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HomeMy WebLinkAboutDEQp00022296NPDES tflCIL�`I AND PERMIT DATA /2.5/96 13:11:58 UPDATE OPTION Tr„{ I D 5NU KEY NC.0003573 �� AMS PERSONAL DATA FACILITY APPLYING FOR PERMIT AUG ol / REGION FACILITY NAME> DUPONT-FAYETTEVILLE COUNTY> EN 06 ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: P.O. DRAWER Z STREET: STATE HIGHWAY 87 SOUTH CITY: FAYETTEVILLE ST NC ZIP 28302 CITY: FAYETTEVILLE ST NC ZIP 28302 TELEPHONE 910 678 1155 DATE FEE PAID: 12/01/95 AMOUNT: 400.00 STATE CONTACT> NIZICH PERSON IN CHARGE MICHAEL JOHNSON 1=PROPOSED,2=EXIST,3=CLOSED 2 1=MAJOR,2=MINOR 1 1=MUN,2=NON-MUN 2 LAT: 3449540 LONG: 07849240 N=NEW,M=MODIFICATION,R=REISSUE> R DATE APP RCVD 12/04/95 WASTELOAD REQS 12/07/95 DATE STAFF REP REQS 12/07/95 WASTELOAD RCVD 04/04/96 DATE STAFF REP RCVD 02/26/96 SCH TO ISSUE 06/08/96 DATE TO P NOTICE 04/24/96 DATE DRAFT PREPARED 04/16/96 DATE OT AG COM REQS / r DATE DENIED / DATE OT AG COM RCVD / r DATE RETURNED t / DATE TO EPA t t DATE ISSUED 07/25/96 ASSIGN/CHANGE PERMIT DATE FROM EPA / r EXPIRATION DATE 05/31/01 FEE CODE ( 2 ) 1=(>10MGD),2=(>1MGD),3=(>O,1MGD),4=(<0,1MGD),5=SF,6=(GP25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 14 22 02 3E) CONBILL C ) COMMENTS: MESSAGE: DATA MODIFIED SUCCESSFULLY Stale of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Michael E. Mayberry E.I. Dupont de Nemours &: Co., Inc. P.O. Drawer Z Fayetteville, North Carolina 28302 Dear Mr. Mayberry: July 25, 1996 Subject: Permit Issuance NPDES Permit NC0003573 E.I. Dupont - Fayetteville Works Bladen County In accordance with your application for discharge permit received on December 1, 1995, we are forwarding herewith the subject State - NPDES 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 US Environmental Protection Agency dated December 6, 1983. In response to DuPont's draft permit comment letters dated June 6, 1996 and July 22, 1996, the following modifications/comments are offered: Supplement to Permit Cover Sheet - • The spelling of "neutralization" has been corrected. • The specified reference in the permit application was not found. The wastewater treatment system description has been modified as described in the Regional Office's staff report. • The description of wastewaters discharged at Outfall 002 has been revised as requested. • Designation of Outfall 004 as Outfall 003 - The compliance database does not allow an inactive outfall to be reactivated for a different wastestream. In order to avoid confusion with stormwater Outfalls 004 and 005, Outfall 006 will be specified for Nafion® ares _ ,„ treams. Outfall 001- • The outfall description now includes the Butacite® process, projects. and BCH Energy • BOD5 and TSS Limits - The flow basis for these limits was a long-te.# MGD based on the period of 1991 - 1995. The EPA guidance cited in arernlauii 992 Division memorandum was superceded by 58 Federal Register 36891, p,�93. This guidance specified using the long-term average flow when applying i es. Since flows from the more recent period of May 1994 through April 1996 are more representative of current production, limits for BODS and TSS have been revised usip 00`<<.�-` long-term average flow of 0.948 MGD." P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper • Monitoring for Total Nitrogen and Total Phosphorus - These requirements have been moved to outfall 002 since that is the combined outfall to the Cape Fear River. • OCPSF Priority Pollutant Limits - The mass limits have been revised utilizing the 0.948 MGD flow previously discussed. Outfall 002 - - Narrative - This has been modified to include Nafion® and BCH Energy Project wastestreams. • Fluoride Daily Maximum Limit - A fluoride daily maximum limit of 7,917 lb/day has been specified in the permit based on the State water quality standard of 1.8 mg/I and a wasteflow of 36,000 gpd. • Monitoring for Total Nitrogen and Total Phosphorus - These requirements have been transferred from outfall 001. • Instream Monitoring Requirements - The monitoring frequency for temperature has been corrected to weekly to match dissolved oxygen (DO) and conductivity. The reference for instream fluoride monitoring has been moved from footnote "*" to footnote ****". The upstream sampling location has been modified to Dupont's river pump station, however, DO, temperature and conductivity maintain their upstream sampling requirement designation in this permit since it is still Dupont's responsibility to provide this data even if it is measured by PWC - Fayetteville. Dupont may attach PWC's downstream sampling data with their own DMR's, or enter PWC's downstream data on Dupont's upstream DMR form in submitting this instream monitoring data. Finally, the downstream sampling location has been modified to 4500 feet downstream of Prospect Hall Landing as requested. Outfall 006 (Outfall 004 in Draft Permit) - - As discussed previously, Outfall 004 will be redesignated as Outfall 006 to avoid confusion with Dupont's stormwater outfalls. • Narrative - This has been modified to cover all Nafion® low biodegradable process wastewaters. • BODS Monitoring - This voluntary monitoring requirement has been added as requested. A monthly frequency has been specified. • Flow Limit - A monthly average flow limit of 0.036 MGD has been specified in accordance with the long-term average flow from the Nafion® process area. BODS concentration limits of 24 mg/I (monthly average) and 64 mg/I (daily maximum) have been included for this outfall as requested. • OCPSF Priority Pollutant Limits - The limits required under 40 CFR 414 Subpart J een changed from mass limits to concentration limits to ensure compliance at less t flow.. �t If any parts, measurement frequencies or sampling requirements containe . 