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HomeMy WebLinkAboutNC0067644_Regional Office Historical File Pre 2018 (3)To: Western NPDES Unit Surface Water Protection Section Attention: Jackie Nowell SOC Priority Project: No Date: July 24, 2008 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0067644 PART I - GENERAL INFORMATION Facility and address: Rocky River Run Subdivision Sam Malone and Associates Post Office Box 1.1.39 Matthews, North Carolina 28106 2. Date of investigation: N/A Report prepared by: Michael L. Parker, Environmental Engineer 11 4. Persons contacted and telephone number: N/A Directions to site: From the intersection of NC Ilwy 24-27 and SR 2810 (Rocky River Church Road) travel north on SR 2810 approximately 1.1 miles. Turn right onto Marlstone Lane. The proposed subdivision is located at the end of Marls one Lane. 6. Discharge point(s), last for all discharge points: Latitude: 35° 14' 29" Longitude: 80° 37' 13" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: G16NE U.S.G.S. Quad. Name: Midland, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to flood plain included): Moderately sloping; the proposed WWTP site appears to be located just above the 100 year flood plain. Location of nearest dwelling: None within 500 feet at the present time; however, several building lots are located approximately 300 feet from the proposed WWTP site. Page Two 10. Receiving stream or affected surface waters: Caldwell Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin - Pee Dee, 030711 c. Describe receiving stream features and pertinent downstream uses: Small, headwaters creek with rocky bottom. MRO files contained discrepancies in estimated stream flow (USGS flow data from a December 1991 report indicate a 7Q10 of 0.3 cfs and a 30Q2 of 0.5 cfs; however, a WLA prepared in April of 1991 indicates that both the 7Q10 and 30Q2 flow are 0 cfs). See Part IV .for more discussion on this matter. General "C" classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.020 MGD (ultimate design capacity) b. Current permitted capacity of the wastewater treatment facility: 0.020 MGD c. Actual treatment capacity of the current facility (current design capacity): Facility is not yet built. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: The ATC for this facility was issued on June 30, 1994 and subsequently amended on April 12, 2004 to include various alternative analysis's. e. Please provide a description of existing or substantially constructed wastewater treatment facilities: There are no existing WWT facilities nor are any proposed at this time. f. Please provide a description of proposed wastewater treatment facilities: Proposed WWT facilities consist of influent flow equalization, an extended aeration package type WWTP, tertiary filters, chlorine disinfection, dechlorinat.ion, and diffused post aeration. The extended aeration package type WWTP includes an aeration basin (diffused air), clarifier, and aerated sludge holding basin (diffused air). g. Possible toxic impacts to surface waters: Chlorine is proposed for disinfection, however, dechlorination will be provided. h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a residuals handling and disposal scheme has not as yet been provided to the Division. Treatment plant classification: Class II (based on approved WWT units). 4. SIC Code(s): 4952 Wastewater Code(s) 05 Main Treatment Unit Code: 06107 PIPIPPrrrage Three PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? Public monies will not be involved in the construction of this WW facility. 2. Special monitoring or lit itations (including toxicity) requests: None at this time. 3. Important SOC, JOC or Compliance Schedule dates (Please indicate): N/A 4. Alternative Analysis Evaluation: Special conditions included in the current permit require the permittee to evaluate various alternative prior to the construction of a WWT facility. These conditions include: a) The requirement to conduct a 10-flo stream study to verify the accuracy of the 30Q2 estimate for the receiving stream. b) Conduct an evaluation of each individual lot in this proposed development for the installation of a sub -surface disposal system prior to the construction of a WWT system and submit this evaluation to the Division. c) Conduct an evaluation of the potential for a connection to a regional sewer system. PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Sam Malone and Associates, has applied for permit renewal for the proposed Rocky River Run Subdivision WWTP. Although an AT(' has been issued for this facility, construction has not begun on either the subdivision or the WWTP at this time. As a result of the discrepancies in the estimated stream flow data (see Part I, 10(c)), it was decided to reissue this permit in 2004 based on the December 1991 USGS data which indicated a positive 7Q10/30Q2. The Division has also attempted to address concerns received from local politicians and area residents about the low receiving stream flow by placing a condition in the existing permit that requires the permittee to perform a low -flow stream study prior to the construction of any WWT facilities (Condition A(2).). The current requirement is that the study would have to be submitted and approved by the Division before it is implemented, and be consistent with current USES flow monitoring procedures. If the results of the study indicates that the 30Q2 estimate is found to be 0.0 cfs, then no new discharge of oxygen consuming wastes would be allowed. It is the recommendation of this Office that this matter be addressed immediately so that a determination can be made as to whether positive stream flow exists at this location. This Office recommends that the renewed permit be conditioned to require the low -flow stream study be performed within 18-months of permit reissuance, and if the results of the low -flow study reveals the 30Q2 to be 0.0 cfs then the permit would be revoked per current Division policy. NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD Mail the complete application to: N. C. DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCOOL74 eft/ If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name Facility Name Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address SZ.,wH e t gp,e, g ©. FOX 1Wcws 9900 pgl7Z-6 (7©1 cf7 - s'/e8' MATE 5 /ftq ,r' 2. Location of facility producing discharge: Check here if same address as above Q Street Address or State Road City State / Zip Code County fir S ©G/4 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address City State / Zip Code Telephone Number Fax Number 1 of 3 Form-D 05/08 NPDES APPLICATION FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 4. Description of wastewater: Facility Generating Wastewater(check all that apply): Industrial ❑ Number of Employees Commercial 0 Number of Employees Residential t Number of Homes School 0 Number of Students/Staff Other 0 Explain: Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers, restaurants, etc.): Population served: 5. Type of collection system [Separate (sanitary sewer only) ❑ Combined (storm sewer and 6. Outfall Information: Number of separate discharge points Outfall Identification number(s) Is the outfall equipped with a diffuser? © Yes 0 No ewe 7. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): 8. Frequency of Discharge: [ ' Continuous 0 Intermittent If intermittent: Days per week discharge occurs: Duration: 9. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 2 of 3 Form-© 05/08 NPDES APPLICATION - FORM D For privately owned treatment systems treating 100% domestic wastewaters <1.0 MGD 10. Flow Information: Treatment Plant Design flow MGD Annual Average daily flow MGD (for the previous 3 years Maximum daily flow MGD (for the previous 3 years) 11. Is this facility located on Indian country? Q Yes [ ' No 12. Effluent Data Provide data for the parameters Iisted. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported, report daily maximum and monthly average. If only one analysis is reported, report as daily maximum. Parameter Daily Maximum Monthly Average Units of Measurement Biochemical Oxygen Demand (BOD5) Fecal Coliform Total Suspended Solids Temperature (Summer) Temperature (Winter) pH 13. List all permits, construction approvals and/or applications: Type Permit Number Type Permit Number Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) NPDES PSD (CAA) Non -attainment program (CAA) 14. APPLICANT CERTIFICATION Ocean Dumping (MPRSA) Dredge or fill (Section 404 or CWAI Other I certify that I am familiar with the information contained in the applicati best of my knowledge and belief such information is true, complete, and acc ".r /61©.1 Printed name of Person Signing Sina"ure of Applicant ©cA'iv- e Title 6 Date North Carolina General Statute 143-215.6 (b)(2) states: 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.) 3 of 3 Form-D 05/08 Michael F. Easley, Governor WitSiam G. Ross, Jr„Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen Sullins, Deputy Director Division of Water Quality DIVISION OF WATER QUALITY June 22, 2004 Mr. Samuel P. Malone, Jr., PLS P.O. Box 1139 Matthews, North Carolina 28106 Subject: NPDES Permit No. NC0067644 Rocky River Run S/D WWTP Mecklenburg County, NC Dear Mr. Malone: Our records indicate that NPDES Permit No. NC0067644 was issued on June 9, 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth, The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. Li NDENR Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1 877-623-6748 FAX (704) 663-6040 The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Perrnittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25.000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terrns and conditions of the Pennit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Since 65182--&— till D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure AANPDESLTR.WQ Mr. Samuel P. Malone, Jr., PLS P.O. Box 1139 Matthews, North Carolina 28106 Dear Mr. Malone: Michael F. Easley, Governor State of North Carolina William G. Ross, Jr,, Secretary Department of Environment andt Dunes NNCD PT. 0 '° ENV, :tON f: r AND q1pirector isC�t)PF DivisioNelfirality June 9, 2004 JUN 1 7 2004 WA El Subject: NPDES Permit Issuance Rocky River Run Subdivision WWTP NPDES Permit No. NC0067644 Mecklenburg County Attached to this letter is the final NPDES permit for the Rocky River Run Subdivision wastewater treatment discharge, NPDES Permit No. NC0067644. This penult is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994. There have been no significant changes to this permit from the draft permit dated April 14, 2004. As stated in the draft permit, Conditions A.(2.), A.(5.), and A.(6.) must be completed prior to construction of the facility. 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, Mail Service Center 6714, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other per,uits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions regarding the NPDES permit, please contact Susan Wilson at (919) 733 - 5083, extension 510 or Dave Goodrich, extension 517. cc: 0-mQL SIGNED BY Tom Belnick Alan W. Klimek, P.E. ntral NPDES Unit Ms. Jill Ray 1615 Morrison Road, Concord, NC 28025 Mecklenburg County Health Department North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 FAX (919) 733-0719 On the Internet at http://h2o.enrstate.nc.us/ Permit NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCI IARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-21.5.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management. Commission, and the Federal Water Pollution Control Act, as amended, Samuel P. Malone, Jr. eby authorized to discharge wastewater from a facility located at the Rocky River Run Subdivision WWTP End of Marlstone Lane, off NCSR 2810 North of Allen Mecklenburg County to receiving waters designated as Caldwell Creek in the Yadkin Pee -Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11, and IV hereof. The permit shall become effective July 1, 2004. This pei and the authorization to discharge shall expire at midnight on November 30, 2008. Signed this day June 9, 2004. ORIGINAL SIGNED BY Tom Beinick Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit: M1)067644 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked.. [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 pei mit authorizing discharge under the NPDES govern discharges from this facility, Samuel P. Malone, Jr. Rocky River Run Subdivision zereby authorized to: After satisfying the conditions set forth in the Authorization to Construct (ATC) amended April 14, 2004, construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued June 30, 1994 (and which has been subsequently amended April 14, 2004 to include Conditions A.(2.) and A.(6.)). The wastewater treatment plant will be located at the Rocky River Run Subdivision at the end of Marlstone Lane, off NCSR 2810, north of Allen, in Mecklenburg County, and; 2. Discharge from said treatment works into Caldwell Creek, currently a Class C water in the Yadkin Pee -Dee River Basin, at the location specified on the attached map. Rocky River Run Subdivision WWTP Latitude: 35°14'29" Longitude: 80°37'13" Quad Name: Midland, N.C. Permitted Flow: 0.020 MGD Receiving Stream: Caldwell Creek Sub -Basin: Stream Class: 03-07-11 C Facility Location NC0067644 Mecklenburg County Permit NC0067644 A. (1) EFFLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS Beginning on the effective date of this pei ufit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT LIMITATIONS MONITORING REQUIR ENTS EFFLUENT CHARACTERISTICS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location'. Flow 0.020MGD Weekly Instantaneous Influent or Effluent BOD. 5-day, 20°C (Summer) 5.0 mg/L 7.5 mg/L Weekly Grab Effluent BOD, 5-day, 20°C (Winter) 10.0 mg/L '15.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45,0 mg/L Weekly Grab Effluent NI13 as N (Summer) 2.0 mg/L 10.0 mg/L Weekly Grab Effluent NH3 as N (Winter) 4.0 mg/L 20.0 mg/L Weekly Grab Effluent Total Residual Chlorine 17 µg/L 2/Week Grab Effluent Total Residual Chlorine Weekly Grab 4 Fecal Colifo ,ii (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent, U, D Dissolved Oxygen2 Weekly Grab Effluent, U, D . Temperature. °C Daily Grab Effluent, U, D p113 Weekly Grab Effluent Notes: 1. Sample locations: E- Effluent, I- Influent, U- Upstream at least 100 feet, D- Downstream at least 300 feet. 2. The daily effluent dissolved oxygen concentration shall not be less than 6.0 mg/L. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Sample shall be collected at the point just prior to dechlorination, on either Friday afternoon or Saturday morning. (Summer) = April 1- October 31 (Winter) = November 1 - March 31 There shall be no discharge of floating solids or visihle foam in other than trace amounts. Permit NC0067644 SPECIAL CONDITIONS A. (2). LOW -FLOW STREAM STUDY Prior to construction of a wastewater treatment plant, the permittee shall conduct a low flow strearnflow study at the proposed discharge location to improve the accuracy of the 30Q2 flow estimate for Caldwell Creek. Prior to any flow data collection, the permittee will need to submit a Low Flow Study Plan to the Division for review and approval. The study plan should be consistent with U.S. Geological Survey flow monitoring procedures, and include adequate QA/QC methods that will ensure data integrity. This requirement amends the Authorization to Construct permit issued June 30, 1994. The current permit is based on the premise of a positive 30Q2 flow of 0.05 cfs. If the 30Q2 flow is estimated to be zero based on the low -flow streain study, no new discharge of oxygen consuming waste would be allowed per 15A NCAC 2B.0206(d)(2). A. (3). POTW CONNECTION CONDITION The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its pei mit effluent limitations for three consecutive months. A. (4). PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities online. At no time may the flow tributary to the facility exceed the design capacity of the existing units. A. (5). SUBSURFACE ALTERNATIVES TO DISCHARGE The permittee shall obtain a sub -surface evaluation of each planned lot in this phase of the development and submit a report to the Division prior to construction of a wastewater treatment system. A. (6). EVALUATION OF CONNECTION TO A REGIONAL SYSTEM Prior to construction, the permittee shall perform an evaluation of the possibility of connection to a regional sewer system. The evaluation shall include the following: 1. Indicate the distance to any existing sewer line within a five -mile radius (extension of radius should be considered if cost effective for project size). *NOTE: All connection options should include an evaluation of both a gravity line as well as a force main with pump station(s). (a) Provide a description of sewer facilities and resources necessary to connect to the receiving wastewater treatment plant. (b) Provide a preliminary indication of flow acceptance from local municipal or private WWTPs under consideration. If a municipal or private WWTP cannot accept the wastewater, please explain. (c) Attach a topographic map or a scaled site drawing showing the physical route of this alternative. (d) Perform a Present -Value -of -Costs Analysis for this alternative. Investigate cost - sharing options with other potential users. 2. Planned Sewerage System: Determine if an area -wide sewerage system, within a five mile radius, is projected to be available within the next five years that could receive waste from your project. Determine, from the appropriate authority, an availability date and flow acceptance projection. Identify your public utility or private management -group contact person that assisted you with this determination. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day. The period from midnight of one day until midnight of the next day. However, for purposes of this perrnit, 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 rn1 in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and . totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 xnilliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requiremetits Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples tray he collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). 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 faciliti., closure will allow this pernut 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 he 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 he representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Perrnit 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 Penmittee 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) )] c. The Clean Water Act provides that any person who ne,lzgent/y violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall he subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knon;inij 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 which has 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 IL 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 6/20/2003 NI?DES Permit Requirements Page 5 of 16 7. Severability The provisions of this peril ut are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, i held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150'B-23]. Duty to Provide Information The Permittee shall furnish to the Perinit 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 pernnit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.4'1 (h)]. 