monitoring will be reduced to 1/week year-round. Table 2:Monthly Average DMR data, 2003-2005. _ Upstream _ Downstream _. . .. .. Fecal Fecal TEMP DO Coliform Conductivity TEMP DO Coliform Conductivity (0C) (rng/L) (no./100m)) (urnhos/cm) (CC) (frig/1) (no./100m1) (urrthosicrn) Avg 16.4 8.7 493.2 493.8 16A 8.4 652.7 255.1 Max 23.6 12.0 1179,0 884.0 23.7 11.7 1523.0 551.0 Min 7.1 7.0 177.0 223.0 6.9 6.3 183,0 2000. .., . , RPA Analysis RPAs were performed for pollutants of concern as identified in the current permit, as well as parameters monitored as part of the facility's LTMP. Copper,silver,and zinc all showed reasonable potential to exceed their respective water quality standards,however all of the parameters are monitored in the current permit and all are action level parameters. Monitoring will continue as required in the current permit. The maximum predicted cyanide concentration was higher than the allowable concentration. In addition the facility violated its 22 ug/L cyanide limit twice over the previous permit cycle. The • NPDES Permit Fact Sheet— 12/06/05 Town of Maiden WWTP Page 3 NC0039594 facility has asked for a weekly average cyanide limit instead of the daily maximum,however the data shows reasonable potential to exceed the acute criteria,which is expressed as a daily maximum limit. LTMP data was reviewed for arsenic,cadmium,chromium,copper,lead,mercury,molybdenum, nickel,selenium,silver and zinc. DMR data from January 2002-September 2005 was used in all cases except mercury,where only data collected via method 1631 was used(8 samples). For cadmium and lead all of the samples were below the detection level. For the remaining parameters,in each case the maximum predicted concentration was far below the allowable concentration. WET Test Results The Maiden WWTP has passed 22/23 WET tests administered since January 2001. The facility has a chronic toxicity test at an 11%effluent concentration. The single failure was in October, 2003. No cause was determined for the failure and the facility passed the following two consecutive tests. Correspondence File Review/Compliance History The previous permit contained a special condition for a wastewater management plan. The plan was submitted in 2001,as required,and included a Facility Needs Assessment and a • Rehab/Optimization Strategy. The study identified areas of the WWTP where process units reached their usable life and were beyond reasonable repair. Some of those units contain parts that are no longer available and must be fabricated by staff when necessary. Inspections by MRO staff have documented difficulties in providing effective O&M. Many of the facility's operational difficulties should be resolved with the new plant is finished. This work is expected to be completed during this permit cycle. Since February 2003 the Maiden WWTP has incurred six violations of its NPDES permit limits. Two were for BOD,two for cyanide, and two for TSS. The BOD and TSS violations were due to operational difficulties. The facility feels the cyanide violations are related to chlorination at the facility,since no significant levels of cyanide appear to be present in the WWTP influent. Only one of the above violations proceeded to an enforcement case. The penalty assessment was for a weekly average violation of the TSS limit(reported value 64.67 mg/1). 4.0 Proposed Schedule for Permit Issuance Draft Permit to Public Notice: December 7,2005 Permit Scheduled to Issue: February 1,2006 5.0 State Contact Information If you have any questions on any of the above information or on the attached permit, please contact Toya Fields at(919)733-5083,extension 551. Copies of the following are attached to provide further information on the permit development: • Draft permit NPDES Recommendation by: • NPDES Permit Fact Sheet — 12/06/05 Town of Maiden WWTP Page 4 NC0039594 Signature Date Regional Office Comments: Regional Recommendation by: Signature Date Reviewed and accepted by: Regional Supervisor: Signature Date NPDES Unit Supervisor; Signature Date REASONABLE POTENTIAL ANALYSIS Maiden WWTP Outfall 001 NC0039594 Qw=1 MGD To,e Period 2002-2005 Qw(MGD) 1 WWTP Class III 70 10S(cis) 12 IWC(%)®70105 11.439 7Q10W(cis) 22 7Q1OW 6,5817 3002(c1s) 0 0 3002 WA Avg.Stream Flow,QA(c(s) 77 o QA 1.9733 RecYing Stream Clark Creek Stream Class C STANDARDS& PARAMETER TYPE CRITERIA(2) P,oL units REASONABLE POTENTIAL RESULTS RECOMMENDED ACTION pl Ne WQ$r II FAV/ n /D•t. ArafPr.day Aifoaahlr Lly Chronic AM. Acute: 7 .. Copper NC 7 AL 7.3 ug/L 48 44 88.2 _ ___ __—'—'---'— Chronic: —�61 Action level parameter:retale montoring . - - Acute: 22 ..�.. . Cyanide NC 5.0 N 22 10 ug/L 197 44 52.0 Chronic: 44 Retain limit • Acute: 1 . _.. " SIlver NC 0 AL 123 ug/L 49 5 23.9 C _ hron ic: 1 Action level parameter,retain monitoring • Acute: 67 - - - - Zinc NC 50 AL 67 ug/L 48 48 235.2 Chronic: 437 Action level parameter.retain monitoring Acute: WA arsenic C 50 ugfL 16 1 19.1 _ Chronic; 2,534^ Max predicted e<allowable-----------_---_- • Monitored as part of LTMP Acute: WA chromium NC 50 ug/L 16 7 9.2 Chronic: 437 Max predicted cv allowable Monitored as part of LTMP Acute: N/A mercury NC 12 ng/L 8 8 32.2 Note:nel2 _h_n ic:__1_5__Max_ _d i_dce_al lo_ _e - -.7-7' —.— —_ Limited data set Monitored as part of LTMP ... Acute: N/A molybdenum NC 51300 uga_ 16 15 340.2 ---_—_— Chronic: 448.461 Maxpredlcted.nc allowable Monitored as part of.LTMP Acute: N/A nickel NC 88 ug/L 16 54 67.680o Chronic: 769 Max predicted<e allowable Monitored as part of LTMP . Acute: WA selenium NC 5 ugg. 16 1 8.6 • Chronic:_--44 Max predicted<e allowable^ --^�—_—_—�— Monitored as part of LIMP Acute: NIA '" '" 0 0 WA Chronic:error®-Typg---=---------------------------- r Acute: WA O 0 N/A — .—.—.—.—_;:........:—.�__.—.—.—.—.—.— Chro nic:Error -.Type Acute: N/A O 0 WA Chronic:Error®Type Acute: WA O 0 ---.—.^.—:--- Chronic:Error 0 Type - - Mule: N/A O 0 WA Chronic:error®Type •Legend: ••Freshwater Discharge C=Carcinogenic NC=Non-carcinogenic A=Aesthetic 39594_ipa.xis,rpa 12/512005 REASONABLE POTENTIAL ANALYSIS Copper Cyanide Date Data BDL=1/2DL Results Date Data BDL=1/2DL Results 1 1/15/2002 8 8.0 Std Day. 7,4638 1 1/3/2002 2 5.0 Std Dew. 3.3769 2 2/25/2002 11 11.0 Mean 9.0042 2 1/8/2002`; 2 5,0 Mean 5.4721 3 3/25/2002' 6.4 6A C.V. 0,8289 3 1/15/2002 2.8 5,0 C.V. 0,6171 4 4l9/2002` 13 13.0 n 48 4 1/25/2002" 2 5.0 n 197 5 5/15/2002 7.2 7,2 5 1/'31,/2002 2 5.0 6 6/4/2002 8.9 8.9 Mull Factor= 2.0500 6 2/6I2002 i, . 4.1 5.0 Mull Factor= 1.2100 7 7/1012002 9.4 9,4 Max.Value 43.0 ug/L 7 2/12/2002 13 13.0 Max.Value 43,0 ug/L 8 8/28/2002 15 15.0 Max.Pred Cw 88.2 ug/L 8 2/21/2002 2 5.0 Max.Pred Cw 52,0 ug/L 9 9/18/2002 5.4 5.4 9 2/27/2002 2.4 5.0 10 10/23/2002 7.5 7.5 10 3/2/2002 2,4 5.0 11 11/25/2002 8,2 8.2 11 3/7/2002 y../ 2 5.0 12 12/23/2002 9.8 9,8 12 3/11/2002 2 5,0 13 1/1712003' 9.5 9.5 13 3r20/2002 " 2 5.0 14 2/20/2003 12 12,0 14 3/28/2002 4,5 5.0 15 3/27/2�003- 13 13,0 15 4/512002", 2 5.0 16 4/29/2003 11 11.0 16 4/9/2002 2 5.0 17 5/28/2003 5.6 5.6 17 4/17/2002`u' 2 5.0 18 6/24/2003 8.3 8.3 18 4/24/2002'1% 2 5,0 19 7/23/2003 3.5 3.5 19 5/1/20021-P 2 5.0 20 8/26/2003 4.8 4.8 20 5/8/2002 ' 2.3 5.0 21 9/17/2003 7.6 7.6 21 5/16/2002 2.1 5.0 22 10/202003. 2 1.0 22 5/22/2002 2 5,0 23 11/26/2003 5.2 5,2 23 5/29/2002 2 5,0 24 12/22/2003 2 1,0 24 6/4/2002! a 2 5.0 25 1/16/2004 2 1.0 25 6/11/2002 1, 2 5.0 &ts. 26 1/28/2004 6.6 6.6 26 6/19/2002 - 2 5.0 27 2/24/2004 27 27.0 27 6225/2002 r 2 5.0 28 3/30/2004 12 12.0 28 7/2/2002 2 5.0 29 4/29/2004 3.7 3.7 29 7/10/2002 p 7.7 5.0 30 6/2/2004 i, 4 4.0 30 7/16/2002 P 2 5.0 31 6/15/2004 9.7 9.7 31 7/24/2002 11 5.1 5.0 32 7/16/2004 43 43.0 32 7/31/2002 3,1 5.0 33 8/11/2004,\ll 14 14.0 33 8/7/2002� 1, 2 5.0 34 9/27/2004s. 28 28.0 34 8/16/2002,', `, 2 5,0 35 10/5/2004 8.9 8.9 35 8122/2002 tr 2 5.0 36 11/16/2004 - 2 1.0 36 8/30/20021W: 2 5,0 37 11/30/2004 4 7 7.0 37 9/4/2002 e, 2 5.0 /° 38 12216/2004" 9,6 9.6 38 9/11/2002 2 5.0 39 1/11/2005' 2.4 2.4 39 9/18/2002 ' 2 5.0 40 2/8/2005 4.4 4.4 40 9/25/2002 i 2.2 5.0 41 3/10/2005 7.2 7.2 41 10/2/2002 s . 2 5.0 42 3122/2005 12 12.0 42 1019/2002 a;''; 2 5.0 1�. 43 4/20/2005 4.7 4,7 43 10/15/2002 ' 2 5.0 44 5/25/2005. 6.1 6.1 44 10/23/2002 1., 3.2 5.0 45 6/14/2005 5 5.0 45 10/30/2002' 5.2 5.0 46 7/19/2005: 2,8 2.8 46 11/6/2002;.1 2.6 5.0 47 8/16/2005 16 16,0 47 11/14/2002 N,, 2 5.0 48 9/27220051, 3.8 3.8 48 1 1/19/2002 t ' 2 5.0 49 49 11/27/2002k 2 5.0 1' y 3 50 a 50 t214/2002:k 2 5.0 51 4 51 12/12/2002..t 2,1 5.0 52 ,.its 52 12120/20021:' 2 5,0 53 +` 53 1027/2002 I 2 5.0 54 m0k 54 12131/2002 ', 2 5.0 55 t''^ 55 1/8/2003�i�; 9.4 5.0 56 56 1/17/20031. 2 5.0 57 57 1,/21/2003 F 2 5.0 58 0.4 58 2/1/2003 5 5.0 59 59 2/4/2003 ' 2 5.0 60 60 2/14/2003\ ' 2 5,0 61 {III 61 2/18/2003 k: 2 5,0 62 ^1�P` 62 3/1/2003 '4° 2 5.0 63 4 a t 63 3/4/2003 2 5.0 64 64 3/11/2003 ;,;; 2 5.0 65 �: 65 3/18/2003 2 5.0 66 66 3227/2003 t) 2 5,0 67 ' 67 4/2/2003 t, 2 5.0 68 68 4/e/2003 pza 2 5,0 69 ' 69 4/16/2003/ 2 5.0 39594_rpa.xls,data • 1 - 12/6/2005 REASONABLE POTENTIAL ANALYSIS 70 70 4/22/2003' 2 5.0 71 ,' 71 4/29/2003 1v 3 5.0 72 5/7/2003 c; 2 5.0 73: 72 a" „ i`' . "; 73 5l14/2003? 2 5.0 , 74 74 5/21/2003 2 5.0 75 s 75 5/27/2003€"a- 2 5.0 76;. ` , *^ 76 6/2/2003, 2 5.0 77- • 77 6/11/2003 << 2 5.0 78; 78 6/17/2003.< 2 5.0 79 - 79 6/24/2003` g 2 5.0 t 80 7/812003 0- 2.6 5.0 81 81 7/15/2003 e 2 5.0 82. 82 7/23/2003;,-, 29 29.0 83k 83 7/29/2003 •<, 2 5.0 >, . pub 84 8/5/2003$<. 2 5.0 85' ` _ . 85 8/13/2003 g<`� 2 5.0 86'. 86 8/19/2033 2 5.0 87, , 87 8/26/2003 c� 2 5.0 881 ;- „<- .., 88 9/3/2003;<. 2 5.0 89; � � BB 911012D03 g 3.6 5.0 90 • 90 9/16/2003 < 2 5.0 91 91 9/24/2003°.< 2 5.0 92- 92 9/30/2003 2 5.0 93 ' ,r 93 10/8/2003 K' 2 5.0 94 94 10/16/2003[< 2 5.0 95• 95 10/22/2003 < 2 5.0 ,: ' 9696 10/29/2003„ 2 5.0 97 �.f 97 11/4/2003 L,<,t 2 5.0 98 98 11/14/2003, 2 5.0 99 - 99 11/21/2003 2 5.0 100- 100 11/26/2003"< 2 5.0 101 101 12/3/2003 -4', 2 5.0 102 " ' 102 12/9/2003 355 2 5.0 103' d : ' 103 12118I2003�.. 2 5.0 104 104 12/2212003 < 2 5.0 IR 105' 105 12/31/2003 <; 2 5.0 106' 106 1/7/2004 2 5.0 107 t 107 1/16/2004'<< 2 5.0 108' 108 1/21/2004'< 2 5.0 109 109 1/28/2004'[` 2 5.0 110.. ' 110 2/4/2004, 12 12.0 111 �'"�' 111 2/11/2004,C' 2 5.0 112) 112 2/18/2004< 2 5.0 - • 113. 113 2/24/2004 <= 2 5.0 tar 114: 114 3/2/2004 4-343.0 115 �� 115 3/9/2004 2i 2 5.0 116 116 3/16/20041. 2 5.0 117; 117 3/23/2004 <' 2 5.0 118 118 3/30/2004 13 5.0 119 119 4/6I2004'c- 2 5.0 120' 120 4/1412004 < 2 5.0 121' 121 4/16/2004`<. 2 5.0 122 ,• 122 4/20/2004 2 5.0 123' i'a 123 4• /27/2004''<+ 2 5.0 124 124 5/4/2004:<'� 2 5.0 125 . 125 5/11/2004'< 2 5.0 126 126 5/18/2004 y? 16 16.0 127 127 5/27/2004 ;< 2 5.0 128. 128 6/1/2004 c; 2 5.0 129 129 6/8/2004 " 2.5 5.0 130 130 6/15/2004 ,c' 2 5.0 131 131 6/22/2004 <s 2 5,0 132 ;.:F 132 6/29/2004 yet 2 5.0 133 133 7/7/2004 < 5 5.0 134, 134 7/16/2004 < 5 5.0 135 , 3' • 135 7/21/2004 zr 5 5.0 136, 136 7/28/2004 < 5 5.0 137, 137 8/4/2004 -c 5 5.0 138 138 8/11/2004 <.' 5 5.0 139 , 3= 139 8/18/2004 < 5 5.0 140. - 140 8/25/2004 < 5 5.0 141' 141 9/1/2004 c 5 5.0 142, 142 9/10/2034 < 5 5.0 39594_rpa.xls,data -2- 12/6/2005 C R1 I V U) N 60000 © O O O O O C? O CJ C3 0 O O O O O O O O Q O 0 O © 0, © O' O O, O O O 0 O O O © O t_J O O C3 G)C,7 © C) O O O O I!) 6 6u'i U 6 li) 66 u'i ll') u)u'i u'7 6 U)6 ui 66 U) 6 U) N Lc) U) u) cf! U) uY to vi N N UCl 6 U) 6 U, N U) u) vi V) ui u) ui 6 ui Vi rl) U) 6 6 6 VJ N iri N u) N N N N N N nn.U7 N N N N N rfi N N O N N N N N N N N N N N N N N N N N N rD N N N ul N N N N N N N r m r ui aT u) N N N N N N N N N N N N N N N N N N N u) N u7 u) N u7 N u1 N N N N N NN N § § § §§ § go § §.§ § § § § g § gggg © ggggg § ggg § § § § § gg© igggg8gggggggg N N N N N N N N CV N N N N N N N N N 2�i N N N N N N N N�I N N N�,I N C-7 N �i N N N N N N N N c c vZcg_s nggg,Ac5" gggg gu) g cg�r ggi �a gnc7 ©_ og gv_ 65ggmgggygg ggc`sr: J r N N © N N '- N M N N r N r [^} a N j N C') ., N N N N tit! N N n. r r N 4U N C79 r N N C1(6 r -6 rrrrn7c� c� r r� ci e�C�C 41- u�)? u� rtu3 n `nr= 63 � � 66262a 'CCRom, II-' Cvr Vr '4 4' 4 U) C)rr© N1 Nmr N. N O N- 23 4 5 N T n 23 Po' n nNnnQ nN fD n- R- P. N CC 1N 69 SS CT ' mNr n e N)P n m 0 7- rrr- 7- 7- rrr ,r rrr r .- � ,r r- r .- .- r .- .- rr 7- - r7- r ro 0 LU J Q z 0 CO LU CC �4'a .,v ,...' .•' .a �'„ ^� , .. .�3�§K, �„ ,.. �i ..¢,n a 4 x�,' a . .. �.w.�r ����,w,,,. , ��'3��. w v v vv ,r6anu v iun) wm) u0)g a000CD '43 C' ao CO OCO CO Qnnr � U, CO co n ® mmmmmrcgmcocoa) a)a) coc`�irnao (7, 01 g r r r .- r r r r r r r .- r .- r r r r r r r .- r '- r r r r r .- r r r N • REASONABLE POTENTIAL ANALYSIS • Silver Zinc Date Data BDL=1/2DL Results. Date Data BDL=1/2DL Results 1 1/15/2002`;; 10 10.0 Sid Dev. 1.4756 1 1/15/2002.y`" 61 61.0 Std Dev. 26.7486 2 2/25/2002 <' 2 1.0 Mean 1.3551 2 2/25/20021 56 56,0 Mean 66.4583 3 3/25/2002 2 1.0 C.V. 1.0890 3 3/25/2002�'" 72 72,0 C.V. 0.4025 " 4 4/9/2002?i, 2 1.0 n 49 4 4/9/2002.` 56 56.0 n 48 5 5/15/2002.< 2 1.0 5 5/15/2002 ; 44 44.0 6 6/4/2002 r 2 1.0 Mutt Factor= 2.3900 6 6/4/2002 "? 55 55.0 Mutt Factor= 1.4700 7 7/10/2002 f' 2 2.0 Max.Value 10.0 ug/L 7 7/10/2002 "._ 95 95.0 Max.Value 160.0 ug/L 8 8/28/2002 •<r 2 1.0 Max.Pred Cw 23.9 ug/L 8 8128I2002 eit'-& 130 130.0 Max.Pred Cw 235.2 ug/L 9 9/18/2002 4 4< 2 1.00 9 9/18/2002 �.� 54 54.0 10 10/23/2002 rg 2 1.00 10 10/23/2002"s 46 46.0 11 11/25/2002 c: 2 1.00 11 11/25/2002 :' 45 45.0 12 12/23/2002a 2 1.00 12 12/23/2002'?P 53 53.0 13 1/17/2003 ?z`� 2 2.00 13 1/17/2003-_' 52 52.0 rat 14 2/20/2003'.c1 2 1.00 14 2/20/2003; ,, 52 52.0 15 3/27/2003•''< 2 1.00 15 3/27/2003;', 110 110.0 16 4/29/2003 c 2 1.00 16 4/29/2003 , 46 46.0 17 5/28/2003 "<',' 2 1.00 17 5/28/2003->;• 36 36.0 18 6/24/2003"<? 2 1.00 18 6/24/2003 3 45 45.0 19 7/23/2003_x,? 2 1.00 19 7/23/2003 31 31.0 20 8/26/2003°<; 2 1.00 20 8/26/2003'' 52 52.0 21 9/17/2003 <` 2 1.00 21 9/17/2003 ` 44 44.0 22 10/22/2003 S 2 1.00 22 10/22/2003.v 34 34.0 23 11/26/2003'< 2 1.00 23 11/26/2003 U 76 76.0 24 12/22/2003 < ' 2 1.00 24 12/22/2003 1 65 65.0 25 1/16/2004 ""x 2.3 2.30 25 1/16/2004; 87 87.0 26 1/28/2004 < 2 1.00 26 1/28/2004 75 75.0 27 2/24/2004 . 2 1.00 27 2/24/2004 '54 54.0 28 3/30/2004',,<, 2 1.00 28 3/30/2004 i 160 160.0 29 4/29/2004' 2 1.00 29 4/29/2004",3, 110 110,0 30 6/2/2004`:< 2 1.00 30 6/2/2004 a. 40 40.0 31 6/15/2004 < 2 1.00 31 6/15/2004 ., 56 56.0 32 7/16/2004:c' 2 1.00 32 7/16/2004 / 87 87.0 33 8/11/2004 -r- 2 1.00 33 8/11/2004 '. 59 59.0 34 9/27/2004 rc 2 1.00 34 9/27/2004 88 88.0 35 10/5/2004;'.r; 2 1.00 35 10/5/2004 L, 59 59.0 36 11/16/2004 r', 2 1.00 36 11/16/2004 x 67 67.0 37 11/30/2004 < 2 1.00 37 11/30/2004 120 120.0 38 12/16/2004.;<. 2 1.00 38 12/16/2004 84 84.0 39 1/11/2005 <; 2 1.00 39 1/11/2005,,; 81 81,0 40 2/8/2005:<`> 2 1.00 40 2/8/2005'm 76 76.0 41 3/10/2005'<', 2 1.00 41 3/10/2005 rr'x 71 71.0 42 3/22/2005 <' 2 1.00 42 3122/2005': 92 92.0 43 4/20/2005 a; 2 1.00 43 4/20/2005 59 59.0 44 4/29/2005 '< 2 1.00 44 5/25/2005„',e 70 70.0 45 5/25/2005 '< 2 1.00 45 6/14/2005 j i' 32 32.0 46 6/14/2005'``'l 6,1 6.10 46 7/19/2005 " 40 40.0 47 7/19/2005 < 2 1.00 47 8/16/2005` , 57 57.0 48 8/16/2005 ;r' 2 1.00 48 9/27/2005 56 56.0 49 9/27/2005 <' 2 1.00 49 50 50 g 51 51_ 52 52.` 53 53 54' 54' 55l 55 , . 56 , 56 57 57 58 58' 59 59 60 60 61 - 61 62, 62 63' 63 , , 64 64 65 65 66' 66 67. 67, - 68 68 69 69, 39594_rpa.xls,data -4- 12/6/2005 REASONABLE POTENTIAL ANALYSIS arsenic chromium Date Data BDL=112DL Results Date Data BDL=1120L Results 1 1-Sep< 5 2.5 Std Dev. 1.5000 1 1-Sep 2.2 2.2 Std Dev. 0.9659 2 Jul-05 Mean 2.8750 2 Jul-05 Mean 1.7313 3 Jun-05< 5 2.5 C.V. 0.5217 3 Jun-05< 2 1.0 C.V. 0.5579 4 Mar-05< 5 2.5 n 16 4 Mar-05< 2 1.0 n 16 5' 0ul-04< 5 2.5 5 Jul-04 3.9 3.9 6 May-04 Mult Factor 2.2500 6 May-04 Mult Factor= 2.3600 7 Apr-04 Max.Value 8.5 ug/L 7 Apr-04 Max.Value 3.9 ug/L 8 Mar-04< 5 2.5 Max.Pred Cw 19.1 ug/L 8 Mar-04 2.1 2.1 Max.Pred Cw 9.2 ug/L 9 Nov-04< 5 2.5 9 Nov-04 3.3 3.300 10 Oct-04 10 Oct-04 11 Sep-04< 5 2.5 11 Sep-04< 2 1.000 12 Jan-04 8.5 8.5 12 Jan-04 2.8 2.800 13 Dec-03< 5 2.5 13, Dec-03 2 2.000 14 Aug-03< 5 2.5 14 Aug-03< 2 1.0 15 Jun-03< 5 2.5 15 Jun-03< 2 1.0 16 Mar-03< 5 2.5 16 Mar-03< 2 1.0 17 Oct-02< 5 2.5 17 Oct-02< 2 1.0 18 Jul-02< 5 2.5 18 Jul-02 2.4 2,4 19 Apr-02< 5 2.5 19 Apr-02< 2 1.0 20 Jan-02< 5 2.5 20 Jan-02< 2 1.0 21 21 22 22 23 • 23, ' 24 e; 24 25 25 26 26 27 - 27 28 28 29 29 30 � 30 31 31 , 32 32 33, 33• 34' 34: 35 35 36 36 37 37 38 38 39 39 40 40, 41' 41 - 42 42 43 43 44 44 45 45 46 A6 47 47 48 48 49 49 ' 50 50 51 51 52 52 53 53 54 54 55' 55 56 . 56 57 57 58 58, 59 59 60 60 61 . . 61 62 62 63 63 64 64 65 65 66 66 67 67 68 68 69 - 69 39594_rpa.xls,data -7- 12/6/2005 REASONABLE POTENTIAL ANALYSIS • mercury molybdenum Date Data 9DL-1/2DL Results Date Data HDL-1/2DL Results 1 1-Sep 6.88 6.9 Std Dev. 3.1276 1 1-Sep 21 21.0 Std Dev. 37.6041 2 Jul-05 4.22 4.2 Mean 6.5988 2 Jul-05 Mean 65.0063 3 Jun-05 C.V. ',0.4740 3 Jun-05 63 63.0 C.V. 0.5785 4 Mar-05 n 8 4 Mar-05 18 18.0 n 16 5 Jul-04 3.24 3.2 5 Jul-04 87 87.0 6 May-04 4.39 4.4 Mult Factor 2.6600 6 May-04 Mult Factor. 2.4300 7 Apr-04 5.27 5.3 Max.Value 12.1 ng/L 7 Apr-04 Max Value 140.0 ug/L 8 Mar-04 Max.Pred Cw 32.2 ng/L 8 Mar-04 53 53.0 Max Pred Cw 340.2 ug/L 9 Nov-04 6.29 6.3 9 Nov-04 69 69.0 10 Oct-04 10.4 10.4 10 Oct-04 11 Sep-04 11 Sep-04 110 110.0 12 Jan-04 12 Jan-04< 0.2 0.1 13 Dec-03 12. 12.1 13 Dec-03 19 19.0 14 14 Aug-03 85 85.0 15 15 Jun-03 56 56.0 18 i 16 Mar-03 94 94.0 17 17 Oct-02 98 • 98.0 18 i , 18 Jul-02 140 140.0 19 19 Apr-02 67 67.0 PO 20 Jan-02 60 60.0 ' 21' 21 22 • 23 "t 23 - 24 g 24 {:xR • 25 • 25 _ 26 26 27 27 :; 28 g` 28 ,; 29' vt 29 30, 30 31 u 31' 32 32: 33 lr 33 34 34 - 35 := 35, 36 36', 37 l', 37, 38 i 38 ` , . s 39 rg 39, 40 401 ,mg 41 41 'a 42 42'. , e 43 � . 43' 44 44, 45 >'t. 45' 46 46 47 p;: 47 48 grr, s 48 49 , T 49 50 6j' 50 51 -gg 51 . 52 * 52, , 53 53 54, 54' . 55 55 56 56- 57 57 58 ,`, 58 59 59 60 60 61 ''` 61 62 62" : 63, 63 64 64 65 65' 66 66 67 67 68 68 . 69 _. 69 - 39594_rpa.xls,data -10- 12/6/2005 REASONABLE POTENTIAL ANALYSIS • nickel selenium Date Data BDL=112DL Results Date Data BDL=112DL Results 1 1-Sep 12 12.0 Std Dev. 7.5669 1 1-Sep< 5 2.5 Std Dev. 0.75 2 Jul-05 Mean 11.2813 2 Jul-05 Mean 2.69 3 Jun-05 9.2 9.2 C.V. 0.6707 3 Jun-05< 5 2.5 C.V. 0.28 4 Mar-05 6.3 6.3 n 16 4 Mar-05< 5 2.5 n 16 5 Jul-04 6.1 6.1 5 Jul-04< 5 2.5 6 May-04 Mull Factor 2.74 6 May-04 Mutt Factor= 1.5700 7 Apr-04 Max.Value 32.0 ug/L 7 Apr-04 Max.Value 5.5 ug/L 8 Mar-04 17 17.0 Max.Pred Cw 87.7 ug/L 8 Mar-04< 5 2.5 Max.Pred Cw 8.6 ug/L 9 Nov-04 20 20.0 9 Nov-04< 5 2.5 10 Oct-04 10 Oct-04 11 Sep-04 19 19.0 11 Sep-04< 5 2.5 12 Jan-04 32 32.0 12 Jan-04 5.5 5.5 13 Dec-03 11 11.0 13 Dec-03< 5 2.5 14 Aug-03 9.4 9.4 14 Aug-03< 5 2.5 15 Jun-03 11 11.0 15 Jun-03< 5 2.5 16 Mar-03 6 6.0 16 Mar-03< 5 2.5 17 Oct-02 7.7 7.7 17 Oct-02< 5 2.5 18 Jul-02< 5 2.5 18 Jul-02< 5 2.5 19 Apr-02< 5 2.5 19 Apr-02< 5 2.5 20 Jan-02 8.8 8.8 20 Jan-02< 5 2.5 21 • 21 22 22 23 23 24 24 - 25 ;; 25 26 1," 26 27 - '1 27 28 -' 28' : 29 29 30 30 >, 31 31 32 1 32 , 33 • 33 34' 34 35 35 36 • 36 37 37 38 - '' 38` 39 ': 39 40' '; 40 ' 41' '" 41 42 42 43' 43 44 _ 44 , 45 45 46 46 47 47 48 48 49 : ` 49 a 50 50 51, 51 '. 52, 52 53 53 54 54 . 