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HomeMy WebLinkAboutNC0088684_Regional Office Historical File Pre 2018 (4) a ; - INIZ / PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAN Director April 15, 2016 RECEIVEDINCDENR/DWR Mr. Peter Grimaldi, Director of Horticulture APR 2 7 2 016 Daniel Jonathan Stowe Conservancy WQROS 6500 South New Hope Road MOORESVILLE REGIONAL OFFICE Belmont,NC 28012 Subject: Issuance of NPDES Permit NC0088684 Daniel Stowe Botanical Garden WTP 6500 South New Hope Road, Belmont 28012 Gaston County Dear Mr. Grimaldi: The Division of Water Resources (the Division)hereby issues the attached NPDES permit for the subject facility. 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. We have made the following updates to your previous permit: • added parameter codes to Section A. (1.) • updated facility description has been modified to better reflect the operational circumstances of the facility, including the typical frequency and duration of discharge • pursuant to a review of data reported during the current permit cycle,including performance of a reasonable potential analysis upon applicable parameters (Chloride, Copper and Zinc), monitoring frequency has been reduced from monthly to quarterly for the following parameters: Total Dissolved Solids,Turbidity,Total Copper,Total Zinc, Total Nitrogen and Total Phosphorous • monitoring for pH has been reduced from 2/month to monthly • monitoring for Total Chlorides has been removed from the permit • added Discharge Alternatives Evaluation as described in Section A. (2.). Whole Effluent Toxicity test results submitted during the past three years have demonstrated that the Water Treatment Plant's effluent is showing potential for causing aquatic toxicity in the receiving stream. As a result, the Daniel Jonathan Stowe Conservancy shall perform a Discharge Alternatives Evaluation as described in Section A. (2.) of this permit. This • evaluation is being requested to determine whether there are any economical and technologically feasible alternatives available to the Daniel Jonathan Stowe Conservancy to comply with all NC Water Quality Standards.The permittee will be given approximately one permit cycle to evaluate and document possible treatment/discharge alternatives to eliminate aquatic toxicity. The evaluation shall be submitted with the permittee's next permit renewal application and will be carefully reviewed by the Division and the results will be used in the State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh,North Carolina 27699-1617 919 807 6300 Mr. Grimaldi April 15,2016 Page 2 of 3 development of a compliance schedule or possible variance request for the Daniel Jonathan Stowe Conservancy. , We have made the following updates since the draft permit: • updated stream inform an unnamed tributary to Catawba River (Lake Wylie) [Stream Segment 11-(123.5)] classified WS-V, B waters (the previous permit and BIMS database indicated that the stream was Catawba Creek [Stream Segment 11-130] classified C waters which was incorrect) • updated the facility map • the coordinates for the Outfall 001 were adjusted to the following: Latitude: 35° 10' 13" Longitude: -81° 03' 18" • updated footnote 1 in Section A. (1.): Effective December 21,2016,the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet application. See Special Condition A. (4.). • updated Special Condition A. (4.)for electronic reporting of monitoring reports • removed Salinity monitoring because this parameter is intended for RO water treatment systems that typically are found near the coast in which there is a narrative water quality standard for saltwater • added a 500 mg/L limit with monthly monitoring for Total Dissolved Solids because Catawba River(Lake Wylie) is classified as WS-V, B waters. Starting December 21, 2016, 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 final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet application has been added to your final 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: http://deq.nc.gov/about/divisions/water-resources/edmr. For more information on EPA's fmal NPDES Electronic Reporting Rule,please visit the following web site: http://www2.epa.gov/compliance/final-national-pollutant-discharge-el imination-system-npdes- electronic-reporting-rule. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written • , Mr. Grimaldi April 15,2016 Page 2 of 3 petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center,Raleigh,North Carolina 27699-6714. Unless such a demand is made,this permit shall remain 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 Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service,please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919) 807-6307. 'esp- tfully, /iv ../.0 /.1 �. Jay Zimmerman, rG7c.tor Division of Water Resources,NCDEQ Enclosure:NPDES Permit NC0088684(Issuance Final) hc: Central Files NPDES Program Files lirrilegrA ,. r s ,: ec: Peter Grimaldi[grit& .i, is.g.org] Christine Cordy[cordy@dsbg.org] NPDES Permit NC0088684 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Daniel Jonathan Stowe Conservancy is hereby authorized to discharge wastewater from a facility located at the Daniel Stowe Botanical Garden WTP 6500 South New Hope Road, Belmont 28012 Gaston County to receiving waters designated as an unnamed tributary to Catawba River(Lake Wylie) in the Catawba 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 May 1, 2016. This permit and authorization to discharge shall expire at midnight on August 31, 2020. Signed this day April 15, 2016. ay Zimmerman,P.G., Dire Division of Water Resourc By Authority of the Environmental Management Commission Page l of 8 I . NPDES Permit NC0088684 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 from this facility arises under the permit conditions,requirements,terms, and provisions included herein. Daniel Jonathan Stowe Conservancy is hereby authorized to: 1. continue to operate a reverse osmosis (RO) -membrane technology water treatment system with discharge of wastewaters consisting of RO Concentrate and Softener Regeneration with a design potable flowrate of 0.0038 MGD of high purity water and a wastewater discharge of 0.003552 MGD, serving to fill a 750 gallon tank twice a week; actual volume is much less than design; located at the Daniel Stowe Botanical Garden, 6500 South New Hope Road, Belmont,NC, Gaston County. 2. discharge from said treatment works via Outfall 001 at a location specified on the attached map, into an unnamed tributary to Catawba River(Lake Wylie) [Stream Segment 11-(123.5)], currently a Class WS-V, B waterbody within Subbasin 03-08-37 [HUC: 030501011502] of the Catawba River Basin. Page 2 of 8 NPDES Permit NC0088684 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the Permit effective date and lasting until expiration,the Permittee is authorized to discharge backwash wastewater from reverse osmosis (RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited,monitored and reportedl by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample Parameter Code Average Maximum Frequency Location Flow(MGD) 50050 Monitor&Report Monthly Instantaneous Effluent Conductivity(pmhos/cm) 00094 Monitor&Report Monthly Grab Effluent pH(su) 00400 z 6.0&s 9.0 standard units Monthly Grab Effluent Total Dissolved Solids(mg/L) 70295 500 mg/L Monthly Grab Effluent Turbidity(NTU) 00070 Monitor&Report Quarterly Grab Effluent Total Copper(Ng/L) 01042 Monitor&Report Quarterly2 Grab Effluent Total Zinc(Ng/L) 01092 Monitor&Report Quarterly2 Grab Effluent Total Nitrogen(mg/L) C0600 Monitor&Report Quarterly2 Grab Effluent Total Phosphorus(mg/L) C0665 Monitor&Report Quarterly2 Grab Effluent Whole Effluent Toxicity Monitoring3 TGP3B Monitor&Report Quarterly Grab Effluent Footnotes: 1. Starting on December 21,2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A. (4.). 2. Monitoring should be conducted in conjunction with whole effluent toxicity testing. 3. Whole Effluent Toxicity(Ceriodaphnia dubia) at 90%; March,June, September and December; refer to Special Condition A. (3.). Conditions: • All samples must be collected from a typical discharge event. • There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 8 NPDES Permit NC0088684 A. (2.) DISCHARGE ALTERNATIVES EVALUATION [15A NCAC 02H .0105] The Permittee shall assess potential alternatives to eliminate Whole Effluent Toxicity(WET)test failures. This evaluation shall assess the feasibility of all the following alternatives. 1. Connect discharge to a WWTP: Determine whether the wastewater can be discharged to a wastewater treatment plant. Approval or disapproval from the plant operator should be acquired. 2. Obtain a Non-discharge permit: Eliminate the surface water discharge by obtaining a non-discharge permit for spray irrigation, infiltration, or subsurface disposal (on-site drainfield, infiltration gallery, injection wells). 3. Install Wastewater Treatment: Install improved wastewater treatment to enable the facility effluent to consistently pass the WET test. If this is not technically feasible or cost prohibitive,please explain and provide estimated costs. 4. Use Alternative Water Treatment Source: Obtain drinking water from another source (nearest County, City, or Town or other wells) so the discharge or toxicity problem is eliminated. 5. Use Alternative Water Treatment Method: Install alternative and/or innovative water treatment methods or operational improvements that do not produce toxic wastewaters. For example, install a recycle iron/manganese filtration system with no discharge or combine discharge with WWTP or cooling water effluents. 