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HomeMy WebLinkAboutDEQp00021295F WArF O�0 RQG Michael F. Easley Governor rWilliam G. Ross, Jr., Secretary —1 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality May 25, 2007 Mr. Michael E. Johnson Environmental Manager E.I. DuPont de Nemours & Company 22828 NC Hwy 87 W Fayetteville, North Carolina 28306-7332 Subject: NPDES Permit Issuance Permit No. NC0003573 Fayetteville Works Bladen County Dear Mr. Johnson: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). The following modifications from your draft permit are included in the final permit: • Sampling frequency for conductivity was corrected to weekly. • The waiver for instream sampling that was inadvertently omitted in the draft permit is included in the footnotes for Outfall 002. • Monthly monitoring for PFOA was added to outfall 002 to gather effluent and instream data for this parameter. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any . other Federal or Local governmental permit that may be required. NorthCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/100/6 Post Consumer Paper , Permit No. NCO003573 Fayetteville Works WWTP Page 2 If you have any questions concerning this permit, please contact Teresa Rodriguez at telephone number (919) 733-5083, extension 553. Sincerely, "AV � 4r'. Alan W. Klimek, P.E. Cc: NPDES Files Fayetteville Regional Office - Surface Water Protection Aquatic Toxicology Unit EPA Region 4 I Permit NC0003573 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER (,QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, E.I. DuPont de Nemours & Co. is hereby authorized to discharge wastewater and stormwater from a facility located at DuPont - Fayetteville Works 22828 NC Highway 87 Duart Township 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. The permit shall become effective July 1, 2007. This permit and the authorization to discharge shall expire at midnight on October 31, 2011. Signed this day May 25, 2007. Alan W. Klimek, P.E., Direefor Division of Water Quality By Authority of the Environmental Management Commission Permit NC0003573 SUPPLEMENT TO PERNUT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. 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; • nutrient feed system; • aeration tank; • dual clarifiers; • effluent flow measurement; • tertiary filters • DAF unit; • rotary filter for sludge thickening; • sludge filter press; and • steam heated sludge dryers. 2. Discharge treated process wastewater from Butacite, Nafion, Teflon® PMDF, and PVF, process stormwater, sanitary wastewater, and co -neutralized regenerate from said treated facilities through internal outfall 001; Discharge stormwater, non -contact cooling water, boiler blowdown and condensate, and treated wastewater effluent from 001, through outfall 002 at the location specified on the attached map into the Cape Fear River, a class C water in the Cape Fear River Basin. , Permit NC0003573 A. (1) EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting through the expiration date, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Daily Maximum Average Measurement Sample Sample Frequency Type Location Flow (MGD) 2.0 Continuous Recording Effluent BODS, 200 C 191.3 lbs/day 508.2 lbs/day 3/Week Composite Effluent Total Suspended Solids 317.8 lbs/day 1030 lbs/day 3/Week Composite Effluent Temperature Weekly Grab Effluent Oil & Grease Monthly Grab Effluent Chronic Toxicity See Note 1 Quarterly Composite See Note 1 pH Between 6.0 and 9.0 Standard Units 3/Week Grab Effluent 40 CFR 414 Subpart I See Condition A. (2) Notes: 1. Chronic Toxicity (Ceriodaphnia) P/F ® 3.3% February, May, August, November; see condition A. (4) of this permit. The compliance monitoring point for chronic toxicity shall be downstream of the confluence of outfall 001 and 002. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. "M ado .. ff Permit NC0003573 A. (2) EFFLUENT LBUTATIONS AND MONITORING REQUIREMENTS - SUBPART I Beginning on the effective date of this permit and lasting through the expiration date, the Permittee shall comply with the limitations and monitoring frequencies established below at outfall 001: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average' Daily Maximum' Measurement Frequency Sample Type Sample Location Acenaphthene 0.174 0.465 See Note 2 Grab Effluent Acenaphthylene 0.174 0.465 See Note 2 Grab Effluent Acrylonitrile 0.757 1.909 See Note 2 Grab Effluent Anthracene 0.174 0.465 See Note 2 Grab Effluent Benzene 0.292 1.073 See Note 2 Grab Effluent Benzo(a)anthracene 0.174 0.465 See Note 2 Grab Effluent 3,4-Benzofluoranthene 0.181 0.481 See Note 2 Grab Effluent Benzo(k)fluoranthene 0.174 0.465 See Note 2 Grab Effluent Benzo(a)pyrene 0.181 0.481 See Note 2 Grab Effluent Bis(2-ethylhexyl) phthalate 0.813 2.201 See Note 2 Grab Effluent Carbon Tetrachloride 0.142 0.300 See Note 2 Grab Effluent Chlorobenzene 0.118 0.221 See Note 2 Grab Effluent Chloroethane 0.821 2.114 See Note 2 Grab Effluent Chloroform 0.166 0.363 See Note 2 Grab Effluent 2 -Chlorophenol 0.245 0.773 See Note 2 Grab Effluent Chrysene 0.174 0.465 See Note 2 Grab Effluent Di -n -butyl phthalate 0.213 0.450 See Note 2 Grab Effluent 1,2 -Dichlorobenzene 0.608 1.286 See Note 2 Grab Effluent ,3 -Dichlorobenzene 0.245 0.347 See Note 2 Grab Effluent 1,4 -Dichlorobenzene 0.118 0.221 See Note 2 Grab Effluent ,1-Dichloroethane 0.174 0.465 See Note 2 Grab Effluent 1,2-Dichloroethane 0.536 1.665 See Note 2 Grab Effluent 1,1-Dichloroethylene 0.126 0.197 See Note 2 Grab Effluent 2-trans-Dichloroethylene 0.166 0.426 See Note 2 Grab Effluent 2,4-Dichlorophenol 0.308 0.884 See Note 2 Grab Effluent 2-Dichloropropane 1.207 1.815 See Note 2 Grab Effluent ,3-Dichloropropylene 