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HomeMy WebLinkAboutNC0081949_Regional Office Historical File Pre 2018 (3)XAA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary February 14, 2014 MAR 13 ? 014 ���i i..VSVLy_.t,._:_. i'v_`.:J. _.'i��1.� �..+l�,�i✓_ Mr. Mark J. Gross Vice President, Hydro Operations, APGI Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Subject: Issuance of NPDES Permit Permit NCO081949 Tuckettown Powerhouse Stanly County Facility Class I Dear Mr. Gross: Division personnel have reviewed and approved your application for a renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requitements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The following changes have been incorporated into this renewal: © Proposed federal tegulations requite electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation. The requitement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your NPDES permit. [See Special Condition A. (4.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htW: / /portal.ncdenr.otg/web /wq/admin/bog/ipu/edmr. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: wwancwaterguality.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarohna . )VaturaCCff For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the following web site: http: / /www2.epa.gov/compliance/proposed-npdes-electtonic-repotting-rule. If any parts, measurement frequencies or sampling requirements contained in this permit ate unacceptable to you, you have the tight to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be mi 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 tequire modification or tevocation and reissuance of the permit. This permit does not affect the legal -requirements to obtain other permits which may be requited by the Division of Water Resources 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 requited. If you have any questions concerning this permit, please contact Setgei Chernikov at telephone number (919) 807-6393. Sincerely, IVA-- &Thomas A. Reeder 0 cc: Central Files NPDES Files rMooff9,N, ]�eFlRa ional�O.f£icejr/&W,-_Rer ua ", �#®�►W#®' �►S®' n#01%LOT6.... 9-4f-...9+//06sd�000G,J-kgTj _p-LL,#@L-4t,vj @ Permit NC0081949 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other. lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at the Tuckertown Powerhouse 711 Tuckertown Road New London Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II; III and IV hereof. This permit shall become effective March 1, 2014. This permit and authorization to discharge shall expire at midnight on January 31, 2019. Signed this day February 14, 2014. -Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page I of 6 Permit NCO081949 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge ftoin this facility arises under the permit conditions, requirements, terms, and provisions included herein. Alcoa Power Generating, Inc. is. hereby authorized to: Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at the Tuckettown Powerhouse [711 Tuckettown Road, New London] in Stanly County. _ 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin Rivet, currently classified as WS-IV & B CA waters in the Yadkin -Pee Dee Rivet Basin. Page 2 of 6 Permit NCO081949 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 003] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002 and 003. Such discharges shall be limited and monitored3 by the Permittee as specified below: PAR1iMETE, ; DISCHARGE LIMITATIONS ;, 1VIoiiit6nng Requiierneiit5 Monthly Daly um Wiluentwk suregient 'Fie_ lien.Lgcatto Samplg Type; ]�' Flow (MGD) Annual Estimate Effluent Temperature' Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be' obtained. 1. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2. The pH of the effluent shall not be less than 6.0 standard units not greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Special Condition A. (4.). Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2.) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Page 3 of 6 Permit NCO081949 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [004] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge sump water from outfall 004 [Sump Drain]. Such discharges shall be limited and monitored3 by the Permittee as specified below: PARAMETER _ DI-8CHARGE LINiITATI®NS _. - - lVI'onitoring Requirements IVlontlly Aveta" e - li Maxirrium "Measurement Fre aerie Satriple Sample ri-- Flow Flow Annual Estimate Effluent Oil and Grease' 15.0 m /L 20.0 m /L Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. 3. No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWWs eDMR application system. See Special Condition A. (4). Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skirmner type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. -When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form'and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. Page 4 of 6 z ii 1nI0 Permit NCO081949 A. (4). ELECTRONIC REPORTING- OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions forNPDES Permits): • Section B. (11.) • Section D. (2.) ® Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be- summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: . NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://Vo.ttal.ncdenr.o-tg/web/wq/adrn n/bog/ipu/edmr Regardless of the submission method, the first DMR is due on the last day of the year 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. Page 5 of 6 Permit NC0081949 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.� (del All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDIV1R system. For more information on North Carolina's eDIVIR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http: / /portal.ncdenr. org/web /wq/adtniii /bog_/ipu/edmt Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert, underpenalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a ystem designed to assure that qualified personnel properly gather and evaluate the information submitted. Bared on my inquiry of the person orpersons who manage the ystem, or those persons directyresonsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. Records Retention [Supplements Section D. (Q] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 6 of 6 101MI" G�n T". N IN pi MEHIMWI 1, Ise W. Facility Information Facility -z M Ywtix P , M: Latitude: 352-9'07" Sub Basin: 03-07-08 Location A Quad #: F18NW Longitude: 80'10'34" Stream Class: WS-1V and C CA Yadkin Inc. Receiving Stream: Yadkin River Yadkin Permitted Flow: N/A North Tuckertown Powerhouse c L@oGq LOoHr L.�yitdd0 *utTdd0 *uL-L TT_Calibri.ozL° O-LX30OP•X3®m@e6GT3,@@00gdircvt I� NPDES Permit Standard Conditions Page 1 of 18 0 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. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average 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. Bypass 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 Week The period from Sunday through the following Saturday. 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 interval 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 Version 1110912011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a . constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples 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. Daily 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. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. 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). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. 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 level]") shall be considered = 1. 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). Version 1110912011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage 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 CWA. Upset 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 Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA 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 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA 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 CWA provides that any person who violates section[s] 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 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA 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 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 1110912011 NPDES Permit Standard Conditions Page 4 of 18 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. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly 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. [33 USC 1319(c)(2) and 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)(iii) 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 $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Dpty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. Property Rights 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 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 1110912011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability 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 15013-23]. 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 Reapply 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 unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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. Signatory 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: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, 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 122.22]. 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) 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 1110912011 NPDES Permit Standard Conditions Page 6 of 18 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person orpersons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " 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 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination 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 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring 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 02H .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 Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited 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 08G .0204. 2. Proper Operation and Maintenance 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)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 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 [4.0 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)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.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. Version 1110912011 NPDES Permit Standard Conditions Page 8 of 18 (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. (1) of this section. Upsets 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 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: Any 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 122.41(n)(4)1: 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. 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 02H .0124) 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 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the 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 122.41(j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative 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: Version 1110912011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.nedenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (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 permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The CWA 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. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 1110912011 NPDES Permit Standard Conditions= Page 10 of 18 Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection 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, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, . or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [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 122.42(a)(1); or 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. Anticipated 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 [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 1110912011 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.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 using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 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(l)(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 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. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availabilityports 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- 215. 1 (b)(2) or in Section 309 of the Federal Act. Version 1110912011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 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 Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). 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. The report shall be sent to: NC DENR / Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal. system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. 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 Monitoring 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'; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/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 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. 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 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 1110912011 NPDES Permit Standard Conditions - Page 16 of 18 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 User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]. 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 CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .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. [40 CFR 122.440)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 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 Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a 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 (i.e., 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 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [.15A NCAC 02H .0903(b)(10), .0905, and 5. Industrial User Pretreatment Permits (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 collection system or 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 HWA and the limits from all IUDs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [I5A NCAC 02H .0906(b)(6), .0909, .0916, and ,0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-21567(a)] 6. Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must, be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct, inspection; surveillance; and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users; compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(t)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;. b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of anynon-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. lU Self' Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40' CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7); .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. hi lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 1110912011 NPDES Permit Standard Conditions Page 18 of 18. NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by .March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS). A pretreatmentprogram summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the. Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division;. e. Other Information Copies of the. POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public. Notice The Permittee shall publish annually a fist of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and -standards. during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 115A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40. CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of .industrial impact on. the POTW and shall retain all other'. Pretreatment Program records as required by 15A NCAC 02I4 .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. ,Pretreatment Program Resources The Permittee shall maintain, adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not, limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Planmodifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18,,15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011 REDEIVEU i DEQIDWR ROY COOPER i Govenzat =r "" /gyp �+ MICHAEL S.. REGAN WQROS Secretary Water Resources FAYETTEVILLE REGIONAL OFFICE S. JAY ZIMMERMAN ' ENVIRONMENTAL QUALITY - AN: COVEDINC:l ERNOW14 i ~ FEB 2 4 Z017 February 22, 2017 f Mr. Eli Hopson_ VVQROS Cube Yadkin Generation LLC MOOk tESVILLE REGIONAL OFFICE c/o Cube Hydra Partners, LLC 2 Bethesda Metro Center, Suite 1330 RECEIVED Bethesda, MD 20814 DEQIDWR Subject: Minor modification of NPDES Permit NCO081949 Tuckertown Powerhouse MAR 0 8 Z017 Montgomery County Dear Mr.. Hopson: WQROS FAYETTEVILLE REGIONAL OFFICE The Division has received and approved your request to transfer ownership of the subject permit: E As a result, the. Division hereby reissues "NC0081949. 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 October 15, 2007 (or as -subsequently amended).. Insert the . attached page into your permit and discard the old page. This modified permit includes the following changes from your current permit: ➢ Change of ownership from Alcoa Power Generating, Inc. to Yadkin Cube Generation, LLC. Section A.(4) has been updated to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). If any. parts, measurement frequencies or sampling requirements contained in this modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) l days following receipt of this letter. This request must be in the form of a written petition, conforming to l Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings f (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this. decision shall be final and binding. " 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 any other Federal, State, or Local governmental regulation. If you have any questions concerning this matter, please contact Brianna Young at (919) 807- 6388 or via e-mail [brianna.young@ncdenr.gov]. �^ Aiy, immerman, D' or I Division of Water Resources cc: Central Files" .� -FwAftmOvRegional Office NPDES File State of North Carolina Environmental Quality I Water Resources t 1617 Mail Service Center Raleigh, NC 276994617 919 807 6300 919-807-6389 FAX https,//deq.nc.goy/about/divisions/water-resources/water-resources-permits/wastewatei branch/npdes-wastewater-permits ` Pemait NCO081949 I STATE OF NORTH CAROLINA - DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and. regulations -promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Cube Yadkin Generation LLC k is hereby authorized to discharge wastewater from a facility located at the t k I Tuckertown Powerhouse. 711 Tuckertown Road New London Montgomery County' to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements,. and other applicable conditions set forth in Parts I; II, III and IV hereof. This permit shall become effective February 1, 2017. This permit and authorization to discharge shall expire at midnight on January 31, 2019. Signed this day February 22, 2017. s i t6t . ay Zimmerman, P.G. 'Director, Division of Water Resources By Authority of the Environmental ManagementCommission Page 1 of 7 Permit NCO081949 SUPPLEMENT TO PERMIT COVER SHEET E All previous NPDES Permits issued to this. facility, whether fox operation or discharge are hereby revoked.. As of this permit 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. Cube Yadkin Generation, LLC is hereby authorized to: E 1. Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (outfall 004) located at the Tuckertown Powerhouse [711 Tuckertown Road, New London] in Montgomery County. i 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River,currently classified as WS-IV & B waters in the Yadkin -Pee Dee River. Basin l I • I f ,le, Permit NCO081949 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 0031 [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001s 002 and 003. Such discharges shall be limited and monitored' by the Perrnittee as .specified below: �i`....=�A ' q� E a ak.. FStrRl-JlNi�A.O ' li;� [r FaM1 ti f( ,'ice y�+G sr i^•., S IIfIQiJIQ�: n:t� .:Lr+, ill "1,��lA�crl�> .. �,): i9 �•!h _•.i. ••a'f,,:: �}., ,:7i _...::lt � .,lr. `: �/iL�`Y' ail,, ,�:.= ','. .t r.-P% n '.f•+',OTi •"' � i', ,�,\S $+ _.:.W NlohtilyC�giY _� }....r;;.'Lf4.r � -}�v, :t';• °'_ h ETa![�i�N1ar i�m,r IJ�-.k.M H•.. `... a�[,� ,-.is. t{ � �/, Sl1 Pi�t•y. .,y =Qn/� F+.ti`�/ 1s.:• �.� � �:. lie" _ m�' ;'is.•, .Gtf.Y�i,L v.✓'✓+'.1.{er, +��•,'.[.'�' r... h P_t.lii`r CO:E�'."G �f:,•;:J. l��'[_{•�., .1. *y ,A �i.1�� J7'f,!i�!4�`.X.1.'-"F;.R.., kn W'i�:j�� ��yyyy�� ii .•+f,(,�P ,.t "}t::�• :t `.!Y_41�•t Flow (MGD) 50050 Annual Estimate Effluent Temperature2 00010 Annual Grab Effluent pH9 00400 Annual Grab Effluent Notes: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system. See Special Condition A. (4). 2. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving streams temperature exceed 32 *C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 3. The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent.comphance with this range. Monitoring results obtained during the calendar year shall be recorded and reported o;n a Discharge Monitoring Report (DMR) form and postmarked no later than January. 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient' river conditions prevent compliance. A. (2.) BIOCIDE CONDITION [G.S. 143-215,143-215.11 There shall 6e no chromium zinc or copper added to the treatment system except as re-aWroved additives to biocidal compounds. The perrnittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWR / Aquatic Toxicology Unit 1621 Mail Service Center Page 3of7 Permit NCO081949 Raleigh, North Carolina 27699-1621 A. (3.) EFFLUENT LIMITATIONS AND MONITORING. REQUIREMENTS [004] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500. et seq.] During the period beginning on the effective. date of.the permit and lasting until expiration, the.petmit.tee is, authorized to discharge sump water from outfall 004 [Sump Drain]. Such discharges ,shallbelimited and . monitored' by the Peimittee as specified below. MN ON A Q., 0. Flow 50050 Annual Estimate I Effluent Oil and Grease2 0055t3 15.0 M /L. 20.0 mg/L Annual Grab Effluent 1 OR, 00400 Annual Grab Effluent NOTES: Effluent or at -the point closest to discharge where a -representative sample of the dischargecan feasibly be obtained. I The permittee shall submit discharge monitoring reports electronically using -the Division's eDMR system. See Special Condition A. (4.)... 2. The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and tope skimmer. Confirmation that a visual inspection was conducted shall, be recorded in the operating log for the facility and provided to the Division upon request -3. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be - employed to ensure -that excessive pollutants are not discharged to the surf -ace water of the state. These practices should include as a minimum, routine maintenance of the rope -skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permitt wish including the MSDS ee- to -change solvents, a written request should be made to the Division for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit Non -discharging cleaning operations map be conducted as often as necessary -to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected -anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. i . Permit NCO081949 A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions forNPDES Permits): 4 Section B. (11) Signatory Requirements • . Section D. (2.) Reporting • Section D. (6.) Records. Retention • Section E. (5.) Monitoring Reports 1.. Reporting Requirements [Supersedes Section D (2.),and Section E. 0.)T The permittee shall report discharge monitoring data electronically using the NC DVWs Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be.required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in as area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring. . data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See glow to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, 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. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). Page 5of7 Permit NCO081949 2. Electronic Submissions In accordance with 40 CFR 122.410)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission: Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or -the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPI7ES Electronic Reporting Rule is found at: http //www2 epa gov/compliance/final-national-pollutant-discharge-elimyiation-system-npdes-electronic- reporting-rule. Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. ..3. How to Request a Waiver from Electronic Repotting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must bc. submitted in writing to the Division for written approval at. least sixty (60) days prior to the date the facility would_be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire: At such time, monitoring data and reports shall be submitted electronically to the Division unless the pemzittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved, electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that .the approved reporting waiver request is. effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: h de .nc. ov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (U.) (b) and Supersedes Section B. (U.�(d)� All eDMRs submitted to the permit issuing authority shall be signed by a person described in. Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part H, Section B. (11)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDNR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions /water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDIbM system shall make -the following certification [40 CFR 122.22]., NO OTHER STATEMENTS OF CERTIFICATION V= BE ACCEPTED: Page 6 of 7 Permit NCO081949 "I certf&, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person orpersons who manage the system, or those persons &maynsbonsibleforgalbefing the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are signicant penalties for submitting false information, including the possibility of fines and imprisonment far knowing violations " S. Records Retention [Sunglements Section D. (Q] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 7 of 7 KV 'A 4 q'I 74� g A"A 441 k vc� IN 'SIR k afA 101 0 To: NPDES Unit Water Quality Section Attention: Charles Weaver Date: August 16, 2013 �JLESOC Priority Proje - : N NPDES STAFF REPORT AND RECOMMENDATION County: Stanly Permit No. NCO081949 PART I - GENERAL INFORMATION Physical Address 1. Facility and address: Tuckertown Powerhouse 711 Tuckertown Rd. Alcoa Power Generating, Inc. New London, NC 28127 P.O. Box 576 Badin, NC 28009 2. Date of investigation: July 18, 2013 3. Report prepared by: Wes Bell, Environmental Specialist 4. Persons contacted and telephone number: Jeff Henley, (704) 422-5774 5. Directions to site: From the junction of Hwy. 49 and SR 1164 (Tuckertown Rd.) on the western edge of Montgomery County, travel south on SR 1164 approximately 1.6 miles. The Tuckertown Powerhouse is located the right (west) side of the road. N 7 Discharge point(s), list for all discharge points: Latitude: 35' 29' 08" Longitude: 80' 10' 32" See USGS Map included with the renewal application for specific locations of all outfalls. U.S.G.S. Quad No.: E 18 SW Receiving stream or affected surface waters: Yadkin River. a. Classification: WS-1V and B, CA b. River Basin and Subbasin No.: Yadkin 03-07-08 C. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. . PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater and description of wastewater source(s) of each outfall: Outfalls 001, 002, & 003: 0.4536 MGD per outfall — Once through generator thrust bearing cooling water. Outfall 004: 0.001 MGD — Powerhouse floor drains, wheelpit drainage, oil/water skimmer, and sump. b. Please provide a description of existing or substantially constructed treatment facilities: Outfa11004 is equipped with an oil/water separator (rope skimmer). C. Possible toxic impacts to surface waters: There are no biocides added to the cooling water and no chemical wheelpit cleaning at this facility. 2. Residuals handling and utilization/disposal scheme: The facility contracts a company (Ashland Environmental) to remove any recovered oil or accumulated material on the sump bottom. PART III OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity) requests: None requested. L_ 16AR �"+�i `I, u- U- - ►11 a- ► _ , There have been no changes and/or modifications to this facility or the subject permit since the permit was last issued. It is recommended that the permit be renewed as requested. ,Signature of report preparer Date Water Quality Regional Supervisor V NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Division of Water Quality Thomas A. Reeder Acting Director July 24th 2013 Alcoa Power Generating, Inc. Narrows Powerhouse P.O. Box 576 Badin, N.C. 28009 Subject: Receipt of permit renewal application NPDES Permit NCO081949 Stanly County Dear Mr. Mark J. Gross, John E. Skvarla, III Secretary QU/;+ JUL 2 9 2013 The NPDES Unit received your permit renewal application on July161h, 2013. This permit renewal has been assigned Charles Weaver (919-807-6391) who will contact you if any additional information is required to complete your permit renewal. Due to current backlog, you should continue to operate under terms of your current permit, until a new permit is issued. If you have any questions, please contact the assigned permit writer. Sincerely, Jeff Poupa Point Source Branch Program Supervisor IV Cc: Central Files Mooresville Regional Office NPDES Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6492 Internet: www.ncwaterquality.orq Noi thCarolina Aahmaliff An Equal Opportunity 1 Affirmative Action Employer July 12, 2013 N. C. Department of Environment ar, Division of Water Quality NPDES Unit 1617 Mall Service Center Raleigh, North Carolina 27699-1617 Attn.: Mr. Charles H. Weaver Re.: NPDES Permit Renewal High Rock Powerhouse Tuckertown Powerhouse Narrows Powerhouse Falls Powerhouse Dear Mr. Weaver: Alcoa Inc. APGI - Yadkin Highway 740 PO Box 576 Badin, NC 28009 Certified Mail Return Receipt Requested Resources lications - Alcoa Power Generating, Inc W0081931 1C0081949 With this letter and the attached renewal application package, Alcoa Power Generating, Inc. (APGI) is requesting renewal of the DES discharge permits for the four hydroelectric powerhouses identified above that aref owned and operated by APGI The existing NPDES discharge permits for these facilities are due to expire on January 31, 2014. The renewal application package for each powerhouse contains the following items: • Cover Letter -one signed original and two copies • Completed NC Short Form C one signed original and two copies • Schematic of Water Flow — three copies • Location Map — three copies As per the instructions on the renewal of the four powerhouses that may hav discharges. The wastewater treatmen skimmer at the Tuckertown, Narrows stream is generated from the rope skv stream is managed off -site for energy application checklist, APGI is not aware of changes at any e altered the nature or volume of the currently permitted operations are limited to an oily water sump and rope and Falls Powerhouses. An oily water / used oil waste amers and the annual cleaning of the sumps. This waste recovery by a third party. IN JUL .16 2w 2 If you have questions or comments regarding this NPDES Permit Renewal Application Package, please contact Henk van der Meyden at (843) 572-5361 or via e-mail at henk.vandermeydengalcoa.com. y Sincerely, IC�FrOSS Vice -President, Hydro Operations cc. Henk van der Meyden — w/attachments renewal application transmittal letter to ncdenr dwq.docs FFV NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. Mail the complete application to: N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address NPbES Permit Number NCO081949 Please print or type. Alcoa Power Generating, Inc Tuckertown Powerhouse P.O. Box 576 Badin N.C. / 28009 704-422-5774 704-422-5776 Mark.Gross@alcoa.com 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or 'State Road City State / Zip Code County 711 Tuckertown Road 'New London N.C. / 28127 Montgomery 3. Operator Information: Name of the firm,, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Alcoa Power Generating, Inc Mailing Address P.O. Box 576 City Badin State / Zip Code N.C. / 28009 Telephone Number 704-422-5774 Fax Number 704-422-5776 Page 1 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 4. Ownership Status: Federal State ❑ Private 5. Standard Industrial Classification (SIC) code(s): 4911 b. Number of employees: 4 Public ❑ 7. Describe the treatment system List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. See Attached Flow Diagram 8. Is facility covered under federal effluent limitation guidelines? No N Yes El If yes, specify the category? 9. Principal product(s) produced: Electricitv Principal raw material(s) consumed: N/A Briefly describe the manufacturing process(es): Hydroelectric Generation Page 2 of 5 C-MI 10/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 10. Amount of principal product produced or 'raw material consumed (List specific amounts consumed and/nr units of nrnrlvetinn near fho Inert fhrnn ,.- Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day 245 MWhr 1,020 MWhr per Month 7,463 MWhr 31,025 MWhr per Year 89,558 MWhr 372,300 MWhr 11. Frequency of discharge: Continuous If intermittent: Days per week discharge occurs: Intermittent ❑ Duration: 12. Types of wastewater discharged to surface waters only Discharge Flow GALLONS PER DAY Sanitary - monthly average N/A Utility water, etc. - monthly average N/A Process water - monthly average 1,050 Stormwater - monthly average N/A Other - monthly average Explain: Cooling Water 1,361,800 Monthly Average total discharge (all types) 1,362,850 13. Number of separate discharge points: 4 Outfall Identification number(s) 001, 002, 003, 004 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Yadkin River latitude: 35° 29' 07.60" N: longitude: 80010' 32 17" W Page 3 of 5 C-MI 10/08 PFV NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, manufacturing and commercial facilities. 15. Effluent Data [for new or proposed discharges] Provide data for the parameters listed. Temperature and pH shall be grab samples, for all otherparameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. NOTE: Permittees requesting renewal should complete the table ONLY for the parameters currently monitored. 5ummatri2e the Hatt. sionrrr nFnffltrintnt .arw�,. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) N/A N/A N/A Chemical Oxygen Demand (COD) N/A N/A N/A Total Organic Carbon N/A N/A N/A Total Suspended Solids N/A N/A N/A Ammonia as N N/A N/A N/A Temperature (Summer) N/A N/A N/A Temperature (Winter) 30.3 18.3 Celsius pH 8.1 Units Fecal Coliform (If sanitary waste is present) N/A N/A N/A Total Residual Chlorine (if chlorine is used) _ _ N/A N/A N/A W101ILLILy uvcrage values are not reported for pH since an arithmetic mean is not valid. 16. List all permits, construction approvals and/or applications (check all that apply and provide permit numbers or check none if not applicable). Type Permit Number Type Permit Number Hazardous Waste (RCRA) N/A NESHAPS (CAA) N/A UIC (SDWA) N/A Ocean Dumping .(MPRSA) N/A NPDES NCO081949 Dredge or fill (Section 404 or CWA) N/A PSD (CAA) N/A Other N/A Non -attainment program (CAA) N/A 17. List any chemicals that may be discharged (Please list and explain source and potential amounts.) Oil & Grease (Outfall 004 — previous 3 years of sample results were less than detection limit of 5 mg/L) Page 4 of 5 C-M 110/08 NPDES PERMIT APPLICATION - SHORT FORM C - Minor Industrial Minor industrial, .manufacturing and commercial facilities. 18. Is this facility located on Indian country? (check ohe) Yes ❑ No 19. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Mark J. Gross Vice President Hydro Operations APGI Printed name of Person Signing Title Date North Carolhfa General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 5 of 5 C-MI 10/08 U1 7 . _ _ _�—� _�F �+..�w_4�L_ 1 .:� . 1. 4'•..."r ,.._..a_..� �_...__ _ . ... ... .... PROJECT., almx01113 - - - - - - - GEL Engineering OF NC, Inc. ® ION FIGURE Tuckertowh"Powerhouse T Montgomery County, North Carolina TE MPA an Affiliate of THE GEL GROUP, lnc. .. � � � SI - " 1 Research Triangle Park, NC 27769 (919) 544-1100 DATE:: May 20, 2013 DRAWN BY: Korn I APPW BY: ADE pPPpo" Bell, Wes From: Montgomery, Allison N [Allison. Montgomery@alcoa.com] Sent: Monday, August 27, 2012 8:02 AM To: Bell, Wes Cc: Montgomery, Allison N Subject: FW: Submission of National Response Center Web Report Good Morning Wes. Late on Friday night, August 24th, the Alcoa Tuckertown Hydro facility location had an oil release/spill that resulted in 8 gallons of oil being released onto the water. We were able to clean-up all the oil off the surface of the water and prevent more oil from being released. This release was due to an equipment failure. I attached the release report to the NRC below but wanted to make sure you had a copy of the report. Please let me know if you need any additional information. Thanks! Allison Montgomery -----Original Message ----- From: HQS-PF-fldr-NRC@uscg.mil [mailto:HQS-PF-fldr-NRC@uscg.mil] Sent: Friday, August 24, 2012 8:38 PM To: Montgomery, Allison N; HQS-PF-fldr-NRC@uscg.mil; kevin.smith@uscg.mil; david.blevins@uscg.mil; craig.crockett@uscg.mil Subject: Submission of National Response Center Web Report *** CONFIRMATION OF REPORT RECEIVED AND PROCESSED BY THE *** *** NATIONAL RESPONSE CENTER 1-800-424-8802 *** Your input below has been reviewed and processed by the NRC and assigned to Incident Report # 1022136 INCIDENT DESCRIPTION *Report taken at 20:33'on 24-AUG-12 Incident Type: FIXED Incident Cause: EQUIPMENT FAILURE Affected Area: NARROWS RESERVOIR Incident was discovered on 24-AUG-12 at 10:45 local incident time. Affected Medium: WATER NARROWS RESERVOIR SUSPECTED RESPONSIBLE PARTY Organization: ALCOA NEW LONDON, NC 28127 INCIDENT LOCATION 711 TUCKERTOWN RD County: MONTGOMERY City: NEW LONDON State: NC Zip: 28127 ALCOA HYDROPOWER FACILITY- TUCKERTOWN LOCATION RELEASED MATERIALS) CHRIS Code: OLB Official Material Name: OIL, MISC,: LUBRICATING Also Known As: Qty Released: 8 GALLON(S) Qty in Water: 8 GALLON(S) 1 E1PPPPPF_ DESCRIPTION.OF INCIDENT ON 8/24/12 AT APPROXIMATELY 10:45 AM ONE OF THE ALCOA EMPLOYEES NOTIFIED ME THEY WERE CLEANING THE THRUST BEARING HEAT EXCHANGER FOR UNIT 2 DURING ROUTINE MAINTENANCE AND NOTICED THAT WHEN THEY PULLED THE ROD OUT OF THE TUBE OIL CAME OUT. IT LOOKED LIKE OVER TIME THE WALLS HAD GOTTEN THIN AND WHEN THE DEBRIS WAS REMOVED IT RUPTURED THE TUBE WHICH ALLOWED THE OIL TO LEAK INTO THE WATER JACKET. THE OIL IN THE THRUST BEARING SUMP WAS ML 680 AND THE WATER DISCHARGES INTO OUTFALL 002 SO I HAD THEM TO CHECK THE TAILRACE FOR AN OIL SHEEN. THE EMPLOYEE REPORTED BACK THE HE THOUGHT IT LOOKED LIKE THERE MAY BE A SHEEN. WE CONTACTED DISPATCH AND HAD THEM SHUT DOWN UNIT 3, WHICH THEY JUST STARTED AND TOOK ALL 3 UNIT AT TUCKERTOWN OUT OF SERVICE TO PREVENT THE SHEEN FROM SPREADING. I NOTIFIED THE ALCOA CREW AT HIGH ROCK AND HAD THEM HEAD TO TUCKERTOWN TO HELP WITH THE CONTAINMENT AND CLEANUP. THIS WAS THEN REPORTED INTERNALLY WITHIN ALCOA AND CLEAN-UP WAS INITIATED. WE LAUNCHED OUR BOAT AND BEGAN DEPLOYING BOOMS. THE WIND WAS BLOWING UP RIVER AND PUSHED THE OIL TO THE DAM WHICH AIDED IN THE CLEANUP. WE USED TWO 100' BOOMS MADE UP OF OIL ABSORBENT PADS TO CONTAIN AND COLLECT THE SHEEN. WE ALSO USED HTP TO COLLECT THE OIL AND REMOVE THE SHEEN FROM THE WATER. THE WAS ACCOMPLISHED BY BROADCASTING THE HTP INTO THE WATER AND ALLOWING IT TO COLLECT ANY OIL ON THE WATER AND WE DIPPED THE HTP OUT WITH NETS AND PLACED THE CONTAMINATED DEBRIS INTO DRUMS. THE CLEANUP WAS COMPLETED AT 4:00 PM AND NO SHEEN WAS VISIBLE ON THE WATER. UNIT 1 AND 3 WAS RETURNED TO SERVICE AND UNIT 2 WAS TAGGED OUT FOR REPAIRS. APPROXIMATELY 8 GALLONS OF OIL WAS CLEANED UP ON THE SURFACE OF THE WATER. INCIDENT DETAILS Package: NO Building ID: Type of Fixed Object: DAM Power Generating Facility: YES Generating Capacity: Type of Fuel: NATURAL NPDES: NPDES Compliance: UNKNOWN ---SHEEN INFORMATION --- Sheen Color: RAINBOW Sheen Odor Description: Sheen Travel Direction: Sheen Size Length: Sheen Size Width: ---WATER INFORMATION --- Body of Water: NARROWS RESERVOIR Tributary of: Nearest River Mile Marker: Water Supply Contaminated: NO IMPACT Fire Involved: NO Fire Extinguished: UNKNOWN INJURIES: NO Hospitalized: Empl/Crew: Passenger: FATALITIES: NO Empl/Crew: Passenger: Occupant: 2 Pp PACUATPI07NS:NO Who Evacuated: Radius/Area: Damages: NO Hours Closure Type Description of Closure Closed N Air: N Road: N > Waterway: N Track: Environmental Impact: N0 Media Interest: NONE Community Impact due to Material: REMEDIAL ACTIONS Direction of Closure Major Artery:N CLEANED UP OIL SPILL WITH ABSORBENT MATERIALS. ALL OIL WAS REMOVED FROM THE SURFACE OF THE WATER Release Secured: YES Release Rate: Estimated Release Duration: Weather: CLEAR, °F Wave Condition: 0 CALM Federal: State/Local: State/Local On Scene: State Agency Number: WEATHER ADDITIONAL AGENCIES NOTIFIED ADDITIONAL INFORMATION Report any problems by calling 1-800-424-8802 PLEASE VISIT OUR WEB SITE AT http://www.nrc.uscg.mil 3 Beverly Eaves Perdue Governor i� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director May 20, 2010 Mr. Mark Gross Alcoa Power Generating, Inc. Post Office Box 576 Badin, North Carolina 28009 Subject: Compliance Sampling Inspection Tuckertown Powerhouse NPDES Permit No. NCO081949 Stanly County, NC Dear Mr. Gross: Dee Freeman Secretary Enclosed is a copy of the Compliance Sampling Inspection Report for the inspection . conducted at the subject facility on May 12, 2010 by Mr. Wes Bell of this Office. Please advise the facility's Operator -in -Responsible Charge by forwarding a copy of the enclosed report. The report should be self-explanatory; however, should you have any questions concerning this report, please do not hesitate to contact Mr. Bell at (704) 663-1699. Sincerely, Marcia Allocco Acting Regional Supervisor Surface Water Protection Enclosure: Inspection Report cc: Stanly County Health Department Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: hftp://portal.ncdenr.org/web/wq 'One NorthCarolina An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled110% Post Consumer paper d. 0-0057 ' jq United States Environmental Protection Agency Form Approve Washington, D.C. 20460 EPA OMB No. 204 Water Compliance Inspection Report Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI 2 15I 31 NCO081949 111 121 10/05/12 117 18I SI 19I SI 20I Remarks 2,IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA -- - --- --- -Reserved---------- 671 1.5 169 701 41 711 NJ 72I N I 73 I I 174 751 I I I I I Li 80 W Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) ' 12:40 PM 10/05/12 09/10/01 Tuckertown Powerhouse Exit Time/Date Permit Expiration Date NCSR 1164 Badin NC 28009 01:40 PM 10/05/12 14/01/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Jeffrey Todd Henley/ORC/704-422-5567/ Mark J Gross//704-422-5774 /7044225776 Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Mark J Gross,PO Box 576 Badin NC 280090576//704-422-5774/7044225776 Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance ■ Records/Reports Self -Monitoring Program ■ Sludge Handling Disposal Facility Site Review Effluent/Receiving Waters Laboratory Section D: Summaryof Finding/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Wesley N Bell n ¢y- b lf MRO WQ//704-663-1699 Ext.2192/ Ignature of Management Q �Revwer Agency/Office/Phone and Fax Numbers Date) �. �� arcia� llocoV MRO WQ//704-663-1699 Ext.2204/ EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 JPPermFit:NC0081949 Inspection Date: 05/12/2010 Inspection Summary: Owner - Facility: Tuckertown Powerhouse Inspection Type: Compliance Sampling Reason for Visit: Routine Location pH Temperature Dissolved Oxygen Conductivity* Upstream* 7.46 22.9 °C 8.80 mg/L 85 µs/cm Effluent 7.15 19.9 °C > 8.0 mg/L 101 µs/cm Downstream* 6.88 21.26 °C 6.90 mg/L 84 µs/cm Notes: * denotes no permit monitoring requirement for selected location and/or parameter. Effluent was collected from the effluent tank of Outfall 004. Downstream sample was collected adjacent to tailrace. Page: 2 Permit: NCO081949 Inspection Date: 05/12/2010 Owner- Facility: Tuckertown Powerhouse Inspection Type: Compliance Sampling Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ n n n # Are there any special conditions for the permit? ❑ n ■ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: The subject permit expires on 1/31/14. Record Keeping Yes No NA NE Are records kept and maintained as required by the permit? ■ n n n Is all required information readily available, complete and current? ■ ❑ ❑ ❑ Are all records maintained for 3 years (lab. reg. required 5 years)? n n n ■ Are analytical results consistent with data reported on DM Rs? ■ n n n Is the chain -of -custody complete? ■ n n n Dates, times and location of sampling ■ Name of individual performing the sampling ■ Results of analysis and calibration ■ Dates of analysis ■ Name of person performing analyses ■ Transported COCs ■ Are DMRs complete: do they include all permit parameters? ■ Has the facility submitted its annual compliance report to users and DWQ? n n ■ n (If the facility is = or> 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? ❑ ❑ ■ n Is the ORC visitation log available and current? ■ n n n Is the ORC certified at grade equal to or higher than the facility classification? ■ ❑ n n Is the backup operator certified at one grade less or greater than the facility classification? ■ n n n Is a copy of the current NPDES permit available on site? ■ n n n Facility has copy of previous year's Annual Report on file for review? n f] ■ ❑ Page # 3 IPF Permit: NC0081949 Owner -Facility: Tuckertown Powerhouse Inspection Date: 05/12/2010 Inspection Type: Compliance Sampling Record Keeping Yes No NA NE Comment: The records reviewed during the inspection were organized and well maintained. The self -monitoring data for 2009 was reviewed and no effluent limit violations were reported. A "0.00" MGD flow value and an oil and grease effluent value were reported for Outfall 004 on the 3/09 DMR; however, the inspection verified that both discrepancies were transcription errors. The flow value should have been reported as 0.001 MGD and the value reported for oil and grease was actually an effluent temperature value (no oil and grease sample was collected). An amended 3/09 DMR will be resubmitted. The ORC and/or Backup ORC must ensure their visitations are . documented on the future DMRs that are submitted. Note: The ORC is currently documenting visitations and maintenance in a log book that is maintained on -site. Laboratory Yes No NA NE Are field parameters performed by certified personnel or laboratory? ■ n n n Are all other parameters(excluding field parameters) performed by a certified lab? ®n n n # Is the facility using a contract lab? ■ ❑ ❑ ❑ # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? ■ n n n Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? n n ■ n Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? n n ■ I_l Comment: On -site field analyses (pH and temperature) are performed under laboratory certification #5122 (Alcoa, Inc.). Test America, Inc. has also been contracted to provide analytical support. The pH meter appeared to be properly calibrated (and documented). Effluent Sampling Yes ' No NA NE Is composite sampling flow proportional? n n ■ n Is sample collected below all treatment units? ■ n p n Is proper volume collected? ■ n n n Is the tubing clean? n n ■ n # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? n n ■ n Is the facility sampling performed as required by the permit (frequency, sampling type representative)? ■ n n n Comment: The subject permit requires effluent grab samples. All monitoring frequencies were correct during the review of the 2009 self -monitoring data. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n n n Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge n n ■ n Judge, and other that are applicable? Page # 4 Permit: NCO081949 Inspection Date: 05/12/2010 Owner -Facility: Tuckertown Powerhouse Inspection Type: Compliance Sampling Operations & Maintenance Comment: The facility appeared to be properly operated and well maintained. The oil collected by the oil/water separator is removed and disposed (Mauldin, S.C.) by a contracted company (Ashland). An oil detection/monitoring system has been installed at the oil/water separator that will notify facility personnel (via 24-hour dispatch system) of any oil accumulations of 1/4" or greater. No biocides are added to the once -through cooling water and no chemical wheel pit cleaning is performed at this facility. Flow Measurement - Effluent Yes No NA NE # Is flow meter used for reporting? fl n ■ Is flow meter calibrated annually? n n ■ n Is the flow meter operational? n n ■ n (If units are separated) Does the chart recorder match the flow meter? n n ■ n Comment: The reported flows are based on calculations that include pipe diameter, pipe volume, and duration of discharge. Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? n n ■ n Are the receiving water free of foam other than trace amounts and other debris? ■ n n n If effluent (diffuser pipes are required) are they operating properly? n n ■ n Comment: No oil sheens were observed at the tailrace. Outfall 004 was not discharging at the time of the inspection; however, the sample collected from the tank appeared clear with no oil sheens. See "Summary" Section for the results of the on -site sampling performed during the inspection. Page # 5 A74 NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: Coleen H. Sullins Director Dee Freeman Secretary August 20, 2009 AUG 2 6 2009 fY"rN�xsu Subject: Issuance of NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County 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 October 15, 2007 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on July 1, 2009. 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 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location:"512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 NorthCarohna Internet: www.ncwaterquality.org yr�//� An Equal Opportunity 4Affinn(J%[¢t6 LbativeActionEmployer Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Sergei Chernikov at telephone number (919) 807-6393. S' erely, oleen H. Sullins cc: IRO-S:urface'Water Protection T NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 T��One 1 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 l y ofth C `1rolina Internet: ppornnity\Aquality Action An Equal Opportunity 1 Affirmative Action Employer Permit NC0081949 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 provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at the Tuckertown Powerhouse on NCSR 1164 Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 1, 2009. This permit and authorization to discharge shall expire at midnight on January 31, 2014. Signed this day August 20, 2009. ,jCeen!H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO081949 SUPPLEMENT TO PERMIT COVER SHEET Allprevious NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit 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. Alcoa Power Generating, Inc. is hereby authorized to: 1. Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at the Tuckertown Powerhouse [NCSR 1164, near Tuckertown] in Stanly County. 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River, currently classified as WS-IV & B CA waters in the Yadkin -Pee Dee River Basin. 4. A, Q �N NN V-4 11 Discharge Point jX, Rp, 1; _47 MW Op.r ;W -7 - X. M. to: A tox;g NCO081949 — Tuckertown Powerhouse Latitude: 35'29'07" Sub -Basin: 03-07-08 Longitude: 80010'34" Quad #: F18NW Stream Class: WS-IV & B CA Receiving Stream: Yadkin River Facility Location Stanly County L N Map not to scale Permit NCO081949 A. (1) - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [001 / 002 / 0031 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfalls 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: ,PARAMETER s , ; :. :LIMITATIONS _. Monitorri' Re urements .Monthly Average x Daily Maximum Effluent Measurement, Frequenc Sample Type Sample Location*< Flow (MGD) Annual Estimate Effluent Temperature' 1 1 Annual Grab Effluent pH2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A. (2) BIOCIDE CONDITION There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to the use of any biocide (not previously approved by the Division) in the effluent discharged under this permit. Approval for use of any biocide not previously approved should be requested at least 90 days in advance of any planned usage. Contact the Aquatic Toxicology Unit for detailed instructions on requesting approval of biocides: NC DENR / DWQ / Aquatic Toxicology Unit 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Permit NCO081949 A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [004] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge stormwater from outfall 004 [Sump Drain]. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER DISCHARGE'LIMITATIONS >` Monitoring -Requirements" ... , " Monthly Avera ejy Daily Maximum Measurement Frequenc Sample 'T "eA :Sample 3, Location"',, Flow Annual Estimate Effluent Oil and Greaser 15 m /L 20.0 m /L I Annual Grab Effluent H2 Annual Grab Effluent NOTES: * Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the. rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre - approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30th following the completed reporting period. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Defffikions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. Week Samples are collected three tunes per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measuredd 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. B)Vass 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 Week The period from Sunday through the following Saturday. 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 interval 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 Version 512009 NPDES Permit Standard Conditions Page 2 of 18 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/ volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This naetbod may only be used m situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples 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. D aily D ischargee 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) D aily M aximum The highest " daily discharge" during the calendar month. D aily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. 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 L imitations and Monitoring Page(s). D WQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Managcment Commission. EPA The United States E nvironmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow dis 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 level]") shall be considered = 1. Version 512009 NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 nil 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 tinder 40 CFR Part 116 pursuant to Section 311 of the CWA. 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. Monthly Average (concentration 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. QuarterlyAverage (concentration limit) The average of all samples taken over a calendar quarter. Severe pro=t)� dmgge 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 CWA. j1pset 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 Average (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. Section& Geneml Conditions 1. Duty to Comte. The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA 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. Version 512009 NPDES Permit Standard Conditions Page 4 of 18 b. The CWA provides that any person who violates section[s] 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 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who 1x#W—fiyviolates 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 tinder section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(bX8) 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. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmdrg(y 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. 133 USC 1319 (c) (2) and 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 tinder 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)(3XB)(iii) 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 5 143-215.6A] 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 tinder section 402 of this Act. Administrative penalties for Class I violations are not to, exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amouunt of any Class II penalty not to exceed $177,500. [33 USC 1219 (g) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minh-nize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part lI. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 Version 512009 NPDES Permit Standard Conditions Page 5 of 18 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. Property Ri its 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 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability 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. Dutyto Reapply 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. SiMatory RMuirements Ajl applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All pemi t applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, 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 Version 512009 NPDES Permit Standard Conditions Page 6 of 18 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 122.221. 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. 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 122.221 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 122.221 d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "Y certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false 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 122.41 (01. 13. Permit Modification, Revocation and Reissuance, or Termination 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 Administering and Compliance Monitoring 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 21-1.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 512009 NPDES Permit Standard Conditions Page 7 of 18 Section C. Operation and M airAcnance of Pollution Controls 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.02011. The ORC of each Class I facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Complywith all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system the treatment facility must be visited 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 anew system 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 backup 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)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 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. Bwassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] Version 512009 NPDES Permit Standard Conditions Page 8 of 18 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 assi-re 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)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part IT. 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 wasunavoidable navoidable 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 downti ne. 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. Upsets a. Effect of anupset [40 CFR 122.41 (n) (2)1: 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 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: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E . 6. (b) 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 122.41(n) (4)1: The Permittee seeking to establish the occurrence of an upset has the btu -den 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal 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 maybe Version 512009 NPDES Permit Standard Conditions .Page 9 of 18 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) 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. SectionD. Mon MdM and Records Representative Sampling 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 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative 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 Mail Service Center Raleigh, North Carolina 27699-1617 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 manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://1-i2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC reggulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (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 122.411. 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 minimuuri detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA 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 122.411. 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. This period may be extended by request of the Director at any time [40 CFR 122.411. 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 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection 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 maybe required bylaw, to; a. Enter upon the Permittee's premises where a regullated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; Version 512009 NPDES Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 (i)] . Section E Revoiting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Chances The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 GA. soon as possible of any planned physical alterations or 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 122.42 (a) 0). 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 disposalsites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. AnticipateclNoncompliance 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 [40 CFR 122.41 a) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownerslup. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. 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. 6. Twent- 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)]. Version 512009 NPDES Permit Standard Conditions Page 12 of 18 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 (1) (7)]. 8. Other Information Where the Peririittee 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 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 Reports 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 143-215.1(bX2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA 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 ptulished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Perimuttees who own or operate facilities that collect or treat rn uiicipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.10. 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. Version 512009 NPDES Permit Standard Conditions Page 13 of 18 The report shall be prov which annual period is u The report shall be sent i NC DE 1617 M; Raleigh, SectionA. Cornrsuction The Permittee shall not cor capacity, nor change the trc Authorization to Construct the proposed. construction The Permittee shall, upon wt determine the compliance of I no later than sixty days after the end of the calendar or fiscal year, depending upon for evaluation. R / DWQ / Central Files Service Center C 27699-1617 PART III OTHER REQUIREMENTS ice construction of wastewater treatment facilities, nor add to the plant's treatment nt process(es) utilized at the treatment plant unless the Division has issued an :) permit. Issuance of an AtC will not occur until Final Plans and Specifications for been submitted by the Permittee and approved by the Division. . notice from the Director, conduct groundwater monitoring as may be required to NPDES permitted facility with the current groundwater standards. The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: (40 CFR 122.42): a. That any activity has basis, of any toxic po following "notificati( 0) One hundred mic (2) Two hundred mi per liter (500 pg/ 0 mg/L) for antic (3) Five times the nx b. That any activity has infrequent basis, of a highest of the followin a) Five hundred mict (2) One milligram per (3) Ten times the may The Permittee shall evaluate all alternative of the reasonably co and conditions of the NPDE S such form and detail as requirex notification by the Division. The Permittee must notify the covered by this permit. The D adverse impacts to waters of tf continue at the permitted facili ccurred or will occur which would result in the discharge, on a routine or frequent tant which is not limited in the permit, if that discharge will exceed the highest of the levels"; )grams per liter 000 pg/ L ); ograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms for 2.4-dinitrophenol and for 2-methy4-4.6-dinitrophenol; and one milligram per liter concentration value reported for that pollutant in the permit application. occurred or will occur which would result in any discharge, on a non -routine or toxic pollutant which is not limited in the permit, if that discharge will exceed the "notification levels"; )grates per liter (500 pg/L); liter 0 mg/L) for antimony, mu n concentration value reported for that pollutant in the permit application. wastewater disposal alternatives and pursue the most environmentally sound effective alternatives. If the facility is in substantial non-compliance with the terms �rmit or governing rules, regulations or laws, the Permittee shall submit a report in by the Division evaluating these alternatives and a plan of action within 60 days of ivision at least 90 days prior to the closure of any wastewater treatment system ision may require specific measures during deactivation of the system to prevent State. This permit cannot be rescinded while any activities requiring this permit Version 512009 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Defnutions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDE S Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Throull A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDE S permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] " SigLiificant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)1: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTW s sludge disposal options. Sections. Publicly Owned TwatniffrtWorks (POT Ws) All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 2. NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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 P, TW 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 � to the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality o, effluent to be discharged from the POTW. :ion C. 16 pp cipal Corrtrol of Pollutants fiom IndustrW Users. I. Effluent limitations are }isted 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 esI ablish 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. Prohibited Discharges a. Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system br waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 21-1.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or vast I collection system [40 CFR 403.5 (b)]: an 1. Pollutts ch create a fire or explosion hazard in the POTW, including, but not limited to, wastestream�s 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; 2. Pollutants which 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; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; 4. 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; 5. Heat in amounts which will may inhibit biological activity -in the POTW resulting in Interference, but in no cafe heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°Fj) unless the Division, upon request of the POTW, approves alternate temperature limits; 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. 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; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual disch� arges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee sh< Office. Any infoi aware of the circa Permittee becomf the discharge, the I report such discharges into the WWTP to the Director or the appropriate Regional I shall be provided orally within 24 hours from the time the Permittee became istances. A written submission shall also be provided within 5 days of the time the aware of the circumstances. The written submission shall contain a description of vestigation into possible sources; the period of the discharge, including exact dates Version 512009 NPDES Permit Standard Conditions Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, With regard to the effluent requirements listed in Part I of this permit, it maybe necessaryfor 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 maybe necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 21-1.0907 (a) and (b). [40 CFR 122.44 (j) (2)] 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 CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretwatnx iA Pipg Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 21-1.0900, 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. [40 CFR 122.44 (j) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 21-1.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1),(2)] Industrial Waste Survey (IWS) The perinittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conductedd tinder paragraph B, 2, c, of this Part. 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.S.). [15A NCAC 2H.0906 (b) (2) and .09051 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a 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 (i.e., an Version 512009 NPDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. 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 (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 HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) 01 7. POTW Inspection & Monitoring; of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (0 (1) (v) and (2) (iii); 40 CFR 122.44 (j) (2)] 9. Enforcement Response Plan (E RP The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the E nforcement Response Plan (E RP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) maybe required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 512009 NPDES Permit Standard Conditions Page 18 of 18 For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PE RCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance (SN C); b.) Pretreatment Progcam Stu� (PPS) A pretreatment program summaiy (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the SIU. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permitteds Division - approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 21-1.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)1 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 21-1.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.6906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 21-1.0907. Version 512009 0 SOC Priority Project: No To: Western NPDES Program Unit Water Quality Section Attention: Dina Sprinkle Date: September 8, 2008 NPDES STAFF REPORT AND RECOMMENDATIONS County: Manly NPDES Permit No.: NCO081949 PART I - GENERAL, INFORMATION 1. Facility and address: Tuckertown Powerh, Alcoa Power Genera Post Office Box 576 Badin, N.C. 28009 2 3. 11 Date of investigation: N/A Report prepared by: Samar Bou-Ghazale, Inc. Engineer II Person contacted and telephone number: Mr. Mark Gross, (704) 422-5623 5. Directions to site: From the jet. of Hwy. 49 aj Montgomery County, travel south on SR 1164 located on the right,'(west) side of the road. 6. Discharge point(s), list for all discharge points: Latitude: 350 29' 07" Longitude: 800 10' 34" Attach a USGS Map extract and indicate USGS Quad No.: E 18 NE I SR 1164 on the eastern edge of :z::1.6 miles. The Tuckertown Powerhouse is plant site and discharge point on map. 7. Size (land available for expansion and upgrading): There is little, if any area available for the construction of wastewater treatment facilities should they be needed. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. o e . j 4 Page Two 9. Location of nearest dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving stream or affected surface waters: Yadkin River a. Classification: WS-IV and B, CA b. River basin and subbasin no.: Yadkin 03-07-08 C. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume and type of Wastewater: (MGD) Outfalls 001, 002, & 003: 0.04536 MGD Outfall 004: 0.0001 MGD Outfalls 001, 002, & 003: Generator thrust bearing cooling water. Outfalls 004: Wheelpits drainage, powerhouse floor drains, oil and sludge skimmer, and powerhouse sump. b. Current permitted capacity: N/A C. Actual treatment capacity: N/A d. Descriptionof existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. 2. Residuals handling and disposal scheme: There are no residuals generated at any of the outfalls. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVAILUATION AND RECOMMENDATIONS The applicant, Alcoa Power Generating, Inc., operates a powerhouse (dam) on the Yadkin River known as the Tuckertown Powerhouse. There have been no changes and/or modifications to this facility or the subject permit since the permit was last issued. Pending review and approval by the Western NPDES Program Unit, it is recommended that the permit be renewed as requested. Signature of Repoff Preparer Date i Surface Water Quality Regional Supervisor Date W ATF9QG c r MARK J GROSS FACILITY MANAGER ALCOA POWER GENERATING INC PO BOX 576 BADIN NC 28009 Dear Mr. Gross: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 8,, 2008 R YM—" lid , Dire 'bivrs Hof Q Y U)", -, , AUG 1 1 2008 NC DEER MRO DSO -Surface Water Protection Subject: Receipt of permit renewal application NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County The NPDES Unit received your permit renewal application on August 5, 2008; however, on initial review we note that a Sludge Management Plan was not included in the submitted paperwork. Please submit to this unit a Sludge Management Plan or a statement indicating that a Sludge Management Plan is not required. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. If you have any additional questions concerning renewal of the subject permit, please contact Sergei Chernikov at (919) 807-6393. cc: CENTRAL FILES r • e/Surface Water Protection NPDES Unit Mailing Address 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Fax (919) 807-6492 Sincerely, sc-/40a':4� Dina Sprinkle NPDES Unit Location NorthCarolina 512 N. Salisbury St. NawAl"kJ Raleigh, NC 27604 Internet: www.ncwateroualitv.org Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper NPDES PERMIT APPLICATION- SHORTFORM C - Minor Industrhal Minor industrial, manufacturing a:id commercial facilities. Mail the complete application to: N+ C. Department QUA Environment and Natural Resources Division of Water Quality / lidPDES Unit 1617 Mail Service: Center, Raleigh, NC 27699-1617 NPDES Permit Number INC0081949 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information - Owner Name Facility Name Mailing Address City Stan-: / Zip Code Telephone Number Fax Number e-mail Address Alcoa Power Generating, Inc Tuckertown Powerhouse P.O. Box 576 Badin N.C. 28009 (704)422-5774 (704)422-5776 AUG - 5 2008 Mark. Gross@alcoa.com 2. Location of facility producing discharge: Check here if same as above ❑ Street Address or State Road City State / Zip Code County Tuckertown Road New London N.C. 28127 Montgomery ULNK - WAI LK VUALI I Y POINT SOURCE BRANCH 8. Operator Information.: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Alcoa Power Generating, Inc Mailing Address P.O. BOX 576 City Badin State / Zip Code N.C. 28009 Telephone Number (704)422-5774 Fax Number (704)422-5776 Page 1 of 4 C-MI 03/05 NPDES PERMIT APPLICATION - SHORT FORM& C - Minor Industrial Minor industrial, manufacturing and commercial. facilities. 4. Ownership Status: Federal [] State ❑ Private 0 Public 5. Standard Industrial Classification (SIC) code(s): 4911 6. Number of employees: 4 7. Describe the treatment systems List all installed waste treatment components with capacities, describe the processes that generate wastewaters. If the space provided is not sufficient attach a separate sheet of paper with the system description. See Attached Flour Diagram S. Is facility covered under federal effluent limitation guidelines? No Z Yes ❑ If yes, specify the category? 9. Principal product(s) produced: Electricity Principal raw material(s) consumed; A Briefly describe the manufacturing process(es): Hydroelectric Generation Page 2 of 4 C-MI 03105 NPDES PERMIT APPLICATION - SHORT FOR C ® Minor Industrial Minor industrial, manuffacturing and commercial facilities. 10. Amount of principal product produced or raw material consumed (List specific amounts consumed and/or units of production over the last three nears) Product Produced or Raw material Consumed AVERAGE Product Produced or Raw material Consumed PEAK per Day 440 MW 1020 MW per Month 13,379 MW 31,025 MW per Year 160,542 mw 1372,300 11. Frequency of discharge: Continuous ❑ If intermittent: Days per week discharge occurs: 7 Intermittent Duration: 12. Types of wastewater discharged to surface graters only Discharge �iY.LONS PER DAY) (GALLONS Sanitary - monthly average NA Utility water, etc. - monthly average NA Process water - monthly average 1,050 Stormwater - monthly average NA Other - monthly average Explain: Cooling Water 1,361,800 Monthly Average total discharge (all types) 1,362,850 13. Number of separate discharge points: 4 Outfall Identification number(s) 001, 002, 003, 004 14. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitude): Yadkin River Page 3 of 4 C-MI 03105 TUCKERTOWN POWERHOUSE NPDES PERMIT NO. NCO081949 UNITS 1, 2,3 -----L Yadkin River SCROLL CASES Powerhouse Units 1,2 and 3 Unit One Unit Two Unit Three Floor Wheelpits Generator Generator Generator Drains Drainage Thrust Bearing Thrust Bearing Thrust Bearing 50 Gal/Dav Cooling Water 453.600 Gal/Dav Cooling Water 453,600 Gal/Dav Cooling Water 453,600 Gal/Da) I Oil and Sludge Skimmer 1,000 Gal/Dav POWERHOUSE Outfall # 004 Outfall # 003 Outfall # 002 Outfall # 001 Into Yadkin Into Yadkin Into Yadkin Into Yadkin River River River River Unit One Generator Unit Two Generator Unit Three Generator Discharge per 24 Hrs. Discharge per 24 Hrs. Discharge per 24 Hrs. 2,068,329,600 Gals. 2,068,329,600 Gals. 2,068,329,600 Gals. ..1 PROJECT: al=01606 GEL Engineering OF NC, Inc. ® TuCkertown Powerhouse SITE LOCATION FIGURE an Affliate ojTHE GEL CROUP, Inc. Montgomery County, North Carolina MAP Post Office Box 14262 Research Triangle Perk, NC 27709 (919) 544-1100 DATE: August 1, 2008 DRAWN BY: KDM APPRV. BY: ADE To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver SOC Priority Project: No Date: October 8, 2003 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NCO081949 MRO No.: 03-80 PART I - GENERAL INFORMATION 1. Facility and address: Tuckertown Powerhouse c/o .Alcoa Power Generating, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of investigation: May 22, 2003 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Mr. Larry McKaskill, (704) 422-5623 5. Directions to site: From the jct. of Hwy. 49 and SR 1164 on the eastern edge of Montgomery County, travel south on SR 1164 z 1.6 miles. The Tuckertown Powerhouse is located on the right (west) side of the road. 6. Discharge point(s), list for all discharge points: - Latitude: 350 29' 07" Longitude: 800 10' 34" Attach a USGS Map extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any area available for the construction of wastewater treatment facilities should they be needed. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. Page Three PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Alcoa Power Generating, Inc. (formally Yadkin, Inc., a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as the Tuckertown Powerhouse, which until about six months ago generated hydroelectric power that was used in ALCOA's aluminum manufacturing process. Due to poor economic conditions and the global aluminum market, ALCOA has since curtailed all manufacturing operations, and the dams are now only used to produce hydroelectric power that is sold to local electric utility companies. There have been no changes and/or modifications to this facility or the subject permit since the permit was last issued. Although the applicant indicates that this facility is located in Montgomery County (the dam actually connects Montgomery to Stanly County), it was mutually agreed to several years ago by Alcoa personnel and DWQ staff that this facility should be listed in the permit as being located in Stanly County. This allows for not only this dam, but all of Alcoa's four (4) dams to be administered by one regional office, which also helps to simplify the communications between the company and the division. It is recommended that the permit be renewed as requested. Signature of Re rt Preparer Date Water Quality Re nal Supervisor Date hAdsr\dsr03\tucktown.sr State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Mr. Mark Gross V Alcoa Power Generating, Inc. PO Box 576 Badin, North Carolina 28009 Dear Mr. Gross: A6 f 2003 WD'1- R-, NCD -- NORTH CAROLING' DEPAARfMENT ENVIRONMENT AND NATURAL RESOURCES July 29, 2003 126dS Subject: NPDES Permit Renewal Application Permit NCO081949 Tuckertown Powerhouse Mbp@ j6ffi-e-ry County L �J The NPDES Unit received your permit renewal application . on July 25, 2003. Thank you for submitting this package. - The permit renewal for this facility has been assigned to Charles Weaver. This staff member will contact you if further information is needed to complete the permit renewal. Please note- that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NCO081949 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511. cc: Fayettev I Regional Office, Water Quality Section NPDES File Central :Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http:lm2o.enr.state.nc.us1NPDES Sincerely, Valery Stephens Point Source Unit 919 733-5083, extension 520 (fax) 919 733-0719 Valery.Stephens@ncmail.net � DE / v j N. C PERMIT APPLICATION - SHORT FORM C or commercial facilities with a discharge <1 MGD (or WTPs) 3artment of Environment and Natural Resources Division of Water Quality / NPDES Unit Mail Service Center, Raleigh, NC 27699-1617 o��P"so rth Carolina NPDES Permit Number NC00 81949 O�� Please print or type plicant and facility producing discharge A. Name Alcoa Power Generating, Inc - Tuckertown Powerhouse B. Mailing address of applicant: Street address P.O. Box 576 City Badin County Stanly State N. C. Zip Code 28009 Telephone Number (704) 422-5774 Fax Number (704 )422-5776 e-mail address Mark. Gross@Alcoa.com C. Location of facility: Contact Person Mark J. Gross Street Tuckertown Road City N/A County Montgomery State N.C. Zip Code N/A Telephone Number (704) 422-5774 2. Standard Industrial Classification (SIC) code(s): 4911 3. Number of employees: 4 4. Principal product(s) produced: Electricity Principal raw material(s) consumed: N/A 5. Principal process(es): Hydroelectric Generation 6. Amount of principal product produced (or raw material consumed) (List specific amounts consumed and/or units of oroduction) Product Produced or Raw Material Consumed AVERAGE Product Produced or Raw Material Consumed PEAK per Day 440 MW 1020 MW per Month 13,379 MW 31,025 MW per Year 160,542 MW 372,300 MW 7. Check here if discharge occurs all year F_-x_1 or Circle the month(s) in which discharge occurs: January February March April May June July August September October November December o­ i . f 7 v MMVI NPDES PERMIT APPLICATION - SHORT FORM C For manufacturing or commercial facilities with a discharge <1 MGD (or WTPs) Days per week discharge occurs: Seven (7) NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow GALLONS PER OPERATING DAY Volume treated before discharging PERCENT Sanitary - daily average NA Cooling water, etc. - daily average 1,361,800 0 Process water - daily average 1,050 95 Maximum per operating day for total discharge (all types) 1,362,850 <1 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the-amount(s) discharged. below: A. Municipal sewer system NA gpd B. Underground well NA gpd C. Septic tank 300 gpd D. Evaporation lagoon or pond NA gpd E. Other, specifygpd 10. Number of separate discharge points: 4 11. Name of receiving stream(s): Yadkin River 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel Eiigrease phenols selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed name of Wrson S Title Signature of �p licant ' Date North Carolina Gene al tatuie 143 215.6B (i) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other ument files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or o— 1) ..f o v.,...a..., 4410nnil TUCKERTOWN POWERHOUSE NPDES PERMIT NO. NCO081949 UNITS 1, 2,3 Yadkin River SCROLL CASES Powerhouse Units 1,2 and 3 Unit One Unit Two Unit Three Floor Wheelpits Generator Generator Generator Drains Drainage Thrust Bearing Thrust Bearing Thrust Bearing 50 Gal/Dav Cooling Water 453.600 Gal/Dav Cooling Water 453.600 Gal/Dav Cooling Water 453.600 Gal/Da) I I Oil and Sludge I Skimmer 1,000 Gal/Day POWERHOUSE Outfall # 004 Outfall # 003 Outfall # 002 Outfall # 001 Into Yadkin Into Yadkin Into Yadkin Into Yadkin River River River River Unit One Generator Unit Two Generator Unit Three Generator Discharge per 24 Hrs. Discharge per 24 Hrs. Discharge per 24 Hrs. 2,068,329,600 Gals. 2,068,329,600 Gals. 2,068,329,600 Gals. TerraServer Image Courtesy of the U SU5 rdgu 1 Ul 1 Send To Printer Back To TerraServer Change to 11x17 Print Size Show Grid Lines Change to Landscape 0' '2Km 0' '1Mi Image courtesy of the U.S. Geological Survey © 2003 Microsoft Corporation. All rights reserved. Terms of Use http://terraserver-usa.com/printimage. aspx?T=2&S=14&X=179&Y=1227&Z=17&W=2... 07/22/2003 State of North Carolina Department of Environment and Natural Resources a .Division of Water Quality ✓'Michael F. Easley, Governor William G. Ross, Jr., Secretary�' Alan W. Klimek, P.E., Director January 23, 2004 Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: FEB 0 6 2004 WATT =� ALff Y -ECTION Subject: Modifications to NPDES Permits Permits: NCO081957 NCO076775 0NC0081949 NC0081931 Based on your comments dated December 17, 2003, the Division of Water Quality has modified the Alcoa Power Generating, Inc. permits. Unfortunately, your comments were submitted after the 30-dav comment period and we were unable to make corrections in the final permits, so they are being made with this modification. The reference to Special Condition A(3) Penstock Sump Drains has been removed from Permit NC0081957, and the date for submitting the first DMR has been changed to January 30, 2005 in the following permits: NC0076775, NC0081957, NC0081949, NC0081931. Please find enclosed the revised permit pages. The revised pages should be inserted into your permit. The old pages may then be discarded. All other terms and conditions contained in the original permits remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification 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. If you have any questions concerning this permit modification, contact Sergei Chernik-ov at the telephone number 919-733-5083, extension 594. cc: NPDES Unit Mooresville Regional Office / Water Quality Section Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer Sincerely, Alan W. Klimek, P.E. 919 733-5083 (fax) 919 733-0719 http://h2o.enr.state.nc.us/NPDES A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARAC PRxSTIC,S'wDISC%I2GE�I.YMITATXOl�1S , M4lTClRING RE UIREIVIENTS .. E Sample 'Weekl Maxiinurn uene e Location* h. uea e. : . Flow (MGD) Annual Estimate E Temperature' 1 1 Annual Grab E )1-12 2 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of -the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (I)MR) form and postmarked no later than January 30°i following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS :;DISGIARGE LIMITATIONS: MONITORING RE UIREMENTS Amara e W eekly,Avcra" e Daily..Maximum Effluent'Measurement Fregtzericy Sample Type Sample Location' Flow Annual Estimate E Oil and Grease 15 mg/1 20 mg/1 Annual Grab E H'- Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. I The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the fluor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH 01'the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit-cleahing occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change'solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) clays prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream: Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30"' following the completed reporting period. The first DMR is due January.30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. r A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NCO076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 003, 004, and 005. Such discharges shall be limited and monitored by'the•Permittee as specified below: NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 3.2 °C due to the,facility;s operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. - :. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in.the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30"' following the completed reporting period. The first DMR is due January 30, 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final Permit No. NCO076775 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 007 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: -..� �.'. .., �., f -i- c p 3Y f,J r l t { EFFLUENT CHARACTEI�STICSt�„ i �; ;,,, Yfte'tSY s.'�..::r:r '?i:,tr't,-. . v� as} 41.tDTS €�,i� .,.G ':..` �..1 ..,4ft 1 !'.�..Yt .i E>, r Ai .L M. ZMI� . QS NV<* ,; t �! t. iMQNITORING,RE UIREIvIENTS ..'rr;� .,..td ;•• 4'SI„ t 2 fJ•I ^'aii, d . .,�s, s. f tt tq .:.+i. .c liu t�.r' - 4i' r n� ! b ..;s 3 .1 Bffluerifil�leasurement' Sample Type , Sample i NmWeekl,}l Average 1atl� 1vl xtmuni', 7 Fregtit:ncy Location* •i t ,..3.`y�:., a�rJi,{$ iJ r,,t „� �; �," inu., U. 4r . . o, .., �, N, �uH i..� Flow Annual Estimate E Oil and Grease 15 mg/1 20 mg/1- Annual Grab E pH' i Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on 'a' weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. There is no limit for effluent pH, however annual monitoring shall be required. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/Water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish io change solvehis, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the'discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`I' following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the. effluent, unless ambient river conditions prevent compliance. A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NC0081957 ' During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002, 005, 006 and 007. Such discharges shall be limited and monitored by the Permittee as specified below: ". , j :,, ; NIONITORING:1tE U:IREMENTS k'{1 afa t u� aU F'�°'TSHARG"IM�ITit1TI0NS,. EFFLUENT CHAR CTiERaIST CS„ff'X`, f; .11{{ �, x,4 Irr..,,,, i 'e Sample �fx ° �y:n ,.�., a ; Efflut ntivJeasurement Satnple.Typ ,,, . '-'tt " :. rt �yixi, ilKi . F...'`4#rssas?' `Yif �`S F. 1 i.. #Ail v stt3aiS -,,� ,e t ...i t ,' t., . i v, . a .,.: {c i 't'�� ? ;.:.: c .1!>, i p..-;* r^$s i`I' •F.rr,l3e t 't x 7c,.. �, tlt - y titlt Ail, ���t.stiY,r 8., t. r ,.b,.. atign,, yv s� er s� t. T �.Ma}ETriUtll',"re' Tr�nC LQc na i . 4 4i Annual Estimate E Flow (MGD) - 1 Annual Grab E Temperature1 Hz Annual Grab E NOTES: k Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32.°C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30°i following the completed reporting period. The first DMR is due January 30, 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NCO081957 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 003 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: „ ,, `:.s:= EFFfiJiJ T:CHA,RAC ST,z, , tt t3 f4.}.; 11+i,....f g „ , i, , , ,:�, u } "• . all !,,.11,A ¢��.,tw„.,,?i,, 1$" . _,`3 G � MX1?A tIONS 1 : ^ l ;l .,.. :•�„ :. t , (O dT0 INGRE..LT1RE1tENTS ,.,, .:. �..I�I R .... :;..I V, .➢r .r.:°!:Y'. Y ..i lit}I'1 .. 1f 11.4. � . 1 , ed 0 t. S�. Hl� A`a } , A �-rt t� l..,�,.,f. .11• r 1:1 �: ,�f, f - - � :. _ ., $:'•,, E'ffluent< ease"r'emenr Sam le T''`eaniple M YP�. •/:., ,t„sr.�:�=y}5,..'�'i-. ,, ixttnunn..�,ik'"' Ills- �4u Prequenc Locattoti , , Flow Annual Estimate E Oil and Grease 15 mg/1 20 m /I Annual Grab E pH Z Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive. pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oillwater separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents,'a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are n6t limited `by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the N1SDS for the additive, and a map indicating the discharge point and receiving. stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30"' following the completed reporting period. The first DMR is due January 30' 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081931 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLi7EN i CHARA ERIS �5 '+, "''+t ;='DISGiAGE I�i1TA"NS ,., MOIVITORING_RE UIREMENTS ,kFF;t , i .: a: r:,, F, ,,, �f �FK.w. .7. Z'iN.. { K F r t . ,.�1 z��;- ,�,.,., 3��,t,f � t.F . Sam` le Sarni Ie f#luent Meastrem�nt p .it ,, .r , !. .. �.F-..-x... .? .1�-.� ,.i`{ ,,..� .i. .,�.,,uf:; .,,L4 1, - uenc, e Location TAIM 1��.an,.��:,hX t axi um e� � a E .,Dai1._a�V1_ rn , , , ,srr Flow (MGD) Annual Estimate E rem erature 1 Annual Grab E r1 Tie Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where.a representative. sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. The pI-I of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use bf any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in•the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30'1' following the completed reporting period, The first DMR is due January 30, 2005. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. � f F ^I �• I N Michael F. Easlev. Governor \O�0 QG William G. Ross Jr.. Secretary Nerth Carolina Department of Environment arjd Natural Resources • gd� _7 Alan W. Klimek, P. E. Director —� Division of Water Quality L3 Coleen H. Sullins. Depute Director Division of Water Quality DB-ISION OF'WATER QUALITY January 15. 20+)— Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, NC 28009 Subie-c-: NPDES Permit No. NC0081949 Tuckenoxv.n Po,-verhouse Stanl­ CounrT . NC Dear Mr. Gross: Our records indicate that NPDES Permit No-'\ C008I9—: 9 was issued on December 30, 2003 for the discharge of wastewatef to the surface waters of the S-raze from your facility. The purpose of this letter is to advise you of the importance of the P: mit and the liabilities in the event of failure to comply with the terms and conditions of the Permit- If you'have not already done so, it is suggested ZD that you thoroughly read the Permit- Of partical _r importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent linutations and, monitoring requirements for your discharge. Your discharge must not exceed anv of the limitations set forth. The section headed "Monitoring Requirements" describes the mea=emeni fl--,quencies, sample types and sampling locations. Upon commencement of your dischp-me (or ol,eration), you must initiate the required monitoring. The monitoring results must be enteie-d on rerorL ng forms furnished or approved by this Agency. If you have not received these forms_ hev shouid be arriving shortly. If you fail to receive the forms, please contact this Office as am'ekli as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form SIR-1)_ pius ins-tritcrions for completing the form. It is imperative that all applicable parts be completed_ and the orginal and one copy be submitted as required. Please be advised that an annual adminisre--im: aLd compliance monitoring fee may be required for your facility. You will soon be s.Vrement from our Raleigh Office. It is imperative that the fee be paid in a timely manner s) as zo -_revent enforcement action or possible NorthCarolina N. C. Division of Water Quality, Mooresville Reai=a.i 0ffk_— 919 Ncrt Mr cs%_-- -'vkoresville NC 28115 (704) 663-1699 - NCDENR Customer Service 1-877-623-6748 revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. incerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\NPDESLTR.WQ P OF W A rFR ®VA r NCDENR i Mr. Mark Gross Alcoa Power Generating, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. Gross: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality December 30, 2003 Subject: Issuance of NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County 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). This final permit includes no major changes from the draft permit sent to you on November 1, 2003. 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 fled 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. If you have any questions concerning this permit, please contact Dr. Sergei Chernikov at telephone number (919) 733-5083, extension 594. cc: Central Files _ i' ootesville�'RegPorial Office/l'G'ater'Qu_a1it�� S.eetio �' NPDES Unit Sincerely, IYC DEPT. OF EINROMMEW ORIGINAL SIGNED ® MAf 11RAL RESOURCES SUSAN A. VVII..SFRESIVILLEREC11ONAL. OFRCE k • t y Alan W. Klimek, P.E.., E,.. +'` �'`"y i JAN 9 2004 � '� MY, IE 0- rvi � Ell % P r N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit No. NCO081949 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 provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Alcoa Power Generating, Inc. is hereby authorized to discharge wastewater from a facility located at Tucker -town Powerhouse on NCSR 1164 Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, Ill and IV hereof. This permit shall become effective February 1, 2004 This permit and authorization to discharge shall expire at midnight on January 31, 2009. Signed this day December 30, 2003 ORIGINAL SIGNED By susm A. WILSON Alan Klimek, P.E. Director Division of Water Quality By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET Alcoa Power Generating, Inc. is hereby authorized to: Permit No. NCO081949 Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, Stanly County, and Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin "O)1\\�11\`�1�11` Facility Information Latiftide: 3529'07" Sub --Basin: 03-07-08 Lan . : 80'10'34" Quad # F18NW Stwm Class: WS-IV and B CA Receivffig am Yaddai River Permitted Flow: N/A • MOM-711- M Facility Location -A4Y North Yadkm Inc NCO0081949 Tudcertown Powerhouse A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Final Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average I Daily Maximum Effluent Measurement Frequency Sample e Sample Location* Flow (MGD) Annual Estimate E Temperature' 1 1 Annual Grab E Hz _ 2 .2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream.., Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`h following the completed reporting period. The first DMR is due January 30, 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average I Daily Maximum Effluent Measurement Frequency Sample Type Sample Location' Flow Annual Estimate E Oil and Grease 15 mg/1 20 mg/1 Annual Grab E pH - Annual Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30"' following the completed reporting period. The first DMR is due January 30, 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. NPDES Permit Requirements Page 1 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 Average 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. Bypass 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 interval 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 612012003 NPDES Permit Requirements 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 six 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. Daily 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 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling 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. EMC 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 level]") shall be considered = 1. 