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HomeMy WebLinkAboutNCG590002_LV-2024-0083 Civil Penalty Folder_20240404SintF , ,. ROY COOPER 5 � ELIZABETH S. BISER\�"^ Scrr�iary RICHARD E, ROGERS, JR. NORTH CARO'_INA Drrl, frie Environmental Quality Certified Mail # 7017 0190 0000 2486 0520 Return Receipt Requested April 4, 2024 Owen Strickland Town of Bailey PO Box 40 Bailey, NC 27807-0040 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 Pen -nit No. NCG590002 Town of Bailey Bailey Well #2 WTP Case No. LV-2024-0083 Nash County Dear Mr. Strickland: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $353.36 ($258.00 civil penalty + $95.36 enforcement costs) against Town of Bailey. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Town of Bailey for the month of December 2023. This review has shown the subject facility to be in violation of the discharge limitations and. or monitoring requirements found in NPDES WW Pen -nit No. NCG590002. The violations, which occurred in December 2023, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Town of Bailey violated the terms, conditions or requirements of NPDES WW Permit No. NCG590002 and G.S. 143-215.t(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terns, conditions or requirements of a permit required by G.S. 143-215.1(a). �� Nonh fora:i„a Drpartmrvu nfEmmmmentzl Qeialnp 6ivlslme�x tit.err Resv.:rcr. (ram/ V C Q.�/ kAI i0 kR q:—A OIferr 'N00 b., w1 LN t,0 R.,;ri�I,, Vo•tn (:a�olena'_;6fh� Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Michael Hall, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Town of Bailey: 2$ 58.00 l of 1 violations of G.S. 143-215.1(a)(6) and Pen -nit No. NCG590002, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for Turbidity 258.00 TOTAL CIVIL PENALTY $95.36 Enforcement Costs 353.36 TOTAL AMOUNT DUE Pursuant to G.S. t 43-215.6A(c), in detennining the amount of the penalty 1 have taken 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; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or duality 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 Comn>jssion 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 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new vioiation(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 14313-282.1(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 infonnation 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 remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forams 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: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Enviromnental 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 Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at kevin.fowler(a,,deq.nc.gov. Sincerely, � t /"W - -�2 y(J-Michael Hall, Regional Supervisor (j Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2024-0083 County: Nash Assessed Party: Town of Bailey Permit No.: NCG590002 Amount Assessed: $353.36 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of'Right to tin Administrative Hearing, and Stipulation of'Fac ts" 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. § 143B-282.I (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. 143B-282.I(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., (-xI)lain the steps that you took to correct the violation and prevent f tture occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation bras 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 hoi►- payment of the civil penalty it ill prevent you ftom pe, forming the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA COUNTY OF NASH IN THE MATTER OF ASSESSMEN F ) OF CIVIL PENALTIES AGAINST ) Town of Bailey ) Bailey Well #2 WTP ) DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS PERMIT NO. NCG590002 t CASE NO. LV-2024-0083 Having been assessed civil penalties totaling $353.36 for violation(s) as set forth m the assessment document of the Division of Water Resources dated April 4, 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 alter (30) days from the receipt of the notice of assessment. This the day of - .