WQ0003924_NOV and Intent to Assess_20230406

ROY COOPER
Governor
ELIZABE TH S.BISER tM.
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
April 5,2023
Certified Mail#7018 3090 00012323 0287
Return Receipt Requested
Mr. Ronald Buck-President
Linco Partnership
288 Whitehouse Drive
Lincolnton, NC 28093
Certified Mail#7018 3090 00012323 0294
Return Receipt Requested
Mr. Ronald Buck- President
Linco Partnership
5200 Old Harding Road
Nashville,TN 37064
Subject: NOTICE OF CONTINUING VIOLATION &
NOTICE OF INTENT TO ENFORCE
NOV-2021-PC-0586
Linco Partnership
Permit No.WQ0003924
Wastewater Irrigation System
Lincoln County
Dear Mr. Buck:
Staff of the North Carolina Division of Water Resources conducted an inspection of the Linco
Partnership-Lincolnton WWTF on January 23,2023.This inspection was conducted to verify that the
facility is making attempts to operate in compliance with the conditions and limitations specified in the
subject Non-discharge permit.
Progress has been made regarding closure activities at the Linco facility. These closure activities are
noted in the attached inspection report. The Mooresville Regional Office(MRO) has received a partial
closure plan from the permittee. However,the MRO has not received a lagoon closure plan forthe
WWT Lagoon. The permittee has requested the permit be rescinded. However,all the components of
the wastewater treatment system must be adequately closed before a rescission will be considered.
This letter is being issued as a Notice of Continuing Violation (CNOV)& Notice of Intent to Enforce(NO[)
for the following violations of the subject permit:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-1611
NONIH CAROLl 919.707.9000
M.P. et Fm(rtronnnte10.1ty _

VIOLATION#1:
Failure to designate an Operator in Responsible Charge(ORC)
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.0117]"
Observation: Division records indicate that neither an ORC nor a Back-up ORC has been properly
designated for the subject facility and this has been an issue since permit issuance.
Required Corrective Action:
• Designate a properly certified ORC and backup ORC for the facility on the appropriate ORC
designation form (attached,also available at: https cleg.ric.gov/about/divisions/water-
resources/operator-certifictionJwastewater-operator/downloads-ww#operator-desit nation__
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]"
In addition,Condition 111, 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. Please submit a closure plan for closing the
2-million-gallon treatment lagoon.
Observation 2:The sludge pits were observed to be full.A sheen was observed on the water in the
sludge pits indicating the water in the pits continues to be wastewater. The sludge pits are in danger
of overflowing.The MRO is not satisfied with closure of these sludge pits and the lines leading to
them.This needs to be addressed in a closure plan. Additional assessment is necessary to determine
if the water in the sludge pits can be classified as storm water.
Required Corrective Actions:
• Repair or replace the lagoon liner and have the repair or replacement liner certified by a NC
Professional Engineer.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
NORTH wwouM 919.707.9000
Oepalmant of Emkervntlnbl Ouelty

• Prevent the sump pits from overflowing. Pump the pits and properly dispose of the wastewater.
• Provide a copy of the Operation and Maintenance Plan to the Mooresville Regional Office.
VIOLATION#3: Failure to conduct monitoring as required.
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 afoot 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.VISA 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 2 7699-1 61 7
(15A NCAC 02T.0105(1))"
Observation:The Division has no record of submittal of NDMR and NDAR-1 monitoring reports for
May 2020 and the entire year of 2022.
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 May
4,2023.
The closure plan action items that have been addressed as part of the WWT system closure are:
• The pump from the lagoon to the irrigation field has been removed.
• The above ground irrigation line risers and spray head have been removed from the
application field.
• The rinse pit in front of the office has been adequately closed.
• The Celadon treatment system has been disconnected from the WWT system.
• The 300,000-gallon tank has been emptied and cleaned.According to the document provided
by CDM,Linco is planning on having the tank dismantled and removed from the property.
1. Waste manifests have been received for the fluid that was in the 300,000-gallon surge
tank documenting their transport to Shamrock Environmental Corporation for proper
treatment.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh,North Carolina 27699-16 1 1
NOR IN CAROL'1 919.707.9000
oawm,ei w emeo .mr a.m