0.229 0.347 See Note 2 Grab Effluent Diethyl phthalate 0.639 1.602 See Note 2 Grab Effluent 2,4 -Dimethylphenol 0.142 0.284 See Note 2 Grab Effluent Dimethyl phthalate 0.150 0.371 See Note 2 Grab Effluent 6-Dinitro-o-cresol 0.615 2.185 See Note 2 Grab Effluent 4-Dinitrophenol 0.560 0.970 See Note 2 Grab Effluent 4-Dinitrotoluene 0.892 2.249 See Note 2 Grab Effluent 2,6-Dinitrotoluene 2.012 5.057 See Note 2 Grab Effluent Ethylbenzene 0.252 0.852 See Note 2 Grab Effluent V a PermitNC0003573 A. (2) SUBPART I REQUIREMENTS (CONTINUED) Beginning on the effective date of this permit and lasting through the expiration date, the Permittee shall comply with the limitations and monitoring frequencies established below at outfall 001: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Avera el Daily Maximum' Measurement Frequency Sample ___Iype Sample Location Fluoranthene 0.197 0.536 See Note 2 Grab Effluent Fluorene 0.174 0.465 See Note 2 Grab Effluent Hexachlorobenzene 0.5 gg/L Annually3 Grab Effluent Hexachlorobutadiene 0.158 0.387 See Note 2 Grab Effluent Hexachloroethane 0.166 0.426 See Note 2 Grab Effluent Methyl Chloride 0.679 1.499 See Note 2 Grab Effluent Methylene Chloride 0.316 0.702 See Note 2 Grab Effluent Naphthalene 0.174 0.465 See Note 2 Grab Effluent Nitrobenzene 0.213 0.536 See Note 2 Grab Effluent -Nitrophenol 0.323 0.544 See Note 2 Grab Effluent -Nitrophenol 0.568 0.978 See Note 2 Grab Effluent Phenanthrene 0.174 0.465 See Note 2 Grab Effluent Phenol 0.118 0.205 See Note 2 Grab Effluent Pyrene 0.197 0.529 See Note 2 Grab Effluent Tetrachloroethylene 0.174 0.442 See Note 2 Grab Effluent Toluene 0.205 0.631 See Note 2 Grab Effluent 2,4-Trichlorobenzene 0.536 1.105 See Note 2 Grab Effluent 11,1 -Trichloroethane 0.166 0.426 See Note 2 Grab Effluent 1,1,2 -Trichloroethane 0.166 0.426 See Note 2 Grab Effluent Trichloroethylene 0.166 0.426 See Note 2 Grab Effluent Vinyl Chloride 0.821 2.114 See Note 2 Grab Effluent Notes: 1. All units are lbs/day unless otherwise noted. 2. Monitoring for the specified parameters has been waived based on a demonstration made by the Permittee in accordance with 40 CFR 122.44(a)(2)(i). This waiver is good only for the term of the permit. Please note that any exceedence of the effluent limitations found herein shall be considered a permit violation subject to appropriate enforcement action. 3. The most sensitive analytical method available shall be employed for determining the presence of hexachlorobenzene in the effluent. N Permit NC0003573 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting through the expiration date, the Permittee is authorized to discharge from Outfall 002 (boiler blowdown, once -through cooling water, and treated wastewater from outfall 001) Such discharges shall be limited and monitored by the Permittee as specified below: Notes: 1. Upstream shall be at the Permittee's river pump station; downstream shall be at the boat ramp approximately 4500 feet downstream at Prospect Hall Landing. As a participant in the Cape Fear River Basin Association, the instream monitoring requirements as stated above are waived. Should your membership in the agreement be terminated, you shall notify the Division immediately and the instream monitoring requirements specified in your permit shall be reinstated. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 3. Daily shall be defined as every day except Saturdays, Sundays, and legal holidays. Instream temperature sampling shall be conducted weekly. 4. The samples for fluoride shall be taken downstream of the 001 discharge, unless or until, all neutralized Nafion area streams are discharged entirely into the cooling water outfall, 002. Instream fluoride monitoring shall be conducted monthly and shall coincide with effluent monitoring. 5. PFOA (Perfluorooctanoic acid) - The Cape Fear River water intake may be sampled for PFOA on a monthly basis and reported as an upstream parameter in DWQ Form - MR -3. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. EFFLUENT LIMITATIONS MONITORING REQUIREMENTS PARAMETER Monthly Daily Maximum Measurement Sample Sample Average Frequency Type Location' Flow (MGD) Continuous Recording Effluent Effluent, Temperature, °C See Note 2 Daily3 Grab Upstream, Downstream BODS, 20°C Quarterly Composite Effluent COD Quarterly Composite Effluent Effluent, Fluoride4 7917lbs/day Weekly Grab Upstream, Downstream Dissolved Oxygen Weekly Grab Upstream, Downstream PFOA5 Monthly Grab Effluent Total Phosphorus Monthly Composite Effluent Total Nitrogen (NO2+NO3+TKN) Monthly Composite Effluent Conductivity Weekly Grab Upstream, Downstream pH Between 6.0 and 9.0 Standard Units 3/Week Grab Effluent Notes: 1. Upstream shall be at the Permittee's river pump station; downstream shall be at the boat ramp approximately 4500 feet downstream at Prospect Hall Landing. As a participant in the Cape Fear River Basin Association, the instream monitoring requirements as stated above are waived. Should your membership in the agreement be terminated, you shall notify the Division immediately and the instream monitoring requirements specified in your permit shall be reinstated. 2. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 3. Daily shall be defined as every day except Saturdays, Sundays, and legal holidays. Instream temperature sampling shall be conducted weekly. 4. The samples for fluoride shall be taken downstream of the 001 discharge, unless or until, all neutralized Nafion area streams are discharged entirely into the cooling water outfall, 002. Instream fluoride monitoring shall be conducted monthly and shall coincide with effluent monitoring. 5. PFOA (Perfluorooctanoic acid) - The Cape Fear River water intake may be sampled for PFOA on a monthly basis and reported as an upstream parameter in DWQ Form - MR -3. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. R Permit NC0003573 A. (4) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) — OUTFALL 001 The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3.3%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed 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. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase Il Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the months in which tests were performed, using the parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally, DWQ Form AT -3 (original) is to be sent to the following address: Attention: Environmental Sciences Section North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality 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, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. JUN -6 07 N M A. (5) RE -OPENER CONDITION Permit NC0003573 This permit shall be modified, or revoked and reissued to incorporate additional 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. A. (6) BIOCIDE CONDITION The permittee shall not use any biocide 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 Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. NPDES Permit Standard Conditions • Page I of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Averacre The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. By ass 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. Calendar Day 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. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time intervals between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: 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 (3) Variable time/constant volume: 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 preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 8N/2006 NPDES Permit Standard Conditions Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more 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 intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed sig hours nor the number of samples less than four during a 24-hour sampling period Continuous flow measurement Flow monitoring that occurs 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. LWky Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non -toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval - Daft SamahLn Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. FMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or `'< [detection levelJ') shall be considered = L Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 8/12006 NPDES Permit Standard Conditions Page 3 of 16 Monthly Averagesconcentration limit The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe prow� 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 excludes economic loss caused by delays in production. Toxic Pollutant. Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. set An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Aver (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during.the calendar week In the case of fecal coliform, the geometric mean of such discharges. ction B. General Conditions L Duty to Com ly 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 [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 3O7(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 section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 4O2(a)(3) or 4O2(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 4O2(a)(3) or 402(6)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 8/1!2006 NPDES Permit Standard Conditions Page 4 of 16 d. Any person who knmvingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iu) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 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. [40 CFR 122.41 (a) (3)] 2. Duty to Mirka The Permittee shall take all reasonable steps to minimise 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 [40 CFR 12241 (d)]. 3. Civil and Criminal Liabjjy Except as provided in permit conditions on 'Bypassing" (Part H. C. 4), "Upsets" (Part H. C. 5) and "Power Failures" (Part H. 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 4. Oil and Hazardous Substance Liability 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- 5. uspended 5. RM= R�iQhts 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 [40 CFR 12241 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or faalities or the undertaking of any work in any navigable waters. 7. SeverabiIi Version 8/1!2006 NPDES Permit Standard Conditions Page 5 of 16 The provisions of this permit are severable. 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 [NCGS 150B-231. 8. Duty to Provide Information 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 by this permit [40 CFR 122.41 (h)]. 9. Duty to Reap 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 [40 CFR 122.41 (b)]. 10. Expiration of 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. 11. Si ,matory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: p) 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, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where 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 [40 CFR 122221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if - 1. f1. 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 Authority [40 CFR 122.22] Version 8/111006 NPDES Permit Standard Conditions Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 12222]: 'I codify, 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 property gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons dirediy 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 Use information, including the possibility of fines and imprisonment for knowing violations.' 