6. Discharge to a Larger waterbody/Perform a dilution model: Relocate the facility's discharge to a larger receiving waterbody to eliminate or reduce toxic impacts to the receiving waterbody given the increased dilution. If applicable,perform a dilution model to receive allowance for stream dilution in WET test. 7. Combination of Alternatives: Employ any combination of the alternatives listed above that would result in eliminating or decreasing toxicity until a more feasible solution becomes available. The evaluation shall include a present value of costs analysis for all technologically feasible options as outlined in the Division's "Engineering Alternatives Analysis Guidance Document."This Document can be found at: http://portal.ncdenr.org/web/wq/swp/ps/npdes/permits. This evaluation is being requested to determine whether there are any economical and technologically feasible alternatives available to the Permittee to address aquatic toxicity in the plant effluent. Based upon the evaluation,please identify viable alternatives and present an implementation schedule and project timeline for the preferred alternative. The Permittee shall submit the Discharge Alternatives Evaluation to the Division along with the submission of their next permit renewal application(due 6 months prior to permit expiration on August 31, 2020) to: NC DENR/Division of Water Resources/Water Quality Permitting NPDES, Wastewater Branch 1617 Mail Service Center, Raleigh,NC 27699-1617 Page 4 of 8 NPDES Permit NC0088684 A. (3.) CHRONIC TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY) [15A NCAC 02B .0500 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90 %. The testing shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. The tests will be performed during the months of March,June, September and December. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh,North Carolina 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number,pipe number, county, and the month/year of the report with the notation of"No Flow"in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test,this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream,this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 5 of 8 NPDES Permit NC0088684 A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals,then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency(EPA). The fmal 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 for NPDES Permits): • 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. (5.) (a)1 Effective December 21, 2016,the permittee shall report 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/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 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. See "How 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: • Page 6 of 8 NPDES Permit NC0088684 • 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). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(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 NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-pollutant- discharge-elimination-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 Reporting • 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 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 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 permittee 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: http://deq.nc.gov/about/divisions/water-resources/edmr Page 7 of 8 • NPDES Permit NC0088684 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) 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 eDMR 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 eDMR system shall make the following certification [40 CFR 122.22]. 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 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." 5. Records Retention [Supplements Section D. (6.)1 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 122.411 Page8of8 , 5T-CE,< :---'7-2--- \4'. 15,) i,/?/' ' c c fib ----)?i_-..*_4,c-f-zi .) --.. ) ---igy" ,/- (---, -5---- si----,, ,-"-{-/)\,V -- , ( \z' 2,; --,-),,.1s=:-Ii -.::<„,.:._-----; . / \-‘,/,/ : mi l' o > >oo j \ r� r\ �_ i :vc • �!'% h _,_./I, . - ‘1,.,.._<./\ji? ___} 4,!---„__ , \....s`t s):1 4,7 (i..,...„-\,,,,j .*,___,..:25 , ft 1),,,lig: ,,,/./2„k.„:"-' , \ I 0 ,.t 2-,-_,,x, L._„,,--7_,,,...__-______,), / ‘...7,„;: ti \ 1 _____1 _______-_ ,,,,--,,.. ik, o.,‘.., .;,,,,.-_,5_,./ i_, ,__. ,4.t._____ ____,_„.., - __:..-7.,D -- > „„c„._ , J .__.-., 1 .., . _ iti--...---, fi r 77 -� K- , y �\'' c - - .r� ;, '� ?�i\�._�5�r ' \ `1\NN.,_ \ ��_ ' South New Hope Rd ,, y ,/ ?) , \ /i l u1 �_ des t'" N •% j � l ^2 ! �� r l // -ter \u_--/;\\ 1 ; � �\ -:' r p 1, �,1 �� , Approximate ��� � J) 1��� `'��i ' '�i�,���� (,` �)�I J Z u! / i i `� Facility Boundary .----�'� '.0 /;I�-- �„ t IF,/ ' ,, 1� ,-. )12 - - - . -f-t,,c_. j-?v� 4t j �,\ 03 \ 1jic = 11001 >/� )1 ;�\.,� \-1 = j J , outhwest] ;�., _r ��� _ �> -7 1 \ \ SOSl` i j 'AT \ ; ) :------� _ r UT to Catawba River(Lake Wylie)/�' " � ---` [flows southwest] 1 1 1_5 cto �. . 4r�w �J f h t (� spa f ��� ,�� Jes �+. !l A., __ ? _„..._, '� /741k1 ' O '7, :-.)- I Ili\ / y \"�1 l� yI ` )/ _--�j ``/i/` I. 0 -ye-ii \ `\ / �� �\. j::1-4::, .'2-' ;-)\- -::\ '1:\'‘I JiV i ��i_4i%! T ` by0 / ,/ �Y,7//f[ � '_ ; ( / y _4074 ,, ___),) 1_ \ l/-- c7 (/? lam , ' V,, , _' \ 60. ), i---2_,/ �<c-1111. - \\,--.zip.)\ c- -1 -� ° -±) l • c - , ,„ jam. _ ) <01/44, i � ✓�'40: — ` $ N COlam.` � `� _ � .t� / � 1ji � „.� Li ,- i E----- ----- > -,, ,-, _ _i-,-,,,,,,__ '.::::-__-.--„t:----.-\,- d :--.._D_5/ • iSti i ■ 1w fir•�, Facility �*-�: � a.- ,��, Daniel Jonathan Stowe Conservancy +•���- * ��� 6%, Location ..���!•Y;rlrav;'�^•iad 6500 South New Hope Road, Belmont 28102 Not to scale � villst�'iltkIllis� . Receiving Stream: UT to Catawba River(Lake Wylie) Stream Class:WS-Iv,B, iir Stream Segment: 11-(123.5) Sub-Basin: 03-08-07 Drainage Basin: Catawba IIUC: 030501011502 NPDES Permit NC0088684 Latitude: 35°10'13" Longitude: 81°03'18" North State Grid/USGS Quad:GI4NE/Belmont,NC Scale: 1:24,000 Gaston County NPDES Permit Standard Conditions Page 1 of 18 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 11/09/2011.1 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). DWR or"the Division" The Division of Water Resources,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 11/09/2011.1 • 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 Resources. 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 11/09/2011.1 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. 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 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 11/09/2011.1 NPDES Permit Standard Conditions Page 5of18 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-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]. 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 11/09/2011.1 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 122.22] d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following certification[40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert6,, 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[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 11/09/2011.1 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 II, 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 [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)] (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 11/09/2011.1 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. 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 noncompliance was caused by upset,and before an action for noncompliance,is fmal 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)]: 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 11/09/2011.1 • • NPDES Permit Standard Conditions Page 9 of 18 NC DENR/Division of Water Resources/Water Quality Permitting 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.ncdenr.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. 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 122.41]. 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: D. 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 11/09/2011.1 NPDES Permit Standard Conditions ' Page 10 of 18 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; 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 11/09/2011.1 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(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 122.41(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. 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(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011.1 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 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day 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. The report shall be sent to: NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Version 11/09/2011.1 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 plant's 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 11/09/2011.1 • NPDES Permit Standard Conditions • Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions 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 (i)and(j)and 15A NCAC 02H .0903(b)(11)] 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 Permittee's(or any satellite POTW's if different from the Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through 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 Permittee's(or any satellite POTW's, if different from the Permittee)NPDES,collection system,or non-discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. 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 the collection system,as defined in 15A NCAC 2T .0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government organization,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. In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User"or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS and ammonia;or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a Significant Industrial User(SIU);or 6. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works(POTWs) Version 11/09/2011.1 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW 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. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (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 inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable 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;or (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 POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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 discharge;the investigation into possible sources;the period of the discharge,including exact dates and times; 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, Version 11/09/2011.1 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 122.44(j)(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 122.44(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 02H.0900,and the legal authorities,policies,procedures,and fmancial 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 403.80)(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 122.44(j)(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(0(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 11/09/2011.1 NPDES Permit Standard Conditions Page 17 of 18 o ; enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and ' .0906(b)(4)] 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 IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) 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. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their lUs 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(f)(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 any non-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. IU 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 122.44(j)(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(0(5)] 10. Pretreatment Annual Reports(PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In 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 11/09/2011.1 NPDES Permit Standard Conditions " Page 18 of 18 I NC DENR/Division of Water Resources/Water Quality Permitting 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 Permittec to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary(PPS) A pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(lUs)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 IUs 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 list of Industrial Users(lUs)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. [15A 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 02H .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 Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907. L, . Version 11/09/2011.1 A7377A /11/ro NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary RECEIVED DIVISION OF WATER QUALITY MAY 292012 May 4, 2012 SWP SECTION • MOORESVILLE REGIONAL OFFICE Mr. Chris Gardner Facilities Supervisor Daniel Stowe Botanical Garden 6500 South New Hope Road Belmont,NC 28012 Subject: Issuance of NPDES Permit Renewal Permit NC0088684 Daniel Stowe Botanical Garden WTP Gaston County Dear Mr. Gardner: The Division of Water Quality(Division) personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. It 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. There are no changes to this final permit from the draft permit sent to you on March 14,2012. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable,you have the right to an adjudicatory hearing upon written request within thirty(30)days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes,and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,North Carolina 27699-6714. Unless such demand is made,this permit remains final and binding. This permit is not transferable except after notifying the Division of Water Quality. The Division may modify and re- issue, or revoke this permit. Please notice that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6495\Customer Service:1-877-623-6748 NorthCarol i na Internet:http:I/h2o.state.nc.us/ Naturally An Equal Opportunity\Affirmative Action Employer 17,'` If you have questions, or if we can be of further service, please contact Jim McKay at james.mckay@ncdenr.gov or call �aF r?. •f (919) 807-6404. ' ' r t • .+r •r, a t Sincerely, 4. i ��. , 41,.. 6:, /,,A2,6.....,•• /": tittit k Y ' arles Wa/kild, P.E.Jry {- • ♦ va , -. ' k r..ass .?7 .�.' r ,';',,•-', :.�:.`1-, .a, 7 �`. y`4. �� ' ,NN Enclosure: NPDES Permit Final NC0088684 Daniel Stowe Botanical Garden WTP -- r ; ; . , s Fv ., t ,,;. .. • • w• .4 ..•. ! i♦ -t -':< .•+fib ''': „ , • • '.tom i�i .;;- J .KJ` J - - / e,4*,, `;, cc: Mooresville Regional Officer Surface Water Protection with Fact Sheet t M1 NPDES Unit M ,, Central Files ' "*" 4 4, .r ' s -. >- Aquatic Toxicology, Susan Meadows-via email ; loll , r _ b of��jjA�a n ay ap..� Ya• 'i` C ' ,ti •+ i� • r T `. t ,r 4 it , . • 4,4 , 4tb ti ter • i a rt..tt '1 _*.PS ^t"t ,, ro .F•,, { ,, it ` •. 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'�`I ..,u:49s.1 i.aiw.r y.. r. •4i �i.°ig6,1 t_ k.t� - ii t ."1 _ tq 4•t v • Permit NC0088684 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,the • Daniel Jonathan Stowe Conservancy is hereby authorized to discharge wastewater from a facility located at the Daniel Jonathan Stowe Conservancy WTP 6500 South New Hope Road Belmont, North Carolina Gaston County to receiving waters designated as an unnamed tributary to Catawba Creek in the Catawba 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 June 1, 2012 This permit and authorization to discharge shall expire at midnight on August 31, 2015. Signed this day May 4, 2012. • A,4r- C es Wakild,P t Director ision of Water Quality By Authority of the Environmental Management Commission Permit NC0088684 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 from this facility arises under the permit conditions,requirements,terms,and provisions included herein. The Daniel Jonathan Stowe Conservancy is hereby authorized to: 1. Continue to discharge RO Concentrate wastewater from reverse osmosis (RO) water treatment system, and Softener Regeneration from outfall 001. This wastewater system is located at 6500 South New Hope Road, Belmont in Gaston County. This high purity water system has a capacity of 3,800 gallons per day of high purity water, and a wastewater flow of 0.003552 MGD on average. 2. Discharge from said outfall at the location specified on the attached map into an unnamed tributary to Catawba Creek, classified C waters in the Catawba River Basin. Permit NC0088684 r/ '� .. A je ,t>\ ✓ s �.+ iii i ."‘:-::'\A.-r , i,,,,-,, -,-,-,„„ :,,., ,- TN --.722 ?'ly r--'-`":111. • • -'ck- ' )..// '-''''''‘". -- l* .;)41''''''':/‘' 'c j)1 '''- -„,\(\Ir—N--\-c.,k..,\.,.\..,.,....v,„....',,..'.-',.1'•'.''--.,‘.-'.1.1..!,-,.,—.›.1—t,._"—f�1 `fr_.s7_7....",_.),,..-‘-.s_r.-34,7,,-,1):„;...-,.1.,,--= T,'„,-<4..X..-_..,6,c.,,,7c,,v4.1,-e-..,7.-).,_j,; om, \ ti ` ,'s, 'I`..r,,I,i 1,•NOk'_?,(11i-,.".:c.-.......-::\.„..f.-.,-,,-1---":-/-).''_,,(..:;..--1--,).t,,"'i,-;i, j1 ', \, t /J; ..:..k,s,,:,-k1k--..,>-',.-.'-'..'--.'---L,-,--..,.`z.--s---(---:,:.-:--::----.—,.'M-).\(?.,,\.i.'/, -, 60 ( J s0 S8\ tamer —2',,,'''.!-r. 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'''- ,x_.,,,.:___—_ \e t ( N__, i -- . .. c:-. s.„..,.... r..... „\.,_ /„......... 2, , ir r'-ks. ii0iVi "41Yi ' 1 ' ' iN` \''---- '-' 7.---7' 't 4'I\Z .,S'''''''' 1102) \-\\ ' 2 --';-6,,"--.--:..: /5/ ,. t.\- j\5, t'-'s, ', ' , ' � ��`i7„,---.....,,71,::::-.-r"..„.4 Q. \ '1/4„L, \- ,fr ; --/-"'7 t" 1 "-AV)1,4:61.*,/,;:„,"-t.:1„ :” yam y 11:- Cni).‘��ir �' t .,C.G%S_TON :C • ! ,. x ram- Daniel Stowe Botanical oliiiiiii, Garden Facility Location , Latitude. 35.10'03"N State CridJQuad: F14SVJl Gas toniaNC not to scat' Longitude: $1 03'1B'V1 PermittedHow: not!muted Racal.m.5tream UTCatswbaCreek nr Basin: Catawba Basin NPDES Petmit No.NC0088684 Stream .: C S,�,-1B a3-08-37 l�rOt't 2 Guilford County Permit NC0088684 , • A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the Permit effective date and lasting until expiration,the Permittee is authorized to discharge backwash wastewater from reverse osmosis(RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Type Sample Location Average Maximum Frequency Flow Monthly Instantaneous Effluent Salinity Monthly Grab Effluent Conductivity Monthly Grab Effluent pH 6.0 SU<_ pH < 9.0 SU 2/Month Grab Effluent Total Dissolved Solids Monthly Grab Effluent Turbidity Monthly Grab Effluent Total Chloride Monthly Grab Effluent Total Copper Monthly Grab Effluent Total Zinc Monthly Grab Effluent Total Nitrogen Monthly Grab Effluent Total Phosphorus Monthly Grab Effluent Whole Effluent Toxicity Monitoring ' Quarterly Grab Effluent Footnotes: 1. Whole Effluent Toxicity(Ceriodaphnia dubia)at 90%;March,June,September and December;refer to Special Condition A(3). All samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) Permit Re-Opener: Whole Effluent Toxicity Monitoring Whole Effluent Toxicity monitoring results indicating aquatic toxicity failure may result in the Division of Water Quality re-opening this permit,requesting by letter that further action be taken. Additional metals testing and/or toxicity identification/reduction evaluations may be requested to determine the cause(s) of the effluent toxicity and to reduce effluent loading to acceptable levels. Permit NC0088684 A. (3.) CHRONIC TOXICITY MONITORING (QUARTERLY) The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised February 1998, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 90 %. The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Section 1621 Mail Service Center Raleigh,N.C. 