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 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration 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. Ouarterl�Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage 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. U 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 Average (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. Section B. General Conditions 1. Duty to Comply 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 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates 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 402(a)(3) or 402(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 402(a)(3) or 402(b)(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 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knominV 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)(iii) 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)] 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 4 143-215.6A] 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 II violations are not to exceed 510,000 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. Dut�to Mitigate The Permittee, shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 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. Property Rights 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 122.41 (g)]. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5of16 7. Severability 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 15013-23]. 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 Reapply 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. Signatory 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: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, 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 122.22]. 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 . 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 612012003 NPDES Permit Requirements 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 122.22]: "i certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false 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 122.41 (0]. 13. Permit Modification. Revocation and Reissuance, or Termination 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 Administering and Compliance Monitoring 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) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 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 daily, excluding weekends and 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 Version 612012003 NPDES Permit Requirements 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)] 0) 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 II. 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. (1) of this section. 5. Upsets 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 612012003 NPDES Permit Requirements Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal 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 Representative Sampling 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 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms . approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9of16 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 manufacturer's 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. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 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 permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering 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. This 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 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and EntU The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.410)]. 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 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated 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 [40 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 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. 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 612012003 NPDES Permit Requirements 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 122.410) (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 (1) (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 122.410) (8)]. 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 Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 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 612012003 NPDES Permit Requirements 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 Permit 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 Monitorin The Permittee shall, upon written notice from the Director of the Division of Water Quality, 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"; (1) One hundred micrograms per liter 000 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/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"; 0) Five hundred micrograms per liter (500 µg/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 alternatives 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 612012003 NPDES Permit Requirements 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 IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POW 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 POW 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 POW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POW. Section B. Municipal Control of Pollutants from Industrial Users. 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 POW, 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 POW, 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 POW 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 POW, e. Heat in amounts which will inhibit biological activity in the POW resulting in Interference, but in no case heat in such quantities that the temperature at the POW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POW, approves alternate temperature limits; 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 POW 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 612012003 NPDES Permit Requirements 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_(IWS) 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 (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. 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 (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. Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. Enforcement Response Plan (,ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by.the Division; d.) Industrial Data Summary Forms (IDS4 Version 612012003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCI1C 2H .0114 and 15A NCAC 2H .0907. . Version 612012003 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 Dear Mr. McCaskill: NCDENR 1UI�C.y�yV 71 D L�7LLfG1�� Y� 11�i! May 30, 2000 ALTso k'Ci 'JUN 2 2000 Subject: NPDES Permit Issuance Permit No. NCO081949 Tuckertown Powerhouse --?�ry County 63591.11 The Division has modified the permit in accordance with the May 2, 2000, settlement meeting. The changes include modification of the sampling frequency to require annual monitoring. As discussed at the meeting samples may be obtained anytime during the calendar year, with the Discharge Monitoring Report (DMR) due every year on January 30"' for the previous years monitoring. Attached is the NPDES permit No NCO081949 issued May 30, 2000. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. Please take notice that this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local ...government permit that may be required. If you have any questions concerning this permit, please contact Mr. Michael Myers at telephone number (919) 733-5083, extension 508. Sincerely, Original Signed By David A. Goodrich. Kerr T. Stevens cc: M oresville_Regional-Office = WateF Qualit_y_Section_ _ Central Files NPDES Files Point Source Compliance/Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Permit No. NCO081949 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 provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Tuckertown Powerhouse on NCSR 1164 Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective July 1, 2000. This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day May 30, 2000. Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCO081949 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, Stanly County, and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin v✓lY Facility Information Latitude: 35°29' 07" Sub -Basin 03-07-08 Longitude: 80°10' M' Quad #: F18NW Stream Class: WS-IV and C CA Receiving Stream: Yadldn River Pennitted Flow: N/A Facility Location's F� North Yadkin Inc. NC00081949 h�ckertown Powexbouse t. I A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT Permit No. NC0081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Avera e Weekly Average Daily Maximum Effluent Measurement Frequency Sample e Sample Location* Flow MGD Annual Estimate E Temperature' 1; 1 Annual Grab E pH 2. 2 Annual Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of"the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30`h following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 — Sump Drain. Such discharges shall be limited and'monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Effluent Measurement Sample Sample Average Weekly Average Daily Maximum Frequency Type Location Flow Annual Estimate E Oil and Grease' 15 mg/1 20 mg/1 Annual Grab E pH Z Annual I Grab I E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the calendar year shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than January 30'h following the completed reporting period. The first DMR is due January 30' 2001. Samples obtained for monitoring purposes may be collected anytime during the calendar year. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. PART Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental .Management Commission. 4. Act or "the Act' The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. . Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of.the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The. "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean '(weighted by flow value) of all the -samples collected during that calendar day., The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under"Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum",under "Other Limits" in Part I of the permit: d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily, discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is ' the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must , be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section . 307(a) of the Clean Water Act for toxic pollutants and with standards for'sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122A1 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A) d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties for Class 1 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 II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part 11 Page 5 of 14 2. DuIX to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1, C-4) and 'Tower Failures" (Part 11, 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. Property Rights 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any, work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. 9. Duty to Reapply 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. Pan I1 Page 6 of 14 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. Sienatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation:' by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) Fora 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. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. 'A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. ;of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, . accurate, and complete. I am aware that there are significant penalties for submitting false . information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 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. 13. Permit Modification. Revocation and Reissuance, or Termination 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. Previous Permits All previous National Pollutant Discharge Elimination. System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. -J The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also .includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Pan II Page 8 of 14 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. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit: (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines .that it will meet the three conditions listed above in Paragraph d. (1) of this section., Part II Page 9 of 14 5. i .Rsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part I1, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part H Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample. represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month . following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows, with a maximum deviation of less than + 10% - from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this . requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. if the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. A. The permittee must pay the annual administering and compliance monitoring fee _ within 30 (thirty). days after being bMed,by the Division... Failure #o pay the fee in a timely manner -in accordance with 15A NCAC 2H..0105(b)(4) may cause this _Division . initiate action #o revoke the ermit: P:. "-- —U e' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ®E MOORESVILLE REGIONAL OFFICE NC .JAMES B. HUNT.JR. January 5, 2000 GOVERNOR Mr. William McCaskill Yadkin, Inc. .BILL HOLMAN - SECRETARY P.O. Box 576 Badin, North Carolina 28009 Permit No. NCO081931 High Rock Pwrhouse 9 �ucl�ertc�wn�.'-wrlacz $e `� NCO076775 Falls Powerhouse Rew-n l County, NC Dear Mr. McCaskill: Our records indicate that NPDES Permit No. NCO091931, NC0081949, & NCO076775 was issued on December 23, 1999 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms µ furnished or approved by this Agency. If you have not received these forms, they should be - arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the 'Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee maybe required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. RIET �e 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 28115 PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER Mr. McCaskill January 5, 2000 Page 2 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansion and/or upgrading of wastewater treatment facilities.must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the . Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil .penalty of up to $25,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that the Division of Water Quality reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville of you have any questions or need clarification. We look forward to providing any assistance. Sincerely, { D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure DRG: de State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 23, 1999 Mr. William L. McCaskill c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 N�R� ffl�'5WA NCDENR Subject: Permit No. NCO081949 Tuckertown Powerhouse Montgomery County Dear Mr. McCaskill: The Division has reviewed the Yadkin Inc. comments of October 17, 1999 in response to their draft NPDES permit. The Division has considered the concerns raised and has modified the permit in accordance with current Division policy, all responses to concerns and revisions made to draft permit, NC0081949, are explained below: Comment #1: Clarification of the pH monitoring requirement, since Yadkin Inc. does not add any chemical additives to the source water. Response: The hydrogen ion content of water is considered a generic measurement of water quality and as such is included as a condition of the general permit for hydroelectric facilities. Since the conditions of the general permit are considered minimum requirements, the semi-annual monitoring of pH, for outfalls 001, 002 and 003, and the quarterly monitoring of outfall 004, will remain as a condition for this permit. Comment #2: Clarification of the temperature monitoring requirement. The maximum temperature change across the generator is 25 °C with a the ratio of cooling water discharge to generator discharge of 1:30,000. Therefore, the worst case temperature rise of the Yadkin River due to cooling water discharge would be 0.0083 °C, assuming an ambient water temperature of 20 'C. Response: As with pH, temperature is considered a generic measurement of water quality and as such is included as a condition of the general permit for hydroelectric facilities. Since the conditions of the general permit are considered minimum requirements, the semi-annual monitoring of temperature will remain as a condition for this permit. Comment #3: Yadkin Inc. request that Discharge Monitoring Reports (DMR) submittal be waived. Response: Since Yadkin, Inc. request coverage under an individual NPDES permit, DMR reporting is required. Comment #4: Since it is impractical to obtain samples at the point of discharge, Yadkin Inc. request approval for sampling at the closest point to discharge where a representative sample can practically be obtained. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Yadkin, Inc. Permit No. NCO081949 Tuckertown Powerhouse Page 2 Response: The Division agrees that this is a reasonable request and has included the phrase, "B — Effluent or the point closest to discharge where a representative sample of the discharge can feasibly be obtained." to allow for sampling at the sump upstream of the discharge. Comment #5: The cover letter states that the pH limitation will include the phrase "unless ambient river conditions prevent compliance with this range", however this phrase does not appear in the pH footnote. Response: The phrase "unless ambient river conditions prevent compliance with this range" has been inserted into Note 2 on the Effluent Limitations and Monitoring Requirement page. Comment #6: The fact sheet notes that the "facility is not required to perform any instream monitoring". If the boiler plate language relating to increases in stream temperature cannot be removed from the Effluent Limitations and Monitoring Requirements page, then this same statement needs to be reflected on the Effluent Limitations and Monitoring page as a footnote. Response: The temperature footnote contained in the permit is reflective of the water quality standard for temperature as contained in the 02B .0200 rules. Therefore, a discharge cannot raise the temperature of the receiving stream by more than 2.8 °C or cause the receiving stream to exceed 32°C (for lower piedmont and coastal plain waters) even if temperature is not specifically addressed in the conditions of the permit. Though the temperature footnote will remain in the permit, the intent of this limitation is not to require instream monitoring of temperature for reporting purposes. Comment #7: Clarification of BMPs related to the changing of oil absorbent pads on a quarterly basis. Yadkin Inc. does not utilitize oil absorbent pads for the sumps. Instead Yadkin Inc. uses a rope skimmer type oil water separator. Response: Since oil absorbent pads are not utilized at this facility the BMP language has been altered to better reflect the current operations at this facility. BMPs for the rope skimmer type oil/water separator will remain as a condition of the permit. Comment #8 and #9: Yadkin Inc. request that note #1 on the A(2) Effluent Limitations and Monitoring Requirement page be changed to "The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer." Additionally, Yadkin Inc. request that note #1 on the A(2) Effluent Limitations and Monitoring Requirement page be replaced with language that requires the tailrace inspections to be logged in the operating log instead of on the DMRs. Response: The Division recognizes Yadkin Inc.'s concern with the liability of the language contained in the draft permit and has no objection to the proposed language, however in order to assure the availability of data, the footnote has been modified as follows: "The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request." Comment #10: Yadkin request that the "Boiler Plate" language related to the discharge of floating solids or visible foam be removed from the Effluent Limitations and Monitoring Requirements page. Foam is not uncommon on the downstream side of the hydroelectric plant, however this foam is due to turbulence and surfactants or other foam causing agents present in the ambient river water. Permit No. NCO081949 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 provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Tuckertown Powerhouse on NCSR 1164 Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective February 1, 2000. This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day December 23, 1999. Original Signed By David k Goodrich Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Yadkin, Inc. Permit No. NC0081949 Tuckertown Powerhouse Page 3 Response: The Division agrees that Yadkin Inc. cannot control the characteristics of the influent ambient river water, therefore the phrase "unless ambient river conditions prevent compliance" has been added to the language. Comment #11: Effluent Limitations and Monitoring Requirements page for outfalls 001, 002 and 003: The monitoring frequency for these outfalls is semi-annual, however the reporting frequency is quarterly. Yadkin Inc. request that the reporting frequency mirror the monitoring frequency for these outfalls. Response: The quarterly monitoring frequencies for these outfalls were placed in the draft permit in order to maintain consistency throughout the permit. This was done as a matter of convenience to the Division and the permittee. However, the Division recognizes the permittee's concerns over the liability of this requirement and has changed the reporting requirement to mirror the monitoring frequencies. Attached is the NPDES permit No NC0081949 issued December 23, 1999. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. Please take notice that this permit is not transferable. Part 11, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Qualityor permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local government permit that may be required. If any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit, please contact Mr. Michael Myers at telephone number (919) 733-5083, extension 508. Sincerely, Co iginal Signed By David A. Goodrich Kerr T. Stevens cc: �Mo'i i, egona(ffice,4W�aterQSecton Central Files NPDES Files Point Source Compliance/Enforcement Unit Permit No. NCO081949 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. is hereby authorized to: Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, Stanly County, and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified as class WS-IV and B CA waters in the Yadkin -Pee Dee River Basin Facility Information Latitude: 35°29'07" Sub -Basin: 03-07-08 Lomitude: 80° 10' 34" Quad M F18NW Stre m Class: WS-IV and C CA Receiving Stream Yadkin River Perrrritted Flow: N/A Facility Location North Yadkin Inc. NC00081949 h�clertown Fbwerhouse A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - DRAFT Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: ,. � F'Iai.IE`�IT�G�1`IAF�AG'>�EVRIST�CS 3 � a��, .� .. � , 3 .. I:7 ., .. G`�IG� ��MT'T°�'��QNS . �� .. ..... � � � ; flll'�QRII�1Cr �ZEQLTII�ENTE � .,. 