9. Duty to Reapply If the Permittee wishes tc:) continue an activity regulated by this pernut after the expiration date of this pernut, 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 Pernuttee 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 Pernuttee 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)]. 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 Authortry 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; 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 natters 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 6✓20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with an.y 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]: RI 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 (01. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws; rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 21-1 .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 thirtydays after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.01.05 (b) (4) 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.020.1]. The ORC of each Class I facility must: • Visit the facility at least weekly • Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: '); Visit the facility at least daily, excluding weekends and holidays • Properly manage and document daily operation and maintenance of the facility • Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPD.ES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: Y Receiving nc tificatit.>n tof a change in the classification of the system requiring the desigxnation of a new ORC and back-up ORC L A vacancy in the position of ORC or back-up ORC. Proper Operation and Diainten tncc The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.4"1 (e)]. 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 pernnitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of'I'reatment 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. 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 12.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such teclnrolc.ogy based permit effluent limitations if the requirements of paragraph h. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requiremoits Page $ of 16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shali demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this pert -nit. d. Burden of proof [40 CFR 122.41 (n) (4)1: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any perrnit 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 211.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. 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 shali be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month .following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 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 minattnum 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: Y 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 pertnit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements„ c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 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 tunes, any records that must be kept under the conditions of this permit; c. Inspect at reasonable tunes 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. Planned Changes The Pernvttee 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 Perrnittee'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. 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 except after notice to the Director. The Director may reqi ire 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 1'22.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this pernnit [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 reqnired by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twentv..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 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 [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 followingfo11oving the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report MAY result in the itnposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. H. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any. record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a .fine of Version 6/20/2003 NPDES Permit Requiremerits Page 12 of 1 6 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.44 . Annual Performance Reports Perinittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Author* 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 of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 µg/L) for a.crolein and acrylonitrile; five hundred micrograms per liter (500 ug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/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 perinit, 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. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 6/20/2003 NPDES Permit Regttiremeuts adverse impacts to waters of the State. This permit cannot be rescinded while any activities regtur continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL 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 perinit. 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 pony. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Perinittee's discharge. At such time as sufficient information becomes available to establish. limitations for such pollutants, this perinit 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 lit -nits; 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 Per ittee 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 s} stein 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 Permitter shall either develop and submit to the Version 6/20/2003 NPDES Permit Requiremetits Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NEM:: 2E1.0907(1). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved MAX' Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 40201)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreattnent 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 21-1 .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. 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 fmancial 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 itnplement 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 he reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4. Headworks Analysis (HWA) and Local Lirnits 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 FIWA or documentation of why one is not needed) [40 CFR. 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A. NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and .15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Pemittee'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 POW as determined by the HWA. Version 6/20/2003 NPDES Permit Requurem nts Page 15 of 16 Authorization t? «ixstrttct (A to C The Permitteeensure that an Authorization tca Construct pernni (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of ain AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) linitatioris. POI` Inspectioti & I onitoring of their SIUs The Permittee shall conduct inspection, surveillance, and moinitciring activities as described in its Division approved pretreatment program in order to determine, independent of inoritiation supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and Satnple 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 o nce per calendar year; b. SIFT Self I Toni ct g and Reporting. The Permittee shall require all industrial users to comply with the applicable rinonitorirn and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. cement Response Plan (ERP' shall enforce and obtain appropriate ten iedie fcir 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 211 .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 tlne Permittee shalt submit two copies of a Pretreatment Annua Report (P) describing its pretreatment activities over the previous twelve months to the Division at the following ad< NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by following: Narrative A brief discussion of reasons for, status of, and actions taken for all Silk ifican 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 forces approved by the Division; d.) Industrial Data Summary Forms (1DSF) NPDES Perirait Re ui 6 Monitoring data from samples cone red lay both the P TW and the Significant Industrial User (SII These analystical results rniast be reported on Industrial Iata'Stanarriary Forms (IISI } or other specific format approved by the Division; Other Infrtaticta. Copies of the P()TGV s allocation table, ew or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other infor°traation, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this pest; 11. Iaulal c l otwe The 'ennittee shall publish annually a list of Significant Industrial Users (IUs that were in Significant Non-Compliance(SNC) as defined in the Perrnitt e"s Division approved Sewer Use 0M at ce ' with applicable pretreatment re uirenaents and standards during the previous twelve month period.' Tbis list shall be published within four months of the applicable twelve-month period. 12. pii The Perniittee shall retah% for a minimum of three years records of onir ring activities and results, alcang with; support information including general records, water quality records, and records of Indust al impact on the po b nc ing and Financial Ifi port The Iaerrnittee shall maintain adequate approved pretreatment program. and sr g cis toaccomplish the ctive 14. Pretr t P arras 1blodiftcation to the approved p etreatmezat pro ram including but not ited to to al its modifications POW" monitoratag cif' their Sif iftc t Industrial Users (S1Us), and Monitoring Plan raaca lfcaticaras, shall. be considered a permit modification and shall be governed by 15 l CAC 211 .0114 and 1 A NCB C: II .{} 07. Ve `t% Michael F, Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W, Klimek, P.E. Director Division of Water Quality April 14, 2004 Mr. Samuel P. Malone, Jr., PIS P.O. Box 1139 Matthews, North Carolina 28106 Subject: DRAFT NPDES Permit Rocky River Run Subdivision WWTP NPDES Permit No. NC0067644 Mecklenburg County Dear Mr. Malone: Attached to this letter is the draft NPDES perrnit for the Rocky River Run Subdivision wastewater treatment discharge, NPDES Pet mrit No. NC0067644. Please review these documents very carefully to ensure a thorough understanding of the information, conditions, and requirements contained therein. Once a permit is issued, except for typographical or technical errors, the penult may be appealed only through the legal process. The following changes have been made to the permit with this renewal cycle: Due to the significant growth and development in the area, a requirement to evaluate connection to a regional system has been added to the permit (See Condition A.(6.)). This evaluation will be required prior to construction of any wastewater treatment system. The Authorization to Construct permit issued June 30, 1994 has been amended via letter to include the provisions of A.(2.) and A.(6.), which are required to be completed prior to construction. The amended letter is attached along with a copy of the original Authorization to Construct permit. Please keep these for your records. The Division of Water Quality was required to implement a policy to adopt daily maximum NH3-N (ammonia) limits for non -municipal facilities as required by the Code of Federal Regulations. This implementation policy was adopted October 15, 2002. The daily maximum values are five times the monthly average values (this value was established based on a review of treatment capability at various non -municipal plants). This permit includes both monthly average and daily maximum limits for NH3-N. Any comments regarding the draft permit should be submitted no later than approximately May 21, 2004. If you have any questions regarding the draft. NPDES pet alit, please contact me at (919) 733 - 5083, extension 510 or e-mail me via Susan.A.Wilson@ncmail.net. cc: Sincerely, usan A. NPDES Unit ce/Water Quality Section Health Department n P.E. NPDES Unit Ms. Ji11 Ray 1615 Morrison Road, Concord, NC 28025 NC DEPT.. OF AND N11,,, M►QoRESVI 1,_ ,y ATrHI iRF APR 1 9 2004 SECTION North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 FAX (919) 733-0719 On the Internet at httn://h2o.enr.state.nc.us/ Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal. Water Pollution Control Act, as amended, Samuel P. Malone. Jr. is hereby authorized to discharge wastewater from a facility located at Run. River Run Subdivision WWTP End of Maristone Lane off NCSR 2810 North of Allen Mecklenburg County to receiving waters designated as Caldwell Creek in the Yadkin Pee -Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective This permit and the authorization to discharge shall expire at midnight on November 30, 2008. Signed this day DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Cornrnision Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked. [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 per mit authorizing discharge under the NPDES govern discharges from this facility. Samuel P. Malone, Jr. Rocky River Run Subdivision WWTP is hereby authorized to: After satisfying the conditions set forth in the Authorization to Construct (ATC) amended April 14, 2004, construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued June 30, 1994 (and which has been subsequently amended April 14. 2004 to include Conditions A.(2.) and A.(6.)). The wastewater treatment plant will be located at the Run River Run Subdivision at the end of Marlstone Lane, off NCSR 2810, north of Allen, in Mecklenburg County, and; 2. Discharge from said treatment works into Caldwell Creek, a Class C water in the Yadkin Pee -Dee River Basin, at the location specified on the attached map. Latitude: 35°14'39" Lori hide. 80° 37 ' 13" Chiad Nagle: Midland Stn am Cass: C I eceivingShearn: Caldwell Cteek Pexmitte4 Flow: 0.€ 20 M(11) 03-€Y7-11 Run River Run Subdivision WWII NC[Frt4 Mecklenburg County Permit No. NC0067644 A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATZONS Monthly Average Weekly Average belly =Miura MONITORING URIMENTS Measurement Frequency Ty Sam Flow BOD, 5-day, 20°C (Summer) BOD, 5-day, 20°C (Winter) Total uspended Residue NH3as N (Summer) NH3 as N (Winter) Total Residual Chlorine Total Residual Chlorine Fecal Conform (geom.mean) Dissolved Oxygen2 Temperature, °C p113 Notes: 1. 0.020MGD 5.0 m 10.0 mg/I 30.0 mg/I 2.0 mg/I 4.0 mg/1 200/100 ml Sample locations: E- Effluent, feet. 7.5 mg/I 15.0 m /1 45.0 mg/I 10.0 rng/1 20.0 mg/I 17 ug/1 Weekly Weekly Weekly Weekly Weekly Weekly Instantaneous Grab Grab Grab Grab 400/100 ml 2/Week Weekly Weekly Weekly Daily Weekly Grab Grab Grab Grab Grab Sample Location' I or E E E Grab Grab 4 E. U. D E. U. D E, U. D uent, U- Upstream at least 100 feet, D- Downstream at least 300 2. The daily effluent dissolved oxygen concentration shall not be less than 6.0 mg/1. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Sample shall be collected at the point just prior to dechlorination, on either Friday afternoon or Saturday moi lung. (Summer) April 1- October 31 (Winter) --, November 1 - March 31 There shall be no discharge offloating solids or visible foam in other than trace amounts. Pen -nit No. NC0067644 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (2). LOW -FLOW STREAM STUDY Prior to construction of a wastewater treatrnent plant, the permittee shall conduct a low flow streamflow study at the proposed discharge location to improve the accuracy of the 3092 flow estimate for Caldwell Creek. Prior to any flow data collection, the permittee will need to submit a Low Flow Study Plan to the Division for review and approval. The study plan should be consistent with U.S. Geological Survey flow monitoring procedures, and include adequate QA/QC methods that will ensure data integrity. This requirement amends the Authorization to Construct permit issued June 30, 1994. The current pennit is based on the premise of a positive 3092 flow of 0.05 cfs. If the 3092 flow is estimated to be zero based on the low -flow stream study, no new discharge of oxygen consuming waste would be allowed per 15A NCAC 2B.0206(d)(2). A. (3). POTW CONNECTION CONDITION The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. A. (4). PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities online. At no time may the flow tributary to the facility exceed the design capacity of the existing units. A. (5). SUBSURFACE ALTERNATIVES TO DISCHARGE The permittee shall obtain a sub -surface evaluation of each planned lot in this phase of the development and submit a report to the Division prior to construction of a wastewater treatment system. A. (6). EVALUATION OF CONNECTION TO A REGIONAL SYSTEM Prior to construction, the permittee shall perform an evaluation of the possibility of connection to a regional sewer system. The evaluation shall include the following: 1. Indicate the distance to any existing sewer line within a five -mile radius (extension of radius should be considered if cost effective for project size). *NOTE: All connection options should include an evaluation of both a gravity line as well as a force main with pump station(s). (a) Provide a description of sewer facilities and resources necessary to connect to the receiving wastewater treatment plant. (b) Provide a preliminary indication of flow acceptance from local municipal or private WWTPs under consideration. If a municipal or private WWTP cannot accept the wastewater, please explain. (c) Attach a topographic map or a scaled site drawing showing the physical route of this alternative. (d) Perform a Present-Value-of:Costs Analysis for this alternative. Investigate cost - sharing options with other potential users. A. (6). EVALUATION OF CONNECTION TO A REGIONAL SYSTEM (Continued) 2. Planned Sewerage System: Determine if an area -wide sewerage system, within a five mile radius, is projected to be available within the next five years that could receive waste from your project. Determine, from the appropriate authority, an availability date and flow acceptance projection. Identify your public utility or private management -group contact person that assisted you with this determination. I DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0067644, Rocky River Run Subdivision Applicant/Facility Name: Applicant Address Facility Address: Perrni Type ©: d Flo aste: Facility/Permit Status: County: Receiving Stream: C assification: 303(d) Listed?: Facility Info *on Samuel P. Malone, Jr. (Owner) Rocky River Run Subdivision WWTP P.O. Box 1139, Matthews, NC 28106 End of Marlstone Lane off NCSR 2810 0.02 MGD 100% Domestic (Minor domestic, non -municipal) Renewa Mecklenburg Miscellaneous Caldwell Creek No Regional Office: MRO Quad Permit Writer: Subbasin: Drainage Area (mi2): Surnnier 7910 (cfs) 030711 1.30 0.03 Winter 7910 (cfs): 0.05 30Q2 (cfs): IWC (%): 0.05 51 Primary SIC Code: SUMMARY 4952 Date: April 7, 2004 The renewal application for this facility was received June 10, 2003. The subdivision that this permit will serve has not yet been built. This area is a fairly high growth area iri this portion of Mecklenburg County. In the renewal application, the applicant, Samuel P. Malone, Jr. did not indicate any immediate plans to build out the subdivision. However, Mr. Malone wishes to retain his current permit in the event that public sewer access is not available at the time development of the property begins. During the previous renewals of this permit, public hearings have been held. Public hearings were held April 3, 2001 (during the most recent renewal), June 15, 1995, and prior to 1993 (although records have been archived for this one). The hearing officers for the rnost recent two hearings recommended that the permit be renewed with certain stipulations (and the Directors at the time concurred with those recommendations). The most recent renewal recommended a low -flow stream study prior to construction of the treatment plant, a condition to connect to a publicly owned treatment plant upon availability, a phased construction requirement, and a sub -surface evaluation of each lot (see Conditions A.