HomeMy WebLinkAboutNC0072664_Regional Office Historical File Pre 2018 (186)State of North Carolina
r)epartment of Environment,'
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor '
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
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N.C. DEPT. OF
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eg NATURAL RESOURC` S
September 26, 1994 SEP 28 199d
Mr. W. H. Little, Jr. DIVISIOtl OF EttVIRGEIESEt�iAl tf;�SFIAGEi�Ett1
Shuford Mills, Inc. h1GGRESViLLE REGIGiIAL OFFICE
P. O. Box 1530
Hickory, NC 28603
Subject: Permit No. NCO072664
Shuford Mills, Inc.
Alexander County
Dear Mr. Little:
In accordance with your application for discharge permit received on July 17, 1992, we
are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to
the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of
Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have ,the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the ,form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North
Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding.
Please take notice this permit is not transferable. Part II, E.4. addresses the requirements
to be followed in case of change in ownership or control of this discharge.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division .of Environmental Management or permits required by the Division of
Land Resources, Coastal Area Management Act or any other Federal or Local governmental
permit that may be required.
If you have any questions concerning this permit, please contact Susan Robson at
telephone number 919/733-5083.
Sincerely,
Original Signed By
®avid A Goodrich
A. Preston Howard, Jr
cc: Mr. Jim Patrick, EPA
oores-_ville-Regional�OffiCe
P.O. Box 29536, Raleigh, Nonh Carolina 27626-0535 Telephone 919-733-7015 rAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Permit No. NCO072664
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOUW N.C. DEPT. OF
NATU
DIVISION OF ENVIRONMENTAL MANAGEMENT,
PERMIT ; SEP 2,9 199A
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEA VISION OF E?IVIROf11fEMTAL IfANAGEI,?Ertl
A}OORESVILLE REGIONAL OFFICE
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Shuford Mills, Inc.
is hereby authorized to discharge wastewater from a facility located at
Stony Poin`t"Facility
NC Highway 90
Stony Point
Alexander County
to receiving waters designated -as Third Creek in the -Yadkin -Pee Dee River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, H, and III hereof.
This permit shall become effective November 1, 1994
This.permit and the authorization to discharge shall expire at midnighton July 31, 1999
Signed this day September 26, 1994
Original Signed BY
David A. Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. NCO072664
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
l
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,
Shuford Mills, Inc.
is hereby authorized to discharge wastewater from a facility located at
Stony Point Facility
NC Highway 90
Stony Point
Alexander County
to receiving waters designated as Third Creek in the Yadkin -Pee Dee River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof. _
This permit shall become effective _
This permit and the authorization to discharge shall expire at midnight on July 31, 1999
Signed this day 11
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission"
Permit No. NC0072664
SUPPLEMENT TO PERMIT COVER SHEET
Shuford Mills, Inc.
is hereby authorized to:
1. Continue to operate a 0.010 extended aeration wastewater treatment plant consisting of an
aeration tank, clarifier, sludge holding tank, and a chlorination unit located at Stony Point
Facility, NC Highway 90, Stony Point, Alexander County (See Part III of this Permit), and
2. Discharge from said treatment works at the location specified on the- attached map into Third
Creek which is classified Class C. waters in the -Yadkin -Pee Dee River Basin.
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A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO072664
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics
Flow
BOD, 5 day, 200C
Total Suspended Residue
NH3 as N
Dissolved Oxygen**
Fecal Coiiform (geometric mean)
Total Residual Chlorine
Temperature
Conductivity
Discharge Limitations
Monthly Avg_ Weekly Avg.
0.010 MGD
30.0 mg/I
30.0 mg/I
200.0 /100 ml
__Monitoring
Requirements
Measurement
Sample
*Sample
Daily Max
Frequency
Type
Location
Weekly
Instantaneous
I or E
45.0 mg/I
Weekly
Grab
E --
45.0 mg/I
Weekly
Grab
E
Weekly
Grab
E
Weekly
Grab
E, U, D
400.0 /100 ml
Weekly
Grab
E, U, D
Daily
Grab
E
Weekly
Grab
E, U, D
Weekly
Grab
U, D
* Sample locations: E - Effluent, I - Influent, U - Upstreamof-thedischarge point, D - Downstream approximately 1.6 miles below discharge
** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be in, 2/month at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
1
Part H
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
The Director of the Division of Environmental Management.
