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HomeMy WebLinkAboutNC0020354_LV-2024-0101_Chatham Park Water Recovery Center_20240426ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 1148 Return Receipt Requested Timothy R. Smith, Vice President C/O Robin R. Rose Chatham Park Investors LLC 105 Weston Estates Way Cary, North Carolina 27513 ` STATt o °r NORTH CAROLINA Environmental Quality April 26, 2024 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES WW Permit No. NCO020354 Chatham Park Investors LLC Chatham Park Water Recovery Center Case No. LV-2024-0101 Chatham County Dear Permittee: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $364.77 ($233.00 civil penalty + $131.77 enforcement costs) against Chatham Park Investors LLC. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Chatham Park Investors LLC for the month of September 2023. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0020354. The violations, which occurred in September 2023, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Chatham Park Investors LLC violated the terms, conditions or requirements of NPDES WW Permit No. NCO020354 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Nnrth-1 Deparinxm of"M'-- al Qualm Y I N"A' n( LYal er Rrc -- RaMylt"e wd OiTk<; 3800 Wr-t Drier I Rde196. No, tir Carolina 27609 919.Ni.4200 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa E. Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Chatham Park Investors LLC: 233.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0020354, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Dep-. Q - Concentration 233.00 TOTAL CIVII. PENALTY 131.77 Enforcement Costs 364.77 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 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 violation(s). Please submit payment to the attention of: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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 information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties Waiver of Ripht 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 forms should be submitted to the following address: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (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 Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date.'time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at cheng.zhang@deq.nc.gov. Sincerely, Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc: Laserfiche Case Number: Assessed Party: Permit No.: JUSTIFICATION FOR REMISSION REQUEST LV-2024-0101 Chatham Park Investors LLC NC0020354 County: Chatham Amount Assessed: $364.77 Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CHATHAM IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Chatham Park Investors LLC ) Chatham Park Water Recovery Center ) PERMIT NO. NCO020354 ) CASE NO. LV-2024-0101 Having been assessed civil penalties totaling $364.77 for violation(s) as set forth in the assessment document of the Division of Water Resources dated April 26, 2024, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Chatham Park Investors LLC CASE NUMBER: LV-2024-0101 PERMIT: NCO020354 FACILITY: Chatham Park Water Recovery Center LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 B - Effluent Violation Report Date Month/Yr Parameter 9/28/2023 9-2023 BOD, 5-Day (20 Deg. C) - Concentration REGION: Raleigh COUNTY: Chatham Unit of Limit Calculated % Over Violation Penalty Frequency Measure Value Value Limit Type Amount 5 X week mg/I 7.50 9.8 30.7 Daily $233.0( Maximum Exceeded DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Chatham Park Investors LLC Facility Name: Chatham Park Water Recovery Center Permit Number: NC0020354 County: Chatham Case Number: LV-2024-0101 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No known damage to environment, public health or private property 2) The duration and gravity of the violation; 30•-4*/o evez 14,E Ae,, Ay,. 