55 55 56 56 57' 57 58 58 59 59 60 61 0.4 61' 62 62 63 63, 64 64 65' 65 66 66 67 67 68 68 69 ;,;.i 69 39594_rpa.xls,data -13- 12/6/2005 Whole Effluent Toxicity Testing Self-Monitoring Summary November 15,2005 FACILITY REQUIREMENT YEAR JAN FED MAR APR MAY MN All. AUG SEP OCT NOV DEC LP Corp-Roaring River WMTP chr limn 1.0% 9 2001 Pass — — Pass — — Plea — — Pass — — NC0005266/001 Begin:9/1/2004 Frequency.Q Jan Apr Jul Ocl + NanCamp:Single 2002 Pass — — Pass — — NR/Pass -- — Pass — — County.Wilkes Region:WSRO Subbasin:YADOI 2003 Pass — — Pass — — Pus — — Pass — — PF:1.5 special 2004 Pass — — Pass — — Pass — — Pass — — 7QI0;228.0 IWC(%)1.0 Ordec: 2005 Pass — — Pass — — Pssa — — Lucent Technologies,Inc. chr limn 90% 200t — — Pass -Y Pass — — Pass — — Pass NC00808531001 Bcgin.7l12004 Frequency:Q Mar Jun Sap Dec + NonComp:Single 2002 — — Pass — — Pass — --- Pau — — Pass County,Forsyth Region:WSRO Subbesin;YADD4 2003 — — Pass — — Pass — — Pass — — Pass - PF:0.302 special 2094 — — • Pass — — Pass — — Pass — — Pass 7Q10:0.05 IWC(%)90 Order; 2005 — — Pass — — Puss — — Pass ' ]im: -' Lumberton Power.LLC the 0.51% 2001 — Pass — — Pass — — Pass — — Pass — `. NC0058301l003 Begin:7/1/2005 Frequency: Feb MayAugNov + NanCalnp:Single 2002 — Pass — — Pass — — Pass — — Pass — County:Robeson Region:FRO Subbasin:LUM51 2003 — Pass — — Pass — — Pass — — Pass — PF:0.45 Special 21304 — Pass -- — Pass — — Pass — — Pass — 7QI0:120.0 IWC(%)0.51 Order 2005 — Pass — — Pass — — B — • Lumberton WWTP chrlim:21% 9 2001 — Pass — — Pass — — Puss — — Pass — NC00245711001 Begin.9/112004 Frequency.Q Feb May Aug Nov + NonComp:Single 2002 — Pass -- — Pass — — Pass — — Pass — County:Robeson Region:FRO Subbssin;LUMSI 2003 — Pass — — Pass — — Pass — — Pass — PF:20 Special 2004 -- Pass,>42(p) — — Pass — — Pass — — Pass — 7Q10:120 IWC(%)21 Orden 2005 — Pass — — Invalid Pass — Pass — Magellan Selma Terminal 24hr LC50 ac montt epis Rhd 2001 — — >100 — — — -- — — - — — NC00523111001 Begin:3/1/2004 Frequency.A NonComp: 2002 — — '100 — — — — — — — — — County.Johnston Region:RRO Subbasin:NEU02 2003 — — .100 — — — — — — -- — — Special 2004 — — 182 — — — — — .- — — 7Q10:0.0 IWC(9:)106,0 Order: 2005 — — — >100 — >100 — __ __ - . . - Magellan Terminal Holdings 24hr LC50 ac monit epic 2001 — — Pass — — — — — — — — — N0 0005 18510 0 6 5egin9l1@ 10 001 Frequency: NonCamp: 2002 — — — — > O — — — — — — — County Mecklenburg Region:MRO Subbasin:CTB34 2003 — — — — >109 — — -- — -- — PF:NA Special 2004 — — — — Pass >15 — — — — — — 7Q10:DA IWC(%)100 Order. 2005 — — -- — >100 — — — — Maggie Valley WWTP chr lira:6% 2001 Pass — — Pass -- — Pass — — Puss — — • NC0056561/001 Begin:4/12002 Frequency:Q Jun Apr Jul Oct + NanComp:Singlo 2002 NR/Pass — — Pass — — Pus — — Pass — — County.Haywood Region:ARO Subbasin:PRB05 2003 Pass — — Pass — — Pass — Pass — -- PF:1.0 special 2004 Pass — — Pass — — Pus — — Pass,>12(P) — — 7QI0:23.0 IWC(%)6.3 Order. 2005 Pass,>12(P) — — Passe>12(P) — — Pus,>1201) — — hlaldeo WWTP chr lime 11% 2001 Pgss.Pass — — Pass — — Pass — — Pass — — NC00395941001 Begin:1/12001 Frequency Q Jan Apr Jul Oct + NonCamp:Single 2002 Pass — — Pass — — Puss — — Paso — — County Catawba Region:MRO Subbasin:CTB35 2003 Pass — — Pass — — Pass — — Fall >44 >44 PF:1.0 Special 2004 Pass — -- Pass,>40(P) — — Pass,>40(P) — — Pass,>40(P) — -- 7QI0:12.0 IWC(%)I I Order: 2005 Pass,>44(P1 -- — Pass — — Pass — — Pass MaoleoWWTP 24hr pilau linv 9O'/. 2001 — Pass — — Pass — — Pass — — Pass -- NC00790571001 Begin 1/1/2004 Frequency:Q P/F + Feb May Aug Nov + NanComp:Single 2002 — Pass — — Pass — — PassJaass(p) — — NWPass — County.Dare Region:WARO Subbasini PAS5l 2003 — Pass — — Pass — — Pass — — Pass — PF:0,6 special 2004 — Pass — , NR/Poaa — Pass — — Pass . 7Q10:TIDAL 1WC(%)NA Order. 2005 — Pass — — Pass — — Pass — . Marathon Petroleum 24hr LC50 ac manic epic ilhd 2001 Pass — — _ — — — — — — — — — NC0 04 621 31001 Begin:l1I12005 Frequency;A NanCamp: 2002 — NR/Pass — — — — — — — — — — ., County.Mecklenburg Region:MRO Subbasin:CTB34 2003 Pass — — -, — — — — — — — — PE:VAR special 2004 '100>10D — — — — — — — — — — — 7Q10;0.0. IWC(%)10D order 2005 — >100 — — — — — — Marlon-Carpcning Cr.WWTP chr Lim:67% 2001 — Pass — — Fen >90 >90 Pass — — Pass — , , NC0031879l001 Begin:111/2001 Frequency:Q Feb May Aug Nov + NonCamp:Single 2002 — Pass — — Pass — — Pass — — Pass — County:McDowell Region:ARO Subbasin:CTB30 2003 — Pass — — Pass — — Pass — — Pass — PF;3,0 Spevisl 2004 — Poss.>100(P) — Pass.>100(P) Pass — — Pass — — Pass — 7Q10:2.3 IWC(%)66.9 Orden 2005 — Pass — — Pass — — Pass — ' a Pre 2001 Data Mailable LEGEND: PERM=Permit Requirement LET=Administrative Letter-Target Frequency Monitoring frequencyQ-Qoarterly;M-Monthly;BM-Bimonthly;SA-Semmiannually;A-Annually;OWD-Only when discharging D-Discontinued monitoring requirement Begin=First month requited 7Q I0=Receiving stream law Row criterion(cfs) +=quarterly monitoring imereases to monthly upon failure or NR Months that testing must occur-ea.Jan.Apr.Jul.Oct NanCamp=Current Compliance Requitement PF=Permitted Row(MOD) 1WC°%'lnstream waste concentration P/F=Pass/Fail list AC=Acute CHR=Chronic Data Notation:f-Fathead Minnow;•-Ceriodaphnia sp.;my-Mysid shrimp;ChV-Chronic value;P-Mortality Of staled percentage at highest concentration;at-Performed by DWQ Aquatic Tax Unit;bt-Bad test Reporting Notation:—a Data not required;NR-Not reported Facility Activity Status:I-Inactive,N-Newly lssued(To construct);II-Active but not discharging:t-More data available for month in question; -ORC signature needed 28 MONITORING REPORT(MR)VIOLATIONS for: Report Date: 12105/05 Page: 1 of 1 Permit nc0039 4. ;," s. .MR et eery 1400 '"arid 12 005 Regt+rt' VNllaitott Cate tT% P ogr rt Cal n fli"Nairn: P r rt Uarree ; : ,. ' et1ll Ltbt ' II � .,Vir t tlbn m:; PERMIT:NC0039594 FACILITY: Town of Maiden w Maiden WWTP COUNTY:Catawba REGION: Mooresville Limit Violation MONITORING OUTFALL, VIOLATION UNIT OF CALCULATED REPORT i PPI LOCATION PARAMETER DATE FREQUENCY MEASURE. LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 08.2005 001 Effluent SODA 5-Day(20 Deg.C) 08/06105 3 X week mg/I 45 55.17 Weekly Average Exceeded None 08-2005 001 Effluent SOD,5-Day(20 Deg.C) 08/31105 3 X week mg/1 30 31.89 Monthly Average Exceeded None 07-2003 001 Effluent Cyanide,Total(as Cn) 07/23/03 Weekly ugh 22 20 Daily Maximum Exceeded Proceed to NOV 03.2 04 001 Effluent Cyanide„Total(as Cn) 03/02/04 Weekly ug/l 22 43 Daily Maximum Exceeded Proceed to NOV 02-2003 001 Effluent Solids,,Total Suspended 02/28/03 3 X week mg/1 30 34.05 Monthly Average Exceeded Proceed to NOV 03-2003 001 Effluent Solids,Total Suspended 03101/03 3 X week mgdl 45 64,67 Weekly Average Exceeded ProeedEnforcementto Case Monitoring Violation MONITORING OUTFALL VIOLATION UNIT OF CALCULATED REPORT r PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05-2004 001 Effluent Copper„Total(as Cu) 05/31/04 Monthly mg/I Frequency Violation Proceed to NOV 07-2003 001 Effluent Cyanide,Total(as Cn) 07/05103 Weekly ughl Frequency Violation None 05-2004 001 Effluent Nitrogen,Total(as N) 05131/04 Monthly mgtl Frequency Violation Proceed to NOV 05-2004 001 Effluent Phosphorus,Total(as P) 05/31/04 Monthly mg/I Frequency Violation Proceed to NOV 05-2004 001 Effluent Silver,Total(as Ag) 05/31/04 Monthly mgtl Frequency Violation Proceed to NOV 01_2003 001 Effluent Temperature,Water Deg, 01/04/03 5 X week deg c Frequency Violation None Centigrade 04-2003 001 Effluent Temperature,Water Deg, 04/19103 5 X week deg c Frequency Violation None Centigrade 04-2004 001 Effluent Temperature,Water Deg, 04/10104 5 X week deg c Frequency Violation None Centigrade 05.2004 001 Effluent. Zinc,Total(as Zn) 05/31/04 Monthly ugh Frequency Violation Proceed to NOV • Permit Enforcement History Permit: NC0039594 Facility:Maiden WWTP Owner:Town of Maiden Region:Mooresville County:Catawba Penalty Remission Enforcement Collection Has Assessment Penalty Enforcement Request Conference EMC Memo Sent Payment Case Number Approved Amount Costs Damages Received Held Hearing Held to AGO Total Paid Balance Due Plan Case Closed LV-2000-0161 05/19/00 $3,000.00 $82.17 $3,082.17 .00 No 06/14/00 LV-2003-0481 07/16/03 $250.00 $85.45 07/26/03 10/01/03 $335.45 .00 No 10/28/03 Total Cases: 2 $3,250.00 $167.62 3,417.62 $.00 Total Penalties: $3,417.62 Total Penalties after remission(s): $3,417.62 • tit-1 OF W A 7'F Michael F.Easley,Governor William G.Ross Jr.,Secretary vj e 7- North Carolina Department of Environment and Natural Resources • =.i Alan W.Klimek.P.E.,Director p ` Y Division of Water Quality April 25,2005 Mr.Eddie Faulkner,Public Works Director Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 • Subject: Results from Effluent Sampling Analyses Maiden WWTP NPDES Permit No. NC0039594 Catawba County,N.C. Dear Mr.Faulkner: Enclosed please find the results from the laboratory analyses performed on the effluent samples from the Town of Maiden's wastewater treatment plant(WWTP). The samples analyzed were composite and grab samples collected during the Compliance Sampling Inspection performed by Mr. Wes Bell on March 8,2005. The results of the effluent BOD and fecal coliform analyses were above the weekly average effluent permit limits(45.0 mg/I and 400 col./100 mis.). The remaining effluent analyses show compliance with all permit effluent limits. Please attach this letter to the inspection report dated March 9,2005 to complete your records on the inspection. If you have any further questions regarding this matter,please do not hesitate to contact Mr.Bell or me at(704)663-1699. • Sincerely, D.Rex Gleason,P.E. Surface Water Protection Regional Supervisor • WB 7 i NODEINri N.C Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 ANALYTICAL RESULTS SHEET NAME OF FACILITY: Maiden WWTP Grab: X Composite: X Sample Date(s): 03/08/05 NPDES Permit No. NC0039594 Sample Location: Effluent County: Catawba BOD5,mg/1 76 Phenols,ug/1 COD:High,mg/1 Sulfate,mg/1 COD:Low,mg/I Sulfide,mg/1 Coliform:Fecal,#/100 ml 58000 Biomass:Dry Weight Coliform:Total,4/100 ml Biomass:Peri Ash Free Coliform:Tube Fecal,MPN NH,-N,mg/1 12 Coliform:Tube Total,MPN TKN,mg/I 19 Residue: Total,mg/I NO2+NO3,mg/I 0.62 Volatile,mg/I PO4,mg/I Fixed,mg/1 P:Total,mg/I 2.0 Residue: Suspended,mg/I 28 P:Dissolved,mg/I Volatile,mg/1 Ag-Silver,ug/1 <5.0 Fixed,mg/I Al-Aluminum,ug/L SettIeable Solids,m1/1 Be-Beryllium,ug/I pH,s.u. 6.68 Ca-Calcium,ug/1 TOC,mg/1 Cd-Cadmium,ugh <2.0 Turbidity,NTU Co-Cobalt,ug/1 Total Residual Chlorine,ug/l 210 Cr-Chromium:Total,ugh Oil and Grease,mg/1 Cu-Copper,ugh 13 Cyanide,ug/I Fe-Iron,mg/I FIuoride,mg/1 Pb-Lead,ugh Hardness:Total,mg/1 Hg-Mercury,ugh MBAS,ug/1 Ni-NickeI,ug/1 Conductivity,umhos/cm 590 Zn-Zinc,ug/1 100 Dissolved Oxygen,mg/1 VOC Temperature,°C (467 AN7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary March 11, 2005 Alan W. Klimek. P.E.. Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 2260 0001 3551 8487 Mr.Dallas Eddie Faulkner Town of Maiden P.O.Box 125 Maiden,NC 28650 Subject: Notice of Violation—Monitoring Frequencies Tracking#: NOV-2005-MV-0014 Town of Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr.Faulkner: A review of the May 2004 self-monitoring report for the subject facility revealed the following violations: Pipe Parameter Required Monitoring Frequency Failures to Report 001 Total Nitrogen Monthly 1 001 Total Phosphorus Monthly 1 001 Copper Monthly 1 001 Silver Monthly 1 001 Zinc Monthly 1 Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for these and any additional violations. If you have questions concerning this matter, please do not hesitate to contact Mr.Bridgeman or me at 704I663-1699. Sincerely, LT /7_171 D.Rex Gleason,P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch RMB Mooresville Regional Office One 610 East Center Avenue,Suite 301,Mooresville,North Carolina 28115 NorthCarolina Phone: 704-663-16991 Fax:704-663-6040/Internet:h2o.enr.stale.nc.us Naturally An Equal Opportunity/Affirmative Action Employer—50%Recycled110% Post Consumer Paper A7F Michael F.Easley,Governor QQfi. C- State of North Carolina William G.Ross,Jr.,Secretary Cia r- Department of Environment and Natural Resources i K kris t.1 wow November 22, 2005 Y,, k CFi= ., uro Mr. Todd Clark, Town Manager Town of Maiden 113 West Main Street N ' Maiden, North Carolina 28650 Subject: Speculative Limits Town of Maiden NPDES Permit NC003 Catawba. County Dear Mr. Clark: This letter serves to transmit speculative effluent color limits for potential expansion of the Town's wastewater treatment plant to 2.5 MOD capacity. In the proposed scenario, the Town would treat process wastewater from Delta.Apparel's textile facility in addition to its own wastewaters, and Delta would eliminate its direct discharge to surface waters. The previous Speculative Limits letter issued by the Division of Water Quality established a potential range for effluent color limit. In order to simplify engineering design of the wastewater treatment system for an expanded plant, the Division hereby establishes a color effluent limit at 400 ADMI color units. The Division will reevaluate the limit every 5 years during permit renewal and reserves the right to change the limit based on the performance of the Maiden WWTP and its pretreatment program. The speculative limits presented here are based on our understanding of the proposal and of present environmental conditions. The Division of Water Quality cannot guarantee that the effluent limitations in any final permit will be exactly as presented here. Final decisions on these matters will be made only after the Division receives and evaluates a formal application for permit modification and goes through the public process associated with the NPDES program. Sincerely, David A. Goodrich, Supervisor Point-Source Branch Surface Water Protection Section cc: Mooresville Regional Office/ Surface Water Protection Central Files NPDES Files Forrest Westall McGill Associates P.O. Box 2259 Asheville, NC 28801 North Carolina Division of Water Quality (919)733-7015 1617 Mail Service Center FAX(919)733-0719 Raleigh,North Carolina 27699-1617 On the Internet at http:JJh2o.enr.state,nc,us/ ri—.6* OF WAT '9 A Michael F.Easley,Governor `0 G William G.Ross Jr.,Secretary pj . V North Carolina Department of Environment and Natural Etesourees h > =.1 Alan W.Klimek,P.E.,Director ❑ "' '` ` `C Division of Water Quality March 9,2005 Mr. Eddie Faulkner,Public Works Director Town of Maiden Post Office Box 125 Maiden,North Carolina 28650 • Subject: Compliance Sampling Inspection Maiden WWTP NPDES Permit No. NC0039594 Catawba County,N.C. - Dear Mr. Faulkner: Enclosed please find a copy of the Compliance Sampling Inspection Report for the inspection conducted at the subject facility on March 8,2005,by Mr.Wes Bell of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The results of the effluent sampling will be forwarded to you under separate letter. The report should be self-explanatory;however, should you have any questions concerning the report,please do not hesitate to contact Mr. Bell or me at(704) 663-1699. . Sincerely, i i Cle.rj ill. adiik----v,o.,-, D. Rex Gleason,P.E. Surface Water Protection Regional Supervisor Enclosure cc: Catawba County Health Department WB Ir Carolina 11 aurally NCDENR N.C Division of Water Quality,Mooresville Regional Office,610 East Center Avenue,Suite 301,Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 United Stales Environmental Protection Agency Washington,D.C.20460 No. Form Approved. EPA OMB N 2040-0057 Water Compliance inspection Report Approval expires 6-31-98 Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 LI 2 LJ 31 NC0039594 11 121 05/03/08 1 17 18 t_J 19 L1 20 U Remarks �--� 21] I I 1 i 1 1 1 1 1 I 1 1 1 1 I I I i 1 1 1 I 1 i 1 III I I I I I I I 11 1 1 1 I 1155 inspection Work Days Facility Self-Monitoring Evaluation Rating 61 QA Reserved 671 1.5 169 70 al 71 L"J 72[ J 731 1 174 751 I 1 1 1 1 1180 Section B: Facility Data Name and Location of Facility Inspected(For industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Maiden WWTF 09:45 AM 05/03/08 01/01/01 Finger St Exit Time/Date Permit Expiration Date Maiden NC 28650 01:24 PM 05/03/08 05/07/31 Name(s)of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data /// Michael Ray Lingerfelt/ORC/828-428-5032/ Name,Address of Responsible Official/Title/Phone and Fax Number Eddie Faulkner,PO Box 125 Maiden NC 28650/Public Works Contacted Director/826-428-5020/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) .Permit II Flow Measurement III Operations&Maintenance III Records/Reports I.Self-Monitoring Program Ill Sludge Handling Disposal 1.Facility Site Review II Effluent/Receiving Waters 1111 Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s)and Signature(s)of lnspector(s Agency/Office/Phone and Fax Numbers Date Wesley N Bell MRO W Q//704-663-1699 Ext.231/ 3/770- 5 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Richard M Bridgeman 704-663-1699 Ext.264/ EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. Orlir' NPDES yrrmaday Inspection Type (cant.) 1 31 NC0039594 111 12 L 05/03/08 117 18 ice( Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) _ RECORD KEEPING SYSTEM cont'd: No monthly total nitrogen, total phosphorus, copper, silver, and zinc were reported for May 04. Only two effluent ammonia analyses were reported for the week of 9/5/04 - 9/11/04. The monitoring violations will be separately addressed by the Division. Samples for fecal coliform analyses were collected into an unsterilized container. Fecal coliform samples must be collected directly into a sterilized container that contains a dechlorinating agent (Standard Methods, 18th Edition, 9050-A). 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O c N CCmmm QQ mam °a E in m $ m- - COm ft iP m a -Idm m m U U m C b A A .k E � ` t h a cn N m m o N EE V ¢ Ua i N N N UI N N( EUE ornm a c c v o m mo n To q m o m LE-5 m a m CA m ° 07 N AaN 8 < n ro m a Uv N co C C Flow Measurement-Influent Yes No NA NF is flow meter used for reporting? K ❑ ❑ ❑ Is flow meter calibrated annually? M ❑ ❑ ❑ is flow meter operating properly? K ❑ ❑ ❑ (If units are separated)Does the chart recorder match the flow meter? ❑ 0 ❑ • Comment Nix,Purser&Associates,inc.last calibrated the flow meter on 719/04. The flow meter is calibrated twice per year. Rernri K ppj Yes IJo NA NF Are records kept and maintained as required by the permit? 1. 000 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? 1 ❑ ❑ ❑ Are sampling and analysis data adequate and include: 11000 Dates,times and location of sampling K Name of individual performing the sampling K Results of analysis and calibration K Dates of analysis • Name of person performing analyses • Transported COCs • Plant records are adequate,available and include 1 ❑ ❑ ❑ O&M Manual � As built Engineering drawings � Schedules and dates of equipment maintenance and repairs • Are DMRs complete:do they include all permit parameters? K ❑ ❑ ❑ Has the facility submitted Its annual compliance report to users? ❑ ❑ ❑ U (If the facility is=or>5 MOD permitted flow)Do they operate 24/7 with a certified operator on each shift? ❑ 0 ■ El Is the ORC visitation log available and current? • 0 ❑ 0 Is the ORC certified at grade equal to or higher than the facility classification? U ❑ ❑ ❑ Is the backup operator certified at one grade less or greater than the facility classification? • ❑ 0 0 Is a copy of the current NPDES permit available on site? • 0 ❑ 0 Is the facility description verified as contained in the NPDES permit? ■ ❑ 0 ❑ Does the facility analyze process control parameters,for example:MLSS,MCRT,Settleable Solids,DO,Sludge ■ ❑ ❑ ❑ Judge,pH,and others that are applicable? Facility has copy of previous year's Annual Report on file for review? ❑ ❑ ❑ M Comment:DMRs were reviewed from January 04 through December 04. A daily maximum effluent cyanide violation was reported on 3/2f04. The Division has separately addressed this violation by the issuance of an NOV dated 717f04. See'Summary"Section for additional comments, Influent Samolino Yes No NA NF Is composite sampling flow proportional? ❑ 0 ❑ Is sample collected above side streams? U ❑ ❑ ❑ Is proper volume collected? • 0 0 0 Is the tubing clean? ■ ❑ ❑ ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? 