NC0020354_LV-2024-0042_Chatham Park Water Recovery Center_20240223

ROY COOPER
Garernor
ELIZABETH S. BISER
secrem,r
RICHARD E. ROGERS. JR.
T7(rvilor
Certified Mail # 7020 3160 0000 4115 0769
Return Receipt Requested
Timothy R. Smith, Vice President
C/O Robin R. Rose
Chatham Park Investors LLC
105 Weston Estates Way
Cary, North Carolina 27513
STATt
NORTH CAROL NA
En vironnlen(Pi QUOi!(y
February 23, 2024
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO020354
Chatham Park Investors LLC
Chatham Park Water Recovery Center
Case No. LV-2024-0042
Chatham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $397.22 ($283.00 civil penalty
+ $114.22 enforcement costs) against Chatham Park Investors LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Chatham Park Investors LLC for the month of May 2023. This review has shown the subject facility t
be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0020354.
The violations, which occurred in May 2023, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Chatham Park Investors LLC violated the terms, conditions or
requirements of NPDES WW Permit No. NCO020354 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a),
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91-1.114100

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa E.
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment agains
Chatham Park Investors LLC:
283.00 1 of 2 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0020354, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg. C)
- Concentration
283.00 TOTAL CIVIL PENALTY
114.22 Enforcement Costs
3$ 97.22 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option l: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inchrde waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.l(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remissionyou must complete and submit the enclosed "Reguest for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty 430) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed justification for
Remission Rec uest."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
Sincerely,
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfiche

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2024-0042
Chatham Park Investors LLC
NCO020354
County: Chatham
Amount Assessed: $397.22
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Chatham Park Investors LLC )
Chatham Park Water Recovery Center )
PERMIT NO. NCO020354 ) CASE NO. LV-2024-0042
Having been assessed civil penalties totaling 3$ 97.22 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 23 2024, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of _ , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Chatham Park Investors LLC
CASE NUMBER: LV-2024-0042
PERMIT: NCO020354
FACILITY: Chatham Park Water Recovery Center
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 B - Effluent
Violation Report
Date MonthlYr Parameter
5/15/2023 5-2023 BOD, 5-Day (20 Deg.
C) - Concentration
5/18/2023 5-2023 BOD, 5-Day (20 Deg
C) - Concentration
REGION: Raleigh
COUNTY: Chatham
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
5 X week mgll 7.50 17.2 129.3
5 X week mgll 7.50 8.3 10.7
Violation
Type
Daily
Maximum
Exceeded
Daily
Maximum
Exceeded
Penalty
Amount
yL6J.Vu
S0.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Chatham Park Investors LLC
Facility Name: Chatham Park Water Recovery Center
Permit Number: NC0020354
County: Chatham
Case Number: LV-2024-0042
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
No known damage to environment, public health or private property
2) The duration and gravity of the violation;
Three daily maximum exceeded for BOD, one monthly average exceeded for ammonia.
3) The effect on ground or surface water quantity or quality or on air quality;
Not documented.
4) The cost of rectifying the damage;
Not documented.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
6) Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been I
ur CPAs in the past year.
44��L
$) The cost to the State of the enforcement procedures.
$114.22
;44, 2,2, �Z
Date Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

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DocuSign Envelope ID 3329348D-9412-4C39-BEF5-F38884F7C325
ROY COOPER
vov rnei
ELIZABETH S. BISER
5ecrcrary
RICHARD E. ROGERS. JR.
9h error
Certified Mail # 7017 2680 0000 2237 3420
Return Receipt Requested
Timothy R. Smith, Vice President
C/O Robin R. Rose
Chatham Park Investors LLC
105 Weston Estates Way
Cary, North Carolina 27513
Sena
�
` 11'
NORTH CAROL NA
Environmental Quality
July 25, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2023-LV-0508
Permit No. NCO020354
Chatham Park Water Recovery Center
Chatham County
Dear Permittee:
A review of the May 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicates! below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
00113 Effluent BOD, 5-Day (20 Deg. C) - 5/15/2023 7.5 17.2 Daily Maximum Exceeded
Concentration (C0310)
001B Effluent BOD, 5-Day (20 Deg. C) - 5/18/2023 7.5 8.3 Daily Maximum Exceeded
Concentration (C0310)
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.
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DocuSign Envelope ID: 3329348D-9412-4C39-BEF5-F38884F7C325
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 das 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 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.
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 have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the
Raleigh Regional Office at 919-791-4200.
Cc: Laserfiche
Sincerely,
�Doeuftnod by:
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82916E8A832144F...
Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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MES
EFFLUENT
.,t No.: NCO020354 Discharge No.: 001 B
Facility Name: CPWRC
Operator In Responsible Charge (ORC):
Certified Laboratories: (1) Meritech
Check box if ORC has changed
Mail ORIGIONAL and
DWO / NCDENR
Information Processing Unit
1617 Mail Service Center J;;i%
Raleigh. NC 27699-1617
County: Chatham
Scott Siletzky
JUL 14 2023
iUt b 5 204 . Raleigh Regional Of3
Month.- Year:
CIa' I1 '#pMeftwo
Grade: IV ORC Certification # 24383
(2) Big Buffalo Creek WWTP (Field)
1559nature of Operator in Responsible Charge]
By this signature. I certify that this report is acc ale and
complete to the best of my knovrled:ie
2023
0/2023
Date
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�a
Facility Status: (Please check one of the following)
All monitoring data and sampling frequencies meet permit requirements:
Compliance
All monitoring data and sampling frequencies do NOT meet permit requirements:
Noncompliance
If the facility is non-com-pilariL please comment on corrective actions being taken in respect to equipment,
operation, maintenance, etc., and time table for improvements to be made.
"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 gathered and evaluated 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 submittes is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations"
Scott A. Si
7>i
`-(Signature of Permittee)" T 9
Q (Date)
2261 Bus-64 Pittsboro, NC 27312 (919) 777-1 _ April 30, 2026
(Permittee Address) (Phone Number) (Permit Exp. Date)
Parameter Codes
00010 Temperature
00076 Turbidity
00080 Cotor(Pt-Co)
00082 Color(ADMI)
00095 Conductivity
00300 Dissolved Oxygen
00310 GODS
00340 COD
00400 pH
00530 Tole) Suspended Residue
00545 Settleable Matter
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kjeldahl NItrwn
00630 Nitrates/Nitrites
00665 Total Phosphorus
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
00951 Total Flouride
01002 Total Arserdc
01027 Cadmium
01032 HexavalentChromium
01034 Chromium
01037 Total Cobalt
01042 Copper
01045 Iron
01051 Lead
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenol
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
50060 Total Residual Chlorine
71880 Formaldehyde
71900 Mercury
81551 Xylene
Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at [phone]. Extension 581 or 534.
The monthly average for Fecal Coliform Is to be reported as a GEOMETRIC MEAN. Use onty units designated In the reporting faciliys
permit for reporting data.
'ORC must visit facility and document visitation of facility per 15A NCAC 8A.0202 (b)(5)(8)
"If signed by other than pernittee, delegation of signatory authority must be on file with the state per 15A NCAC 2B.0506 (b)(2)(D).

