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HomeMy WebLinkAboutNC0085448_Complete File_20150610�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Gordon Patrizio, Owner 6 Riverbend Road Asheville, North Carolina 28805 Dear Mr. Patrizio: John E. Skvarla, III Secretary December 8, 2014 Subject: Issuance of NPDES Permit NCO085448 Patrizio Residence WWTP Buncombe County The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007, or as subsequently amended. We have made the following updates to your previous permit: • added updates to facility map and parameter codes. • added a limit (28 µg/L) for Total Residual Chorine (TRC). • updated Section A. (2.) Special Operating Conditions as follows: a) when a public or community sewage system becomes available, the permittee shall evaluate any possible connections to a sewer line. b) the Permittee must make points of effluent discharge accessible at all times. Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (3.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://portal.ncdenr.org/web/wq/adminibog/ipu/edmr. For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http://www2.epa.gov/compliance/proposed-npdes-electronic-reporting-rule. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-63001 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Mr. Patrizio December 8, 2014 Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain final and binding. Please note that this permit is not transferable except after notice to the Division. The. Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. es ctfully, G Thomas A. Reeder Enclosure: NPDES Permit NCO085448 (Issuance Final) hc: Central Files NPDES Program Files ARO Files/ Attn: Landon Davidson NPDES Permit NCO085448 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 (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Gordon Patrizio — Owner is hereby authorized to discharge treated wastewater from a facility known as Patrizio Residence WWTP 6 Riverbend Road, Asheville 28805 Buncombe County to receiving waters designated as Swannanoa River, within the French Broad River Basin, in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I,11, III, and IV hereof. The permit shall become effective January 1, 2015. This permit and the authorization to discharge shall expire at midnight on September 30, 2019. Signed this day December 8, 2014. Thci as A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 NPDES Permit NCO085448 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Gordon Patrizio — Owner is hereby authorized to: continue to operate an existing 360 GPD jet -aeration wastewater treatment system with the following components; • Jet Air System • septic tank • aeration chamber • clarification • chlorination located at the Patrizio residence, 6 Riverbend Road, Asheville, Buncombe County; 3. discharge from said treatment works via Outfall 001 at a location specified on the attached map, into Swannanoa River [Stream Segment 6-78], currently a Class C waterbody within Subbasin 04-03-02 of the French Broad River Basin. Page 2 of 6 NPDES Permit NCO085448 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge filter backwash via Outfal1001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTIC [Parameter Codes] LIMITS MONITORING REQUIREMENTS I Monthly Average Daily Maximum Measurement Frequency 2 Sample Type Sample Location Flow 3 (gallons/day) 50050 360 Quarterly Estimate Effluent BOD 5-day, NOC (mg/L) C0310 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids (mg/L) C0530 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH (su) 00400 >_ 6.0 and <_ 9.0 standard units Quarterly Grab Effluent Total Residual Chlorine 4 (µg/L) 50060 28 µg/L Quarterly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part H, Section D. (2). No later than 270 days from the effective date of this permit begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See. Special Condition A. (3). 2. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, unit such time that three (3) consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. 3. No flow measuring device is required. However, flow should be estimated. 4. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/l. Samples shall be taken at the outfall but prior to mixing with the receiving waters. There shall be no discharge of floating solids or foam in other than trace amounts. Also refer to A. (2.) Special Operating Conditions Page 3 of 6 NPDES Permit NCO085448 A. (2.) SPECIAL OPERATING CONDITIONS a) When a public or community sewage system becomes available, the permittee shall evaluate any possible connections to a sewer line. b) The Permittee must make points of effluent discharge accessible at all times. c) A certified operator would not be required unless deemed necessary by the A$heville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.I l.a.(2) e) As stated in Footnote 2 of A. (l), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. Page 4 of 6 NPDES Permit NCO085448 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part 11 of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reuortin2 [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 5 of 6 NPDES Permit NC0085448 Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htt�://portal.ricdenr.or web/wq/admin/bo ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htW://portal.ncdenr.or web/wq/admin/bo ipu/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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 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. " 3. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 l ill: • • •✓ • OQre Bet et C c • p it If — II 2+ v • � tii � � t �.,��`� i� ems' .� ,16ff G .11it \` /'�•"'+,-� (�— a s. Riverbend Rd • ° y j� i% `�` t r Ferncliff Dr A,1 {- r Swannanoa River =cam � r [flows southwest] Botany Dr • Cal: . Gordon Patrizio Patrizio Residence WWTP 6 Riverbend Road, Asheville 28805 State Grid[USGS Ouad: E9SW / Oteen, NC Stream Segment: 6-78 Drainage Basin: French Broad River Basin Sub -Basin: 04-03-02 Latitude: 35' 36' 10" Longitude: 820 28' 08" Stream Class: C HUC: 06010105 ReceivineStream: Swannanoa River M _ \Q Outfall A f • '' (flows northeast) It A. 00 r ' Facility Location Scale 1:24,000 Noah NPDES Permit NCO085448 Buncombe County r<) i2/o4 j� NPDES PERMIT RENEWALl DRAFT & FINAL CHECK LIST FILE CONTENTS: Facility C iye ` Zip / �C f��7e-iK li" 4.1T Permit No. /V C fJfJ T-5—ci Y,? Left si IMS Tracking Slip NPDES Permit Writer: DEREK DENARD Right side: ❑ Sir amline Package Sheet (to region, only if streamlined) Draft Permit Cover Letter. (add new policy text; summarize major changes to permit) C7/b ermit (order: cover, supplement, map, effluent sheets, special conditions) Fla pity Map (E-Map: include facility Outfalls; U and D sample locations) ��ct Sheet (documents permit writer's issues and re -issue logic) � Permit Writer's Notes (if not in Facts Sheet -- chronology, strategy, DMR Review, RPA, etc.) ❑ Staff Report from Region (as appropriate -- not needed if streamlined) LL--Ol rmit (Text, Effluent Sheets and Special Conditions) C-*-- Permit Application. (New Permit or Renewal; any additional permittee correspondence) ❑ Acknowledgement Letter ❑ Permittee Responses (NPDES Unit written response to Renewal Application) letter, if any) ❑ Waste Load Allocation (to acknowledgement (reference date; notes if recalculated for current action)10/2 0/ 7 y / Note: Italics indicate special conditions not always required or applicable. gC ,-- bmitted to • ✓o for Peer Review: Dat -dmin cutoff date Peer Review completed by Date 0�/Tdated Public Notice Sys date] ? 