0 ❑ • ❑ Is sampling performed according to the permit? • ❑ ❑ ❑ Comment:The Division has previously approved a variance to collect time-based composite samples. Composite samples currently consist of 100 ml aliquots every twenty minutes. F€fluent Sampling. Yes No NA NF Is composite sampling flow proportional? ❑ E1 ❑ ❑ Ffltueent Sampling Yav No NA NF Is sample collected below all treatment units? • 0 0 0 Is proper volume collected? • ❑ 0 0 Is the tubing dean? • ❑ 0 ❑ Is proper temperature set for sample storage(kept at 1.0 to 4.4 degrees Celsius)? U 0 0 ❑ Is the facility sampling performed as required by the permit(frequency,sampling type representative)? ■ ❑ 0 0 Comment:The Division has previously approved a variance to collect time-based composite samples. Composite samples currently consist of 100 ml.aliquots every twenty minutes. tlnstream 1 Downstream Sampling Yrs. No NA NF 1s the facility sampling performed as required by the permit(frequency,sampling type,and sampling location)? • ❑ ❑ 0 Comment: Ffftuent Pipe YPs No NA NF Is right of way to the Duffel!properly maintained? • 0 0 0 Are receiving water free of solids and floatable wastewater materials? MI 0 0 ❑ Are the receiving waters free of solids 1 debris? ❑ El ❑ • Are the receiving waters free of foam other than a trace? • 0 0 0 Are the receiving waters free of sludge worms? ❑ 0 0 • If effluent (diffuser pipes are required) are they operating properly? 0 0 ® 0 Comment:The effluent appeared turbid with trace suspended solids and foam. The foam dissapated less than 20 yards downstream. The receiving stream was turbid;therefore,negative impacts could not be determined. TOWN OF MAIDEN WASTEWATER TREATMENT PLANT PERFORMANCE ANNUAL REPORT I. General Information • Facility System Name: Town of Maiden Wastewater Treatment Plant Town of Maiden Water Treatment Plant Responsible Entity: Town of Maiden Person in Charge/Contact: Michael Lingerfelt Applicable Permits: NC0039594(Wastewater Pt.) NC0080837 (Water Pt.) Description of Treatment Process or Collection System: Maiden Wastewater Treatment Plant The Maiden wastewater treatment plant consists of a Pure Oxygen Treatment System. The process works in two phases: preliminary treatment&secondary treatment. In preliminary treatment, screenings are removed by a bar screen and grit is taken out by a grit removal system. The water is then pumped via a pump station to the treatment unit. This starts the secondary treatment(biological) phase. In secondary treatment,wastewater is treated by microorganisms. Our treatment unit consists of two aeration zones, final clarifier, and disinfection. In the aeration zones,the bugs (microorganisms) are mixed with the incoming wastewater and a biomass is formed. Oxygen gas is supplied to the treatment units to provide air for the biomass. The oxygen is shipped to our plant in liquid form and converted to gas through a vaporization system. The bugs use oxygen like humans. While passing through the aeration zones, the bugs consume(eat)the waste from the water. After aeration,the water passes into the secondary clarifier. The water and solids (biomass) separate during this part of the treatment phase. The solids are returned to aeration (this starts the process over again) by an airlift blower or wasted into an aerobic digester for storage until removal from the plant. The water from the clarifier moves to the disinfection stage where chlorine gas is fed into the water to reduce pathogens (disease causing bacteria)to state required levels. Once disinfected, the water is discharged into Clark's Creek. Our excess sludge is transported to the Hickory Regional Compost Facility in Hickory,NC. Town of Maiden Collection System The Town of Maiden has approximately 30.0 miles of sanitary sewer lines and seven pump stations. Only six of the pump stations are in service. The public works staff checks and maintains the sewer lines while the wastewater staff takes care of the pump stations. At present time,the pump stations are checked at least three times per week with Wendover Station being checked daily(Monday through Friday). All of the Town's Pump Stations have call systems that alert the wastewater plant staff in the event of an emergency. The high priority sewer lines are checked on a routine basis. Preventative maintenance is done on the collection system on a regular basis. This mostly consists of flushing the lines and sending the root cutter down the lines. Each pump station has a generator for standby power in the event of outages. The generators are checked and tested every month. During this fiscal year budget(2003-2004),the Town began continued working on the problems associated with inflow/infiltration on the collection system. The Town relined more of our outfall lines and several brick manholes have been relined. A storm drain was completely rebuilt in the Wendover subdivision. This eliminated a great deal of inflow into the Wendover pump station. Also, the wastewater plant staff will be continuing monitoring sewer lines for flow to help identify problems. The Public Works Director has included money in the upcoming budget for more repairs on the collection lines. Maiden Water Treatment Plant Alum Basin The Maiden Water Plant has a discharge permit for an alum basin. The basin discharges water into the Town Creek. The alum basin is used for the water plants filters washes and basin cleanings. The filter washes and/or basin cleanings flow to the basin by gravity and are allowed to settle overnight. The solids settle to the bottom and clear water remains on top. The clear water is pumped to the creek and the solids are pumped to drying beds. After drying,the alum sludge is transported to the Catawba County Landfill for disposal. The Town has begun purchasing water from the City of Hickory. As a result,the Water Treatment Plant Alum Basin permit was rescinded on 9/10/03. IL Performance SUMMARY OF SYSTEM PERFORMANCE FOR FISCAL YEAR 2003-2004 Maiden Wastewater Treatment Plant The wastewater plant operated very well for the past ftscaI year. The Plant had five reported violations for the past year. The violations were for cyanide(July), Toxicity failure (October), Samples tested out of hold time(January), cyanide(March), and missed sample collection (May). Most of the problems encountered at the plant during the past year were typical (equipment failure). The wastewater staff performed most of the repairs. The Town is still working with McGill &Associates to upgrade our wastewater treatment facilities. The Town is working with Delta Apparel to build a new wastewater plant, which will serve both entities. The collection system maintenance crew has been working to identify our Inflow/Infiltration problems. Several problem areas have been found and repairs are underway. Violations (For the fiscal year 2003-2004) July 2003: Cyanide(Daily Limit) The violation was for violating our permit limit(daily maximum) for Cyanide (Cn). Plant staff suspected interference with the sample from chlorine in our effluent. We began collecting extra samples instead of one. If one has a hit above our limit,the other samples can be tested and averaged. Also, we tried reducing our chlorine levels without jeopardizing our fecal limit. October 2003: Toxicity Failure Our plant failed the quarterly toxicity test. All the bugs lived during the test, but didn't reproduce enough for a passing report. This time of year is rough for our facility. The plant goes through seasonal turnovers like lakes. It takes the plant a few months to come around due to the water (Influent)temperature and climate changes. Follow up tests(Full Range) were conducted in November&December. Both tests passed at the greatest dilution tested(>44%). Our toxicity limit is Pass/Fail 11%. January 2004: Conductivity Samples tested Out of Hold Time. Our plant tests conductivity on the stream we discharge into. The monitoring points are above and below our discharge. We have no limit for conductivity. The samples must be tested within 28 days after collection. The samples for 1/22/04 were tested after the 28-day holding time. The results were still reported. Steps were taken to better track hold times. March 2004: Cyanide(Daily Limit) The violation was for violating our permit limit(daily maximum) for Cyanide(Cn). The plant was experiencing problems with the sludge return mechanism. Air is forced down a pipe,which creates a vacuum on the bottom of our clarifier and sends sludge back up the pipe to Aeration. A hole developed on the bottom of the pipe, which was causing air bubbles throughout the clarifier. The air bubbles stirred the sludge blanket in the clarifier. We feel this caused the cyanide violation. Plant staff switched units and cyanide values have been below permit limits since. The sludge pipe was removed and has been repaired by a local machine shop. May 2004: Missed Samples Samples for Copper, Silver,Zinc,Total Phosphorous, &Total Nitrogen were missed during May. There was a mix up when the bottles were ordered from our commercial lab. Extra samples were collected in June and the bottle ordering procedures has been reviewed for future tests. Maiden Water Treatment Plant The alum basin was only in operation for July,August, & September. The basin permit was rescinded September 2003. No major problems were encountered during the few months of operation for this fiscal year. No Reported Violations (For the fiscal year 2003-2004) Maiden Collection System There were no major operational problems with the sewer collection system for the past fiscal year. The sewer crews have a preventative maintenance program setup for maintaining the lines and right of ways. As stated earlier,the major problem the Town has is the Inflow/Infiltration on the sewer lines. The Town has replaced the Cemetery gravity line. Repairs were made to some storm drains believed to be contributing inflow into the adjacent sewer lines. Also,more manholes &sewer lines were relined. More funding is included in the next fiscal year budget for relining of lines& manholes. Spills/Overflows (For the fiscal year 2003-2004) The Town of Maiden had one Reportable Spill for 2003-2004. It was reported in accordance with the"Reportable Spill"Guidelines. Reports for each spill are maintained on file at Public Works. 5/03/04 Spill occurred at 106 S. Main Ave. Spill did reach a nearby creek(Shady Branch). The sewer crew estimated I,400 gallons spilled with approximately 400 gallons reaching the creek. Corrective measures taken were: sewer line checked&flushed, and sewage spill area limed. III.Notification A Public Notice was listed in the Hickory Daily Record advising all customers the report is available for public review at City Hall. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the Town of Maiden sewer system and that those users have been notified of its availability. ta----HiL.r.C/A- Jr- °4/ Michael Lingerfelt `) Date Wastewater Superintendent Town of Maiden ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross,Jr., Secretary Alan W. Klimek, P.E., Director August 9, 2004 172 Mr. Michael Lingerfelt Town of Maiden WWTP Lab. P.O. Box 125 Maiden, NC 28650 SUBJECT: Laboratory Certification Maintenance Inspection Dear Mr. Lingerfelt: Enclosed is a report for the inspection performed on July 20, 2004 by Mr. Chet Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733-3908. Sincerely, James W. Meyer Laboratory Section Enclosure cc: Chet Whiting Mooresville Regional Office Laboratory Section 1623 Mail Service Center,Raleigh,North Carolina 27699-1623 4405 Reddy Creek Road,Raleigh,North Carolina 27609 NO1hCaTOliria Phone: 919-733-39081 FAX 919-733-6241!Internet:www,dwglab.org An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Naturally On-Site Inspection Report LABORATORY NAME: Town of Maiden WWTP Laboratory ADDRESS: P.O. Box 125 Maiden, NC 28650 CERTIFICATION NO.: 172 DATE OF INSPECTION: July 20, 2004 TYPE OF INSPECTION: Maintenance EVALUATOR: Chet Whiting LOCAL PERSON(S) CONTACTED: Mr. Michael Lingerfelt I. INTRODUCTION: This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II. GENERAL COMMENTS: The laboratory continues to do a very good job overall and no deficiencies were cited in the following report. The laboratory's continuing cooperation with this office is appreciated. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS,: FECAL COL1FORM (MF): A. COMMENT: The Fecal consumable material testing was conducted as specified in the method however the number of colonies on the test plates were [< 20 insufficient >60 too numerous] to produce useful comparison data. REQUIREMENT: Use sample or standard material that produces countable plates that better indicate the viability of materials. A 20 to 60 colony per plate range is required. NOTE: The most common problem that has been observed is materials that do not support, or inhibit colony growth. The test sample is insufficient when: 1) Too few colonies per plate are produced. For example, the difference between three and six colonies on two plates could be attributed to the natural variability in this biological test and would not be a good determinate for material viability. 2) Plates with colonies too numerous to count may provide a rough visual survey that could be misleading. If there were a very noticeable difference the information could be used to indicate problems. A more subtle difference may be overlooked. The difference between 420 and 320 colonies may not be easily recognizable and potential inhibition problems might go undetected. RECOMMENDATION: We recommend that the laboratory use a culture positive for consumables testing. This can be readily made using diluted plant influent. SPENDED RESIDUE: B. COMMENT: Additional item(s) need to be added to laboratory tracking., specifically solids filters. REQUIREMENT: Add consumable items to laboratory tracking procedure so that data can be referenced to vendor and lot information. NOTE: This procedure need not be very complicated. Most laboratories track incoming supplies in some sort of log. Consumables may be tracked adding the date items were put in service as well as received and opened. If a lot of pH buffer was put in service on a specific date it follows that it was used until the next lot was put in service or the lot number could be simply recorded on the bench sheet. IV. PAPER TRAIL INVESTIGATION: Data and DMR's from March, April and May 2004 were reviewed. In addition log books and supporting documentation was reviewed including annual and quarterly requirements. 1) One set of ammonia analyses did not have the date the test was performed documented. The laboratory was backtracking other documentation to determine the data of the analysis. 2) In one instance (3/15/04) the duplicate values were averaged for a final result, however the duplicate value was not recorded. RECOMMENDATION: While these items are not critical we recommend that these specific situations be reviewed to determine how to eliminate these items. While these items were as stated not critical they do degrade the data defensibility. V. CONCLUSIONS: Correcting the above cited comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all lettered comments. Report prepared by: Chet Whiting Date: July 30, 2004 � Michael F.L1 ev.G m ovcnr of n�ArE CI� �G William G.Ro.Jr..Secretary ten North Carolina L)cpartmcnt orIinvin,ntnrnt and Natural Reourccs ;'� Alan W.Munn&I'.r..I)uccior -f Divisinn of Witter Quality 1[ Colecn L 1.Stalin`Dcputy Director l)ivivun or Water Qualify July 7,2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eddie Faulkner,Director of Public Works 7003 2260 0001 3550 2042 Town of Maiden P.O.Box 125 Maiden,NC 28650 Subject: Notice of Violation-Effluent Limitations Tracking#: NOV 2004-LV 0318 Town of Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr.Faulkner: A review of the March 2004 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Cyanide 43 ug/L 22 ug/L FIN • Remedial actions,if not already implemented,should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature,not related to operation and/or maintenance problems,and you anticipate remedial construction activities,then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. This Office currently has on staff a Wastewater Treatment Plant Consultant to offer technical assistance to facilities with operational concerns. Should you have questions about this service,please contact Sonja Williams at 704/663-1699. if you have questions concerning this matter,please do not hesitate to contact Mr.Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason,P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcement Unit RMB NorthCarolinu CDE.h•.7� ,Natura/!J Division of Wafer Quality, Mooresville Regional face, 919 North Main Street, Mooresville NC 28115 (704)663-1699 Customer Service 1-877-623-6748 A Michael F, Easley Governor G Ross,jr, Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek, RE, Director Coleen H.Sullins,Deputy Director „. ' Division of Water Quality May 13, 2004 CERTIFIED MAIL 70(X) 153()0002 2100 8238 RETURN RECEIPT REQUESTED NC DEM OF EMONMBIT \ AND NATURAL PM, Doris Bumgarner ;(->ORES's-Pk NI'4L aiRCZE Town of Maiden -Town of Maiden WWTP " rt P.O. Box 125 Maiden, NC 28650 MAY I 3 2004 Subject: Notice o11Violation Town of Maiden WWTP NPDES Permit Number NC0039594 Catawba County !:•7 rni kiA TIN!. NOV-2004-PC-0046 VV, kaivt.4 Vt; tt Dear Ms. Bumgarner: In a letter dated August 30, 2002, your facility was notified that it is subject to a new low-level mercury analysis, U,S. Environmental Protection Agency Method 1631, Eft&five,September I, 2003, the subject facility is required to use EPA Method 1631 when analyzing for total mercury. A review of the January 20t4 discharge monitoring report shows your facility'failed to use the required EPA Method 1631 for the effluent sample(s)collected and analyzed for total mercury. By failing to use EPA Method 1631,Town of Maiden WWTP violated Title 15A of the North Carolina Administrative Code, Subchapter 02B, Section .0505(0(4), which compels facilities to use test procedures that produce detection and reporting levels below their permit discharge requirements. Please be aware if Town of Maiden WWTP fails to employ the required test method on subsequent total mercury analyses,then the facility could be subject to further enforcement actions, which may include recommendations for civil penalty assessment, The Division appreciates your assistance in this effort to protect North Carolina's surface waters. If you have questions or concerns regarding this Notice of Violation, please contact me at (919) 733-5083, extension 532. Sincerely, Vanessa E. Manuel Point Source Compliance/Enforcement Unit Cc: Central Files 474 • NCDENR N, C, Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 State of North Carolina Department of Environment A7:1111rin and Natural Resources Division of Water Quality 111 $rIMichael F. Easley, Governor �� ' William G. Ross Jr. Secretary " ' w, � 4z ', Alan W. Klimek, P.E., Director ENVIRONMENT NNA-rtR REs_ -Ms December 11,2003 DEC 3 0 2003 Eddie Faulkner Town of Maiden 113 WEST MAIN STREET ', Maiden,NC 28650 � NIB `��������e��� SUBJECT: Renewal Application Requirements for Permit NC0039594 Maiden WW1? Dear Permittee: Your NPDES permit for a municipally owned/operated WWTP expires on July 31_2005. This advance notice is being sent to explain the new requirements for your permit renewal application. You are receiving this advance notice because your facility has a permitted flow at or above 1 MGD, or your WWTP has a pretreatment program. If either of these criteria no longer apply to your facility,contact the NPDES Unit before submitting a renewal application. Federal(40 CFR 122) and state (15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed at least 180 days prior to expiration of the current permit. Your renewal application is due to the Division no later than February 1,2005. Failure to apply for renewal by the appropriate deadline may result in a civil penalty assessment or other enforcement activity at the discretion of the Director. • The U.S. EPA revised and expanded the application requirements for municipal permits,effective August 1,2001. EPA forms 1 and 2A are attached to this Notice,and must be used for your permit renewal application. The new application requirements mandate additional effluent testing: 1. Conduct three Priority Pollutant Analyses (PPAs) and submit results with your renewal application. Collect samples for the PPAs in conjunction with sampling for your current quarterly toxicity test. The new PPA requirements differ from previous versions. Each PPA must include: ➢ Analyses for all total recoverable metals listed in Part D of form 2A. This includes metals that are not normally monitored through your NPDES permit. ➢ Analyses for total phenolic compounds and hardness. ➢ Analyses for all of the volatile organic compounds listed in Part D. ➢ Analyses for ail of the acid-extractable compounds listed in Part D. ➢ Analyses for all base-neutral compounds listed in Part D. 2. Conduct four toxicity tests for an organism other than Ceriodaphnia and submit results with your renewal application. The tests should be conducted quarterly,with samples collected on the same day as your current toxicity test. Call the Aquatic Toxicology Unit at(919) 733-2136 for guidance in conducting the additional tests. These additional analyses must accompany your permit renewal application, or any request for a major permit modification. The Division cannot draft your permit without the additional data. Any data submitted cannot be over 4 '/z years old, and must account for seasonal variation (samples cannot be collected during the same season each year if collected over multiple years). 