NC0086495_Public Notice_20060818

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Blythe, Vice Chief
Eastern Band of Cherokee Indians
Post Office Box 536
Cherokee, North Carolina 28719
RE: Public Notice of NPDES No. NCO086495
Cherokee Water Treatment Plant
Dear Vice Chief Blythe:
In accordance with Title 40, Code of Federal Regulations (CFR) Section 124.10(c)(1)(i),
enclosed is the Public Notice which the Environmental Protection Agency (EPA) has distributed
pertaining to the EPA's tentative decision on your National Pollutant Discharge Elimination
System (NPDES) permit application. All comments and objections to the draft permit must be
submitted to EPA within the time period specified in the Public Notice. Only issues raised
during this time period will be considered during any appeal procedures. Per 40 CFR § 124.76,
at the time of final permit decision, only issues raised during the public comment period by any
party may be used to support an evidentiary hearing request.
The draft permit and supporting materials were previously sent to you by letter dated July
3, 2006. The draft permit referred to in the Public Notice has been changed since the previous
draft permit. The enclosed revised draft permit (and/or supporting materials) contains the
following change(s): 1) interim monitoring requirements, final effluent limitations and a
compliance schedule for total residual chlorine have been added to the proposed permit 2) the
statement of basis has been changed to clarify the basis for the residual chlorine conditions.
Intemet Address (URL) • http://www.epa.gov
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2
If you have any questions concerning this matter, please contact me at the above address
or by calling [phone].
Sincerely,
&A
dIIIII
Floyd Wellborn
Environmental Protection Specialist
NPDES and Biosolids Permits Section
Permits, Grants and Technical Assistance Branch
Water Management Division
Enclosures (3)
1. Public Notice
2. Revised Draft Permit
3. Supporting Materials (where applicable)
cc: NC DEHNR

4
Permit No. NCO086495
Minor - Non Process Wastewater
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et
seq.; the "Act"), the
The Eastern Band of Cherokee Indians
P.O. Box 302
Cherokee, North Carolina 28719
is authorized to discharge from a facility located at
Cherokee Water Treatment Plant
US 441 North
Cherokee, Swain County, North Carolina
to receiving waters named
Outfall 001: Un-named Tributary to Oconaluftee River
in accordance with effluent limitations, monitoring requirements and other conditions set forth
herein. The permit consists of this cover sheet, Part I 3 pages, Part II 17 pages, and Part III 1
page.
This permit shall become effective on
This permit and the authorization to discharge shall expire at midnight,
i
Date Issued James D. Giattina, Director
Water Management Division

Draft
Part I-1
Permit No. NCO086495
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
I.a. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is
authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
MONTHLY
AVG
DAILY MAXD"
SAMPLING
POINT s '
MEASUREMENT
FRE UENCY
SAMPLE TYPE
Flow, MGD
Report
Report
Effluent
1/ uarter
Instantaneous
Total Suspended Solids
(TSS), mg/1
30.0
45.0
Effluent
1/quarter
Grab
H standard units S
6.0 -9.0
Effluent
1/ uarter
Instantaneous Grab

1--)raft
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM
Part I-2
Permit No. NCO086495
Lb. During the period beginning on the effective date and lasting until 24 months after the effective date of this permit, the permittee
is authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
MONTHLY
AVG
DAILY MAXIMUM
SAMPLING
POINT(s)
MEASUREMENT
FREQUENCY
SAMPLE TYPE
Total Recoverable Aluminum, mg/1
-----
1.5
Effluent
1/ uarter
Grab
Total Residual Chlorine m
-----
Report
Effluent
1/ uarter
Grab
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
l.c. During the period beginning 24 months after the effective date of this permit and lasting through the expiration date of this
permit, the permittee is authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING RE UIREMENTS
MONTHLY
AVG
DAILY MAXIMUM
SAMPLING
POINT s `
MEASUREMENT
FREQUENCY
SAMPLE TYPE
Total Recoverable Aluminum, m
-----
0.75
Effluent
1/ uarter
Grab
Total Residual Chlorine m
-----
0.011
Effluent
1/ uarter
Grab