2 . Updated Updated BIMS Events: [date] D i UY Submitted for Public N i on fNewspaper f[ N ii O 2 i Newspaper Notice Received �J! 2 " . Actual Notice date(s) e %� / Draft Permit [Mailed i d] to (Regional Staff/-,/�'G�h � jS by iU C Date a Regional Office Reviewed /Approved by p �S Received on [Date] wrill ❑ �1K/Atl 1 Review by [TOX/DWR] initiated by Date Li( d Review/Approval by Date F?bnal / Jeff / Matt / for signature on [date] (��1�t Letter Dated l2 �' iew [other] 1/t° / s e Gferred to Server (Permits Folder) BIMS Final Updates: Events Limits Version 17Aug2013 DENR / DWR / NPDES EXPEDITED FACT SHEET - NPDES PERMIT DEVELOPMENT NPDES Permit NCO085448 Derek Denard, Compliance & Expedited Permitting Unit / 919-807-6307 04Dec2014 Facility Information Applicant/Facility Name Gordon Patrizio Patrizio Residence Wastewater Treatment Plant (WWTP) Applicant Address 6 Riverbend Road, Asheville, North Carolina 28805 Facility Address 6 Riverbend Road, Asheville, North Carolina 28805 Permitted Flow (GPD) 360 GPD Type of Waste 100% Domestic Wastewater Discharge Facility Class not classified County Buncombe Permit Status Renewal Regional Office ARO Stream Characteristics Receiving Stream Swannanoa River Stream Classification C Stream Segment [6-78] Drainage basin French Broad Summer 7Q10 (cfs) 7.69 Subbasin 04-03-02 Winter 7Q10 (cfs) 0.0 Use Support Aquatic Life, Recreation 30Q2 (cfs) 0.0 303(d)_Listed No, 6-78d Average Flow (cfs) 0.0 State Grid E9SW IWC (%) 0.01 % USGS'Topo Quad Oteen, NC Facility Summary This privately -owned facility is a minor facility (flow <1 MGD) that receives 100% domestic waste. The design capacity of the treatment system is 360 GD. The facility consists of the following water and wastewater treatment units: • Jet Air System • septic tank • aeration chamber • clarification Applicability of General Permit NCG55000 Treatment system requirements (Part 1, Condition A.) for existing systems (built prior to August 1, 2007) • Septic Tank • Sand or media filter component (Single Pass Filter Systems, Multi -Phase Filter Systems) • Disinfection. (All facilities adding chlorination after the August 1, 2007 will also be required to add dechlorination. If a system had chlorination before August 1, 2007, then the addition of dechlorination is to required) This facility does not utilize any filtration media and does not include dechlorination. The permittee does not intend to make these upgrades, and therefore does not qualify for a general permit. Fact Sheet Renewal 2014 -- NPDES Permit NCO085448 Page 1 Monthly, age FLOW (GPD) — Last 13 out of 36 months Ju12011-Jun2014: [Ave 132 GPD; Maximum, Monthly average flow = 240 GPD] For Renewal — This permit reflects discharge at Outfall 001. DWR updated the facility description and Map; added parameter codes to Section A. (L); added Electronic Reporting - Discharge Monitoring Reports page [Section A.(3.)]; added TRC limit; and updated Section A. (2.) Special Operating Conditions. Stream — Discharge from WWTP for outfall 001 is into Swannanoa River [Stream Segment 6-78]. The segment 6-78d at location of Outfall 001 is currently listed as supporting Aquatic Life and Reaction in the 2012 North Carolina Integrated report or 2012 303d list. Total Residual Chlorine (TRC) — A TRC limit is added to this permit. The facility does not include dechlorination. Facility Classification — Since these are single family permits, the division would not automatically classify them in the first place. The Division has decided to not classify single family systems at present. If the facility was classified, it would not technically meet the criteria for Grade 2 simply because of the Jet Air technology. The Rule specifies "activated sludge or fixed growth process". Fact Sheet Renewal 2014 -- NPDES NC0085448 Page 2 Public Notice North Carolina Environmental Management Commission/ Nl DES Unit 1617 Mail Service Center Raleigh NC 2767-1617 Notice WIntent to Issue a NPDES Wastewater Permit orth Carolina Environmental Manac or ASFIEVTf T .F, CITIZEN TIlVIES VOICE OF THE MOUNTAINS • CMZEN MA S.com AFFIDAVIT OF PUBLICATION BUNCOMBE COUNTY SS. NORTH CAROLINA Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, personally appeared Vicki Harrison, who, being first duly sworn, deposes and says: that she is the Finance Manager of The Asheville Citizen -Times, engaged in publication of a newspaper known as The Asheville Citizen -Times, published, issued, and entered as first class mail in the City of Asheville, in said County and State; that she is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Asheville Citizen -Times on the following date: October 24th 2014. And that the said newspaper in which said notice, paper, document or legal advertisement was published was, at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statues of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Signed this 241 day of October, 2014 Sworn to and subscribed before me the 24' day of October, 2014.1 My Commission expires the 5t' day of October, 20 (828) 232-5830 1 (828) 253-5092 FAX 14 O. HENRY AVE. I P.O. BOX 2090 1 ASHEVILLE, NC 28802 1 (800) 800-4204 GAmm P U 5 Denard, Derek From: Wiggs, Linda Sent: Monday, November 17, 2014 9:35 AM To: Denard, Derek Subject: jet air Bunc TRC Follow Up Flag: FollowUp Flag Status: Flagged HI Derek I think it best that we omit the TRC limit from NC0085341, NC0085464, NC0085448 and leave it the way it has been in the past as monitor only. If we give them a limit we are only setting them up to violate a permit limit since they do not have dechlor. Please continue with the monitor only for TRC through another permit cycle. Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://portal.ncdenr.org/web/wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. Denard, Derek From: Denard, Derek Sent: Thursday, October 23, 2014 10:16 AM To: 'kgpatrizio@bellsouth.net' Cc: 'richholderwcei@earthlink.net'; Davidson, Landon; Wiggs, Linda; Reid, Steve Subject: Correction to Draft NPDES permit NC0085448 6 Riverbend Rd Attachments: Derek C Denard2.vcf, NC0085448 Patrizio 6 Riverbend Rd permit & eff 2014.pdf Mr. Patrizio, Please find the attached correction to permit NC0085341. The weekly average limits for BOD and Total Suspended Solids of 45 mg/L should have been daily maximums. The weekly average column has been removed from the draft and these limits are now under the correct column for daily maximums in the Part 1 A.(1.) effluent table. This correction keeps the draft permit consistent with the previous permit. If you have any questions, please contact me. Sincerely, Derek Derek C Denard Efwironrserna? ��eci3;r�-i NMENR UNisi n of Water Resources CoffwFame g.0 Enearfted Pem-AttfMq tKI (919)807-6347 derek@icdmr-9m 1617 MaR Sartka Canter, ihkig h, NC 2769-1617 #�tr�:J{�roftstnccan t_orq/�wst�My%sw�?mthpdes E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Denard, Derek Sent: Tuesday, October 21, 2014 3:54 PM To: 'kgpatrizio@bellsouth.net' Cc: 'rich holderwcei@earthlink.net'; Davidson, Landon; Wiggs, Linda; Reid, Steve Subject: Draft NPDES permit NC0085448 6 Riverbend Rd Asheville NC Mr. Patrizio, Please find the attached draft permit documents for the renewal of the wastewater treatment facility for the Patizio Residence Permit # NC0085448 at 6 Riverbend Road, Asheville, NC 28805. A hard copy will be mailed to you shortly. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Buncombe County area, as required by the NPDES Program. Please provide your comments, if any, to me via email [derek.denard@ncdenr.gov] or write to my attention care of DENR / DWR / NPDES Program no later than November 5, 2014. Your written comments are welcome but not mandatory. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on your permit draft, and take appropriate action prior to issuing your NPDES permit final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6307. 