'f G.,%A One daily maximum exceeded for BOD. 3) The effect on ground or surface water quantity or quality or on air quality; Not documented. 4) The cost of rectifying the damage; Not documented. 5) The amount of money saved by noncompliance; It is not believed that any money was saved by these violations. Any money saved by noncompliance is de minimis 6) Whether the violation was committed willfully or intentionally; It is not believed that the violations were committed intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been 6 CPAs in the past year. 8) The cost to the State of the enforcement procedures. $131.77 ZY- Date Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ O O O O O O W W W Oi W yN O O_ O_ O_ O_ O_ > > > > > > h G O O 3+ a Z a i o i - w w w N f7 O b y y E E e e e e = c c 0 0 s a o z 0 2 � e r � c °aE aamoOo`2 cEzP zz �� 0 zeed .gy m w o 0 ° ° i s 0 k. I. aUU'A&n 92 C 3' 0 U 0 d m a S �5 S w $ S � Q y g 3 rn or o o� o or o r r r Eyy � �Ea yo id .3 d y �Ea y F1 �3 FI y ,Ea Yo Ff .2 Ff > r >a r > r h 9 0 a m a m mu a m mu a. m OO O o r O o r o r g3 fA H E > d 59 Q G. m G m m a m m a m c zz ye bb r r M r dd e'. i�t m a m I m iu m l § m e. m 0 or � or o qr >a >a > N r r •r ,m �oaaa mzzz d an udCO o'A H cou m o_r_ o m U S > E EEE CCCL' - O O ij O H � > > m m L.Jiu Co CO Lja m m U m b U QQ QQ QQ •ao. S og S S S uo 55�� gg Q5� Q U•ao, g35So $ o QQ Qg QQ QQ Qg Qg U`aoSHS25SSS Q ..1 4: � z n H N St N y py p p p z v� 'K aN HHHfA fA fNA y z vi vi vi vi vi vi vi vi �N {;qNM HHHM O S o wt� �� O �QQ�ff r h $ g $ a M HHH � $$voi voi tNoV 8 VSy�� 6 HHH MH y H � 88S oNNryotV a H yH NNKN N g; p p N p O i 9 i p i QQ qq Z r Z r 9 0 0 0 0 0 0 0 '� o 0 0 0 0 0 0 IE •� o 0 0 0 0 0 0 Ez e aa .,000 00, oig coo �i0ff 2 e VI��_ ovlo oco ovlo oco v V vv V a-_155 5v vv 6 tt __ 3❑ a a- a n a D O 0999 �s 0 0 a a a p' m i i 007 U C0 0 f f �007 0 ii 0, 8100'p,a O G coo- p o 0 o o = v At n At At At At 000-n o c ooc = V At At At At At 000-�+o .. o 00 00-= V At n At nl q / )!fj )ff§ \ �\ \\ \ }\ § } § § DIM G4q aa& q a w4a a cm; 6 � §�6 §6 �~ ± a j 2 j fff ) ! ± � \ !cl ! | § 4 } q q )fff )!7! 2 ) « ) 2 � 2 k \ } $ k LLL k ] ] ) 4aM � ,aqa q ,aaa q / f / a S LLU k k ff , (k `}ƒ6 JE° 2 . t\ � §fff « ) � lm;a; o6 6-� �a k� , { \ ) e ° k;) ) � \} k!! / / { ) k { J R\ \ ! ! d \ � ■ | / ! 7 ]) mLLLH ) ± f £ . u§Bh jj ;$7 r � ) _ -�,;� Cdzz o �G! . � ! \ ■ ) % � k § f! 2 ® § G t k November 27, 2023 North Carolina Department of Environmental Quality Division of Water Resources Attn: Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 RE: Notice of Violation & Intent to Assess Civil Penalty Tracking Number: NOV-2023-LV-0860 Chatham Park Recovery Center Chatham County Dear Ms. Manuel: This letter is in response to the NCDEQ-DWR letter of November 21, 2023 regarding the violation that was identified through the review of discharge monitoring reports (DMRs) for the September 2023 monitoring period. The letter identified one exceedance for this period and was identified as Daily Maximum Exceeded for BOD, 5-Day (20 Deg. C) — Concentration (C0310). This exceedance can be attributed to the low flow and the inability to perform efficient treatment at the low flows experienced by the facility. The average flow for this period was 21,000 gallons per day which is less than 5 percent of permitted flow, which leads to treatment inefficiencies. Effluent sampling results for the day previous were < 2.0 mg/L and the day following 2.2 mg/l., with no operational changes or modifications to plant operations. With an increase in flow, the plant will be able to more efficiently provide adequate and efficient treatment. Thank you again for continuing to work with the Chatham Park Water Recovery Center. We look forward to working with NCDEQ-DWR in a very positive and proactive manner as we continue to improve the