'mss pew,6 unacceptable to you, you have the right to an adjudicative hearing upon n req�i thirty (30) days following receipt of this letter. This request must be in the form o a written petitig, conforming to Chapter 150B of the North Carolina General Statutes, and filed with th fie` o s Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27O. Unless; such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, 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 Mr. Greg Nizich at telephone number 919/733-5083, ext. 541. Sincerely, Preston Howard, , P.E. Enclosure cc: Central Files Mr. Roosevelt Childress, EPA Fayetteville Regional Office, Water Quality Section Facility Assessment Unit Aquatic Survey & Toxicology Unit Technical Assistance & Certification Group Permits and Engineering Unit ��` g0 1996 Permit No. NC0003573 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, 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, E.I. DuPont de Nemours & Company, Inc. is hereby authorized to discharge wastewater from a facility located at DuPont Automotive NC Highway 87 Duart Bladen County to receiving waters designated as the Cape Fear River in the Cape Fear 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, 1996 This permit and authorization to discharge shall expire at midnight on May 31, 2001 Signed this day July 25, 1996 X Preston Howard, Jr., P.E., Director Division of Water.Quality By Authority of the Environmental ManagementGO :�sSoq qt x S / 3a Permit No. NC0003573 SUPPLEMENT TO PERMIT COVER SHEET E.I. DuPont de Nemours & Co., Inc. is hereby authorized to: Continue to operate existing wastewater treatment facilities consisting of equalization, neutralization, aerated pre -digester tank, a nutrient feed system, an aeration tank, dual clarifiers, effluent flow measurement, a DAF unit, a rotary filter for sludge thickening, a sludge filter press and steam heated sludge dryers (001); boiler blowdown from Dupont oil -fired boilers, boiler blowdown and cooling tower blowdown from BCH Energy Project, once through cooling water, treated wastewater effluent from Outfall 001, Nafion® low biodegradable process wastewater from Outfall 006, and filter backwash discharge (002), located at DuPont Automotive, NC Highway 87, Duart, Bladen County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Cape Fear River which is classified Class C waters in the Cape Fear River Basin. \�•v/� ti i^ ``\\\�� � /moi �� I t,,: - • c� ^:�\��`� •, '��. BIW.. �./�� n1�„ , I �� .•:.' '•:��/ -J; /1 ;t �"�i-��)�1•�`.4a, �� _''j�� '\•,(I: .� > �,/ , i /;., /� ,,/.I \tea: ✓ �� �� \tet !��, ���` _��) `;� �— : ,Y.' / \%/ l de '.156 t .% •• a T I 1 - i I �� "° �1 3Z� •r i t '\I I •�.� � ��j�i lJi;i: i' 1Y. _-' 1`1 - 1' � '����n��� �.• .� iii .i �� ✓ � :f ' 1 ! 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(). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL N0003573 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 001. (Continued) Effluent Characteristics Mon. Avg Daily Max Daily Max Measurement Sample *Sample lbs/day lbs/day Frequency+ Type Location Acenapthene 0.15 0.41 Annually Grab E Acrylonitrile 0.67 1.68 Annually Grab E Benzene 0.26 0.94 Annually Grab E Carbon Tetrachloride 0.12 0.26 Annually Grab E Chlorobenzene 0.10 0.19 Annually Grab E 1,2,4-Trichlorobenzene 0.47 0.97 Annually Grab E Hexachlorobenzene 1.41 µg/1 Annually Grab E 1,2-Dichloroethane 0.47 1.46 Annually Grab E 1,1,1 -Trichloroethane 0.15 0.37 Annually Grab E Hexachloroethane 0.15 0.37 Annually Grab E 1,1-Dichloroethane 0.15 0.41 Annually Grab E 1,1,2 -Trichloroethane 0.15 0.37 Annually Grab E Chloroethane 0.72 1.86 Annually Grab E Chloroform 0.15 0.32 Annually Grab E 2 -Chlorophenol 0.22 0.68 Annually Grab E 1,2 -Dichlorobenzene 0.53 1.13 Annually Grab E 1,3 -Dichlorobenzene 0.22 0.31 Annually Grab E 1,4 -Dichlorobenzene 0.10 0.19 Annually Grab E 1,1-Dichloroethylene 0.11 0.17 Annually Grab E 1,2-trans-Dichloroethylene 0.15 0.37 Annually Grab E 2,4-Dichlorophenol 0.27 0.78 Annually Grab E 1,2-Dichloropropane 1.06 1.60 Annually Grab E 1,3-Dichloropropylene 0.20 0.31 Annually Grab E 2,4 -Dimethylphenol 0.12 0.25 Annually Grab E 2,4-Dinitrotoluene 0.78 1.98 Annually Grab E 2,6-Dinitrotoluene 1.77 4.45 Annually Grab E Ethylbenzene 0.22 0.75 Annually Grab E Fluoranthene 0.17 0.47 Annually Grab E Methylene Chloride 0.28 0.62 Annually Grab E Methyl Chloride 0.60 1.32 Annually Grab- E Hexachlorobutadiene 0.14 0.34 Annually Grab E