2. Based on the Partial Closure Plan,the lines to the surge tank have been made
unusable for the transfer of fluid to the surge tank and treatment lagoon.
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 than
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 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(704) 235-2199 or
by email at [e-mail] or me at(704) 235-2180 or by email at
[e-mail].
Sincerely,
for Andrew H. Pitn`F,P.G.,Acting Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Attachment:ORC Designation Form
BIMS Inspection Report
CC: WQROS Mooresville Regional Office-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.,CDG, Inc. (via email)
Thomas Witner, P.G.,CDG, Inc. (via email)
William T. Gorton, III,Stites and Harbison, PLLC(via email)
North Carolina Department of Environmental Quality I Division of Water Resources
�}� 512 North Salisbury Street 11611 Mail Set-vice Center l Raleigh.North Carolina 27699-16 1 1
woamcnrrouran ® 919.707.9000
Departmanl0 Fnvlronmenfel UusM'

Compliance Inspection Report
Pennit:YVQ0O0392* Effective: 03/20/19 Expiration: 07/31/24 Owner: LinooPartnorship
uoc: Effective: Expiration: Facility: UnooPartnership UnmdmonVVVVTF
County: Lincoln 280 Whitehouse Dr
P0 Box 910
Region: Mooresville
Umm|ntonNC28O93
Contact Person:Ronald 8uoh Title: Phune:O15-579-3815
Directions toFacility:
From Hwy 150in Pumpkin Center, travel west for approx.two miles and turn right onto Shuford Rd. Trave|appmx five miles 0oits
intersection with Old Hwy 321 (Maiden Rd). Turn left and travel approx. two miles to White House RUnn the right.
System Classifications: S|,
PhmoryORC: Certification: Phone:
8econdaryORC(s):
On-SiteRopmnontobva(o):
Related Permits:
Inspection Date: 01/23/2023 Entry Timu10:O&AM Exitlimo: O115PM
Primary Inspector:Edward Watson Phone:
Senondory|nupeutor(s):
Reason for Inspection: Routine |nepouUnn Type: Compliance Evaluation
Permit Inspection Type: Wastewater Irrigation
Facility Status: Fl Com�iant �� No Compliant
Question Areas:
Miscellaneous Questions Record Keeping Treatment Lagoons
(See attachment summary)
Page 1of4

Permit: WQ0003924 Owner-Facility:Linco Partnership
Inspection Date: 01/23/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
On January 23,2023, MRO staff performed a Compliance Inspection for the Linco Partnership Wastewater Treatment
System under Permit WQ0003924. MRO staff was on-site at 10:00 AM. The MRO staff met with Mr. Tom Whitner, P.G. of
CDG.
Activities that have occurred to address ongoing issues at the facility are:
1. On December 7, 2022, MRO received photo documentation regarding the pressure washing of the 300,000-gallon surge
tank, the sump pits, and the rinse pit.
2. Included in the December 7, 2022 communication,the MRO received electronic communication from Sheild
Engineering,(now GDC)that the rinse pit was emptied, pressure cleaned, and the wastewater from the rinse pit was properly
disposed of. The MRO staff was electronically provided with the Waste Manifests documents for the disposal of the
wastewater from these activities.
During the site visit, a sump pump was observed in the Southwest corner of the rinse pit. However,MRO staff was not able
to identify where the pumped water was being sent to. The MRO is satisfied the wastewater in the front pit has been
addressed properly.
3. The December 7, 2022, waste manifests include the disposal of the fluid that was in the 300,000-gallon surge tank and
the sludge pits. Photo documentation was provided as part of this communication.
During the site visit, the sludge pits were full of fluid. The fluid in the pit water displayed a sheen and the pits were near the
top of their storage capacity. The presence of a sheen indicates that the water in the pits continues to be wastewater. Mr.
Whitner offered to have the pit water sampled to determine if the water could be classified as stormwater. MRO staff has not
received water sampling results to see if the water in the pits can be classified as other than wastewater. The high water
level of the pits indicates that with a reasonable amount of precipitation, the pits could overflow and travel overland to the
surface water feature on the South side of the property.
A WWT System Closure Report was received from CDG on January 26, 2023. CDG report indicates the water that enters
the sludge pits is stormwater coming off of the roof drains. It is also known that stormwater flows through an underground
drain network that discharges into the same pits.
During the site visit, we were able to locate a map that displays the underground drain network. Mr. Whitner agreed to have
a copy of the map sent to the MRO. However,the MRO DWR is not aware of a separate Stormwater Permit being in place
for this facility.
Mr. Whitner also conveyed separately, that the treatment system tank inside the building is scheduled to be removed and
sold. The presence of residual material from the treatment system may be present in the drain lines. The residual waste
could be what was observed in the waste pits. However, the pits can no longer transfer fluid to the 300,000-gallon surge
tank.
The 300,000-gallon surge tank was also observed during the site visit. The tank had been emptied and cleaned. There was
a small amount of rainwater observed in the 300,000-gallon tank. A square hole was cut into the south side of the tank
about 2.5 feet above the bottom of the tank. According to the document provided by CDM, Linco is planning on having the
tank dismantled and removed from the property.
Page 2 of 4