FA
After consideration of all written comments and the requirements and policies in the Act
and appropriate regulations, the EPA Regional Administrator will make a determination
regarding the permit issuance. If the determination is substantially unchanged from that
announced by this notice, the EPA Regional Administrator will so notify all persons submitting
written comments. If the determination is substantially changed, the EPA Regional
Administrator will issue a public notice indicating the revised determination. Evidentiary
hearing request(s) may be filed after the Regional Administrator makes the above -described
determination. No issues shall be raised by any party that were not submitted to the
administrative record as part of the preparation of and comment on the draft permit, unless good
cause is shown for the failure to submit them in accordance with 40 CFR § 124.76. Additional
information regarding an evidentiary hearing is available in 40 CFR Part 124, Subpart E, or by
contacting Kevin Smith of the Environmental Accountability Division at the address above or at
[phone].
The administrative record, including fact sheet, draft permit, comments received, and
additional information on hearing procedures is available at cost by writing the EPA address
above, or for review and copying at 61 Forsyth Street, S.W., 15th floor, Atlanta, Georgia,
between the hours of 8:15 a.m. and 4:30 p.m., Monday through Friday. Copies will be provided
at a minimal cost per page.
Please bring the foregoing to the attention of persons whom you know will be interested
in this matter. If you would like to be added to our public notice mailing list, submit your name
and mailing address to the Office of Public Affairs at EPA's address given above.

J��ZED ST4)F
A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
�� YW REGION 4
ATLANTA FEDERAL CENTER
Z�F ,02 61 FORSYTH STREET
4, ,.,tPROZ,GS ATLANTA, GEORGIA Anon,4-oo-%
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JUL 0 3 2M6 `� �5� j tiI VJLl� jai 'i
CERTIFIED MAIL
RETURN RECEIPT REQUESTED l,(I R-G
�tT lF I ZN I
Mr. Larry Blythe, Vice Chief
Eastern Band of Cherokee Indians
Post Office Box 536
Cherokee, North Carolina 28719
RE: Intent to Reissue
Cherokee Water Treatment Facility
NPDES Number NCO086495
Dear Mr. Blythe:
The Envirer-
Pollutant Dis
Water Act to :<
The enci
final NPDES per
compliance, moni
Comments r
comments, please do
incorporated into the t
the permitting process,
permit. At the time of p
will have an additional of
Grp A r t
W-rp
DENR - WATER QUALITY
POINT SOURCE BRANCH
-)n 4, intends to reissue a National
accordance with the Federal Clean
s to be incorporated as part of the
effluent limitations, schedule of
-111
ever, if you wish to submit
ring this time period may be
te, EPA will proceed with
.,r publicly noticing the draft
Will be sent to you. At that time you
on or object to any aspects of the draft permit.
�D
Intemet Address (URL) • http://www.epa.gov
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If you have any questions concerning the enclosed conditions or the procedures associated
with the permit program, please contact me at the above address or by calling [phone].
Sincer ly,
U
Floyd Wellborn
Environmental Protection Specialist
NPDES and Biosolids Permits Section
Permits, Grants and Technical Assistance Branch
Water Management Division
Enclosures (2)
1. Draft NPDES Permit
2. Statement of Basis
cc: Sheila Hyatt, Supervisor, Cherokee Water Treatment Facility
Carmen McIntyre, Tribal Environmental Office
NC DEHNR

Permit No. NCO086495
Minor - Non Process Wastewater
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV
AUTHORIZATION TO DISCHARGE UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et
seq.; the "Act"), the
The Eastern Band of Cherokee Indians
P.O. Box 302
Cherokee, North Carolina 28719
is authorized to discharge from a facility located at
Cherokee Water Treatment Plant
US 441 North
Cherokee, Swain County, North Carolina
to receiving waters named
Outfall 001: Un-named Tributary to Oconaluftee River
in accordance with effluent limitations, monitoring requirements and other conditions set forth
herein. The permit consists of this cover sheet, Part I 3 pages, Part Il 17 pages, and Part lII 1
page.
This permit shall become effective on
This permit and the authorization to discharge shall expire at midnight,
DRAFT
Date Issued James D. Giattina, Director
Water Management Division