Naphthalene 0.15 0.41 Annually Grab • E . Nitrobenzene 0.19 0.47 Annually Grab E 2-Nitrophenol 0.28 0.48 Annually Grab E 4-Nitrophenol 0.50 0.86 Annually Grab E 2,4-Dintrophenol 0.49 0.85 Annually Grab E 4,6-Dintro-o-cresol 0.54 1.92 Annually Grab E Phenol 0.10 0.18 Annually Grab E Bis(2-ethylhexyl)phthalate 0.71 1.94 Annually Grab E Di -n -butyl phthalate 0.19 0.40 Annually Grab , Diethyl phthalate 0.56 1.41 Annually :Grab f Dimethyl phthalate 0.13 0.33 Annually w Grab - Effluent Characteristics Mon. Avg Daily Max Daily Max Measurement Sample *Sample lbs/day lbs/day Frequency+ Type Location Benzo(a)anthracene 0.15 *** Annually Grab E Benzo(a)pyrene 0.16 *** Annually Grab E 3,4-Benzofluoranthene 0.16 *** Annually Grab E Benzo(k)fluoranthene 0.15 *** Annually Grab E Chrysene 0.15 *** Annually Grab E Acenaphthylene 0.15 0.41 Annually Grab E Anthracene 0.15 0.41 Annually Grab E Fluorene 0.15 0.41 Annually Grab E Phenanthrene 0.15 0.41 Annually Grab E Pyrene 0.17 0.46 Annually Grab E Tetrachloroethylene 0.15 0.39 Annually Grab E Toluene 0.18 0.56 Annually Grab E Trichloroethylene 0.15 0.37 Annually Grab E Vinyl Chloride 0.72 1.86 Annually Grab E Total PAH's * * * * * Annually Grab E *Sample Location: E -Effluent ** Total PAH's are comprised of Benzo(a)anthracene; Benzo(a)pyrene; .3,4-Benzofluoranthene; Benzo(k)fluoranthene, Chrysene, Dibenz (a,h) anthracene and Indeno (1,2,3 -ed) pyrene. *** None of these parameters shall exceed the Total PAH limit of 57.0 µg/1 + Should any annual monitoring result in detection of any OCPSF parameters contained in 40 CFR 414 Subpart I (excluding metals), then quarterly monitoring will begin immediately for the detected parameter(s). After four consecutive quarterly samples resulting in non -detection are achieved, the monitoring frequency will revert to annually. i 4 JUL 30 1996 atjj'aAI. FILES M lI'1 O p Lu 0 D O r. L 0 z c0 E Cc a 0O W W W W:D W Lu oy E;nJ G1+ O O O E °f '0 0 0 0 0 0 +� �� .. N ~ c a O a O a O a O s ��6) o c a) OC (D U U U C9 U O U ('3 !V M O C� QO U C d ..,,O 0 E v m >.> 0 0 0 0 o aOb cn C'n E�> O CY C7 o"`�' o x Ln O ��LQo ca iv � z o > Q C � 04'Z3 J C/1 ZO O v OA V O C) o ° 0 c Z too :z .. Y 0 at � � .+ cr) Z o cmL Z L � L N CU co p o CO . Q^-P.Q c � �� 0 a� a m >(LZ 0 o �_ ,1 y w 30 0 y 7t, 'a 00 Q 04 W Li F- m 0 L D Imo— Fes- 0 r'. a� U b Q 0 W L" CIO O, S CA cd >, cd b C/1 co CC a) a) CI CA Q 9F a a� H M M O y C O "W U W O bOD-0 +n J Z V 7 O :.d O � — 4+ O a o ..0 �cn F o N cd aa) U O O C OEow ate.. cd V Y! L ;C p C O O LL CIA OA cl m O b sem. U O �L � O t 4) w cd > Q Wt: E � co O O N O a N O G Z x m x b� to Q �� � a O z 0 c .. �z . V. z aLr- C .- U o C COD c co IEr3�-.I c LO cn M ZR 7 30 Q y 0 O W LL m A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL N0003573 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 006 (Nasion® low -biodegradable process wastewaters). (Continued) Effluent Characteristics Daily Max Monthly Avg Measurement Sample *Sample (ug/1) (ug/1) Frequency+ Type Location Acrylonitrile 232 94 Annually Grab E Benzene 134 57 Annually Grab E Carbon Tetrachloride 380 142 Annually Grab E Chlorobenzene 380 142 Annually Grab E 1,2,4-Trichlorobenzene 794 196 Annually Grab E Hexachlorobenzene 256 196 Annually Grab E 1,2-Dichloroethane 574 180 Annually Grab E 1,1,1 -Trichloroethane 59 22 Annually Grab E Hexachloroethane 794 196 Annually Grab E 1, 1 -Dichloroethane 59 22 Annually Grab E 1,1,2 -Trichloroethane 127 32 Annually Grab E Chloroethane 295 110 Annually Grab E Chloroform 325 111 Annually Grab E 1,2 -Dichlorobenzene 794 196 Annually Grab E 1,3 -Dichlorobenzene 380 142 Annually Grab E 1,4 -Dichlorobenzene 380 142 Annually Grab E 1,1-Dichloroethylene 60 22 Annually Grab E 1,2-trans-Dichloroethylene 66 25 Annually Grab E 1,2-Dichloropropane 794 196 Annually Grab E 1,3-Dichloropropylene 794 196 Annually Grab E Ethylbenzene 380 142 Annually Grab E Methylene Chloride 170 36 Annually Grab E Methyl Chloride 295 110 Annually Grab. E Hexachlorobutadiene 380 142 Annually Grab E Nitrobenzene 6402 2237 Annually Grab E 2-Nitrophenol 231 65 Annually Grab E 4-Nitrophenol 576 162 Annually Grab E 2,4-Dintrophenol 4291 1207 Annually Grab E 4,6-Dintro-o-cresol 277 78 Annually Grab E Tetrachloroethylene 164 52 Annually Grab E Toluene 74 28 Annually Grab E Trichloroethylene 69 26 Annually Grab E Vinyl Chloride 172 97 Annually Grab E *Sample Location: E -Effluent + Should any annual monitoring result in detection of any OCPSF parameters contained in 40 CFR 414 Subpart J (excluding metals), then quarterly monitoring will begin immediately for the detected parameter(s). After four consecutive quarterly samples resulting in non -detection are achieved, th monitoring frequency will revert to annually.. ,may ✓^ JUL x01996 , CENZRpL PART I 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. T 4, �•. 1Plw� 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART H STANDARD CONDITIONS FOR NPDES PERMITS ' 7.07 ,• : •1• s The Director of the Division of Environmental Management Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. �u Used herein means the North Carolina Environmental Management Commission. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq. u � /��. u �s�•�, r a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily'discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported This limitation is defined as "Annual Average" in Part I of the permit Part 11 Page 2 of 14 a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration", is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part L f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through Die 3l1L s® 1996 Part II Page 3 of 14 a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1%24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of now. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples *collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the :Clean Water Act 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act The permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who Imowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref.- Section Ref:Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000 violation may be assessed against any person who violates or fails to act in the terms, conditions, or requirements of a permit [Ref: North 11113 § 143-215.6A] d. Any person may be assessed an administrative penalty by the AdmM§Iragliifd?vir 6fit—ing section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condi tione��rr limitation implementing any of such sections in a permit issued under se nal 2i Act Administrative penalties for Class I violations are not to exceed $10,p6 violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000: Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps -to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on 'Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may - be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. N. -i • ri• . • 1 .J11t •. 1 . 1 The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part 11 Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; . (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Author - .v r jUL 0 1996 Vito Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "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." This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. XV -701-114--7-4 Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A.0202. The ORC of the facility �musvvisit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. Wass (2) Unanticipated bypass. The permittee shall submit notice of an unanti required in Part II, E. 6. of this permit. (24 hour notice). u` 196 d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforce%%*viii h against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part lI Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being Properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit (4) The permittee complied with any remedial measures required under Part H, B. 2. of this Permit d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. MWIT40", , Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part 11 Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. - •)•- � 1 Y. • . �� • Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. 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. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 Appropriate flow measurement devices and methods consistent with accepted -scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part II Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(8), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Except for records of monitoring information required by this permit related to the perminee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements, b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used, and f. The results of such analyses. Part H Page 12 of 14 8. Inspection and Ena The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING R1PQJ UREM,ENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anddp ated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. b °�L s0 1996 Part II Page 13 of 14 This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part H, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. -! #A . V rem ; ,#II I a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Page 14 of 14 Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. "�M AUL �4 1996. PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued 11=0 . - \) • 1 . 