WQ0003924_NOV-2021-PC-0586_20220202

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2323 0072
Return Receipt Requested
Mr. Ronald Buck - President
Linco Partnership
288 Whitehouse Drive
Lincolnton, NC 28093
Certified Mail # 7018 3090 0001 2323 0065
Return Receipt Requested
Mr. Ronald Buck - President
Linco Partnership
5200 Old Harding Road
Nashville, TN 37064
Dear Mr. Buck:
NORTH CAROLINA
Environmental Quality
February 3, 2022
Subject:
NOTICE OF CONTINUING VIOLATION &
NOTICE OF INTENT TO ENFORCE
NOV-2021-PC-0586
Linco Partnership
Permit No. WQ0003924
Wastewater Irrigation System
Lincoln County
Staff of the North Carolina Division of Water Resources conducted an inspection of the Linco Partnership-
Lincolnton WWTF on November 9, 2021. This inspection was conducted to verify that the facility is
operating in compliance with the conditions and limitations specified in the subject Non -discharge permit.
This letter is being issued as a Notice of Continuing Violation & Notice of Intent to Enforce for the following
violations of the subject permit:
VIOLATION #1:
Failure to designate an Operator in Responsible Charge (ORC)
Your subject permit in Condition III OPERATION AND MAINTENANCE REQUIREMENTS, Item 2. states,
"Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more
certified operator(s) as Back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance
with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously sited
rules. [15A NCAC 02T .01171"
NO 1:1E
RTH CAPOUNA
n.n.m.enn of Environ.wnn.I mwitv
North Carolina Department of Environmental Quality 1 Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

In addition, Title 15A NCAC 08G .0201 RESPONSIBILITY OF SYSTEM OWNERS TO DESIGNATE CERTIFIED
OPERATORS states, "Owners of classified water pollution control systems shall designate operators
certified by the Commission of the same type and grade as the classification for the system and for
each classification shall:
(1) designate one ORC who possesses a valid certificate of the type and grade at least equivalent to
the type and grade of the system;
(2) designate one or more Back-up ORC(s) who possesses a valid certificate of the type of the system
and no more than one grade less than the grade of the system, with the exception of no Back-up ORC
is required for systems whose minimum visitation requirements are twice per year; and
(3) submit a signed completed Operator Designation Form to the Commission (or to the local health
department for owners of subsurface systems) countersigned by the designated certified operators,
designating the ORC and the Back-up ORC:
(a) 60 days prior to wastewater or residuals being introduced into a new system;
(b) within 120 days following: (i) notification of a change in the classification of the system
requiring the designation of a new ORC and Back-up ORC of the proper type and grade; or (ii) a
vacancy in the position of ORC or Back-up ORC; or
(c) within seven days of vacancies in both ORC and Back-up ORC positions replacing or designating
one of the responsibilities. the Operator Designation Form may be found on the Commission
website at: https://deq.nc.gov/about/divisions/water-resources/operator-
certification/wastewater-operatorcertification/wastewater-o perator-certification-downloads
and shall include:
(i) the owner's name, contact information, and signature;
(ii) the system name, location, permit number, type, and classification;
(iii) the ORC name, contact information, the type and grade of the certification, and
signature; and
(iv) the Back-up ORC name(s), contact information, the type(s) and grade(s) of the
certification(s), and the signature(s)."
Observation: Division records indicate that neither an ORC nor a Back-up ORC has been properly
designated for the subject facility.
Required Corrective Actions:
• Designate a properly certified ORC and backup ORC for the facility on the appropriate ORC
designation form (attached, also available at: https://deq.nc.gov/about/divisions/water-
resources/operator-certification/wastewater-operator/downloads-ww#operator-designation--
resignation-forms).
VIOLATION #2:
Your subject permit in Condition III OPERATION AND MAINTENANCE, Item 1 states,
"The facility shall be properly maintained and operated at all times. The facility shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this facility. The Permittee shall maintain an Operation and
Maintenance Plan, which at minimum shall include operational functions, maintenance schedules,
safety measures and spill response plan. [15A NCAC 02T .0507]"
NORTH CAROLINAD E
nep.lnent of EmllenTenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