facility's environmental stewardship. If upon receipt and review of this information you have any questions or would like to discuss this matter at greater length, please do not hesitate to contact me at your earliest convenience at (910) 409-8717 or Tim Smith at (919) 481-3000. Sincerely, McKim & Creed v A/a James W. Holland, PE Process Group Leader cc: Tim Smith File DocuSign Envelope ID: 5D76241A-OBF4-481A-AO53-7D1409377CDF ROY COOPER Governot ELIZABETH S. BISER Secr'etur) RICHARD E. ROGERS. JR. Director Certified Mail # 7017 2680 0000 2237 3369 Return Receipt Requested Timothy R. Smith, Vice President C/O Robin R. Rose Chatham Park Investors LLC 105 Weston Estates Way Cary, North Carolina 27513 .. SIATp �/ 3'F NORTH CAROLINA Environmental Quality November 21, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2023-LV-0860 Permit No. NCO020354 Chatham Park Water Recovery Center Chatham County Dear Permittee: A review of the September 2023 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter 001E Effluent BOD, 5-Day (20 Deg. C) - Concentration (C0310) Limit Reported Date Value Value Type of Violation 9/28/2023 7.5 9.8 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. t+iar,+'irsa kpmvnent o!En: mini nndtjunloy ! fti+klnnof Waty N—curvr D_RACI,;h keq:owl 0111" 33006ma! uii,p,IR31,fyh,hortl!Candlun_>ti!bl DocuSign Envelope ID: 5D76241A-OBF4-481A-AO53-7D1409377CDF If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the Raleigh Regional Office at 919-791-4200. Cc: Laserfiche Sincerely, DocuSigned by: E ta� X f. halw.d 82916E6AB32144F Vanessa E. Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Nwrh iaro'ina Mp ,Iln t of ry . Sl:::xr»n,+:`Waur Re,'v— _..»D ��� Rat;igh Reg:onat011ke l3:l00&Wfelt odvc Raleigh Noahch 141a2""09 41•i Toi J2U0 USPS Tracking® FAQs > Tracking Number: Remove X 70172680000022373369 Copy Add to Informed Delivery (hops://informeddelivery.usps.com/) Latest Update Your item was delivered to the front desk, reception area, or mail room at 12:06 pm on December 1, 2023 in CARY, NC 27513. Get More Out of USPS Tracking: USPS Tracking Plus® Delivered Delivered, Front Desk/Reception/Mail Room CARY, NC 27513 December 1, 2023, 12:06 pm Departed USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 29, 2023, 8:54 pm Arrived at USPS Regional Facility RALEIGH NC DISTRIBUTION CENTER November 28, 2023, 10:24 pm Hide Tracking History What Do USPS Tracking Statuses Mean?(https://faq.usps.com/s/article/Where-is-my-package) Text & Email Updates u USPS Tracking PlusO Product Information See Less ^ -n (D a EFFLUENT Permit No.: NCO020354 Discharge No.: 001 B Month: September Year: 2023 Facility Name: CPWRC County: Chatham Class: III Operator In Responsible Charge (ORC): Scott Siletzky Grade: IV ORC Certification # 24383 Certified Laboratories: (1) Meritech (2) Check box if ORC has changed 0 Person(s) Collecting Samples: Scott Siletzky Mail ORIGIONAL and ONE Copy to: DWO / NCDENR ��' 10 a3 'ds Information Processing Unit (Signature of Operator in Responsible 01 rg) Da 1617 Mail Service Center By this signature, I certify that this report Is accurate and D�Isi..L. AI/' n-7cnn 4^11 • \4V1 „ .� �, vva- v r com fete to the best of mY knowled e �_ 50050 82220 C0310 C0530 C0610 50060 00400 00010 00300 31616 m N _ V c O r :� o o Tao U v ZCl) C (1)`a4 rn r_ N `- O O F- c W LL N � (0 c 2 wO N ND O c C 0 7 U) = (A C C L = O" CL p U U N aE O� 0r O ONE �� O (n E V E > -6w E O w oW m 0 Q H N a a) 0 LL (9 v HRS HRS YMMF MGD MG mg/L mg& mg/L pg/L Units T mg/L CU100 mis 1 8:00 3.5 B 1 0.017 2.8 <2.5 -< 0.1 7.6 25.0 7.4 3 2 N 1 0.019 3 N 1 0.014 4 H N 1 0.017 Holiday 5 8:30 3.0 Y 0.024 1 3.8 < 2.5 < 0.1 7.6 24.6 7.3 < 1 6 7:00 4.0 B 0.022 2.3 3 < 0.1 7.4 24.5 7.6 1 7 8:30 3.5 B 0.024 2.4 5 < 0.1 7.5 23.9 7.4 1 8 8:30 3.5 Y 0.022 2.3 3 < 0.1 7.5 24.5 7.7 < 1 9 N 0.031 10 N 0.013 11 8:30 7.0 Y 0.017 2.6 < 2.5 < 0.1 7.5 24.7 7.3 6 