- - ADDRESS TELEPHONE SIGNATURE ,20 PERMIT: NCG590002 FACILITY; Bailey Well #2 WTP LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Date MonthNr Parameter 12/12/2023 12-2023 Turbidity ATTACHMENT A Town of Bailey CASE NUMBER: LV-2024-0083 REGION: Raleigh COUNTY: Nash Unit of Limit Calculated % Over Frequency Measure Value Value Limit Monthly ntu 50 159 21 &0 Violation Type Daily Maximum Exceeded Penalq Amoun $258.0{ DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Town of Bailev Facility Name: Bailey Well #2 WTP Permit Number: NCG590002 County: Nash Case Number: LV-2024-0083 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 documented damage to the environment, public health or private property. However, discharging effluent exceeding permit limits increases risk of adverse impacts to waters of the state. 2) The duration and gravity of the violation. Turbidity was exceeded 218% over the daily maximum limit on December 12, 2023. 3) The effect on ground or surface water quantity or quality or on air quality; The receiving stream for the authorized effluent discharge is Camp Branch (Bailey Branch), classified as C;NSW in the Neuse River Basin. The effects on water quantity or quality because of the permit limit exceedances include increased risk to impact waters of the state. 4) The cost of rectifying the damage; The cost of rectifying the damage is not documented. 5) The amount of money saved by noncompliance; Any money saved by non-compliance is de minimis. 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were 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 There has been 3 penalty assessments issued in the past 12 months to the permittee for a violation occurring at Bailey Well #2 WTP. 8) The cost to the State of the enforcement procedures. $95.36 C'cpa, t0 120 C.rr t_ %n Date /ill—Water Michael Hall, Regional Supervisor Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ q c � O u d E 7 �o LU W "N cm 6 Z a zi �` M M ram' e E E e e E e v c � vo p ii`�o10.a"a e : a a e i > i J �.1 e z 6 h U c � c .. e _ r � O e � E c o a �; �waae�.�ee az rz' e � = k m•� .�.� a a irwaC7Uv`, Lh A v',v', O 8 S 8 H gg 8 S H dmju lu j h 6 7g� m j 4p iytlpq J 0. 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'dzz z §� !� !� @■ I � � � 2 ■ - .#° s ■� �� �� e|c 2 � � 13 |!! ;!! ■!! f � `o 0 s .� 0 Z 0 a Z § ) 2 � I Q ! a � z ; ) 2 R a ! ) { / � � ) , & �£! ) ! ) � f k 7 *a®=2 ■ •&!�-e� : � ]k \{yPk¥ $ m£2SA3 )))� § t$ � � 2 2)2E \ § ■ Ls - 2= } \8ct \ ® jvAA f 3 a § a ! � % & ! g � « ^ � DocuSign Envelope ID: E6660111-3AD6-4D9A-9BD6-3E1507055405 ROY COOPER Conan) ELIZABETH S. BISER ]. _'geta! a RICHARD E. ROGERS. JR UAL (,: for Certified Mail # 7020 3160 0000 2219 3648 Return Receipt Requested Owen Strickland Town of Bailey PO Box 40 Bailey, NC 27807-0040 NORTH CAROLINA Environmental Quality February 7, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2024-LV-0132 Permit No. NCG590002 Bailey Well #2 WTP Nash County Dear Mr. Stickland: A review of the December 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter 001 Effluent Turbidity (00070) Limit Reported Date Value Value Type of Violation - 12/12/2023 50 159 Daily Maximum Exceeded A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared, rhC;v. ,m rkp 1w,9.4 In.:,­4A QAZT n:.�t.4•r nl N'nsn R.­­r,: DE � Rak;gh krgim.4 (kilk� �xNy Lr�nntllNrr' kalegh �:Mth C, ais!ir,a +:..�=1 DocuSlgn Envelope ID. E6660111-3AD6-4D9A-9BD6-3E1507055405 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 Kevin Fowler of the Raleigh Regional Office at 919-791-4200. Cc: Laserfische Sincerely, CDceuSlgnetl by: VAvjwx f. IlloA -utt, l$r B2915E$A832144F Michael Hall, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ DyM �7` M1.E rk;]11 111114.rst-1NI1nk.nl:dijnlC1) 11-11V-1WW"R!'