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT)test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow"in the comment area of the form. The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Standard Conditions Page 1of18 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: (I) 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 11/09/2011 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 11/09/2011 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 11/09/2011 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 fme 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 fme 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. 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 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 ll.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 11/09/2011 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 150B-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]. 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 11/09/2011 NPDES Permit Standard Conditions Page 6 of 1,8 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]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert6,, 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 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 11/09/2011 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 II, 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[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)] (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 11/09/2011 NPDES Permit Standard Conditions Page 8 of 1,8 (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 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)]: 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 11/09/2011 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.ncdenr.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. 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 122.41]. 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 11/09/2011 NPDES Permit Standard Conditions Page 10 of 18 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; 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 11/09/2011 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(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 122.41(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. 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(b)(2)or in Section 309 of the Federal Act. Version 11/09/2011 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 122.41]. 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. 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 11/09/2011 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 plant's 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 11/09/2011 NPDES Permit Standard Conditions Page 14 of 1$ PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions 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 (i)and(j)and 15A NCAC 02H .0903(b)(11)] 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 Permittee's(or any satellite POTW's if different from the Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H .0903(b)(14)] Pass Through 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 Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works(POTW) A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization. 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 the collection system,as defined in 15A NCAC 2T .0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government organization,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. In this context,the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)] "Significant Industrial User" or"SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary, noncontact cooling and boiler blowdown wastewaters);or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS and ammonia;or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a Significant Industrial User(SIU);or 6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works(POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW 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. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (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 inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; (6) Petroleum oil,non-biodegradable 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;or (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 POTW,including slug loads and other unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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 discharge;the investigation into possible sources;the period of the discharge,including exact dates and times;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, Version 11/09/2011 NPDES Permit Standard Conditions Page 16 of 1.$ 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 122.44(j)(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 122.44(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 02H .0900,and the legal authorities,policies,procedures,and fmancial 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 defmed in Part II or Part IV of this permit are as defmed 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(0(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 122.44(j)(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 defmition 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(0(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 11/09/2011 NPDES Permit Standard Conditions Page 17of18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and .0906(b)(4)] 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 IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct(AtC) 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. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143- 215.1(a)(8)] 7. POTW Inspection&Monitoring of their lUs The Pein ittee 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(f)(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 any non-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. IU 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 122.44(j)(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.In 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 11/09/2011 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 pretreatment program summary(PPS)on forms or in a format provided by the Division; c. Significant Non-Compliance Report(SNCR) A list of Industrial Users(lUs)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 IUs 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 list of Industrial Users(lUs)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. [15A 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 02H .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 Plan modifications, 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 11/09/2011 SOC PRIORITY PROJECT: No To: NPDES Unit Water Quality Section Attention: James McKay Date: April 28, 2010 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0088684 PART I - GENERAL INFORMATION 1. Facility and address: Daniel Stowe Botanical Garden 6500 South New Hope Road Belmont,NC 28012 2. Date of investigation: April 21, 2010 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Eric Woodward, (704) 829-1254 5. Directions to site: The entrance to the Daniel Stowe Botanical Gardens is located on Highway 279 (South New Hope Road) z 1/2 mile north of the junction of Hwy. 279 and Hwy. 273 (Armstrong Road) in southern Gaston County. 6. Discharge point(s), list for all discharge points: Latitude: 35° 09' 34" Longitude: 80° 03' 06" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G14NE 7. Receiving stream or affected surface waters: UT to Catawba Creek(Lake Wylie) a. Classification: WS-IV b. River Basin and Subbasin No.: Catawba 030837 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a dry ditch at the point of discharge,which is dominated by storm water flow during periods of wet-weather. There are no other downstream dischargers known. Page Two PART II -DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.0038 MGD (Design Capacity) b. What is the current permitted capacity:N/A(Intermittent) c. Description of existing or substantially constructed WWT facilities: There are no existing WWT facilities. d. Description of proposed WWT facilities: The applicant does not plan to construct WWT facilities at this time, however the wastewater is generated from a reverse osmosis water treatment system that includes the use of a water softener. e. Possible toxic impacts to surface waters: There are no toxic impacts are expected,however,the permittee has experienced difficulty in complying with the toxicity testing requirement due to the fact the discharge enters a dry ditch and testing must be performed at 90% concentration. PART III- OTHER PERTINENT INFORMATION 1. Special monitoring or limitations (including toxicity)requests: The current permit contains upstream and downstream monitoring (no limits) for temperature, salinity, conductivity, DO, and pH. As mentioned in Part I,No. 7 above,this discharge enters a storm water drainage channel that typically only carries flow during storm events. During the majority of the year, this channel is dry for a distance of several hundred feet below the point of discharge except during storm events. For that reason, instream collection of the above noted parameters when channel flow is predominately a storm event would likely not provide any useful WQ data in which to base compliance with WQ standards. Prior to permit reissuance, a determination should be made as to the necessity of continuing instream monitoring in the renewed permit. 