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 919 733-5083,extension 511 (fax)919 733-0719 VISIT us ON THE INTERNET©http:l/h2o.enr.state.nc.usINPDES charles.weaver@ncmail.net Renewal Notice for Permit NCl./039594 Catawba.County Page 2 If your permit already contains a requirement for an annual effluent pollutant scan, additional scans are not required [provided you have conducted at least 3 scans prior to submitting your application]. .lf ant'wastewater discharge will occur alter the current permit expires, this NPDES permit must be renewed, Discharge of wastewater without a valid permit would violate Federal and North Carolina law. Unpermitted discharges of wastewater could result in assessment of civil penalties of up to $25„000 per day. If all wastewater discharge has ceased at your facility and you wish to rescind this permit,contact Vanessa Manuel of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 532. You may also contact the Mooresville Regional Office at (704) 663-'1699 to begin the rescission process. Use the checklist below 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, My-telephone number,fax number and e-mail address are listed at the bottom of the previous page. Sincerely, //7 ( '1/641(t17/ Charles FL Weaver,Jr. NPDES Unit cc: Central Files Mooresville Regional Office,Water Quality Section NPDFS File The following items are REQUIRED for all renewal packages: LI 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. lJ The completed application form (copy attached), signed by the perrnittee or an .Authorized Representative. Submit one signed original and two copies. L'a if an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal. package, written documentation must be provided showing the authority delegated to the .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 origin-al and two copies. This information can be included in the cover letter.. Send the completed renewal package to: Mrs, Valery Stephens NC DENR I Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 t"2-4113/4C State of North Carolina Department of Environment and Natural Resources Division of Water Quality 919 North Main Street Mooresville,North Carolina 28115 January 8, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Eddie Faulkner 7003 2260 0001 3491 1074 Town of Maiden 113 W. Main Street Maiden,North Carolina 28650 SUBJECT: NOTICE OF VIOLATION Effluent Toxicity Testing NPDES Permit No.NC0039594 Town of Maiden WWTP Catawba County • Dear Mr. Faulkner: • This is to inform you that a review of your toxicity self-monitoring report form for the month of October 2003 indicates a violation of the toxicity limitation specified in your NPDES Permit. You should take whatever remedial actions are necessary to eliminate the conditions causing the effluent toxicity violation(s). Your efforts may include conducting a Toxicity Reduction Evaluation (TRE) which is a site-specific study designed to identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of toxicity control options, and then confirm reductions in effluent toxicity. Please be aware that North Carolina General Statutes provide for assessment of civil penalties for violations of NPDES permit limitations and requirements. The reverse side of this Notice contains important information concerning your Whole Effluent Toxicity Monitoring and Reporting Requirements. Please note updated mailing addresses for submitting your Discharge Monitoring Reports (DMRs) and Aquatic Toxicity (AT) Test Forms. We encourage you to review this information and if it would be helpful to discuss this situation or possible solutions to resolve effluent toxicity noncompliance, please contact Mr. John Lesley with this office at (704) 663- 1699. Sincerely, D.Rex Gleason,P.E. Regional Water Quality Supervisor cc: Aquatic Toxicology Unit Central Files Michael F Easley, Governor William G Ross Jr_ Secretary (0?, North Carolina Department of Environment and Natural Resources 111-H Alan Klimek,RE, Director > I/1/ Divismn of Water Quality A 10/28/03 tieti Herman Caulder Town of Maiden P.O. Box 125 wc DEpT oF ENVIRONMENT Maiden, NC 28650 Mr:tKT RI, ,:TORCES , F10E L, SUBJECT: Payment Acknowledgment Civil Penalty Assessment Town of Maiden WWTP NOV 0 5 2003 Catawba County Permit No: NC0039594 LV-2003-048 1 tAl rn IA 'WV U L":1' Dear Mr. Caulder: This letter is to acknowledge receipt of check No. 050376 in the amount of$335.45 received from you dated October 23, 2003, This payment satisfies in full the civil assessment levied against the subject facility and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Robert L. Sledge at (919) 733 — 5083 ext 547. Sincerely, For Coleen Sullins, Deputy Director Division of Water Quality cc: Enforcement File#: LV-2003-0481 Mooresville Regional Office Supervisor Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 (919)733-7015 Customer Service 1 800 6237748 `EAiz:: r Michael F. Easley,Governor • C Q, . ti '. William G. Ross Jr.,Secretary J Department of Environment and Natural Resources I Alan W.Klimek, P.E.,Director Division of Water Quality OCT 0 6 2003 itatEPT.OF ENVIRONMENT", AND NATURALRESOURCES ', nocREskip r _ "„l OFFICE CERTIFIED MAIL 7000 1530 0002 2100 7002 F RETURN RECEIPT REQUESTED OCT 1 5 2003 Mr. Herman Caulder Town of Maiden P. O. BOX 125 MAIDEN, NC 28650 1ATi k 3 ,, ,,",n r Subject: Remission Request of Civil Penalty Assessment NPDES Permit Number NC0039594 Town of Maiden WWTP Catawba County Case Number LV-2003-0481 Dear Mr. Caulder: I have considered the information submitted in support of your request for remission in accordance with North Carolina General Statute (N.C.G.S.) § 143-215.6A(f) and have found no grounds to modify the civil penalty assessment in the amount of$335.45. If you choose to pay the penalty, send payment to me at the letterhead address within thirty(30) days of receipt of this letter. Please make your check payable to the Department of Environment and Natural Resources (DENR). If payment is not received within thirty (30) days of receipt of this letter, in accordance with N.C.G.S. § 143-215.6A(f), your request for remission of the civil penalty (with supporting documents) and my recommendation to deny the request (with supporting documentation) will be delivered to the North Carolina Environmental Management Commission's (EMC) Committee On Civil Penalty Remissions (Committee)for final agency decision. If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you were asked to address, you must complete and return the attached form within thirty (30) days of receipt of this letter. Please mail the completed form to the attention of Bob Sledge at the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 n Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 i RCM 8.92-774R 191917Ra-7MS Sax.f9191 7:3S-9RI2 Your request for an oral presentation and the documents in this matter will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation from you, you will be notified by certified mail of the date, time, and place that your oral presentation can be made. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, glf,' • Alan W. Klimek, P.E. attachment cc: Mooresville Regional Office Enforcement file Central Files STATE OF NORTH.CAROLINA. ENVIRONMENTAL MANAGEMENT COMMISSION County of Catawba DWQ Case Number LV-2003-0481 IN THE M.A"PIER, OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION ) Town of Maiden ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On.CivilPenalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself or my representative during a Committee meeting held in, Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five minutes in length. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS ) TELEPHONE DWO—CIVIL ASSESSMENT REMISSION FACTORS CONS DERATION Case Number LV-2003-0481 Assessed Entity: Town of Maiden Region: Mooresville County: Catawba ( ) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; All applied correctly ( ) Whether the violator promptly abated continuing environmental damage resulting from the violation; The Town has dual package plants, with only one plant operating. It is said that the violation(TSR. weekly average) was caused by equipment (clarifier skimming system) failure, The Town unsuccessfully tried to make repairs, and finally decided to shut that plant down and activate the other. This required seeding the plant. The permit requires 3/week monitoring The tacility was back in compliance by the next week following 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; LV-2000 0l61 - $3082,1.7 assessed on 5/19/00. Paid in full. ( ) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. No Decision: (Check One) Request Denied ,Y Full Remission Partial Remission Amount Remitted Date Alan W. Klimek, F.E. 0�i}0 -" . Y.9 Michael F. Easley,Governor pir r ,, f, William G. Ross Jr., Secretary r Department of Environment and Natural Resources a � , '.C; Alan W.Klimek P.E..Director Division of Water Quality 1 July 30, 20034. Mr. Herman Caulder 'A` tG 'i 5 20 Town of Maiden P. O. Box 125 Maiden, NC 28650 3 ' on Request of Civil Penalty Assessment 'Suh}c.ctr Renatssio Town of Maiden WWT•P NPDES Permit. NC0039594 Catawba County Case Number LV-2003-0481 Dear Mr. Caulder: This letter is to acknowledge your request for remission of the civil penalties levied against the subject facility. Your request will be placed on the agenda of the Director's next scheduled enforcement conference and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 733-5083, extension 547, Sincerely, / --` W . .1 `` �I-/ Bob Sledge, Environmental Specialist Point Source Compliance/Enforcement Unit cc: Mooresville Regional Office w/attachments Enforcement/Compliance w/originals Central Files w/attachments Enforcement File w/3 attachments AZ Customer Service Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 1 BOO 623-7748 (919)733-7015 Fax! (919)733-9612 ofWA Michael F.Easley.G or" OfG William G.Ross Jr..Secretary + y North Carolina Department of Environment and Natural Resources Alan W.Klimek.P.E..Director •'C Division of Water Quality Coleco H.Sullins,Deputy Director Division oFWater Quality July 16, 2003 • CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8286 JOGS Mr. Herman Caulder, Town Manager Town of Maiden P.O. Box 125 Maiden,NC 28650 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. NC0039594 Town of Maiden Maiden WWTP Case No. LV-2003-0481 Catawba County Dear Mr. Caulder: This Ietter transmits a Notice of Violation and assessment of civil penalty in the amount of $335.45 ($250.00 civil penalty+$85.45 enforcement costs) against the Town of Maiden. This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report(DMR) submitted by the Town of Maiden for the month of March 2003. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0039594. The violations are summarized in Attachment A to this letter. Based upon the.above facts, I conclude as a matter of law that the Town of Maiden violated the terms, conditions or requirements ofNPDES Permit No.NC0039594 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penaltyniay 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, D. Rex Gleason, Water Quality Regional . - Supervisor for the.Mooresville Region, hereby make the following civilpenalty assessment against the Town of Maiden: • uWA NiiJC t` Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 $ 250.00 For I of the one (1) violation of G.S. 143- 215.1(a)(6) and NPDES Permit No.NC0039594, by discharging waste into the waters of the State in • violation of the permit weekly average effluent limit for Total Suspended Solids (TSS). $ 250.00 TOTAL CIVIL PENALTY $ 85.45 Enforcement costs. $ 335.45 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: (I) 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; (2) The duration and gravity of the violation; (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 violation was 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: I. 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 t`lie 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 - ' - • 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) 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; (b) the violator promptly abated continuing environmental damage resulting from the violations; (c) the violations were inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violation; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Ms. Coleen Sullins Water Quality Section Chief , Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you , of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and ' _ thorough statement in support of your request for remission. OR 3. Submit a written request for an administrative hearing: . If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must: File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh,North Carolina 27699-6714 and Mail or hand-deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh,North Carolina 27699-1601 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional Office at 704/663-1699. ( ,20o (Date) D. Rex ason, P.E. Water Quality 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 RMB Attachment A Town of Maiden Maiden WWTP NPDES Permit No.NC0039594 Case Number LV-2003-0481 Limit Violations, March 2003 Weekly Average Limit Violations Parameter Reported Value Limit Units Total Suspended Solids 64.67 * 45.0 mg/L * denotes assessment of civil penalty. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF Catawba IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ) AND STIPULATION OF FACTS Town of Maiden ) ) PERMIT NO. NC0039594 ) FILE NO. LV-2003-0481 Having been assessed civil penalties totaling $335.45 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 16, 2003, 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. 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MONTHLY & WEEKLY VIOLATIONS WERE CAUSED BY CLARIFIER DRIVE FAILURE (WEEK OF 2/2A) • STAFF SWITCHED TO OTHER. UNIT & STARTED. ADDED SEED SLUDGE FROM NEWTON r DELTA APPAREL WWTP ' s . DRIVE IN UNIT I WAS PUT IN SERVICE 1 YR AGO . CURRENTLY DRAINING TO REPAIR . UNIT II IS RUNNING VERY WELL . BOD TEST DATA: SEED CONT & EFF FINAL DO WERE OUT OF RANGE ON THE 5th . INF DO DEPLETION WAS OUT OF RANG ON THE 25th . FECAL QC WAS OUT OF RANGE ON THE 13th . "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." p'' 5 D LO•/6— r= LIL/s/f/4 mttteee Please print or type)Z) ._ c__ ....-7--/z 7/3, Signature of Permittee** ` r Date ' (Required) PO BOX 125 , MAIDEN NC 28'650 (828)' 428-5020 7/31 /05 Permittee Address Phone Number Permit Exp.Date PARAMETER•CODES 00010 Temperature 00556 Oil&Grease 00951 Total Fluoride 01067 Nickel 50060 Total 00076 Turbidity 00600 Total Nitrogen - 01002 Total Arsenic 01077 Silver Residual 00080 Color(Pt-Co) 006)0 Ammonia Nitrogen 01092 Zinc Chlorine 00082 Color(ADMI) 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum Nitrogen 00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde 00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform 71900 Mercury 00310 BOD5 00665 Total Phosphorous - 32730 Total Phenolics 81551 Xylene 00340 COD 00720 Cyanide 01037' Total'Cobalt- 34235 Benzene 00400 pH 00745 Total Sulfide 01042 Copper - 34481 Toluene 00530 Total Suspended 00927 Total Magnesium 01045 Iron:,„:-- - 38260 MBAS Residue 00929 Total Sodium 01051 Lead... 39516 PCBs 00545 Settleable Matter 00940 Total Chloride 01062 Molybderiuin 50050 Flow Parameter Code assistance may obtained by calling the Point Source•Compliance/Enforcement Unit at(919)733-50$3 or by visiting the Water Quality Section's web site at h2o.enr.state.ric.us/wqs 1.nd-linking to the Unit's information pages. Use only units designated in the reporting facility's permit.for reporting data. .-,;a; .^ -, tJ L,_ ORC must visit facility and document visitation offfacility as required per 15A NCAC 8G.0204. • " If signed by other than the permittee,delegation of signatory'authority must be on file with the state per 15A NCAC 2B .0506(b) (2) (D). 4.: :-.mat • Permit No. N`- .:�. ,.._ r-i'--.'Y. A(I). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - __ Beginning on the effective date of this permit and lasting until expiration. the Permittee is authorized to dischar'' treated wastewater from Outfall 00]. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS MONITORING REQUIREMENTS EFFLUENT CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample Average Average Max Frequency Type Location' FIow 1.0 MGD I Continuous Recording I or E SOD, 5-day. 20°C 2 30.0 mg/1 45.0 mg/I 3/Week Composite E,I Total Suspended Residue2 30.0 mg/1 45.0 mg/I 3/Week Composite E.I NH3 as N 3/Week Composite E Total Residual Chlorine 3/Week - Grab E Fecal Coliform (geom. mean) 200/100 ml 400/100 ml 3/Week I Grab E pH 6 < pH < 9 3/Week Grab E Temperature Daily Grab E Total Nitrogen(NO2+NO3+TKN) !! Monthly Composite E Total Phosphorus Monthly Composite E Chronic Toxicity3 Quarterly Composite E _Cyanide-, 22 ug/1 Weekly Grab E Copper Monthly Composite E Silver Monthly Composite E Zinc Monthly Composite E Temperature • 3/Week- Grab U. D Dissolved Oxygen 3/Week- Grab U. D Conductivity 3/Week• Grab U. D Fecal Coliform (geom. mean) I 3/Week• Grab U. D Notes: 1. Sample locations: E- Effluent. I- Influent. U- Upstream 100-feet above outfall. D- Downstream at NCSR 1282. - Upstream/downstream samples shall be collected 3/Week (June-September) and 1/Week (October-May).