4 Derek C Denard NCD" Er!vironM-_nt3lSpK1af+.t NCDENR Dimon of Water Resaacn Ears fiance & Expedited permitting Brit { 19; 807-6W7 derekdmwd@rzde4w4m 1617 MM Sx i= CAmter, R4" n, W-27G9-1613 hYr�./t`cdan r_orgM'�'AVr�'?r'G:fnrdas E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Denard, Derek From: Wiggs, Linda Sent: Wednesday, October 22, 2014 11:35 AM To: Denard, Derek Subject: stop the presses :) between you and me Follow Up Flag: FollowUp Flag Status: Flagged I just realized we changed the effluent limits to NOT include "Daily Max" of 45 mg/I. We need to scratch the weekly average and go back to the Monthly Avg (30) and Daily Max (45), as the previous permit was written. I am sorry I didn't catch this sooner, but since we (ARO) have looked at these systems for compliance based on annual average, we prefer that daily max. HOWEVER, if this is going to open a can of worms and require John or ` "6�o Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Porta1.ncdenr.org/web/wq Jeff to evaluate this then nevermind, leave it as is. Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. iJ} U �i,� �` • �T wi i vJ Denard, Derek From: Wiggs, Linda Sent: Friday, October 17, 2014 3:57 PM To: Denard, Derek Subject: ARO comments Comments on draft NC0085464, NC0085448, NCO085341: Fact sheet - Applicability of General Permit: These three systems do have disinfection, so I suggest removing the word disinfection from you sentence. Or remove the entire General Permit section since we are not going that route at this time. Permit Page 1 of 6. Scratch my comment to you on the phone about the permit #, I was wrong! Permit Page 3 of 6. Suggest removing footnote 4. Permit Page 4 of 6 A. (3) Special Operating Conditions a). Replace the word "should" with "shall'. I should be able to get you staff reports by the end of next week. However, as we discussed ARO plans to recommends issuance of these three permits. Linda.Wiggs@ncdenr.gov Environmental Senior Specialist North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Link to Division of Water Resources Home Page http://Portal.ncdenr.org/web/­wq Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. Denard, Derek From: Denard, Derek Sent: Wednesday, November 12, 2014 9AS AM To: 'Kim & Gordon Patrizio' Subject: RE: Draft NPDES permit NC0085448 6 Riverbend Rd Asheville NC Attachments: Derek C Denard2.vcf Mr. Patrizio, Thanks for catching that mistake. I will make the correction for the final draft. Thanks, Derek Derek C Denard Emironffw"I sPeta3ist NCDENR DWt7 n of Water ke ciurces COMPUnce & Dpe&ed Pem- ttfn9 t#nst (919) M-M7 �rekdettardcdenr-9�' 1617 MASariz a Ca rter, Ra%iq n. hK 2i&49�iG17 kitty, fF�t�ncttanr.orgF�'�htiVf�+ii�:��^6d'� correspondence to and from this address maybe subject to the North Carolina Public Records Law and may be E-mail corres p disclosed to third parties. From: Kim & Gordon Patrizio Lma llto:kapatrizio bellsouth. net Sent: Tuesday, November 11, 2014 8:36 AM To: Denard, Derek Cc: k4patriziona bellsouth.net Subject: Re: Draft NPDES permit NC0085448 6 Riverbend Rd Asheville NC Mr. Denard Thank you for your assistance with the Draft permit. The only minor correction noticed was on page 2 that refers to the atrizio. Again, thank you for the opportunity to review the draft permit. Pruitt residence rather than P Sincerely GordonPatrizio Sent from my iPad On Oct 21, 2014, at 3:53 PM, "Denard, Derek" <rlerek denard(@ncdenr.gov> wrote: Mr. Patrizio, 1 Please find the attached draft permit documents for the renewal of the wastewater treatment facility for the Patizio Residence Permit # NCO085448 at 6 Riverbend Road, Asheville, NC 28805. A hard copy will be mailed to you shortly. Concurrent with this notification, the Division will solicit public comment on this draft by publishing a notice in newspapers having circulation in the general Buncombe County area, as required by the NPDES Program. Please provide your comments, if any, to me via email [derek.denard@ncdenr.gov] or write to my attention care of DENR / DWR / NPDES Program no later than November 5, 2014. Your written comments are welcome but not mandatory. Following the mandatory 30-day public comment period, the Division will review all pertinent comments on your permit draft, and take appropriate action prior to issuing your NPDES permit final. If you have questions concerning this draft, please e-mail me or call my direct line (919) 807-6307. <image001.jpg> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. <Derek C Denard.vcf> <NC0085448 Cover Draft letter 2014.pdf> <NC0085448 Patrizio 6 Riverbend Rd permit & eff 2014.pdf> <NC0085448 map.pdf> x ♦y!1`t^: �`�Mill AW IT 01 A; PAN 10/20/2014 NCO085448 6 Riverbend Rd Permit Facility Month Year Parameter Sample UoM Value Cell Type in GPD NC0085448 Gordon Patrizio - 6 Riverbend 7 2011 50050 - Flow, I Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 8 2011 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 9 2011 50050 - Flow, I Grab gpd 0.0012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 11 2011 50050 - Flow, Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 2 2012 50050 - Flow, Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 5 2012 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 9 2012 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 11 2012 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 1 2013 50050 - Flow, Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 12 2013 50050 - Flow, Grab gpd 0.00024 CAMONAVG 240 NC0085448 Gordon Patrizio - 6 Riverbend 2 2014 50050 - Flow, Grab gpd 0.00016 CAMONAVG 160 NC0085448 Gordon Patrizio - 6 Riverbend 3 2014 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 NC0085448 Gordon Patrizio - 6 Riverbend 4 2014 50050 - Flow, i Grab gpd 0.00012 CAMONAVG 120 verage fy 132 aximum monithly average 240 2012 North Carolina Integrated Report Category Rating Use Reason for Rating Parameter Year > 6-78-23b Ross Creek (Lake From 1-240 to backwaters of Lake Kenilworth 1.1 FW Miles B 5 Kenilworth) S Impaired Aquatic Life Poor Bioclassification Ecological/biological Integrity Benthos 2000 > 6-78-23c Ross Creek (Lake Lake Kenilworth 12.0 FW Acres B 2 Kenilworth) 1 Supporting Water Supply No Criteria Exceeded Water Quality Standards Water Supply > 6-78b Swannanoa River From North Fork Swannanoa River to Beetree Creek 4.6 FW Miles C 2 1 Supporting Aquatic Life Good Bioclassification Ecological/biological Integrity FishCom 1 Supporting Aquatic Life Good -Fair Bioclassificati Ecological/biological Integrity Benthos > 6-78 Swannanoa River From Bull Creek to French Broad River 11.5 FW Miles C 1 Supporting Aquatic Life Good -Fair Bioclassificati Ecological/biological Integrity Benthos 1 Supporting Recreation No Criteria Exceeded Fecal Coliform (recreation) 2 > 6-78-15-(1) Beetree Creek (Beetree From source to Asheville Water Supply Dam 5.0 FW Miles WS-I;HQW 2 Reservoir) 1 Supporting Water Supply No Criteria Exceeded Water Quality Standards Water Supply > 6-78a Swannanoa River From source to North Fork Swannanoa River 7.0 FW Miles C 5 5 Impaired Aquatic Life Fair Bioclassification Ecological/biological Integrity Benthos 2006 > 6-78c Swannanoa River From Beetree Creek to Bull Creek 2.6 FW Miles C 2 1 Supporting Aquatic Life Good -Fair Bioclassificati Ecological/biological Integrity Benthos Monday, March 25, 2013 Category 5 Assessments Approved by EPA August 10, 2012 Page 151 of 554 IWC Calculations Facility: Patrizio Residence WWTP-6 Riverbend Rd NC0085448 Prepared By: Derek Denard Enter Design Flow (MGD): 0.00036 Enter s7Q10 (cfs): 7.69 Enter w7Q10 (cfs): 0 Total Residual Chlorine (TRC) Daily Maximum Limit (ug/1) Ammonia (Summer) Monthly Average Limit (mg NH3-N/1) s7Q10 (CFS) 7.69 s7Q10 (CFS) 7.69 DESIGN FLOW (MGD) 0.00036 DESIGN FLOW (MGD) 0.00036 DESIGN FLOW (CFS) 0.000558 DESIGN FLOW (CFS) 0.000558 STREAM STD (UG/L) 17.0 STREAM STD (MG/L) 1.0 Upstream Bkgd (ug/1) 0 Upstream Bkgd (mg/1) 0.22 IWC (%) 0.01 IWC (%) 0.01 Allowable