12 8:30 3.5 Y 0.020 < 2.0 < 2.5 0.3 7.5 24.6 7.1 1 13 8:30 1 2.5 Y 0.016 1 -2.6 3 <0.1 7.3 24.7 7.7 5 14 8:00 1 3.5 Y 0.021 2.3 3 < 0.1 7.3 25.0 7.5 2 15 8:00 1.4.0 Y 0.023 1 2.1 4 < 0.1 7.3 24.6 7.4 3 16 1 N 0.005 17 N 0.020 18 8:30 1 3.5 Y 0.027 5.0 3 < 0.1 T 7.4 24.2 7.4 2 19 8:30 1 3.0 Y 0.018 <2.0 <2.6 <0.1 7.5 24.1 7.5 <1 20 8:30 1 3.0 Y 0.026 2.9 < 2.6 < 0.1 7.5 24.8 7.7 < 1 21 8:30 1 3.5 Y 1 0.026 < 2.0 3 < 0.1 7.5 •24.2 7.9 1 22 8:30 1 3.0 Y 0.020 < 2.0 3 0.1 7.5 24.1 7.5 1 23 1 N 0.038 24 12:301 1.0 Y 0.026 25 8:30 1 3.0 Y 0.015 2.0 < 2:5 < 0.1 T4 23.9 7.5 < 1 26 8:30 1 3.5 Y 0.025 < 2.0 < 2.5 < 0.1 7.4 23.6 7.7 < 1 27 8:30 1.2.5 Y 0.027 < 2.0 < 2.5 < 0.1 7.4 23.7 8.1 < 1 28 8:30 1 2.5 Y 0.025 9.8 < 2.5 < 0.1 7.4 23.9 7.9 < 1 29 8:30 2.5 Y 0.025 2.2 < 2.5 < 0.1 7.5 23.6 7.2 1 30 N 0.020 T #VERAGE 0.021 2.3 1.5 0.02 24.3 7.5 2 MAXIMUM 0.038 0.643 9.8. 1 5 0.3 1 7.6 25 8.1 6 C0,44 fA1 UM � 0.005 Continous < 2.0 < 2.5 < 0.1 7.3 23.6 7.1 41 (G) Calculate4 C C C G G G G G Monthly Limit 0.499 Mc3D M&R 5.0 mg/L 30 mg/L 1.0 m 50 u /L 6-9 s.u. WR M&R 200/100 ml Facility Status: (Please check one of the following) All monitoring data and sampling frequencies meet permit requirements: Compliance All monitoring data and sampling frequencies do NOT meet permit requirements: Noncompliance If the facility is non -compliant please comment on corrective actions being taken in respect to equipment, operation, maintenance, etc., and time table for improvements to be made. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submittes is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, Including the possibility of fines and imprisonment for knowing violations" 2261 Bus-64 Pittsboro, NC 2731 Address) 00010 Temperature 00076 Turbidity 00080 Color(Pt-Co) 00082 Color(ADMI) 00095 Conductivity 00300 Dissolved Oxygen 00310 BOD5 00340 COD 00400 pH 00530 Total Suspended Residue 00545 Settleable Matter 00556 Oil & Grease Scott A. Si print (Signature Parameter Codes 777-1781 Number) 00600 Total Nitrogen 01027 Cadmium 00610 Ammonia Nitrogen 01032 Hexavalent Chromium 00625 Total Kleldahl Nitrogen 01034 Chromium 00630 Nitrates/Nitdtes 01037 Total Cobalt 00666 Total Phosphorus 01042 Copper 00720 Cyanide 00745 Total Sulfide 00927 Total Magnesium 00929 Total Sodium 00940 Total Chloride 00951 Total Flouride 01002 Total Arsenic 01045 Iron 01051 Lead 01067 Nicke! 01077 Silver 01092 Zinc 01105 Aluminum 01147 Total Selenium April 30, 2026 (Permit Exp. Date) 31616 Fecal Colitorrn 32730 Total Phenol 34235 Benzene 34481 Toluene 38260 MBAs 39516 PCBs 50050 Flow 50060 Total Residual Chlorine 71880 Formaldehyde 71900 Mercury 81551 Xylene Parameter Code assistance may be obtained by calling the Water Quality Compliance Group at (919)773-5083, Extension 581 or 534. The monthly average for Fecal Coliform is to be reported as a GEOMETRIC MEAN Use only units designated in the reporting facility's permit for reporting data. "ORC must visit facility and document visitation of facility per 15A NCAC 8A.0202 (b)(5)(B). "if signed by other than permittee, delegation of signatory authority must be on file with the state per 15A NCAC 28.0506 (b)(2)(D). v d d 0) Q7 0) m M of O O O o N 0 N Cl) O 0 (o O n O I- O r O n O n O n O y A 4) CD N N .- N N ('7 N O N c M O a0 N N (i ci N — co N co (O It 00 U) E m E 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z 0 z a 0 0 O 0 o 0 o 0 O 0 O 0 O C. o 0 O o O O O O 0 O 0 0 0 0 o 0 O 0 o 0 0 O o 0 0 0 o O O o co C C o N C (O N d 10 3 co IQ 00 Cl) � � Cl) n N O O O n n (n0 Cn0 o m F a rn r> Cl) to n It 0) N n n o Co vi �(i (o v (o of co 0) (o Cl)ri (o Cl) m Cl) M o Nt C U) U) U) U) N U) N U) W) U) N U) 1-m U) U) m U) N U) U) U) M U) t U) O n V 00 d E O\ Cl) Q 0 O N C x E O O K Q C O N C 7 E ` w m Q c V M C W = _ 3 O U n CD« 0 N_ � O O J Q E O to 6q in O co O to �J{ v lL mod, Q o 0) (D o 0 ` o 0 zo L W 0= wco y 0 Q co Q o 0 y y m 0 N N m u7 Q) � m C N cor Go _- d O W E 0 E >. 