HomeMy WebLinkAboutNC0060534_NOV2023PC0516_20231016
Certified Mail # 7022 2410 0003 1437 2204
Return Receipt Requested
October 16, 2023
Wilson Hooper, City Manager
City of Brevard
95 W Main St
Brevard, NC 28712
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-PC-0516
Permit No. NC0060534
Brevard WWTP
Transylvania County
Dear Permittee:
The North Carolina Division of Water Resources conducted a Pretreatment Compliance Inspection of the Brevard
WWTP on September 26, 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. NC0060534. A summary of the findings and
comments noted during the inspection are provided in the enclosed copy of the inspection report. The
Pretreatment Compliance inspection was conducted by Division of Water Resources staff from the Asheville
Regional Office. The following violation(s) were noted during the inspection:
Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________
Pretreatment An updated IWS was conducted in 2022, but was not submitted to the Pretreatment
Division. This will need to be completed and submitted. _________________________________________________________________________________________________________________________________________________________________________
Pretreatment Samples are not being collected by the POTW quarterly, which is the specified STMP
frequency requirement. The STMP data should be maintained in a table that can be
referenced as needed.
_________________________________________________________________________________________________________________________________________________________________________
Pretreatment The POTW has not completed sampling required by the IUP in the last calendar year. The
POTW should resume sampling per the IUP. _________________________________________________________________________________________________________________________________________________________________________ Pretreatment The Headworks Analysis that was due 8/1/2023 has not been completed or submitted.
DocuSign Envelope ID: 1B98D1D7-338C-471E-A751-7836E7A90AC3
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 information provided on the submitted Monitoring
Report(s). 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 you should have any questions, please do not hesitate to contact Mara Chamlee with the Water Quality
Regional Operations Section in the Asheville Regional Office at 828-296-4657.
Sincerely,
Dan Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS: Inspection Report, PCI Form
Ec: Laserfiche, Tom Williams (Lab Supervisor & Pretreatment Coordinator)
DocuSign Envelope ID: 1B98D1D7-338C-471E-A751-7836E7A90AC3
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 NC0060534 23/09/26 P 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)
Brevard WWTP
3226 Wilson Rd
Pisgah Forest NC 28768
Entry Time/Date Permit Effective Date
Exit Time/Date Permit Expiration Date
10:00AM 23/09/26 23/05/01
Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s)
///
Emory Gaine Owen/ORC/828-883-8461/
Other Facility Data
12:00PM 23/09/26 27/09/30
Name, Address of Responsible Official/Title/Phone and Fax Number
Wilson Hooper,95 W Main St Brevard NC 28712//828-884-2770/8288842358 Contacted
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Pretreatment
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/
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
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10/12/2023
10/13/2023
10/16/2023
NPDES yr/mo/day
23/09/26
Inspection Type
P3111218
1
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Mara Chamlee and Lauren Armeni, with the Asheville Regional Office, conducted a Pretreatment
Compliance Inspection (PCI) of the City of Brevard's Pretreatment Program on September 26, 2023.
Tom Williams (Pretreatment Coordinator) and Aaron Winans (BORC) were present and assisted with
the inspection.
The Brevard Pretreatment Program has one Significant Industrial User (SIU), which is not categorical.
A file reveiw was conducted for Oskar Blues Brewing. Overall, the program has several missing and
expired program elements that are required.
See the attached PCI form for file review comments and recommendations.
The following violations were noted during the inspection:
1) Samples are not being collected by the POTW quarterly, which is the specified STMP frequency
requirement. The STMP data should be maintained in a table that can be referenced as needed. It is
uncertain if metals still need to be listed on the STMP as Pollutants of Concern because the last
approved IUP did not list metals and the IU does not use metals in its processes. The POTW will need
to discuss this with the Pretreatment Division and submit a revised STMP. It is recommended that the
POTW begin collecting quarterly samples per the STMP.