Conc. (ugll) 234300 Allowable Conc. (mg/1) 10750.5 Ammonia (Winter) Monthly Average Limit (mg NH3-N/1) Fecal Coliform w7Q10 (CFS) 0 Monthly Average Limit: Vot Required DESIGN FLOW (MGD) 0.00036 (If DF >331; Monitor) DESIGN FLOW (CFS) 0.000558 (If DF<331; Limit) STREAM STD (MG/L) 1.8 Dilution Factor (DF) 13782.36 Upstream Bkgd (mg/1) 0.22 IWC (%) 100.00 Allowable Conc. (mg/I) 1.8 Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals); capped at 35 mg/I 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis); capped at 35 mg/I 4. BAT for Minor Domestics: 2 mg/I (summer) and 4 mg/I (winter) 5. BAT for Major Municipals: 1 mg/I (year-round) Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) NPDES Server/Current Versions/WLA; TB 1/16/2009 6,� k-7-1 liter e,-,, 7-J Denard, Derek From: Sent: To: Reid, Steve Thursday, September 04, 2014 8:58 AM Denard, Derek Subject: RE: Question about facility classificatin for three individual single family NC008534, NC0085448, NC0085464 Derek - Since these are single family permits, we would not automatically classify them in the first place. The Division has decided to not classify single family systems at present. If they were to be classified, they would not technically meet the criteria for Grade 2 simply because of the Jet Air technology. The Rule specifies "activated sludge or fixed growth process". While these septic tank/Jet Air systems could possibly be construed as such, I don't think the intent of the Rule was to include this level of treatment in that classification. It's basically a septic tank with an aerator in it. No mixed liquor, no return activated sludge. Pretty simple. It is encouraging that they have an operator looking at them, though I'm not sure what there is to actually 'operate', except for occasional pumping out of the tanks. Hope this helps clear up the situation a bit. There's always the possibility of classifying them if the RO staff have issues with them or feel compelled for some reason or other to do so, but I would wait for that to come from them. Let me know if you have further questions. Thanks! Steve Reid Extension Education & Training Specialist NCDENR / Division of Water Resources / Operator Certification Program PH:919.707.9108 FX:919.715.2726 Steve. re i d@ nc d e n r. Rov http://portal.ncdenr.org/web/wq/admin/tacu or ncwater.org/wwcert Office: 1209 - G (Archdale Bldg) Mail: 1618 Mail Service Ctr, Raleigh NC 27699-1618 Physical address: 512 N. Salisbury St., Raleigh NC 27601 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Denard, Derek Sent: Tuesday, September 02, 2014 2:31 PM To: Reid, Steve Subject: Question about facility classificatin for three individual single family NC008534, NC0085448, NCO085464 Steve, I had a question for you about facility classification for three single family individuals permits NC008534, NC0085448, NCO085464 (see the attachments of drafts with factsheets). All three have a licensed operator Richard Holder WW-2 14055, SS 991041 visiting. Should these be classified WW-2 since they have Jet Air System. Look at the facility description for more details. Thanks, Derek , Derek C Denard Em4ronmenta; Spec aRst NCDENR UNision of Water Resoumn Comps-- & b p",ted k—It" Unit (919) 807-6307 derekdenafdCEncdervxpw IQ7 MaU Sarr,ca Cantar, RaWgh, NC 2 @99-%17 l�ttp.?+Gortatncaan rorgM'aD.+w+�FswGIG:'n Fdas E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 05Sep2014 Compliance w/ permit not good (BOD & TSS) ... but the IWC = 0.01 % - hard to portend an environmental issue. IimitVinlatinna r UnnitnrinnVinlatinns r RennrtinnVinlatinns I' OtherVinl2tions Permit NCO085448 Details... SOC: AD: Details... Monitoring Report 12-2013 Details... Facility: 6 Riverbend Road Details... Region: heville County: Buncombe Owner. Gordon Patrizio details... Incident Details .. Inspect Dt Details... Facility Reported As: *Compliant C-) Non -Compliant _: Not Reported is signed Report Type: DMR `Outf... 'Location 'Parameter 'Date Manual 'Description SOC Limit 'Caicu... Unit % Over 001 Effluent BOD, 5-Day (20 Deg. C... 12/10/2013 ❑ Daily Maximum Exceeded ❑ 45 67 mgA 48.888888 001 Effluent BOD, 5-day (20 Deg. C... 12/3112013 ❑ Monthly Average Exceeded ❑ 30 67 mg/l 123.333333 001 Effluent Solids, Total Suspend... 12/31/2013 ❑ Monthly Average Exceeded ❑ 30 43.5 ... mgfl 45 yndIR 11*i Limit Violations C Monitoring Violations ( Reporting Violations ( Other Violations Permit: INC0085448 Details... SOC: AD: = Details... Monitoring Report 3 2014 Details... Facility: 6 Riverbend Road Details... Region: heville County: uncombe Owner: ordon Patrizio Details... Incident Inspect Dt Detail ... Facility Reported As: `:, Compliant ; Non -Compliant _) Not Reported Is signed Report Type: MR •Outf.. "Location 'Parameter 'Date Manual I *Description I SOC I Limit I -Calcu... Unit. %Over Action 001 jEffluent IBOD, 5-Day (2... 10313112014 1 ❑ JMonthIyAverage... I ❑ 130 145 jmgA 150 Denard, Derek From: Sent: To: cll';:�, 4--Z-7 . "- 4/ o Z, Reid, Steve Thursday, September 04, 2014 8:58 AM Denard, Derek A0S— Subject: RE: Question about facility classificatin for three individual single family NC008534, NC0085448, NCO085464 Derek - Since these are single family permits, we would not automatically classify them in the first place. The Division has decided to not classify single family systems at present. If they were to be classified, they would not technically meet the criteria for Grade 2 simply because of the Jet Air technology. The Rule specifies "activated sludge or fixed growth process". While these septic tank/Jet Air systems could possibly be construed as such, I don't think the intent of the Rule was to include this level of treatment in that classification. It's basically a septic tank with an aerator in it. No mixed liquor, no return activated sludge. Pretty simple. It is encouraging that they have an operator looking at them, though I'm not sure what there is to actually 'operate', except for occasional pumping out of the tanks. Hope this helps clear up the situation a bit. There's always the possibility of classifying them if the RO staff have issues with them or feel compelled for some reason or other to do so, but I would wait for that to come from them. Let me know if you have further questions. Thanks! Steve Reid Extension Education & Training Specialist NCDENR / Division of Water Resources / Operator Certification Program PH:919.707.9108 FX:919.715.2726 steve.reid@ ncdenr.gov http://Portal.ncdenr.org/web/wq/admin/tacu or ncwater.org/wwcert Office: 1209 - G (Archdale Bldg) Mail: 1618 Mail Service Ctr, Raleigh NC 27699-1618 Physical address: 512 N. Salisbury St., Raleigh NC 27601 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Denard, Derek Sent: Tuesday, September 02, 2014 2:31 PM To: Reid, Steve Subject: Question about facility classificatin for three individual single family NC008534, NC0085448, NCO085464 Steve, I had a question for you about facility classification for three single family individuals permits NC008534, NC0085448, NCO085464 (see the attachments of drafts with factsheets). All three have a licensed operator Richard Holder WW-2 14055, SS 991041 visiting. Should these be classified WW-2 since they have Jet Air System. Look at the facility description for more details. Thanks, Derek AGh Derek C Denard RUMM Ermwmenta: spec:arm NCDEUR Dimon of Water Resources Compfiance & Expedited Perf2tsng thrift (91% 807-6307 B- 16V Mal Smim Cww itah(Sh. NC ZOR-1617 hstp;+�pa�i�rr E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wren Thedford NC DENR / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Rich Holder Western Carolina Environmental Inc. 115 Delaware Avenue Asheville, NC 28806 Wren Thedford, I am writing to request the renewal of the permit for the Patrizio WWTP, # NCO085448 for the Patrizio residency, at #6 Riverbend