(2.) through A.(5.) for further details). This facility discharges to subbasin 030711, Caldwell Creek in the Yadkin Pee -Dee River Basin. Caldwell Creek is not listed as impaired on the state's 303(d) list and there are no immediate water quality concerns for the creek (based on a review of the basin plan for this subbasin). There has been much concern in the past regarding the stream -flow estimates for this area of Caldwell Creek. As is current procedure for the NPDES Unit, previous flow estimates will be used for this renewal. USGS was contacted in both 1995 and 2001 to reconfirm flow estimates and no changes were made (the 7Q10s of 0.03 cfs (defined as 0 cfs) and 30Q2 of 0.05 cfs were reconfirmed). Because these are estimations and there is no immediate streamflow gauge in this area, the previous hearing officer recommended a low -flow stream study prior to construction of any treatment plant. NC0067644 NPDES Renewal Page 1 TOXICITY TESTING: No toxicity testing is required (minor domestic facility - per NPDES procedure, no toxicity testing required). COMPLIANCE SUMMARY: BASED ON THE PREVIOUS 2 YEARS There is no compliance summary because this facility has not yet been built. INSTREAM MONITORING: Instream monitoring will be required for Fecal coliform, temperature, and dissolved oxygen (as in the previous permit). None is required at this time since the facility has not yet been built and is not discharging. PROPOSED CHANGES: As requested by the Mooresville Regional Office, Condition A.(6.) has been added to the NPDES pet Writ to require the permittee to evaluate the possibility of connection to a regional system prior to construction of any treatment system. This will also be included as an Authorization to Construct permit amendment. The Authorization to Construct (ATC) permit issued June 30, 1994 will be amended to include the requirements in Conditions A.(2.) and A.(6.). The ATC is being amended to specify and clarify Mr. Malone's responsibilities prior to any construction of a wastewater treatment facility. As per NC's commitment to EPA Region IV (as of October 15, 2002) and in order to comply wi the requirements of 40 CFR 122.45 (d), daily maximum limits for NH3-N will be required with this renewal. PROPOSED SCI-IEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: After April 14, 2004 Scheduled to issue: June 7, 2004 (estimated time of issuance) STA I.E C ONTA(,'l : If you have any questions on any of the above information or on the attached contact Susan Wilson, P.E. at (919) 733-5038 ext. 510. REGIONAL OFFICE COMMENT: , please A staff report was received November 7, 2003. Several recommendations were made in the report: Recommended that Condition A.(5.) of the current permit be removed (this condition requires the evaluation of subsurface disposal for each subdivision lot). MRO believes that the low -flow study will dictate the ultimate wastewater disposal alternative and this condition is not necessary. Based on the Director's previous decision and because the development may be served by subsurface systems, this condition will remain in the permit. In addition, if the subdivision will be built in phases this condition Ls appropriate. Recommended that Condition A.(2.) of the current permit remain (this condition requires a low -flow study prior to the construction of any wastewater facilities). This will continue and art amendment to the ATC permit will be sent to the permittee via letter. Recommended that the availability of municipal sewer be re-evaluated prior to permit issuance (due to the considerable amount of development in the area), If municipal sewer is "within an economical distance to the site, the revocation of the permit should be given consideration." This has been added as Condition A.(6.) in the draft permit. The requirements for the evaluation of connection to a regional system is the same as that which is required in the NPDES Unit's Engineering Alternatives Analyses. This requirement will also be added to the ATC amendment letter. NC0067644 NPDES Renewal To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver SOC Priority Project: No Date: November 5, 2003 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg MRO No. 03-60 Permit No. NC0067644 PART I - GENERAL INFORMATION 1. Facility and address: Run River Run Subdivision Sam Malone and Associates Post Office Box 1139 Matthews, North Carolina 28106 2. Date of investigation: November 5, 2003 3. Report prepared by: Michael L. Parker, Environmental Engineer I1 4. Persons contacted and telephone number: N/A 5. Directions to site: From the intersection of NC Hwy 24-27 and SR 2810 (Rocky River Church Road) travel north on SR 2810 approximately 1.1 miles. Turn right onto Marlstone Lane. The proposed subdivision is located at the end of Marlstone Lane. 6. Discharge point(s), list for all discharge points: Latitude: 35° 14' 29" Longitude: 80° 37' 13" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No,: GI6NE U.S.G.S. Quad Name: Midland, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to flood plain included): Moderately sloping; the proposed WWTP site appears to be located just above the 100 year flood plain. 9. Location of nearest dwelling: None within 500 feet at the present time; however, several building lots are located approximately 300 feet from the proposed WWTP site. Page Two 10. Receiving stream or affected surface waters: Caldwell Creek a. Classification: C• b. River Basin and Subbasin No.: Yadkin - Pee Dee, 030711 c. Describe receiving stream features and pertinent downstream uses: Small, headwaters creek with rocky bottom. MR© files contained discrepancies in estimated stream flow (USGS flow data from a December 1991 report indicate a 7Q10 of 0.3 cfs and a 30Q2 of 0.5 cfs; however, a WLA prepared in April of 1991 indicates that both the 7Q10 and 30Q2 flow are 0 cfs). See Part IV for more discussion on this matter. General "C" classification uses downstream. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.020 MGD (ultimate design capacity) b. Current permitted capacity of the wastewater treatment facility: 0.020 MGD 2. c. Actual treatment capacity of the current facility (current design capacity): facility is not yet built. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: The ATC for this facility was issued on June 30, 1994. Please provide a description of existing or substantially constructed wastewater treatment facilities: There are no existing WWT facilities nor are any proposed at this time. Please provide a description of proposed wastewater treatment facilities: Proposed WWT facilities consist of influent flow equalization, an extended aeration package type WWTP, tertiary filters, chlorine disinfection, dechlorination, and diffused post aeration. The extended aeration package type WWTP includes an aeration basin (diffused air), clarifier, and aerated sludge holding basin (diffused air). g. Possible toxic impacts to surface waters: Chlorine is proposed for disinfection, however, dechlorination will be provided. h. Pretreatment Program (POTWs only): N/A Residuals handling and utilization/disposal scheme: a residuals handling and disposal scheme has not as yet been provided to the Division. 3. Treatment plant classification: Class II (based on approved WWT units). 4. SIC Code(s): 4952 Wastewater Code(s) 05 Main Treatment Unit Code: 06107 Page Three PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: None at this time. 3. Important SOC, JOC or Compliance Schedule dates (Please indicate): N/A 4. Alternative Analysis Evaluation: Alternative analysis condition A(5). is a part of the current permit, which requires the permittee to make a sub -surface evaluation of each lot and submit a report to the Division prior to the construction of a WWT system. It is recommended that this condition be removed from the permit upon reissuance since the low -flow study (discussed in Part IV below) should dictate the ultimate wastewater disposal alternative the permittee chooses once construction of this development is begun. PART IV - EVALUATION AND RECOMMENDATIONS The permittee, Sam Malone and Associates, has applied for peirenewal for the proposed Run River Run Subdivision WWTP. Although an ATC has been issued for this facility, construction has not begun on either the subdivision or the WWTP at this time. As a result of the discrepancies in the estimated stream flow data (see Part I. 10(c)), it was decided to allow the issuance of this permit based on the December 1991 USGS data which indicated a positive 7Q10/30Q2. The Division also attempted to address concerns from local politicians and area residents about the low receiving stream flow by placing a condition in the current permit that requires the permittee to perform a low -flow stream study prior to the construction of any WWT facilities (Condition A(2).). This study would have to be submitted and approved by the Division before it is implemented, and be consistent with current USGS flow monitoring procedures. If the results of the study indicates that the 30Q2 estimate is indeed 0.0 cfs, then no new discharge of oxygen consuming wastes would be allowed. This condition should remain in the permit upon reissuance. Given that a considerable amount of development has occurred in and around the area where this WWTP is proposed, it is recommended that the availability of municipal sewer be reevaluated prior to permit issuance. If municipal sewer is found to be within an economical distance to the site, the revocation of the permit should be given consideration. Pending receipt of the information requested above, and a determination that municipal sewer is still unavailable to the site at this time, it is recommended that the permit be renewed as requested. rez Signature of repo i'/- Water Quality Ronal Supervisor h:\dsr\dsr03\runriver. sr State of North Carolina Department of Environment and Natural Resources ,5`5 Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Mr. Samuel Malone Jr. Rocky River Run Subdivision PO Box 1139 Matthews, North Carolina 28106 Dear Mr. Malone: JUN 2 3 2003 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June Subject: NPDES Permit Renewal Application Permit NC0067644 Rocky River Run Subdivision Mecklenburg County The NPDES Unit received your permit renewal application on June 10, 2003. Thank you for submitting this package. The permit renewal for this facility has been assigned to a staff member. This staff member will contact you if further information is needed to complete the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0067644 the existing requirements in your permit will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a severely depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Charles Weaver at (919) 733-5083, extension 511. cc: Mooresville Regional Office, Water Quality Section NPDES File Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Sincerely, Valery Stephens Point Source Unit 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ httpJ/h2o.enr.state.nc.us/NPDES Valery.Stephensf ncmai.net Sam Malone and Associates Land Surveying June 5, 2003 Design - P Mrs, Vale ry Stephens NC DENR / Water Quality / Point Source Branch 1617 Mall Service Center Raleigh, N.C. 27699-1617 RE: Renewal of NPDES Permit NC0067644. 116-B West John Street P.U. Box 1139 Matthews, North Carolina 28106 (704) 847-9026 Phone (704) 847-5188 Facsimile 1 800 287-8978 Dear Mrs. Stephens: Enclosed is the Permit Application for NPDES Permit NC0067644, at Rocky River Run Subdivision (currently called Run River Run Subdivision) in Mecklenburg County as requested in your letter of May 144' 2003. The domestic wastewater treatment plant approved has not been constructed. No homes have been constructed. There are no changes in the proposed plans for this facility since it was last approved. This proposed plant has no sludge management plan, as it has not been constructed, and there is no date set to construct the plant. Samuel P. Malone, Jr., PLS `NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 10096 domestic wastewater (<1 MGD flow) N. C. Department of Environment and Natural Resources Division of Water Quality / NPDES Unit 1817 Mail Service Center. Raleigh, NC 27899-1817 http://h2o.enr.state.nc.us/NPDES/ North Carolina NPDES Permit Number 1. Contact Information: Facility Name Owner Name Street Address City State / Zip Code Telephone Number Fax Number e-mail Address Operator Name Street Address City State / Zip Code County Telephone Number SLUMP Please print or type 2. Location of facility producing discharge: Check here if same as above 0 Facility Name (If different from above) Street Address or State Road City State / Zip Code County th Cwohnq 3. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal V New Facility * Please provide a description of the expansion/modification: Page 1 of 3 Version 12/t)2 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 1 4. Description of the existing treatment facilities (list capac(ties): domestic wastewater (<1 MGD flow) alt d components with No aI1419 tricitti\ ;cC111- I -1- avle .W) MGT) 0-V -1-cptei1 dtpc6 owe 0 trk---ttlt 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the source(s) of wastewater example: subdivision, mobile home park, etc.): er04369e reGIcke..-1‘ Sa34 is V iori 6. List all permits, construction approvals and/or applications (check all that. apply): Type_ RCRA UIC NPDES PSD NESI-LAPS Permit Number Dye. Non -Attainment Ocean Dumping Dredge/PM Permits Other Permit Number 7. Number of separate wastewater discharge pipes (wastewater outfalls): 8. If the facility has mu1ttpe discharge outfalls. record the source(s) of wastewater for each outfall: Page 2 of 3 Version 12/02 NPDES APPLICATION FOR PERMIT RENEWAL- SHORT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater (<1 MGD flow) 9. Name of receiving stream(s) (Provide a neap showing the exact location of each outfal); C.41,1 well Cee1C) CIQs C `-tettk ih Yadltin- De f'iuev' Bcc9jn. 10. Is this facility located n Native Artne can lands"? check one) YES NO I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signature of Applicant ng a Date Signed 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 One not to exceed $10,000, or by imprisonment not to exceed six months, or by both, (18 U,SC, Section 1001 provides a punishment by a fine of not more than $10,000 or Imprisonment not more than 5 years, or both for a similar offense) Page 3 of 3 Version 12/02 'A NCDENR NCDENR Mr. Samuel P. Malone, Jr. Sam Malone and Associates P.O. Box 1 139 Matthews, North Carolina 28106 Dear Mr. Malone: Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Kerr T. Stevens, Director NC DEPT. OF FNVu`20 ' Lion of Water Quality Ai'4D 3?,te"; <t,' .,. ti S^O CES OFFICE July 9, 2001 JUL 2 3 2001 C'tUA LSE nuance Pei mit No. NC0067644 Run River Run Vi�'WTP Mecklenburg County Division staff have reviewed and approved your application for an NPDES discharge permit. Accordingly, the Division is forwarding the subject 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 U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). Based on results of the Public Hearing held on April 3, 2001, the following items have been added to this FINAL permit: Addition of Special Condition A(2), Low Flow Stream Study, which requires the permittee to conduct a streamflow study prior to construction of the wastewater treatment plant. This condition was added to verify the positive 30Q2 flow statistic, which was the primary concern voiced at the public hearing. The permittee may install a simple 90-degree V-notch weir to obtain the additional flow measurements. However, a study plan must be reviewed and approved by the Division prior to data collection, to ensure that the study will produce reliable measurements. Please note that this Special Condition amends the Authorization to Construct per brit previously issued on June 30, 1994. Included with this packet is a U.S. Geological Survey (USGS) guidance document which describes methods for collecting streamflow data and estimating low flow statistics. The USGS recommends data collection during low flow summer events for several years to produce reliable flow statistics. Addition of Special Condition A(3), POTW Connection Condition, which requires the penmittee to connect to an operational POTW within 180 days of its availability, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. This condition was in the previous permit. Addition of a total residual chlorine weekly monitoring requirement, to be collected either Friday afternoon or Saturday morning, at a location just prior to the dechlorination unit. This measurement will provide more immediate feedback on whether the chlorination unit is providing adequate chlorine to control fecal coliform bacteria, prior to weekend recreational use of the stream. 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 a demand is made, this permit shall be final and binding. N. C. Division of Water Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us Phone: (919) 733-5083 fax: (919) 733-0719 DENR Customer Service Center: 1 800 623-7748 NPDES Permit Issuance Permit No, NC0067644 Run River Run Subdivision Page 2 Please take notice that this permit is not transferable except after notice to the Division. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. 