WQCSD0287_NOVNOI2022PC0573 & CEI Report_20220928

Certified Mail # 7021 2720 0000 1259 3791
Return Receipt Requested

September 28, 2022

Don Price
Cliffside Sanitary District
PO Box 122
Cliffside, NC 28024

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2022-PC-0573
Permit No. WQCSD0287
Cliffside Sanitary District WWTP
Rutherford County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Cliffside Sanitary District WWTP
on September 22, 2022. This inspection was conducted to verify that the facility is operating in compliance with
the conditions and limitations specified in Collection System Permit No. WQCSD0287. A summary of the findings
and comments noted during the inspection are provided in the enclosed copy of the inspection report.

The Collection System Non-sampling inspection was conducted by Division of Water Resources staff from the
Asheville Regional Office. The following violations were noted during the inspection:

Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
General The status of the entire collection system is unknown because all sewer lines have not
been located. Sewer line maintenance records are not being maintained.
15A NCAC 02T.0403 (a)(1) The collection system shall be effectively maintained
and operated at all times to prevent discharge to land or surface waters and to
prevent any contravention of groundwater standards or surface water standards. _________________________________________________________________________________________________________________________________________________________________________
Grease Control A Sewer Use Ordinance with an enforceable Grease Trap Program has not been developed.
15A NCAC 02T.0403 (a)(8)(A) For publicly owned collection systems, the Grease
Control Program shall include bi-annual distribution of educational materials for
both commercial and residential users and the legal means to require grease
interceptors for new construction and retrofit and if necessary, of grease
interceptors at existing establishments. The plan shall also include legal means for
inspections of the grease interceptors, enforcement for violators and the legal
means to control grease entering the system from other public and private satellite
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D

collection systems. _________________________________________________________________________________________________________________________________________________________________________
Inspections High priority line inspections and the annual general observation have not been
documented. 15A NCAC 02T.0403 (a)(5) High-priority sewers shall be inspected by
the permittee or its representative once every six-months, and inspections shall be
documented. 15A NCAC 02T.0403 (a)(6) A general observation by the permittee or
its representative of the entire collection system shall be conducted once per year. _________________________________________________________________________________________________________________________________________________________________________

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility’s Collection System Permit. 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.

If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss
overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of
your response will be considered along with any additional information provided. You will then be notified of any
civil penalties that may be assessed regarding the violations. If no response is received in this Office
within the 10-day period, a civil penalty assessment may be prepared.

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. 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 should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4667.

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Inspection Report

Ec: Don Price (WWTP ORC)
David Erwin (Financial Officer – LGC)

DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Compliance Inspection Report
Permit:WQCSD0287 Effective:11/08/07 Expiration:Owner :Cliffside Sanitary District
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Rutherford
Asheville
Lynne Starr-Vasquez
Effective:Expiration:Facility:Cliffside Sanitary District WWTP
136 Hawkins Loop Rd
Mooresboro NC 28114
Title:Phone:[phone]
Secondary ORC(s):
Phone:Certification:Primary ORC:
System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
09/22/2022 10:00AM 12:30PM
Lauren E Armeni 828-296-4500
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Deemed permitted collection system management and operation
Collection System Inspect Non Sampling
Question Areas:
Miscellaneous Questions General Grease Control
Spills/Response Plan Inspections Lines
Manholes Pump Stations
(See attachment summary)
Page 1 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
Inspection Summary:
Lauren Armeni, with the Asheville Regional Office (ARO), conducted a Compliance Evaluation Inspection of Cliffside Sanitary
District's deemed-permitted collection system on September 22, 2022. The inspection was conducted to determine whether
the system is being operated and maintained in compliance with deemed-permitted Collection System Permit no.
WQCSD0287. Ms. Armeni was accompanied by Mr. Don Price (WWTP ORC) and Mr. David Erwin (Finance Officer for
Cliffside on behalf of the North Carolina Local Government Commission (LGC)).
Cliffside Sanitary District (CSD) serves 88 customers with wastewater treatment. CSD is classified as a "deemed" collection
system due to average daily flows less than 200,000 GPD. The LGC assumed control of the utility in 2019 and were required
to have an Asset Inventory and Assessment (AIA) done of the collection system. This assessment was conducted in June
2021 by Tetra Tech. The Cliffside WWTP experiences major increases in flow due to excessive I&I throughout the collection
system. Not all manholes and lines within the collection system are accounted for, so the status of the entire collection
system is unknown. CSD was awarded $2.86 million ARPA funding from the State Fiscal Recovery Fund in August 2022. This
money will help with reducing/eliminating I&I and fixing other issues throughout the collection system as identified in the Tetra
Tech AIA report, as well as issues mentioned throughout this report.
General: The overall sewer system map is incomplete. Tetra Tech developed a GIS map during the Asset Inventory and
Assessment they conducted; however, due to accessibility and safety issues, they were unable to map the entire system.
Pump station maintenance records are being maintained, but sewer line maintenance records are not.
Grease Control: A Sewer Use Ordinance with an enforceable Grease Trap Program has not been developed. Currently, there
are no restaurants, and it is unknown whether or not Cliffside Elementary School and Thomas Jefferson Classical Academy
prepare food at the school and/or have grease traps.
Inspections: Sewer line maintenance records are not being maintained. Not all parts of the system have been located,
however Mr. Price indicated that he annually observes the parts of the system that are known, but this annual observation is
not documented. The known high priority lines (HPLs) are inspected every six months, but these inspections have not been
documented.
Lines/Right-of-Ways/Aerial Lines: All HPLs have not been located throughout the collection system since the status of the
entire collection system is unknown.
Manholes: The manhole near United Fuels has a new cover, but the old one is still sitting inside the manhole after a mower
damaged it. The AIA reported that "A considerable number of manholes have structural defects and improper manhole
covers that allow water to freely enter the system during wet weather conditions". Tetra Tech identified 155 manholes during
the AIA. Mr. Price indicated that there are at least 55 manholes throughout the system that need to be repaired. CSD and the
LGC is waiting on ARPA funding to start these repairs.
Lift Stations: Both lift stations now have cellular radios that act as one-way telemetry. An alarm report is sent to Mr. Price
once a week, and he can go online at any time to check the status of the lift stations. There are two private lift stations at the
Thomas Jefferson Classical Academy. Mr. Price indicated that he would make sure they are being maintained properly.
The Bridge Lift Station has an on-site generator that automatically exercises every Monday. The pumps can run at the same
time and the generator transfer switch is now operable. The generator uses a 200-gallon diesel fuel tank and is refilled by
Lutz Petroleum as needed. At the time of the inspection, the tank was 2/3 full.
The Haynes Lift Station has an on-site generator, but it is currently not operating due to an obsolete ignition solenoid, and
CSD is having a hard time locating a new one to purchase. CSD does not have a backup generator. All flow into this lift
station first enters a settling pond that acts as an EQ basin.
Page 2 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
The following violations were noted during the inspection:
1. General: The status of the entire collection system is unknown because all sewer lines have not been located. Sewer line
maintenance records are not being maintained.
2. Grease Control: A Sewer Use Ordinance with an enforceable Grease Trap Program has not been developed.
3. Inspections: High priority line inspections and the annual general observation have not been documented.
Page 3 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
General Yes No NA NE
# Is this system a satellite system?
# If Yes, what is system name or permit number?
Is there a overall sewer system map?
Does the map include:
Pipe sizes
Pipe materials (PVC, DIP, etc)
Pipe location
# Flow direction
# Approximate pipe age
# Pump station ID, location and capacity
# Force main air release valve location & type
# Location of satellite connections
Are system maintenance records maintained?
Tetra Tech developed a map of the system; however, not all lines were able to be accessed
and therefore the map is not complete. See summary for details.
Comment:
Grease Control Yes No NA NE
Is grease/sewer education program documented with req'd customer distribution?
# Are other types of education tools used like websites, booths, special meetings, etc?
If Yes, what are they? (This can reduce mailing to annual.)