1 The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. I If M=1 17-701 is Colo M11 -TOM UB = UrUT.1 I OJIM The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part M Permit No. NC0003573 E. This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. F. The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. G. CHRONIC TOXICITY PASS/FA11L PERMIT LRvff (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 3.3% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT -1 (original) is to be sent to the following addres - Attention: Environmental Sciences Branch• North Carolina Division of t �p 1996 Environmental Management JV 4401 Reedy Creek Road Raleigh, N.C. 27607�,v�� Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noneompliance with monitoring requirements. H. The permittee may submit data one year after permit issuance to the Division of Environmental Management requesting the Division to re-evaluate the monitoring frequencies for certain parameters in this permit. I. Waiver of Instream Monitoring Instream monitoring (locations 'U' & 'D' at outfall 002) shall be waived upon the permittee submitting a copy of the signed Cape Fear River monitoring plan agreement to the Division along with a request to drop instream monitoring requirements. CENTRAL FILES PART IV ANNUAL ADMINTISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. .JUL 80 1996 TRAL FILES ' 2000 copies of this poUic doement were printed at a cost of #554.00 or ;.28 each. DuPont Automotive P.O. Drawer Fayetteville, NC 28302 4W DuPont Automotive Q0 M June 5, 1996 VIA COURIER Mr. Gregory Nizich NC DEHNR - DEM Water Quality Section - Permits Unit 512 N. Salisbury St. - Office 925 Raleigh, NC 27626 RE: NPDES Permit No. NC0003573 Comments to Draft Permit Dear Mr. Nizich, The following are the requested changes to the Draft of the NPDES Permit dated April 17, 1996. Each requested modification is addressed as a separate section. SUPPLEMENT TO PERMIT COVER SHEET In Item 1, "neutralizaion" should be "neutralization". Also, the facility description should be changed to the following, as was described in the NPDES application: " ... equalization, a nutrient feed system, two aeration tanks in series, clarification,..." In Item 1, we request that the description for Outfall 002 be changed to: " boiler blowdown from DuPont oil -fired boilers, boiler blowdown and cooling water tower blowdown from BCH Energy Project, once through cooling water, treated wastewater effluent from Outfall 001, Nafion® low biodegradable process wastewater from Outfall 003, and filter backwash discharge (002)". In Item 1, we request that the designation of Outfall 004 be changed to 0 t wording for Outfall 003 be changed to: " Nafion® low biodegradable process wastewater (003)" a 0 1996 (For details of this request, see the two separate sections titled "Outfall 004 - Outf411 Mt ier Designation" and "Outfall 003 [Previously Outfall 004] Narrative Modification"") E. I. du Pont de Nemours and Company ® Printed on Recycled Paper FF -9522 Rev 5/93 Mr. Gregory Nizich Page 2 DEHNR-DEM June 5, 1996 OUTFALL 001- NARRATIVE MODIFICATION The narrative given for Outfall 001 in both the current NPDES Permit and the draft of the NPDES Permit renewal does not accurately describe the discharge. The Butacite® process wastewater is not referenced in the narrative, even though that wastewater constitutes more than 89% of the total flow to the Wastewater Treatment Plant (WWTP). Also, the WWTP receives several additional process wastewater streams which were not included. We therefore request that the narrative of Outfall 001 be modified to read: " the Permittee is authorized to discharge from outfall(s) serial number 001 (Sanitary Wastewater, Demineralizer Regeneration Wastewater, Process Wastewater from Butacite® Area, Process Wastewater from Nafion® Area, Process Wastewater from Dymetrol® Company, and BCH Energy Project's Cooling Tower Clean-out Drain)." OUTFALL 001- BODS AND TSS MONTHLY AVERAGE AND DAILY MAXIMUM The proposed Outfall 001 Monthly Average and Daily Maximum limits for both BODS and TSS have been decreased by an average of 9.7%. It is assumed that the basis for these new limits was the long-term average flow rate for Outfall 001 of 0.853 MGD as reported in the NPDES Permit application. This long-term flow rate is not representative of the recent wastewater flows through our Wastewater Treatment Plant (WWTP), therefore a higher flow rate for Outfall 001 should be used to establish the BODS and TSS limits. The long-term Outfall 001 flow rate of 0.853 MGD was for the period from 1/92 through 6/95. However, Figure 1 shows that the Outfall 001 monthly average flow rate from 1/92 through 4/96 has been increasing, due to increases in our production rates during this period. Table 1 gives the Daily Average and Daily Maximum Flows for Outfall 001, as well as a summary of the long- term average for both the application period of 1/92 through 6/95, and the mo period of 5/94 through 4/96. The long-term average flow rate for the period of Mo was 0.929 MGD. 1. JUL 30 1996 Additionally, in your file memorandum dated November 23, 1992, which explained the basis for the permit limitations for BODS and TSS established for the current NPDES P(GT"4 F&P that per EPA guidance, the limits are determined by using the highest monthly average- flow. , during the last 12 months. For the period from 5/95 through 4/96, the highest monthly average flow for Outfall 001 was 1.006 MGD (see Table 2). Mr. Gregory Nizich DEHNR-DEM June 5, 1996 Page 3 Using the 1.006 MGD highest monthly average flow for Outfall 001, and the concentration limits established by 40 CFR 414.41, the Monthly Average and Daily Maximum limits should be as follows: Table 2 and Table 3 show the sorted monthly average values for Outfall 001 for both the past 12 months and the past 24 