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, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Tom Belnick at telephone number (919) 733-5083, ext. 543. Sincerely, ORIGINAL SIGNED BY KWE}".TTyMNS Enclosure: NPDES Permit No. NC0067644 cc: Mecklenburg County Mr. Larry Griffin, Porters Landing POA, 1512 Porter's Court, Concord. NC 28025 Ms Jill Ray, 1615 Morrison Road, Concord, NC 28025 Matt Matthews, Aquatic Toxicology Unit, ESB Point Source Complian Central Files NPDES File Unit Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WAS'1`EWATER 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Run River Run Subdivision WWTP End of Marlstone Lane off NCSR 2810 North of Allen Mecklenburg County to receiving waters designated as Hills Creek in the Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. The permit shall become effective August 1, 2001 This permit and the authorization to discharge shall expire at midnight on November 30, 2003. Signed this day July 9, 2001 ORIGINAL SIGNED -BY KERR T. STEVENS Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Pen .it No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: Make an outlet to Caldwell Creek and construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued June 30, 1994 (and which was subsequently amended to require a low flow study prior to any actual construction; refer to Special Condition A(2) of this permit). The wastewater treatment plant will be located at the Run River Run Subdivision at the end of Marlstone Lane, off NCSR 2810, north of Allen, in Mecklenburg County, and; 2. Discharge from said treatment works into Caldwell Creek, a Class C water in the Yadkin Pee -Dee River Basin, at the location specified on the attached map. [titvde: 35°14' 39" Lor itlyde: 80°3T 13" Quad Nei Midland Stearn Class: C Receiving Stream Caldwell Creek Permitted Flow: 0,020 MGD Sub -Basin: 03-07-11 Permit No. NC0067644 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Pei uiittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS Monthly Average Weekly Average Daily, Maximum MONITORING REQUIREMENTS [easurement Frequency Sample Type Sample Location' Flow BOD, 5-day, 20°C (Summer) BOD, 5-day, 20°C (Winter) Total Suspended Residue NH3 as N (Summer) NH3 as N (Winter) Total Residual Chlorine Total Residua] Chlorine Fecal Coliform (geo Dissolved Oxygenz 0.020MG D 5.0 mg/l 10.0 mg/1 30.0 mg/I 2.0 mg/1 4.0 mg/1 200/100 ml 7.5 mg/1 15.0 mg/1 45.0 mg/1 17 ug/1 400/100 ml Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Weekly Weekly Weekly Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab Grab 1 or E 4 E, U, D E, U, D Temperature, °C PH3 Daily Weekly Grab Grab E, U, D Notes: 1. Sample locations: E- Effluent, I- Influent, U- Upstream at least 100 feet, D- Downstream at least 300 feet. 2. The daily effluent dissolved oxygen concentration shall not be less than 6.0 mg/1. 3. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4. Sample shall be collected at the point just prior to dechlorination, on either Friday afternoon or Saturday morning. (Sumrner) = April 1- October 31 (Winter) = November 1 - March 31 There shall be no discharge of floating solids or visible foarn in other than trace amounts. Permit No, NC0067644 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). LOW -FLOW STREAM STUDY Prior to construction of a wastewater treatment plant, the permittee shall conduct a low flow streamflow study at the proposed discharge location to improve the accuracy of the 30Q2 flow estimate for Caldwell Creek. Prior to any flow data collection, the permittee will need to submit a Low Flow Study Plan to the Division for review and approval. The study plan should be consistent with U.S. Geological Survey flow monitoring procedures, and include adequate QA/QC methods that will ensure data integrity. This requirement amends the Authorization to Construct permit issued June 30, 1994. The current permit is based on the premise of a positive 30Q2 flow of 0.05 cfs. If the 30Q2 flow is estimated to be zero based on the low -flow stream study, no new discharge of oxygen consuming waste would be allowed per 15A NCAC 2B.0206(d)(2). A (3). POTW CONNECTION CONDITION The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its penult effluent limitations for three consecutive months. A (4). PHASED CONSTRUCTION CONDITION If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80% of the design capacity of the facilities online. At no time may the flow tributary to the facility exceed the design capacity of the existing units. A (5). ALTERNATIVES TO DISCHARGE The permittee shall obtain a sub -surface evaluation of each planned lot in this phase of the development and submit a report to the Division prior to construction of a wastewater treatment system. PART I (continued) Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority: The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission, 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part 1 of the permit. Part LI Page 2 of 11 6. b. The "average weekly concentration," other than for fecal coliform bacteria, i 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. g. 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. 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. 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. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. S. Types of Samples 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 th.e time of individual sample collection, or Part II Page 3 of 11 8. a. 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 he no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10, Calendar Day: A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance: A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant: Water Act. A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Part II Page 4 of 11 1, I. 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 525,000 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 5125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a. permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 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. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7, Severabiliry 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. Part I1. Page 5of11 Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 6 of 11 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Rcissuance, 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 211 .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits hearing this number is no longer effective. 1 The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POI.I.UTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A NCAC Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. 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©/o complete. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Part II Page 7 of 11 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, hut only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c, and cl. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part L1 Page 8 of 11 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the INC 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. Part II Page 9 of 11 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. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part 11 Page 10 of 11 SECTION E REPORTING REQUIREMENTS I. Change in Discharge Ali discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this 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. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Page 11 of 11 6. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part 11. E. 6. of this permit. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III; OTHER I:EI REQUIREMENTS onsttuction No construction cif as e eater "tre torment facilities cis° additions try add to the plant 's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Gr undwater Monitoring The permittee shall, upon written notice from the Director o the Division of l ater Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards, Cx. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it know err has reason to believe: a. Tlsat 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 ttte following "notification levels", (l) One hundred micrograms per liter (100 .g/L); (2) Two hundred micrograms per liter (200 ug/l}) for acrolein and acr larmitril ;five hundred micrograms per liter (500 µg/L) for dinitrophenol and for 2 methy1-4 6 dinitro henol and one milligram per liter {l mg/L) for antimony; () Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) Five hundred micrograms per liter (500 lzg ); (2) One milligram per liter ( mg/L) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. ec uirenaer t to Continually Evaluate lterrmatives to Wastewater Discharges The'permittee shall continually evaluate' ll wastewater disposal alternate es and pursue the mosrenvironmenta]:ly sound alternative of the reasonably cost effective alternatives: lf` the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations cir laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. PART IV ANNUALADMINISTERINGAND COMPLIANCE ONIT RI G FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within ` 0 (thirty) days after being billed by the Division.` Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .010(b)(4) may cause this Division to initiate action to revoke the permit. Run River Run WWTP- MRO Staff Report Page 1 of 3 SOC PRIORITY PROJECT: NO To: Permits and Engineering Unit Water Quality Section Attention: Charles H. Weaver, Jr. Date: May 5, 1999 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenberg NPDES Permit No.: NC0067644 MRO No.: 99-078 PART I - GENERAL INFORMATION Facility and Address: Run River Run Subdivision (Formerly Rocky River Run) Sam Malone and Associates Post Office Box 1139 Matthews, North Carolina 28106 2. Date of On -Site Investigation: May 3, 1999 3. Report Prepared By: Charley Schwartz, Environmental Engineer 4. Person Contacted and Telephone Number: Sam Malone, (704)847-9026 5. Directions to Site: From the intersection of NC Hwy 24-27 and SR 2810 (Rocky River Church Road) travel north on SR 2810 approximately 1.1 miles. Turn right onto Marlstone Lane. The proposed subdivision is located at the end of Marlstone Lane. 6. Discharge Point(s), List for all discharge Points: - Latitude: 35 ° 14' 29" Longitude: 80° 37' 13" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: G 16 NE USGS Quad Name: Midland, NC 7. Site size and expansion area consistent with application: Yes. 8. Topography (relationship to flood plain included): Moderate sloping; the proposed WWTP site appears to be located just above the 100 year flood plain. Run River Run WWTP- MRO Staff Report Page 2 of 3 9. Location of Nearest Dwelling: None within 500 feet at present; however, several building lots are located approximately 300 feet from the proposed WWTP. 10. Receiving Stream or Affected Surface Waters: Caldwell Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin 03-07-11 c. Describe receiving stream features and pertinent downstream uses: At the proposed discharge point Caldwell Creek is approximately 1-4 feet wide and 2-6 inches deep. The creek had good flow at the time of the site visit. The creek was determined to have a positive 7Q10 and 30Q2 by the USGS in December 1991. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS a. Volume of Wastewater (From last 12 DMRs): 0 MGD b. What is the current permitted capacity: 0.020 MGD c. Actual treatment capacity of current facility (current design capacity): 0 MGD d. Date(s) and construction activities allowed by previous ATCs issued in the previous two years: N/A e. Description of existing or substantially constructed WWT facilities: A WWT facility has not been constructed at the site. g. Description of proposed WW'I" facilities: The proposed %VWT facilities consist of influent flow equalization, an extended aeration package type WWTP, tertiary filters, chlorine disinfection, dechlorination, and diffused post aeration. The extended aeration package type WWTP includes an aeration basin (diffused air), clarifier, and aerated sludge holding basin (diffused air). Possible toxic impacts to surface waters: Chlorine is proposed to be used for disinfection; however, dechlorination is also proposed. h. Pretreatment Program (POTWs only): Not Needed. 2. Residual handling and utilization/disposal scheme: a. If residuals are being land applied specify DWQ Permit No. N/A. Residuals Contractor: N/A Telephone No. ()N/A b. Residuals stabilization: N/A c. Landfill: N/A d. Other: A formal sludge disposal plan has not been finalized Run River Run P- MRO Staff Report Page 3 of 3 3. Treatment Plant Classification as proposed: Class II (no change from previous rating). 4. SIC Code(s): 4952 Wastewater Code(s): 05 5. MTU Code(s): 06107 PART III - OTHER PERTINENT INFORMATION Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? No 2. Special monitoring or limitations (including toxicity) requests: None at this time. Important SOC/JOC or Compliance Schedule dates: N/A 4. Alternative Analysis Evaluation a. Spray Irrigation: b. Connect to regional sewer system: There are several sewer extensions under consideration for the area. Mr. Malone has postponed construction of the project to determine whether connection to any of the future regional sewer extensions is feasible. c. Subsurface: Mr. Malone stated that percolation rates are insufficient on the property. d. Other disposal options: N/A PART IV - EVAI,UATION AND RECOMMENDATIONS The permittee, Sam Malone and Associates, has applied for permit renewal for the Run River Run Subdivision WWTP (formerly the Rocky River Run Subdivision WWTP). The permittee's request for an Authorization to Construct was approved by the Division in a letter dated June 30, 1994. However, the permittee has not begun construction of the wastewater treatment facilities. The permittee has been working with local officials to determine whether any regional sewer lines will serve the area in the near future. If connection to a sewer is not feasible, the permittee desires to maintain the capability to discharge to Caldwell Creek. It is recommended that the permit be renewed as requested. i�— Signature of Report Preparer /7--cz_ Water Quality Reg`ional Supervisor h: \\np des\rrrdsr 1. d o c 5 Date Date mnorrE N.5.1119 M. VE, ?. 1 M. State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director Mr, Samuel P. Malone, Jr. Sam Malone & Associates 116-B West John Street Matthews, North Carolina 28106 Dear Mr. Malone: April 5, 1999 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Renewal Applications Permit NC0067644 Rocky River Run WWTP Mecklenburg County The Division received your permit renewal application on March 24, 1999. Thank you for submitting this package in a timely fashion. The permit renewal for this facility will be assigned to a member of the NPDES Unit staff. That staff member will contact you if further information is needed to complete the permit renewal. I regret to inform you that we have lost several staff members in the past few months, leaving the NPDES Unit with four vacant positions. This staff shortage is causing delays in our processing of permit renewals. Our remaining staff are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan reviews ahead of permit renewals. This is necessary due to a variety of factors, including mandatory deadlines in the statutes which govern our program. If this staff shortage delays reissuance of NC0067644, the existing requirements in your permit will remain in effect until the permit is renewed (or other action is taken by the Division). We appreciate your patience and understanding while we operate with diminished resources. If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 511. cc: ,Iviooreaville Regional Office, Water Quality Section NPDES File Sincerely, Charles H. Weaver, J NPDES Unit R.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state,nc.us NPDES PERMIT APPLICATION - SHORT FO D To be filed only by dischargers of 100% domestic wastewater (<1 MGD flo 5. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Number of Employees Commercial Number of Employees Residential Number of Homes School Number of Students/Staff Other Describe the sources} of wastewater (example: subdivision, mobile home park, etc.): obdiv P Number of separate wastewater discharge pipes (wastewater outfalls): t toe e facility has ate or each ou al I certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing 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, tpers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained rder Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page2of2 Version 9/97 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Sam Malone Sam A. Malone and Associates P. O. Box 1139 Matthews, North Carolina 28106 Dear Mr. Malone: July 13, 1995 ATURA. R.ESOI:RC'E4 JUL 1 7 1995 DIVISION OF ENVIEW111.11.YRIOEMEIIT MOORESVILLE RE.GtOtiAL OillgE - Subject: NPDES Permit Application Additional Information Request Rocky River Run Subdivision Permit: NC0067644 Mecklenburg County The Division of Environmental Management needs additional information to adequately assess the subject NPDES permit. Per the conversation you had on June 30, 1995 with Susan Robson of my staff, and per request by Larry Coble, Hearing Officer for the public hearing concerning the subject permit, we are requesting the following additional information: 1. Please provide another cost analysis of connecting to the Cabarrus County Sewer System based on the information that Cabarrus County is working towards extending sewer lines toward your property and obtaining easements to do so; 2. Please provide a cost estimate for operation and maintenance of the proposed wastewater treatment system; and, 3 Please provide a present value cost analysis of the proposed system for a 20 year time frame, which includes operation, laboratry, and maintenance costs. Upon submittal of accurate and complete information on the above questions, the Division Will complete the draft permit process. If this information is not submitted August 15, 1995, the Division will return your application materials. Discharging wastewater without a valid NPDES Permit will subject the discharger to a civil penalty of up to $10,000 per day. If you have questions regarding this matter, please contact Susan Robson at (919) 733-5083, ext. 551. David G Supervisor, NPDES Group e, Hearing Officer, Winston-Salem Regional Office onal Office s' s and Engineering Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10`)/0 post -consumer paper MICHAEL F. EASLEY ATTORNEY GENERAL MEMORANDUM TO: State of North Carolina Department of Justice P.O.BOX 629 RALEIGH 2 7602-0629 Preston Howard, Jr. Don Safrit Colleen Sullins Susan Wilson Dave Goodrich Colson Susan Robson Jule Shanklin FROM: Anita LeVeaux Quigless- DATE: June 20, 1995 Reply to: Anita L. Quigless Environmental Division Telephone: (919) 733-7247 FAX: (919) 733-0791 Case Assignment, William P. Shaver, R. McKinnon Morrisson III, Jill Ray, Dr. Wesley C. Ray, Douglas W. Furr, Catherine H. Furr, and Caldwell Creek Farm, Inc., 93 EHR 952 This is inform you that the above -referenced case assignment is before the Office of Administrative Hearings and that I have been assigned to handle this matter. The administrative hearing has been rescheduled for the week of November 6, 1995, in Charlotte, North Carolina before Administrative Law Judge, Beecher R. Gray. I will need you all to be available as witnesses for the hearing. Please let me know as soon as possible if you have a scheduling conflict. Dave and Susan, I will need to meet with the two of you sometime within the next three or four weeks so that we can review Shaver et al. discovery requests. Please let me know when the two of you will be available. Thanks. ALQ/sam ep\4093 An Equal Opportunity / Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Manage James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director \(G, ent December 30, 1994 Jill Ray 1615 Morrison Road Concord, North Carolina 28025 Dear Ms. Ray: H DilliSN N Li ttSis i2 .Y 4 xaa kXN ketI EStraj[ R d f .1 1SFH E SUBJECT: NPDES Permit No. NC0067644 Rocky River Run Subdivision Mecklenburg County Thank you for your interest in the notice of intent to issue an NPDES permit for the discharge of wastewater from the Rocky River Run Subdivision that was published in August in the Charlotte Observer. I have been asked to respond to your request for a public meeting and to advise you on the status of the proposed permitting action. The August public notice of intent to issue the permit stated that the receiving stream for the discharge had no flow under low flow conditions. However, this statement is in error as the flow has been determined to be p©sitiye,.as- onfirwedhby the_United States Geologic; Sury win December 1991 when this permit was last being reviewed for reissuance (copy attached). In response to your concerns on the ability of the system to maintain compliance with the stringent effluent limits, there are other similar facilities currently operating in compliance these stringent limits. The operator of the system is responsible for complying with the permit limits, however, the Division will conduct oversight to ensure compliance is attained. The proposed facility is classified as a class II wastewater treatment plant. In accordance with the regulations, this classification requires that a certified operator visit the facility at a minimum of once per week. You are correct that visitation is not mandated on holidays, however, compliance with permit limitations is required. Additionally, to address the concern with power outages affecting the operation of the facility and again in accordance with regulations, the Division requires that stand-by power be provided or that the applicant demonstrate that the system will not impact the receiving stream during power failures. In the case of this permit, stand-by power was required. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NPDES Permit NC0067644 December 30, 1994 Page 2 As you are aware, the North Carolina General Statutes mandate that the most environmentally sound of the economically reasonable alternatives be permitted. The economic evaluation must include operational as well as captial costs for the available alternatives. Included in the capital costs are such items as the sewer, the treatment facility and would include any land access/easement costs for the sewer alternative. As a result of the distance and difficult construction conditions, along the creek, the alternative to connect to the sewer is not considered to an economically feasible alternative at this time. Since the notification published in the newspaper did not contain the correct information, the proposed permitting action is being re -noticed on December 15, 1994 to ensure that the public has the correct information upon which to submit comments. Upon closure of the notice period, if there remain significant concerns associated with the proposed actions, the issues will be forwarded to the Director for consideration of holding a public meeting regarding the permit renewal. The complete files on the past permit decisions are available in Central Files and Archives (for files predating 1990), in Raleigh. If you wish to view these files, the offices are open from 8 AM until 5 PM during the week. Again, thank you for your interest in water quality and I apologize for any misunderstanding the error in the original public notice created and for this delayed notice. Attached for your information is a copy of the corrected public notice that is being published. If you have questions or would like to discuss the Rocky River Run Subdivision project further, please call Susan Robson at 919/733-5083. Sincerely, David A. Goodrich, Supervisor, NPDES Group cc:, Permit File Station N Location \. a Lat. 3S° 14' a9 Quad No. C- Irp-NL HUC CD3©4c,105 Average Discharge: Estimated using C EI\ Minimum Discharge: day I J -year re 30 day -year re FOR -WATER —SUPPLY STATISTICS Type Station " . Data Index I-A-C)WTyac C l=1 M, N ©P PIIEN N C y/D kkLr1 ✓ State NRCD 0 3 G 1 l 11.7grainage Area 6'4 w Ly cfs. (,3g e interval cfsm. 0.05 cfs. to + % ( ) e interval cfsm. Q, 05 cfs. to + % ( ) --i day ! © -year recurrence interval cfsm. Q, 05 cfs. to - z ( ) Min. 7 day 2. -year recurrence interval cfsm. 0,04 cfs. to + 7. ( ) ise Eawti),-+cn River at D.A. sq mi. Type Creek near Remarks: River at D.A. sq mi. Creek near Rider at Creek near D.A. sq Computed by Checked by Reviewed'by a) Estimate is based on records collected at or near the site. The range indicates approximate interval in which the actual valuemay lie. (b) Estimate is based entirely on runoff observed at nearby streams. (c) The error in this estimate probably axc„eads accurary of the method and therefore only a range Ls given. (R) Regulated (N) Natural date data date / Z rtt rc' E. POTW Connection Condition (1) The perrnittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. (2) If the peinnitted treatment facility is not built within a year of the effective date of this permit, the pernittee shall submit an updated cost analysis assessing then -current alternatives, especially sewer connection. F. Phased Construction Condition If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80%© of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. G. Alternatives Analysis Condition For this permit to remain in effect, the Permit Holder shall submit an engineering evaluation demonstrating that no reasonable alternative to surface discharge is available. The deadline for the evaluation is one year from the effective date of the permit. PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 1/30/95 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 1/14/95 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 27626-0535, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. !--vA. Preston Howard Jr., P.E., Director I` Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: 1. NPDES No. NC0067644. Samuel P. Malone, Jr., P© Box 1139, Matthews, NC 28106 has applied for a permit renewal for a facility located at the Rocky River Run Subdivision WWTP at the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County. The facility discharges 0.020 MGD of treated domestic wastewater from one outfall into Caldwell Creek, a Class C stream in the Yadkin -Pee Dee River Basin which has a 30Q2 flow of 0.05 cfs. Dissolved oxygen, B©D5, and ammonia are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Managemen James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr,, P.E., Director \Vi December 30, 1994 Senator Fletcher L. Hartsell, Jr. 22nd District P.O. Box 368 Concord, North Carolina 28026 - 0368 Dear Senator Hartsell: HNF p x' N 0 i N- , DEPT, OF' ENT<V 1`R ENT, 1. EIRESOURCES �+i 995 P V'e"a? N GE' ENVIRONMENTAL MANAGEMENT kiatiitESVILLE EtEGiiiPAL OFFICE SUBJECT: NPDES Permit No. NC0067644 Rocky River Run Subdivision Mecklenburg County Thank you for your interest in the notice of intent to issue an NPDES permit for the discharge of wastewater from the Rocky River Run Subdivision that was published in August in the Charlotte Observer. I have been asked to respond to your request for a public meeting and to advise you on the status of the proposed permitting action. The August public notice of intent to issue the permit stated that the receiving stream for the discharge had no flow under low flow conditions. However, this statement is in error as the flow has been determined to be positive, as confirmed by the United States Geologic Survey in December 1991 when this permit was last being reviewed for reissuance. Additionally, please be advised that this is not currently an operational facility. The authorization to construct was issued under the last permit, however, construction has not commenced at this time. I believe the facility to which you were referring in your letter was the Howell's Child Care wastewater treatment plant. As a result of on -going compliance problems and the extension of sewer to service the Howell's Child Care facility, it has in fact been eliminated. However, this sewer is not considered to be an economically feasible alternative to the Rocky River Run subdivision as a result of the distance and difficult construction conditions to gain access to the sewer. Since the notification published in the newspaper did not contain the correct information, the proposed permitting action was re -noticed on December 15, 1994 to ensure that the public has the correct information upon which to submit comments. Upon closure of the notice period, if there remain significant concerns associated with the proposed actions, the issues will be P.o. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NPDES Permit NC0067644 December 30, 1994 Page 2 forwarded to the Director for consideration of holding a public meeting regarding the permit renewal. Again, thank you for your interest in water quality and I apologize for any misunderstanding the error in the original public notice created. Attached for your information is a copy of the corrected public notice that is being published. If you have questions or would like to discuss the Rocky River Run Subdivision project further, please call Susan Robson at 919/733-5083. cc Permit File Jill Ray Sincerely, avid A. oodrich, Supervisor, NPDES Group PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed below effective 1/30/95 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 1/14/95 . All comments received prior to that date will. be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed penult. A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina 27626-0535, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Date !-✓A. Preston Howard Jr., P.E., Director ` Division of Environmental Management Public notice of intent to issue a State NPDES permit to the following: 1. NPDES No. NC0067644. Samuel P. Malone, Jr., P© Box 1139, Matthews, NC 28106 has applied for a permit renewal for a facility located at the Rocky River Run Subdivision WWTP at the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County. The facility discharges 0.020 MGD of treated domestic wastewater from one outfall into Caldwell Creek, a Class C stream in the Yadkin -Pee Dee River Basin which has a 30Q2 flow of 0.05 cfs. Dissolved oxygen, BOD5, and ammonia are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Samuel P. Malone Sam Malone and Associates P.O. Box 1139 Matthews, NC 28106 Dear Mr. Malone: June 30, 1994 N.C. DEPT. OF ENVIRONMENT, HEALTH, & NATURAL RESOURCES JUL it 1994 Subject: Permit No. AC0067644 Authorization to Construct Rocky River Run Subdivision Wastewater Treatment Facility Mecklenburg County A letter of request for an Authorization to Construct was received February 4, 1994.by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a 0.020 MGD extended aeration type wastewater treatment facility which consists of a manual bar screen, a 5,000 gallon flow equalization basin, a v-notch weir flow measurement device, a 25,055 gallon aeration tank, two clarifiers at a total of 4,765 gallons, a 5,335 gallon aerated sludge holding tank/digester, two positive displacement blowers with a capacity each of 125 cfm at 5 psi, two tertiary filters each with a surface area of 14 square feet, a 655 gallon chlorine contact chamber with tablet chlorination, a tablet dechlorinator and diffused post aeration tank at a total of 655 gallons, and all the necessary piping, valves, electrical fixtures and appurtenances needed for proper operation and compliance with the NPDES permit with discharge of treated wastewater into Caldwell Creek. This Authorization to Construct is issued in accordance with Part III, Paragraph A of NPDES Permit No. NC0067644 issued April 8, 1993, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0067644. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Mooresville Regional Office, telephone number 704-663-1699, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until. 5:00 p.m. on Monday through Friday, excluding State Holidays. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0067644 Authorization to Construct Mr. Samuel P. Malone June 30, 1994 Page 2 Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least 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 grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50c/o complete. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. The sand media of the tertiary filters must comply with the Division's sand specifications. The engineer's certification will be evidence that this certification has been met. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction.. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Randy Kepler, telephone number 919/733- 5083. Sincerely, Preston"Ilirvvard, Jr., P.E. cc: Mecklenburg County Health Department a Quality Training and Certification Unit Permits and Engineering Unit Permit No. NC0067644 Authorization to Construct Mr. Samuel P. Malone June 30, 1994 Page 3 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, , for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date G EO1 OG [ 7 V 8D03%'30" f It 39(O1©m N, Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCE DIVISION OF ENVIRONMENTAL MANAGEMENT TrAT�, PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DEC tanf4twttt 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Rocky River Run Subdivision WWTP the end of Mar'stone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell 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 September 30, 1999 Signed this day A. Preston Ho d . .; Director Division of Environment Management By Authority of the Environmental Management Commission Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: 1. Make an outlet to Caldwell Creek, construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued June 30, 1994 located at Rocky River Run Subdivision WWTP, the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. DEPARTMENT U1- 1 1-it 11V 1 t.tf1VK GEOLOGICAL SURVEY I • U► Sc NA RCS: A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0067644 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, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg. 0.020 MGD 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 7.5 mg/I 45.0 mg/I 400.0 /100 ml 17.0 ug/I Monitoring Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Daily Weekly * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/l. Requirements Sample Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E, U, D E E, U, D U, D The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0067644 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 pennittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg, 0.020 MGD 10.0 mg/I 30.0 mg/I 4.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I 400.0 /100 ml 17.0 ug/I Monitoring Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Daily Weekly Requirements Sample Type Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E, U, E E, U, D U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0067644 E. P©TW Connection Condition (1) The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. (2) If the permitted treatment facility is not built within a year of the effective date of this permit, the permittee shall submit an updated cost analysis assessing then -current alternatives, especially sewer connection. F. Phased Construction Condition If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80%© of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. G. Alternatives Analysis Condition For this permit to remain in effect, the Permit Holder shall submit an engineering evaluation demonstrating that no reasonable alternative to surface discharge is available. The deadline for the evaluation is one year from the effective date of the permit. SOC Priority Project: Yes No X If Yes, SOC No.: To: Permits and Engineering Unit Water Quality Section Attention: Susan Robson Date: March 17, 1994 NPDES STAFF REPORT AND RECOMMENDATION County: Mecklenburg Permit No. NC0067644 PART I _ GENERAL INFORMATION 1. Facility and Address: Rocky River Run Subdivision Sam Malone and Associates Post Office Box 1139 Matthews, North Carolina 28106 2. Date of Investigation: March 16, 1994 3. Report Prepared by: Kim H. Colson, Environmental Engineer I 4. Persons Contacted and Telephone Number: N/A Directions to Site: From the intersection of NC Hwy 24-27 and SR 2810 (Rocky River Church Road) travel north on SR 2810 approximately 1.1 miles. Turn right onto Marlstone Lane. The proposed subdivision is located at the end of Marlstone Lane. 6. Discharge Point(s), List for all discharge points: Latitude: 35° 14' 29" Longitude: 80° 37' 13" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: G16NE U.S.G.S. Quad Name: Midland, NC 7. Site size and expansion area consistent with application? Yes. 8. Topography (relationship to flood plain included): Moderate sloping; the proposed WWTP appears to be located just above the 100 year flood plain. 9. Location of nearest dwelling: None present; however, several building approximately 300 feet from the proposed thin 500 feet at ots are WTP. located 10. Receiving stream or affected surface waters: Caldwell Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin - Pee Dee 030711 Page Two c. Describe receiving stream features and pertinent downstream uses: Small creek with rocky bottom. 7Q10 flow is probably 0 cfs; however, 30Q2 flow is probably > 0 cfs. General "C" classification uses downstream. PART II — DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.020 MG➢ (ultimate design capacity) b. Current permitted capacity of the wastewater treatment facility: 0.020 MGD Actual treatment capacity of the current facility (current design capacity): N/A d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e . Please provide a description of existing or substantially constructed wastewater treatment facilities: N/A Please provide a description of proposed wastewater treatment facilities: Proposed WWT facilities consist of influent flow equalization, an extended aeration package type WWTP, tertiary filters, chlorine disinfection, dechlorination, and diffused post aeration. The extended aeration package type WWTP includes an aeration basin (diffused air), clarifier, and aerated sludge holding basin (diffused air). g . Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify ➢EM Permit No.: N/A Residuals Contractor: N/A Telephone No.: N/A b. Residuals stabilization: N/A c. Landfill: N/A d . Other disposal/utilization scheme (Specify):, A formal sludge disposal plan has not been finalized; however, the permittee has contracted with EWS to operate the WWTP. EWS utilizes Roto Rooter to dispose of residuals from other WWTP in the area. Roto Rooter disposes of the residuals at a CMUD WWTP. Treatment plant classification (attach completed rating sheet): Class II I Page Three 4. SIC Code(s): 4952 Wastewater Code(s) Primary: 05 Secondary: Main Treatment Unit Code: 06107 PART III — OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxic requests: N/A Important SOC, JOC or Compliance Schedule dates (Please indicate): N/A Y) 4. Alternative Analysis Evaluation: An alternative analysis has been completed and reviewed by DEM. 5. Air quality and/or groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality, or groundwater: There are no known air quality, groundwater, or hazardous materials concerns. 