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DocuSign Envelope ID' 3D7E3FEB-A3FF 41FF6-AIAD-MB271=00696
NPDES Permit NCO020354
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the [forth Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Town of Pittsboro and Chatham Park Investors LLC
are hereby authorized to discharge wastewater,, rorn a facility located at the
Town of Pittsboro WWTP
458 Small Strcet
Chatham County
Chatham Park Water Recovery Center
2261 US Higli%vay 64 Business East
Chatham County
to receiving waters designated as Robeson Creek and the Haw River in the Cape Fear Riser Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts 1, II, III, and IV hereof.
This pen -nit shall become effective....
This permit and the authorization to discharge shall expire at ruidnight on ....
Signed this day ......................... May 5, 2021.
................. June 1, 2021.
.... April 30, 2026.
�ocu5ignecf 6y:
C4S4531431644F�-
AUKfLbWh
.Jnr S_ Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 25

DocuSign Envelope ID: 3D7E3FE6-A3FF-4FF6-AIAD-F59827FOD696
NPDES Permit NCO020354
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 00111
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade III Biological Water
Pollution Control Svstem [15A NCAC 08G .0302]
(a.) Beginning upon receipt of engineer's certificate for the construction of the sewer connection to the
Pittsboro WWTP and the activation of the Chathann Park Water Recovery Center, and lasting
until permit expiration, Chatham Park Investors LLC is authorized to discharge treated
wastewater frorn Outfall 001 B to Robeson Creek. Such discharges shall be limited and
monitored' by the Permittee as specified below:
PARAMETER
Parameter Code
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
a
Daily
Maximum
Measurement
F uen
SampleT_L�atdon
T e2
mpleAvera
Flow 50050
0.499 MGD
I
Continuous
Recording
I or E
Total Monthly F ow,
MGJ month 32220
Monitor and Report
Monthly
Recorded or
Calculated
I or E
BOD5 (20°C)3 C0310
(April i - October 31)
5.0 mg/L
7.5 mg/1
Daily°
Composite
I and E
BODE (20°C)3 C0310
(November 1 - March 31)
10.0 mg/L
15.0 mg. L
Daily'
Composite
I and E
Total Suspended Solids} C0530
30.0 mg/L
45.0 mg/L
Daily'
Composite
I and E
Ammon a (NH3 as N) C0610
1.0 mg/L
5.0 mg/L
Daily'
Composite
E
Total Resid:ial ChlonrtO 50060
17 pg/L
Daily4
Grab
E
pHD 00400
Between 6.0 and 9.0 standard
units
Daily'
Grab
E
Temperature, °C 00010
Monitor and Report
Daily
Grab
E
Dissolved Oxygenr mg/L6 00300
Monitor and Report
Daily'
Grab
E
Fecal nic mean} (geometric me31616
2001100 mL
400j100 mL
Daily`
Grab
E
Conductivity 00094
Monitor and Report
Daily'
Grab
E
TKN, mg/L 7 00625
Monitor and Report
Weekly
Composite
E
NO3-N + NO2-N, mg/L 00630
Monitor and Report
Weekly
Composite
E
TN, mg/L 7 C0600
Monitor and Report
Weekly
Composite
E
QM600
TN Load 84 QY600
Monitor & Report (lb/mo)
Monitor & Report (lb/yr)
Monthly
Annually
Calculated
E
Total Phosphorus, mg/L C0665
2.0 mg/L (quarterly average) "
Weekly
Composite
E
TP Load 8,9 QM665
QY665
Monitor & Report (lb/mo)
Monitor & Report (lb/yr)
Monthly
Annually
Calculated
E
Nitrate 00620
10.2 mg/L
Monthly
Composite
E
Total Copper 01042
18.5 pg/L
1 26.7 pg/L
Monthly
Composite
E
TDS 70295
Monitor and Report
Quarterly
Composite
E
Total Hardness (as CaCO3], 00900
mg/L"
Monitor and Report
Quarterly
Composite
E
Chronic Toxicity12 TGP3B
See Note 12
Quarterly
Composite
E
Effluent Pollutant Scan NC01
Monitor and Report
Footnote 13
E
All footnotes are listed on the following page.
Page 8 of 25