2. A review of self-monitoring data noted the presence of copper in the waste stream at levels well above the 5.0 ug/1 water quality standard for this parameter. A possible source of the copper in the effluent may be the copper piping used in the construction of the RO treatment system,however,there may be other sources as well. At low pHs, metals (copper and lead in particular) have been known to leach out from metal piping,however, effluent pH levels at this facility are well above the 6.0 standard units set forth in the permit. Zinc was also found in the effluent at levels well above the 50 ug/1 action level set forth in our Rules. Given the lack of receiving waters at the point of discharge (see No. 1 above), it is not anticipated that either copper or zinc are creating a negative effect on downstream surface waters. Page Three PART IV- EVALUATION AND RECOMMENDATIONS The Daniel Stowe Botanical Garden discharges up to 3800 gpd of wastewater from a reverse osmosis (RO) ground water treatment system that is used to produce water for plant irrigation and a high pressure misting system. The RO system is primarily designed to remove mineral deposits found in the ground water so it can be used on specific plants grown at the Garden. There are no changes to the permit being requested at this time by the permittee. Changes suggested by the RO are addressed in Part III above. • Pending a final review by the NPDES Unit, it is recommended that the permit be reissued as requested. . ,tee (7 Signature of Report Preparer Dat .,&L-cric.)--c-- ) FA 10 Water Quality Regional Supervisor Date h:\dsr\dsr 10\dstowe.doc Qr., NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 13, 2010 ERIC E WOODWARD APR 1 6 2010 FACILTIES SUPERVISOR DANIEL JONATHAN STOWE CONSERVANCY 6500 SOUTH NEW HOPE ROAD r:,. BELMONT NC 28120 en v . , . Subject: Receipt of permit renewal application NPDES Permit NC0088684 Daniel Stowe Botanical Garden WTP Gaston County Dear Mr. Woodward: The NPDES Unit acknowledges receipt of the permit renewal application for the above facility on April 13, 2010; however, on initial review it was noted that the required Sludge Management Plan and Flow Schematic were not included in the submitted paperwork. Please submit these documents to this unit. For your convenience,we can accept a faxed copy at (919) 807-6495 or you can mail it attention to me at the mail service center address listed below. Upon receipt, a member of the NPDES Unit will further review your application and will contact you if additional information is required. If you have any additional questions concerning renewal of the subject permit,please contact James McKay at (919) 807-6304. Sincerely, Dina Sprinkle Point Source Branch cc: CENTRAL FILES r - _ ' : . ce/Surface Water Protection _ NPDES Unit 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-6300 1 FAX:919-807-64921 Customer Service:1-877-623-6748 North 1Carolina Internet:www.ncwaterquality.org Naturally Equal Opportunity;Affirmative Action Employer Daniel Jonathan Stowe Conservancy Daniel Stowe Botanical Garden 6500 South New Hope ltd. Belmont, N.C. 28120 N.C. Department of Environment and Natural Resources Division of Water Quality/NPDES Unit 1617 Mail Service Center Raleigh, N.C. 27699 Dear Sir/Mama, I am requesting the renewal of NPDES Permit Number NC00088684.There has been no change to the water treatment system or disposable of wastewater. The water is fed from a well to a reverse osmosis water treatment system,which is used to water plants inside the conservatory.There is no change to how the water is treated and is tested every month and reported. Thank You, Eric Woodward • Eric Woodward Facilities Supervisor Daniel Stowe Botanical Garden NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 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 NPDES Permit Number N C00 yz g LI 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 c�vie, a Z n cew c [ O n 5.et2Uc,t\C�` Facility Name C Mailing Address 6)500 SOS.-Ak. A)eu3 CJ- Qoc City Qc`wkoA.)tt A) .C . State / Zip Code Telephone Number (70q ) .2,c- t a.6-q Fax Number (70 y ) ?ci - /a. g 3 �.9 e-mail Address a >' -_ 2. Location of facility producing discharge: L2,:....7 132010 Check here if same as above ® OI N _ =r•, POINT OU32t;T gRANC�Ii Street Address or State Road City State / Zip Code County • . 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 M/4 Mailing Address City State / Zip Code Telephone Number ( ) Fax Number ( ) 4. Ownership Status: Federal ❑ State ❑ Private ria Public El 5. Type of treatment plant: Page 1 of 3 C-WTP 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Ai / A- 14. Is this facility located on Indian country? (check one) Yes D No sz 15. Additional Information: • Provide a schematic of flow through the facility, include flow volumes at all points in the treatment process, and point of addition of chemicals. • Solids Handling Plan 16. NEW Applicants Information needed in addition to items 1-15: • New applicants must contact the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No • Analyses of source water collected • Engineering Alternative Analysis • Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. 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. L-t.. E:1411&nl(, 1r�1rydi,.)c.,Q.et la-d;'j&7c$ ceir,'Sett Printe me di'Person Signing Title _o — e Signature of App icant 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 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 3 of 3 C-WTP 03/05 WAT w el pay •vemor o Gv North CR e a r Iron n'.?d rtura, . ces Coleen H.Sullins,Director Division of Water Quality AUC 2 • August 25, 2008 Mr. Jerry T. Wood NC DENR MRO Daniel Stowe Botanical Garden DWQ-Surface Water Protection 6500 South New Hope Road Belmont, NC 28012 Subject: Reissuance of NPDES Permit Permit NC0088684 Daniel Stowe Botanical Garden Gaston County Dear Mr. Wood: The Division received a request to modify the subject permit to correct an error by replacing the Whole Effluent Toxicity (WET)testing requirement. Enclosed with this letter is a replacement for Part I A. (2) of the NPDES permit for the Daniel Stowe Botanical Garden issued on January 23, 2008. Please replace the original Part I A. (2) with the attached new version. The new version of the WET testing requires Daniel Stowe Botanical Garden to perform monitoring only. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center,Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit.This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions or comments concerning this draft permit, you may contact me at the telephone number(919) 733-5083 ext 508. Sincerely, a/4 Coleen H. Sullins cc: NPDES Permit File l'ooresville Regional Office/Surface Water Protection Aquatic Toxicology Unit N"o�nCarolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 'or Permit NC0088684 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge backwash wastewater from reverse osmosis(RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location L Flow 0.0038 MGD Monthly Instantaneous E Temperature Monthly Grab E,U,D Salinity Monthly Grab E,U,D Conductivity Monthly Grab E,U,D Dissolved Oxygen Monthly Grab E,U,D pH2 2/Monthly Grab E,U,D Total Dissolved Solids Monthly Grab E Total Residual Chlorine' 17.0 ug/I, 2/Monthly Grab E Total Arsenic Monthly Grab E Total Chloride Monthly Grab E Ammonia Nitrogen Monthly Grab E Total Copper Monthly Grab E Total Fluoride Monthly Grab E Total Iron Monthly Grab E Total Zinc Monthly Grab E Total Nitrogen Quarterly Grab E Total Phosphorus Quarterly Grab E Whole Effluent Toxicity4 Quarterly Grab E Footnotes: 1. Sampling locations: E=Effluent,U=Upstream of discharge location,D=Downstream of discharge location 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The total residual chlorine(TRC)monitoring and limit will become effective on March 1,2008. The TRC is applicable only when chlorination is used. 4. Whole Effluent Toxicity(Ceriodaphnia dubia)at 90%;quarterly during March,June,September and December.See Special Condition A.(2.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0088684 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE BACKWASH WASTEWATER FROM GREENSAND FILTERATION WATER TREATMENT SYSTEM AND SIMILAR WASTEWATERS 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, the Daniel Jonathan Stowe Conservancy is hereby authorized to discharge wastewater from a facility located at 6500 South New Hope Road Belmont,North Carolina Gaston County to receiving waters designated as Unnamed Tributary to Catawba Creek in the Catawba 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, 2008. This permit and authorization to discharge shall expire at midnight on August 31,2010. Signed this day June 9, 2008. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0088684 A.(2)CHRONIC TOXICITY MONITORING ONLY(QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised- February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure, performed as the first test of any single quarter, results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally,DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/DWQ/Environmental Sciences Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival,minimum control organism reproduction,and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0088684 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge backwash wastewater from reverse osmosis(RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location' Flow 0.0038 MGD Monthly Instantaneous E Temperature Monthly Grab E,U,D Salinity Monthly Grab E,U,D Conductivity Monthly Grab E,U,D Dissolved Oxygen Monthly Grab E,U,D pH2 2/Monthly Grab E,U,D Total Dissolved Solids Monthly Grab E Total Residual Chlorine3 17.0 ug/L 2/Monthly Grab E Total Arsenic Monthly Grab E Total Chloride Monthly Grab E Ammonia Nitrogen Monthly Grab E Total Copper Monthly Grab E Total Fluoride Monthly Grab E Total Iron Monthly Grab E Total Zinc Monthly Grab E Total Nitrogen Quarterly Grab E Total Phosphorus Quarterly Grab E Whole Effluent Toxicity4 Quarterly Grab E Footnotes: 1. Sampling locations:E=Effluent,U=Upstream of discharge location,D=Downstream of discharge location 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The total residual chlorine(TRC)monitoring and limit will become effective on March 1,2008. The TRC is applicable only when chlorination is used. 4. Whole Effluent Toxicity(Ceriodaphnia dubia)at 90%;quarterly during March,June,September and December. See Special Condition A.