12 Permit Actions 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 [40 CFR 12241 (f)]. 13. Permit Modification. Revocation and Reissuance. or Ternnination 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 14. Annual Administerim and Compliance Monitorinetr Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within 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) (2) may cause this Division to initiate action to revoke the permit. Section C Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: . a. . Within 60 calendar days prior to wastewater being introduced into a new system Versron 811/2006 NPDES Permit Standard Conditions Page 7 of 16 b. Within 120 calendar days of ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. 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 Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense 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 [40 CFR 122.41 (C)]- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] 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 b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (� 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 effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action 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 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 b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. LJpsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met No determination made during administrative review of claims that Version 8/12006 NPDES Permit Standard Conditions Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. 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 H. E. 6. (b) of this permit (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 12241 (n) (4)): The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances 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 143-2151 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 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 503. The Permittee shall comply with applicable 40 CFR 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. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 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. Section D. Monitoring and Records ftresentative Sampl- 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 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 [40 CFR 12241 G)]. 2. $oorrigg Monitoring results obtained during the previous month(s) shall be summarised for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, Ll, 2, 3) or alterative forms approved by the Director, postmarked no later than the last calendar day of the month 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: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mad Service Center Raleigh, North Carolina 27699-1617 Vembn 81/M NPDES Permit Standard Conditions Page 9 of 16 3. Flow Measurements 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 is 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 discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturers pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et seg.), 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 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 [40 CFR 122.41). 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 pen -nit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting, level) approved method must be used. 5. Penalties for Tamp�rin$ 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 [40 CFR 122.41). 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee'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 ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. Ibis period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: 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; Version 8/1/2006 NPDES Permit Standard Conditions Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Infection and Entry 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 Petmittee'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 Pmt; 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 [40 CFR 122.4101 ]. Section E ReVr 'ng Reguitements L 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 Chars The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 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 subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 12242 (a) T. c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, 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. An�pated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit 140 CFR 122-410) (2)]. 4. Transfers 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 permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring&p_= Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (I) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2) 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 this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR Version 8/ rM NPDES Permit Standard Conditions Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public 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 [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. 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 [40 CFR 122.41 (i) (7)]. 8. Other Information 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 [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification 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 within 5 days following first knowledge of the occurrence. 10. Availability of Rep= 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. 