2) The POTW has not completed the sampling required by the IUP in the last calendar year. The
POTW should resume sampling per the IUP.
3) The Headworks Analysis that was due 8/1/2023 has not been completed or submitted. This will
need to be completed and submitted as soon as possible.
4) An updated IWS was conducted in 2022, but was not submitted to the Pretreatment Division. This
will need to be completed and submitted.
NC0060534 17 (Cont.)
Page#2
DocuSign Envelope ID: 8CFCDB0F-E03E-4757-9042-812816C4DB8B
Permit:NC0060534
Inspection Date:09/26/2023
Owner - Facility:
Inspection Type:
Brevard WWTP
Pretreatment Compliance
Yes No NA NE
Page#3
DocuSign Envelope ID: 8CFCDB0F-E03E-4757-9042-812816C4DB8B
NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 1
NORTH CAROLINA DIVISION OF WATER RESOURCES
PRETREATMENT COMPLIANCE INSPECTION (PCI) REPORT
BACKGROUND INFORMATION [Complete Prior To PCI; Review Program Info Database Sheet(s)]
1. Control Authority (POTW) Name: City of Brevard
2. Control Authority Representative(s): Tom Williams and Aaron Winans
3. Title(s): Lab Supervisor/Pretreatment Coordinator, Backup ORC
4. Last Inspection Date: 11/2/2021 Inspection Type (Check One): PCI Audit
5. Has Program Completed All Requirements from the Previous Inspection and Program Info Sheet(s)? YES NO
6. Is POTW under an Order That Includes Pretreatment Conditions? YES NO
Order Type, Number, Parameters: _______________________________ Are Milestone Dates Being Met? YES NO
ICIS CODING
Main Program Permit Number MM/DD/YY
| N | C | 0 | 0 | 6 | 0 | 5 | 3 | 4 | | 09 | 26 | 23 |
7. Current Number Of Significant Industrial Users (SIUs)? 1
8. Number of SIUs With No IUP, or With an Expired IUP ? 1
9. Number of SIUs Not Inspected By POTW in the Last Calendar Year? 0
10. Number of SIUs Not Sampled By POTW in the Last Calendar Year? 1
11. Number of SIUs In SNC For Limits Violations During Either of the Last 2 Semi -Annual
Periods?
0
12. Number of SIUs in SNC For Reporting During Either of the Last 2 Semi -Annual Periods? 0
13. Number of SIUs in SNC with Pretreatment Schedule? 0
14. Number of SIUs on Schedules? 0
15. Current Number Of Categorical Industrial Users (CIUs)? 0
16. Number of CIUs in SNC? 0
POTW INTERVIEW
17. Since the Last PCI, has the POTW had any NPDES Limits Violations?
If Yes, What are the Parameters and How are these Problems Being Addressed?
These were isolated events.
YES NO
4/23-Mercury
8/23-Fecal
12/21-BOD
18. Since the Last PCI, has the POTW had any Problems Related to an Industrial
Discharge (Interference, Pass-Through, Blockage, Citizens’ Complaints, Increased
Sludge Production, Etc.)?
If Yes, How are these Problems Being Addressed?
YES NO
19. Which Industries have been in SNC for Limits or Reporting during
either of the Last 2 Semi-Annual Periods? Not Been Published for
Public Notice?(May refer to PAR if Excessive SIUs in SNC)
SNC for Limits: none
SNC for Reporting: none
Not Published: none
20. Which Industries are on Compliance Schedules or Orders? For all SIUs on an
Order, Has a Signed Copy of the Order been sent to the Division?
None
21. Are Any Permits or Civil Penalties Currently Under Adjudication? If Yes, Which
Ones?