6. Other Special Items: N/A PART IV — EVALUATION AND RECOMMENDATIONS The permittee, Sam Malone and Associates, has applied for permit renewal for the Rocky River Run Subdivision WWTP. The permittee has also requested an Authorization to Construct which has not been issued. It is recommended that the permit be renewed as requested. Signature of report preparer R Water Quality Date ona 1 upervssor DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 535°5°' E. 537 . ate of meart ©f ar©n©ament, Health and Natural Resources Division of Environmental Management James B. Hunt;Jr., Governor Jonathan Howard, Jr., P Eta Prest Samuel P. Malone, Jr., Owner Samuel P. Malone, Jr PO Box 1139 Matthews, NC Dear This March 7, 1994 NPDES Permit Application Subject: 44 NPDES Permit NO.NC© ocky River 28106 following documents o e receipt of the acknowledge Engineering Proposal (for proposedApplication Form control facilities) Request for permit renewal, ics Alternatives Fee of ©©� Processing Analysis, Economics Engineering Hoff, Local Government Sig Source Reduction and Recycl Interbasin Transfer, Other needed before review can beg-P: The items checked below are Application Form Engineering proposal (see a Application Processing Fee or ,_.... of Authority (see at Delegation Biocide Sheet (see attached) Analysis Engineering Economics Alternatives Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other h e t) , died) -Telephone 919-733-7015 FAX 919-733-249h 50precycled/ 9 pee -consumer FAX 535, Raleigh, North Carolina 27620-0535 p,0, Box 29 ive Action Employer An Equal CPPortunity Affirm 111/11rFallication has been assigned to (995©83) of our Permits Unit for (91g/�33- questions or comments recommendations q e � u e I per i copy of this report and recommendationsapplications, a staff rep regarding this Supervisor prepare uestions discharge. If you have anYegs©n listed above. the review P scerely please contact Coleen H. Su regarding made complete within thirty (30) days, it will be is not when complete. e pplication be resubmitted san R°ie a•rrse• o any n necessary for the nto you and may u eve other C°m application. Office review of the aPP that our Regi°nal © this letter, requesting r ga by CC. ins, P.E. A. Sanitary, Jaily aveiofe It. Cooling water, etc., daily ay crag (. (Aber discha1se(,5), daily aN, ra g, ). 1\daximunt per otteratine, clay for combined hare types) ..., ..,cli)4 'te•2 e) ,,. 9(f) rrNt.„„)Ist11-1 (L.:A R)LINA DI1PARTN111(\11' Oh ENV11.4)NMRNT, 1111AI:1*f I, ANL) NATURAL. Rh.SOURCI::,11 11NV I ItONNI INT.A I., M A N AGEM ri.f)T1 (.1(1:W11\115:31u ki NATIONAL., POLLUTANT DISCFLA RGL 11111\11 NATION SYSTFM A PP IC,17\ Tric)N1 FOR ,PL1RM IT TO k)6OI IA RC'. I", - SHORT FORM h) . . „ To 1.7e. filed only by services, wholesale ;-iiirl retail trade, and other commercial establ1slanents including vessels 110 not attempt' to complete this form without reading the accompanying instructions Please.plint or type f\laine, artdre,s, nod telophone n‘unkTi 01 6.1Hl0y producing discharge A. Nome Run River Run ft shiTtilddre River Run Court ....,.. 6itYL40.r1„Otte__.:____„„ SIFIte E., Co ill ILyM.ciIJ1b11rg 9, /11 Teiephol le N. Area Code 2, SiC (if known Nt„iruher of employees, Nature of businest Private WWTP Serving Residential Subdivision (r)) Check here if discharge tax tirs all year (0) Check the mon1.11(5) discharge occurs: Wary 2, 6 7. . November behrtiary V 8. )ccember (c) I lovv many clays iier week^. 2-3 3, or !VI 4. 9. April 5. September 10. XI 6-7 6. Typett or waste water discharged to surface lVatCIStly (ClieCk as applicable) Ma October Flow, gallons per 01;7)„rati—rtF,Rry VTie treated before triziTtging Le., 4500 in Et.^t»er box i.e 85% in )rt»er box I:tischarge per 000- 5000(0000 - ^ 1.1- 30- 65- 975 - operating day - 1999 9999 49,999 orrouro 1 29,9 64,9 949 \9 (1100(,)) C2) C_3/ (7) 8 8,000 8,000 100 it any or 11-le typys ,,,vilSk! 6, eillier (reale(' or lin! boated, ar1( (11SChall_;0,1 1(,) plac(.$ other surfac,:e \yaks's, check beic,i\y as applicable, WaSfe VVfl ICI iS diSeflarged 10: A fvt t, er „ „ flj,,ITY1111(:1 weil C„, lank klS1))(„S'all(S) [num.\ or pond M. Other, specify: ft fj (if discriark(,e A. !ono ,,17izTi‘t 50m), 99(19 (3) Caldwell Creek ). I 10,000- 50,000 or (19,999 more LI) (5) I (I, 1 )(res. yoiir contain (ii jI possil)1/. f()1 'UU I Ii IUMIHRHJH(1I in()ro ()( (0110(vin; .i.'(uhr.(lances added fk rest of your operations, .<•ictivi ties, or iii()cessys: cyanide, aluminum, beryllium, carirnirmi, chrriminm, copper, 'rail, men -airy, ii kl Inhiw zinc, plionols, oil rind grease, rind clilorinci (residual). A, yes 11, 'X:1 no certify that 1 arri f niliar (vitli Ilo inftxrinrition conlained in 1.11,( ;Ind 111;11 to llit( hesI of my (ialowlerige and 1-)c.dier R,ch Samuel P. Malone, Prii Ipd norne of Person Signing Owner Hu(' February 281994 Date A pplic.A lion Signed 2,ria1irre of Applicant North Carolina General Statute. 1.(13-2[56(11)(7) provides Ina t; Ali' person who knowingly makes any fake (it..atement representation, or certification 10 rrry application, recon e report, plan, or other (ocumera ri'es or re(piim:1 to be maintaMecl under Article 21or regulations of the Penviroilinclital Marrrnerit Conurtission implergebting that Article, or who fakifies, tamper will), or knowly renders inaccurate any I" ecordin,g or rirorrihuing devisee rnet110(.11(!qUillA.1 to he operated or maintained under Article 21 or regulations ot the Pnvironmental Maria.!,ement (.7.Soirsnission implemei iting that Article, shall be guilly of a nliscleploartor )iinishable by a fine not to exceed $1,0,000, or by impriSomneill not to exceri„ six montl is, or by both. (18 .LS.(2. Section lOril proviLles plinISIsiusll, by a fine of oi nime (Iran $10,000 or imprisonment no( more than 5 years, or boll( for a similar off(s)se,) Permit No. NC0067644 STATE OF NORTH CAROLINA DEP. tOF,NVIRONMENT, HEALTH, AND NATURAL RESOURCES storatotoANRi teN OF ENVIRONMENTAL MANAGEMENT PERMIT AUG 9 19" TO DISCHARGE WASTEWATER UNDER THE 6iAU 1Ofi E51 �� **t LUTANT 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Rocky River Run Subdivision WWTP the end of Marlstone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell 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 September 30, 1999 Signed this day A. Preston Howard, Jr. ` .E.,"Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: 1. Make an outlet to Caldwell Creek, construct a 0.020 MGD wastewa described in the Authorization to Construct i authorization- con Cruet romµtheDIVision ©t Envud design- mod ica ion& tosaid4reatmeaat Rocky WWTP, the end of Marlstone Lane off NCSR 281©, north of Allen, ? Part III of this Permit), and w,`,�� d er Run Subdivision ecklenburg County (See r QcIt kC. t 2. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. Nor LJE.rAll 1 MCIN 1 yr L,r',vrr GEOLOGICAL SURVEY 4 80' 7' 3©" 135D0 '" E. t 43fi 537 • 35' 15=1- A. ( ). El-PLUENT LIMITATIONS AND M©NIT©RING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0067644 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, 20°C Total Suspended Residue NI13asN Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Llmltationa Monthly Avq. 0.020 MGD 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg, Daily Max 7.5 mg/I 45.0 mg/I 400.0 /100 ml 17.0 ug/I Monitoring Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Daily Weekly Requirements Sample *Sample Type Location Instantaneous 1 or E Grab E Grab E Grab Grab E, U, D Grab E, U, D Grab E Grab E, U, D Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstreatn at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0067644 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 Discharge Limitations Monitoring Requirements Measurement Sample *Sample Monthly Avg, Weekly Avq, Pally Max Frequency Tyne Location Flow 0.020 MGO Weekly Instantaneous I or E BOD, 5 day, 20°C 10.0 mg/I 15.0 mg/I Weekly Grab E Total Suspended Residue 30.0 mg/I 45.0 mg/I Weekly Grab E NH3 as N 4.0 mg/I Weekly Grab E Dissolved Oxygen** Weekly Grab E, U, D Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml Weekly Grab E, U, D Total Residual Chlorine 17.0 ug/I 2/Week Grab E Temperature Daily Grab E, U, D Conductivity Weekly Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. SOC Priority Project: Yes No If Yes, SOCIt: To: Permits and Engineering Unit Water Quality Section Attention: Randy Kepler Date: March 4, 1994 AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AN➢ RECOMMEN➢ATIONS County: Mecklenburg Permit No. AC0067644 PART I - GENERAL INFORMATION Facility and Address: Rocky River Run Subdivision Sam Malone and Associates Post Office Box 1139 Matthews, North Carolina 28106 2. Date of On -Site Investigation (if conducted): N/A 3. Report Prepared by: Kim H. Colson, Environmental Engineer I 4. Persons Contacted and Telephone Number: N/A 5. Verified Discharge Point(s), List for all discharge points: Latitude: 35° 14' 28" Longitude: 80° 37' 14" Attach a USGS map extract and indicate treatment facility site and discharge point on map. Ensure discharge point(s) correspond to NPDES permitted discharge points. U.S.G.S. Quad No.: G16NE U.S.G.S. Quad Name: Midland, NC Site size and expansion area consistent with application: Yes. 7. Topography (relationship to flood plain included): Flat to moderate slopes; the WWTP appears to be located just above the 100 year flood plain. 8. Location of nearest dwelling: None within 500 feet at present; however, several building lots are located approximately 300 feet from the proposed WWTP. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Existing treatment facility Current permitted capacity of the facility: 0.020 MGD Page Two b. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two (2) years: N/A c. Actual treatment capacity of the current facility (design volume): 0.020 MGD Please provide a description of existing or substantially constructed wastewater treatment facilities: N/A 2. Please provide a description of proposed wastewater treatment facilities: Proposed WWT facilities consist of influent flow equalization, an extended aeration package type WWTP, tertiary filters, chlorine disinfection, dechlorination, and diffused post aeration. The extended aeration package type WWTP includes an aeration basin (diffused air), clarifier, and aerated sludge holding basin (diffused air). Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM permit no.: N/A Residual Contractor: N/A Telephone No.: N/A b. Residuals stabilization: PSRP PFRP Other c. Landfill: N/A d Other disposal/utilization scheme (Specify): A formal sludge disposal plan has not been finalized; however, the permittee has contracted with EWS to operate the WWTP. EWS utilizes Roto Rooter to dispose of residuals from other WWTP in the area. Roto Rooter disposes of the residuals at a CMUD WWTP. 4. Treatment plant classification (attach completed rating sheet): Class II SIC Code(s): 4952 Wastewater Code(s) Primary: 05 Secondary: Main Treatment Unit Code: 06107 6. Important SOC, JOC or Compliance Schedule dates: N/A PART III — EVALUATION AND RECOMMENDATIONS The permittee, Sam Malone and Associates, has applied for an Authorization to Construct for the construction of a 0.020 MGD WWTP to serve the Rocky River Run Subdivision. Page Three Stand—by power should be required since the facility is located on a zero flow stream. The current NPDES Permit requires daily monitoring. The permit should be modified to reflect a class II WWTP, which should have weekly monitoring. It i recommended that the Authorization to Construct be sued once the above mentioned concerns are addressed. nature of report preparer Water Date ualit+Regional Supervisor UN1ThL) JJHLL.J DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 80°7'30" 55°0°" 35' 15'+. ., 15 NARCa= LC A.T 1crisi TING SCALE FOR CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS Name of Facility: ZRtu.y Owner or Contact Person: S Ar Mailing Address: t-v►.�Y \ 3 County: f`i C.---Z GI-kzNj z c. Present Classification: x NPDES Per. No. NCO° (5 h4 Nondisc. Per. No.WQ Rated by:. Ktrn N, Cc7l_soi-1 /MZ© Telephone: Reviewed by: Health Dept. ORC: Check Classification(s): Subsurface Wastewater Classification: (Circle One) I Regional Office Central Office Grade: Spray Irrigation 1f II1 IV Zur► S3.- 1,1C 2 Telephone: 'k- �uR—Soz.4 New Facility �/ Existing Facility Health Dept.Per No. 3- (659 Date: Telephone: Telephone: Telephone: N/A Telephone: n)!a Land Application Total Points: Ur S ----------- mow ------ am, -------- amp ---------- amp --- am. ------------- MEN - MM. tiPLANT PROCESSES AND RELATED cargrRois FOUFMENLWHICHAPE A LINT GF &LPG Q MUSTRIAL NOT BE CONSIDERED WASTE TREATMENT FOR TI-E PLPP SE OF CLASSIFICKILSQ,SEPTIC TAW, MIDAS CONE:1MM CNLY S?f S F 11Q TAN AND t3FRAVITY MTRIFiCATicIN LNES ARE EXEMPT FROM CLASSIFiCATION, ----------------------------------------------------------- SLESSURFACE CLASSIFICATION (chock all units that apply) 1, septic tanks 2. pump tanks 3. siphon or pump -dosing systems 4, sand filters 5. grease trap/interceptor 6, oil/water separators 7 gravity subsurface treatment and disposal: 8. pressure subsurface treatment and disposal: SPRAY IRRIGATION CLASSIFICATION (check ail units that apply) 1, preliminary treatment (definition no. 32 ) 2. tsgoons 3, septic tanks 4, pump tanks S. pumps 6 sand filters 7, grease trap/interceptor •. oil/water separators 9 disinlectlon 10. chemical addition for nutrient/algae control 11. spray irrigation of wastewater In addition to the above classifications, pretreatment of wastewater In excess of these components shell be rated using the point rating system end will require an operator with en appropriate dual certification. LAND APPLICATION/RESIDUALS CLASSIFICATION (Apples only to permit holder) 1. Land application of biosoiids, residuals or contaminated soils on a designated site. ------------------------------------------------------------- WASTEWATER TREATMENT FACWTY cussinacnoN The fo41owing systems shall be assigned a Class I rixdficafion. mains the flow is of a significant quantlty or the technology is unusually complex, to require consideration by the Commission on a case-by<ase basis: (Check 1 Appropriate) 1. Oil/water Separator Systems consisting only of physical separation, pumps and deposit; 2. Septic Tank/Sand Fitter Systems consisting only of septic tanks, dosing apparatus, pumps.sand dinars, 6sinfection and direct discharge; 3, Lagoon Systems consisting only of prelminacy treatment, lagoons, pumps, disinfection, necessary chemical treatment for algae or nutrient cordrol, and direct dlac arge; 4. Owed -loop Recycle Systems; 5, Groundwater Remediadlon Systems consisting only of oil/water separators, pumps, air -stripping, carbon adsorption, disinlecxlon and deposal; 6, Aquac uttwe operations with discharge to surface waters: 7 Water Plant 'Judge handling and bads -wash waNr trealmerd; e, Seafood processing consisting of screening and disposal. 0, Single-tamlhr discharging systems, with the exception d Aerobic Treatment units, will be classified if permitted after July 1, 1993 or If upon inspection by the Division, Nis found that the system Is not being adequately operated or maintained. Such systems will be noshed of the classification or reclassification by the Commission, in writing. The following scale is used for rating wastewater treatment facilities: (circle appropriate poi ITEM POINTS (1) Industrial Pretreatment UnN. or Industrial Pretreatment Program (sae dsllndbn No. 33).....................+.......... ,... (2) DESIGN FLOW OF PLANT IN gpd (not applicable to non -contaminated cooing waters, sludge handing facilities for water purification plants, totaiy dosed cycle eystems(see definition No. 11), and fadlhies consisting only of hem (4)(d) or items (4)(d) and (11)(d)) 0 - 20.000.....,......+....,.....«.........»................................................«...........«.,............,.......+...... 20,001 • 60,000. ......«...._......................................«.......,_..........,......,..,....,..,............,.,+......,.., .3 60,001 - 1fi0 000. .,..,....._ «..,,..,....»............... .............. .................................<.....,,.,........ ...,......,.. 100,001 . 250.000.. ......................_...,.....,,......,..,,...,........,......,,........,+.,,.»_..+.....,...................,.,,...«......,' 5 250,001 • 500 000..,+...........+.,.,,.._.......................«..,,..,..,.+.....»...,..,..............,........_»...........................5 600.001 • 1.000 000.....,.+..........................+..........,....„,.,,...+.+..„....,.,.....,_....,.,......,»..........,_............ 1,000.001 • 2,000,000, ....................»«.,,,.»..,.,............,.....,.....,....,.........,.....+,...+....+....... ..»....,,.....1 0 2,000,001 (and up) rate 1 point additional for each 200.000 gpd capacity up to a maximum of .................30 Design Flow (gad) Z.. t., (3) PRELIMINARY UNITS/PROCESSES (see definikion No.32) (a) or Mechanical Screens. Static Screens or Comminuting Devies..._._..........._....+,...+........................................_.2 Grit Removal. or Mechanical or Mrted Grit Removal...............+..........,,,.........,..,...,,.,..............,..........,.. „.. _+.,.....,......+..,..,..2 Flow Measuring Device. or Instrumented Flow Mgsurement.............................................................................................................. Preaeratlon..........,__..«......................................................._..,..,_,.......,...,............,........,.....,.......,.... kdluers Flow Equalization.... ............................ Mechanical.. (1) (4) PRP.4ARYIREATMENT LN1TSSPROCESSES2 (a) Saptic Tank (see dolinitbn No. 43)...»_......................,..,..,.,..,.,......,.........,....._.+_...,+....+., .............,.....2 (b) knhofl Tank.........................................»............................................................................. (c) Primary Clarlllera.......................................... ........ ....... ................ .......................... ....5 ....................... (d) Settling Ponds or Senling Tanks for Inorganic Non•toxlc Materials (sludge handling facilities for water purification plants, sand, gravel, stone. and other mining operations except recreational activities such as gem or (5) SEA►Fit'TREEoldirm*n2 Tng).................... ...................................................................................+..,. (a) Carbonaceous _ (I) Aeration -High Purity Oxygen System.........._.........._...................._............................ DiffusedAir System.............................g or rot........................................................................10 Mechanical Air System (fixed. floatinor)....._.................._..._..._..._..._.................43 Separate Sudge Rsaerslton....................._...,...