• - • - 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85%-removal). 3. Chronic Toxicity,(Ceriodaphnia) at 11%; January.April. July, and October; refer to Special Condition A(2). 4. The quantitation level for cyanide shall be 10 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts. . - - V J�IF WA i Michael F.Easley,Gov or `0 G William G.Ross Jr.,Secretary / r - North Carolina Department of Environment and Natural Resources `-1 Alan W.Klimek,P.E.,Director 5 • ,. ` Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality October 6, 2003 Mr. Herman Caudler, Town Manager Town of Maiden Post Office Box 125 Maiden, NC 28650-0125 • • • • Subject: Compliance Evaluation Inspection Town of Maiden WWTP NPDES Permit No. NC0039594 Catawba County, NC Dear Mr. Caudler: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on October 2,2003 by John Lesley of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. Operation and maintenance of the facility are commendable. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at 704-663-1699. Sincerely, (:)?;LA„,„„Q al. CA:t.CkA--,-,____ D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Catawba County Health Department JL NCDENR Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 l 877-623-6748 r A% United States Environmental Protection Agency, Washington, DC 20460 ©{�. Form Approved �� NPDES Compliance Inspection Report Y �l OMB No.2040-0003 North Carolina Department of Environment and Natural ResourcesExpires �os, pa��� Division of Water Quality,Mooresville Regional Office NCDENR pp 7/31/85 p Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0039594 03/10/02 C S 1 Inspection Work Days Facility Self-Monitoring Evaluation Rating BI QA ...........Reserved 2 4 N N Section B: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:30 am January 1,2001 Town of Maiden WWTP Exit Time: Finger Street,Maiden 12:00 pm Permit Expiration Date: Catawba County,North Carolina Date: July 31,2005 03/10/02 Name(s)of On-Site Representatives Title(s)— Phone No(s): Mike Lingerfelt/ORC/828-428-5032 . Name and Address of Responsible Official: Title: Mr. Herman Caudler Town Manager Town of Maiden Phone No. Contacted? Post Office Box 125 828-428-5020 No Maiden,North Carolina 28650-0125 ' Section C: Areas Evaluated During Inspection ® Permit ® Flow Measurement ® Operations&Maintenance ❑ Sewer Overflow ® Records/Reports ® Self-Monitoring Program ® Sludge Handling/Disposal ❑ Pollution Prevention ® Facility Site Review ❑ Compliance Schedules ❑ Pretreatment Program ❑ Multimedia ® Effluent/Receiving Waters • ® Laboratory ❑ Stormwater ❑ Other: Section D: Summary of Findings/Comments See Attached Sheet(s) for Summary Signature(s)of pector(s): Agency/Office/Telephone: Date: ` rt,.. 6DENR-DWQ/MRO/(704)663-1699 FAX: (704)663-6040 October 6,2003 o Lesley Signature of Reviewer: Agency/Office Date: Regulatory Office Use Only Action Taken Date: Noncompliance Compliance EPA Form 3560-3 (Revised 3-85)Previous Editions are Obsolete Fr . Town of Maiden WWTO NPDES Permit No.NC0039594 Page 2 PERMIT: The permit adequately describes the facility. The subject permit became effective on January 1, 2001 and expires on July 31, 2005. FACILITY SITE REVIEW/OPEARATIONS AND MAINTENANCE The facility appeared to be well operated and maintained. Staff includes a properly certified ORC and backup ORC. One of the dual treatment units is being used for sludge storage. Sludge is taken to the Hickory Regional Compost Facility for treatment and disposal. Standby power is available at the facility. The generator is adequate to meet the total power demand of the WWTP. Bar screen debris and grit are properly stored in a covered container and taken to the Catawba County Landfill for disposal. The sludge drying beds are no longer used. Sludge blanket depth, settleable solids, pH, dissolved oxygen, and MLSS measurements are utilized at the facility as process control. RECORDS AND REPORTS: Records and reports (ORC log, calibration records, operations/maintenance sheets, chain of custody forms, flow charts, and self-monitoring reports) were complete and up to date. LABORATORY: Chet Whiting inspected the laboratory(Certification No. 172) on July 2, 2003. Pace Laboratories in Huntersville and Asheville also provide analytical support. FLOW MEASUREMENT: • FIow is measured at the influent by means of an ultrasonic flow meter. Nix,Purser, and Associates calibrates the flow meter two times per year. The flow meter was last calibrated on July 16, 2003. SLUDGE DISPOSAL: See the Facility Site Review/Operations and Maintenance Section of this report. Fr , Town of Maiden WWTO NPDES Permit No.NC0039594 Page 3 SELF MONITORING PROGRAM: Monthly monitoring reports were reviewed during the period December 2002 through July 2003. Total suspended residue was reported in violation in February 2002 and cyanide was reported in violation July 2003. Notices of violation were sent for the violations. EFFLUENT RECEIVING WATERS: The effluent discharge was cloudy, with no apparent color. The receiving stream was not evaluated during this inspection. p l t OF W A 7-F9 Nlichael F.Easley, .4 rnar 03 `0 . William G.Ross Jr..Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.,Director Q -t Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality September 23, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7001 2510 0004 8286 5610 Mr. Herman Caulder, Town Manager Town of Maiden P.O. Box 125 Maiden,NC 28650 Subject: Notice of Violation-Effluent Limitations Town of Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr. Caulder: A review of the July 2003 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Cyanide 29 ugIL 22 uglL FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr.Bridgeman or me at 704/663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcment Unit RMB 11lCDENR Mooresville Regional Office,919 North Main Street,Mooresville,North Carolina 28115 Phone 704-663-1699 Customer Service Fax 704-663-6040 1-877-623-6748 nor A rFRQ J L O G Michael F.Easle - Govemc �! William G.Ross,Jr.,Secretar " North Carolina Department of Environment and Natural Resource: . Alan W.Klimek,P.E_,Direct° Division of Water Qualit February 21, 2003 Mr. Kevin Sanders Town of Maiden Post Office Box 125 Maiden, North Carolina 28650 Subject: Compliance Evaluation Inspection Town of Maiden WWTP NPDES Permit No. NC0039594 Catawba County,NC Dear Mr. Sanders: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on February 20, 2003 by John Lesley of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at 704-663-1699. Sincerely, • D. Rex Gleason,P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Catawba County Health Department JL 74 Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 1CQEN 1 800 623-7748 FAX (704) 653 6040 united States Environmental Protection Agency Washington,D.C.20460 Form Approved. EPA OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-9B Section A: National Data System Coding(i.e.,PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I„t 2 I I 3I N00039594 I 11 12 03/02/20 I17 18I„I 19I I 20l_ ' L`_J IJ Remarks Li LJ IJ 211IIIIII1IIIfIIfIIIIIIIlIJIII1IIIIIIIIIfl11III1166 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 CIA Reserved 671 2.0 169 70 I. I 71 t„t L!72 r�T I 731 f Jr 74 751 1 1 1 I I I 1 80 L� Section B: Facility Data Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 03/02/20 01/01/01 Maiden WWTP Finger Street ExitTimelDate Permit Expiration Date Maiden NC 28650 12:00 PM 03/02/20 05/07/31 Name(s)of Onsite Representative(s)liitles(s)/Phone and Fax Number(s) Other Facility Data Michael Ray Lingerfelt/ORC/828-428-4872/ Kevin Sanders//828-428-5020/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Doris Bumgarner,PO Sox 125 Maiden NC 28650//828-428-5020/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self-Monitoring Program Sludge Handling Disposal Facility Site Review Pretreatment Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was last inspected by John Lesley on April 1, 2002 FACILITY SITE REVIEW/OPERATION AND MAINTENANCE: The WWTP appeared to be well operated and maintained. A new skimming device has been installed on the #1 clarifier. One of the dual treatment units is being used for sludge storage prior to disposal at the Hickory* (cont.) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date John E Lesleyf .:' MRO WQ//704-663-1699/704-663-6040 C�Z4- 2/Z'/ , 3 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. NPDES yrlmolday Inspection Type (cont.) 31 NC0039594 111 121 03/02/20 I17 18 Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Compost Facility. The liquid oxygen feed system is rather old and is in need of refurbishing (some of the automatic valves are in need of replacement). A comprehensive process control program is used at the facility. RECORDS/REPORTS: All records and reports are maintained in accordance with permit conditions. LABORATORY: • The on-site laboratory (Certificate No. 172) is properly certified to conduct ROD, TSS, ammonia as N, total residual chlorine, fecal coliform, conductivity, temperature, pH, settleable solids, and turbidity. Pace Labs, Asheville, performs toxicity testing. SELF MONITORING PROGRAM: Monthly self-monitoring reports were reviewed for the period December 2001 through November 2002. No violations were reported during the period. Time-based sample collection has been approved by the Division for use at this facility. Samples are collected and maintained at 4 degress C during collection and storage. Chain of custody documentation is maintained for each sample. FLOW MEASUREMENT: Flow is measured by means of an ultra-sonic flow meter. Nix, Purser, and Associates calibrates the flow meter twice yearly. The flow meter was last calibrated on January 20, 2003. (D Pr 4 , Michael F. Easley / Governor 63- 7 William G.Ross,Jr., Secretary r > — --i Department of Environment and Natural Resources © -c- Gregory.L Thorpe,Ph,0„Acting Director Division of Water Quality April 1, 2002 ( CERTIFIED NIAIL RETURN RECEIPT REQUESTED Mr. Herman Caudler Town Manager Town of Maiden Post Office Box 125 Maiden, North Carolina 28650-0125 Subject: Notice of Violation G.S. 143-215.1(a)(6) Compliance Evaluation Inspection Maiden WWTP NIPDES Permit No, NC0039594 Catawba County, NC Dear Mr. Caudler: Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility on March 27, 2002 by John Lesley of this Office. The operation and maintenance of the facility are commendable. Please inform 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) because of violations of the subject permit and North Carolina General Statute (G.S.) 143-215.1, as detailed under the Self- Monitoring Program heading. The cited violations had not previously been cited under either a Notice of Violation (NOV) or a civil penalty assessment document. Pursuant to G.S. 143-215,6A, a civil penalty of not more than twenty-five thousand dollars ($25,000,00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. Should this Office make an enforcement recommendation relative to the violations, you will be advised in writing. Customer Service Division of Water Quality 919 North Main Street Mooresville, NC 28115 Phone (704)663-1699 1 800 623-7748 Fax (704)663-6040 The inspection did not disclose any deficiencies other than those summarized under the Self- Monitoring Program heading. Since the comments section on the reverse of the relevant Discharge Monitoring Reports provided explanations for the noted effluent limits violations, it is not requested that a response be submitted; however, should you have additional information concerning the violations or comments which you wish to present, please submit them to the attention of Mr. Richard Bridgeman. The report should be self-explanatory;however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at(704) 663.1699. S�iinceerely,, �7 'i` , (/err,dC M_ V)D. Rex Gleason,P.E. Water Quality Regional Supervisor Enclosure cc: Catawba County Health Department Maurice Horsey/EPA JL s E9 Btu United States Environmental Protection Agency,Washington,DC 20460 Form Approved ..fit �y /� NPDES Compliance Inspection Report © �.1 OMB No.2040-0003 gra s North Carolina Department of Environment and Natural Resources NCD — Approval Expires "'�,, E�` Division of Water Quality,Mooresville Regional Office 7/31/85 Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Facility Type N 5 NC0039594 02/03/27 C S I Inspection Work Days Facility Self-Monitoring Evaluation Rating BI QA ....Reserved 3 5 N N Section B:Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:30 January 1,2001 Town of Maiden Exit Time: at end of Finger Street,Maiden 12:30 Permit Expiration Date: Catawba County, North Carolina Date: July 31,2005 , 02/03/27 Name(s) of On-Site Representatives—Title(s) Phone No(s): Mike Lingerfelt/ORC/828-428-5032 Name and Address of Responsible Official: Title: Mr.Herman Caudler Town Manager Town of Maiden Post Office Box 125 Phone No. Contacted? Maiden,North Carolina 28650 828-428-5020 No Section C: Areas Evaluated During Inspection . ® Permit ® Flow Measurement ® Operations&Maintenance ❑ Sewer Overflow ®Records/Reports ® Self-Monitoring Program ® Sludge Handling/Disposal p ❑ Pollution Prevention ®FaciIity Site Review ❑ Compliance Schedules E Pretreatment Program gr E Multimedia ®Effluent/Receiving Waters ® Laboratory ❑ Stormwater ❑ Other: Section D: Summary of Findings/Comments See Attached Sheet(s)for Summary Signature(s)of Inspectors • Agency/Office/Telephone: Date: John Lesle A DENR-DW /MRO/704 663-1699 FAX: (704)663-6040 April 3,2002 Signature of Reviewer: Agency/Office Date: Regulatory Office Use Only Action Taken Date: Noncompliance - _ Compliance EPA Form 3560-3 (Revised 3-85)Previous Editions are Obsolete rilir. Maiden WWTP ' NPDES Permit No.NC0039594 Page 2 Linda Love last inspected the facility on September 21, 2000. Permit: The permitted facility is a 1.0 MGD activated sludge wastewater treatment plant consisting of an influent pump station,mechanical screening, grit removal, instrumented flow measurement, dual 0.5 MG activated sludge treatment units utilizing pure oxygen(each unit contains diffused aeration, clarification, chlorine gas disinfection, and aerobic sludge digestion), and standby power. Facility Site Review/Operation and Maintenance: The facility appeared to be well operated and maintained. Staff includes a properly certified ORC and backup ORC. One of the dual treatment units is currently used for sludge storage. The sludge drying beds are used for dewatering alum sludge from the Town's water treatment plant. Sludge is taken to the Hickory Regional Compost Facility for additional treatment and disposal. The standby power generator is tested weekly. Covington Diesel is contracted by the Town to service the generator annually. Screenings and grit are stored in a covered container and taken to the Catawba County Landfill for disposal. A process control program consisting of sludge blanket depth, MLSS, settleable solids, pH, and dissolved oxygen measurements are used in the operation of the facility. Records/Reports: • Records and reports consisting of an ORC Iog, operation and maintenance report, calibration records, laboratory bench sheets, contract lab reports, chain of custody forms, flow charts, and monthly monitoring reports are maintained in accordance with NPDES Permit requirements. Laboratory: . The on-site laboratory (Certificate# 172) performs BOD, TSS, ammonia as N, total residual chlorine, fecal coliform, conductivity, pH, settleable solids, temperature, and turbidity. Pace Laboratories in Huntersville conducts metals, cyanide, total phosphorus, and total nitrogen analyses. Pace Laboratories in Asheville performs toxicity testing. Sludge Disposal: See the Facility Site Review/Operation and Maintenance Section of this report. Maiden WWTP NPDES Permit No.NC0039594 Page 3 Self-Monitoring Program: Self-monitoring reports were reviewed for the period of January through December 2001. One cyanide daily maximum limit violation was reported on February 7, 2001. A Notice of Violation has not been issued for the violation. No other violations were reported during the period. Samples are collected proportional to flow and maintained at <4°C during collection and shipment. Flow Measurement: Flow is measured at the influent by means of an ultrasonic flow meter. Nix, Purser and Associates calibrates the flow meter two times per year. The flow meter was Iast calibrated on January 18, 2002. Effluent/Receiving Waters: The effluent was clear with no visible solids or foam. The facility discharges into Clarks Creek (7Q10 = 12.0 CFS, IWC 11%) in the Catawba River Basin(CTB35). The receiving stream was not evaluated. r ! , TOWN OF MAIDEN WASTEWATER TREATMENT PLANT PERFORMANCE ANNUAL REPORT I. General Information Facility System'Name: Town of Maiden Wastewater Treatment Plant Town of Maiden Water Treatment Plant Responsible Entity: Town of Maiden Person in Charge/Contact: Michael Linger felt Applicable Permits: NC003)594 (Wastewater Pt.) NO0080837(Water Pt.) Description of Treatment Process or Collection System: Maiiden Wastewater Treatment Plant The Maiden wastewater treatment plant consists of a Pure Oxygen Treatment System. The process works in two phases: preliminary treatment & secondary treatment. In preliminary treatment, screenings are removed by a bar screen and grit is taken out by a grit removal system. The water is then pumped via a pump station to the treatment unit. This starts the secondary treatment(biological) phase. In secondary treatment, wastewater is treated by microorganisms. Our treatment unit consists of two aeration zones, final clarifier,and disinfection, In the aeration zones, the bugs (microorganisms)are mixed with the incoming wastewater and a biomass is formed. Oxygen gas is supplied to the treatment units to provide air for the biomass. The oxygen is shipped to our plant in liquid form and converted to gas through a vaporization system. The bugs use oxygen like humans. While passing through the aeration zones,the bugs consume(eat)the waste from the water. After aeration, the water passes into the secondary clarifier. The water and solids (biomass) separate during this part of the treatment phase. The solids are returned to aeration (this starts the process over again)by an airlift blower or wasted into an aerobic digester for storage until removal from the plant. The water from the clarifier moves to the disinfection stage where chlorine gas is fed into the water to reduce pathogens (disease causing bacteria)to state required levels. Once disinfected, the water is discharged into Clark's Creek, Our excess sludge is transported to the Hickory Regional Compost Facility in Hickory, NC. I • Town ofMaiden Collection System The Town of Maiden has approximately 26.5 miles of sanitary sewer lines and seven pump stations. Only six of the pump stations are in service. The public works staff checks and maintains the sewer Iines while the wastewater staff takes care of the pump stations. At present time,the pump stations are checked at least three times per week with Wendover Station being checked daily(Monday through Friday). All of the Town's Pump Stations have call systems that alert the wastewater plant staff in the event of an emergency. The high priority sewer lines are checked on a routine basis. Preventative maintenance is done on the collection system on a regular basis. This mostly consists of flushing the lines and sending the root cutter down the lines. Each pump station has a generator for standby power in the event of outages. The generators are checked and tested every month. During this fiscal year budget(2002-2003),the Town began an aggressive attack on inflow/infiltration on the collection system. The Town smoke tested the entire sewer system, performed flow monitoring at various points with meters supplied by NCDENR Loans &Grants Section, and relined 3,400 linear feet of sewer lines &9 manholes. More funding has been included in the 2003-2004 fiscal year budget for more relining of sewer lines &manholes. Also, the wastewater plant will be adding a new field sampler with flow monitoring capabilities. This will give us two samplers that can monitor flow and will enable the sewer crews to continue to track down inflow/infiltration on our system and develop a CIP (Capital Improvement Plan)for future repairs. Maiden Water Treatment Plant Alum Basin The Maiden Water Plant has a discharge permit for an alum basin. The basin discharges water into the Town Creek. The alum basin is used for the water plants filters washes and basin cleanings. The filter washes and/or basin cleanings flow to the basin by gravity and are allowed to settle overnight. The solids settle to the bottom and clear water remains on top. The clear water is pumped to the creek and the solids are pumped to drying beds. After drying,the alum sludge is transported to the Catawba County Landfill for disposal. II. Performance SUMMARY OF SYSTEM PERFORMANCE FOR FISCAL YEAR 2002-2003 Maiden Wastewater Treatment Plant The wastewater plant operated very well for the past fiscal year. The Plant had two reported violations for the past year. The violations were a weekly violation for Total Suspended Solids and removal rate violations for BOD &TSS. Most of the problems encountered at the plant during the past year were typical (equipment failure). The wastewater staff performed most of the repairs. The Town is currently working with McGill &Associates to upgrade our wastewater treatment facilities. The collection system maintenance crew has been working to identify our Inflow/Infiltration problems. Several problem areas have been found and repairs are underway. • .