YES NO
LTMP/STMP FILE REVIEW:
22. Is LTMP/STMP Monitoring Being Conducted at Appropriate Locations and Frequencies? YES NO
23. Are Correct Detection Levels being used for all LTMP/STMP Monitoring? YES NO
24. Is LTMP/STMP Data Maintained in a Table or Equivalent? YES NO Is Table Adequate? YES NO
25. All LTMP/STMP effluent data reported on Discharge Monitoring Report? YES NO Inspector, please verify yourself!
26. If NO to 23 - 26, list violations: Samples are not being collected by the POTW quarterly, which is the specified LTMP frequency
requirement. The LTMP data should be maintained in a table that can be referenced as needed.
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NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 2
27. Should any Pollutants of Concern be Eliminated from or Added to LTMP/STMP? YES NO
If yes, which ones? Eliminated: It is uncertain if metals still need to be listed on the STMP as Pollutants of Concern because the
last approved IUP did not list metals and the IU does not use metals in its processes.
28. PRETREATMENT PROGRAM ELEMENTS REVIEW- Please review POTW files, verify POTW has copy of Program Element
in their files, complete with supporting documents and copy of PERCS Approval Letter, and dates consistent with Program Info:
Program Element Last Submittal
Date In file?
Last Approval
Date In file
Date Next Due,
If Applicable
Headworks Analysis (HWA) 09/15/2018 Yes No 01/2019 Yes No 8/1/2023
Industrial Waste Survey (IWS) 04/11/2016
Yes No 07/6/2016 Yes No 12/31/2019
Sewer Use Ordinance (SUO) 11/21/2013
Yes No 12/12/2013 Yes No N/A
Enforcement Response Plan (ERP) 7/13/2020 Yes No 09/23/2020 Yes No N/A
Short Term Monitoring Plan (STMP) 6/17/2014
Yes No 06/24/2014 Yes No N/A
INDUSTRIAL USER PERMIT (IUP) FILE REVIEW (3 IUP FILE REVIEWS OR 1 FILE REVIEW AND 1 IU INSPECTION)
29. User Name 1. Oskar Blues 2. 3.
30. IUP Number 5-1001-14
31. Does File Contain Current Permit? Yes No Yes
No
Yes No
32. Permit Expiration Date 8/31/2022
33. Categorical Standard Applied (I.E. 40 CFR, Etc.) Or N/A N/A
34. Does File Contain Permit Application Completed Within One Year Prior
to Permit Issue Date?
Yes No Yes
No
Yes No
35. Does File Contain an Inspection Completed Within Last Calendar Year? Yes No Yes
No
Yes No
36. a. Does the File Contain a Slug/Spill Control Plan?
b. If No, is One Needed? (See Inspection Form from POTW)
a. Yes No
b. Yes No
a. Yes
No
b. Yes
No
a. Yes No
b. Yes No
37. For 40 CFR 413 and 433 TTO Certification, Does File Contain a Toxic
Organic Management Plan (TOMP)?
Yes No N/A Yes No
N/A
Yes No N/A
38. a. Does File Contain Original Permit Review Letter from the Division?
b. All Issues Resolved?
a. Yes No
b.Yes No N/A
a. Yes
No
b.Yes No
N/A
a. Yes No
b.Yes No N/A
39. During the Most Recent Semi-Annual Period, Did the POTW Complete
its Sampling as Required by IUP, including flow?
Yes No Yes
No
Yes No
40. Does File Contain POTW Sampling Chain -Of-Custody Forms? Yes No Yes
No
Yes No
41. During the Most Recent Semi -Annual Period, Did the SIU Complete its
Sampling as Required by IUP, including flow?
Yes No N/A Yes No
N/A
Yes No N/A
41b. During the Most Recent Semi-Annual Period, Did SIU submit all reports
on time?
Yes No N/A Yes No
N/A
Yes No N/A
42a. For categorical IUs with Combined Wastestream Formula (CWF), does
file include process/dilution flows as Required by IUP?
Yes No N/A Yes No
N/A
Yes No N/A
42b. For categorical IUs with Production based limits, does file include
production rates and/or flows as Required by IUP?