Means the Division of Environmental Management, Department of Environment, Health and
Natural Resources.
�u
Used herein means the North Carolina Environmental Management Commission.
no Timm immirm
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33
USC 1251, etseq.
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are sampled
and measured, divided by the number of daily discharges sampled and/or measured during
such month. It is therefore, an arithmetic mean found by adding the weights of the
pollutant found each day of the month and then dividing this sum by the number of days
the tests were reported: The limitation is identified as "Monthly Average" in Part I of the
permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges
are sampled and measured, divided by the number of daily discharges sampled and/or
measured during such week. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the week and then dividing this sum by the
number of days the tests were reported. This limitation is identified as "Weekly Average"
in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during
a calendar day. If only one sample is taken during.any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum, in Part I of the permit.
d. The average annual discharge is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found
each day of the year and then dividing this sum by the number of days the tests were
reported This limitation is defined as "Annual Average" in Part I of the permit.
Part II
Page 2 of 14
M .7, 71V7- •r, u
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar month
on which daily discharges are sampled and. measured, divided by the number of daily
discharges sampled and/or measured during such month (arithmetic mean .of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average monthly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in
Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of
the daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted by
flow value) of all the samples collected during that calendar day. The average weekly count
for fecal coliform bacteria is the geometric mean of the counts for samples collected during
a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during a
calendar day. If only one sample is taken during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily
discharges sampled and/or measured during such year (arithmetic mean of the daily
concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day . The average yearly count for
fecal coliform bacteria is the geometric mean of the counts for samples collected during a
calendar year. This limitation is identified as "Annual Average" under "Other Limits" in
Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount
of dissolved oxygen required to be available in the effluent prior to discharge averaged
over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the
sample is considered to be the "daily average concentration" for the discharge. It is
identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
Part II
Page 3 of 14
a. -Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
-averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded
during the calendar month.
b. An "instantaneous flow measurement is a measure of flow taken at the time of sampling,
when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility. Flow
shall be monitored continually except for the infrequent tunes when them may be no flow
or for infrequent maintenance activities on the flow device.
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the
sampling point. 'Flow measurement between sample intervals shall be determined by
use of a flow recorder and totalizer, and the present gallon interval between sample
collection fixed at no greater than 1/24 of the expected total daily flow at the treatment
system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of
flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time
of greater than 24 hours. In such cases, effluent grab samples may be collected at time
intervals evenly spaced over the 24 hour period which are equal in number of hours to the
detention time of the system in number of days. However, in no case may the time interval
between effluent grab samples be greater than six (6) hours nor the number of samples less
than four (4) during a 24 hour sampling period.
b. Grab. Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of
the individual values where N is equal to the number of individual values. The geometric
mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual
values. For purposes of calculating the geometric mean, values of zero (0) shall be
considered to be one (1).
Part II
Page 4 of 14
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
,T.
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
tw f MIM •
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
61 V ma offeJoaa mom 0rr•.
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation -and reissuance, or modification; or denial of a permit renewal
application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the.Clean Water Act within the
time provided in the regulations that establish these standards or prohibitions or standards
for sewage sludge use or disposal, even if the permit has not yet been modified to
incorporate the requirement.
b., The Clean Water Act provides that any person who violates a permit condition is subject to
a civil penalty not to exceed $25,000 per day for each violation. Any. person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of $5,000
to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,
any person who violates a permit condition may be assessed an administrative penalty not
to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref:
Section 309 of the Federal Act 33 U.S.C. 13.19 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance with
the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes
§ 143-215.6A]
d. Any -person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or
limitation implementing any of such sections in a permit issued under section 402 of the
Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation,
with the maximum amount of any Class I penalty assessed not to exceed $25,000.
Part II
Page 5 of 14
Penalties for Class 11 violations are not to exceed $10,000 per day for each day during
which the violation continues, with the maximum amount of any Class II penalty not ,to
exceed $ 125,000.