� r ` Violations (For the fiscal year 2002-2003) February 2003: Total Suspended Solids (Weekly Limit) The violation was for violating our permit limit(weekly)for Total Suspended Solids (TSS). The clarifier skimming device failed the last week of the month and we had to switch to the other treatment unit. It takes several days for the treatment unit to come online and put out quality effluent. Sludge(seed)from the Newton&Delta Apparel WWTP's was brought in to speed up the unit coming online. As a result, our samples were out of compliance for that week. Everything was back within permit limits in March'03. April 2003: 85% Removal for BOD &TSS Limit We have a removal rate of 85%for BOD &TSS in our permit. This means the effluent monthly average for BOD &TSS must be at least 85%less than the influent average. Our influent values were low for the month of April due to the excessive amount of inflow/infiltration from the heavy rains our area experienced that month. The inflow/infiltration causes our influent flow to increase and dilutes the influent waste strength. The Town is currently attacking the Inflow/Infiltration problems on our sewer coIection system. Maiden Water Treatment Plant The alum basin operated very well for the past fiscal year. No major problems were encountered. The biggest area addressed at the basin during the past year was the sludge. Southern Soil Builders dredged the basin and pumped the alum sludge into bags placed in the drying beds. The bags contain the sludge,but allow the water to drain out back to the basin. After further drying in the bags,the sludge will be transported to the Catawba County Landfill. Violations (For the fiscal year 2002-2003) November 2002: Metals Analysis Sample for Aluminum&Iron analysis was collected for the week of 11/22/02, but not transferred to the proper lab bottle and sent for analysis. In the future, Chain of Custodies will be doubled checked at the plant when samples arrive in our lab to verify all necessary bottles are filled for analysis. February 2003: Total Suspended Solids &Settleable Solids The violation was for Total Suspended Solids and Settleable Solids for 2/21/03. Prior to sample collection,the basin was drawn down to make room for filter washing by the water plant operators. When the filter water entered the basin,the alum sludge in the basin was pushed into the wet well. When the pumps were switched on for pumping to the creek and sample collection on 2/21,the mud in the well was being pumped. When the wastewater operators arrived at the creek to get the samples, the pumps were turned off The water plant staff was informed not to remove all the water from the basin to prevent alum sludge from being pushed into the well. Maiden (°ol eetion System There were no major operational problems with the sewer collection system for the past fiscal year. The sewer crews have a preventative maintenance program setup for maintaining the lines and right of ways, As stated earlier,the major problem the Town has is the Inflow/Infiltration on the sewer lines. The Town has begun an aggressive attack on the inflow/infiltration on the system.. The entire system has been smoked tested, main trunk lines flow monitored, and relining of approximately 3,400 feet of gravity line &9 manholes. More funding is included in the next fiscal year budget for relining of lines &manholes, and replacement of the Cemetery line. Spills/Overflows (For the fiscal year 2002-2003) The Town of Maiden did not have any Reportable Spills for 2001-2002. There were four(3) "Reportable Spills"and they were reported in accordance with the"Reportable Spill"Guidelines. Reports for each spill are maintained on file at Public Works, I/22103 Spill occurred on sewer right of way behind Ethan Allen Furniture off of S. Main Ave. Spill did reach a nearby creek(Shady Branch). Approximately 200 gallons spilled. Corrective measures taken were; sewer line checked & flushed, and sewage spill area limed, 2/26/03 Spill occurred on sewer right of way behind Ethan Allen Furniture off of S. Main Ave. Spill did reach a nearby creek (Shady Branch). Approximately g50 gallons spilled. Corrective measures taken were: sewer line flushed to clear blockage, area around manhole was cleaned & limed, and the Town spoke with Ethan Allen about watching,their discharges to eliminate rags &towels or face possible enforcement actions. 3/20/03 Spill occurred on sewer right of way at entrance to Waste Treatment.Plant; The Town experienced very heavy rain this morning and heavy flooding occurred along all creek banks. As a result, this manhole was overflowing. Due to the flooding, the amount of overflow was undetermined. Corrective measures taken were: installed bowls inside of manhole lids along creeks in low areas. 111.Notification A Public Notice was listed in the Hickory Daily Record advising all customers the report is available for public review at City Hall. IV, Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the Town of Maiden sewer system and that those users have been notified of its availability, Michael Lingerfelt Date Wastewater Superintendent Town of Maiden -4w A Michael F.Easley,Governor 9 William G.Ross Jr.,Secretary Q� QG North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director - Division of Water Quality Coleen H.Sullins,Deputy Director Division of Water Quality July 29, 2003 • 172 Mr. Michael Lingerfelt Town of Maiden WWTP Lab. P!O. Box 125 Maiden, NC 28650 SUBJECT: Laboratory Certification Maintenance Inspection • Dear Mr. Lingerfelt: Enclosed is a report for the inspection performed on July 2, 2003 by Mr. Chester E. Whiting. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations listed. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. We appreciate the fine job you and your staff are doing. As a certification requirement, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733-3908. Sincerely, James W. Meyer Laboratory Section Enclosure cc: Chester E. Whiting Mooresville Regional Office NCQENR N.C.Division of Water Quality Laboratory Section 1623 Mail Service Center Raleigh,North Carolina 27699-1623 (919)733-7015 FAX: (919)733-6241 On-Site Inspection Report LABORATORY NAME: Town of Maiden WWTP Laboratory ADDRESS: P.O. Box 125 Maiden, NC 28650 CERTIFICATION NO.: 172 DATE OF INSPECTION: July 2, 2003 TYPE OF INSPECTION: Maintenance EVALUATOR: Chet Whiting LOCAL PERSON(S) CONTACTED: Mr. Michael Lingerfelt I. INTRODUCTION: This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II. GENERAL COMMENTS: The laboratory was is doing a good job and no deficiencies were observed. Some changes in documentation procedure are necessary to help increase data defensibility. The laboratory is to be commended for taking the initiative with changes that have occurred in relation to certification issues. III. DEFICIENCIES, REQUIREMENTS, COMMENTS ANDRECOMMENDATIONS: GENERAL DOCUMENTATION: A. COMMENT: It is necessary to increase documentation to better track standard and reagent preparation. Also to document the receipt of chemicals and reagents. -Several options were discussed. The best methods are to make and reagent and standard prep log and a chemical and reagent received log. B. COMMENT: Corrections for data work entries are (with one observed exception) crossed through and the correction made near the error or in the margin, however the corrections are not initialed. It is important to initial corrections so that a person(s) correcting or changing data can be identified. QUALITY CONTROL: COMMENT: A Low level acceptance criterion was discussed for Suspended Solids and Fecal Coliform duplicate analyses. Please contact us if you need further assistance. DISSOLVED OXYGEN: C. COMMENT: Document the altitude and correction factor on the bench sheets. Since the altitude is constant this item may be included on the bench sheet with a cover statement such as: Unless otherwise indicated D.O. calibration altitude is (...ft.) Page 2 SETTLEABLE SOLIDS: D. COMMENT: The start and end tome of the analysis is not recorded. Please record the start and end time in order to verify that the analysis was performed as specified in the method. • FECAL COLIFORM (MF): E. COMMENT: The time in and out of the water bath is recorded, however the date is not recorded. Please document the day in and out of the water bath as well as the time. AMMONIA NITROGEN: F. COMMENT: If ammonia samples are to be preserved for storage (not analyzed within 2hours), then preservation to a pH of< 2 must be documented. IV. PAPER TRAIL INVESTIGATION: Data and DMRs for January, March, and May 2003 were examined as well as supporting documentation. One instance of overwriting was observed on BOD data 1/9/03. (see comment#2). No other items were observed. V. CONCLUSIONS: Correcting the above cited comments and implementing the recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all lettered comments. Report prepared by: Chet Whiting Date: July 17, 2003 o�o w rRQ FGbiet- (4/141/ sie ni G Michael veovemcmc —I William G.Ross,Jr.,Secretar North Carolina Department of Environment and Natural Resource' Alan W.Klimek,P.E.,Directo - Division of Water Qualih February 21, 2003 Mr. Kevin Sanders Town of Maiden Post Office Box 125 Maiden, North Carolina 28650 Subject: Compliance Evaluation Inspection Town of Maiden WWTP NPDES Permit No. NC0039594 Catawba County,NC Dear Mr. Sanders: Enclosed is a copy of the Compliance Evaluation.Inspection Report for the inspection conducted at the subject facility on February 20, 2003 by John Lesley of this Office. Please inform the facility's Operator-in-Responsible Charge of our findings by forwarding a copy of the enclosed report. The report should be self-explanatory;however, should you have any questions concerning this report, please do not hesitate to contact Mr. Lesley or me at 704-663-1699. Sincerely, A1.L J,�l;u+'(,i,•_,r,c AA D. Rex GIeason, P.E. Water Quality Regional Supervisor Enclosure cc: Central Files Catawba County Health Department JL �** d`. am$ Customer Service Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 NCDENR 1 800 623-7748 FAX (704) 663-6040 United States Environmental Protection Agency EPA Washington,D.C.20460 Form Approved. OMB No.2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding(i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 '-_' 2 I r t 3 I NC0039594 11 12 1 03/02/20 117 18 '_' 19 f_I 20 1_ I u tJ Remarks u u 211 11 I I I I 1 1 1 1 1 1 1 ! 1 I I 1 I I 1 I i I 1 1 11 1 1 1 I I 1 I I I I I I I 1 1 1 i66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA Reserved 671 2.0 169 70 1, t 71 11., 72 I 72 731 174 751 I I I i I 1 160 U Section B: Facilityli Data LJ Name and Location of Facility Inspected(For Industrial Users discharging to POTW,also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 10:30 AM 03/02/20 01/01/01 Maiden WWTP Finger Street Exit Time/Date Permit Expiration Date Maiden NC 28650 12:00 PM 03/02/20 05/07/31 Name(s)of Onsite Representative(s)ffitles(s)/Phone and Fax Number(s) Other Facility Data Michael Ray Lingerfelc/ORC/828-428-4872/ Kevin Sanders//828-428-5020/ Name,Address of Responsible Official/Title/Phone and Fax Number Contacted Doris Bumgarner,PO Box 125 Maiden NC 28650//B28-428-5020/ No Section C: Areas Evaluated During Inspection(Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self-Monitoring Program Sludge Handling Disposal Facility Site Review Pretreatment Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) The facility was last inspected by John Lesley on April 1, 2002 FACILITY SITE REVIEW/OPERATION AND MAINTENANCE: The WWTP appeared to be well operated and maintained. A new skimming device has been installed on the #1 clarifier. One of the dual treatment units is being used for sludge storage prior to disposal at the Hickory (cunt:.) Name(s)and Signature(s)of Inspector(s) Agency/Office/Phone and Fax Numbers Date John E Lesley MRO WQ//704-663-1699/704-663-6040 �1z// U3 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3(Rev 9-94)Previous editions are obsolete. NPDES yr/mo/day Inspection Type (cont.) 3 NC0039594 111 121 03/02/20 117 18 I„I Section D: Summary of Finding/Comments(Attach additional sheets of narrative and checklists as necessary) Compost Facility. The liquid oxygen feed system is rather old and is in need of refurbishing (some of the automatic valves are in need of replacement) . A comprehensive process control program is used at the facility. RECORDS/REPORTS: All records and reports are maintained in accordance with permit conditions. LABORATORY: The on-site laboratory (Certificate No. 172) is properly certified to conduct BOD, TSS, ammonia as N, total residual chlorine, fecal coliform, conductivity, temperature, pH, settleable solids, and turbidity. Pace Labs, Asheville, performs toxicity testing. SELF MONITORING PROGRAM: Monthly self-monitoring reports were reviewed for the period December 2001 through November 2002. No violations were reported during the period. Time-based sample collection has been approved by the Division for use at this facility. Samples are collected and maintained at 4 degress C during collection and storage. Chain of custody documentation is maintained for each sample. FLOW MEASUREMENT: Flow is measured by means of an ultra-sonic flow meter. Nix, Purser, and Associates calibrates the flow meter twice yearly. The flow meter was last calibrated on January 20, 2003. r of WarF �(P414 f Q 0 \ C a Michael F.Easley,Governor Y William G.Ross,Jr.,Secretary 4l w� North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E,Director Division of Water Quality May 12, 2003 CER1'1F'LI D MAIL RETURN RECEIPT REQUESTED Mr. Herman Caulder, Town Manager 7001 2510 0004 8287 7118 Town of Maiden P.O. Box 125 Maiden,NC 28650 Subject: Notice of Violation-Effluent Limitations Town of Maiden WWTP NPDES Permit No.NC0039594 Catawba County Dear Mr. Caulder: A review of the February 2003 self-monitoring report for the subject facility revealed a violation of the following parameter: Pipe Parameter Reported Value Limit 001 Total Suspended Solids 34.0 mg/L 30.0 mg/L FIN Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Richard Bridgeman of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr.Richard Bridgeman or me at 704/663-1699. Sincerely,Q /Dr r l � D.Rex Gleason,P.E. Water Quality Regional Supervisor cc: Point Source Compliance/Enforcment Unit RMB • A+ NCDEI 1 . Mooresville Regional Office,919 North Main Street,Mooresville,NC 28115 PHONE (704)663-1699 Customer Service FAX (704)663-6040 1 800 623-7748 PPFIPPIPP- OF WAT I9p Michael F.• �ley,Governor �O William G ^r.,Segretary.,,� North Carolina Department of Bnvironmen i 4 Kehocces Alan W Klime 'irtjAwfwfwtl . i'vision rQualtl}w R April 8, 2003 APR 1'‘, 2CO3 Mr. Herman Caulder,Town Manager 1� Town of Maiden PO Box 125 ' i'AL1 Maiden, NC 28650 +I„ � Subject: Application No. WQCS00120 Additional Information Request Wastewater Collection System Catawba County Dear Mr. Caulder: The Non-Discharge Permitting Unit has conducted a preliminary review of the subject permit application package. Below I have listed the items that must be submitted in response to this letter. Please submit these items in duplicate to my attention at the address below by May 9, 2003. I will then discuss other issues that are of importance regarding the collection system permit, but do not require a written response. Finally, I am also attaching a template of the wastewater collection system permit. It is essential that you and staff members review this document carefully and make note of changes to your current program that will need to be made, as well as making note of any conditions not already discussed in this letter that will be problematic for the Town. If after reviewing this letter and the enclosed template permit, you and/or your staff would like to discuss the permitting process or the permit with the Division of Water Quality,I would be very happy to schedule a time to come to Maiden for a meeting. The additional information to be submitted are itemized below: 1. In order to meet Condition 1.2 of the permit,please provide a list of collection lines that are currently identified as having inadequate capacity and likely to have Sanitary Sewer Overflows (SSOs) until rehabilitated or replaced. With this list must be submitted documentation (evaluations by consultants, spill reports etc.)to show how it was determined that the specific section of collection line has capacity inadequacies (you may refer to documents already submitted with your application). You must also provide a scheduled date for when each line will be rehabilitated or replaced to solve the current problem. The scheduled dates should be reasonable and you should be able to provide justification for each date. • Non-Discharge Permitting Unit Internet http://h2o.enr..state.nc us/ndpu NEDEN t 1617 Mail Service Center,Raleigh,NC 27699-1617 Telephone (919)733-5083 Fax (919)715-6048 DENR Customer Service Center Telephone 1 800 623-7748 An Equal Opportunity Action Employer 50%recycled/10%post-consumer paper 2. Per permit condition 1.10, each pump station MUST have BOTH audible and visual alarms present and working, UNLESS there is a telemetry SCADA system with automatic poling for signal at the pump station. Pump stations without telemetry SCADA systems or visual and audible alarms must immediately be retrofitted. It appears from your application that the McCreary Modem Pump Station has an audible alarm and telemetry. Please confirm whether the telemetry system has an automatic poling feature. If not, please provide a date by which a visual alarm can be added to the pump station. 