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 143-2151(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports 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 Version W112006 NPDES Permit Standard Conditions Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Peunit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater MonitodmW The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): 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"; (I) One hundred micrograms per liter (100 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five 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 pg/L); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. ,Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall 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 altematives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent Version 811/2006 NPDES Permit Standard Conditions Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART N SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: I. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal ControI of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40'C (104°F) unless the Division, upon request of the POTW, approves alternate temperature Emits;. f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version W12006 NPDES Permit Standard Conditions Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits f,IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Verson 8/MM NPDES Permit Standard Conditions Page IS of 16 • NPDES Permit Standard Conditions Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (8IU). nese analytical results must be reported on Industrial Data Summary Forms (MSF) or other specific format approved by the Division; - e.) Qjajufb=jd= Copies of the POTWs allocation table, new or modified enforcemetit compliance schedules, public notice of SIUs in SNC, and any other lafoaxiation, upon reqtiest, which in the opinion of the ID6cior is. needed to determine coniphince with the pretreatment implementation roqurements of this P=mk 11. Public Notice The Permittee shall publish wnudl a list of Significant Industrial Users (SMs) that were in Significant Non-Comphatice (SNC) as defined is the Pmxmtods Division-2pproved Sewer Use Orduumce with applicable pretreatment requirements and standards during the previous twelve mouth period. This list shall be published with= fixx months of the applicable twelve-montliperiod. 14. Modificmions to the approved preemunent program Axhng but not limned to local houts mcwfificaioas, PQ7W monitoximg of their Signifiaat IndusWal Users t=s), and Monhoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC. 2H .0114 and 15,A NCAC 2H.0907., LO 9- Nnr SMU lVaIV.--in VW*n antro DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0003573 Summary: E.I. DuPont de Nemours & Co submitted a permit renewal application on May 2, 2006 for the renewal of its NPDES permit. The DuPont Fayetteville Works manufacturing facility includes the Butacite® plant, the Nafion® plant, the Teflon® plant, and the APFO plant. A new process will be added in 2007 to produce Polyvinyl Fluoride (PVF) resins. The process wastewaters generated from the new facility will be treated in the existing treatment plant. DuPont has requested to modify the permit to include the new process wastewaters generated by the PVF manufacturing and to eliminate outfall 006 from the permit. Manufacturing Facilities: Buticite® Manufacturing • DuPontTm Buticite® Interlayer plastic sheeting — This is the final product used in safety glass such as automobile windshields. Butacite® is manufactured in large rolls, shipped out in refrigerated trucks to glass manufacturers. The refrigeration is a requirement as butacite sticks to itself at temperatures above 60°F. Polyvinyl butyral (PVB) resin - the resin is shipped to other DuPont facilities for final processing. Wastewaters generated at this facility are treated in the on-site wastewater treatment plant. Nafion® Manufacturing Five products are manufactured at the Nafion® manufacturing facility: • DuPontTM Nafion® membrane — a plastic film used in the chloroalkali industry and in electrochemical fuel cells; • Nafion® resins — ultimately extruded into a finished film; • Nafion® solution — generated during the production of resin; Fact Sheet NPDES NC0003573 Page 1 Facility Information Applicant/Facility Name: E.I. DuPont de Nemours & Co — DuPont Fayetteville Works Applicant Address..:.: 22828 NC Hwy 87W, Fayetteville, NC 28306-7332 Facility Address 22828 NC Hwy 87W, Fayetteville, NC 28306-7332 Permitted Flow (MGD): 2 MGD — WWTP (001) Type of Waste: Industrial Facility Classification: III Permit Status Renewal County: Bladen Miscellaneous Receiving Stream: Cape Fear River Regional Office: Fayetteville Stream Classification: C USGS Quad: Duart 303(d) Listed? No Permit Writer: Teresa Rodriguez Basin/Subbasin:03-06-16 Date: 12/6/06 Drainage Area (me):i 4790 Lat. 340 50'25" N Long. 780 50' 09" W Summer 7010 (cfs) 791 Winter 7Q10 (cfs) '. 