Road, Asheville, NC 28805. Attached is the NPDES application Form D. The system consist of a Jet Air treatment plant Septic chamber Aeration chamber Clarification chamber The system is pumped by a local septic pumper every 3 years or when needed. Th4nkyou, 4chHolder RECEIVEDIDENRIDNR AUG t 4 ?W4 Water Q ality Permitting r NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Resources / NPDES Program 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit INCO085448 If you are completing this form in computer use the TAB key or the up - down arrows to moue from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Gordon Patrizio Facility Name Patrizio WWTP Mailing Address 6 Riverbend Road City Asheville State / Zip Code NC, 28805 Telephone Number (828)337-8097 Fax Number ( ) e-mail Address kgpatrizio@bellsouth.net 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road City State / Zip Code County 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Western Carolina Environmental INC. Mailing Address 115 Delaware Avenue City Asheville State / Zip Code NC, 28806 Telephone Number (828)337-8097 Fax Number ( ) e-mail Address richholderwcei@earthlink.net 1 of 4 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply Industrial ❑ Number of Employees Commercial ❑ Number of Employees Residential ® Number of Homes 1 School ❑ Number of Students/Staff Other ❑ Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): One residential home Number of persons served: 2 5. Type of collection system ❑ Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer) 6. Outfall Information: Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? ❑ Yes ❑ No 7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each outfall): Swananoa River 8. Frequency of Discharge: ❑ Continuous ® Intermittent If intermittent: Days per week discharge occurs: 7 Duration: 1OHrs 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. Jet Air System Three compartment system 1: trash, septic tank for solids removal 2: Aeration chamber 3: Clarification Pump tank every 3 years 2 of 4 Form-D 9/2013 NPDES APPLICATION - FORM D For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow 360 GD Annual Average daily flow 240 GD (for the previous 3 years) Maximum daily flow 360 GD (for the previous 3 years) 11. Is this facility located on Indian country? ❑ Yes ® No 12. Effluent Data NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average over the nast 36 months for Darameters curre thl in your permit. Mark otherparameters "N/A". Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BODs) 67 18.9 Mg/L Fecal Coliform Total Suspended Solids 117 27.3 Mg/L Temperature (Summer) Temperature (Winter) PH 7.2 7 13. List all permits, construction approvals and/or applications: Type Permit Number Type Hazardous Waste (RCRA) UIC (SDWA) NPDES PSD (CAA) 0085448 Non -attainment program (CAA) 14. APPLICANT CERTIFICATION NESHAPS (CAA) Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWA) Other Permit Number I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Richard K Holder Operator Printed name of Person Signing Title ture of Applicant (bate, North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 4 of 4 Form-D 9/2013 WDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Gordon Patrizio 6 Riverbend Road Asheville, North Carolina Dear Mr. Patrizio: 28803 Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary October 8, 2009 Subject: NPDES Permit Modification Permit No. NCO085448 Patrizio Residence WWTP Buncombe County A Final NPDES permit issued on July 26, 2007 was contested by Mr. Gordon Patrizio primarily due to concerns . associated with certain monitoring and reporting conditions. Subsequently, a Settlement Agreement signed by Mr. Gordon Patrizio and the Division on September 10, 2009, specified revised monitoring and reporting requirements that are incorporated into this final permit modification. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit modification includes the changes listed below. ■ Quarterly monitoring beginning 3 years from the permit effective date, with increased monitoring should any permit limits/monitoring violations arise. This permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit modification, please contact Bob Guerra at telephone number (919) 807- 6387. Sincaerely, ullins, Director kart't: Modified NPDES Permit No. NCO085448 cc: Asheville Regional Office, Surface Water Protection, Attn: Roger Edwards NPDES File Central files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-6387 1 FAX: 9IM07-6495 1 Customer Service 1-877-623-6748 NorthCarolina Internet: wwrv.ncwaterquality.org � 1N� l//� An Equal Opportunity 1 Affirmative Action Employer i/ V a`ju/ Permit NCO085448 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Gordon Patrizio is hereby authorized to discharge wastewater from a facility located at the Patrizio Residence WWTP 6 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, I11 and IV hereof. This permit shall become effective October 1, 2009. This permit and authorization to discharge shall expire at midnight on September 30, 2014. Signed this day October 1, 2,W9. ee Sullins, Director / Division of Water Quality By Authority of the Environmental Management Commission I Permit NCO085448 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Gordon Patrizio is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 6 Riverbend Road at the Patrizio residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. . 0- Gordon Patrizio Residence Facility Single Family WWTP Location ' Latitude: 35° 36' 05" N State Grid: Oteen not to scale Lonaitude: 82° 28' 04" W Permitted Flow: 360 GPD Receivina Stream: Swannanoa River Drainaee Basin: French Broad River Basin NPDES Permit No. NCO011441 Stream Class: C Sub -Basin: 04-03-02 North Buncombe County Permit NCO085448 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS , During the period beginning on the effective date of this permit and lasting until three (3) years from the effective date, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTSI Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH2 Monitor & Report Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085448 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (3) years from the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency 4 Sample Type Sample Location Flow3 360 gallons/day Quarterly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH2 Monitor & Report Quarterly Grab Effluent Total Residual Chlorine Monitor & Report Quarterly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. 4. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, until such time that three (3) consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085448 A. (3.) SPECIAL OPERATING COND1 T IGINS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line (COMPLETED). b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.11.a.