3. Per permit condition 1.5, the Town is required to implement a Capital Improvement Plan (CIP). The permit application notes that capital improvements to the system have been budgeted for the Town but it is unclear if it is part of a 3-5 year CIP. Please submit a detailed multi-year CIP for the Town that shows the Town has addressed future capital needs. If you do not currently have a multi-year CIP in place, please provide a date that the Town will be able to implement one. 4. The locations of all high priority lines will be referenced in your collection system permit. Please confirm the list of high priority lines that was submitted with your permit application for completeness. Please note the Division's definition of a high priority line: Any aerial Iine, sub-waterway crossing, line contacting surface waters, siphon, line positioned parallel to streambanks that are subject to eroding in such a manner that may threaten the sewer line. 5. Your permit application indicates that you currently have an agreement in place to accept flows from Lincoln County. Please provide us with contact information such as name, address, phone number for the satellite system. Below I have listed the items that may be of specific note to the Town. These items do not need to be submitted but should be in place prior to receiving the permit. Please inform-me if you have any questions or comments regarding any of these items: 1. Please note that permit Condition ILI requires designation of an Operator in Responsible Charge (ORC) and a back-up ORC. Your application noted that at this time only an ORC has been designated for the Town. 2. Please note that the permit will require a written contingency plan to be developed for each pump station in case of pump failure. These plans should be available to staff at all times and should clearly identify the steps they are to take in case of a pump failure. 3. I've enclosed an outline of all inspections, logs and record keeping that will be required in the permit. There may be record-keeping that will have to be added to the Town's existing program and some existing logs and/or inspections may need to be modified to include all items to be inspected/tested as required by the permit. 4. The Town currently has a map of the collection system. Please note the items required for the map in condition III.3 of the permit. 5. The Division of Water Quality highly recommends fencing around pump stations to restrict unauthorized entry whenever possible. At a minimum all components of pumps stations must be restricted. This includes locking all wetwell and drywell covers, Iocking all power and control boxes. As mentioned above, I am attaching a template of the wastewater collection system permit. It is essential that your staff review this document careful➢y again and make note of any condition,, not already discussed in this letter that will be problematic for the Town of Maiden. Please submit a list of any Conditions not already discussed with your response to the letter. Pleasebe aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. Please reference the subject application number when providing the requested information. 'Iwo copies of all revised and/or additional documentation should be submitted to my attention at the address above. Please note that failure to provide this additional information on or before the above requested date may result in your permit being issued without further discussion. If you have any questions regarding this request, please do not hesitate to contact me at (q 1 9) 733-5083, extension 502 or sue.homewood@ncmail.net.. Thank you for your cooperation. Sincerely, - -Sue Homewood Non-Discharge Permitting Unit Cc: Mooresville Regional Office, Water Quality Section Permit Application File WQCSO0120 Vimof i'Q 6 ILGc hae!F.fey;Gcver.-tr ® • r >~Te-rzVsri.arn G_Ross_ ry North Carona Depars entcf -sneni and NaErd Rmairces Xan W.K g_E„E]ies.:a Division cfW Chza:dy April 17, 2003 Mr. Mike LingerfeIt Wastewater Treatment Superintendent Town of Maiden Post Office Box 125 Maiden, North Carolina 28650-0125 Subject: PAR Review Town of Maiden NPDES Permit No.NC0039594 Catawba County, NC - Dear Mr. Lingefelt: Mooresville Regional Office staff has reviewed your Pretreatment Arai T Re_ rL(PAR) for the reporting period of January through December 2002. Based on the review,.it a,gpearh that the POTW completed the PAR in accordance with guidelines set forth b_v the Dion for modified pretreatment programs. If you have any questions concerning your PAR, please do not hesitate to con=John Lesley of this Office at (704) 663-1699. Sincerely, c.Thess„.„ cm,b, Rex Gleason, P.E. Water Quality Regional Strpzrr-i_sor Cc: Dana Folley, Pretreatment Unit- Central Office Central Files JL itocresrie Regional Me,919 North Main Street,Moaresvz:�,NC 2s'"..5 Y::-�.�: Ctrirroe Senrce Ippr MAIDEN worm Mh r„. ENR MAR 8 2003 Tot K RR T STEVEN ' h t From MIKE LI RF . L, '` A 01) i O c d Dated August 23,20'02 Roc SYSTEMA UAL REP RT Enclosed is the Town of Maiden's annual report, The report covers the fiscal year (July 1, 2001 ...June 30, 2002)and includes information on the wastewater plant,water plant alum basin,and the collection system. If any additional Information is needed,give me a call at(828) 50 . V "`a1M Eras .ee eta Aqui $,iC2 1,MAP , TOWN OF MAIDEN WASTEWATER TREATMENT PLANT PERFORMANCE ANNUAL REPORT General Information Facility System Name: Town of Maiden Wastewater Treatment PIant Town of Maiden Water Treatment Plant Responsible Entity: Town of Maiden Person in Charge/Contact: Michael Lingerfelt Applicable Permits: NC0039594(Wastewater Pt.) NC0080837 (Water Pt.) Description of Treatment Process or Collection System: Maiden Wastewater Treatment Plant The Maiden wastewater treatment plant consists of a Pure Oxygen Treatment System. The process works in two phases: preliminary treatment&secondary treatment. In preliminary treatment, screenings are removed by a bar screen and grit is taken out by a grit removal system. The water is then pumped via a pump station to the treatment unit. This starts the secondary treatment(biological)phase. In secondary treatment,the wastewater is treated by microorganisms. Our treatment unit consists of two aeration zones, final clarifier, and disinfection. In the aeration zones,the bugs(microorganisms)are mixed with the incoming wastewater and a biomass is formed. Oxygen gas is supplied to the treatment units to provide air for the biomass. The oxygen is shipped to our plant in liquid form and converted to gas through a vaporization system. The bugs use oxygen like humans. While passing through the aeration zones,the bugs consume(eat)the waste from the water. After aeration,the water passes into the secondary clarifier. The water and solids (biomass) separate during this part of the treatment phase. The solids are returned to aeration(this starts the process over again)by an airlift blower or wasted into an aerobic digester for storage until removal from the plant. The water from the clarifier moves to the disinfection stage where chlorine gas is fed into the water to reduce pathogens (disease causing bacteria)to state required levels. Once disinfected,the water is discharged into Clark's Creek. Our excess sludge is transported to the Hickory Regional Compost Facility in Hickory,NC. Town of Maiden Collection System The Town of Maiden has approximately 26.5 miles of sanitary sewer lines and five pump stations. Only four of the pump stations are in service. The public works staff checks and maintains the sewer lines while the wastewater staff takes care of the pump stations. The pump stations are checked Monday through Friday every week. Public works maintains the collection system. The high priority sewer lines are checked on a routine basis. Preventative maintenance is done on the collection system on a regular basis. This mostly consists of flushing the lines and sending the root cutter down the lines. Each pump station has a generator for standby power in the event of outages. The generators are checked and tested every month_ Maiden Water Treatment Plant Alum Basin The Maiden Water Plant has a discharge permit for an alum basin. The basin discharges water into the Town Creek. The alum basin is used for the water plants filters washes and basin cleanings. The filter washes and/or basin c1P,anings flow to the basin by gravity and are allowed to settle overnight. The solids settle to the bottom and clear water remains on top. The clear water is pumped to the creek and the solids are pumped to drying beds. After drying,the alum sludge is transported to the Catawba County Landfill for disposal. LI. Performance SUMMARY OF SYSTEM PERFORMANCE FOR FISCAL YEAR 2001-2002 Maiden Wastewater Treatment Plant The wastewater plant operated very well for the past fiscal year. There were no reported violations for the past year. Most of the problems encountered at the plant during the past year were typical(equipment failure). The wastewater staff performed most of the repairs. One of the main objectives included in the budget was to have our plant influent pumps pulled for routine maintenance. Kemp Construction pulled the pumps and completely rebuilt them. The Town is continuing work on the plans for upgrading the wastewater plant. The collection system maintenance crew has been working to identify our Inflow/Infiltration problems. Several problem areas have been found and repairs are underway. Our fiscal year 2002—2003 budget includes funds for Capital Reserve to upgrade the plant. Violations (For the fiscal year 2001-2002) No violations reported for the fiscal year 2001--2002. Maiden Water Treatment Plant The alum basin operated very well for the past fiscal year. No major problems were encountered. The biggest area addressed at the basin during the past year was the sludge. Bio-Nomics dredged the alum basin and pressed the alum sludge. The sludge was disposed onto drying beds. After further drying,the sludge will be transported to the Catawba County Landfill. Violations (For the fiscal year 2001-2002) September 2001: Upstream and Downstream Turbidity The violation was for monitoring(Failure to monitor). No turbidity's were reported for the sample on 9/20/01. Our lab technician analyzed the turbidity's,but failed to record the data on the benchsheet. Personnel actions were taken to prevent this violation from happening in the future. Maiden Collection System There were no major operational problems with the sewer collection system for the past fiscal year. The sewer crews have a preventative maintenance program setup for maintaining the lines and right of ways. As stated earlier, the major problem the Town has is the Inflow/Infiltration on the sewer lines. The sewer crews are working to correct this problem and funds have been allocated to begin rehabbing some older lines in the Town. Spills/Overflows (For the fiscal year 2001-2002) The Town of Maiden did not have any Reportable Spills for 2001-2002. There were four(4) minor incidences that did occur, but were not reported, in accordance with the"Reportable Spill" Guidelines. Reports for each spill are maintained on file at Public Works. 2/06/02 Spill occurred at North 6th Avenue. Approximately five (5)gallons of sewage backed up into a house basement. Corrective measures taken were: sewer line checked &flushed, sewage spill cleaned up, and the home was disinfected. 2/09/02 Spill occurred at 712 East Union Street. Approximately two hundred(200) gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line flushed to clear blockage, area around manhole was cleaned, and one hundred(100)pounds of lime was added to the spill area. 6/06/02 Spill occurred at West School Street. Approximately fifty(50)gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line was flushed to clear blockage, area around manhole was cleaned, and fifty (50)pounds of lime was added to the spill area. 6/08/02 Spill occurred at 105 East Boyd Street. Approximately twenty-five (25)gallons of sewage backed up into a house basement. Corrective measures taken were: sewer line checked &flushed, sewage spill cleaned up, and the home was disinfected. III. Notification A Public Notice was listed in the Hickory Daily Record advising all customers the report is available for public review at City Hall. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the Town of Maiden sewer system and that those users have been notified of its availability. 10 (-7 A'.;k. Michael Lingerfelt Date Wastewater Superintendent Town of Maiden r ' .1"." '""10., .." ' 20 f:'441' • ifgalte ,,f.j 1. " .. . '01ilit.Ta '" "''' i,, ..,, ,...:.. , .:: 00p ,;,,i--, :; oTIFIQAT1oNi.,.. ...,,- .;.-, . . .,411,:pro Fk the iihiiirerrehlts.or house .03111140 or theOleitn'Water Adt• 1 A 199.9,r:,0(:.Town.,.of .v4Alilde. ,has•:pleparfitaii!,!Ail, ,',/leiiOrt...(9r;1101aStek• ter.'Iraitri?erg`'plailli,;Wcitek. Ireatrnrenk=glatici'luni,-,Bpilic: tind:::Sgriltar)i.-"Seyiaf'''.Colliiot(oll -:Syster:rf;qhe, report,:covera'the Ilme.•-period of-',Jyly.,•"?001:;•ri JLitie.'2002..rjk:eopb,gf;th( re;,.: p9t,(4o ,!,f110'et).the•!fOric4In ! tootroni for publlo f.eyli:O'Nlif. - .1.- ,-,,J0.• .,.4iy.i,,,,,......1.4,-6.,,A;q4: ;,.., OL?),'.1'.o....4.0.. .1."•....'''.. 0 V.:,,..i.,Pi!-.?1., •P 0 4 f• :ToViri.of Maiden:.i. ,,..„ astOrater Treatpient P,Ight•'. :13,41.2090 . • . . „ .. •j:aio•.:.!.; Malden,' C.286$0,.1.1t,".,, • c..-(128)421102 --tCoritscIt'Ailohael Lliterfert,,• 41;Wasteyrater Treatment Plant. ga...!%. ,,, i.,,... ...,W. : .'..\SuperInten'dehr`.',• .. .,.. i.i Town of Malqey.:),;, .„ ":'113 W.'Main Se.' '..,.:,. palden,,NC 2885.C.E„ t:Ic!..,. .• ($28)428.5000 COntaot:Eddie Faulkner.7. Public Works Dlidotee 14. PUBLISH:. thpit:s., 23';.:.'•„ 0, .,i.,2002, :-. ,;:, , . ;•;•.!,--.i,:-. ..,1::. .,.._,,„.... .._.. riv ©F 10 T`c�P �� � f C" k''- y,Governor Michael F.Easley, William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W.Klimek,P.E.Director > Division of Water Quality C.7 `C November 15, 2002 r -, ._ 172 f..- ° F Mr. Michael Lingerfelt N ;w t , < Town of Maiden WWTP Lab. ' i'r P.O. Box 125 vs,11 1in r Maiden, NC 28650 SUBJECT: Wastewater/Groundwater Laboratory Certification Renewal Dear Mr. Lingerfelt:. The Department of Environment and Natural Resources, in accordance with the provisions of NC GS 143-215-.3 (a) (10), 15 NCAC 2H ,0800, is pleased to renew certification for your laboratory to perform specified environmental analyses required by EMC monitoring and reporting regulations 15 NCAC 2B .0500, 2H .0900 and 2L .0100, .0200, .0300, and 2N .0100 through .0800. Enclosed for your use is a certificate describing the requirements and limits of your certification. Please review this certificate to insure that your laboratory is certified for all parameters required to properly meet your certification needs. Please contact us at 919-733-3908 if you have questions or need additional information. Sincerely, Steve W. Tedder Laboratory Section Chief Enclosure ;T i , , cc: James W. Meyer Norman L. Good Wthsrto iem Regional Office NOV 2 1 2002 NIC JEAN R Laboratory Section N.C.Division of Water Quality 1623 Mail Service Center Raleigh,NC 27699-1623 (919)733-3908 FAX: 919-733-6241 Internet: www.esb.enr.state.nc.,us/lab STATE OF NORTH CAROLINA DEPARTMENT OF THE ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY LABORATORY CERTIFICATION PROGRAM In accordance with the provisions of N.C.G.S. 143-215 3(a)(1),143-215.3(a)(10)and NCAC 2H.0800: AT •titg 20 r�s dki s ip 1 l . •� ,/ � .�? e y J1 5 I� .fit i • LJ% - -esf QUAM pf.�'t G TOWN OF MAIDEN WWTP LAB. Is hereby certified to perform environmental analysis as listed on Attachment land report monitoring data to DWQ for compliance with NPDES effluent, surface water,groundwater, and pretreatment regulations. By reference 15A NCAC 2H.0800 is made a part of this certificate. This certificate does not guarantee validity of data generated,but indicates the methodology,equipment,quality control procedures, records,and proficiency of the laboratory have been examined and found to be acceptable. This certificate shall be valid until December 31, 2003 Certificate No. 172 Steve W. Tedder riv Attachment I North Carolina Wastewater/Groundwater Laboratory Certification Certified Parameters Listing Lab Name: Town of Maiden WWTP Lab. Certificate Number: 172 Address: P.O. Box 125 Effective Date: 01/01/2003 Maiden,NC 28650 Expiration Date: 12/31/2003 Date of Last Amendment: The above named laboratory,having duly met the requirements of 15A NCAC 2H.0800,Es hereby certified for the measurement of the parameters listed below, CERTIFIED PARAMETERS INORGANICS DOD Std Method 5210E RESIDUAL CHLORINE Std Method 4500 CI G _ COLIFORM FECAL Std Method 9222D(MF) CONDUCTIVITY Std Method 2510B DISSOLVED OXYGEN Std Method 4500 0 C AMMONIA NITROGEN Std Method 4500 NH3 F pH Std Method 4500 H B RESIDUE SETTLEABLE • Std Method 2540F RESIDUE SUSPENDED Std Method 2540D TEMPERATURE Std Method 2550B TURBIDITY Std Method 2130B 1 This certification requires maintance of an acceptable quality assurance program,use of approved methodology,and satisfactory performance on evaluation samples. Laboratories are subject to civil penalties and/or decertification for infractions as set forth in 15A NCAC 2H.0807. "69 . MAIDEN wvirrP Alit Tot DIV ff.? r (gat ERR T. ofwA E �� DIRECTORS OF4LEMY num MIKE LIN RFEL4 , Deka August 2002 Rol SYSTEM ANNUAL REPORT Enclosed the Town of Maiden's annual report. The report covers the fiscal year(July 1, 2001 -June 30, 2002)and includes information on the wastesiater plant,water plant alum basin,and the collection system. If y additional information is needed,give me a call at(828)428.5N 032. i G71,4,11,1 DEC 3 2002 it TOWN OF MAIDEN WASTEWATER TREATMENT PLANT PERFORMANCE ANNUAL REPORT 1, nfria n Facility System Name: Town of Maiden Wastewater Treatment Plant Town of Maiden Water Treatment Plant Responsible Entity: Town of Maiden Person in Charge/Contact: Michael Lingerfelt Applicable Permits: NC0039594(Wastewater Pt.) NC0080837 (Water Pt.) Description of Treatment Process or Collection System; Maiden Wastewater Treatment Plant The Maiden wastewater treatment plant consists of a Pure Oxygen Treatment System. The process works in two phases: preliminary treatment& sec tar'treatment. In preliminary trot screen t,,s are removed by a bar screen and grit is taken out by a grit removal system. The water is then pumped via a pump station to the treatment unit. This starts the secondary treatment(biological)phase. In secondary treatment, the wastewater is treated by microorganisms. Our treatment unit consists of two aeration zones, final clarifiers and disinfection. In the.aeration zones, the bugs (microorganisms)are mixed with the incoming wastewater and a biomass is formed. Oxygen gas is supplied to the treatment units to provide air fro the biomass. The oxygen is shipped to our plant in liquid form and converted to gas through a vaporization system. The bugs use oxygen like humans, While passing through the aeration zones, the bugs consume(eat)the waste from the water. After aeration, the water passes into the scrartefriry clarifier.. The water and solids(biomass)separate during this part of the treatment phase. The solids are returned to aeration(this starts the process over again)by an airlift blower or wasted into an aerobic digester for storage until removal from the plant. The water from the clarifier moves to the disinfection stage where chlorine gas is fed into the water to reduce pathogens (disease causing bacteria)to state required levels, Once disinfected, the water is discharged into Clark's Creek. Our excess sludge is transported to the Hickory Regional Compost Facility in Hickory, NC. T'uwn of Maiaen Collection System The Town of Maiden has approximately 26 5 miles of sanitary sewer lines and five pump stations. Only four of the pump st;ttions are in service. The public works staff checks and maintains the sewer lines while the wastewater staff takes care of the pump stations. The pump stations are checked Monday through Friday every week. Public works maintains the collection system. The high priority sewer lines are checked on a routine basis, Preventative maintenance is done on the collection system on a regular basis. This mostly consists of flushing the lines and sending the root cutter down.the lines. Each pump station has a generator for standby power in the event of outages. Thegenerators are ed and tested every month. . 