30Q2 (cfs) Average Flow (cfs): 5676 IWC (%): 3.7% Summary: E.I. DuPont de Nemours & Co submitted a permit renewal application on May 2, 2006 for the renewal of its NPDES permit. The DuPont Fayetteville Works manufacturing facility includes the Butacite® plant, the Nafion® plant, the Teflon® plant, and the APFO plant. A new process will be added in 2007 to produce Polyvinyl Fluoride (PVF) resins. The process wastewaters generated from the new facility will be treated in the existing treatment plant. DuPont has requested to modify the permit to include the new process wastewaters generated by the PVF manufacturing and to eliminate outfall 006 from the permit. Manufacturing Facilities: Buticite® Manufacturing • DuPontTm Buticite® Interlayer plastic sheeting — This is the final product used in safety glass such as automobile windshields. Butacite® is manufactured in large rolls, shipped out in refrigerated trucks to glass manufacturers. The refrigeration is a requirement as butacite sticks to itself at temperatures above 60°F. Polyvinyl butyral (PVB) resin - the resin is shipped to other DuPont facilities for final processing. Wastewaters generated at this facility are treated in the on-site wastewater treatment plant. Nafion® Manufacturing Five products are manufactured at the Nafion® manufacturing facility: • DuPontTM Nafion® membrane — a plastic film used in the chloroalkali industry and in electrochemical fuel cells; • Nafion® resins — ultimately extruded into a finished film; • Nafion® solution — generated during the production of resin; Fact Sheet NPDES NC0003573 Page 1 • FLPR vinyl ether monomers — shimed to other DuPont locations to produce various fluorochemical products such as DuPont Teflon®. • HFPO monomers — shipped to other DuPont locations to produce various fluorochemical products such as DuPontTm Teflon®. Wastewaters generated at this facility are neutralized and treated in the on-site WWTP. Teflon® Manufacturing DuPontTm Teflon® FEP resin — this resin is used in the electronics industry as a coating for wire, as well as many other uses. Wastewaters generated at this facility are treated in the on-site wastewater treatment plant. Ammonium Perfluorooctanoate (APFO) Manufacturing APFO is used to produce fluoropolymers and fluorinated telomers that are shipped to other DuPont facilities. Wastewaters generated in this process are collected and shipped off-site for disposal. Sentry -Glass Plus® Manufacturing DuPontTM Sentry Glass Plus® - this is an ionoplast interlayer laminate used for laminated safety glass in side, rear, and overhead automobile windows. It is also used in architectural applications desiring safety glass. This manufacturing process started in June 2005. No process wastewaters are generated from this process. Non -contact cooling water is discharged to Outfall 002. Proposed PVF Manufacturing This facility will produce Polivinyl fluoride resins (PVF) and is expected to start production in October 2007. PVF is used in DuPontTm Tedlar® fluoropolymer film manufactured at other DuPont facilities. Tedlar® is used in the photovoltaic industry in photovoltaic cells and the aircraft industry for interior cabin surfaces, as well as other uses. The wastewater generated at this site will be treated at the on-site wastewater treatment plant. Wastewater from the PVF process will contain unreacted vinyl fluoride, with little or no BOD value. The expected concentration of vinyl fluoride at outfall 0002 is 0.0035 mg/I. Non -contact cooling water, condensate and stormwater will be discharged to Outfall 002. Wastewater Treatment: Process wastewaters and stormwater from process areas are collected in sumps in the respective manufacturing areas and conveyed via gravity sewers to the wastewater treatment plant. Sanitary sewage is conveyed separately to the WWTP. The treatment system consists of the following: • Influent pump sump • 850,000 gallon Equalization basin with two floating submerged mixers 250,000 aerated predigester tank • 1,700,000 gallon aeration tank with a bottom diffused air system with supplemental floating mixer that injects air through submerged rotors • Two clarifiers • 175,000 gallon emergency retention tank • Dissolved Air Flotation Unit for sludge treatment 47,000 gallon sludge storage tank • Rotary filter for thickening • Sludge press and steam heated dryer The treatment system discharges through Outfall 001 to the main discharge channel. Non -process cooling waters and stormwater are conveyed to ditches and discharged to the main discharge channel. The combined flows are discharged through Outfall 002 to the Cape Fear River below Lock and Dam #3. Fact Sheet NPDES NC0003573 Page 2 Effluent Guidelines: DuPont's Fayetteville Works is regulated under the Organic Chemicals, Plastics and Synthetic Fibers Category, 40 CFR 414 Subpart D. These guidelines apply to products manufactured under SIC codes 2869 and 2821. SIC code 2869 includes Nafion® solution, Vinyl Ether and HFPO monomers manufacturing. SIC code 2821 includes Teflon® resin, polyvinyl fluoride resin, polyvinyl butyral resin and Nafion® resin manufacturing. Manufacturing of Nafion membrane, Butacite® sheeting and Sentry Glass plus are classified as SIC code 3081 which is not regulated by the OCPSF guidelines. Regulated process flow for Outfall 001 is approximately 1,085,660 gpd. This flow includes the flow from PVF manufacturing process, which is set to start up in 2007. Average flow for the past 3 years was 0.832 MGD. The calculated limits are higher than current limits in the permit. The existing limits will remain in the permit. Compliance Summary: Outfall 001 Process Wastewater Treatment Plant Data reviewed:1 //1 /2004 — 9/30/2006 40 CFR 414 Subpart I Parameters — Monitoring was waved based on a demonstration made by the Permittee in accordance to 40 CFR 122.44(a)(2)(i). The permit application includes a pollutant analysis for these parameters. No parameters were detected. Notices of Violation — The facility received two NOVs: March 2005 for BOD monthly average and daily max and March 2006 for BOD daily max. Outfall 002 Combined cooling waters, stormwater and process WWTP effluent Data reviewed: 1 //1/2004 — 9/30/2006 12.61 57.5 22.24 212 I Minimum 1 2.96 1 <2 1 < 25 1 19 1 < 0.1 1 0.5 1 Whole Effluent Toxicity - The permit requires a quarterly chronic test at 3.3 %. The facility passed all the tests for the period of Feb 2002 to Aug 2006. Notices of Violation — There were no NOVs for this outfall. Priority Pollutant Analysis — No parameters were detected in the PPA above the allowable concentrations. Fact