��hnlf'i Rahiy6 k�nk+ndl Pl€kr '4iµi{1 h:.rrrU lhhr k�!clgh \nrlhi'alrsliru 2:n41 s+l'17.1I,Ah�(1 r, L y ` O m C p coN O O QI m (03 - Q� C O C m °' Lo C @ co tD to O C N C N Ip C N C i N N 0i �' (V N L to +� O a U M C tN_" co n O a N U ` j N o G1 C' 0 O m 11 1.,.1^. ro KuY W c lb cy c Q --� y ^ r- _� O a r �� .0 N O O U N m O 0 N O O a d A 81 7 r N co o a 'm � �, N cc a ,CD n ... a o� ai i >L �' ON a•V r U C�y V . °q o u m a y a Lc xm H d o C O O Gy N m CL ° a Q. U Liw 2 Q o w°U .am M d C O X m E 0 V CD C_ 4 2. L N O d C 1` O F- L U! QCn f¢ U 0 C t0 O ... d O1 N C O_ C N Er O O O Z c �p O O 0 N L 0) U v 'd O U N O V 'O m U Qj Q 41 (� j V O Y L O r ~ 0. Q N C O �p r fn m ^ U m ... w N O O N 3 .B. +N+ M C Q E r 0 a� a CD N N D U i U) V Co L �%, O CL 0 1 f6 Y o n E f> , .. o v °�° x � � 3 E U N � O •Cy c '� �rj cN _ m U O � C C .0 C � .o 'UO T� Q C L �' U Z U n U y Cl) U CL ..Y 7 tlT! : t V m W a ® •� g �►- ,n Q I In V 1. NPDES PERMIT NO.: NC0590002 FACILITY NAME: Bailey Well #2 WTP OWNER NAME: Town of Batley GRADE: PC -I eDMR PERIOD: 12-2023 (December 2023) PERMIT VERSION: 2.0 CLASS: PC- I ORC: William Edward Lamm ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Acli+ye COUNTY: Nash ORC CERT NUMBER: 994049 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO (Continue) O ffit Y 9 U F n ti < ° 5 � 2 i i4 O �Quarterly $ 01035 00070 11"1 Nlonlhly QmamMy Gmb Crab flab h1A9f.NlSE TURBIDT\' ZLNC 1400 rock Hn x400.Iock Hn \'1l/M UO niu 1. I 1 3 4 1340 0.25 Y s 6 7 1 10 II 12 64$ 0.5 Y ' S9 i3 N lS 16 17 Is to 940 025 Y 40.7 x1 n zz 23 24 2$ 26 1135 0.25 Y :1 r3017 19 31 %1-1h11 A—S. Llmit: %F-Ibly A,.r.er: 9985 D.Ily hl-i...: 159 Daily MAW-= 1403 "— No Reporting Reason; ENFRUSE - No Flow-Reuss/Recycle; ENV WTHR - No Visitation n Adverse Weather, NOFLOW - No Flow; HOLIDAY - No Visitation Holiday Discharge Monitoring Report - Copy Of Record (COR_NCG590002_Ver 1.0_12_2023.pdf) ?DES PERMIT NO.: NCG590002 ►CILITY NAME: Bailey Well #2 WTP WNER NAME: Town of Bailey RARE: PC-1 IMR PERIOD: 12-2023 (December 2023) PERMIT VERSION: 2 0 CLASS: PC -I ORC: William Edward Lamm ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER; 994049 STATUS: Submitted SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO ••• No Reporting Reason: ENFRUSE - No Flow-ReuselRecycle; ENVWTHR - No Visitation Adverse Weather; NOFLOW - No Flow; HOLIDAY - No Visitation - Holiday Discharge Monitoring Report - Copy Of Record (COR_NCG590002_Ver_1.0_12 2023.pdf) NPDES PERMIT NO.: NCO590002 FACILITY NAME: Bailey Well #2 WTP OWNER NAME: Town of Bailey GRADE: PC-1 eDMR PERIOD: 12-2023 (December2023) PERMIT VERSION: 2.0 CLASS: PC-1 ORC: William Edward Lanun ORC HAS CHANGED: No VERSION: 1.0 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 994049 STATUS: Submitted SAMPLING LOCATION: UPSTREAM DISCHARGE NO.: 001 p e s 7 a R z` e z g i uancrl Grab Tor HA" 2400,1ark ro /1 1 NOFLOW 2 NOFLOW NOFLOW 4 NOFLOW S NOFLOW 6 ,40FLOW 7 NOrLOW 0 NOFLOW 9 NOFLOW io NOFLOW it NOFLOW t2 NOFLOW 13 NOFLOW 14 NOFLOW Is NOFLOW 16 NOFLOW 17 NOFLOW Is NOFLOW 19 NOHLOW 20 NOFLOW 21 NOFLOW 22 NOFLOVI' 23 NOFLOW 24 NOFLOW 2s N01-LOW 26 NOFLOW 27 NOFLOW 28 NO> LOW 29 NOFLOW 30 NOFLOW 31 NOFLOW ?foaihly AYrraee Limic M-thly AY mg, Daily M-imam: ➢.UY NII.imom: •••' No Reporting Reason: ENFRUSE — No Flou Reuse.,Recycle: r;.NV WTHR -- No Visitation Adverse Weather; NOFLOW - No Flo%v: HOLIDAY — No Visitation — Holiday Discharge Monitoring Report - Copy Of Record (COR_NCG590002 Ver_1.0_12_2023.pdt) PDES PERMIT NO.: NCG590002 ILCILITY NAME: Bailey Well t#2 WTP WNER NAME: Town of Badcy RARE: PC-1 )MR PERIOD: 12 2023 (December 2023) OMPLIANCE STATUS: Compliant PERMIT VERSION: 2.0 CLASS: PC- l ORC: William Edward Lamm ORC HAS CHANGED: No VERSION: 1.0 CONTACT PHONE N. 2522154900 PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 994049 STATUS: Submitted SUBMISSION DATE: 01?30l2024 l_ectronically Certified by William Lamm on 2024-01-30 14:48:25.562 RCr'Certifier S.ignature:WiIIiam Lamm Phone #:2522354900 Date certify that this report is accurate and complete to the best of my knowledge. he permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. ny information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be rovided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall be made as required by part II.E.6 of the PDES permit. lectronically Signed by Rebecca Manning on _ 2024-01-30 14:49:29.355 ermittee:'Submitter Signature: •"Rebecca Manning Phone �r:252-235-4900 Date ermittee Address: O'Neal St Bailey NC 27807 Permit Expiration Date: 07131/2024 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the ystem, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, ccurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for nowing violations. AB NAME: Environmental Chemist, Inc. 