In addition, Condition III, Item 11 states, "Diversion or bypassing of untreated or partially treated
wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0505(j)]"
Observation 1: The treatment lagoon liner was observed to be severely damaged with wastewater
levels above the damage on the west end of the lagoon rendering it incapable of operation as a non -
discharge system.
Observation 2: The sludge pits were observed to be overflowing. Overflowing wastewater from the
sludge pits and rinse pit was observed on the floor of the building during the November 9, 2021, site
visit.
Required Corrective Actions:
• Repair or replace the lagoon liner and have the repair or replacement liner certified by a NC
Professional Engineer.
• Prevent the sludge pits from overflowing. Pump the pits and properly dispose of the
wastewater. Take steps to prevent stormwater from entering the wastewater treatment
system.
• Provide a copy of the Operation and Maintenance Plan to the Mooresville Regional Office.
VIOLATION #3: Failure to conduct monitoring as required
Your subject permit in Condition IV. MONITORING AND REPORTING REQUIREMENTS, Item 3 states,
"Flow through the treatment facility shall be continuously monitored, and daily flow values shall
be reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the
accuracy and reliability of flow measurement consistent with accepted engineering and scientific
practices. Selected flow measurement devices shall be capable of measuring flows with a
maximum deviation of less than ten percent from the true flow; accurately calibrated at a
minimum of once per year; and maintained to ensure the accuracy of measurements is consistent
with the selected device's accepted capability. The Permittee shall maintain records of flow
measurements device calibration on file for a period of at least five years. At a minimum,
documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow. [15A NCAC 02T .0105(k)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS, Item 4 states, "The
Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A. [15A NCAC 02T .0108 (c)]."
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS, Item 5 states, "The
Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a
minimum, these records shall include the following information for each irrigation site listed in
Attachment 8:
a. Date of irrigation;
D_E
NcaT;caaouNn
Department M Environmental Wally
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

b. Volume of effluent irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Loading rates to each infiltration site listed in Attachment B;
g. Continuous monthly and year-to-date loadings for any non -hydraulic parameter
specifically limited in Attachment 8;
h. Weather conditions; and
i. Maintenance of cover crops. [I5A NCAC 02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS, Item 6 states,
"Freeboard (i.e., waste level to the lowest embankment elevation) in the 2,000,000-gallon storage
lagoon and 300,000-gallon storage tank shall be measured to the nearest inch or tenth of a foot,
and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of
no less than five years, and shall be made available to the Division upon request. [ISA NCAC
02T .0108(c)]"
In addition, Condition IV. MONITORING AND REPORTING REQUIREMENTS, Item 7 states, "Three
copies of monitoring data (as specified in Conditions IV.3. and IV.4) on Form NDMR for each PPI
and three copies of all operation and disposal records (as specified in Conditions IV.5 and IV.6) on
Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the
following month. If no activities occurred during the monitoring month, monitoring reports are
still required documenting the absence of activity. All information shall be submitted to the
following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .0105(1)]"
Observation: The Division has no record of submittal of NDMR and NDAR-1 monitoring reports for May
2020 and through the entire year of 2021.
Required Corrective Actions:
• Submit required monitoring reports per the permit schedule.
You are required to take any necessary actions to abate the above noted violations on or before
April 15, 2022.
Failure to comply with permit conditions may result in a recommendation of enforcement action to the
Director of the Division of Water Resources, who may issue a civil penalty assessment of not more that
twenty-five thousand ($25,000) dollars against any "person" who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit under authority of G.S. 143-215.6A. The Mooresville
Regional Office is considering forwarding a recommendation of enforcement action to the Director of the
Naam+caaouNn
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North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Division of Water Resources, including the potential assessment of civil penalties for the above -mentioned
violations. You are requested to provide a written response to this Notice within thirty (30) calendar
days of receipt detailing the measures taken, or those that will be taken, to immediately abate the
violations. Your response will be forwarded to the Director for their review and consideration.
If you have any questions concerning this matter, please contact Edward Watson at [phone] or by
email at [e-mail] or me at [phone] or by email at [e-mail] .
Sincerely,
DocuSigned by:
44.0141w H Pzue4
"- F161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
Attachment: ORC Designation Form
CC: WQROS Mooresville Regional Office - Enforcement File/Laserfiche
DWR Compliance/ Enforcement Unit — Enforcement File/Laserfiche
Brent Burch & Sean Morris, DWM-Hazardous Waste Section (via email)
Erick Saunders, Non -Discharge Permitting-NCDEQ (via email)
USEPA Region IV Office, Atlanta, GA
Bob Griffin, P.E., Shield Engineering, Inc. (via email)
Thomas Witner, P.G., Shield Engineering, Inc. (via email)
William T. Gorton, III, Stites and Harbison, PLLC (via email)
NORTH CAROLINAD E
nep,lnent of Emlmnmenial Quell\
North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699