Part I-1
Permit No. NCO086495
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
La. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is
authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
MONTHLY
AVG
DAILY MAXIMUM
SAMPLING
POINT s '
MEASUREMENT
FREQUENCY
SAMPLE TYPE
Flow, MGD
Report
Report
Effluent
1/ uarter
Instantaneous
Total Suspended Solids
(TSS), m l
30.0
45.0
Effluent
1/quarter
Grab
H standard units SU
6.0 -9.0
Effluent
1/ uarter
Instantaneous Grab

Part I-2
Permit No. NCO086495
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM
Lb. During the period beginning on the effective date and lasting until 24 months after the effective date of this permit, the permittee
is authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
MONTHLY
AVG
DAILY MAXIMUM
I
SAMPLING
POINT(s)'
MEASUREMENT
FREQUENCY
SAMPLE TYPE
Total Recoverable Aluminum m
-----
1 1.5
Effluent
1/ uarter I
Grab
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
I.c. During the period beginning 24 months after the effective date of this permit and lasting through the expiration date of this
permit, the permittee is authorized to discharge from outfall Serial Number 001, filter backwash water.
Such discharges shall be limited and monitored by the permittee as specified below:
PARAMETERS
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
MONTHLY
AVG
DAILY MAXIMUM
SAMPLING
POINT(s)'
MEASUREMENT
FREQUENCY
SAMPLE TYPE
Total Recoverable Aluminum m
-----
0.75
Effluent
1/ uarter
Grab
2. Samples taken in compliance with the monitoring requirements specified in this permit shall be taken at the nearest accessible point
after final treatment but prior to the actual discharge or mixing with the receiving waters (unless otherwise specified).

Drafi
Part I-3
Permit No. NCO086495
3. Any bypass of the treatment facility, which is not included in the effluent monitored above, is
to be monitored for flow and all other parameters. For parameters other than flow, at least one
grab sample per day shall be monitored. Daily flow shall be monitored or estimated, as
appropriate, to obtain reportable data. All monitoring results shall be reported on a Discharge
Monitoring Report (DMR) form (EPA No. 3320-1).
4. There shall be no discharge of floating solids or visible foam in other than trace amounts.
5. The effluent shall not cause a visible sheen on the receiving water.
6. If the results for a given sample analysis are such that any parameter is not detected at or
above the minimum level for the test method used, a value of zero will be used for that sample
in calculating an arithmetic mean value for the parameter. If the resulting calculated arithmetic
mean value for that reporting period is zero, the permittee shall report "NODI=B" on the
DMR. For each quantitative sample value that is not detectable, the test method used and the
minimum level for that method for that parameter shall be attached to and submitted with the
DMR. The permittee shall then be considered in compliance with the appropriate effluent
limitation and/or reporting requirement.
C. SCHEDULE OF COMPLIANCE
The permittee shall achieve compliance with the effluent limitations specified for discharges
in accordance with the following schedule:
Total Residual Aluminum:
First Report of Progress by [insert date six months after the effective date]
Second Report of Progress by [insert date 12 months after the effective date]
Third Report of Progress by [insert date 18 months after the effective date]
Operational Level Attained by [insert date 24 months after the effective date]
The permittee shall achieve compliance with the effluent limitations specified for all other
parameters for discharges in accordance with the following schedule:
Operational Level Attained ........ Effective Date of Permit
2. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next scheduled requirement.