Sheet NPDES NC0003573 Page 3 Av& N FAX I\1 IN Instream data review: There are monitoring stations in the Cape Fear River upstream (138301000) and downstream (138302000) of the discharge. Data from the monitoring stations don't show water quality concerns. tstsjuiuuu - U scream sianon at LOCK & uam fFj 44 B8302000 — Downstream station near Tolarsville SUMMARY OF PROPOSED CHANGES: • Outfall 006 was eliminated from the permit. This outfall authorized the discharge of wastewaters from the Nafion® manufacturing process but current procedure is to send the wastewater to the WWTP for treatment. DuPont requested to eliminate the outfall from the permit as they will continue to send the wastewater to the WWTP. • The Supplement to Cover Sheet includes authorization to discharge treated wastewater from the PVF process. The process will start up in late 2007. Fact Sheet NPDES NC0003573 Page 4 m`gllSU µmho M' ! k?p,t ►I r mgA I i711 nt l �' , _ 8.3 6.9 154.2 43.9 21.1 15.2 0.1 0.7 0.7 0 Mhimarn 12.8 7.7 261.0 3000.0 124.0 33.0 0.5 1.2 1.4 0. 5.7, 5.9 81.01 6.01 3.91 4. 0.01 0.11 0. 0.1 B8302000 — Downstream station near Tolarsville SUMMARY OF PROPOSED CHANGES: • Outfall 006 was eliminated from the permit. This outfall authorized the discharge of wastewaters from the Nafion® manufacturing process but current procedure is to send the wastewater to the WWTP for treatment. DuPont requested to eliminate the outfall from the permit as they will continue to send the wastewater to the WWTP. • The Supplement to Cover Sheet includes authorization to discharge treated wastewater from the PVF process. The process will start up in late 2007. Fact Sheet NPDES NC0003573 Page 4 rMDraft Permit to Public Notice: December 20, 2006 Permit Scheduled to Issue: February 12, 2007 NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at (919) 733-5083 ext. 553. NAME:,: DATE: REGIONAL OFFICE COMMENTS NAME: -4 SUPERVI Fact Sheet /.2-.78- __�?-n7 9L9 JAN (0 5 2UU1 DENR - V•4; E s GiiAliTy PON, SGURCEBRANC.� FACILITY DuPont -Fayetteville OCPSF Flow 1.08566 MGD 7Q1 ft 791 cls Oavg 5676 cis Permitted Flow 2 MGD Daily Monthly Max avg Parameter uyl ugn Outfall 001: flow is based on processes only Limit Limit Federal or Standard Daly Monthly State Aquatic max avg Life #/d #/d stdrd yyl Human Hlth Standard Allowable Organisms conc. Aquatic Life /198 00 Human Hlth Allowable cone Organisms M9fl Allowable Allowable Aquatic Live Human Hlth Organisms #/day Wday Limit Based on: Daily Max 4000.00 Monthly Avg. #/day Acenaphthene 59 22 0.534 0.199 Federal no stdrd 990.00 no stdrd 253599.68 no stdrd 4226.661 OCPSF 0.534 #/day 0.199 Acenaphthylene 59 22 0.534 0.199 Federal no stdrd no stdrd no stdrd no stdrd no stdrd no stdrd OCPSF 0.534 #/day 0.199 Acrylonitrile (c) 242 96 2.191 0.869 Federal no stdrd .0.25 no stdrd 457.99 no stdrd 7.633 OCPSF 2.191 #/day 0.869 Anthracene 59 22 0.534 0.199 Federal no stolid 40000.80 no stdrd 10246451.61 no stdrd 170774.194 OCPSF 0.534 #/day 0.199 Benzene (c) 136 37 1.231 0.335 State no stdrd 71.40 : - no stdrd 130802.50 no stdrd 2180.042 OCPSF 1.231 #/day 0.335 Benzo(a)anthracene (c, P, 59 22 0.534 0.199 Federal no stdrd 0.018 no stdrd 32.98 no stdrd 0.550 OCPSF 0.534 JI/clay 0.199 3,4-Benzofluoranthene (c, 61 23 0.552 0.208 Federal no stdrd 0.0311 no stdrd 56.97 no stdrd 0.950 OCPSF 0.552 #/day 0.208 Benzo(k)fluoranthene (c,P 59 22 0.534 0.199 Federal no stdrd 0.0180 - no stdrd 32.98 no stdrd 0.550 OCPSF 0.534 #/day 0.199 Benzo(a)pyrens (c, PAH) 61 23 0.552 0.208 Federal no stdrd 0.0311 no stdrd 56.97 no stdrd 0.950 OCPSF 0.552 #/day 0.208 Bis(2-edVftxyn phthalatt 279 103 2.626 0.933 Federal no stdrd 2.20 no stdrd 4030.33 no stdrd 67.172 OCPSF 2.526 #/day 0.933 Carton Tetrachloride (c) 38 18 0.344 0.163 State no stdrd 4.42 no stdrd 8097.30 no stdrd 134.955 OCPSF 0.344 #/day 0.163 Chlorobenzene 28 15 0.254 0.136 Federal no stdrd 21000:00 no stdrd 5379387.10 no stdrd 89656.452 OCPSF 0.254 #/day 0.136 Chloroethane 268 104 2.427 0.942 Federal no stdrd , no stdrd -: - no stdrd no stdrd no stdrd no stolid OCPSF 2.427 #/day 0.942 Chloroform (c) 46 21 0.417 0.190 Federal no stdrd 470.00 ; no stdrd 861024.84 no stdrd 14350.414 OCPSF 0.417 #/day 0.190 2 -Chlorophenol 98 31 0.887 0.281 Federal no stdrd 150.00 no stdrd #REF! no stdrd #REF! #REFI #REF! #REF! #REF! Chrysene (c, PAH) 59 22 0.534 0.199 Federal no stdrd 0.0180 no stdrd 32.98 no stdrd 0.550 OCPSF 0.534 #/day 0.199 Di -n -butyl phthalate 57 27 0.516 0.244 Federal no stdrd '' no stdrd no stdrd no stdrd no stdrd no stdrd OCPSF 0.516 #/day 0.244 1,2 -Dichlorobenzene 163 77 1.476 0.697 Federal no stdrd 17000,10 '; no stdrd 4354741.94 no stdrd 72579.032 OCPSF 1.476 #/day 0.697 1,3 -Dichlorobenzene 44 31 0.398 0.281 Federal no stdrd 960.00 no stdrd 245914.84 no stdrd 4098.581 OCPSF 0.398 #/day 0.281 11,4 -Dichlorobenzene 28 15 0.254 0.136 Federal no stdrd 28(16130 no stolid 666019.35 no stdrd 11100.323 OCPSF 0.254 #/day 0.136 1,1-Dichloroethane (c) 59 22 0.534 0.199 Federal no stdrd nosldrd no stdrd no stdrd no stdrd no stdrd OCPSF 0.534 #/day 0.199 1,2-Dchioroethans (c) 211 68 1.910 0.616 Federal no stdrd 3.70 no stdrd 6778.28 no stdrd 112.971 OCPSF 1.910 #/day 0.616 1,1-Dichl rcethylene (c) 25 16 0.226 0.145 Federal no stdrd ,320 no stdrd 5862.30 no stdrd 97.705 OCPSF - 0.226 #/day 0.145 1,2-tram-Dichloroethylent 54 21 0.489 0.190 Federal no stdrd 140000.00 no stdrd 35862580.65 no stdrd 597709.677 OCPSF 0.489 #/day 0.190 2,4-Dichlorophenoi 112 39 1.014 0.353 Federal no stdrd 290.00 no stdrd #REFI no stdrd #REF! #REFI #REFI #REF! #REFI 12-Dichloropropane 230 153 2.083 1.385 Federal no stdrd 15.00 no stdrd 3842.42 no stdrd 64.040 OCPSF 2.083 4/day 1.385 1,3-D!chloropropylens (c) 44 29 0.398 0.263 Federal no stdrd ' ,17170.00 no stdrd 