4 t• F*s c-3a S2 rt ffle t.e�tretxt. iTt lea le of Ab Y S 3 a S 2 `" tarn F ..l{`<re.V�.e. \v ',r Dail Ma.. Flow MGD Semi Annually Estimate E Temperature' 1 1 Semi-annually Grab E Hz 2 2 Semi-annually Grab E NOTES: * Sample Location: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase by more than 2.8 °C above the natural water temperature. In no case should the receiving stream temperature exceed 32 °C due to the facility's operation. Temperature of the effluent may be obtained anywhere downstream of the heat exchanger effluent that is representative of the discharge. 2 The pH of the effluent shall not be less than 6.0 standard units nor greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. the permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous semi-annual period shall be recorded and r2orted on a Discharge Monitoring Report (DMR) form and postmarked no later than the, 301h day following the completed reporting period. The first DMR is due on the 30 day of the month following the calendar semi-annual period in which this permit was issued. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 — Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: F 'UENT I RACTERISTIC`S DI,S,CIiARGE LIMiT T10N MONIT(2I G` VIREII+IENT ;. 4 RR,MOzath,y}> Effiue t iVleasuremnt R Szaple sample" v aXim ll Fre" tent, Type , L o�alabn, wP Avage. Flow Quarterly Estimate E Oil and Grease' 15 MgA 20 mg/1 Quarterly Grab E H' Quarterly Grab E NOTES: * Sample Locations: E — Effluent or at the point closest to discharge where a representative sample of the discharge can feasibly be obtained. 1 The tailrace shall be visually inspected for oil sheen attributed to facility operations on a weekly basis in conjunction with inspections of the floor sump and rope skimmer. Confirmation that a visual inspection was conducted shall be recorded in the operating log for the facility and provided to the Division upon request. 2. The pH of the effluent shall not be less than 6.0 standard units or greater than 9.0 standard units, unless ambient river conditions prevent compliance with this range. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, routine maintenance of the rope skimmer type oil/water separator and cleaning accumulated sediment in the bottom of the sump annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive (i.e. biocides) in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 301h day following the completed reporting period. The first DMR is due on the 30`h day of the month following the calendar quarter in which the permit was issued. The permittee shall confirm in writing that BMPs have been employed as specified in this permit with DMR submitted. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent, unless ambient river conditions prevent compliance. PART Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates; a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS I. Permit Issuing Authority The Director Hof the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North'Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled "and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding )the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average. annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number,of daily discharges sampled and/or measured during.such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, :is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits' in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal 'coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum' 'daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum .Daily Concentration". It is identified as "Daily Maximum" under "Other Limits' in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily, discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the. sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through. June, July through September, and October through December. Pan II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time .interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must ' be representative of the discharge or the receiving waters. 9: Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0). shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit: Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirem_ent. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,.any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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 II violations are not to. exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11, C-4) and "Power Failures" (Part 11' 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. Propert�Rights 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Seve_ rability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. 9. Duty to Reapply 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. Part II Page 6 of 14 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. SiQnato1y Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent. responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing _a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false . information, including the possibility of fines and imprisonment for knowing violations." Pan II Page 7 of 14 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. 13. Permit Modification Revocation and Reissuance, or Termination 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority ,to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. l The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. _ Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires. the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 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. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system; which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 11, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part H Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Rel2resentative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted. by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this . requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must, be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to, the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical, techniques or methods used; and f . The results of such analyses. 8. Inspection 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 permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, .equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. 'Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 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 permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for.reporting results of monitoring of sludge use or disposal practices.. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this"monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment.. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the .Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 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. 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. 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. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availabilityof f Reports Except for data determined to be confidential. under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 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 not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater. treatment facilities or additions to add to the plant's treatment capacity or to. change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitorine The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 8, 1999 Mr. B. Julian Polk, P.E. c/o Yadkin, Inc. P.O. Box 576 Badin, North Carolina 28009 NIT� NCDENR Subject: Permit No. NCO081949 Tuckertown Powerhouse Stanly County Dear Mr. Polk: Please find enclosed the draft permit for the Tuckertown Hydroelectric Powerhouse facility for your review and comment. The draft permit includes the following items: • Temperature monitoring and limits have been implemented and the words "due to facility operation" have been included in the footnote. • Limits and monitoring requirements have been set for oil and grease. The footnote requires the tailrace be visually inspected at least once per quarter or when lubrication occurs and that Best Management Practices be employed. • The pH limitation includes the words "unless ambient river conditions prevent compliance with this range." • Language concerning quarterly DMM submission is specified on the effluent pages. For -any outfalls requiring only semi-annual monitoring, the language is the same to maintain reporting frequencies consistently throughout the permit. • Total residual chlorine monitoring has been eliminated, since chlorine is not utilized at this facility. • The footnote prohibiting the addition of chromium, copper, or zinc to the discharge has been removed, as this condition has been adequately addressed in the requirement to notify the Division of any additives possibly toxic to aquatic life. • BMPs include the changing of the oil absorbent pads quarterly and routine cleaning of the sediment in the bottom of the sump. Chemical wheel pit cleaning is permitted on a monthly basis with pre -approved solvents. _ 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Internet: http://h2o.enr.state.nc.us/ Yadkin, Inc. Permit No. NCO081949 Tuckertown Powerhouse Page 2 In response to Yadkin Inc.'s request: The Division has considered your request for BMPs for all permitted outfalls. Though it is the Division policy to encourage the use of BMPs we can not at this time grant your request. As I am sure you are aware your facility is eligible for coverage under general permit NCG500000, however, Yadkin Inc. prefers the individual permit. For those hydroelectric facilities requesting individual permits in lieu of coverage under general permit NCG500000, it is the Division's intent to permit these facilities consistently. Therefore, the Division has used the permit requirements contained in the general permit as a guide in issuing all individual permits for hydroelectric facilities statewide. The "boilerplate" language is considered standard conditions and cannot be changed to represent individual facilities. The requirement to include standard permit conditions verbatim or by reference is stipulated in 40 CFR 122.43. Language is interpreted appropriately for each facility. Please provide any comments you have regarding this draft permit to the DENR — DWQ NPDES Unit no later than October 22, 1999. Concurrent with this notification, the Division is also publishing a notice in the newspapers having general circulation in the Stanly county area, soliciting public comment on the draft permit. Following the 30-day public comment period, DENR will review all pertinent comments and take appropriate action prior issuance of the final permit. If you have any questions concerning this draft permit for your facility, please call me at (919) 733-5083, extension 508. Sincerely, Michael J. Myers, MS EIT NPDES Unit cc: Michael Parker - Mooresville Regional Office / Water Quality Section NPDES Files Central Files Permit No. NCO081949 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 provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Yadkin, Inc. is hereby authorized to discharge wastewater from a facility located at Tuckertown Powerhouse on NCSR 1164 Stanly County to receiving waters designated as Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on January 31, 2004. Signed this day i Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission is hereby authorized to: 1. 2. Permit No. NCO081949 SUPPLEMENT TO PERMIT COVER SHEET Yadkin, Inc. Continue to discharge once -through cooling water from outfalls 001, 002 and 003, and water from a sump drain (Outfall 004) located at Tuckertown Powerhouse, on NCSR 1164, Stanly County, and i Discharge from s' id reat't went womp at the lo' C on specified n the attached map into the Yadkin River which i� cla sifted as class S� V and B / wat rs in the kYaiWn-Pee Dee River B si STATE OF NUf-<117i CAROLINA DEPARTMENT OF NATJ_JR.AL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH, NORTH CAROLINA ASHEBORO 27 Aff. 4wj 1 sw & MI TOM C fW (10GH ROCXJ 574 I 875 10, B76 pi C 0 CD Z_. Ian �—�:;77 < to mr3orril I-J J f V. f )"46 ue If VI) A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling water from outfall(s) serial number 001, 002 and 003. Such discharges shall be limited and monitored by the Permittee as specified below: EF FI UENT CHARACTERISTICS 'r' DISCHARGE LIMIT . ATICJIVS -, a.. ; . IVIONI TORIIVG RE UIREMENTS:. ' . Monthly Effluent:Measurement Sample ' Simple _.,_. vt WAe ... i''r rine Location* Flow MGD Semi -Annually Estimate E Tempttraturel (� 1 -":"� /� 1 Semi-annuall' Grab E pH Z `�.. j �.._..._."' r': ` 2 Semi=annuall, ` ti'irab` --- E NoTEs: Sam i �� le Location. E Effluent p � fl \ l � t * 1 T temperature 4fluen:wil -be-bethat the tem/draW,re the"xeceoving dues than 2. °C I the natural e of 11he of stre note more above w 'In no case ter temperaturZss slio-ld the receivin stream tem erature exceed 32 C due to the facility's operation. 2 Th pH shall not b than 6.0 st nda d units nor greater than 9.0 standar� units. The Permittee shall obtain-adfhorization fro th Division prior t the use b %any-, hemical additive (i.e. ioci _ e) in th_e_discharge. The permittee shall notily th d Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30`h day following the completed reporting period. The first DMR is due on the 30`h day of the month following the calendar quarter in which the permit was issued. There shall be no discharge of floating solids or visible foam (other than trace amounts) in the effluent. A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004 - Sump Drain. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS , . =", .., ..,.,, r." .. „. DISCHARGE :LIMITATIONS.. . , .a. ; _ „ : .. :,. . , ,... ,:MONITORING."REQUIREMENTS ..._ .. Monthly Effhient'Measurement Sample Sariiple Weekly Average_..,DaiIy Maximum_ . :. Frequency„ _..:_.....__ ; `I'YPe._T I<ocation;_:_ Flow Quarterly Estimate E Oil an Greaser ^ - 15 m 1 '`�� 20 m 1 (- _ Quarterl - - Grab pH Z Nom,s: �. ( —" \ F -____ -_ '��. 1l e � J� - uuartErl_-' �_ T`-`-Grab (_ -----E * Sa nple Locations: E - Effluent _ 1 The th co tai is duc race shall be visuall§ ins ected large of oil and grease Regardless ed shall confirm in,��riting on r of the sheen when disch rge occurs immediately after -„-r tile lubrication of II f lubrication agtivitibs the tailrace sly be —inspected at lea t once'a i P Discharge Monit�%in, eport%(!bMA) form.2. ick 9 u t gates (or other lubrication operations rter at this facility. Confirmation t h at a which might result in visual inspection was P The__vH_shall_notbe-less than 6.0 standa .d_utiits nor ereater th,O.sta dard. its. Best Management Practices (BMPs) must be employed to ensure that excessive pollutants are not discharged to the surface water of the state. These practices should include as a minimum, changing oil absorbent pads quarterly and cleaning accumulated sediment in the bottom of the sump, annually. Chemical wheel pit cleaning is permitted on a monthly basis. When wheel pit cleaning occurs, the tailrace shall be inspected visually for foam and oil. Cleaning shall be conducted only with pre -approved solvents. Should the Permittee wish to change solvents, a written request should be made to the Division including the MSDS for the proposed solvent. Mechanical cleaning operations, which do not contribute any wastewater to the discharge are not limited by this permit. Non -discharging cleaning operations may be conducted as often as necessary to ensure safety and proper facility operation. The Permittee shall obtain authorization from the Division prior to the use of any chemical additive in the discharge. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting the use of any additional additive in the discharge, which may be toxic to aquatic life (other than additives previously approved by the division). Such notification shall include the completion of a Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the additive, and a map indicating the discharge point and receiving stream. Monitoring results obtained during the previous calendar quarter shall be recorded and reported on a Discharge Monitoring Report (DMR) form and postmarked no later than the 30`h day following the completed reporting period. The first DMR is due on the 30" day of the month following the calendar quarter in which the permit was issued. The permiltee shall confirm in writing that BMPs have been employed as specified in this permit with DMR submitted. There shall be no discharge of floating solids or visible foam in the effluent other than in trace amounts. DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO081949 Facility Information .Applicant/Facility,-Name: Yadkin, Inc. /Tuckertown Powerhouse Applicant Address: PO Box 576, Badin, NC 28009-0576 Facility Address: On NCSR 1164 Permitted Flow N/A — Daily Average —1,361,800 gpd "Type .of Waste: Once though cooling water and sump discharges. Facility/Permit Status: Renewal -County: S%nl Miscellaneous Receiving'Stream: Yadkin River Regional,Office::." Mooresville Stream}.Classification: " " WS-IV & B CA US'GS TopoQuad: F 18 NW '303(d) :Listed?: NO Pe=, t'Writer:' -' Michael Myers `S ibbasin: 03-07-08 Date: August 27,1999 .Drainage Area .(mi2):,' : :Summer 7Q1'0 (cfg)�r Winter :7.Q10,',(cfs): Average Flow (cfs): IWC.(%): Pruna Y,SIC,Code: 4911 SUMMARY This facility maintains 4 outfalls (001, 002, 003, .and _004) With the exception of outfall 004 (sump drain) the source of water for the other outfalls is once through cooling water. The old permit stipulates that outfalls 001 through 003 monitor (with no limits) flow, temperature and total residual chlorine with no discharge monitoring report is required because of the use of BMP's. Yadkin Inc. has requested that monitoring be replace by implementation of BMPs. Additionally, Yadkin Inc. requested that the pH and temperature "Boiler Plate" language be excluded from the permit. This plant is eligible for coverage under general permit NCG50000, however, they prefer the individual permit because the general permit does not provide a provision for BMP practices in lieu of monitoring. In the next renewal of the general permit the viability of providing such a provision into the permit should be examined. For all hydroelectric facilities that request individual permits in lieu of the general permit, it is the Division's position that these facilities should be permitted consistently statewide. Therefore, permit NCO027332 and general permit NCG500000 were used in the development of the draft permits for the hydroelectric plants owned by Yadkin, Inc. in the Yadkin River basin. The receiving stream, Yadkin River, is classified as WS-IV and B CA waters, from a point 0.6 mile upstream of the High Rock Lake Dam to the Badin Dam. This reach is not listed on the 303(d) list as impaired water. According to the May 1998 Yadkin -Pee Dee River Basinwide Water Quality management Plan this reach has been classed as supporting its designated uses. TOXICITY TESTING: Current Requirement: N/A Recommended Requirement: N/A COMPLIANCE SUMMARY: To date this facility has not been required to submit Discharge Monitoring Reports (DMR) because of the implementation of Best Management Practices. However a historical reivew of inspection reports was Yadkin, Inc. Tuckertown Hydroelectric Powerhouse Feet Sheet N IPDES Renewal Page 1 conducted and Mike Parker (Mooresville Regional Office) was contacted regarding compliance issues. With the available information it was concluded that this facility has no compliance issues. INSTREAM MONITORING: This facility is not required to perform any instream monitoring. PROPOSED CHANGES: Outfall 004 - Permit limits will be applied to the sump drain outfall 004 for oil and grease. Additionally, monitoring will be required for flow, oil and grease and pH, with quarterly reporting requirements, as outlined on the Effluents Limitations page. Outfalls 001, 002 and, 003 — Monitoring and/or permit limits have been set for flow and temperature as outlined on the Effluent Limitation page contained in the draft permit. DMR submittal — DMR's shall be submitted quarterly for all outfalls. Total Residual Chlorine (TRC) - Total residual chlorine monitoring will be removed from the permit because chlorine is not utilities at this facility. Chromium, zinc, and copper restriction - The chromium, zinc, and copper excerpt will be excluded since this is adequately addressed in the notification requirement if any toxicants are to be added. Temperature - Temperature requirement will reflect the situation if natural conditions raise the ambient temp above 32*C. Tailrace clause — The tailrace clause requiring inspection has been reworded to ensure inspection at least quarterly and after lubrication activities at the facility. Chemical and Mechanical Sump Cleaning Clauses — Though this may not be applicable to this facility it has been included to ensure that this facility is consistent with other hydroelectric facilities across the state. PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: Permit Scheduled to Issue: STATE CONTACT: If you have any questions on any of .the above information or on the attached permit, please contact Michael Myers at (919) 733-5038 ext. 508. REGIONAL OFFICE COMMENT: This is a minor permit renewal therefore the regional office comments will be solicited during the public comment period. Copies of the following are attached to provide further information on the permit development: Reasonable Potential Analysis (majors only) Existing permit effluent sheets with changes noted (existing facilities only) Draft Permit NPDES Recommendation by: � ; � rle45R Si nat� Date Yadkin, Inc. TuckertoNvn Hydroelectric Powerhouse Fact Sheet NPDES Renee aI Pave 2 Regional Office Comments Date Regional Recommendation bv: Signature Reviewed and accepted by: Date Regional Supervisor: Signature Date NPDES Unit Supervisor: Signature Yadkin, Inc. Tuckertown Hydroelectric Powerhouse Fact Sheet NTPDES Renewal Pace 3 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfidl(s) serial number 001,002 and 003. Such discharges. shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements__ b� s� Units (specify.) Measurement Sample 'Sample Mon. Avg Daily Max Mon. Ava. Daily Max. Frequency. ape Location Flow Temperature + Total Residual Chlorine THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. ** 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 hi no ease cause the ambient water temperature to exceed 32.0°C. The permittee shall obtain authorization from the Division of Environmental Management, prior to utilizing any biocide in the cooling water (See Pair III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations s/da Units (specify) Mon. Avg, Daily Max Mon. Avg. Daily Max. * S�unple locations: E Effluent, I - Influent Monitoring Requirements Measurement Sample *Sample Frequency Type Location BMP Conditions: 1. Check weekly the rope skimmer oil/water separator to insure proper operation. 2.Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Documentation shall be kept on record for a period of three years of the maintanance activities taken and the date upon which such action was taken. There shall be no discharge of floating solids or visible foam in other than trace amounts. To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver SOC Priority Project: No Date: June 4, 1999 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0081949' MRO No.: 99-64 PART I - GENERAL INFORMATION 1. Facility and Address: Tuckertown Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of Investigation: May 27, 1999 3. Report Prepared By: Michael L. Parker, Environ. Engr. 11 4. Person Contacted and Telephone Number: Mr. Ronnie Pickler, (704) 422-5637 5. Directions to Site: From the jct. of Hwy. 49 and SR 1164 on the eastern edge of Montgomery County, travel south on SR 1164 z 1.6 miles. The Tuckertown Powerhouse is located on the right (west) side of the road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 350 29' 07" Longitude: 80 ° 10' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. Page Two 9. Location of Nearest Dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-IV and B, CA b. River Basin and Subbasin No.: Yadkin 03-07-08 C. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART U - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls: 001. 002_ & 003 004 0.04536 0.0001 Outfalls 001, 002, & 003: Generator thrust bearing cooling water. Outfalls 004: Wheelpits drainage, Powerhouse floor drains, Oil and Sludge skimmer. b. Current permitted capacity: N/A C. Actual treatment capacity: N/A d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. 