Permit: WQ0003924 Owner-Facility:Linco Partnership
Inspection Date: 01/23/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine
Type Yes No NA NE
Reuse(Quality) ❑
Infiltration System ❑
Single Family Spray, LR ❑
Activated Sludge Spray, HR ❑
Activated Sludge Spray, LR ❑
Activated Sludge Drip, LR ❑
Recycle/Reuse ❑
Single Family Drip ❑
Lagoon Spray, LR
Record Keeping Yes No NA NE
Is a copy of current permit available? ❑ M ❑ ❑
Are monitoring reports present: NDMR? ❑ 0 ❑ ❑
NDAR? ❑ 0 ❑ ❑
Are flow rates less than of permitted flow? ❑ ❑ M ❑
Are flow rates less than of permitted flow? ❑ ❑ ❑
Are application rates adhered to? ❑ ❑ M ❑
Is GW monitoring being conducted, if required(GW-59s submitted)? ❑ M ❑ ❑
Are all samples analyzed for all required parameters? ❑ ❑ 0 ❑
Are there any 2L GW quality violations? ❑ ❑ ❑
Is GW-59A certification form completed for facility? ❑ M ❑ ❑
Is effluent sampled for same parameters as GW? ❑ ❑ ❑
Do effluent concentrations exceed GW standards? ❑ ❑ ❑
Are annual soil reports available? ❑ ❑ ❑
#Are PAN records required? ❑ ❑ ❑
#Did last soil report indicate a need for lime? ❑ ❑ M ❑
If so, has it been applied? ❑ ❑ ❑
Are operational logs present? ❑ M ❑ ❑
Are lab sheets available for review? ❑ ❑ ❑
Do lab sheets support data reported on NDMR? ❑ ❑ 0 ❑
Do lab sheets support data reported on GW-59s? ❑ ❑ 0 ❑
Are Operational and Maintenance records present? ❑ 0 ❑ ❑
Were Operational and Maintenance records complete? ❑ 0 ❑ ❑
Has permittee been free of public complaints in last 12 months? ❑ ❑ ❑
Is a copy of the SOC readily available? ❑ ❑ ❑
Page 3 of 4

Permit: WQ0003924 Owner-Facility:Linco Partnership
Inspection Date: 01/23/2023 Inspection Type:Compliance Evaluation Reason for Visit: Routine
No treatment units bypassed since last inspection? El M ❑ ❑
Comment: There is no ORC or backup ORC assigned to the facility.
NDMR and NDAR-1 reports have not been submitted for over two years.
O&M records for the facility are not being kept for the facility.
Page 4 of 4

WATER POLLUTION CONTROL SYSTEM OPERATOR DESIGNATION FORM
NCAC 15A 8G .0201
TAB to Navigate Form
Facility Name: Permit#
Facility Type ;5if1f` Facility Grade: � G SUBMITA SEPARATE FORM FOR EACH CLASSIFICATION
Permittee Owner/Officer Name:
Email Address:
Permittee Signature: Date:
Full Name: Work Phone:
Email Address:
Certificate Type: Select Certificate Grade: Select Certificate#:
Signature: Effective Date:
"1 certify that I agree to my designation as the Operator in Responsible Charge for the facility noted. 1 understand and 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."
Full Name: Work Phone:
Certificate Type: Select Certificate Grade: Select Certificate#:
Signature: Effective Date:
"1 certify that/agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and 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."
Full Name: Work Phone:
Certificate Type: Select Certificate Grade: Select Certificate #:
Signature: Effective Date:
"I certify that l agree to my designation as a Back-up Operator in Responsible Charge for the facility noted. I understand and 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."
Mail,fax or email ORIGINAL to: WPCSOCC, 1618 Mail Service Center, Raleigh, NC 27699-1618 ( FAX:[phone] [e-mail]
Mail or fax a COPY to: ,C� hoose DWR Regional Office that has coverage of this facility.
Revised 312019