3114345.16 no stdrd 51905.753 OCPSF 0.398 #/day 0.263 Diethyl phthalate 203 81 1.838 0.733 Federal no stdrd 44000.00 no stdrd 11271098.77 no stdrd 187851.613 OCPSF 1.838 #/day 0.733 2,4-Dimettrylphenoll_ 36 18 0.326 0.163 Federal no stdrd 850.00 no stdrd 217737.10 no stdrd 3628.952 OCPSF 0.326 #/day 0.163 DimedrA phthalate 47 19 0.426 0.172 Federal no stdrd 1100000.00 no stdrd 281777419.35 no stdrd 4696290.323 OCPSF 0.426 #/day 0.172 4,6-Dindro-ocresd(2-Mel 277 78 2.508 0.706 Federal no stdrd - 280.00 no stdrd 71725.16 no stdrd 1195.419 OCPSF 2.508 #/day 0.706 2,4-Dindrophenol 123 71 1.114 0.643 Federal no stdrd 5300.00 no stdrd 1357654.84 no stdrd 22627.581 OCPSF 1.114 #/day 0.643 2,4-Dinitrotoluene (c) 285 113 2.581 1.023 Federal no stdrd 3.40 no stdrd #REFf no stdrd #REFI #REFI #REFI #REF! #REF! 2,6-Dinkrotduene (c) 641 255 5.804 2.309 Federal no stdrd no i! sll no stdrd no stdrd no stdrd no stdrd OCPSF 5.804 #/day 2.309 Ethylbenzene 108 32 0.978 0.290 AOINOEC 325.000 29000.00 83252.42 7428677.42 1387.540 123811.290 OCPSF 0.978 #/day 0.290 Flouranthene 68 25 0.616 0.226 Federal no std(d 140:00 no stdrd 35862.58 no stdrd 597.710 OCPSF 0.616 #/day 0.226 Fluorene 59 22 0.534 0.199 Federal no stdrd 5300.00 no stdrd 1357654.84 no stdrd 22627.581 OCPSF 0.534 #/day 0.199 Hexachlorobenzene (c) 28 15 0.254 0.136 Federal no stdrd 2.90E-04 no stdrd 0.53 no stdrd 8.85E-03 CHRONIC 0.531 /tg/I Hexachlorobutatflene (c) 49 20 0.444 0.181 Federal no stdrd 16.00 no stdrd 32975.42 no stdrd 549.590 OCPSF 0.444 #/day 0.181 Hexadioroethane (c) 54 21 0.489 0.190 Federal no stdrd 3.30 no stdrd 6045.49 no stdrd 100.758 OCPSF 0.489 #/day 0.190 McMyl Chloride 190 86 1.720 0.779 Federal - no stdrd :.;iii §EBrd, :- no stdrd no stdrd no stdrd no stdrd OCPSF 1.720 #/day 0.779 Methvlene Chloride (c) 89 40 0.806 0.362 Federal no stdrd 590.00 no stdrd 1080860.97 no stdrd 18014.349 OCPSF 0.806 #/dav 0.362 Nitrobenzene 68 27 0.616 0.244 Federal no stdrd 690.00 no stdrd 176751.29 no stdrd 2945.855 OCPSF 0.516 4/clay 0.244 2-Nitraphenol 69 41 0.625 0.371 Federal no stdrd .ra aldrd -:: no stdrd no stdrd no stdrd no stdrd OCPSF 0.625 #/day 0.371 4-Nitrophenol 124 72 1.123 0.652 Federal no stdrd no stdrd : no stdrd no stdrd no stdrd no stdrd OCPSF 1.123 #/day 0.652 Phenanthrene 59 22 0.534 0.199 Federal no stdrd -na9Xlyd,..;' no stdrd no stdrd no stdrd no stdrd OCPSF 0.534 #/day 0.199 Phenol 26 15 0.235 0.136 Federal no stdrd 1700000.00 no stdrd 435474193.55 no stdrd 7257903226 OCPSF 0235 #/dav 0.136 Pyrene 67 25 0.607 0.226 Federal no stdrd 4000.00 no stdrd 1024645.16 no stdrd 17077.419 OCPSF 0.607 #/day 0.226 Tetrachloroethylene (c) 56 22 0.507 0.199 Federal no stdrd - 3.30 no stdrd 6045.49 no stdrd 100.758 OCPSF 0.507 #/day 0.199 Toluene 80 26 0.724 0.235 State/AO 11.000 2011006.06 2877.77 51232258.06 46.963 853870.968 OCPSF 0.724 #/clay 0.235 12,4-Trichlorobenzene 140 se 1.268 0.616 Federal no stdrd 940.00 no stdrd 240791.61 no stdrd 4013.194 OCPSF 1.268 #/day 0.616 11,11,11 -Trichloroethane 54 21 0.489 0.190 Federal no stdrd no Writ no stdrd no stdrd no stdrd no stdrd OCPSF 0.489 #/day 0.190 1.12 -trichloroethane (c) 54 21 0.489 0.190 Federal no stdrd 16.00 no stdrd 29311.48 no stdrd 488.525 OCPSF 0.489 #/dav 0.190 Vinyl Chloride (c) 260 104 2.427 0.942 State no stdrd 530.00 no stdrd 970942.90 no stdrd 16182.382 OCPSF 2.427 #/day 0.942 " Total Chromium 2770 1110 0.000 0.000 State 50.000 no stdrd 12808.06 no stdrd 213.468 no stdrd OCPSF 0.000 1Nday 0.000 " Total Copper 3380 1450 0.000 0.000 Action level 7.000 no stdrd 1793.13 no stdrd 29.885 no stdrd OCPSF 0.000 #/day 0.000 " Total Cyanide 1200 420 0.000 0.000 State 5.000 no stdrd 1280.81 no stdrd 21.347 no stdrd OCPSF 0.000 #/day 0.000 " Total Lead 690 320 0.000 0.000 State 25.000 no stdrd 6404.03 no stdrd 106.734 no stolid OCPSF 0.000 iNday 0.000 " Total Nickel 3980 1690 0.000 0.000 State 88.000 no stdrd 22542.19 no stdrd 375.703 no stdrd OCPSF 0.000 #/day 0.000 Trial Zinc' 2610 1050 0.000 0.000 Action level 50.000 50.00 12808.06 128011.06 213.468 213.468 OCPSF 0.000 #/day 0.000 'Total Zinc for Rayon Fiber ManufacNre " Metals should onty be limited If Total metal bearing wasteflot 0.00 that uses the viscose process and Acrylic process contains metal bearing wastef ow. Fiber Manufacture that uses zinc Cyanide should only be limited if Total cyanide bearing wasted 0.00 chkAdersolvent process is 6,796 uglL and process contains cyanide hearing wasteflow. 3,325 uglL for mapmum for any one day and maxknum for monthly average, respectively. 12/12/2006 1 (M. Ms. Teresa Rodriguez NCDENR Division of Water Quality 512 N. Salisbury Street Archdale Building — Room 925 Raleigh, North Carolina 27604 DuPont Fluoroproducts 22828 NC Highway 87 W Fayetteville, NC 28306-7332 Apiil 11, 2007 F I A, PR 1 2 1 I SUBJECT: NPDES Permit Renewal Application Supplemental Information — APFO in Surface Waters NPDES Permit No. NC0003573 Dear Ms. Rodriguez: In 2003, the EPA and the DuPont Company signed a Letter of Intent (LOI) that specified that this facility monitor annually for APFO in both groundwater and surface water for a five year period. Per your request, enclosed are copies of the biennial reports that were sent to EPA. You will find information on the results of the surface water monitoring in Section 4 of the two reports. The 2007 analysis of Outfall 002 showed 0.055 gg/L APFO. In addition, enclosed is a copy of a letter to Alan Klimek regarding the results of sampling of the Cape Fear River that was conducted in February 2006. A figure is included that shows the relative location of the five sample locations. Should you have any questions, please feel free to call me at (910) 678-1155. Environmental Manager Enclosures E.I. du Pont de Nemours and Company