Draf t
PART III
Other Requirements
A. Reporting of MonitoringResults
esults
Page III-1
Permit No. NC0086495
Monitoring results obtained for each calendar quarter shall be summarized for that quarter and
reported on a Discharge Monitoring Report Form (EPA No. 3320-1), postmarked no later than
the 28th day of the month following the completed calendar quarter. (For example, data for
January - March shall be submitted by April 28.) Signed copies of these, and all other reports
required by Section D of Part II, Reporting Requirements, shall be submitted to the Permit
Issuing Authority at the following address:
Environmental Protection Agency
Region 4
Clean Water Act Enforcement Section
Water Programs Enforcement Branch
Water Management Division
61 Forsyth St., SW
Atlanta, GA 30303
If no discharge occurs during the reporting period, sampling requirements of this permit do not
apply. The statement "No Discharge" shall be written on the DMR form. If, during the term of
this permit, the facility ceases discharge to surface waters, the Permit Issuing Authority and the
State shall be notified immediately upon cessation of discharge. This notification shall be in
writing.
B. Reopener Clause
This permit shall be modified, or alternatively, revoked and reissued, to comply with any
applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) & (D),
304(b)(2) and 307(a)(2) of the Clean Water Act, as amended, if the effluent standard or limitation
so issued or approved:
a. Contains different conditions or is otherwise more stringent than any condition in the
permit; or
b. Controls any pollutant not addressed in the permit.
The permit as modified or reissued under this paragraph shall contain any other requirements of
the Act then applicable.

J4,t -0 S%�
A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
<� ,�, yW REGION a
a IV ATLANTA FEDERAL CENTER
Z;�yj74 PR000 ATLANTA, GEORGIA 0303-8960
FACII.M NAME:
LOCATION:
NPDES NO.:
RECEIVING WATER:
CLASSIFICATION/
USE DESIGNATION:
PERMIT WRITER:
Facility Description:
STATEMENT OF BASIS
Cherokee Water Treatment Plant
U.S. 441 North
Cherokee, North Carolina
NCO086495
Outfall 001: Un-named Tributary to Oconaluftee River
Class C Waters - suitable for aquatic life propagation and survival,
wildlife, secondary recreation, fishingand agriculture
Floyd Wellborn
This facility has one discharge of filter backwash from the production of potable water, SIC Code
4941, to an unnamed tributary to the Oconaluftee River, Class C Waters.
The effluent limitations and monitoring requirements are based on the Best Professional
Judgement (BPJ) of the permit writer and are consistent with similar facilities in North Carolina.
The monitoring requirements for flow are consistent with Section 308(a) of the Clean Water Act
(CWA, 1987 as amended). The effluent limitations for Total Suspended Solids are consistent
with similar facilities in North Carolina which have limits based on the September 30, 1992
policy memorandum from the NC Department of Water Quality. The limitations for pH are
consistent with the national water quality criteria found in the document Quality Criteria For
Water, 1986.
The facility currently uses alum as a flocculent prior to clarification and filtration. Data reported
on Discharge Monitoring Report (DMR) forms indicate that on several occasions the discharge
of filter backwash exceeded the previous permit limit of 1.5 mg/L for Total Recoverable
Aluminum, which was based on the document Quality Criteria For Water, 1986. The applicant
requested compliance assistance with the 1.5 mg/L permit limit.
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Statement of Basis
Permit No. NC0086495
Page 2
In 1988, the Aluminum criterion was revised to 0.75 mg/L in the document Ambient Water
Quality Criteria for Aluminum, EPA publication 440/5-86-008, August 1988. The criterion
establishes the acceptable threshold of toxicity in accordance with the Clean Water Act (1987, as
amended) § 101(a)(3) which states that it is the national policy that the discharge of toxic
pollutants in toxic amounts shall be prohibited. Therefore, the final effluent limitation for Total
Recoverable Aluminum is 0.75 mg/1 based on the criterion in the 1988 publication. A
compliance schedule has been included in the permit to allow the permittee time to implement
plant upgrades to meet the new limit. In the interim the previous permit limit of 1.5 mg/L will
apply. This action is consistent with 40 CFR § 122.44(d)(1)(vi)(B). Additionally, the permittee
is encouraged to investigate alternative flocculent materials, such as anionic polyacrylamides,
which would not be toxic in the discharge.
PROPOSED SCHEDULE FOR PERMIT MODIFICATION ISSUANCE
Revised Draft Permit to Applicant - July 3, 2006
Proposed Public Notice Date - August 3, 2006
Proposed Issuance Date - September 4, 2006
Proposed Effective Date - November 1, 2006