(2.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0088684 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE BACKWASH WASTEWATER FROM GREENSAND FILTERATION WATER TREATMENT SYSTEM AND SIMILAR WASTEWATERS 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, the Daniel Jonathan Stowe Conservancy is hereby authorized to discharge wastewater from a facility located at 6500 South New Hope Road Belmont,North Carolina Gaston County to receiving waters designated as Unnamed Tributary to Catawba Creek in the Catawba 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, 2008. This permit and authorization to discharge shall expire at midnight on August 31,2010. Signed this day June 9, 2008. Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission IV Permit NC0088684 A.(2)CHRONIC TOXICITY MONITORING ONLY(QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised- February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure, performed as the first test of any single quarter, results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original)is to be sent to the following address: Attention: NC DENR/DWQ/Environmental Sciences Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow"in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control organism survival,minimum control organism reproduction,and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit NC0088684 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge backwash wastewater from reverse osmosis(RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location' Flow 0.0038 MGD Monthly Instantaneous E Temperature Monthly Grab E,U,D Salinity Monthly Grab E,U,D Conductivity Monthly Grab E,U,D Dissolved Oxygen Monthly Grab E,U,D pH2 2/Monthly Grab E,U,D Total Dissolved Solids Monthly Grab E Total Residual Chlorine' 17.0 ug/L 2/Monthly Grab E Total Arsenic Monthly Grab E Total Chloride Monthly Grab E Ammonia Nitrogen Monthly Grab E Total Copper Monthly Grab E Total Fluoride Monthly Grab E Total Iron Monthly Grab E Total Zinc Monthly Grab E Total Nitrogen Quarterly Grab E Total Phosphorus Quarterly Grab E Whole Effluent Toxicity4 Quarterly Grab E Footnotes: 1. Sampling locations: E=Effluent,U=Upstream of discharge location,D=Downstream of discharge location 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The total residual chlorine(TRC)monitoring and limit will become effective on March 1,2008. The TRC is applicable only when chlorination is used. 4. Whole Effluent Toxicity(Ceriodaphnia dubia)at 90%;quarterly during March,June,September and December. See Special Condition A.(2.). There shall be no discharge of floating solids or visible foam in other than trace amounts. • F W A T6-9 "' Michael F.Easley, ve r O aft. Will ry North Caro e e v an Na ura esources Q +-c Coleen H Sullins,Director J A N 2 9iv of Water Quality January 23, 2008 Mr. Jerry T. Wood NC DENR MRO Daniel Stowe Botanical Garden DWQ-Surface Water Protection 6500 South New Hope Road Belmont,NC 28012 Subject: Issuance of NPDES Permit Permit NC0088684 Daniel Stowe Botanical Garden Gaston County Dear Mr. Wood: Division personnel have reviewed and approved your application for 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). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to an adjudicatory hearing upon written request within thirty(30)days following receipt of this letter.This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings(6714 Mail Service Center, Raleigh,North Carolina 27699-6714). Unless such demand is made,this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit,please contact Agyeman Adu-Poku at telephone number(919)733-5083,extension 508. Sincerely, 04+-7,—) p .. Coleen H. Sullins cc: Central Files NPDES File Mooresville Regional Office I Surface Water Protection Aquatic Toxicology Unit N""o�1,Carolina Aaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwaterquality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Permit NC0088684 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE BACKWASH WASTEWATER FROM GREENSAND FILTERATION WATER TREATMENT SYSTEM AND SIMILAR WASTEWATERS 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, the Daniel Jonathan Stowe Conservancy • is hereby authorized to discharge wastewater from a facility located at 6500 South New Hope Road Belmont,North Carolina Gaston County to receiving waters designated as Unnamed Tributary to Catawba Creek in the Catawba 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 March 1, 2008. This permit and authorization to discharge shall expire at midnight on August 31, 2010. Signed this day January 23, 2008. oleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0088684 SUPPLEMENT TO PERMIT COVER SHEET The Daniel Jonathan Stowe Conservancy is hereby authorized to: 1. Discharge backwash wastewater from reverse osmosis (RO) water treatment system, and similar wastewaters from outfall 001. This wastewater system is located at 6500 South New Hope Road, Belmont in Gaston County. 2. Discharge from said outfall at the location specified on the attached map into Unnamed Tributary to Catawba Creek, classified C waters in the Catawba River Basin. +�, ' 1 '• -f''''''F":::),.. 1k 1 li is / r (.: ,? ,I., '; '1 r b . "� \ ' , 1 w ' If. 4, ! ") 1�,1J , J1 / I - ---J ! t. � Yt,, •fh.l '� I I �� •I I � „4 �a1.� ����II rl!!7•J�� � `p:•� � '.�' 11...' 1 rr,' '\ .....,.' •�� i r'. IM �.I,1' . x ,11 / rr .'. •s. ! =`� "` 1� 1 /,v.i re4f yp' . ;.I 1 e 11's' q - /. i _." 1} I t .; 1 -Y �. ,. �� ,1 '` / \ \J,,I \ r r 1,1 II ,, fi,, p'I I 1 ,,, . , - . b� '. "l^I' ; I f `l', �, ''It* f r'•'/7�.t ,141 ���+ ,� ..1,,;,.. ..� -' j /� .. . - v Iv A� ' J,1 I , , • '\--\ ,J I. .:i%2J '1. - .A 1h I..' Ii1i�.( ,- 1 /� 411 ./�+, • !1 i `� + !-`I ••` 1� r .' -- , • kMk.Jtd l I I I I. 1' / 1 _ �:I �Y1 �'i• f JL+•, ,+ \ 1 1 \v{I -A Y , J.,. h /, r . • _ ,I 1 _ 1 ' I` vl 1,. '7a •' f I'�III� .,\ r► A I , .' r / 1 t 9 f l ' "� �, '/ ,''( !jt I , .r 1. 0 - • r I. yr �,n I S b �, 1 ' .—I J•P[ ,` ,..1 ,ir• 111 �" I - I ', • 1• 1�'' . •07', I II - / 7 111. ` ` \ / 1ti f," ;r 1...,:'• \ J ��7� „11 : , ' •� , , c. � � �, ;. � 'fir �lr '� f+ � �� � �\ t I 'r. I.'. n �' c• . d'7J „h f I C t ' f ' ,1 ;kc-\ti ./i � I. �I1,� 1Y :1 /• / ( • l Iif � .fit �Ir f t ;qt — I `7 N. J hh� , / �, 1/ J i • A, l w `I ri' a , I'.' , . . t.. I + _-- -17�''"_ Outfall (001) '_ :�y ' ..i' I 1 ,I oo ll. _ 1 • 't,, I ll I. r , e- a v' ,1� I :' 1I' . 4_ 1 I I A, ,I .( I ... ,. . I b*,4,44..nt — / . , k.. ''' u ( ,i gill ` , I• ,• -,..,,, 7 . -• ! ; I , el, 7.'\ { r+� •'i��,:d trp •'''. i .I - I `,;- ► `'I I t +*``2 \ L ;w, 1 \ 1 -'"(/,'"*.! -- ' ''..r% V••• - '', I • ' r''' .I ir r '• l• ' /I l 1 I r '.'i 1 �`4N ifar •'�t.•+ / r ft i � �\ 'lc' - r ii ., tl • ..,\:::, (. t 117 4� I •rr ; 4+cjyri .l 7 ( fir: 1t' (4,' r i ` . t Y .. a `1. I 2•I .I Jay ), / J',`; I t •'..r,'/ .,/ ,� �.` •' ' ?� I ..' .J rf ' • / � � 1:'', �...Ij .:It':. II r i n'1 'n!/11• /f ! f h. I: ) " •,_I I\ W 1 Iii', / + / 1 ( ?i.,l ���•1, --�•, r ,� ` I 1• .•1 h"f1�' r i * f '' .l'd J i J 11._ .,' lit', • ,;\ J j. - 1, - I ' 1 rF't1ru' y< ( I t '(•„//. I -,' "I r P l ' J 1 \I 1 c7.I '�( I ' ( '' 1` (- ^'� ` ,— 1 11 I A 1/ ,� I � •+��7/ 5lv"r >'t I r,r r�. �.r RI ,) / `�: - , i�i' +� c-�1(1 �r �/�! p t ��� +ti�,. A� NORM 1' A I4 '' i.A1.- I v �,'�: yf' ,.. �"• ,f" I y/ • },'^ •.s,'I •,;1`.h.� � ��(,�NA+.. �_ t tl -'�; Iv •h1- i I ,•• /�t ,I ,' / ',� ��,��'i',� -�,.. • ,41 1 !-_, ( -'.' �'^t "'�s '� IXI�3 A ea ai,/i- _ n.. i 'r(.l. ' v t ., •r' f:rl, atir?,13GtyF a uR fxl a-4-':., �.`! ° " 'F Daniel Stowe Botanical Garden Facility Location , ilSiir Receiving Stream: Catawba Creek Subbasin: 03-08-37 not to scale Drainage Basin: Catawba River Basin Latitude: 35° 10'03" N NPDES Permit No. NC0088684 Longitude: 81°03' 16" W Permitted Flow: 0.0038 MGD North Stream Class: C Grid/Ouad: F 14 SW,Gastonia North Gaston County Permit NC0088684 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (001) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge backwash wastewater from reverse osmosis(RO)water treatment system and similar wastewaters from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Type Sample Average Maximum Frequency Location' Flow 0.0038 MGD Monthly Instantaneous E Temperature Monthly Grab E,U,D Salinity Monthly Grab E,U,D Conductivity Monthly Grab E,U,D Dissolved Oxygen Monthly Grab E,U,D pH2 2/Monthly Grab E,U,D Total Dissolved Solids Monthly Grab E Total Residual Chlorine' 17.0 ug/L 2/Monthly Grab E Total Arsenic Monthly Grab E Total Chloride Monthly Grab E Ammonia Nitrogen Monthly Grab E Total Copper Monthly Grab E Total Fluoride Monthly Grab E Total Iron Monthly Grab E Total Zinc Monthly Grab E Total Nitrogen Quarterly Grab E Total Phosphorus Quarterly Grab E Whole Effluent Toxicity4 Quarterly Grab E Footnotes: 1. Sampling locations:E=Effluent,U=Upstream of discharge location,D=Downstream of discharge location 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The total residual chlorine(TRC)monitoring and limit will become effective on March 1,2008. The TRC is applicable only when chlorination is used. 4. Whole Effluent Toxicity(Ceriodaphnia dubia)at 90%; quarterly during March,June, September and December. See Special Condition A.(2.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NC0088684 A.