__,...,..._........,,............................,.....,.. (II) Trickling Filter High Rate.. .7 StandardRate...........................................+...................................................................5 PackedTower ............... ................................................................................... Bbloglccal Aerated Filter or Mrated 8btogtcai Futa.--......................................--........1 --tit (6) Prech lorinat b n .................+. (III) (Iv)..................orore1 ............. 0 (v) Rotating Biological 'Contact —ors, ..............................._...,._........._..,......,....... 2 (vI) Sand Filters •Interminem biologlcal....................................................._...........+.............1 Recirculatingblological................................................_................................................. 3 (vll) Stabilization Lagoons .............................................._............................ (vill)Cider. ..... ............. .... ......................................... .......................... al of (la)n�.....so►m..'and d�.el. by nitrification definition No. I2j(Pointthis Uhave to be in dtonto horns (5)(a)(I) through (5)(a)(0l), utilizing the extended aeration process (sae definition No.3a)........................................ utilizing other than tha extended aeration pnxsss................................_....._.............._...0 Nutrient additions to anhanca BOD removal. ........ (Itxl) Bbbgkal Culture (super Bugs•)addNbn.......... ........................................ (b) Nitrogenous Stage » ...... ,...„„2 (1) Mratbn - High Purity Oxygen System.» ....... ......._...... ,... _..» Defused Air System......._...........»..+......................»..»...150 Mechanical Air System (fixed, floating or rotor).........._-.. ............._......-._................ .8 SeparateSludge Rparasbn...................................-.................-......................................7 (II) Trickling Fitter -High Rate............................_....................................—.............................5 Standard Rate................—...................................................-.......... PackedTower.,.........................................................................10 q M Biological rated Filler or Mratsd Biological Filter.. - ..... (iv) Rotating Biological Contactors.. .................................................• ............... 12 (v) Sand Filter - Intermittent bktloglcal..........................................._......................................2 Recirculating biological..........................................._......................_.......... .5 TBTTIARYOR�ADVANCED TREATM9 TlNi1�5 (a) Activated Carbon Beds - without carbon regenerarelon..................................................».............._....................._........5 uAthcarbon regensratbn............................._+_.................._-_... ..»....»..._..........-.-....15 (b) Powdered or Granular Activated Carbon Feed 5 *Shout carbon regenilratbn.............._..........................._»...........--............_...._.........». stripping.. tgen h carbon reeration..........._............_...........................-...._....».................................15 Air .._..........................._----.-..............—........ 5 Denitrtficae*on Prooaas..._................_.........__.._........................»................«........._....«.....---._.__......10 F1ec1 FoamSaa�bR_ .....- - ::..................� w..-....:„......�:::..-.--...-.......�.............................a IonExchange ................_. ...,...._...................:................-..._....................._..... Land Application of Treated Eflluert (sae detkhR)on No. 22b) (rot spplcabl for sand, gravel, store and other similar mining op.rations) by high rate Hetraibn._..._..._........._........_--._..._..._......_.--._..._. S Mkroscreens......_ ... .........................................................._.--.5 Ptosphorous Phosphorous Removal by Bi©lagicai Processes (see dMnition No.2i3j................................................ N..... 2 Polishing Ponds • without aerat*on.........._...—..................................._.-........-.................................W--_....5 (d) (I) (h) (I) Post Aeration • cascade.. diffused or mechanical.. (m) Revers* Osmosis. (n) Sand or Mixed -Media Filters • low rats..,. ....... ......»....,......»......,............,.,.,...........,...,...,........,.....,....,..,.. highrate,,....,,»,.,.......».......................................... (e) Treatment processes for removal of metal or cyanide. (P) treatment processes for removal of toxic motorists other than metal or cyanide............................................. (7) SiURGETREATMB4T (a) Sludge Digestion Tank - Heated (anaerobic). ..1 0 Aerobic ..5 Unheated(anaerobic)..........................».........»....,..,.,..........................,......,.....,,....................,.........,........3 (b) Sludge Stabilization (chemical or thermal).........................................................................,......................,.,5 (c) Sludge Drying Sods - Gravity...........................................................................................................„...,.,.,..2 VacuumAssisted.................................«....,........»............,......,.................,..,,,.............,......,.....,..,...,,...,....5 (d) Sludge Elutriation...... ... .... 5 (a) Sludge Conditlonsr (chemical or therrnal)...................................................„,..........................,....,.....,...,,..5 (I) Sludge Thickener(gravity)...............................»,..,..........,.....,,...»,.....,,,........,....,..................,.......»..,.,....,..5 (g) Dissolved Alr Flotation Unit [not applicable to a unit rated as(3)(i)).................................................»....,."....8 (h) Sludge Gas Utilization (including gas storage)...............».,..,...,....,.,.,....,...,........,....,..,,..,..,...,.....,............. (1) Sludge Holding Tank Aerated_ Non-aerated ........... ..... . (j) Sludge Incinerator (not Including activated carbon regeneration). 10 (k) Vacuum Filter, Centrifuge. or Fitter Press or other similar dewatering devices.. (8) RESIDUALS UTILLZATION/OISPOSAL (inducing Incinerated ash) (a) Lagoons. (b) Land Application (sunace and subsurface) (see definition 22a) by contracting to a land application operator or landfill operator who holds the land application permit or landfill permit. 2 (c) Dedicated Landllli(burlal) by the permlttee of the wastewater treatment facility- ...5 DBINFECMN (9) (a) Chlorinatlon.........................«..,.......«.,,................,.....,............„,....................,..,.,.....»....,,.,,.....,.......„.... 5 (b)CMchlorination................»...,........,....,,.........,.,,.,.,...............,.«,...«,,.,,,,,......,,......,..,...,,, ,...,.,..,.,.....,.... ,� (c) Ozone .....................................................»......,.,...,.....,,........,,..,.........,..,.,...,.,......,.,.....,.......,...,...,,....... (d) Radiation.......................................«...,............,,......,.,.,....,..............,........,....«..,...,............,..,..,,,...,..........5 (10) CHEMICAL ADDITION SYSTEM(S) ( see defintlon No. 9) [nod applicable to chemical additions rated as Item (3)(j), (5)(a)(xi), (6)(a), (6)(b), (7)(b), (7)(e). (9a), (9)(b) or (9)(c) 5 points each: List............. ....... ............. ....... ......... ............................................................................».5 ............................ .................... .........».....,,...............,,.....,.....,.......,,.......,,.,.,...,.............5 .............................................................................................................................. «....5 ............ ..... .... ............ .........................................».......«..............,..........,.................. 5 (1 1) IASCE{LANEC1U LINTS+PROC..FSSFS (a) Holdup Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials Inducting wastes from mining ons containing nitrogen or phosphorus compounds In amounts significantly greater than is common �nestk wastewater. ...... .............. ... .... .... ............ ...4 (b) E luenl Fbw Equalization (rat applicable to storage basins which areinhenrt In land application syatems).....2 (c) Stage Discharge (not applicable to storage basins Inherent In land application systems).._.__.__........_........., (d) (a) (1) y. Corot Device................................................................... TOTALPOONT3 ...................................................................... cIFCCATICN Cbasi..................................».«,...........,..,........,.......,.......,.., ..,...„..,,,.....,,,...5-25 Points Class11............. ..........»..,.,....,..........,.................................,..................,..,....26-50 Points Ciwtsall............................................................«.......,..,............,,........,...,..,St-65 Points ClsesN...........................................................«...,...............,.,...,....,,.,,........66-tip Palms ------------------------------------------------------ Facilities having a rating of one through lour points, Inclusive, do not require a certified operator. Facilities having an activated sludge process veil be assigned a minimum classification of Class II. Facilites having treatment processes for tie removal of metal or cyanide will be assigned a minimum classification of Class II. Facilities having treatment processes for the biological removal of phosphorus will be assigned a minimum classification of Class III. --------- 11034 DEF1NiTIONS The following definitions shall apply throughout this Subchapter. (1) Activated Carbon Beds. A physicaVchemical method for reducing solublo organic material from wastewater effluent; The column - method will have a flow rats varylnp from two to eight gallons per minute per square fool and may be either upfbw or (kwnflow carbon beds, Carlson may or may not be regenerated on the wastewater treatment plant site; (2) Aerated Lagoons. A basin In which all solids are maintained In suspension and by which biological oxidation or organic matter is reducsd through artificialy acceleraled Wander of oxygen on a flow -though basis; (3) Mratbn. A process of bringing about IntImate contact between air or high purity oxygen In a ilquld by spraying, agitation or dtffusbn (3a) Extended Aeration. An activated sludge process utilizing a minimum hydraulic detention time of 18 hours. (4) Agrkuaurally managed sae. Any site on which a crop Is produced. managed, and harvested (Crop includes grasses. gralra. Wee*, ate.); (5) Ak Stripping. A process by which the ammonium bra is first dorws 1sd to dissolved ammonia (pH adjustment) with the ammonia then rebated to the atmosphere by physical means; or other similar processes which remove petroleum products such as benzene, toluene, and xylem; (8) Carbon Regeneration The regeneration of exhausted carbon by the use of *furnace to provkds extremely high temperatures which volatilize and Oxidize the absorbed impurities; (7) Carbonaceous Stage. A stage or wastewater treatment designed to achieve'secondary' effluent lanai; (8) Centrifuge. A mechanical device In which caltrfugal force Is used to separate solids from liquids on to separate liquids of afferent dandles; on Clsmletl AddSbn Systems- The addnlon of chemicat(s) to wastewater at an application plant for purposes of Improving solids removal, pH adjustment, ai alinhy control, etc.; the capability to experiment with dlfisren* chemicals and different application points to achieve a *pacific result whit be considered ons system; the capability to add chemical(s) to dual units will be rated as ons system; capability to add a chemical at a different *pptacatbn points for Moroni purposes will result In the systems being rated as separate systems; (10) Chemical Sludge Condltiorting. The additbn of a chemical compound such as !line, ferric chloride, or a polymer to wet sludge to coalesce the mass prior to Its application to a dswatering device; (11) Closed Cycle Systems Us* of holding ponds or holing taNcs for containment of wastewater containing inorganic, non -toxic materials from sand, gravel. crushed store or other similar operations Such systems shall carry a maximum of has points regardless a pumping facilities or any other appunersnces; (12) Combined Removal of Carbonaceous SOD and Nitrogenous Removal by Nkrffkatbn- A single stage system required to achlevs permit effluent limits on SOD and amrrnnla nitrogen within the cams biological reactor, (13) Dechiortnatbn The pantal or complete reduction of residual chlorine In a flqukd by any chemical or physical proc.ea; (14) Denhnlicatlon Process. The conversion of nitride -nitrogen to nitrogen gas; this (15) Elsctrodalysis. Process for removing ionized salts from wrier through the use o1 ion -selective ion -exchange membranes; (16) Fblet Press. A process operated mechanically for partially dewatering sludge; (17) Foam Separation. The planned frothing of wastewater or wastewater effluent as a means of removing excessive amounts of detergent materials through the Introduction of air in the form of fine bubbles; also called foam fractionation; (16) Grit Removal The process 0f removing grit and other heavy mineral manor from wastewater; (19) Imhoff Tank A deep two story wastewater tank consisting o1 an upper sedimereauon chamber and a lower sludge dlgealon chamber. (20) Instrumented Flow Measurement. A device which Indicates and records rate of flow; (21) ion Exchange. A chemical process in which ions from two different molecules are exchanged; (22) Land application: (a) Sludge Disposal. A final sludge disposal method by which wet sludge may be applied to land either by spraying on the surface or by subsurface injection (I.e., chisel plow); (not applicable for types of sludge described In (11) of this Rule); (b) Treated Etfluert. The process of spraying treated wastewater onto a land area or other methods of application of wastewater,orro a land area as a means of final disposal or treatment; (23) Microscreen. A low speed, continuously back -washed. rotating drum filter operating under gravity conditions as a polishing method for removing suspended solids Item efliuerl; (24) Nltr1ication Process. The biochemical conversion of unoxkdtzed nitrogen (ammonia and organic nitrogen) to oxidized nitrogen (usually nitrate); (26) Nitrogenous Stage. A separate stage of wastewater treatment designed for the specific purpose of converting ammonia nitrogen to nitrate nitrogen; (26) Phosphate Removal, Biological. The removal of phosphorus from wastewater by an oxr/anoxic process designed to enhance luxury uptake of phosphorus by the microorganisms; (27) Polishing Pond. A holing pond foaowlng secondary trsatmerl with sufiklerfl detention time to allow settling of finely suspended solids; (26) Post Aeration Aeration following conventional secondary treatment units to increase effluent D.O. or for any other purpose; (29) Post Aeration. (Cascade) A polishing method by which dissolved oxygen Is added to the effluent by a ronmschanical, gravity means of flowing down a pries of peps or weirs; The flow occurring across the steps or weirs stoves in a fairly thin layer and the operation of the cascade squires no operator adjustment; thus, zero points as assigned even though this Is an essential asp to meeting the limits of the discharge permit; (30) Powdered to Granular Activated Carbon Feed, A biophysical carbon process that utilizes biological activity and organic absorption by using powdered or granular activated carbon; Virgin or regenerated carbon is feed controlled Into the system; (31) Prwratbn. A tank constructed to provide aeration prior to primary treatment; (32) Preliminary Units. Unit operations In the treatment process, such as screening and comminution, that prepare the liquor for subsequent major operations: (33) fnduarial Pretreatment. (a) Ps-trestment Unit, industrial. The conditioning of a waste at es source before discharge, to snow or to neutralize substances Injurious to sewers and treatment processes or to effect a partial reduction In load on the treatment process which is operated by the same governing body as the wastewater treatment plant being rated; b) Pre-treatment Program, Industrial • must be a State or EPA required program to receive points on the sting sheet; (34) Primary Clarifiers. The first settling tanks through which wastewater is passed In a treatment works for the purpose of removing settleable and suspended solids and BOO which Is associated with the solids; (35) Pumps. All Influent, effluent and in -plant pumps; (36) Radiation Disinfection or sterilization process utilizing devices emitting ultraviolet or gamma rays; (37) Reverse Osmosis. A treatment process in which a heavy contaminated liquid b pressurized though a membrane forming rawly pus liquid ise from suspended solids; (38) Rotating Biological Contractors. A fixed biological growth process In which wastewater flows through tanks In which a series of partwy submerged circular surfaces are rotated; (39) Sand Filters: (a) Intermittent Biological. Filtration of effluent following septic; tanks, lagoons, or some other treatment process in which further biodecorrtpositbn b expected to produce desired effluents; Hydraulic loading rates on these fillers are computed in godac and have a resulting low gpmwsl (less than one); b) Recirculating biological • the same type of sand filter as defined In Subparagraph (39) (a) of this Rule with the added capability to recycle effluent back through the sand filter, (40) Sand or Mixed -Media Fitters. A polishing process by which aflame limits as achieved through a further reduction of suspended solids; (a) low rate — gravity, hydraulically loaded filter with loading rates In the one to three gprr range; (b) high rate — a pressure, hydraulically loaded fiber with loading rates in the five gpmvaf range; At any rate, the loading me wet exceed three gpm✓sl; (41) Secondary Clarifiers. A tank which follows the biological unit of treatment plant and which has the purpose of removing sludges associated with the biological treatment unhs; (42) Separate Sludge Reiteration A part of the contact stabfllzatbn process where the activated sludge I transferred to a tank and aerated before returning it to the contact basin; (43) Septic Tank A single -story settling tank in which settled sludge is In contact with the wastewater flowing through the tank; shall not be applicable for septic tank systems serving single family residences having opacity of 2,000 gaibrs or less which drscharge to a nitrification field; (44) Sludge Digestion The process by which organic or volatile muter and sludge is gasified, liquefied, mineralized or convened into more stable organic matter through the activity of living organisms, which includes aerated holing tanks; (45) Sludge Drying Beds. M area comprising natural or artificial layers of porous materials upon whist digested sewage sludge is dried by drainage