JaISO ST4),
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
�� >W REGION 4
o r ATLANTA FEDERAL CENTER
Z;F ,02 61 FORSYTH STREET
�r14 PRGI"G ATLANTA, GEORGIA 30303-8960
JUN302006 D ECE9yLv
CERTIFIED MAIL 7004 2510 0006 0102 9371
RETURN RECEIPT REQUESTED JUL 4 4j
The Honorable Michell Hicks
OIg
Principal Chief � H
Eastern Band of Cherokee Indians
Attn: Carmen McIntyre
P.O. Box 455
Cherokee, NC 28719
SUBJ: Administrative Consent Order No. CWA-04-2006-4769
Cherokee Water Treatment Plant
NPDES Permit No. NCO086495
Dear Chief Hicks:
Pursuant to Section 309(a) of the Clean Water Act (Act), 33 U.S.C. § 1319(a), as
amended, I have determined that the above named facility is in violation of Section 402 of the
Act, 33 U.S.C. § 1342. As a result, I have issued the enclosed Section 309(a) Administrative
Consent Order.
This Order is issued to enforce existing requirements under the Act and therefore, does
not replace, modify or eliminate any other requirement of the Act.
If you have any questions concerning the enclosed Order, please contact
Mr. Michael Hom at [phone], or have your attorney contact Ms. Joan Redleaf Durbin
at [phone].
Sincerely,
C?
J. I. Palmer, Jr.
Regional Administrator
Enclosurew01111ff%bit,
cc: Larry Blythe, Vice Chief ,111! ( 3 2006
Shelia Hyatt, Water Treatment Plant Manager
Carmen McIntyre, OENR Manager Dry. OF WATER QUALITY
Joan Redleaf Durbin, Regional Indian Attorney DIRECTORS OFRCE
Bill Patton, Regional Indian Program Coordinator
North Carolina Department of Environment and Natural Resources ✓
Internet Address (URL) a http://www.epa.gov
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF
Eastern Band of Cherokee Indians
Cherokee, North Carolina
NPDES Permit No. NCO086495
Docket No. CWA 04-2006-4769
ADMINISTRATIVE CONSENT ORDER
SCOPE AND PURPOSE
1. The United States Environmental Protection Agency, Region 4 (EPA) and the Eastern
Band of Cherokee Indians (Cherokee Tribe) are the parties to this Administrative Consent Order
(Order)_ The express purpose of the parties in entering into this Order is to further the goals of
the Clean Water Act (CWA or Act), specifically Sections 101, 301, and 402 of the CWA,
33 U.S.C. §§ 1251, 1311, and 1342, respectively. It is the objective of all provisions and
obligations of this Order to cause the Cherokee Tribe to come into and remain in full compliance
with all applicable Federal laws and regulations governing the discharge of pollutants into waters
of the United States.
2. This Order is entered into and issued pursuant to the authority vested in the
Administrator of EPA by Section 309(a) of the CWA, 33 U.S.C. § 1319(a), which authority has
been delegated to the Regional Administrator of Region 4, EPA. The parties enter into this
Order because of National Pollutant Discharge Elimination System (NPDES) Permit No.
NCO086495 expired on March 31, 2006.
STIPULATIONS
The parties, in their own capacity or by their attorneys or other authorized
representatives, hereby stipulate:
3. For the purpose of this Order, the following constitutes a summary of the findings
upon which this Order is based. None of the facts related herein shall be considered admissions
by any party. This section contains findings of fact determined solely by the parties and shall not
be used by any person related or unrelated to this Order for purposes other than determining the
basis of this Order.

