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Home My WebLink AboutNC0037737_NOVNOI2023PC0117 & CEI Report_20230329 Certified Mail # 7022 0410 0002 1249 8187 Return Receipt Requested March 29, 2023 Constantine Roumel Roumelco Properties DBA Nantahala Village 9400 Hwy 19 W Bryson City, NC 28713 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-PC-0117 Permit No. NC0037737 Nantahala Village WWTP Swain County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the Nantahala Village WWTP on March 21, 2023. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NC0037737. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. The Compliance Evaluation 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 _________________________________________________________________________________________________________________________________________________________________________ Operations & Maintenance The facility is not operating as intended due to a lack of maintenance and repair. [NC0037737 Part II. Standard Conditions - Section C. 2. Proper Operation & Maintenance - The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit.] _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: 83618F89-6374-4DAD-8196-C44B300D3CBD _________________________________________________________________________________________________________________________________________________________________________ Sand Filters (Low rate) The sand filters are not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. [NC0037737 Part II. Standard Conditions - Section C. 2. Proper Operation & Maintenance - The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions o f this permit.] _________________________________________________________________________________________________________________________________________________________________________ Disinfection-Tablet The structure supporting the disinfection tubes was rusted and one side was broken. [NC0037737 Part II. Standard Conditions - Section C. 2. Proper Operation & Maintenance - The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (a nd related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit.] _________________________________________________________________________________________________________________________________________________________________________ De-chlorination The structure supporting the de-chlorination tubes was rusted and one side was broken. [NC0037737 Part II. Standard Conditions - Section C. 2. Proper Operation & Maintenance - The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit.] _________________________________________________________________________________________________________________________________________________________________________ Flow Measurement - Effluent A verifiable method of estimating flow is not being used. [NC0037737 Part II. Standard Conditions - Section D. 3. Flow Measurement - Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.] _________________________________________________________________________________________________________________________________________________________________________ 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 NPDES WW 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 DocuSign Envelope ID: 83618F89-6374-4DAD-8196-C44B300D3CBD Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. 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: Laserfiche Mark Bentley (ORC - Earth Environmental Services) DocuSign Envelope ID: 83618F89-6374-4DAD-8196-C44B300D3CBD EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 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 N 52 NC0037737 23/03/21 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Nantahala Village WWTP 9400 U S Hwy 19 W Bryson City NC 28713 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 23/03/21 18/06/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Mark Christopher Bentley/ORC/828-360-3966/ Other Facility Data 12:00PM 23/03/21 22/10/31 Name, Address of Responsible Official/Title/Phone and Fax Number Wendy Miller,9400 U S Hwy 19 W Bryson City NC 28713//678-751-7797/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance Records/Reports Self-Monitoring Program Facility Site Review Effluent/Receiving Waters 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 Lauren E Armeni DWR/ARO WQ/828-296-4500/ Mara G Chamlee DWR/ARO WQ/828-296-4500/ Timothy H Heim DWR/ARO WQ/828-296-4665/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD 3/29/2023 3/29/2023 3/29/2023 3/29/2023 NPDES yr/mo/day 23/03/21 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lauren Armeni, Tim Heim, and Mara Chamlee, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the Nantahala Village WWTP on March 21, 2023. This inspection was conducted to determine whether the facility is being operated and maintained in compliance with NPDES Permit No. NC0037737. Mr. Mark Bentley (Earth Environmental Services - ORC) was present and assisted in the inspection. Overall, the facility is not operating as intended due to a lack of maintenance and repair. The facility has been chronically non-compliant due to repeated limit violations for ammonia. Operations and Maintenance: General housekeeping is unacceptable due to miscellaneous PVC pipes strewn throughout the area. The facility has not been maintained as required per the permit based on the following issues observed during the inspection: broken distribution lines throughout the sand filters, vegetation within the sand filters, hydraulic short-circuiting & ponding within the sand filters, and broken check valves & inoperable floats and alarms for the dosing tank. Flow cannot be recirculated due to these issues. Septic tank: During the inspection, Mr. Bentley indicated that flow from the septic tanks was directly entering just one of the sand filters because the check valves for the dosing tank were not working. If the system was operating as intended, flow from the septic tanks would enter the dosing tanks, where it could be recirculated and distributed throughout the three sand filters (flow would alternate between the three). Because the check valves for the dosing tank are broken, the dosing tank is not in use, no flow is being recirculated, and only one of the three sand filters is in use. Sand Filters: There are three sand filters at the facility, but only one is in operation due to maintenance issues. As mentioned above, the sand filters have many issues including broken distribution lines, vegetation, ponding, and hydraulic short-circuiting. Additionally, flow cannot be alternated and recirculated between the three sand filters because the check valves are broken in the dosing tank. Mr. Bentley indicated that the recirculation pump does work; however, since the check valves are broken the flow cannot recirculate between the sand filters. Issues with the sand filters have been noted since at least the 2015 Compliance Evaluation Inspection report. Flow Measurement - Effluent: A verifiable method of estimating flow is not being used. The actual flow needs to be validated, and an approved method of estimating flow should be used. The following violations were noted during the inspection: 1. Operations & Maintenance: The facility is not operating as intended due to a lack of maintenance and repair. 