months, respectively. Table 2 and Table 3 are represented graphically in Figure 2 and Figure 3 respectively. As these tables and graphs indicate, the 1992-1995 long-term average daily flow rate for Outfall 001 of 0.853 MGD was exceeded 67% of the months during the past 12 months, and 83% of the months during the past 24 months. Therefore, using the 1992-1995 long-term average flow rate as the basis for the BODS and TSS mass discharge limits for the five year life of the permit could result in the an unacceptable number of noncompliances. Also, it was recently announced that the site's Butacite® manufacturing area will increase its capacity by 15% within the next three years. This will result in an increase of 121,000 gal/day of the Butacite® process wastewater flow to the WWTP. Since 98% of the measured COD in the WWTP influent comes from Butacite®, this 15% capacity increase will result in a corresponding 15% increase of the organic loading to the WWTP. It is expected that this increased loading may result in some additional discharge of BODS and TSS in the treated effluent of Outfall 001. Updated wastewater balance sheets are attached which reflects the long-term average flow of Outfall 001 from May 1994 through April 1996, and includes the additional 121,000 gal/day from the above capacity increase of the Butacite® manufacturing process. The average OCPSF process wastewater flow from this water balance sheet is 0.948 MGD going to t, Therefore, we request that the Outfall 001 limits for BODS and TSS be det `' med by using either the 1.006 MGD highest monthly average flow during the past twelve months,J 4Lb9QlsI* the long-term average flow of 0.948 MGD from the attached water balance sheets. CENTRAL FILES `±` Subpart D (§414.41) BPT Effluent Limitations Monthly Average Concentration (m /L) Monthly Average Mass Discharge (lb/da) Daily Maximum Concentration (m ) Daily Maximum Mass Discharge (lb/day) BODS 24 201.3 64 536.9 TSS 40 335.6 130 1090.7 Table 2 and Table 3 show the sorted monthly average values for Outfall 001 for both the past 12 months and the past 24 months, respectively. Table 2 and Table 3 are represented graphically in Figure 2 and Figure 3 respectively. As these tables and graphs indicate, the 1992-1995 long-term average daily flow rate for Outfall 001 of 0.853 MGD was exceeded 67% of the months during the past 12 months, and 83% of the months during the past 24 months. Therefore, using the 1992-1995 long-term average flow rate as the basis for the BODS and TSS mass discharge limits for the five year life of the permit could result in the an unacceptable number of noncompliances. Also, it was recently announced that the site's Butacite® manufacturing area will increase its capacity by 15% within the next three years. This will result in an increase of 121,000 gal/day of the Butacite® process wastewater flow to the WWTP. Since 98% of the measured COD in the WWTP influent comes from Butacite®, this 15% capacity increase will result in a corresponding 15% increase of the organic loading to the WWTP. It is expected that this increased loading may result in some additional discharge of BODS and TSS in the treated effluent of Outfall 001. Updated wastewater balance sheets are attached which reflects the long-term average flow of Outfall 001 from May 1994 through April 1996, and includes the additional 121,000 gal/day from the above capacity increase of the Butacite® manufacturing process. The average OCPSF process wastewater flow from this water balance sheet is 0.948 MGD going to t, Therefore, we request that the Outfall 001 limits for BODS and TSS be det `' med by using either the 1.006 MGD highest monthly average flow during the past twelve months,J 4Lb9QlsI* the long-term average flow of 0.948 MGD from the attached water balance sheets. CENTRAL FILES `±` Mr. Gregory Nizich Page 4 DEHNR-DEM June 5, 1996 OUTFALL 001- OCPSF PRIORITY POLLUTANT LIMITS The Outfall 001 OCPSF Priority Pollutants are from the table contained in 40 CFR 414 Subpart I (§414.91), which lists the parameters in terms of concentration limits to be applied to the process wastewater flow. It appears that the flow used to determine the mass (lb/day) limit of the OCPSF parameters was 0.832 MGD, although the source of that flow value is not clear. Therefore, we request that the Outfall 001 OCPSF Priority Pollutants mass limit be determined either by using the past twelve months highest Outfall 001 Monthly Average flow of 1.006 MGD, or by using the average OCPSF process wastewater long-term flow of 0.948 MGD from the attached water balance sheets. OUTFALL 002 - NARRATIVE MODIFICATION The narrative given for Outfall 002 in the draft of the NPDES Permit renewal does not accurately describe the discharge. This outfall receives the treated wastewater effluent from the site's Wastewater Treatment Plant (Outfall 001) and the new direct discharge of the Nafion® low biodegradable wastewater (Outfall 003), however these streams are not included in the draft narrative. Also, the wording of the boiler blowdowns could be misinterpreted. Finally, there is no mention