4. The Cherokee Tribe is a Federally recognized Indian Tribe, and a "municipality"
within the meaning of Section 502(4) of the CWA, 33 U.S.C. § 1362(4).
5. At all times relevant to this matter, the Cherokee Tribe owned and operated the
Cherokee Water Treatment Plant (WTP), which is located on US 441 North in Swain County,
North Carolina. The Cherokee WTP discharges filter backwash water, which contains
pollutants, into an unnamed tributary of the Oconaluftee River, a navigable water of the United
States, as defined in Section 502(7) of the Act, 33 U.S.C. § 1362(7).
6. The objective of the CWA, as set forth in Section 101(a) of the CWA, 33 U.S.C.
§ 1251(a), is to restore and maintain the chemical, physical, and biological integrity of the
nation's water.
7. Section 301(a) of the CWA, 33 U.S.C. § 1311(a), prohibits the discharge of pollutants
into the navigable waters of the United States, except in compliance with an NPDES pernut
issued pursuant to Section 402 of the Act, 33 U.S.C. § 1342.
8. EPA Region 4 issued to the Cherokee Tribe, NPDES Permit No. NCO086495 (the
Permit), effective on April 1, 2001, authorizing a discharge from the Cherokee WTP to an
unnamed tributary of the Oconaluftee River in compliance with the terms, conditions, and
requirements of the Permit, with an expiration date of March 31, 2006.
9. The Cherokee Tribe submitted an NPDES permit application for renewal on
February 28, 2006. On March 20, 2006, EPA acknowledged receipt of the NPDES permit
application.
10. The Permit and 40 Code of Federal Regulations (CFR) § 122.21(d) require submittal
of an NPDES permit application at least one hundred eighty (180) days before the previous
permit expiration date. The Cherokee Tribe failed to meet this provision.
11. Because the Cherokee Tribe failed to reapply timely, the provisions outlined in
40 CFR § 122.6 — "Continuation of expiring permits", are not applicable.
ALLEGATIONS
12. The Cherokee Tribe is not in compliance with Section 402 of the Act, 33 U.S.C.
§ 1342, in that the Cherokee Tribe has violated the Permit and 40 CFR § 122.21(d) by not
submitting an application at least one hundred eighty (180) days before the previous permit
expiration date.
N

13. The Cherokee WTP is discharging pollutants into the navigable waters of the United
States in violation of Section 301(a) of the CWA, 33 U.S.C. § 1311(a).
ADMINISTRATIVE ORDER ON CONSENT
Based on the foregoing, and pursuant to the authority of Section 309(a) of the Act,
33 U.S.C. § 1319(a), EPA proposes and the Cherokee Tribe consents to the following:
14. The Cherokee Tribe shall monitor and comply with the final effluent limitations
included in Part I.A. of the Permit, and comply with the remaining terms of the Permit.
15. The Cherokee Tribe shall maintain and operate the Cherokee WTP as efficiently as
possible.
NOTIFICATION
16. All compliance required reporting shall be in writing and sent to EPA at the following
address:
Water Programs Enforcement Branch
Water Management Division
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 30303-8960
ATTN: Michael Hom, Environmental Engineer
17. Notification or communication with EPA shall be deemed submitted on the date it is
postmarked and shall be sent by certified mail, return receipt requested. The Cherokee Tribe
shall maintain records of said notifications or communications, together with proof of mailing by
certified mail, for the duration of this Order.
18. All documentation and reports required to be submitted under this Order shall contain
the following certification statement and be signed by a duly authorized representative as
specified by 40 C.F.R. § 122.22(b)(2) and (d):
" 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
3

knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
GENERAL PROVISIONS
19. Compliance with the terms of this Order in no way affects or relieves the Cherokee
Tribe of its obligation to comply with the remaining conditions of the Permit, all applicable
requirements of the CWA, and the regulations promulgated thereunder, or other applicable
requirements of Federal law. This Order does not operate as an NPDES permit.
20. The Cherokee Tribe admits the jurisdictional allegations set out above.
21. The Cherokee Tribe neither admits nor denies the factual allegations set out above.
EFFECTIVE DATE
22. This Order shall become effective upon receipt by the Cherokee Tribe of a fully
executed Order.
For the Cherokee:
/ J
t
The Honorable N ichell cks
Principal Chief
Eastern Band of Cherokee Indians
-Z<v-06
Date
4
For EPA:
J. . Pa er, Jr.
Regional Administrator
U.S. EPA, Region 4