The grease/sewer education information is on their website. The Broad River Authority sends out the sewer
bills and collects payments. Each bill indicates that grease/sewer education is available on CSD's website.
For public systems, is there a Grease Control Program via an ordinance/agreement?
If Yes, does it require grease control devices at applicable locations?
Is the Grease Control Program enforced via periodic inspections/records review?
Is action taken against violators?
At the time of the inspection, a Sewer Use Ordinance with an enforceable Grease Control
Program was not available. There are no restaurants within Cliffside and Mr. Price did not know
if the schools cooked or had grease traps. See summary for details.
Comment:
Spills and Response Action Plan Yes No NA NE
# Is system free of known points of bypass?
# Have there been any sewer spills in the past 3 years?
If Yes, were they reported to the Division if meeting the reportable criteria?
If applicable, is there documentation of press releases and public notices issued?
Are all spills or sewer related issues/complaints documented?
# Are there repeated overflows/problems (2 or more in 12 months) at same location?
Page 4 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
# If Yes, is there a corrective action plan?
Is a Spill Response Action Plan available?
Is a Spill Response Action Plan available for all personnel?
Does the plan include:
# 24-hour contact numbers
# Response time
# Equipment list and spare parts inventory
# Access to cleaning equipment
# Access to construction crews, contractors, and/or engineers
# Source of emergency funds
# Site sanitation and cleanup materials
# Post-overflow/spill assessment
Since the entire system was not able to be assessed by Tetra Tech, it is unknown if SSOs have
occured throughout those portions of the system. Mr. Price stated that he was not aware of any
SSOs in the visible portions of the system. Observing and identifying an ongoing spill would be
difficult in several locations due to vegetation.
Comment:
Inspections Yes No NA NE
Are adequate maintenance records maintained?
Are pump stations being inspected at the required frequency?
Is at least one complete functionality test conducted weekly per pump station?
Is there a system or plan in place to observe the entire system annually?
Is the annual inspection documented?
# Does the system have any high-priority lines/locations?
Are inspections of HPL documented at least every 6 months?
Are new lines being added to the HPL list when found or created?
Sewer line maintenance records are not being maintained. All of the sewer lines within the
collection system have not been located, therefore the entire system cannot be observed
annually. Not all high priority lines have been located within the system. See summary for
details.
Comment:
Lines/Right-of-Ways/Aerial Lines Yes No NA NE
Please list the Lines/Right of Ways/Aerial Lines Inspected:
1. Aerial line next to the Bridge LS
Are right-of-ways and easements maintained for the full width for access?
If No, give details on temporary access:
Is maintenance documented?
Were all areas/lines inspected free of issues?
HPL maintenance is not documented.
See summary for details.
Comment:
Page 5 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
Manholes Yes No NA NE
Please list the Manholes Inspected:
1. Boiling Springs Road at the intersection of Academy Street
2. Near United Fuels off 221A
Are manholes accessible?
# Are manhole covers/vents above grade?
Are manholes free of visible signs of overflow?
Are manholes free of sinkholes and depressions?
Are manhole covers present?
# Are manholes properly seated?
# Are manholes in good condition?
# Are inverts in good condition?
Is flow unrestricted in manholes?
Are manholes free of excessive amounts of grease?
Are manholes free of excessive roots?
Are manholes free of excessive sand?
Are manhole vents screened?
Are vents free of submergence?
Are manholes free of bypass structures or pipes?
The manhole cover near United Fuels was recently ripped off during mowing and is currently
laying on top of the invert. A new cover was placed on top, but the old one still needs to be
removed out of the manhole. See summary for details.
Comment:
Pump Stations Yes No NA NE
Please list the Pump Stations Inspected:
1. Bridge
2. Haynes
# Number of duplex or larger pump stations in system 2
# Number of vacuum stations in system 0
# Number of simplex pump stations in system 0
# Number of simplex pump stations in system serving more than one building 0
How many pump/vacuum stations have:
# A two-way "auto polling" communication system (SCADA) installed?0
# A simple one-way telemetry/communication system (auto-dialer) installed?2
For pump stations inspected:
Are they secure with restricted access?
Were they free of by-pass structures/pipes?
Were wet wells free of excessive grease/debris?
# Do they all have telemetry installed?
Page 6 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQCSD0287
09/22/2022 Collection System Inspect Non Sampling
Cliffside Sanitary District
Routine
Is the telemetry system functional?
Is a 24-hour notification sign posted ?
Does the sign include:
Owner Name?
Pump station identifier?
# Address?
Instructions for notification?
24-hour emergency contact numbers?
Are audio and visual alarms present?
Are audio and visual alarms operable?
# Is there a backup generator or bypass pump connected?
If tested during inspection, did it function properly?
Is the back-up system tested at least bi-annually under normal operating conditions?
# Does it have a dedicated connection for a portable generator?
# Is the owner relying on portable units in the event of a power outage?
# If Yes, is there a distribution plan?
If Yes, what resources (Units/Staff/Vehicles/etc) are included in Plan?
# Does Permittee have the approved percentage of replacement simplex pumps?
Is recordkeeping of pump station inspection and maintenance program adequate?
Do pump station logs include at a minimum:
Inside and outside cleaning and debris removal?
Inspecting and exercising all valves?
Inspecting and lubricating pumps and other equipment?
Inspecting alarms, telemetry and auxiliary equipment?
The pumps at the Bridge Lift Station do not consistently automatically alternate, but they can
be manually alternated. Mr. Price indicated that they are in the process of getting spare
pumps. Both lift stations need new controllers. See summary for details.
Comment:
Page 7 of 7
DocuSign Envelope ID: A18E2364-85E9-4F11-9D30-43DCC9059D5D