'ERTIFIED LAB N: 94 ERSON(s) COLLECTING SAMPLES: William Lamm CERTIFIED LABORATORIES PARAMETER CODES 'arameter Code assistance may be obtained by visiting https:+:,deq.ne.gov:'about/divisions/Rater-resources/edmr/user-documentation. FOOTNOTES Jse only units of measurement designated in the reporting facility's NPDES permit for reporting data. No Flow[Discharge From Site: YES indicates that No Flow;Discharge occurred and, as a result, no data is reported for any parameter on the DMR for the ntire monitoring period. * ORC on Site?: ORC must visit facility and document visitation of facility as required per I SA NCAC 8G .0204. ** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B )506(b)(2)(D). Discharge Monitoring Report - Copy Of Record (COR_NCG590002 Ver 1.0 12_2023.pdf) NPDES PERMIT NO.: NCG590002 PERMIT VERSION: 2.0 FACILITY NAh1E: Bailey Well #2 WTP CLASS: PC -I OWNER NAME: Town of Bailey ORC: William Edward Lamm GRADE: PC -I ORC HAS CHANGED: No eDMR PERIOD: 12 2023 (December 2023) VERSION: 1.0 Report Comments: The turbidity exceedance on December 12 is being investigated. PERMIT STATUS: Active COUNTY: Nash ORC CERT NUMBER: 994049 STATUS: Submitted E CL � _ a § Q B Q B m � § § % E p ) 2 k k k S § § 8 li / a k f_ k S k 2 Q ` 2 e4 � - % ; $ CD a ma ® a a � 2 / R �2 k �a $ r m E \ % § 2 M 0a AE< v�1.0 CL = k aw.0 k Ln o■« $ : § § 0 LUw2 / £ b E LU cn \ § � \ to Q �B§ m q w■« N r g g co \ � C 0 w u = 4i Cl)n / q % 2 / ) CMk a. =\ ® k §ID E § 2 E . � /q ® / § a ® K ® % k § o Cl) 2 0 _ $ G & & 2 �i @ 0 •o Q IL $ % o $ $ $ $ ) § § ci § § � ¢ I _ _ 3 _ _ 2 a. k k S Q Q § \ t c ■ e ¥ § § \ & t c. C n 2 5 = a g CD � d § \ k ■ § � § \ \ © 2 o a ■ m _ 04 / no k) \ } G G co •. C. 9 2 3 Q G 2 Z g ( 2 2 d A C. § § § / & § § / q g o v a■ u z El a Permit NCG590000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES GENERAL PERMIT NO. NCG590000 - Water Treatment Plant Dischargers TO DISCHARGE BACKWASH WASTEWATERS FROM GREENSAND AND CONVENTIONAL TYPE WATER TREATMENT FACILITIES NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM N( PDES) 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage from the Environmental Management Commission to allow the discharge of treated wastewaters from iron and manganese removal processes and similar wastewaters; and water purification facilities with filter backwash, sedimentation basin washdown, and decant from water treatment in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, and III hereof. This permit shall become effective August 1, 2019. This permit shall expire at midnight on July 31, 2024. Signed this day July 31, 2019. ''Linda Culpepper, Director fOi Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 33 Pcrmit NCG590000 SECTION B._13) Conventional WTP Effluent Limitations and Monitoring Requirements - Discharges to Freshwater _,.... [ 15A NCAC 02B .0400 et seq., 02B .0500 et seq] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge treated wastewaters from filter backwash, sedimentation basin washdown, and decant from water treatment facilities to the receiving waters. Such discharges shall be limited and monitored' by the permittee as specified below. - PARAMETER EFFLUENT LIMITS MONITORING REQUIREMENTS Parameter codes Monthly Daily Measurement A � Sample Type Sample _ Average Maximum 2 Frequency Location Flow MGD 3 50050 Monitor & Re. ort See footnote 3 See footnote 3 Effluent 30.0 mgA 45.0 mgA Total Suspended Solids ^ C0530 (Exception: (Exception. 