Yes No N/A Yes No
N/A
Yes No N/A
43a. During the Most Recent Semi-Annual Period, Did the POTW Identify
All Limits Non-Compliance from Both POTW and SIU Sampling?
Yes No Yes
No
Yes No
43b. During the Most Recent Semi -Annual Period, Did the POTW Identify
All Reporting Non-Compliance from SIU Sampling?
Yes No N/A Yes No
N/A
Yes No N/A
44. a. Was the POTW Notified by SIU (Within 24 Hours) of All Self-
Monitoring Violations?
b. Did Industry Resample and submit results to POTW Within 30 Days?
a.Yes No N/A
b.Yes No N/A
a.Yes No
N/A
b.Yes No
a.Yes No N/A
b.Yes No N/A
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NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 3
c. If applicable, Did POTW resample within 30 days of becoming aware
of SIU limit violations in the POTW’s sampling of the SIU?
c.Yes No N/A N/A
c.Yes No
N/A
c.Yes No N/A
46.* During the Most Recent Semi-Annual Period, Was the SIU in SNC? Yes No Yes
No
Yes No
47. During the Most Recent Semi -Annual Period, Was Enforcement Taken
as Specified in the POTW's ERP (NOVs, Penalties, timing, etc.)?
Yes No N/A Yes No
N/A
Yes No N/A
48. Does the File Contain Penalty Assessment Notices? Yes No N/A Yes No
N/A
Yes No N/A
49. Does The File Contain Proof Of Penalty Collection? Yes No N/A Yes No
N/A
Yes No N/A
50. a. Does the File Contain Any Current Enforcement Orders?
b. Is SIU in Compliance with Order?
a.Yes No N/A b.
Yes No N/A
a.Yes No
N/A b.Yes
No N/A
a.Yes No N/A
b.Yes No N/A
51. Did the POTW Representative Have Difficulty in Obtaining Any of This
Requested Information For You?
Yes No Yes
No
Yes No
FILE REVIEW COMMENTS:
The POTW has revised the expired IUP but has not sent the permit renewal application or current IUP to the Pretreatment Division for
approval. These will need to be submitted.
The POTW has not completed the sampling required by the IUP in the last calendar year. The last sampling data that they had at the time
of the inspection was from July 2022.
The SIU completed its sampling as required by the IUP, and they contract Byers Environmental for sampling and analyses.
The POTW did not identify all limits violations from the SIU sampling in the last semi -annual period. In April 2023 the SIU exceeded the
BOD limits per the IUP, but the SIU was not in SNC. Mr. Williams stated that they would send an NOV to the SIU.
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NC DWR Pretreatment Compliance Inspection (PCI) Form Updated December 2016 Page 4
OVERALL SUMMARY AND COMMENTS:
Comments:
There are several missing and expired program elements that are required. See the requirements below.
Requirements:
Samples are not being collected by the POTW quarterly, which is the specified STMP frequency requirement. The STMP data should be
maintained in a table that can be referenced as needed. It is uncertain if metals still need to be listed on the STMP as Pollutants of Concern
because the last approved IUP did not list metals and the IU does not use metals in its processes. The POTW will need to discuss this with
the Pretreatment Division.
The Headworks Analysis that was due 8/1/2023 has not been completed or submitted.
An updated IWS was conducted in 2022, but was not submitted to the Pretreatment Division. This will need to be completed and submitted.
Recommendations:
It is recommended to have the Long Term Monitoring Plan changed to a Short Term Monitoring Plan.
NOD: YES NO
NOV: YES NO
QNCR: YES NO
POTW Rating:
Satisfactory Marginal Unsatisfactory X
PCI COMPLETED BY: Mara Chamlee & Lauren Armeni DATE: September 26, 2023
DocuSign Envelope ID: 8CFCDB0F-E03E-4757-9042-812816C4DB8B