2. Residuals handling and disposal scheme: ' There are no residuals generated. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): 48 MTU Code(s): N/A Page Three PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grants Funds (municipals only)? No Page Three 2. Special monitoring requests: None at this time. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as the Tuckertown Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility that requires cooling water during operation. issued. There have been no changes and/or modifications to this facility since the Permit was last It is recommended that an NPDES Permit be renewed as requested. r Signature of Report Preparer Date ater Quality Regional Supe i r Date hAdsr\dsr99\tucktown.dsr Yadkin,;&J1z. Hydro permits Subject: Yadkin, Inc. Hydro permits Date: Thu, 11 Mar 1999 14:44:18 -0500 From:. Charles Weaver <charles_weaver@h2o.enr.state.nc.us> l� To: ronnie:pickler@alcoa.com, Bethany Bolt <bethany_bolt@h2o.enr.state. nc.us> Ronnie, the NPDES Unit received the permit renewal applications for the following Yadkin, Inc., hydro plants on March 4, 1999: NCO076775 - Falls Powerhouse NCO081931 -High Rock Powerhouse IV 0_09, 949 = Tuckertow Powerhouse NCO081957 - Narrows Powerhouse These permit renewals will be handled by Bethany Bolt of the NPDES Unit. I'm sad to inform you that we have lost several staff members in the past few months - the NPDES Unit now has five vacant positions. This staff shortage is causing delays in our processing of permit renewals. Our remaining staff are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan reviews ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of the four permits listed above, the existing requirements in the permits will remain in effect -until -the permits are renewed--(or-other action is taken by the Division). We appreciate your patience and understanding as our remaining staff performs what tasks it can. If you have any questions about your permits (or the permit renewal process in general), simply reply to this e-mail. You can also e-mail Bethany at the address in the header of this message. Sincerely,' Charles H. Weaver, Jr. NPDES Unit F;H lz t. s `tV#.��ij r5Y Y C1?�' R44 1999 1 of 1 3/11/99 2:44 PM NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining n f N. C. Department of Environment and Natural Resources? r R Division of Water Quality / NPDES Unit P. O. Box 29535, Raleigh, NC 27626-0535 North Carolina NPDES Permit Number NC00 81949 aura �` 49�f y J (if known) r J ,;• 1. Applicant and facility producing dischargeE. ;r ` u ��eJ�ti tea.. A. Name TUCKERTOWN POWERHOUSE B. Mailing address of applicant: C/O YADKIN, INC. 1. Street address P.O. BOX 576 2. City BADIN 3. County STANLY. 4. State NC 5. Zip Code 28009 C. Location of facility: 1. Street NCSR 1164 2. City N/A 3. County ROWAN 4. State NC 5. Zip Code D. Telephone Number (704) 422-5637 E. Fax Number (704) 422-5776 J F. e-mail address RONNIE.PICKLER@ALCOA.COM 2. Standard Industrial Classification (SIC) code(s): 4911 3. Number of employees: 20 = - dv - 4. Principal product(s) produced: ELECTRICITY Principal raw material(s) consumed: 5. Principal process(es): HYDROELECTRIC GENERATION 6. Amount of principal product produced or raw material consumed _._ _ -A .... 41— of nrnrinetinnl Product Produced or Product Produced or Raw Material Consumed Raw Material Consumed AVERAGE PEAK er Day 442 MEGAWATT HOURS 42 MEGAWATT HOURS per Month per Year 7. (a) Check here if discharge occurs all year X, or (b) Circle the month(s) in which discharge occurs: January February March April May June July August September October November December (c) Days per week discharge occurs: SEVEN NOTE: If the facility has separate discharge points (outfalls) or multiple industrial processes, include a schematic diagram of wastewater flow at the facility. Page 1 of 2 Version 9-97 NPDES PERMIT APPLICATION - SHORT FORM C To be filed only by persons engaged in manufacturing and mining 8. Types of wastewater discharged to surface waters only (check as applicable). Discharge per operating day Flow GALLONS PER OPERATING DAY Volume treated before discharging PERCENT Sanitary - daily average Cooling water, etc. - daily average 1,361,800 0 Process water - daily average Maximum per operating day for total discharge (all types) 1,361,800 0 9. If any of the types of wastewater identified in item 8 (either treated or untreated) are discharged to places other than surface waters, record the amount(s) discharged below: A. Municipal sewer system and B. Underground well and C. Septic tank and D. Evaporation lagoon or pond and E. Other, specify. gpd 10. Number of separate discharge points: 4 (FOUR) 11. Name of receiving water(s): YADKIN RIVER 12. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes? Circle all that apply: aluminum ammonia beryllium cadmium chromium chlorine (residual) copper cyanide lead mercury nickel phenols selenium zinc None of the above I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. B. JULIAN POLK VICE PRESIDENT Printed name of Person Sig*g _ Title Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Page 2 of 2 Version 9-97 TUCKERTOWN Unit One Powerhouse Units 1,2 and 3 Unit One Floor Wheelpits Generator Drains Drainage Thrust Bearing Cooling Water Oil and Sludge Skimmer I Outfall # 004 I Outfall # 003 Into Yadkin Into Yadkin River River Unit One Generator Discharge per 24 Hrs. 2,068,329,600 Gals. TUCKERTOWN POWERHOUSE NPDES PERMIT NO. NCO081949 Yadkin River TUCKERTOWN TUCKERTOWN Unit Two Unit Three Scroll Case Scroll Case Unit Two Unit Three Generator Generator Thrust Bearing Thrust Bearing Cooling Water Cooling Water Arn enn n_un_.. Ae0 enn /'_.JAL... Outfall # 002 Outfali # 001 Into Yadkin Into Yadkin River River Unit Two Generator Unit Three Generator Discharge per24 Hrs. Discharge per24 Hrs. 2,068,329,600 Gals. 2,068,329,600 Gals. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Richard S. Hartsock Yadkin, Inc. P.O. Box 576 Badin, NC 28009 Dear Permittee: I ►� 1 NC DENR January 13, 1999 r r... 1999 °>Y r Subject: Renewal of NPDES Permit NCO081949 Tuckertown Powerhouse Stanly County The subject permit expires on August 31, 1999. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than March 4, 1999. Failure to request renewal by March 4, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after August 31, 1999 (or if continuation of the permit is desired), the permit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after August 31, 1999 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You may also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. Sincerely, Charles H. Weaver, Jr. / NPDES Unit cc: Central Files sMooxesville Regional'Of`ice; WateQuality_Section, NPDES Unit P.O. Box 29535, Raleigh, North Carolina _27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Char] es_Weaver@h2o.enr.st ate.nc.us NC DENR / DWQ / NPDES Permit Renewal Applications Renewal Package Checklist NPDES Permit NCO081949 Yadkin, Inc. Stanly County The following items are REQUIRED for all renewal packages: ❑A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.H.b. of the current NPDES permit). ❑A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following item applies ONLY to Industrial facilities which discharge process wastewater : ❑ Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The PPA requirement does NOT apply to municipal or non -industrial facilities. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 State of North Carolina v / ,Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor / Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 21, 1994 I David E. Jones Yadkin, Inc. PO Box 576 Badin, NC 28009-0576 Dear Mr. Jones: . Ae& WL C) C." ENVIRONMENT. KF A T,TK, & NATURAL RESOU r, (7 ?,S OCT 25 1994 DIVISION OF ENVIRONMENTAL tIANAGEMENT MOORESVILLE REGIONAL OFFICE Subject: Permit No. NCO081949 Tuckertown Powerhouse Stanly County The Division has reviewed the Yadkin, Inc. comments of August 16, 1994 in response to its draft NPDES permit. The Division has considered the concerns raised and has modified the permit in accordance" with current Division policy, all responses to concerns and revisions made to the draft of this permit are explained below: ISSUE:Part III, Other Requirements (all concerns). RESPONSE: The 'Part III, Other Requirements" appear in permits as standard "boiler plates" which vary depending upon the type of facility. The "boiler plate" which was included in your draft permit was apparently the type issued for municipal waste treatment systems. The correct "boiler plate" has been. included in the issued permit for this facility Attached is NPDES Permit No. NCO081049 issued October 21, 1994. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. l P.O. Box 29535, Raleigh, North Carolina 27626-0585 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper David E. Jones October 21, 1994 Page Two This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. cere y,.. r'@zI�a� ogsle-4d By ®avid A. Goodrich A. Preston Howard, Jr., P.E. cc: Mr. Jim Patrick, EPA Iv �oresviile kt-ggio—na1 Of�x�e attachments Permit No. NCO081949 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Yadkin Inc. is hereby authorized to discharge wastewater from a facility located at Tuckertown Powerhouse on NCSR 1164 Stanly County to receiving waters designated as the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I; II, and III hereof. This permit shall become effective December 1, 1994 This permit and the authorization to discharge shall expire at midnight on August 31, 1999 Signed this day October 21, 1994 David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0081949 SUPPLEMENT TO PERMIT COVER SHEET Yadkin Inc. is hereby authorized to: 1. Continue to discharge generator, thrust bearing cooling waters and discharge from a sump drain from outfalls 001, 002, 003 and 004 located at Tuckertown Powerhouse, ,on NCSR 1164, Montgomery County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified Class WS-1V & B, CA waters in the Yadkin -Pee Dee River Basin. STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH, NORTH CAROLINA ASA480NO AM I Sri f Mr TO N C rOd /HGH ROCKI 674 I 875 10, •76 L IV I r -�� o12 �,.,✓�/�,�� :-� mac: � �; �� • �vJ� , 'I� �% �� ����jPowerplan owr 55.0 cl tp 0. r / � � 1 � � � �, r / r • y � 11 �- Ir ^, r.'' = '�� NN / � �% ��� �� �;� ��. ` !�-.: 111 " �:•-1./'"'.`yam -. \�� • l/_(.-r/� 53 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfidl(s) serial number 001,002 and 003. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample *Sample Mon. AVg. Daily Max Mon. Avp. Daily Max. Frequency T"e Location Flow Temperature Total Residual Chlorine 4 THF,RE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ATIVES TO BIOCIDAL COMPOUNDS. 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 ne, case cause the ambient water temperature to exceed 32.0°C. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Lbs/day Units (specify) Mon. Avg. Daily Max Mon. Avg. Daily Max. * S,,anple locations: E - Effluent, I - Influent Monitoring Requirements Measurement Sample *Sample Frequency Type Location BMP Conditions: 1. Check weekly the rope skimmer oil/water separator to insure proper operation. 2.Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Doownentation shall be kept on record for a period of three years of the maintanance activities taken and the date upon which such action was taken. There shall be no discharge of floating solids or visible foam in other than trace amounts..,/ PART Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below-. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. :. No later than 14 calei,dar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates. a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Pan II Page 1 of 14 PART II STANDARD CONMITIONS FOR NPDES PERINUTS SECTION A. DEFI'NITIONS 1. Permit Issuing_Authorit}: The Director of the Division of Environmental Management. 2. DENI or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. '\ i Used herein means the North Carolina Environmental'Management Commission. 4. Act or "the Act" The Federal `'Water Pollution Control Act, also known as the Clean Water Act, as amended. 33 USC 1251, et. seq. 5. Mazs:`Da-,- Measurements a. The "month]%- average discharge" is defined as the total mass of all daily discharges sampled and'or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "\;•eeM% average discharge" is defined as the total mass of all daily discharges sampled and/or measured durinv the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic meal! found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d . The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such •ear. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Pan II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value).of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" to Pan I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Pan I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the ":N•laximum Daily Concentration". It is identified as "Daily :Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which dail}• discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June. July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow. (\IGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tvoes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2 ) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed -at no greater than 1/24 of the expected total daily flow at the treatment s%,stem, or (3 ) a,single. continuous sample collected over a 24 hour period proportional to the rate of floe. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of Rreater than 24 hours. In such cases, effluent grab samples may be collected at time inters als evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. Fot purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Dav A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GE\-ERAL CONDITIONS Doty to Comrl\ 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 apr li:.ation. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed S25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of S2,500 to S2, 000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to S50,000 ,per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed S10,000 per violation with the maximum amount not to exceed S125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes 143-215.6A] d . Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties for Class I violations are not to exceed S10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed S25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed S10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Dut- to \ljti gate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Pan II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardou, 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 \CGS 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 ma} be temporarily suspended. 5. ProPem Rights The issuance of this permit does not convey any property rights in either real or personal propem . 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. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Seyerabilin The provisions of this permit are severable, and if any..provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, an}, information which the Permit Issuing Authority may request to determine whether cause exists for modifying. revolving and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request. copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply 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. 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. Signatory- Requirements All applications, reports. or information submitted to the Permit Issuing Authority shall be sinned and certified. a. All permit applications shall be signed as follovvs: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person .k-ho performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manuf::cturing production or operating facilities employing more than 250 persons or ha,.ing gross annual sales or expenditures exceedin_ 25 million (in second quarter 19SO dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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. 13. Permit 'Modification Revocation and Reissuance. or Termination 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 12? and 123: Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100, and North Carolina General Statute 143-215.1 et. a]. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AN"D I AINTEN ANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the.permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 509c complete. Ar Pan II Pace 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 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. 4. Bypassin2 of Treatment Facilities a. Definitions (l) "Bypass" means the known diversion of waste streams from any portion of a treatment fa:.ility including the collection system, which is not a designed or established or operating mode for the facilit},. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but on]v if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. C. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 seNere property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to -the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b . Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance v.ith such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset. and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. permittee �A ho %vishes to establish the affirmative defense of upset shall demonstrate, through proper]v signed, contemporaneous operating logs, or other relevant evidence that: (11 .-kn upset occurred and that the permittee can'identify the cause(s) of the upset; (2) The permittee faciliry was at the time being properly operated: and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 \CGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State. or navigable waters of the United Staics. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee. shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling 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 \x-hich the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless other -%vise specified, before the effluent joins or is diluted by any other "-astestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting, \Ionitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (D;\IR) Form (DEM No. MR 1,1.1, 2, 31 or alternative forms approved by the Director, DEM, postmarked no later than the 30th day follo\yinR 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 follmving address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accurac}• and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 1017c from the true disc;,^,rge rates throughout the range of expected Pan II Page II of14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's s 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. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering 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 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conk fiction 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 S20,000 per day of violation, or by imprisonment of not more than 4 Fears, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sev,aze 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 calioriginal strip bration and maintenance records and all chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For' each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date. exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d . The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. e Pan II Page 12 of 14 8. Inspection 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 permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as other%vise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQL;IREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alteration; or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Pan 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit. nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The perminee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II ' Page 13 of 14 v 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a: Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitorin` shall be included in the calculation and reporting of the data submitted in the D`1R. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twent =four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 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 Pan II. E. 6. of this permit. Part II Page 14 of 14 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. 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. Anv 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 direct]y to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports 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 a- ailable for public inspection at the offices of the Division of Environmental 'Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in \CGS 1.13-215.1�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 not more than 510,000 per violation, or by imprisonment for not more than two years per violation, or by both. .' PART III OTHER REQUIREMENTS No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ugA); (2)Two hundred micrograms per liter (200 ugA) f& acrolein and ac-ylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, -on a non -routine or infrequent basis, of a toxic pollutant which is not limited to the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter 0 mg/1) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III Permit No. NCOOS 1949 w E. Biocide Condition The permittee shall obtain authoriztion from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating'the discharge point and receiving stream. Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the biocide worksheet Form 101 with Supplemental Metals Analysis worksheet. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Linda Diane Long, Regional Manager Mr. David-E. Jones Yadkin, Inc. Post Office Box 576 Badin, North Carolina Dear Mr. Jones: DEHNR DIVISION OF ENVIRONMENTAL MANAGEMENT October 27, 1994 28009-0576 Subject: NPDES Permit No. NCO081949 Tuckertown Powerhouse Stanly County, NC Our records indicate that NPDES Permit No. NCO081949 was issued on October 21, 1994 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Mr. David E. Jones Page Two October 27, 1994 facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with -the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699' in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, J .D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:s1 To: Permits and Engineering Unit Water Quality Section Date: April 28, 1992 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0081949 MRO No.: 92-49 I VFA 4Mi 41;1►1:1:7.111l1011➢101:7"N[O]►1 1. Facility and Address: Tuckertown Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009. 2. Date of Investigation:. April 16, 1992 3. Report Prepared By: Michael L. Parker, Eriviron. Engr. II 4. Person Contacted and Telephone Number: Mr. David Jones, (704)422-5627. 5. Directions to Site: From the junction of Hwy 49 and SR 1164 on the eastern edge of Montgomery County, travel south on SR 1164 1.6 miles. The Tuckertown Powerhouse is located on the right (west) side of the road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 350 29' 07" Longitude: 800 10' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. 9. Location of Nearest Dwelling: The nearest dwelling is at least one mile from the Powerhouse site. 4 Page Two 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-III and B b. River Basin and Subbasin No.: Yadkin 03-07-08 C. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of Wastewater: (MGD) Outfalls: 001 & 002 003 004 0.0432 0.432 0.00072 b. Types and quantities of industrial wastewater: Outfall 001 and 002: Thrust Bearing Cooling water Outfall 003: Turbine Cooling water Outfall 004: Sump Drain C. Prevalent toxic constituents in wastewater: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): There are no existing treatment facilities for the proposed outfalls. For domestic wastewater disposal, employees have an on -site subsurface disposal system. 5. Sludge Handling and Disposal Scheme: Sludge generation is not expected from any outfall. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). N/A 1 Page Three 7. SIC Code(s): 4911 Wastewater Code(s): Primary: 48 Secondary: N/A 8. MTU Code(s): N/A PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GW concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as Tuckertown Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility that requires cooling water during operation. Yadkin, Inc. also requested in their transmittal letter that monitoring not be included in this Permit for the cooling water discharges, rather the company will use Best Management Practices (BMP's) to remove pollutants. These BMP's include, but are not limited to, changing of oil absorbent pads (quarterly) and the cleaning of sediment in the bottom of oil sumps (annually). A record of this routine maintenance would then be provided to the Division on a quarterly basis. Recent Permits issued by the Division for non -contact cooling water do not include effluent monitoring. Although the possibility exists that lubrication fluids may enter the receiving stream, the concentrations and subsequent effects are expected to be minimal and downstream impacts are not expected. We, therefore, concur with Yadkin, Inc.'s request and recommend approval pending concurrence by Technical Support. Page Four Pending receipt and approval of the WLA and concurrence by Technical Support of Yadkin, Inc's request, it is recommended that an NPDES Permit be issued. Sign ture of eport Preparer ate Water Quali Regional Supervisor Date STATE OF NORTH CAROLINA DEPARTMENT OF.NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH, NORTH CAROLINA ASHEBORO 29 Mr. 4955 B SW 12'30° 172 8 Mr. 7O N. C. 109 (HIGH ROCK) 174 575 10, 576 Power �� •�/ Q �� \ Sril O IN �`` 6�� p ///% �•; , - ? C ,` \` \ Q ice, 00 SI o / O / 1. b� •'J Cam r6und Ull 6 O f' gO I, i Ia —� 1 I �• ia C. DEEPT. OF NATURAL RE5031J6.CE3 AND COTygmUT- bT: I , VELOPMENT V State of North Carolina Department of Environment, Health and Natural VI&%i� `'�`zj' ^P8 f`F„NT Division of Environmental Management $v[tESb�s' €'`c,I.NJAL 9MCE 512 North Salisbury Street. Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary Mr. R. S. HARTSOCK ALUMINUM CO. OF AMERICA P. O. BOX 576 BADIN, NORTH CAROLINA 28809 Dear Mr. HARTSOCK: George T. Everett,Ph.D. Director March 18, 1992 Subject: Application No. NCO081949 ALUMINUM CO. OF AMERICA Tuckertown Pwerhouse Stanly County The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on March 16, 1992. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Randy Kepler for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions, please contact Randy Kepler at (919) 733-5083. cc: Mooresville Regional Office Sincerely, ��— M. Dale Overcash, P.E. Supervisor, NPDES Permits Group Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O.-BOX 27687, RALEIGH, NC, 27611 NATIONAL POLLUTANT D.ISCHARGE,--,EL.IMIN.ATjO,N ,S,Y STEM,.-.., APPLICATION;._F_OR,.PERMITt;TO DISCHARGE SHORT _FORM C FOR; AGENCY '"'USE .To be filed only by persons engaged in manufacturing and mining Do not -attempt to complete this io , rm before reading accompanying instructions-_'' Please int or t e APPLICATION -NUMBER DATE -RECEIVED Io 4��­ 1 , / 1A I YEAR 'H0­�0 � � DAY I. Name, ',foc . at i jo , a . nd telephone number er o f facility Or' n oducing discharge Name Tuckertown;.Powerhous6, C B.! Aai I i'ng. / address 0 , Y hdkiri, Inc. 1 Steele t..add i ress P. 0. Box 576 2. City Raclin 3. State North ('.q n I i rin 4. County Stanly 5, ZIP 28009 C. Location: I . Street NCSR 1164 2. city . _NIA 3. County Montgomery 4, State North Carolina D. Telephone No. 704 422;--5627 Area Code 2. SIC (Leave blank) 3. Number of employee's 15 (total) for the four Yadkin Dams If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not, required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 01 4. If you meet the condition stated tated above, check here o and supply the information asked for. -below. -After completing these items,. please complete the date, title, and signature blocks below and return this form to the proper reviewing office iV i C=1 without completing the remainder of the form. A. Name of organization. responsible for'receiving waste C:) U B. Facility receiving waste: 1. Name 2. Street address 3. City 4, County 5, State 6. ZIP Princ'ipal prod uct,. Draw material (Check one) Electricity ' Principal process hydroelectric generation 7. Maximum amount of principal product produced or raw material consumed per (Check one) Basis Amount 99 (1) 1 Do- 19§ (2) 200-499 (3) 500-999 1000- 4999 (5) 5000- 9999 (6) 10,000- 49.999 (7) 50,000 or more (8) A. I)ay B. Month C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS EXHAU5TED 1- fl. Mnximum nmrnn,l ur I P r I nr: I l,rmimt nr rnw mnl.rr.l,, 1, f 1"Irmilw'-d. .r-1-IIr1r Ivd. in ILrm /, above, is measured in (LI,c0. une): Dpounds, B.0tons. C.Dbarrels tD;Obushels s=E:-Dsqu`arefeet F,,p gallons G.o pieces or units H, ofh'er" specify i" Me'Q`awat t' -hours 1 9'. a). Check.heret;if discharge`,.occurs all year ;K, or (b) Check the month(,) discharge occurs: 1.D_JAnuary 2. D February 3, D March 4.0 Apri 1} 5, D May 6. D June A,D August 9.0 September 10.0 October 11,0 November 12,0 December (c) Check how many days per week, 1. D 1 2.0 2-3 3.0 4 5 4,1b 6-7 10. Types. of waste water discharged to surface waters only (check as/applicable) " F low, gallons per operating day • ::. Volume treated before discharging. (percent) Discharge per operating day - 0,.1-999 1000-4999- 5000-9999..- 10;600=:_.,50,000 = _None 0.1- 30-: 65- 95- 490999 or more, 29.9 64.9 94.9 100 (1) (2) (3) (4) _ (5) (6). ..(,7) :,("8) (9) (10) A. Sanit)ry,.da.ily averaoe' X _ X B. Cooling.water,•etc- daily averaoe I X X C. Process water, daily average ). Maximum per operat-: ing day for total X discharge (all l pes) 11. I any of the thre types of waste ider! 1fie-' in item 10.P.imer tre'aied or untreated, are disrharo2d to paces. otl-er'thal: surface wa,.ers, check below as applicable. Waste water is Ai scharaud to: Average flair, oal Ions per operating day j— I 0.1-999 11) 1000-4999 (2). 5000-9999 (3) 10;000-49,999 (4) 50;000 or more (5) A..Muni'ctpal sealr-r system G:. Undergr urid ..ei i - b,•`Fvaoorst"ion la:�nnn or pond E ;Other, .,pec i i j L 12. Number o.r separate di-scha-9- ;•Uint;• A.01 BXo12-3 C.D4-5• D.D6 or more r; 13. Name of receiving water or, waters Yadkin River y 14. Does your discharge contain or is it possible for your discharge to contain ^1 one or'more'of the following, substances added as --a result of your operations, Portions._of ;.this flow activities, or processes: anmonia, cyanide, aluminum, beryllium, cadmium, are permitted under chromium, copper, lead, mercury, nickel, selenium, ;inc, phenols, oil and" - N00004308 (see site` plan). grease, and chlorine (residual-). A yes _ B,D no 1 certify"that 1-am familiar with the information contained in the- applicat.i on and that to the best of my knowledge and belief such information is true., complete, and w. accurate. t;: R. S. HARTSOCR VICE PRESIDENT Printed Name of Person Signing. Tit) MARCH 10, 1992 Date Application Signed --- - Signature of-Appl..}-ca _ north -Carolina General Statute 143-225.6(b)(21 T)rovides that: Any' perso-n who knowingly makes any false statement representation, or ce::rification in an,,= application, record, report, plan; )r other document files or..re.quired to be maintained under Article 21 or regulations of the nvironmental Management Corms-ssion j plementing that Article, or who falsifies, tampers with,. ;r knowly renders inaccurate any recording or monitoring device or method required -to be )perated or maintained under Article 21 or regulations of the 7-nvironmental Management Commissi implementing that' Arricie,-shall be guilty of a misdemeanor piimishable by a tine not to exceed 510,000, or r:`; priso;,rent r.ct to exceE:d si.;: months, _r by both. (;18 L.S.C. Section 1001 provi• To: Permits and Engineering Unit Water Quality Section Attention: Sean Goris SOC Priority Project: No Date: January 13, 1994 NPDES STAFF REPORT AND RECOMMENDATIONS County: Stanly NPDES Permit No.: NC0061949 MRO No.: 94-6 PART I - GENERAL INFORMATION 1. Facility and Address: Tuckertown Powerhouse c/o Yadkin, Inc. Post Office Box 576 Badin, N.C. 28009 2. Date of Investigation: April 16, 1992 3. Report Prepared By: Michael L. Parker, Environ. Engr. II 4. Person Contacted and Telephone Number: Mr. David Jones, (704)422-5627. 5. Directions to Site: From the jct. of Hwy. 49 and SR 1164 on the eastern edge of Montgomery County, travel south on SF. 1164 -1.6 miles. The Tuckertown Powerhouse is located on the right (west) side of the road. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35° 29' 07" Longitude: 80' 10' 34" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 18 NE 7. Size (land available for expansion and upgrading): There is little, if any, area available for the construction of wastewater treatment facilities. 8. Topography (relationship to flood plain included): The Powerhouse is located on the main segment of the Yadkin River; however, the hydroelectric generation facilities are not subject to flooding. 9. Location of Nearest Dwelling: The nearest dwelling is at least 1000 feet from the Powerhouse site. Page Two 10. Receiving Stream or Affected Surface Waters: Yadkin River a. Classification: WS-IV and B, CA b. River Basin and Subbasin No.: Yadkin 03-07-08 C. Describe receiving stream features and pertinent downstream uses: The Yadkin River is used for primary and secondary recreation and electricity generation. There are no known water intakes several miles below this Powerhouse. PART I -I - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater: (MGD) Outfalls: 001 & 002 003 004 0.0432 0.432 0.00072 b. Current permitted capacity: N/A C. Actual treatment capacity: N/A d. Description of existing or substantially constructed treatment works: There are no existing treatment works nor are any proposed. For domestic wastewater disposal, employees have an on -site subsurface disposal system. e. Possible toxic impacts to surface waters: None. There are no biocides added to the cooling water at this facility. d. Pretreatment Program (POTWs only): N/A 2. Residuals handling and disposal scheme: There are no residuals generated. 3. Treatment Plant Classification: This facility does not meet the minimum criteria for a class I rating. 4. SIC Code(s): 4911 Wastewater Code(s): Primary: 48 Secondary: NIA 8. MTU Code(s): N/A PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No Page Three 2. Special monitoring requests: None at this time. 3. Additional effluent limits requests: None at this time. 4. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? No AQ or GPT concerns nor are hazardous materials utilized at this facility. PART IV - EVALUATION AND RECOMMENDATIONS The applicant, Yadkin, Inc. (a subsidiary of ALCOA), operates a powerhouse (dam) on the Yadkin River known as the Tuckertown Powerhouse, which generates hydroelectric power used in ALCOA's aluminum manufacturing process. Complex electrical generation machinery exists at this facility that requires cooling water during operation. There have been no changes and/or modifications to this facility since the Permit was last issued (6/18/93). It is recommended that an NPDES Permit be renewed as requested. /A �t /4�"- Signature o Report Preparer Date Water Quality Regi :1 Supervisor Date STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH, NORTH CAROLINA ,n i to To N. c W. (mov Rocxl •11 '1S 10, 616 )r _ `� A 0 / / Pl 7 / y _ L � �� b � i� 1\,) � � Qom \owr •\� ,��� ��� ' •• o j��'-1 ` G , ( �r �+ ram' / �`� \ �y� ��1/%% a / —150 7s, — 1/7 e ZZ •.. i ' 1 Cam Ound . ! � - .���. � — • �j i _ i/ �_ . ��� ✓. ••.. `) /•' i IN , 'State- of North Carolina 1/0 Department of Environment, Health and Natural Resources / • • Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary /(,7 ®�'--� N F1 A. Preston Howard, Jr., P.E., Director r`rC ! : RT. l 0 F { {1 LS�UIZCti, , JAU 0 61099, December 20, 1993 (JD� Mr. DAVID E. JONES OiMP'N OF TUCKERTOWN POWERHOUSE CrCO;`C;JILLE�GIOPL OlIlC�. P. O. BOX 576 BADIN, NC 28009 Subject: Application No. NCO081949 HYDROELECTRIC GENERATION Stanly County Dear Mr. JONES: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on December 16, 1993. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Sean Goris for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days, please contact the engineer listed above. Be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommentations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. cc: , ooresu'� e ' egional MOR Sincerely, CI ,�,Coleen H. Sullins, P.E. Supervisor, Permits and Engineering Unit Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR e o 0 AGENCY USE DATE RECEIVED To be filed only by persons engaged in manufacturing and mining f Z YEAR !D. DAY Oo not attempt to complete this form before reading accompanying instructions oZ Please print or type 1. Name, address, location, and telephone number of facility producing discharge A. Name TUCKERTOWN POWERHOUSE S. Nailing address c/o YADKIN, INC. 1. Street address P. 0. BOX 576 2. City BADIN 3. State NC 4. County ' STANLY 5. ZIP 28009 C. location: 1. Street NCSR 1164 2. City N/A 3. County MONTGOINERY 4. State NORTH CAROLINA D. Telephone No. 704 422-56274^ ;9 Area V� Code 2. SIC ® •--;�o (Leave blank) 7 i 3. Number of employees 15(total) for the four Yadkin Dams csz �r If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here.D and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste 6. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP �. IDPrincipal product. Draw material (Check one) ELECTRICITY �. Principal process HYDROELECTRIC GENERATION 7. Maximum,_amount of principal product produced or' raw material consumed oer (rhork nasal Basis Amount 1-99 (1) 100-199 (2) 200-499 (3) 500-999 (4) 1000- 4999 (5) 50D0- 9999 (6) 10,000- 49,999 -(7) SO;D00 ormore (6) A. [lay g B. Month C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 15 EXHAUSTED N. Kitt in, rm MrwprnI of prInc. ilia I In•n,lurI I, rim lit, rrl or rnw non IerI,%I r,mv.onw-d, reI,ntIt-el In item /, above, Is nw aSured In (I.heO. one): A.0 pounds B.O tons C.O barrels D.0 bushels E.O square feet F.O gallons G.O pieces or units N.cgother, specify MEGAWATT HOURS 9. (a) Check here if discharge occurs all year , or (b) Check the inonth(s) discharge occurs: 1.0 January 2.0 February 3.0 Marcn 4.0 Apri 1 5.13 May 6,0 June 7,0 Juty 8.0 August 9.0 Septemher 10:0 October 11.0 November 12.0 December (t) Check how many days per week: ].O 1 2.0 2-3 3.0 4-5 4.M 6-7 10. Types of'waste water discharged to surface waters only (check as applicable) Flow. .gallons r Per operating day Volume treated before discharging (percent) Discharge per operating day 0.1-999 IDOO-4999 5000-9999 10,D00- 50,000- None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (B) (9) (10) A. Sanitary, daily average % g B. Cooling water, etc. daily average g _ g C. Process water, daily average 1. Maximum per Operat- ing day for total discharge (all types) X 11, It any c•f Op three types of waste identified in item 10.either treated or untreated, are discharged to places other than surface water,, checl, below as applicable_ „ Waste water is discharged to: Average flow, gallons per operating day 0.1-999 (1) 1D00-4999 (2) 5DOO-9999 (3) 10,00049,999 (4) 50,000 or more (5) A. Municipal serer system B. Underground well C. Septic tan: D. Evaporation lagaon or pond E. Otner, specify 12. Number of separate discharge points: A.O i B.11 2-3 C.O 4-5 D.O 6 or more 13. Name of receiving water or waters YADKIN RIVER 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A.[gyes 6.0 no f certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. DAVID E. JONES ST CHANICAL ENGINEER — POWER Printed Name of Person Signing Tit] ' DECEMBER 8,.1993 CE. Date Application Signed Signature of Applicant North Carolina General Statute 143-215 6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commissi. implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. *(18 U.S.C. Section 1001 provi a punishment by a line of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) ` �-State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director R. S. Hartsock P0Box 576 Badin, NC 28809 Dear Mr. Hartsock: e�� ®EHNF=1 RESOURCES AND OPJ,i1WlYJNITY DE'b'ELOPli°dE1VT June 18, 1993 JW-12 2 093 MSlog or Eglao,18MITA! lf�"�&EIAE i 9009sylll RESIONAL Subject: Permit No. NCO081949 Tuckertown Powerhouse Stanly County In accordance with your application for discharge permit received on March 16, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. 1 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Randy Kepler at telephone number 919/733-5083. Originals iegny�3d By. Coleen R Sullins A. Preston Howard, Jr. Director cc: Mr. Jim Patrick, EPA `eore!u�lle Retonal �Offi P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCOO81949 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 96 c DZYr• OF NAB PERMIT RESOURCES AND PUMMMEU DEVEMOPMENT TO DISCHARGE WASTEWATER UNDER THE ' J UIN 2 2 1993 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM WS1611 OF 91VIRONMEIITAi F9HAGEI0E111' 96011BVIII.E RVIIIJUL OFFICE In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Yadkin Inc. is hereby authorized to discharge wastewater from a facility located at Tuckertown Powerhouse on NCSR 1164 Montgomery County to receiving waters designated as the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective July 1, 1993 This permit and the authorization to discharge shall expire at midnight on August 31, 1994 Signed this day June 18, 1993 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0081949 SUPPLEMENT TO PERMIT COVER SBEET Yadkin Inc. is hereby authorized to: 1. Continue to discharge generator, thrust bearing cooling waters and discharge from a sump drain from outfalls 001, 002,003 and 004 located at Tuckertown Powerhouse, ,on NCSR 1164, Montgomery County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into the Yadkin River which is classified Class WS-III and B waters in the Yadkin -Pee Dee River Basin. STATE OF NOH l H UAHULINA DEPARTMENT OF NATURAL RESOURCES ` AND .COMMUNITY DEVELOPMENT RALEIGH, NORTH CAROLINA ASHEBORO 79 M,. 4955 ,r SW iurr_u nnrvr 67d 675 10, s 76 \l� � Pin i ... ...�. __ / ,.� J �, `� \�• r i� I I 4 . / � .60000 \lant Power P 7c�o \j ; 75" I i ! l- �� b Discharge Point 001 • 1 \\ �� /I1� GampgrbunU, y II .I �11 � Q \ p 06 C/ c^ 74 51 IL 15N r' • 684 J A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001,002 and 003. Such discharges shall be limited and monitored by the permittee as specified below: Effluent CharacteristiDischarge, , Limitation: Monitoring Requirements uirements Lbs/da Units (specify Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avg. Daily Max. Frequency Tape location Flow Temperature Total Residual Chlorine THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE TREATMENT SYSTEM EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS. ** 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 32.0°C. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0081949 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 004. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Lbs/dav Discharge Llmitationa Monitoring Requirements Units (specify Measurement Sample *Sample Mon. Avg. Dally Max Mon, Avg. Dally Max. Frequency Tvpe j Location * Sample locations: E - Effluent, I - Influent BMP Conditions: 1. Check weekly the rope skimmer oil/water separator to insure proper operation. 2.Clean out the accumulated sediment in bottom of sumps at a minimum on an annual basis. Documentation shall be kept on record for a period of three years of the maintanance activities taken and the date upon which such action was taken. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part H Page 1 of 14 PART 11 STANDARD CONDITIONS FOR NPDES PERMITS M"q• P . 2!,!1!� • The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4.. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 US C 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Patt I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified_as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as 'Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported This limitation is defined as "Annual Average" in Part I of the permit. Part 11 Page 2 of 14 • ! -s: • 1 1/ a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected. during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device: a. Composite. Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. r 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if' the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for. not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall'be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. • • :. . S� • • . • Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. The issuance of this permit does not convey any property rights in either real or personal property, or any.exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability_ The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 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. All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision maldng functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranldng elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification:. "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.' I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." J. VM • 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. 13. Permit Modification. Revocation and Reissuance, or Termination 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. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer. effective. J The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage. and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part 11 Page 8 of 14 ems••- ��.�r.•� . �•_�_�.,.- The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c . Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part H, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee'submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset. "means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent .limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate .treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 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 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 211, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained'during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the _following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part H Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampgring 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. •, WITZ.-I'MM For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part 11 Page 12 of 14 8. InsW&tion 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 permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; . b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part IL D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 11, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part H. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 6. of this permit. Part II Page 14 of 14 Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any reportto the Director, it shall promptly submit such facts or information. The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 1 .�_MIN• a ;-••f Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of ReFQrts The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS WW_ s T4- • No construction of wastewater treatment facilities or additions to add to the plant's treatment capacityor to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 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: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that -pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate. all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part III E. Biocide Condition Permit No. NCO081949 The permittee shall obtain authoriztion from the Division of Environmental Management prior to utilizing any biocide in the cooling water. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receivingstream. Concentrations of chromium, copper, or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from. the biocide worksheet Form 101 with Supplemental Metals Analysis worksheet. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. G State of North Carolina Department of Environment, r Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ® E 1 Vivian Burke, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT June 23, 1993 Mr. R. S. Hartsock Post Office Box 576 Badin, North Carolina 28809 Subject: NPDES Permit No. NCO081949 Tuckertown Powerhouse Stanly County, NC Dear Mr. Hartsock: Our records indicate that NPDES Permit No. NCO081949 was issued on June 18, 1993 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, -etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper I A . Mr. R. S. Page Two June 23, Hartsock 1993 facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply•with,the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation plus criminal penalties may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:s1