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V Cq O N O N c0 U �p fj Q V DocuSign Envelope ID:3D7E3FEB-A3FF-4FF6-AIAD-F59B27FOD696 NPDES Permit NCO020354 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Pittsboro and Chatham Park Investors LLC are hereby authorized to discharge wastewater from a facility located at the Town of Pittsboro WWTP 458 Small Street Chatham County Chatham Park Water Recovery Center 2261 US Highway 64 Business East Chatham County to receiving waters designated as Robeson Creek and the Haw River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, and IV hereof. This pen -nit shall become effectiN e.............................. This permit and the authorization to discharge shall expire at midnight on Signed this day ......................... May 5, 2021. DocuSigned by: � � A� � �y (�� � � A C464631431644FE ................ June 1, 2021. .............. April 30.2026. for S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 25 NPDES Permit NC0020354 Chatham Park Investors LLC is hereby authorized to: 1. After receiving an Authorization to Construct from the Division for both the activation of the existing Chatham Park WRC (formerly known as the Chatham Park Decentralized Water Resource Recovery Facility) as a direct discharge facility and the connection of necessary sewer line to the Town of Pittsboro's collection system for discharge through Outfall 001B, operate an existing 0.499 MGD treatment system consisting of the following components: • Raw wastewater transfer pump station • Influent pump station • Mechanical bar screens • Influent three-way splitter box • Odor control • Chemical feed system • Phosphorous removal • Four -stage biological membrane bio reactor system • Intermediate screening • Membrane filtration • Sludge holding tank • Ultraviolet disinfection • Chlorine disinfection for reclaimed water • Reclaimed water holding tank • Reclaimed water pump station • Effluent flow measurement • Effluent pump station The facility is located at the Chatham Park WRC, 2261 US Highway 64 Business East, Pittsboro in Chatham County. 2. Discharge from said treatment works at the location specified on the attached map into Robeson Creek (0.499 MGD, outfall 001B), classified as WS-IV NSW waters in the Cape Fear River Basin. NOTE: The use of "Permittee" in this permit generally refers to both Co-Permittees, which share responsibilities for the discharge. However, it may refer to one Co-Permittee or the other, depending on the context. All Co-Permittees are jointly liable for violations of this permit, regardless of any and all external Agreements between parties. External agreement conditions do not override or supersede regulatory conditions. Page 3 of 25 DocuSign Envelope ID: 3D7E3FEB-A3FF-4FF6-AIAD-F59B27FOD696 NPDES Permit NCO020354 A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001B [15A NCAC 02B .0400 et seq., 02B .0500 et sea.] Grade III Biological Water Pollution Control System [15A NCAC 08G .0302] (a.) Beginning upon receipt of engineer's certificate for the construction of the sewer connection to the Pittsboro WWTP and the activation of the Chatharn Park Water Recovery Center, and lasting until permit expiration, Chatham Park Investors LLC is authorized to discharge treated wastewater from Outfall 001B to Robeson Creek. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETER ParameterCode EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Z Flow 50050 0.499 MGD Continuous Recording I or E Total Monthly Flow, MG/month 82220 Monitor and Report Monthly Recorded or Calculated I or E BODs (20°C)3 C0310 (April 1 - October 31) 5.0 mg/L 7.5 mg/L Daily4 Composite I and E BODs (20°C)3 C0310 (November 1 - March 31) 10.0 mg/L 15.0 mg/L Daily4 Composite I and E Total Suspended Solids3 C0530 30.0 mg/L 45.0 mg/L Daily4 Composite I and E Ammonia (NH3 as N) C0610 1.0 mg/L 5.0 mg/L Daily4 Composite E Total Residual Chlorines 50060 17 pg/L Daily4 Grab E pH6 00400 Between 6.0 and 9.0 standard units Daily4 Grab E Temperature, °C 00010 Monitor and Report Daily Grab E Dissolved Oxygen, mg/L6 00300 Monitor and Report Daily4 Grab E Fecal Coliform6 31616 (geometric mean) 200/100 mL 400/100 mL Daily4 Grab E Conductivity 00094 Monitor and Report Daily4 Grab E TKN, mg/L 7 00625 Monitor and Report Weekly Composite E NO3-N + NO2-N, mg/L 7 00630 Monitor and Report Weekly Composite E TN, mg/L 7 C0600 Monitor and Report Weekly Composite E TN Load e.9 QM600 QY600 Monitor & Report (lb/mo) Monitor & Report (lb/yr) Monthly Annually Calculated E Total Phosphorus, mg/L C0665 2.0 mg/L (quarterly average)'" Weekly Composite E TP Load 11.9 QM665 QY665 Monitor & Report (lb/mo) Monitor & Report (lb/yr) Monthly Annually Calculated E Nitrate 00620 10.2 mg/L Monthly Composite E Total Copper 01042 18.5 pg/L 1 26.7 pg/L Monthly Composite E TDS 70295 Monitor and Report Quarterly Composite E Total Hardness [as CaC031, 00900 mg/Lll Monitor and Report Quarterly Composite E Chronic Toxicity12 TGP3B See Note 12 Quarterly Composite E Effluent Pollutant Scan NC01 Monitor and Report Footnote 13 E All footnotes are listed on the following page. Page 8 of 25 NPDES Permit NCO020354 Footnotes from Effluent Limitations and Monitoring Requirements (Outfall 001B): 1. The Permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (13.) 2. Sample locations: I = Influent; E = Effluent 3. The monthly average BOD; and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 4. Upon decommissioning of the Pittsboro WWTP, and upon Division approval of a submitted data review and monitoring frequency reduction justification for each parameter, begin sampling for BOD5, TSS, ammonia, total residual chlorine, pH, dissolved oxygen, fecal coliform and conductivity at a monitoring frequency of 3/week. The frequency reduction could be for one or more or all parameters. 5. Total Residual Chlorine limit applies if chlorine or chlorine derivative is used for disinfection. The Division shall consider all effluent TRC values reported below 50 µg/1 to be in compliance with this permit. The Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory even if these values fall below 50 µg/l. 6. Effluent sampling for fecal coliform, pH and dissolved oxygen shall be conducted at the manhole sampling location just prior to combination of flow with the Pittsboro WWTP. Upon decommissioning of the Pittsboro WWTP, effluent sampling for dissolved oxygen shall instead be conducted at the cascade aerator, just prior to discharge into Robeson Creek and effluent sampling for fecal coliform and pH shall be conducted at the remaining Pittsboro WWTP UV disinfection channel. 7. TN = TKN + NO,-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 8. TN or TP Load is the mass quantity of Total Nitrogen or Phosphorus discharged in a given period of time. See Condition A. (9.). 9. Limits for TN and TP are specified in Conditions A.(5.) and A.(6.). Compliance with mass limits shall be determined in accordance with Conditions A.(7.) and A.(8.). 10. The quarterly average for total phosphorus shall be the average of composite samples collected weekly during each calendar quarter (January -March, April -June, July -September, October -December). 11. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc). 12. Chronic Toxicity (Ceriodaphnia) P/F at 90%; March, June, September & December. See Condition A.(10.). 13. The Effluent Pollutant Scan requirement applies once the facility exceeds a design flow of 1.0 MGD, establishes a pretreatment plan, or connects to Big Buffalo WWTP. The Permittee shall perform three effluent pollutant scans during the term of this permit [see condition A. (11.)]. (b.) There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 9 of 25