The permittee shall take all reasonable sups to minimize or prevent any discharge or sludge use
or disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
i 1. 0/ n M1.
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may
be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321.
Furthermore, the permittee is responsible for consequential damages, such as fish kills, even
though the responsibility for effective compliance may be temporarily suspended.
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or any
invasion of personal rights, nor any infringement of Federal, State or local laws or regulations.
• 1.1 . O �•r •1 �■ 1.1
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.
ar• .
The provisions of this permit are severable; and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.
1i6 •rari �1J11 1�1
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit or to determine compliance
with this permit. The permittee shall also furnish to the Permit Issuing Authority upon
request, copies of records required to be kept by this permit.
Part H
Page 6 of 14
If the permittee wishes to continue an activity regulated by this permit after the expiration date
of this permit, the permittee must apply for and obtain a new permit.
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later
than 180 days prior to the expiration date. Any permittee that has not requested renewal at least
180 days prior to expiration, or any permittee that does not have a permit after the expiration
and has not requested renewal at least 180 days prior to. expiration; will subject the permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
p) For a corporation: by a responsible corporate officer. For the purpose of this Section,
a responsible corporate officer means: (a) a president; secretary, treasurer or vice
president of the corporation in charge of a principal business. function, or any other
person who performs similar policy or decision making functions for the corporation,
or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents
has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information .requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for
the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for
environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority.
Part II
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for
knowing violations."
iva 1111 • • 1
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 missuance, or termination,
or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.
' 111 U•.•-1.••l Z •. .••1 .J• 1 • •11 1.••�
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as. allowed
by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts
122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and
North Carolina General Statute 143-215.1 et. al.
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to operate the
facility under previously issued permits bearing this number is no longer effective. ] The
conditions, requirements, terms, and provisions of this permit authorizing discharge under the
National Pollutant Discharge Elimination System govern discharges from this facility.
•M. . !�. •
Pursuant to Chapter 9OA-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment,plant operator in responsible charge (ORC) of thewastewater treatment facilities..
Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the wastewater treatment facilities by the Certification Commission.
The permittee must also employ a certified back-up operator of the appropriate type and any
grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility
must visiveach Class I facility at least weekly and each Class H, M, and IV facility at least
daily, excluding weekends and holidays, and must properly manage and document daily
operation and maintenance of the facility and must comply with all other conditions of Title
15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the
Certification Commission which designates the operator in responsible charge within thirty
days after the wastewater treatment facilities are 50% complete.
Part II
Page 8 of 14
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or similar systems which are
installed by a permittee only when the operation is necessary to achieve compliance with the
conditions of the permit.
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed, or established or
operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to
the treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected,to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c . Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
Part II
Page 9 of 14
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve'an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it will meet .the three
conditions listed above in Paragraph d. (1) of this section.
5.. UDR Sets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper
operation.
b. Effect of an upset.
An upset constitutes -'an affirmative defense to an action brought for noncompliance with
such technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset,. and before an action for noncompliance, is final
administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as. required in Part 11, E. 6. (b) (B) of this
permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset
has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in
a manner such as to prevent any pollutant from such materials from entering waters of -the State
or navigable waters of. the United States. The-permittee shall comply with all existing federal
Part II
Page 10 of 14
regulations governing the disposal of sewage sludge. Upon promulgation_ of 40 CFR Part 503,
any permit'issued by the Permit Issuing Authority for the ud-lization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40
CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the
Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the
regulation, even if the permit is not modified to incorporate the requirement. The permittee
shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal
practices.
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points, specified in
this permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
PM
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2,
3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period
The first DMR is due on the last day of the month following the issuance of the permit or in the
case of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements of
the volume of monitored discharges. The devices shall be installed, calibrated and maintained
to ensure that the accuracy of the measurements are consistent with the accepted capability of
that typeof device. Devices selected shall be capable of measuring flows with a maximum
deviation of less than + 10% from the true discharge rates throughout the range of expected
Part II
Page 11 of 14
discharge volumes. Once -through condenser cooling water flow which is monitored by pump
logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's
pump curves shall not be subject to this requirement.