2/ Month Grab Effluent Trout Waters Trout Waters Total Residual Chlorine 5 50060 17 jylL 21 Month Grab Effluent pH 00400 6.0 s.u. s pHs 9.0 s, u. Monthly Grab Effluent 50 NTU (Exception - Turbidity 00070 Trout Waters Monthly Grab Effluent Lakes, & Reservoirs _ Total Aluminum 7 pgIL) 01105 Monitor & Re-_ort Quarterl; Grab Effluent Total Copper u �o_ 01042 Monitor & Re-:ort Quarterl} Grab Effluent Total Zinc a (pgYL 01092 Monitor & Re~ ort Quarterl) Grab Effluent Total Fluoride 9 pq/ )� 00951 Monitor & Re. ort Quarterl. Grab Effluent Total Manganese 10 t; 911_1 Monitor & Re -ort Quarterly Grab Effluent Ammonia Nitrogen " C0610 Monitor & Report Quarterly Grab Effluent Total !Nitrogen (TN)'2 (MA) C0600 Monitor & Report Quarterly Grab Effluent Total Phosphorus (TP)12 _(mg/Lj C0665 Monitor & Report Quarterly Grab Effluent Hardness - Total as [CaCO3 or (Ca + Mg)]'3 00900 Monitor & Report Quarterly Grab Effluent (mg1L) Hardness - Total as [CaCO3 or (Ca + Mg)] 00900 Monitor & Report Quarterly Grab Upstream (mglL) Whole Effluent Toxicity 16 Pass Annual! Grab Effluent Footnotes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section C.]. 2. Daily Maximum limits apply to all permittees. More stringent limitations apply to discharges to Trout and Water Supply (WS) Waters, Lakes, and Reservoirs as noted above and detailed in the footnotes below. Refer to the Certificate of Coverage (CoC) for receiving stream classifications. Page 7 of 33 SPA Permit NCG590000 3. Flows < 0.05 MGD shall sample Twice per Month and can estimate or use instantaneous flow monitoring. For instantaneous flow monitoring, the duration of the discharge must be reported on the DMR in addition to the total flow. Flows >_ 0.05 MGD shall continuously record the effluent discharge. Facilities shall use the design discharge flow as the flow value. Facilities without a design discharge flow shall define flow using the maximum value of all the monthly average discharge flows recorded during the past three years. Facilities proposing an expansion shall determine a maximum design wastewater discharge flow value as part of the facility design. 4. TSS: Permittees discharging to Trout waters shall not exceed a monthly average of 10 mg/L and a daily maximum limit of 15 mg1L. 5. TRC: Limit and monitoring requirements only apply if the facility adds chlorine or chlorine derivatives to water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50 µg/L 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 µgfL. 6. Turbidity: The Turbidity Daily Maximum effluent limit is 10 NTU for Trout waters and 25 NTU for Lakes and Reservoirs not designated as trout waters. 7. Total Aluminum: This requirement applies only to wastewater discharges from plants that use an aluminum based coagulant. 8. Total Zinc: This requirement applies only to wastewater discharges from plants that use backwash water treated with zinc orthophosphate. 9. Total Fluoride: This requirement applies only to wastewater discharges from plants that backwash with fluoridated finished water. 10. Total Manganese: This requirement applies only to wastewater discharges into water supply (WS) waters. 11. Ammonia Nitrogen: This requirement applies only to wastewater discharges from plants that use water treated with chloramines (add ammonia to chlorinated water) for backwashing. 12, TN & TP shall be monitored by facilities discharging to NSW waters or facilities with a discharge flow >_ 0.05 MGD. IN = TKN + NO3-N + NO2-N, where TKN is Total Kj eldahl Nitrogen and NO3 N + NO2-N are Nitrate and Nitrite Nitrogen, respectively. 13. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc). 14. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring coalition agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its discharge. 15. If sampling upstream is not feasible, a waiver for the upstream hardness sampling may be requested by the permittee from DWR. 16. Whole Effluent Toxicity testing shall be performed once per calendar year. See Section D. SAMPLES SHALL BE TAKEN AT THE OUTFALL BUT PRIOR TO MUCING WITH THE RECEIVING WATERS. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE AMOUNTS. Page 8 of 33