(2) e) As stated in Footnote 4 of A. (2.), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. Guerra, Bob From: Belnick, Tom Sent: Friday, September 11, 2009 6:08 PM To: Guerra, Bob Subject: FW: Binkleman et al. v. DENR, DWQ (OAH file no. 07 EHR 1380) Attachments: Sueanna P Sumpter.vcf; executed settlement agreement Walling.pdf; executed settlement agreement Patrizio.pdf; executed settlement agreement Pruett.pdf BobG- looks like these were finally settled. I'll talk with you next week. Tom Belnick Supervisor, NPDES West Program NC DENR/Division of Water Quality 1617 Mail Service Center, Raleigh, NC 27699-1617 (919) 807-6390; fax (919) 807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sumpter, Sueanna [mailto:WOssumpt@ncdoj.gov] Sent: Thursday, September 10, 2009 3:52 PM To: johnhunter@jchlawfirm.com Cc: Belnick, Tom; Wilson, Susan A; Edwards, Roger Subject: Binkleman et al. v. DENR, DWQ (OAH file no. 07 EHR 1380) Hi John, The settlement agreements have now been fully -executed and pdf copies are attached. I am sending you duplicate originals of the Walling and Patrizio agreements, and a copy of the Pruett agreement (there was only one original). Please call me if you have any questions. Thanks. Sueanna Sueanna P. Sumpter North Carolina Department of Justice Attorney General's Western Office 42 N French Broad Avenue Asheville, NC 28801 Assistant Attorney General Phone: [823] 251-6033 Fax: [328] 251-6338 ,ossumpt::nr-dc rqov G 3 STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE Charles Binkelman, Molly Walling, Gordon & Kim Patrizio, John & Susie Pruitt, Petitioners, V. DENR, Division of Water Quality, Respondent. IN THE OFFICE OF ADMINISTRATIVE HEARINGS 07 ERR 1380 CONSENT AGREEMENT AND SETTLEMENT The petitioners, Gordon and Kim Patrizio, and the respondent, North Carolina Department of Environment and Natural Resources, Division of Water Quality~("DWQ"), hereby enter into this Consent Agreement and Settlement ("Agreement") in order to resolve matters in controversy between them pursuant to N.C.G.S. § 150B-31(b). This above -captioned matter arose out of the 26 July 2007 issuance by DWQ to petitioner Gordon Patrizio of a renewed discharge permit, No. NC0085448 ("the permit"). The permit, as renewed, authorized the continued operation of an existing 360 GPD wastewater treatment system, located at the petitioners' residence, and the continued discharge of treated wastewater from the facility into the Swannanoa River in the French Broad River Basin. Petitioners brought this action to challenge certain monitoring and reporting conditions of the permit. The parties subsequently engaged in settlement negotiations in the above -styled action and developed a draft amendments to the permit conditions at issue which are agreeable to both. Therefore, without any trial of fact or law in the above - styled matter, THE PARTIES AGREE THAT: 1. The respondent, DWQ, will issue to the petitioner, Gordon Patrizio, an -amended permit containing the -same monitoring and reporting terms and conditions as developed and agreed to by the parties. Copies of those pages of the permit containing the proposed amended terms and conditions are attached to this Agreement, marked "Exhibit A," and incorporated by reference herein. The petitioner's amended permit will be issued by the tenth day of the next month following full execution of this Agreement, will be effective for a period of five years from the date of its issuance, and the quarterly monitoring and reporting requirements required by it will become effective three years following its issuance. Except as amended pursuant to this Agreement, the renewed permit issued to the petitioners on 26 July 2007 shall remain in full force and effect. 2. By execution of this Agreement, petitioners accept and agree not to challenge the terms and conditions of the amended permit to be issued pursuant to Paragraph 1, above. 3. Petitioners explicitly waive their right to a contested case hearing in this matter and additionally agree to withdraw By: their petition for contested case hearing previously filed with the Office of Administrative Hearings in the above -captioned matter. Petitioners shall file a notice of withdrawal of request for contested case hearing within ten (10) days following full execution of this Agreement. FOR THE PETITIONERS: THE _JOHN- C . HUNTER' LAW FIRM° PLLC Attorneys for the petitioner Joht C. Hunter The iltmore Building One North Pack Square, Suite 418 Asheville NC 28801 Date: 3 d PETITIONERS Gordon Patri o 4t,Y6 K Patri o 6 Riverbend Drive Asheville NC 28805 Date: FOR THE RESPONDENT: ROY COOPER'__ Attorney General e. At2:2� ueanna P. Sumpter Assistant Attorney General N.C. Department of Justice 42 N. French Broad Avenue Asheville NC 28802 _-- .Date:.. DIVISION OF WATER QUALITY T mas J. nick Superviasor Western�jNPDES P ogram Date: v. �g o Permit NCO085448 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the l Gordon Patrizio is hereby authorized to discharge wastewater from a facility located at the Patrizic Residence WWTP 6 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective XXXX This permit and authorization to discharge shall expire at midnight on XXXX Signed this day XXXX. DRAFT REVISION Coleen H. Sullins; Director Division of Water Quality By Authority of the Environmental Management Commission Exhibit A Permit NCO085448 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Gordon Patrizio is hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 6 Riverbend Road at the Patrizio residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. Exhibit A .::�...- Permit NC0085448 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until three (3) years from the effective date, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLt1ENT LIMITS x MONITORING FtE4lIIREMENTSt t?., .»�.. IGHARACTERIST ICS , 4� M . Monthly "Ieasurem nt Sam le T e p , yp Sam p1e 11 a Averse u.n.y Flow3 360 gallons/day Annually BOD, 5-lay (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent pH2 Monitor & Report Annually Grab Effluent Total Residual Chlorine Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NC0085448 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three f3► years from the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT C HAP,ACTERISTIC8 -LIMITS MONITORING REQUIREMENTS1 A - Monthly'' Average y'; Daily ; ' Maximum ; Measurement � Frequency 4 Sample Type ' "Sample location Flow3 360 gallons/day Quarterly BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Quarterly Grab Effluent pH2 Monitor & Report. Quarterly Grab Effluent Total Residual Chlorine Monitor & Report_I Quarterly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required.. However, flow should be estimated. 4. Should any violations of permit limits, monitoring and/or permit conditions arise, monitoring shall increase to monthly, until such time that three (3) -consecutive months of compliance have been achieved. Monitoring can then revert to quarterly. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Exhibit A Permit NCO085448 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line (COMPLETED). b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B. I La.(2) e) As stated in Footnote 4 of A.(2.), monitoring shall increase to monthly should any violations of permit limits, monitoring and/or permit conditions arise. After three consecutive months of compliance, monitoring can then revert back to quarterly. A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. Exhibit A Mr. Gordon Patrizio 6 Riverbend Road Asheville, North Carolina Dear Mr. Patrizio: q) 28803 July 26, 2007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Subject: Issuance NPDES Permit NCO085448 Patrizio Residence WWTP Buncombe County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This permit includes no major changes from the draft permit sent to you on March 28, 2007. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. On May 21, 2007, the Division of Water Quality (DWQ) received a letter from the office of John C. Hunter requesting clarification of certain conditions in the Draft NPDES permits issued to Mr. Binkelman NC0085456, Ms. Walling NC0085341, Mr. Patrizio NCO085448 and Mr. Pruett NC0085464. The Division offers the following responses to his questions with issuance of each individual permit. Siqnator requirement for sinale-familv residences All of the residence owners have signed and submitted applications for permit renewals and have indicated they are the "Owners" of the wastewater treatment systems that produce a wastewater discharge. While the Division understands the literal requirement of the Code of Federal Regulations, for the case of the single-family residences, the homeowner(s) are signators and "Sole proprietors". While the Division will not modify the "Boiler Plate Language" of the permits, the language will be clarified under the effluent requirements. Reliability Requirements At this time, due to the size and de minimus potential impact should a power failure occur, the Division will waive the reliability requirement. The last sentence of paragraph states that backup power is required only when necessary to achieve compliance with the conditions of the permit. Flow Measurement It is implied that the maximum amount of wastewater, which can be discharged from a single-family residence is 120 gallons per bedroom. While measurement device will not be required for the treatment facilities, flow can be estimated for the annual requirement. Please work with the Asheville Regional Office for this estimation. N,one Nor hCarolina atura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: www.ncwaterquality.or2 Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/1091. Post Consumer Paper Outfall Requirements It is the responsibility of the permittee to ensure access to the outfall line. Discharge points are noted and documented by information presented by the permittee within the permit renewal application. If the permittee has GIS information other than what was submitted in their permit renewal applications please have them forward the information to the DWQ for a more precise map/location of the discharge outfalls from their treatment systems. Response to Specific Permit Conditions Monitoring Frequency The proposed frequency of 1 /month is less than any standard individually permitted domestic waste discharge. The Division cannot modify these frequencies at this time. The Division hopes that the homeowners will seek out and find an alternative to discharge prior to the effective date of the increased monitoring requirements. Connection to MSD Buncombe The DWQ understands the potential cost of connection to MSD. The homeowners must provide this information to eliminate this, if it is a cost prohibitive option. Significant Noncompliance Non-compliance indicates the wastewater discharge exceeds permit limits as noted in the permit. A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. Please accept these responses and clarifications to the above referenced NPDES Permits. The DWQ understands these permit conditions and requirements can be challenging and sometimes difficult to comply with. This is the reason why all Individual NPDES permits must be put out for public notice to allow for feedback from perspective permit holders and the public. The Division hopes that the four homeowners will work together to find an alternative to discharge to the Swannanoa River. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Guerra at telephone number (919) 733-5083, extension 539. Sincerely, '7 {tr 'Coleen H. Sullins cc: Central Files Asheville Regional Office / Surface Water Protection NPDES Unit The John C. Hunter Law Firm PLLC The Biltmore Building, Suite 418 One North Pack Square Asheville, NC 28801 , c � V, vi u' .jihi: Permit NCO085448 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Gordon Patrizio is hereby authorized to discharge wastewater from a facility located at the Patrizio Residence WWTP 6 Riverbend Road East of Asheville Buncombe County to receiving waters designated as the Swannanoa River in the French Broad River Basin. in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2007. This permit and authorization to discharge shall expire at midnight on December 31, 2010. Signed this day July 26, 2007. sov �� Gt -�• ?..r -(; f Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO085448 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Gordon Patrizio are hereby authorized to: 1. Continue to operate an existing 360 GPD jet -aeration wastewater treatment system. This facility is located near Asheville at 6 Riverbend Road at the Patrizio residence WWTP in Buncombe County. 2. Discharge from said treatment works at the location specified Outfall 001, on the attached map into the Swannanoa River, classified C waters in the French Broad River Basin. cns j lJ �— Jii� Gordon Patrizio Residence Facility Single Family WWTP Location A011W Latitude: 35036' 05" N State Grid: Oteen not to scale Longitude: 82° 28' 04" W Permitted Flow: 360 GPD Receiving Stream: Swannanoa River Drainage Basin: French Broad River Basin NPDES Permit No. NC0081448 Stream Class: C Sub -Basin: 0"3-02 tN!oYth Buncombe County Permit NC0085448 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Annually BOD, 5-day (20°C) 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Residual Chlorine Monitor & Report Annual Grab Effluent pH2 Monitor & Report Annually Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted annually as specified in Part II Section D (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions �U v- Jtii Permit NCO085448 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning three (3) years from the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow3 360 gallons/day Monthly BOD, 5-day (20T) 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Monthly Grab Effluent pH2 Monitor & Report Monthly Grab Effluent Total Residual Chlorine Monitor & Report Monthly Grab Effluent Footnotes: 1. A Discharge Monitoring Report (DMR) is required to be submitted as specified in Part II, Section D. (2). 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. No flow measuring device is required. However, flow should be estimated. There shall be no discharge of floating solids or visible foam in other than trace amounts. Also refer to A. (3.) Special Operating Conditions Permit NCO085448 A. (3.) SPECIAL OPERATING CONDITIONS a) During the 3-year period prior to the increased effluent monitoring requirements reflected in A. (2.), the permittee should evaluate any possible connections to the Buncombe County MSD sewer line. b) The Permittee must make points of effluent discharge accessible within 30 days of the effective date of the permit. c) A certified operator would not be required unless deemed necessary by the Asheville Regional Office and the NPDES program. The homeowner would receive a written notification with a timeline to acquire a certified operator, should this occur. However, the permittee or designated representative must sign the Discharge Monitoring Report Forms. Should review of effluent data indicate noncompliance, a certified operator may be required. d) The documented owner of the Single Family Residence shall be considered the "Proprietor" as specified in II.B.11.a.(2) A. (4.) Total Residual Chlorine Monitoring Should discharge of wastewater continue to be the most feasible option, a Total Residual Chlorine limit of 28 ug/L (Daily Maximum) will be imposed during the next permit renewal. 