2. Sand Filters: The sand filters are not operating as intended due to several maintenance issues, including broken distribution lines, vegetation, ponding, hydraulic short-circuiting, and broken check valves on the dosing tank that prevents recirculation. 3. Flow Measurement - Effluent: A verifiable method of estimating flow is not being used. 4. Disinfection - Tablet: The structure supporting the disinfection tubes was rusted and one side was broken. This structure needs to be replaced to prevent the tubes from falling into the chlorine contact chamber. 5. De-chlorination: The structure supporting the de-chlorination tubes was rusted and one side was broken. This structure needs to be replaced to prevent the tubes from falling in. NC0037737 17 (Cont.) Page#2 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD Permit:NC0037737 Inspection Date:03/21/2023 Owner - Facility: Inspection Type: Nantahala Village WWTP 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? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? General housekeeping is unacceptable. Old PVC pipes were strewn around the facility in random locations. These should be picked up to avoid confusion on whether or not they are connected. Overall, the facility appeared to not be properly maintained due to the number of visible issues during the inspection. See summary for details. Comment: Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? 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? Is the chain-of-custody complete? 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? Has the facility submitted its annual compliance report to users and DWQ? (If the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Page#3 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD Permit:NC0037737 Inspection Date:03/21/2023 Owner - Facility: Inspection Type: Nantahala Village WWTP Compliance Evaluation Record Keeping Yes No NA NE Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Facility has copy of previous year's Annual Report on file for review? Currently, a backup operator is not listed in our system. Mr. Bentley indicated that he would submit the Operator Designation Form as soon as possible. At the time of the inspection, Mr. Bentley did not have a copy of the current NPDES permit on site. A copy of the NPDES permit should be kept on site at all times. Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? The two septic tanks were last pumped on June 29, 2022 by Sid's Septic Service, Inc. The septic tanks are in series and following the septic tanks the flow enters a sand filter via gravity. See summary for details. Comment: Sand Filters (Low rate)Yes No NA NE (If pumps are used) Is an audible and visible alarm Present and operational? Is the distribution box level and watertight? Is sand filter free of ponding? Is the sand filter effluent re-circulated at a valid ratio? # Is the sand filter surface free of algae or excessive vegetation? # Is the sand filter effluent re-circulated at a valid ratio? (Approximately 3 to 1) At the time of the inspection, only one of the three sand filters was in use. At the time of the inspection, flow from the septic tanks enters a collection tank and is then gravity fed through one sand filter. The check valves on the dosing tank are not currently working so flow is not being recirculated. The floats and audible/visual alarms for the dosing tank are also not working. See summary for details. Comment: Disinfection-Tablet Yes No NA NE Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use?1 Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Page#4 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD Permit:NC0037737 Inspection Date:03/21/2023 Owner - Facility: Inspection Type: Nantahala Village WWTP Compliance Evaluation Disinfection-Tablet Yes No NA NE Is there chlorine residual prior to de-chlorination? The support structure holding the chlorinator tubes is rusted and one side is broken. This structure needs to be replaced to prevent the tubes from falling into the chlorine contact chamber. Comment: De-chlorination Yes No NA NE Type of system ?Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? Is storage appropriate for cylinders? # Is de-chlorination substance stored away from chlorine containers? Comment: Are the tablets the proper size and type? Are tablet de-chlorinators operational? Number of tubes in use?2 The support structure holding the de-chlorination tubes is rusted and one side is broken. This structure needs to be replaced to prevent the tubes from falling in. Comment: Flow Measurement - Effluent 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? A flow meter is not used and is not required for this facility; however, there is no current verfiable method of estimating flow in use. See summary for details. 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? If effluent (diffuser pipes are required) are they operating properly? Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Page#5 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD Permit:NC0037737 Inspection Date:03/21/2023 Owner - Facility: Inspection Type: Nantahala Village WWTP Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? The current permit requires grab sampling.Comment: Page#6 DocuSign Envelope ID: A0D27969-696D-4546-B197-FF280730ABDD POOO BOX 657 18348 13RYSON CITY, NC 28713 PHONE 8281M488=3255 or 828M736-0995 Date: l /J� � � 20-Ra_ (? 410 () t JtIW5 �/y / -bc) PLEASE PAY FROM THIS INVOICE 44 0