UPMi:.... • •
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to
regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water
Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or
disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless
other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and
all data generated must be reported down to the minimum detection or lower reporting level of
the procedure. If no approved methods are determined capable of achieving minimum
detection and reporting levels below permit discharge requirements, then the most sensitive
(method with the lowest possible detection and reporting level) approved method must be used.
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.
.I,.• M.
Except for records of monitoring information required by this permit related to the perminee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the perm[ittee shall retain records `of all
monitoring information, including all calibration and maintenance records and all original strip
chart recordings for continuous monitoring instrumentation, copies of all reports required by
this permit, for a period of at least 3 years from the date of the sample, measurement, report
or application. This period may be extended by request of the Director at any time.
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Part Il
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and
other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or
as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit .
2. Planned Chaa=
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither'to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42
(a) M.
c. The alteration or addition results in a significant change .in the permittee's sludge use or
disposal practices, and such alternation, addition or change may justify the application of
permit conditions that are different from or absent in the existing permit, including'
notification of additional use or disposal sites not reported during the permit application
process or not reported pursuant to an approved land application plan.
3. Antici2ated Noncompliance,
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
Part II
Page 13 of 14
This permit is not transferable to any person except after notice to the Director. The Director
may require modification or revocation and reissuance of the permittee and incorporate such
other requirements as may be necessary under the Clean Water Act.
U am, U/ 1 .4 X •,GT2
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H.
D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of
sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using
test procedures specified in Part H, D. 4. of this permit or in the case of sludge 'use or
disposal, approved under 40 CFR 503, or as specified in this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours . from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including
exact dates and times, and if the noncompliance has no been corrected, the anticipated time
it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which'exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
The permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6.
of this permit at the time monitoring reports are. submitted. The reports shall contain the
information listed in Part II. E. 6. of this permit.
Part II
Page 14 of 14
sJJm i
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.
� \•1 GJ11. 17.e. ...
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 firstknowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution, control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a sludge digester, the known passage of a slug of hazardous
substance through the facility; or any other unusual, circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable,of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within 5 days following first knowledge of the occurrence.
1 . ► • . em
Except for data determined to be confidential under NCGS,143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management. As
required -by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as. provided
for in NCGS 143-215.1(b)(2) or. in Section 309 of the Federal Act.
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than -two years per violation, or by both.
PART III
OTHER REQUIREMENTS
A. Roq iu rements for Control of Pollutants Attributable to Industrial Usors.
Effluent limitations are listed in Part I of this. permit. Other pollutants attributable to inputs
from industries using the municipal system may 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 ATSM
standards D-93-79, D-93-80,-or D-3278 (incorporated by reference, see 40 CFR
260.11). This prohibition does not apply to any aqueous solution containing less than
24 percent alcohol by volume which would otherwise be a hazardous waste under 40
CFR 261.21 by virtue of having a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees centigrade;
b. Wastes which will cause corrosive structural damage to treatment works, and in no
discharges with pH less than 5.0 standard units unless the system is specifically
designed to accommodate such discharges;
c. Solid or viscous -substances in amounts which cause obstructions to the flow in sewers
or interference with the proper operation of the treatment works; _
d. Wastewaters at a flow rate and/or pollutant concentration which will cause an
inhibition or disruption of the POTW, its treatment processes, operation, or sludge
use and. disposal;
e. Heat in amounts which will inhibit biological activity in the treatment works, resulting
in interference but in no case heat in such quantities that the temperature at the treatment
works influent exceeds 40°C (104°F) unless the works are designed to
accommodate such heat;
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 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.
Part III
4. The permittee shall require any industrial discharges. into 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'15 NCAC 2H
.0907(a) or modify an existing Pretreatment Program per 15 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.
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental. Management
and written approval and Authorization to Construct has been issued.
C. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
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 into that
POTW by a source introducing pollutants into the 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. .
Part III Permit No. NCO072664
E. Within 60 days of issuance of this NPDES permit, the permittee is required to: submit plans for
properly disposing of the sludge generated at the wastewater treatment plant.
0
•
PART IV
ANNUAL ADMINISTER qG AND COMPLLANCE MONTTORING FEE REQUIREMENT'S
A. The permit= must pay the annual administering and compliance monitoring fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.
i"