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Home My WebLink AboutNC0035149_Temporary Wavier_20160713Water Resources ENVIRONMENTAL QUALITY July 13, 2016 Mr. Jadd Brewer Facility, Representative P.O Box 1167 Banner Elk, NC 28604 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretory S. JAY ZIMMERMAN Subject: Application for Temporary Waiver from NPDES Electronic Reporting Requirements Application Status: NOT APPROVED Owner: Seven Devils Resort Facility: Seven Devils Resort RECEIVED Permit number: NC0035149 Dear Mr. Brewer: JUL -01:i Director Information Processing Unit Based on the information and/or documentation provided with the subject appqY99i8ficloas been determined that a temporary waiver from the NPDES electronic reporting requirements is not merited. To discuss the decision made with,your request, please contact John Hennessy at 919-807-6377. The subject NPDES-regulated facility must report the required NPDES monitoring data and reports electronically as prescribed in the subject NPDES permit using the state's web -based electronic reporting tool (for DMRs use the eDMR system). Information on eDMR registration is found on the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. If after reviewing the eDMR web page you have any questions related to the eDMR registration process, please contact Michele Scott with the Division's Information Processing Unit at 019-807-6429. If you have questions related to the -federal regulations requiring electronic reporting, then contact Vanessa Manuel at 919-807-6392. ncer y, John Hennessy Supervisor, Compliance and Expedited Unit Cc: Kentral nal Office Supervisor Files, NPDES correspondence file State ofNorth Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Application for Temporary Waiver from NPDES Electronic Reporting Requirements �lvl�on of Water e> NPDES Permit Number NCO035149 �ltes R�oue-tes 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. The regulations also provide that an NPDES-permitted facility may be granted a temporary waiver from the NPDES electronic reporting requirements if the reporting facility: 1. Is physically located in a geographic area (i.e., zip code or census tract) that is identified as under- served for broadband internet access in the most recent National Broadband Map from the Federal Communications Commission (FCC), or 2. Demonstrates that such electronic reporting of the discharge monitoring data would pose an unreasonable burden or expense to the NPDES-permitted facility. Temporary waivers from electronic reporting are limited to one year in duration. However, an NPDES facility may re -apply for a new temporary waiver if the conditions above are met. Re-application should be submitted to the Division no later than sixty (60) days prior to the temporary waiver's expiration. Upon the temporary waiver's expiration, if the NPDES-regulated facility did not re -apply for and receive a new temporary waiver, then the NPDES facility must report the required NPDES discharge monitoring data electronically using the NC DWR's eDMR system. Temporary waivers are waivers from electronic reporting only. An NPDES-regulated facility receiving a temporary waiver must provide the required discharge monitoring data on paper DMR forms (MR 1, 1 1 2, 3) or alternative forms approved by the Director. Failure to report is an enforceable violation of the NPDES permit. To apply for a temporary waiver from electronic reporting, please provide the following information: 1. Contact Information: Designated Facility Representative (as identified in accordance with 40 CFR 122.22) Name Position/title Mailing address City State / Zip Code Telephone number: Email address: .Tadd Brewer Signatory P.O. Box 1167 Banner Elk NC 28604 - 828-898-6277 waterqualitylabs@yahoo.com REGEIVEDI�1('itEC's/DWR 0 2. Facility Location Information: Owner name Facility name Street address or state road City State / Zip Code County MAY 2 5 2016 Seven Devils Resort Seven Devils Resort Permitting Section NCSR 1151 Foscoe NC 28607 - Watauga DWR TWER ver. 1.0 (10-13) Page 1 of 2 1� 3. Brief Explanation for Claiming a Temporary Waiver: If the space provided is not sufficient, attach the explanation on a separate sheet of paper. (500 character limit) SEE ATTACHED 4. Copy of the Relevant FCC Information Attach a copy of the relevant FCC information, from the most recent FCC report addressing such issues, identifying the zip code or census tract where the facility is located as being under -served for broadband internet access. The FCC web page is found at the following address: http://www.fcc.jzov/. 5. Applicant Certification 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. May 23, 2016 SignatureGof signated Facility Representative Date North Carolina General Statute'4 143-215.6B provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the Commission implementing this Article, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 18 U.S.C. Section 1001 provides a punishment by a fine or imprisonment not more than 5 years, or both, for a similar offense. Mail the entire Temporary Waiver application package to: NC DENR / DWR / Water Quality Permitting Section — Wastewater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note: The submission of this document does not guarantee the temporary waiver will be granted. You should receive a response from the Division within 15 business days of application. If you have questions, or to check the status of your application, contact: Vanessa Manuel, 919-807-6392 The EPA shall have the authority to review and disapprove the state's decision regarding the granting of all temporary waivers from NPDES electronic reporting. DWR TWER ver. 1.0 (10-13) Page 2 of 2 Water Quality Lab & Operations, Inc. P.O. Box 1167/ 1522 Tynecastle Highway Banner Elk, NC 28604 Ph. 828-898-6277 Fax 828-898-6255 May 23, 2016 E -DMR STATEMENT The Operator in Responsible Charge's parent company, which is a small, locally -owned business, is responsible for an excess of thirty (30) wastewater systems. For our approximately thirty (30) systems that we own or oversee operations of, under e -DMR requirements, each operator must separately log in with an individual identification to each system, rather than each operator having his or her own account for the multiple systems they are responsible for. In addition, anyone who logs in sample data (i.e. our laboratory manager conducting tests for compliance), must then also have the same separate identification and login information for each individual account. Then, the signatory who is required to certify the report must have the same individual login requirements for each system. For at least three (3) individuals, more time-consuming work is required in an already demanding field that requires the entirety of the work day, and even time on call, to properly attend to operations, maintenance and testing duties. After the individuals above have completed their respective duties and an electronic copy of the report has been submitted, the operations company must still submit the paper copies to the North Carolina DEQ that it always has. In addition, W.Q. Labs is an equal -opportunity employer that does not discriminate against its staff on the basis of age; employed with the company are several individuals over the age of 65 who are operators or backup operators and who are unfamiliar with current technology required to operate the e(DMR) system, as opposed to the current system they are already accustomed to. E-DMRs would be overly burdensome in addition to the already necessary documentation for each location, and we respectfully request a waiver for the reasons listed above. Signatory Authority Operations Manager