1,71 -;•11. 1.'•"); i.11.11.F11.1 „i• rr.11,1 r,1:1 ,'..?7f1f111, 1;%' tr.,F.12 i.0111,"1- 1 r i•,,.•*- • ;(...):.4 Pc'.1f"•1,.1"nf; y•,(1:!••.4,1 fp! Af?,,; I e• • 1: ct1;,--. ; 1•31;': :;•• 6,1fAitn '..LN i.:/:1' r••:";1• cv,•?... • t i n.1.-• 4:.i71;1 •=•, J :r1;12„ tlt, agc., 4 r;p1r.rif:. 17;37; jr.r1 Mt() 7-0'; • !q' 'YIF; 011., fR • . fivq.1! !," .1:, •i .71`.1 11-EAJ 1,, Qr. jr,1!" 1.4'-',11::1.1rf..1] -r4.r.111.7).! Tp". pi-j21;7,i• int.•z•""r4c,1r; 114v...4,7 ,:pr: r'r r.! t) -.1 .S.;flir r i; ;, r tlyt )!; 11', , 1,1:V (,:e.Ut) j:Crif10.(1 (.011: L'.t-•;";•••*::111-r•'.:: '4` !:j1).'4;1' ;r44 v ."4 ',7:513 'I 1;t rjr fri-lytz•-717; 541.•;41 je, 1:;1.C. 131 1,31' 1 /4' i21".t.; Z.1,01.1!' • jr' ;.tc prf-tiF: ) ' :CorTr1 • fi.r.^.'irr .:14J Int 1, .••.•nir• ;,1) t".• 1, t1"71 '1,-;-:)T1;/...."5; 43;14 J.1.tl? r pe' 'J .r •=0 14 1'11 ;•.11:/: • : 11 r• II Nr:11. •.14,4.111_1°1:11.: .•11. 4ffilLt.; 1 . ';• 4 •• 4i1, ': 1:;41:•4 •t,rr ;: Uilet`14' ,• Ipte rirry 15 s4S..1/1,2 V..t.:11' ,L(liti\i/ OF. J ' UEA 4 Maiden Water Treatment Plant Alum Basin The Maiden Water Plant has a discharge permit for an alum basin. The basin discharges water into the Town Creek. The alum basin is used for the water plants filters washes and basin cleanings. The filter washes and/or basin cleanings flow to the basin by gravity and are allowed to settle overnight. The solids settle to the bottom and clear water remains on top. The clear water is pumped to the creek and the solids are pumped to drying beds. After drying,the alum sludge is transported to the Catawba County Landfill for disposal. II. Performance SUMMARY OF SYSTEM PERFORMANCE FOR FISCAL YEAR 2001-2002 Maiden Wastewater Treatment Plant The wastewater plant operated very well for the past fiscal year. There were no reported violations for the past year. Most of the problems encountered at the plant during the past year were typical(equipment failure). The wastewater staff performed most of the repairs. One of the main objectives included in the budget was to have our plant influent pumps pulled for routine maintenance. Kemp Construction pulled the pumps and completely rebuilt them. The Town is continuing work on the plans for upgrading the wastewater plant. The collection system maintenance crew has been working to identify our Inflow/Infiltration problems. Several problem areas have been found and repairs are underway. Our fiscal year 2002—2003 budget includes funds for Capital Reserve to upgrade the plant. Violations (For the fiscal year 2001-2002) No violations reported for the fiscal year 2001—2002. Maiden Water Treatment Plant The alum basin operated very well for the past fiscal year. No major problems were encountered. The biggest area addressed at the basin during the past year was the sludge. Bio-Nomics dredged the alum basin and pressed the alum sludge. The sludge was disposed onto drying beds. After further drying,the sludge will be transported to the Catawba County Landfill. Violations (For the fiscal year 2001-2002) September 2001: Upstream and Downstream Turbidity The violation was for monitoring(Failure to monitor). No turbidity's were reported for the sample on 9/20/01. Our lab technician analyzed the turbidity's,but failed to record the data on the benchsheet. Personnel actions were taken to prevent this violation from happening in the future. • ;C•("i,'" .d.r.n •rrir 1.33 J . !... k.r1:•"t; 11! 7,611.1-134i•S) •.' ..-;"1-1::7,r):32.":",4 1121 '-ie;f1zP II; ;07' )P:1 i.); /-'1•-• 1.,11r5 -1 31 '1 '‘‘..",.7"7:,—,'•1 '111 '1•?•'". •:',f;!.111/.Z Sr. -$)- • A 12ni py,NiTfi .;:-••Yi, ti ;; tvi,f vifufq'-;1.1 trt,',11.7-, :Ste, sC":.:•-1„V :r- , ',•);::r;r 1.11:'4..IT:4'1.,/"'. •; 1•Ya.; t.•.:11.17i7.7_ )11%-1),;!,w ;,;;;I ;1.11if..:r.:',1131110";:, .3 Till pp..;41:-... i".1:•' 1,1) ;!1.1-; (11:.):: s.,rty;:, s•;. "!..2'7:11 11.1,..:11 j ;7; ;,11. 1.1" !lf." ' r) i 1:1!11,13.(i). Litt: :)L if); 11.: OT,Ir ",piirws it:3; ;;.?,. • ..y.c• • :st Tin 1,rjoi,cc; r.Ce Itr,,,i.r. irzp.r.!9, •:.' In, 0 ;:c•A .L1,1.1E135 ; Ci,". 1,7F!cvr ti cr; hrirr rhi •US '1,7 .3 1,:ir,7 I, 1:1`.7.11- D.'S yr. I: C.e.1 j'i;thicyj Cfrli E.'!".;.'" isf.;1/`:`el" it)h. 17 ; ' pi;fi- .•• 11;:• !qr. "? "'Igt ".r: t.:1A.Y :- r p ,-)7)z1;/, tiff }.-7.5‹ I .t,c1-f.V."",•: 1.1-1.;;:1; 1:i.7121 :717,7r: 1, Maiden Collection Sstem There were no major operational problems with the sewer collection system for the past fiscal. year, The sewer crews have a preventative maintenance program setup for maintaining the lines and right of ways, As stated earlier, the major problem the Town has is the Inflow/Infiltration on the sewer lines. The sewer crews are working to correct this problem and funds have been allocated to begin rehabbing some older lines in the Town. Spills/Overflows (For the fiscal year 2001-2002) The Town ofMaiden did not have any Reportable Spills for 2001-2002, There were four(4) minor incidences that did occur, but were not reported,i.n accordance with the"Reportable Spill" Guidelines. Reports for each spill arc maintained on file at Public Works, 2/06/02 Spill occurred at North 6th Avenue. Approximately five(5)gallons of sewage backed up into a house basement. Corrective measures taken were: sewer line checked &flushed, sewage spill cleaned up,and the home was disinfected, 2/09/02 Spill occurred at 712 East Union Street, Approximately two hundred(200) gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line flushed to clear blockage, area around manhole was cleaned,and one hundred(100) pounds of lime was added to the spill area. 6/06/02 Spill occurred at West School Street. Approximately fifty(50)gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line was flushed to clear blockage, area around manhole was cleaned, and fifty (50) pounds of lime was added to the spill area. 6/08/02 Spill occurred at 105 East Boyd Street. Approximately twenty-five(25) _!'ons of sewage backed up into a house basement, Corrective measures taken were: sewer line checked & flus'r , sewage spill cleaned up, and the home was disinfected. III. Notification A Public Notice was listed in the Hickory Daily Record advising all customers the report is available for public review at City f-falla IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the Town of Maiden sewer system and that those users have been notified of its availability. / Michael Lingerfelt �' Date Waste titer Superintendent Town of Maiden. r ri'% , T-, 1,1 cp.! . ••••1 •/,.? 101. jr (': -36.! •;Iii I 4;4 0):: '()\ i I .;?!,(;? r. . i zi I ti A;i: 111 !'•; •.;1 ,..".); f...t1,1 1 : • :It ) J%1.1. rl )p. r..at :"J • • Flo 1; I.,;114" it: ydr1,1,,tirt ) .2.1'; ;7, 2,1L;•;'...,, f•d!LAi ..1.10,e, .1;! • Q.1 ii, !ivy. *.1;11-: 7 • . :i; ) .1„.slz.ni n?i cUr' :I?. 1..r; rrd-,,{; S:fri.;1.1; i •I „ ;d7-15,) 1.:)2i:Ito,) :rf-1,..r:f .) 7,1 ; ..k./.51 ? h .:kf. • /4.'; „ :tt 1110:-,..j4 •br-";(1 1%.,1-1 d_711.1 il:;9.)1 ;I! !t .r74tj3.i 'LC) ".,bilf! hurl-1 'ail ; . , . . . ..; . 320 ; .• 1 v.-.9•'-?..•`-k 11,i ..0 0 ' PUB4Icer,lkiAt NOTIFIOAtiONidt9 -.1 14(tlie 14111180 'or the Water •''../kot• Of 1999,,.,the F-Jown..or . Maldeh has 'p:repaiddr•... Kri, hiiallilei5oh for',lieWliefeWa• ::ter!. Treatment Water. ',TreatrifOliri;r,144.:-',Alym:;11300,--,: -..EitidAanitary,-Soya?:Co!IdetiOn.',.' Sy0terllhe,.repof.'cover6'tb, :/time'-.period-.of:*:41yACQ1 • 1 ; June'2(1p2:4k•Ccipj/.. 91 ithll'••*', •••,pOtt:•ISsmori:,fileatJ.the!„following!: ,410tIone for publlo revliA,4,1•M•:i . •.7',. ..,g 0 ,.• '...1i 4)..:,i;,71!,1;.-%)./JVII t.!:':..). ,''fiv‘ti..,•..- ' 1,1- ,., ,_i i 0 t.t., TOW,11,Cif Maiden".; 6,. Wastkater,Trentfnent Right,' raVt2Q90 kFlrigjer.St.14t `T• qih..1..;',L.Malderi,•NC 28650,,,,',';,,.• - i-N1\__„-•.(q28,4284032.1;'.':;''''''',i VP;'‘..1,*;',V.,•:;'''';-'." .. ...-4 - ?,,,• •-?-Coritarct:MI6hael Overfeit,;• XWashity'fater Treatrilenfplanr • )0 •-• •' • •A ,-1.0-,... =,-b1;• .Superintendont ,,• I. ,c•r;'-i.): Town.df Mald0p.'"i' •`...'''' A':,*,(4.'. ----- bp •-• .til. ,•i;•.113 A Main'St. ,St.1 • ,, Maiden,NC 28858 ,.•.: r2c1 i :,, (828)42E45000 ' • - : .Contacti Eddie Faulkner,--' • .3_..t.Y.•!. Public'Wo rki DIFfialoii.14, PUBLISH:, Au0sT.a 23;•;•• 30, "i . 2002 ... :,-,..:....,...,.,..„•:,:,,,,:__........._e...4 •••.. . -.• MAIDEN WWTP 0To:nx KERR T. STEVEN ''AAU Fro MIKE LINGERFEL !A Dates August 23,2002 Res SYSTEM ANNUAL REPORT Enclosed is the Town of Maiden's annual report. The report covers the fiscal year(July I, 2001 —June 30, 2002)and includes information on the wastewater plant,water plant alum basin, and the collection system. If any additional information is needed,give me a call at(828)428-5032. V • TOWN OF MAIDEN WASTEWATER TREATMENT PLANT PERFORMANCE ANNUAL REPORT General Information Facility System Name: Town of Maiden Wastewater Treatment Plant Town of Maiden Water Treatment Plant • Responsible Entity: Town of Maiden Person in Charge/Contact: Michael Lingerfelt Applicable Permits: NC0039594(Wastewater Pt) NC0080837 (Water Pt.) Description of Treatment Process or Collection System Maiden Wastewater Treatment Plant The Maiden wastewater treatment plant consists of a Pure Oxygen Treatment System. The process works in two phases: preliminary treatment&secondary treatment, In preliminary treatment, screenings are removed by a bar screen and grit is taken out by a grit removal system. The water is then pumped via a pump station to the treatment unit. This starts the secondary treatment(biological)phase. In secondary treatment,the wastewater is treated by microorganisms. Our treatment unit consists of two aeration zones, final clarifier, and disinfection. In the aeration zones, the bugs (microorganisms)are mixed with the incoming wastewater and a biomass is formed. Oxygen gas is supplied to the treatment units to provide air for the biomass. The oxygen is shipped to our plant in liquid form and converted to gas through a vaporization system. The bugs use oxygen like humans. While passing through the aeration zones,the bugs consume(eat)the waste from the water. After aeration,the water passes into the secondary clarifier. The water and solids (biomass) separate during this part of the treatment phase. The solids are returned to aeration(this starts the process over again)by an airlift blower or wasted into an aerobic digester for storage until removal from the plant. The water from the clarifier moves to the disinfection stage where chlorine gas is fed into the water to reduce pathogens(disease causing bacteria)to state required levels. Once disinfected,the water is discharged into Clark's Creek. Our excess sludge is transported to the Hickory Regional Compost Facility in Hickory,NC. Town ofMaiden Collection System The Town of Maiden has approximately 26.5 miles of sanitary sewer lines and five pump stations. Only four of the pump stations are in service. The public works staff checks and maintains the sewer lines while the wastewater staff takes care of the pump stations. The pump stations are checked Monday through Friday every week. Public works maintains the collection system. The high priority sewer lines are checked on a routine basis. Preventative maintenance is done on the collection system on a regular basis. This mostly consists of flushing the lines and sending the root cutter down the lines. Each pump station has a generator for standby power in the event of outages. The generators are checked and tested every month. Maiden Water Treatment Plant Alum$asin The Maiden Water Plant has a discharge permit for an alum basin. The basin discharges water into the Town Creek. The alum basin is used for the water plants filters washes and basin cleanings. The filter washes and/or basin cleanings flow to the basin by gravity and are allowed to settle overnight. The solids settle to the bottom and clear water remains on top. The clear water is pumped to the creek and the solids are pumped to drying beds. After drying,the alum sludge is transported to the Catawba County Landfill for disposal. II. Performance SUMMARY OF SYSTEM PERFORMANCE FOR FISCAL YEAR 2001-2002 Maiden Wastewater Treatment Plant The wastewater plant operated very well for the past fiscal year. There were no reported violations for the past year. Most of the problems encountered at the plant during the past year were typical(equipment failure). The wastewater staff performed most of the repairs. One of the main objectives included in the budget was to have our plant influent pumps pulled for routine maintenance. Kemp Construction pulled the pumps and completely rebuilt them. The Town is continuing work on the plans for upgrading the wastewater plant. The collection system maintenance crew has been working to identify our Inflow/Infiltration problems. Several problem areas have been found and repairs are underway. Our fiscal year 2002—2003 budget includes funds for Capital Reserve to upgrade the plant. Violations (For the fiscal year 2001-2002) No violations reported for the fiscal year 2001—2002. Maiden Water Treatment Plant The alum basin operated very well for the past fiscal year. No major problems were encountered. The biggest area addressed at the basin during the past year was the sludge. Bio-Nomics dredged the alum basin and pressed the alum sludge. The sludge was disposed onto drying beds. After further drying,the sludge will be transported to the Catawba County Landfill. Violations (For the fiscal year 2001-2002) September 2001: Upstream and Downstream Turbidity The violation was for monitoring(Failure to monitor). No turbidity's were reported for the sample on 9/20/01. Our lab technician analyzed the turbidity's,but failed to record the data on the benchsheet. Personnel actions were taken to prevent this violation from happening in the future. Maiden Collection System There were no major operational problems with the sewer collection system for the past fiscal year. The sewer crews have a preventative maintenance program setup for maintaining the lines and right of ways. As stated earlier, the major problem the Town has is the Inflow/Infiltration on the sewer lines. The sewer crews are working to correct this problem and funds have been allocated to begin rehabbing some older lines in the Town. Spills/Overflows (For the fiscal year 2001-2002) The Town of Maiden did not have any Reportable Spills for 2001-2002. There were four(4) minor incidences that did occur, but were not reported, in accordance with the"Reportable Spill" Guidelines. Reports for each spill are maintained on file at Public Works. 2/06/02 Spill occurred at North 6th Avenue. Approximately five (5)gallons of sewage backed up into a house basement. Corrective measures taken were: sewer line checked &flushed, sewage spill cleaned up, and the home was disinfected. 2/09/02 Spill occurred at 712 East Union Street. Approximately two hundred (200) gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line flushed to clear blockage, area around manhole was cleaned, and one hundred(100)pounds of lime was added to the spill area. 6/06/02 Spill occurred at West School Street. Approximately fifty(50)gallons of sewage spilled onto the ground from a manhole. Corrective measures taken were: sewer line was flushed to clear blockage, area around manhole was cleaned, and fifty (50) pounds of lime was added to the spill area. 6/0S/02 Spill occurred at 105 East Boyd Street. Approximately twenty-five(25)gallons of sewage backed up into a house basement. Corrective measures taken were: sewer line checked &flushed, sewage spill cleaned up, and the home was disinfected. HI. Notification A Public Notice was listed in the Hickory Daily Record advising all customers the report is available for public review at City Hall. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the Town of Maiden sewer system and that those users have been notified of its availability. /CAA 10 9/0;k. Michael Lingerfelt Date Wastewater Superintendent Town of Maiden V . 320 *> M ,4, f:i; egali {i ;,,:llt.1941C Kil ,it.i ,„,1-f OTIFI TION ia'r '' Pe'the re ufremo s o S• q h st,of-liouse .•rBll1:Ileo .of'1he Clean'Water i,`'Act f 1998,;.,.tb °Town.•of ;'M Ilde ha :,preparep :An, r„nplli. f:Aeprt.(o[�ItsWastewa• '.ter..Irejtinjent,TlaiLl Water.. ',Treatment o larLrAP )4�r�;s i; and,,Sanitary,••BeweX''.Co�I@Qtlon, System;;The,•re ortcovere't;he i'tlme',Period 'of ;JuJy 2001;•. June o02;.A6.p4 `af;fhlsre 'e )tI is on'fllaat,.,the:follewing ;' o tIonsfor.pubIIoeylew tiq'i.6 n ;,..'Town,of Malden.',.`•','j'''! i :'W,astewater,Treatrlant plant,` ?:yW2Q90 W;'Flri er St,`Ext,a.F•' ' .fte.)�' Malden,•NC 28650,,;``` . • :i,:; .(828)42@¢Q22 4:.,ri?,c' . z;\1.y' r:',i s ;' ', �: Ac•••r�. • Contact,Ml�chael LIh erfelt,•` { Waatiwater Treatment plant '3, :,4 1 ''Superinterident,"• ''' ,; ;6.-1;Town.of Mal90 t s:.�. ,,3 r; ' , City`Hal ` . ,;,, i:.113 W.Main St;.''.` .,fglalden,,NC Z886t3.., . .• '-:''',, .. ' (a28)428.5000' '' '` "='•'!Cntact: ddle Faulkner,.-. ',' ' Public'Works Dl`rector' ik• .}Pt1BL1SH: Au Usti 23;'� 30, 2002, ;;. TOWN OF MAIDEN NORTH CAROLINA i BOX 0428) 42.,` 1.)00 F ( ,:!Al-Q's i(117 • Tnn MAY f4CYS 7AS 29(12 naa/ // AN April 30, 2002 John Lesley 919 North Main Street Moorseville, NC 28115 RE: WATER PLANT FILTER WASH BASIN Dear Mr. Lesley. This letter is a follow-up to our phone conservation on 4/25/2002 concerning the discharge water from the alum basin at our water treatment plant, The Town is currently having the basin dredged to remove alum sludge. The filter wash water isn't settling like it normally does due to the sludge on the bottom of the basin being stirred up, The settled water has a turbidity around 70 NTU and our limit on downstream is 50 NTU. The total suspended solids were 28 mg/L, ph of 6.2, and a temperature of 20,2 °C, The Town is currently pumping the settled water into the sewer system, but the flow is limited to less than twenty thousand (20,000) gallons per day, The WWTP isn't having any problems with the small amounts currently being pumped. Per our conservation, the Town would like to pump more than this but were concerned a permit would have to be issued. The project should end within the next ten days (excluding weekends), After explaining the project, you felt like this wouldn't be a problem and suggested I speak with Dana Folley, Raleigh office, and send a letter explaining the project. Also, 1 spoke with Dana Folley and discussed the situation, She stated what we were doing was fine since we controlled the basin and its only temporary, If you have any questions concerning this matter or additional information is needed, give me a call at (828) 428-5032 Best regards, LQ Michael Lingerfelt WWTP Superintendent Cc: Dana Folley, NCDENR Plant Files