10 J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director November 1, 2006 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Gordon Patrizio 6 Riverbend Drive Asheville, N.C. 28805 Subject: Rescission of case RV-2006-0003 NPDES Permit NCO085448 Buncombe County Dear Mr. Patrizio: Division staff has confirmed that you did submit a renewal application to the Asheville Regional Office prior to the deadline required for such submissions. Therefore, the Division is hereby rescindinir the subject case and associated civil penalty assessed against you We apologize for the confusion regarding your application. Mr. Bob Guerra [919 733-5083, extension 539] is the staff member preparing your permit renewal. He will prepare a draft permit and send it to you. If you have questions about this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. Sincerely, �y my Alan W. Klimek cc: Central Files Asheville Regional Office / Roger Edwards NPDES Permit file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Internet: h2o. enr, state. nc. us Phone: 919-733-5083, extension 511 / FAX 919 733-0719 charles.weaver(o)ncmail net Nne orthCarolina ;Vahmallff An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 13, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Gordon Patrizio 6 Riverbend Drive Asheville, North Carolina 28805 Subject: Assessment of Civil Penalty Violations of NCGS 143-215.1 (c) NPDES permit NCO085448 6 Riverbend Drive Buncombe County Case Number RV-2006-0003 Mr. Patrizio: This letter transmits notice of a civil penalty assessment of $500.00, based upon the following facts: ➢ The Division issued permit NCO085448 for the subject facility on July 23, 2001. ➢ Permit NCO085448 expired on December 31, 2005. North Carolina General Statute 143- 215.1 (c) requires the Permittee to request renewal at least 180 days before permit expiration. No renewal application for your permit was received on or before July 4, 2005 (180 days before the permit expiration date). ➢ A Notice of Violation was mailed to you dated April 13, 2006. Records from the U.S. Postal Service document that it was received on April 20, 2006. To date the Division has received no correspondence requesting either renewal or rescission of the permit. ➢ In accordance with NCGS 143-215.6 A (a), a civil penalty of not more than $25,000.00 per day may be assessed against a "person" who fails to comply with the terms, conditions or requirements of a permit required by NCGS 143-215.1. Based on the facts listed above, I conclude as a matter of law that: ➢ NPDES permit NCO085448 is required by NCGS 143-215.1. ➢ A renewal request was due for permit NCO085448 no later than July 4, 2005. ➢ By failing to request renewal of the permit, you violated and failed to act in accordance with NCGS 143-215.1. ➢ By allowing the permit to expire, you are now discharging wastewater without a valid permit, an offense punishable by up to $25,000.00 per day. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733-5083 / FAX 919 733-0719 / Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NoithCarohna Naturally Case number RV-2005-0004 Permit NCO085448 Page 2 Based on the above facts and conclusions of law [and proper delegation from the Secretary of NC DENR and the Director of the Division of Water Quality], you are hereby assessed a civil penalty of $500.00 for failure to renew your permit. ASSESSMENT FACTORS In determining the dollar amount of the penalty assessed in this case [pursuant to N.C.G.S. 143- 215.6A (c)], Division staff take into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-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 [N/A]; (2) The duration and gravity of the violation [14 months; permit has been expired for 8 months]; (3) The effect on ground or surface water quantity or quality or on air quality [N/A]; (4) The cost of rectifying the damage [N/A]; (5) The amount of money saved by noncompliance [none]; (6) Whether the violation was committed willfully or intentionally [both willful and intentional]; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority [N/A]; and (8) The cost to the State of the enforcement procedures [1 hour staff time, certified mail postage]. The enclosed Assessment Responses Document lists the 3 options available to you in response to this penalty. Failure to exercise one of the options 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. Regardless of the option you choose, you MUST submit a renewal application if you want this discharge permit to be renewed. If you have questions regarding this matter, contact Charles Weaver of my staff at (919) 733- 5083,. extension 511. cc: Central Files Asheville Regional Office / Roger Edwards NPDES Compliance case file Sincerely, 4L fivz-,Klimek G ^, Michael F. Easley, Governor .o�CF W AT FRQG co April 13, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013552 9104 Mr. Gordon Patrizio 6 Riverbend Drive Asheville, North Carolina 28805 Dear Mr. Patrizio: William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: Notice of Violation NOV-2006-PC-0116 Failure to Renew NPDES Permit Jet Aeration System NPDES Permit # NCO085448 Buncombe County On March 9, 2006, Janet Cantwell of the Division of Water Quality inspected the jet -aeration wastewater treatment facility serving your residence. An examination of the system found the components to be in good working order. However, based upon a review of the Division's files, it was discovered that the NPDES permit for your facility had expired December 31, 2005. To date no record of an application for its renewal exists with the Division of Water Quality. Please note that this is a violation of the condition contained in Part II B.10 of the NPDES permit which requires that an application for its renewal be on file with the Division of Water Quality at least 180 days prior to its expiration. To achieve compliance, an application for renewal of the NPDES permit must be submitted to the Division of Water Quality. An application is enclosed for your use. Your immediate attention is required. As you were not home at the time of the inspection, Ms. Cantwell was unable to determine whether or not annual monitoring of the effluent had ever been conducted. Part I A.1 of the facility's permit requires annual monitoring of the effluent. Failure to do so is a violation of that condition. If effluent monitoring has not been conducted to date, it should be implemented this year. If you should have any questions or concerns, please contact Janet Cantwell at 828-296-4500. Sincerely, Roger C. Edwards, Supervisor Surface Water Protection Section cc: NPDES Enforcement w/ attachment Water Quality Central Files w/ attachment Buncombe Co. Building Inspections Dept. w/ attachment Ken Castello, Buncombe Co. Health Dept. w/ attachment No�rthCarolina Naturally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 2964500 Customer Service Internet: www.ncwaterquality.org FAX (828) 299-7043 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper United States Environmental Protection Agency Washington, D.C. 20460 EPA Form Approved. OMB No. 2040-0057 Water Compliance inspection Report 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 I Ni 2 15I 3I NCO085448 111 121 06/03/09 117 18I CI 19I SI 20III Remarks 21I1IIIIIIIIII1IIIIIIIIIIII..IIIIIIIIIIIIIIIIIIIIII6 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --------------- --------- Reserved -------- ---------- - 67I 169 70 3 I 711 I 72I N I 73I I 174 751 I I I I I I 180 t_LJ Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Gordon Patrizio 2:20 PM 06/03/09 01/09/01 Exit Time/Date Permit Expiration Date 6 Riverbend Dr Asheville NC 28805 12:35 PM 06/03/09 05/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Gordon Patrizio,6 Riverbend Dr Asheville NC 28805//828-299-9007/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Section D: Summary of Find in/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 Janet Cantwell ARO WQ//828-296-4500 Ext.4667/ i -- Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers yDa EPA Form 3560-3 (Rev 9-94) Previous editions are obso'ete. Page # 1 NPDES yr/mo/day Inspection Type NCO085448 I11 121 06/03/09 117 18ICI Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The permit expired 12/31/2005. The tablet chlorinator should be cleaned out and fresh tablets replaced. The homeowner was not at home during the inspection, so I was unable to determine whether or not annual monitoring of the effluent had been conducted. Page # 2 Permit: NCO085448 Inspection Date: 03/09/2006 Owner -Facility: Gordon Patrizio Inspection Type: Compliance Evaluation (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: Homeowner was not home at the time of inspection. The permit expired 12/31/2005. The tablet chlorinator needed to be cleaned out and fresh tablets supplied. Yes No NA NE ■n❑❑ Page # 3