(2)CHRONIC TOXICITY PERMIT LIMIT(QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised- February 1998) or subsequent versions. The tests will be performed during the months of March, June, September and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure,performed as the first test of any single quarter,results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months, as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-February 1998)or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally,DWQ Form AT-3 (original) is to be sent to the following address: Attention: NC DENR/DWQ/Environmental Sciences Section 1621 Mail Service Center Raleigh,North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,the permittee will complete the information located at the top of the aquatic toxicity(AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream,this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival,minimum control organism reproduction,and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. NPDES Permit Standard Conditions 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. 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 Version 10/10/2007 NPDES Permit Standard Conditions Pagc 2 of 16 ➢ 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 X hours [X = days detention time] over a 24-hour period. Effluent samples shall be collected 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. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) Daily Maximum The highest "daily discharge" for conventional and other non-toxicant parameters. NOTE: Permittees may not submit a "daily average" calculation [for determining compliance with permit limits] for toxicants. See the relevant Federal effluent guideline[s] for the appropriate calculation interval. 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). DWQ 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. Version 10/10/2007 NPDES Permit Standard Conditions Page 3 of 16 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. Quarterly 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. 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,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 Version 10/10/2007 NPDES Permit Standard Conditions Page 4 of 16 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)] d. Any person who knowing' 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)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person.may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 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. [40 CFR 122.41 (a) (3)] 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 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. Version 10/10/2007 • NPDES Permit Standard Conditions Page 5 of 16 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. 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-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]. • Version 10/10/2007 NPDES Permit Standard Conditions Page 6 of 16 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] 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. 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 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) (2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. Version 10/10/2007 NPDES Permit Standard Conditions Page 7 of 16 The ORC of each Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: > Visit the facility at least five days per week,excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system 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 necessan-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)] (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. Version 10/10/2007 NPDES Permit Standard Conditions Page 8 o f 16 (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 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate,through properly signed, contemporaneous operating logs,or other relevant evidence that: (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3)The Permittee submitted notice of the upset as required in Part 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)]: 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. 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 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 the sample represents. All samples shall be taker} 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)]. • Version 10/10/2007 NPDES Permit Standard Conditions Page 9 of 16 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 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 Version 10/10/2007 NPDES Permit Standard Conditions Page 11)of 16 • ➢ copies of all reports required by this permit io 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; 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 [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). 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)]. Version 10/10/2007 NPDES Permit Standard Conditions Page 11of16 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring 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. 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 (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 122.41 (1) (8)]. • 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors,etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. • Version 10/10/2007 NPDES Permit Standard Conditions Page 12 of 16 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(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 $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 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"; Version 10/10/2007 NPDES Permit Standard Conditions Page 13 of 16 (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. 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 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 MUNICIPAL FACILITIES Section A. Publicly Owned Treatment Works(POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0,unless the works is specifically designed to accommodate such Discharges; c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division,upon request of the POTW,approves alternate temperature limits; Version 10/10/2007 NPDES Permit Standard Conditions Page 14 of 16 f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants,except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the 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 122.44]. The Permittee shall develop,in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Version 10/10/2007 1 NPDES Permit Standard Conditions Page 15 of 16 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. 6. Authorization to Construct (AtC) 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. 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. 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; 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. 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 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 Version 10/10/2007 r,. . _ . _ -. _. _ .. • NPDES Permit Standard Conditions Page 16 of 16 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative 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 (IDSF) 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 NCAC 2H .0114 and 15A NCAC 2H.0907. Version 10/10/2007 A SOC PRIORITY PROJECT: No To: NPDES Unit Water Quality Section Attention: Agyeman Adu-Poku Date: September 10, 2007 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No.: NC0088684 PART I - GENERAL INFORMATION 1. Facility and address: Daniel Stowe Botanical Garden 6500 South New Hope Road Belmont,NC 28012 2. Date of investigation: September 6, 2007 3. Report prepared by: Michael L. Parker, Environmental Engineer II 4. Person contacted and telephone number: Jerry Wood, (704) 825-4490, ext. 1254 5. Directions to site: The entrance to the Daniel Stowe Botanical Gardens is located on Highway 279 (South New Hope Road) %2 mile north of the junction of Hwy. 279 and Hwy. 273 (Armstrong Road) in southern Gaston County. 6. Discharge point(s), list for all discharge points: - Latitude: 35° 09' 34" Longitude: 80° 03' 06" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G14NE 7. Site size and expansion area consistent with application: Yes. There is ample area for the construction of treatment facilities, if necessary. 8. Topography(relationship to flood plain included): The site is gently rolling (2 - 6% slopes). The site is well removed from any flood plain. 9. Location of nearest dwelling: Approx. 1000+ feet from the site. Page Two 10. Receiving stream or affected surface waters: UT to Catawba Creek(Lake Wylie) a. Classification: WS-IV b. River Basin and Subbasin No.: Catawba 030837 c. Describe receiving stream features and pertinent downstream uses: The receiving stream is a dry ditch at the point of discharge, and appears to be dominated by storm water flow during periods of wet-weather. There are no other downstream dischargers known. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater: 0.0038 MGD (Design Capacity) b. What is the current permitted capacity: N/A(new permit) c. Actual treatment capacity of current facility (current design capacity): There are no existing WWT facilities. d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: There have been no ATCs issued to this facility in the past two years. e. Description of existing or substantially constructed WWT facilities: There are no existing WWT facilities. f. Description of proposed WWT facilities: The applicant does not plan to construct WWT facilities at this time, however the wastewater is generated from a reverse osmosis water treatment system that includes the use of a water softener. g. Possible toxic impacts to surface waters: There are no toxic impacts expected from the proposed discharge, however, the wastewater is expected to be high in minerals. 2. Residual handling and utilization/disposal scheme: Residuals generation is not expected. 3. Treatment plant classification: This facility does not meet the minimum criteria for a Class I rating. 4. SIC Code(s): 8422 Wastewater Code(s): 22 MTU Code(s): 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved(municipals only)? No public monies were used in the construction of this facility. 2. Special monitoring or limitations (including toxicity) requests: None at this time. Page Three 3. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative analysis evaluation a. Spray Irrigation: There is ample area for the construction of a spray irrigation system, however, the applicant has chosen to discharge the wastewater due to the low volume and pollutant levels. b. Connect to regional sewer system: None presently available to the site. c. Subsurface: This option would appear to be available to the applicant given the large amount of available area. d. Other disposal options: None that we are aware. PART IV-EVALUATION AND RECOMMENDATIONS The applicant proposes to discharge up to 3800 gpd of wastewater from a reverse osmosis GW treatment system used to produce water for plant irrigation and a high pressure misting system. The only constituents expected to be found in the wastewater are mineral deposits removed from the GW. Pending a final technical review by the NPDES Unit, it is recommended that a permit be issued as requested. -7 C Signature of Re ort Preparer Date 9.b,/e7 Water Quality Regional Supervisor Date h:\dsr\dsr07\dstowe.dsr ! „ •.•-›-- ,., --,--------_,\.\ I, `)1,,W s--- •- 1,y/zi.)-•,..\\ ••,-._---.- ',,,: t .•••. ',,),..•‘-., ......._'6-36//,-.•.,--/ )/ 1,,, \\\$-----_. ', ,'"c4:5,-.'---_--%•".--1-.2 ..,7,'„•:.:1L---...,: •"•:.-: •-•z- -// -7.-. 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'rl un% I}i-ctor MOOREVI RECEIVED .Y. ..LI Al. August 15, 2007 'Tilt; Mr.Jerry Wood 1 Daniel Jonathan Stowe Conservancy � QUALITY 6500 South New Hope Road Belmont, NC 28012 Subject: Receipt of Permit Application NPDES Permit NC0088684 Daniel Stowe Botanical Garden Gaston County Dear Mr. Wood: The NPDES Program received the permit application for discharge of wastewater from the Daniel Stowe Botanical Garden on July 27, 2007. Mr. Agyeman Adu-Poku of the NPDES Program will review your application. He will contact you if additional information is required to complete the permit application. If you have any questions concerning application for your permit, please contact him at (919) 733- 5083, extension 508. Sincerely, ...?...,e, L urie Singleton NPDES Program cc: CENTRAL FILES EMIVZilkR nQ giffine4Surface-Water-Protects n NPDES Unit Noe,Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 Phone(919)733-7015 Customer Service Internet: www.ncwateruuality.org Location: 512 N.Salisbury St. Raleigh,NC 27604 Fax (919)733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 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 NPDES Permit Number NC000$6 84- 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 Daniel Jonathan Stowe Conservancy Facility Name Daniel Stowe Botanical Garden Mailing Address 6500 South New Hope Road City Belmont State / Zip Code N.C. 28012 Telephone Number (704-825-4490 ext 1254) Fax Number (704-829-1243) e-mail Address wood@dsbg.org 2. Location of facility producing discharge: Check here if same as above CE Street Address or State Road City State / Zip Code County 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 N/A Mailing Address City State / Zip Code Telephone Number ( ) Fax Number ( ) 4. Ownership Status: Federal ❑ State 0 Private ® Public ❑ Page 1 of 3 C-WTP 03/05 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 5. Type of treatment plant: ❑ Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ❑ Green Sand Filter (No sodium recharge) ® Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener IZI 6. Description of source water(s) (i.e. groundwater, surface water) Well Water 7. Describe the treatment process(es) for the raw water: Water passes through a water softner and then is treated by a RO system. at which time this water is then used to water plants and operate a high preasure misting system inside of a conservatory 8. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: The discharge water would have calcium deposits present. 9. Number of separate discharge points: 1 Outfall Identification number(s) 10. Frequency of discharge: Continuous ❑ Intermittent El If intermittent: Days per week discharge occurs: 7 Duration: 12.0 hours 11. Plant design potable flowrate 3800 gallons per day MGD Backwash or reject flow 3800 gallons per day max MGD 12. Name of receiving stream(s) (Provide a map showing the exact location of each outfall, including latitude and longitudes none Page 2 of 3 C-WTP 03/05 • NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 13. Please list all water treatment additives, including cleaning chemicals or disinfection treatments, that have the potential to be discharged. N/A 14. Is this facility located on Indian country? (check one) Yes ❑ No 15. Additional Information: • Provide a schematic of flow through the facility, include flow volumes at all points in the treatment process, and point of addition of chemicals. • Solids Handling Plan 16. NEW Applicants Information needed in addition to items 1-15: > New applicants must contact a permit coordinator with the NCDENR Customer Service Center. Was the Customer Service Center contacted? ® Yes ❑ No • Analyses of source water collected • Engineering Alternative Analysis • Discharges from Ion Exchange and Reverse Osmosis plants shall be evaluated using a water quality model. 17. 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. Jerry T. Wood Facilites Manager Print e of Person Sig ng Title J. 7a3-07 ign fur f Applicant Date No th 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 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 3 of 3 C-WTP 03/05 . . .. • . . a_jaci Daniel Stowe Botanical Garden July 19,2007 A Garden for all Seasons! Mrs.Teresa Rodriguez North Carolina Division of Water Quality/NPDES Unit 512 N. Salisbury St. Raleigh,North Carolina 27604 RE: Daniel Stowe Botanical Garden—Reverse Osmosis System,Return No.2253,Gaston County SUBJECT: Engineering Alternatives Analysis Dear Mrs.Rodriguez: Using the Division of Water Quality's Engineering Alternatives Analysis(EAA)Guidance Document it has been concluded that a direct discharge to surface water is the most environmentally sound,cost-effective alternative for removal of the reverse osmosis wastewater created at Daniel Stowe Botanical Garden's Orchid Conservatory. A reverse osmosis(RO) water purification system is being installed as part of the construction of an Orchid Conservatory at Daniel Stowe Botanical Garden. The conservatory is approximately 8,000 SF, with a 1,600 SF support building attached. The RO system is used to purify water used to hand-water plants inside the conservatory, as well as supply water for the high pressure misting system overhead,used to provide additional moisture to the air within the conservatory. Non-municipal flow projections based on peak use from the misting and hand-watering operations are 3,800 GPD,creating a reject flow of 3,800 GPD. An evaluation of the technologically feasible alternatives included: connecting to existing wastewater treatment system,wastewater reuse methods,and direct discharge to surface waters. The existing wastewater treatment system is a private septic system on Daniel Stowe Botanical Garden property and is designed for 5,000 GPD. The addition of 3,800 GPD would overwhelm this system,making this alternative infeasible. The reuse of the wastewater as irrigation is also not feasible as the garden already has an extensive irrigation system used for watering its wide variety of plants,including many non-indigenous plants,which would react poorly the RO wastewater. This leaves the direct discharge to surface waters as the only technologically feasible alternatives. This RO system is simply treating potable well water pumped from a well on Daniel Stowe Botanical Garden property to the RO system in order to create purified water which will work in the high-pressure misting system without creating calcium deposits on the high-pressure nozzles,which would lead to maintenance issues and system failure. This wastewater will not have any oxygen-consuming waste. The system requires 2 gallons of water to create 1 purified gallon. Based on the potential restrictions to a wastewater discharge to surface water listed in the EAA Guidance Document,we have determined that this reverse osmosis wastewater discharge will be allowed. Sincerely, eatz...(2 e ood 6500 S.New Hope Rd. Belmont,NC 28012 704.825.4490 Helianthus schtteinitzii 704.829.1240(fax) Federally endangered species protected at the Garden t Recycled Paper www.DSBG.org yL¢t, vuLput Page 1 of 1 Print Seale 1:1991 nr t"=15fi' 1{'1 a _--_ — • wF �[ {. d r. . s... .. is `�, M 777�II� Its_ _ '- } y- plc+Y, �; t., r',. .._.mil _ - x:�4 ,p •a / LL ? o �i l:S - , t Y4r ;-:?" ,sue z..' .M , �Gt e • xs . �.f * ;x xr' icy'; «y"+t++ . A _r�" cJyT''., R I n • 3 ti y ` • 43)w � * w in _ 4. k j suc"? y ', ,i y ,r, • 4 a. .4 > • Xsi .../ . ,...,,,e , ' ' g . . .. ... .,,.....„ • • r-t,, 4"." •sdaimer:The Information provided Is not to be considered as a Legal Document or Description.The Map and Parcel Data Is believed to be accurate,but I Gaston County does not guarantee the accuracy of this Inlormatlon. /.')// .77...-- 5'7 <AVL-___ M 121/Z---- e4/CS'e/e---07-*7 fi/5/2007 htt.n://egov 1.co.gaston.nc.ns/wehsite/ParcelflataSite/ManFrame.htm • _, K & W Laboratories 16 �' 9331-B A.ibernarle Road 4/1k Charlotte,North Carolina 28227 Tel (704) 569-1800 Fax (704)569-0055 Date: April 05, 2007 Client: Daniel Stowe Botanical Gardens 6500 S New Hope Rd. Belmont, NC 28012 Re: Summarized Report for New Well inorganics ContaminantResult(mg/I) Turbidity 0,97 Arsenic <0.005 Barium <0.4 Cadmium <0.001 Calcium 17 Chloride 5 . Copper <0.003 Cyanide <0,04 Flouride <0.1 Iron <0.06 Lead <0.005 Magnesium 2.37 Manganese 0.018 Mercury 0.0004 Nickel <0.1 Nitrate <1 • Nitrite <0.05 Selenium <0.01 Silver <0.05 Sodium 6.05 Sulfate I <5 Acidity 3.78 Antimo_y <0.003 Beryllium <0.002 Thallium <0.001 Zinc <1.0 Color <5 Total Hardness 46 pH 6.68 Alkalinity 5:3 • Total Dissolved Solids 226 •