of the blowdown from the BCH Energy Project's cooling water tower. Therefore, we request that the narrative of Outfall 002 be modified to read: " the Permittee is authorized to discharge from outfall(s) serial number 002 (boiler blowdown from DuPont oil -fired boilers, boiler blowdown and cooling water tower blowdown from BCH Energy Project, once through cooling water, treated wastewater effluent from Outfall 001, Nafion® low biodegradable process wastewater from Outfall 003, and filter backwash discharge)." OUTFALL 002 - FLUORIDE DAILY MAXIMUM LIMIT A project has recently been approved which will result in a 250% increase of the Nafion® HFPO s process' capacity. This expansion is needed to meet the growing market i fluorochemicals produced in the Nafion® manufacturing area. JUL 34 1996' Gl RTPAt mis Mr. Gregory Nizich DEHNR-DEM June 5, 1996 Page 5 The fluoride discharge measured at Outfall 002 comes entirely from the Nafion® manufacturing area. With the 250% expansion of the HFPO process, and the subsequent fluorocarbon materials produced from HFPO, there will be a corresponding increase of fluorides at Outfall 002. At this time, there are no economically feasible alternatives of disposal, reclamation, or recycling of the fluoride containing process wastewaters. As part of our continual waste minimization effort, we will seek out means of reducing these fluoride containing wastewater streams, however none are currently foreseen. Figure 4 shows the increasing amount of fluoride discharge at Outfall 001 from 1992 to 1996, expressed as a Monthly Average. Figure 5 gives the daily discharges of fluoride at Outfall 001 from 1993 to 1996. Figures 6 and 7 are scaled up versions of Figures 4 and 5, and represent the respective Monthly Average and Daily Maximum fluoride discharges at Outfall 001 anticipated after the start-up of the expanded HFPO process. As can be seen from these two graphs, while the average fluoride discharge remains below the current permitted Daily Maximum limit of 5,000 lb/day fluoride on a monthly basis (Figure 6), the variability of the individual results on a daily basis (Figure 7) would potentially cause frequent noncompliances of the current Daily Maximum limit. Therefore, due to the anticipated increase of fluoride discharge, we request that the Outfall 002 Fluoride Daily Maximum limit be changed to 7,676 lb/day, which is approximately equal to this site's long-term NPDES Permit Daily Maximum limit of 7,663 lb/day, which was in effect until the issuance of the current permit in 1993. The requested Daily Maximum limit is the numerical water quality standards, per North Carolina Title 15A Rule .0211(3)(1)(vii), for fluoride (1.8 mg/L) at the 7Q10 flow (791 cfs) of the Cape Fear River, as determined by: (791 ft3/sec)(86,400 sec/day)(62.41b/ft3)(1.8 mg/L) = 7,676 lb/day Fluoride (1,000,000 mg/L) OUTFALL 004 - OUTFALL NUMBER DESIGNATION Per DuPont - Fayetteville Works request, a new outfall was established to allow fo�qs t discharge of low biodegradable Nafion® process wastewaters. This direct d�scharg� designated as Outfall 004 in the draft NPDES Permit. ' JUL 30 19961 curwrpA . FILES Mr. Gregory Nizich DEHNR-DEM June 5, 1996 Page 6 This site also has an NPDES Stormwater Discharge Permit issued by NC-DEHNR. In that stormwater permit, an Outfall 004 was established to monitor the stormwater run-off from an area between the Nafion® manufacturing area and the Cape Fear River. To eliminate the obvious confusion which would result from two different outfalls with the same designation, we request that the direct discharged Nafion® process wastewater outfall be re- designated as Outfall 003. This site did have a permitted Outfall 003 until the issuance of the 1993 NPDES Permit, at which time it was eliminated. However, given the three years since any monitoring or reporting of the original Outfall 003, we do not believe giving this designation to the Nafion® process wastewater outfall would result in any confusion for either our site nor DEHNR. Note: For the remainder of this letter, the subject outfall will be referred to as Outfall 003. OUTFALL 003 (previously OUTFALL 004) - NARRATIVE MODIFICATION The draft permit's narrative for Outfall 003 states that the outfall is authorized to "discharge... Nafion® scrubber and Nafion® waste gas scrubber wastewater". The basis for this description comes from the physical testing and aquatic toxicity testing results submitted to DEHNR to show that these two streams could be direct discharged to the Cape Fear River without adverse acute or chronic aquatic toxicity and with less than detectable BODS value in the direct discharge. However, this description is too restrictive and does not allow for the site to identify the other low biodegradable Nafion® process wastewater streams and direct discharge thereby optimizing the effectiveness of the site's Wastewater Treatment Plant. We therefore request that the narrative for Outfall 003 be modified to read: JUL 80 1996 "the Permittee is authorized to discharge from outfall(s) serial number 003 (Nafion® low L FILES biodegradable process wastewaters)." CENT pox.:>..:. �, , •,.>�......... To allow this site and DEHNR to adequately monitor the Nafion® process wastewater -streams of Outfall 003 and confirm compliance with the wording of the requested narrative, we are further requesting that a voluntary BODS monitoring requirement and limitation be added for Outfall 003, thereby guaranteeing that Nafion® biodegradable wastewaters which should be treated in the site's WWTP will not be discharged via Outfall 003 (see next section). Mr. Gregory Nizich DEHNR-DEM June 5, 1996 OUTFALL 003 (previously OUTFALL 004) - DAILY AVERAGE FLOW LIMIT Page 7 The draft NPDES Permit's Outfall 003 discharge limitation is a Monthly Average flow limit of 0.011 MGD. We feel that this limitation is too restrictive, and does not adequately ensure that wastewaters which should be treated in the site's WWTP would not be direct discharged via Outfall 003. Therefore, we request that the Outfall 003 Monthly Average flow limitation be set at the Nafion® long-term average flow of 36,000 gal/day. It is the intention of this site to identify other Nafion® low biodegradable wastewater streams which could be direct discharged, and through a multi -phased project, route those streams into the direct discharge of Outfall 003. It is our belief that almost all of the Nafion® process wastewater streams are virtually void of any BODS value, and hence could be direct discharged, thereby reducing the hydraulic loading of the WWTP. We wish to have the flexibility in the NPDES Permit to allow for the direct discharge of those streams, without being restricted by the proposed average flow of the Nafion® HFPO Process Scrubber and the Nafion® Waste Gas Scrubber (i.e. 11,000 gal/day). The Nafion® process wastewater long-term average flow is 36,000 gal/day, all of which could potentially be direct discharged, so if a Daily Average flow limit must be applied to Outfall 003, we request that it be the full 0.036 MGD. To ensure that the Outfall 003 discharge meets the requirement of the requested narrative modification (see previous section), we request that a voluntary BODS limit be added to the monitoring and discharge limitation requirement of Outfall 003, based on Best Professional Judgment (BPJ) and using the BODS limitation of Subpart D of 40 CFR 414, which is the applicable OCPSF effluent guideline used at the WWTP effluent of Outfall 001. The BODS limits of Subpart D are a Monthly Average limit of 24 mg/L and a Daily Maximum limit of 64 mg/L. We therefore request that these BODS concentration limits be established for Outfall 003, with a monitoring frequency of "monthly". By using the BODS cor c�ritratfon1imits in lieu of mass limits, the direct discharged Nafion® wastewater will be guaranteed to be "low 3 biodegradable" water, regardless of the flow quantity. JUL 30 1996 Combining the requested limitations, it is clear that the Outfall 003 discharge would be permitted d�ES to be a very minor discharge. At the requested maximum flow rate of 36,000 gag Ta t requested Monthly Average limit of 24 mg/L BODS, the maximum Outfall 003 average mass .• discharge would be 7.2 lb/day BODS. Mr. Gregory Nizich DEHNR-DEM June 5, 1996 Page 8 OUTFALL 003 (previously OUTFALL 004) - OCPSF PRIORITY POLLUTANT LIMITS Due to the uncertainty of the timing or quantity of the eventual flow to Outfall 003, the basis for the mass discharge limits of the 40 CFR 414 Subpart J OCPSF priority pollutants may be in question. The limits of the OCPSF parameters in the draft NPDES Permit were based on an Outfall 003 flow of 0.011 MGD. We request that the Outfall 003 OCPSF parameters mass discharge limit (lb/day) be changed to a concentration limit (µg/L) using the BAT effluent limitations given in the table of §414.101 in Subpart J. In this manner, the OCPSF parameters will be limited by the concentration listed in §414.101 regardless of the flow of Outfall 003, and would also be limited by the requested Outfall 003 maximum Monthly Average flow of 0.036 MGD. 6Y1 k,I 1►,I /II .7.1 We feel that with the requested modifications, the renewed DuPont -Fayetteville Works NPDES Permit will be a document which will protect the environmental health of the Cape Fear River, and at the same time will allow this site to grow and meet our business needs, and thereby enhance the future employment opportunities for Cumberland, Bladen, and Robeson Counties. Should you have any questions or need further clarification or information on any of the above items, or wish to arrange a meeting to discuss any of these requests, please feel free to contact me at (910) 678-1155. Michael E. Johnson Environmental Coordinator Enclosures JUL 30 1996 MEMO DATE: TO: ��P.ci /�/ 1 �% 7C%l/\ SUBJECT: Montfort (,(, L) e4l 71ha4- 6u PO -4* `AS jjeeo an pck�4(,C-lj000l I'll GoA t:►avt awlQic� -Af- d(►si/►ar erS iyt 744r5 11 is A0 1 G �`S r'o � ► (' e,M "4- `% CrC q j(C, %�i Gin l � V C— `fes J are, r'P-coir, �sr,o�(, /7 arm ff,40�lxl Sin S (6% 1/tnP� kvta-tic) }� o y�i-e.r cz From: North Carolina Department of Environment All Health, and Natural Resources eg Ilited- oh ecycled Papersv Q.L.