and evaporation; (46) Sludge Elutriation. A process of sludge In which certain constituents are mmoved by (47) Sludge Gas Utilization The process of using sewage gas or the purpose of heating bulling', driving energirtes, etc.; a with lash water or plea effluent; (4a) Sludge Holing Tank (Aerated and Noraerated). A tank utilized for smart wastewater treat:nerd plants not containing a digester In which sludge may be kept fresh, and supernatant withdrawn prior to a drying method (i.e. sludge drying beds); This may be done by adding a small amount of air simply to keep the sludge fresh, but not necessarily an amount that would be required to achieve stabiltzatbn of organic matter. A nonaerated tank would simply be used to decant sludge prior to dewatering and would riot allow long periods (several days of detention) without resulting odor problems; (49) Sludge incinerators. A furnace designed to bum sludge and to remove ail moisture and combustble materials and reduce the sludge to a sterile ash; (50) Skin Siabhizriion (Chemical or Thermals A process to make treated sludge less odorous and putrescble, and to reduce the pathogenic organism oontentt his may be done by pH adjustment, chlorlre dosing, or by heat treatment; (51) Sludge Thickener. A type of sedimentation tank In which the 'ludo, Is permitted to settle and thicken through agitation and gravity; (52) Stabilization Lagoon A type of oxliafbn lagoon In which biological oxidation of organic matter is effected by natural transfer of oxygen to the water from air (not a polhhhg pond); (63) Stand -By Power Supply. On alto or portable electrical generating equipment; (54) Static Screens. A stationary screen designed to remove solids, Including non -biodegradable particulate (f ostable solids, suspended solids and B©D reduction) trom municipal and industrial wastewater treatment systems; (55) Tertiary Treatnert. A stage of treatment loltowing secondary which Is prkna tly for the purpose d effluent polishing; A attiring lagoon or sand or coal flttar might be employed for thb purpose; (56) Thermal Pollution Control Devoe. A device provldhg tor the Minder of haat from a fluid flowing in tubes to arother fluid outside the tubes, or vice versa; or other means of regulating fiqukd temperatures; (57) Thermal Sludge Conditioner. A conditioning process by which heat is added for a protracted period of time to krprovs the dswaterabfllty of sludge by the sohbiRzing and hydrauflzing of the smaller and more highly hydrated sludge particles; (50) Toil: Materials. Those wastes or combinations of wastes. Including disease -causing agents which after tischarge and upon exposure, Ingestion, Inhalation or assimilation into any organism. either seeettty from the environment or Indirectly by ingestion thuough food dales, will cause death, disease, behevlorai m abnormalities, cancer, genetic utations,dlphysiologOat mallunttbns (Including mUfurtctbrs h reproduction) or physical defonnalbre. in such organisms or their offepirg; Toxic materials induds, by way of Iluaration aril not Imitation: lead, cadmium, chromium, mercury, vanadium, arsenic, zinc, orlho-nitro•ctorobenzene (ONCB), polychlorinated bi(thenyl (PCBs) and dichbrodiphenyl irichiortathana (DDT); and arty other materials that have or may hereafter be determined to hive toxic (59) Trickling Filter. A bidog cat treatmert unit oorriating of a material such as broken store or rock over which wastewater Is dkxrbuted; A high nu trickll g inter k one which operated at between 10 and 30 m9d per acne. A low rate trickling filter is one which is designed to operate at one to four mad per ass; (S0) Trickling Fair (Packed Tower).A plug flow type of operation in which wastewater flows down through auecessM layers of media or nitrate maternal; ©rgaNc material is removed corthualy by the soda biological Rood growth in each successive layer. This method may produce !ajar, quality effluent, or may be adapted to produce a Nutted effluent; (11) Vacuum Finer, Certrtfuges, or Filter Presses. Devices which as designed to remove excess water from ether digested or undigested sludge prior to disposal or further treatment. tate of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary . Preston Howard, Jr., P.E., Director Stephen A. Gilbert, PE Sam Malone & Associates P.O. Box 1139 Matthews, NC 28106 Dear Mr. Gilbert: February 18. 1994 'rx�r�rnr.... , AT ukAr �' /FA Subject: Application Number AC0067644 Authorization to Construct Request Rocky River Run Subdivision Mecklenburg County The Division of Environmental Management, Permits and Engineering Unit, hereby acknowledges receipt of you request for Authorization to Construct wastewater treatment facilities in accordance with NPDES Perniit Number NC0067644. This application has been assigned the number shown above. Please refer to the application number when making any inquiries about this application. Your request has been assigned to Mr. Randy L. Keplerfor a detailed engineering review. Should any additional information be required you will be contacted in the near future. Please be aware that the Division's regional office, copied below, must provide recommendations from the Regional Supervisor prior to final action by the Division. CC: If you have any questions, please contact the review engineer at (919)733-5083. Sitce y, Coleen H. Sullins, PE Supervisor, Permits and Engineering Unit Pe nn%t File AC0067644 P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Samuel Malone Sam Malone and Associates P. O. Box 1139 Matthews, North Carolina 28106 Dear Mr. Malone: December 6, 1995 DEC 1 1 1995 11111SION OF ENVIRONMENTAL MANAGEMENT MOORESVILLE REGIONAL OFFICE Subject Issuance of NPDES Permit NC0067644 Rocky River Run Subdivision Mecklenburg County In accordance with your application dated February 28, 1994, 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 U. S. Environmental Protection Agency dated December 6, 1983. Please be aware that Special Conditions Part III, Paragraph E of this permit indicates that this facility must be connected to a publicly owned treatment works within 180 days of its availability if non-compliance has been documented for three consecutive months. In addition, Paragraph G of this same section indicates that each lot in the development must be evaluated for on -site disposal alternatives prior to construction. 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 that 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 requirement 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, ext. 551. Sincerely, A. Preston Howard Mr. Roosevelt Childress, EPA Permits and Engineering Unit Facility Assessment Unit Mecklenburg County Department of Environmental Protection Ms. Anita Quigless, Attorney General's Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT,, s, PERMIT TO DISCHARGE WASTEWATER UNDER THE DEC lI 9y NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM_wflaI OF ENVIRONMENTAL MO©REMILE 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Rocky River Run Subdivision WWTP the end of Marlstone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell 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 January 1, 1996 This permit and the authorization to discharge shall expire at midnight on September 30, 1999 Signed this day December 6, 1995 A. Preston Howard, Jr.,. ,director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: 1. Make an outlet to Caldwell Creek, construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued June 30, 1994 located at Rocky River Run Subdivision WWTP, the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. UfN 1. ll 51A1h5 DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY A. ). EFFLUENT LIMITATIONS AND MONIT©RING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0067644 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, 20°C Total Suspended Residue NH3 as N Dissolved oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg, 0.020 MGD 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 7.5 mg/I 45.0 mg/I 400.0 /100 ml 17.0 ug/I Monitoring Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Daily Weekly Requirements Sample 'Semple Type Location Instantaneous I or E Grab Grab Grab Grab Grab Grab Grab Grab E E E E, U, D E,U,D E E,U,D U,D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mgfl. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0067644 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, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg. 0.020 MGD 10.0 mg/I 30.0 mg/I 4.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 15.0 mg/I 45.0 mg/I 400.0 /100 mi 17,0 ug/I Monitoring Measurement Frequency Weekly Weekly Weekly Weekly Weekly Weekly 2/Week Daily Weekly Requirements Sample *Sample Tyne Location Instantaneous I or E Grab E Grab E Grab E Grab E, U, D Grab E, U, D Grab E Grab E,U,D Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent accordance with the following schedule: ions specified for discharges in Permittee shall comply with Final Effluent Limitations by the effective date of the permitunless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Partll Page l of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit .Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. NE iC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. e. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as 'Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the analog 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. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Play to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 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 § 143-21.5.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 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. 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 Right The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Tide 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, II1, 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 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal 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 perrnittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part 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 perrnittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures. The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 1.5A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION 1). MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%© from the true discharge rates throughout the range of expected Part 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. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable' times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this 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. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. 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. 10. Availability of Reports. Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: D. a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. The perrnittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part El Permit No. NC0067644 E. POTW Connection Condition The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive ;months. F. Phased Construe on Condition s facility is built in phases, plans and specifications for the next phase shall be submitted when re flow to the existing units reaches 80% of the design capacity of the facilities on line. At no time may the flow tributary to the facility ex + the design capacity of the existing units. G. The permittee shall obtain a sub -surface evaluation of each lot planned in this phase of the development and submit a report to the Division prior to construction of a wastewater treatment system. PART IV ANNUAL ADMINISTERING AND GGMPLIANCE MONITORING FEE I �EQ A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina Department of Environment, Health and Na N. C. DEPT, CF REsoi'�.'e3r, COM'N14. az r .. 2 2 1993 esou Division of Environmental Managemen` 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Samuel P. Malone, Jr. P O Box 1139 Matthews, NC 28106 Dear Mr. Malone: April 8, 1993 es sl OFFICE Jonathan B. Howes, Secretary Subject: Permit No. NC0067644 Rocky River Run Subdiv. WWTP Mecklenburg County In accordance with your application for discharge permit received on March 20, 1991, 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 pe telephone number 919/733-5083. please contact Mr. Jule Shanklin at A. Preston Howard, Jr. Director Pollution Prevention Pays P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMfT 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Rocky River Run Subdivision WWTP the end of Marlstone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Parts I, 11, and III hereof. This permit shall become effective May 1, 1993 This permit and the authorization to discharge shall expire at midnight on September 30, 1994 Signed this day April 8, 1993 A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: 1. Make an outlet to Caldwell Creek, construct a 0.020 MGD wastewater treatment plant as described in the Authorization to Construct issued December 3, 1988, and after receiving an authorization to construct from the Division of Environmental Management, make any needed design modifications to said treatment works to be located at Rocky River Run Subdivision WWTP, the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified Class C waters in the Yadkin -Pee Dee River Basin. JtFAK 1 M1=.I' 1 01- 11-th 11N 1 hK!©R JPn- /'/\AL-c, GEOLOGICAL .;1tiVL.Y�, r )' 7'30" S35D00"' E. .1x 5-,_,._. . .. vT S37 A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0067644 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 Discharge Limitations Monthly Avg. Flow 0.020 MILD BOD, 5 day, 20°C 5.0 mg/I Total Suspended Residue 30.0 mg/I NH3asN 1.0 mg/I Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Weekly Avg. Daily Max 7.5 mg/I 45.0 mg/I 400.0 /100 ml 17.0 µg/I Monitoring Measurement Frequency Continuous Daily Daily Daily Daily Daily Daily Daily Quarterly Quarterly * Requirements Sample Tvpe Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location 1 or E E E E E, U, D E,U,D E E, U, D E E U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONTTORING REQUIREMENTS WINTER (November 1- March 31) Permit No. NC0067644 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 Discharge Llmltatlonq Monthly Avg, Flow 0.020 MAD BOD, 5 day, 20°C 10.0 mg/I Total Suspended Residue 30.0 mg/I NH3asN 1.8 mg/I Dissolved Oxygen" Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Monitoring Measurement Weekly Avg, Daily Max Frequency Continuous 15.0 mg/I Daily 45.0 mg/I Daily Daily Daily 400.0 /100 ml Daily 17.0 µg/I Daily Daily Quarterly Quarterly Requirements Sample Tvoe Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab *Sample Location I or E E E E E, U, D E,U,D E E, U, D E E U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet Upstream and downstream samples shall be grab samples. Stream samples shall be collected three times per week during June, July, August, and September and once per week during the remaining months of the year. ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/l. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART I Section, B. Schedule of Compliance 1, The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Dav Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Mea,surement 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. g• 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. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurement$, 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 repmsentative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). 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. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Ciyil and Criminal Liability 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. 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 perrnittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this pen,iiit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The perrnittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part II Page 6 of 14 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit.. The authority to operate the facility under previously issued permits bearing this number is no longer effective. J The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part II Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permitmplied 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 1©of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements, Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected Part 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. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The perrnittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 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 II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Part II Page 14 of 14 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. 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. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/l); (2)Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methy1-4.6- dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharge The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the teiiiis and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Part ili cyst l they on edition Permit No. N $ $ .7fr shall properly connect to an operation publicly owned wastewater collection *n 180 days of its availability to the site, if the facility is in noncompliance with its nt 'ratio forns Live months �i treatment facility is no built withina year of the effective date of this p it, hall submit updated cost alysis assessing then-c nt alternatives, es $ w ally on. F. Phas Cons on Condition if this f ility is built in p s, pl the flour to the existing units re hes 8 of the may the flow 'tributary to the f ilit ex F. lte atives ` aly is Condition ons for the next p shall be sub tted when gn capacity of f ` °ties on line. At no •: e n capacity of the existing units. For this pe it to remain in effect, the Permit :Holder shall submit an engineering evaluation demonstrating that no reasonable alternative to urface discharge is available. The deadline for the evaluation is one year from the effective date of the pe 't. C e pe ` ittee must pay the annual a t»" °stating and complianccompliance monitorin fce wi hin 30 days after being billed by the Division. Failureto pay the f in a ' ely ner in accordance with 15A NCAC°0105(b)(4) may cause this Division to initiate action to evoke the • t State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director February 11, 1999 Samuel P. Malone, Jr. Rocky River Run Subdivison P. O. Box 1139 Matthews, NC 28106 FE8 1 6 1999 Subject: Renewal of NPDES Permit NC0067644 Rocky River Run Subdivison Mecklenburg County Dear Permittee: The subject permit expires on September 30, 1999. North Carolina General Stature 143.215.1(c) requires that an application for permit renewal be filed at least 180 days prior to the expiration date. To satisfy this requirement, your renewal package must be sent to the Division postmarked no later than April 3, 1999. Failure to request renewal by April 3, 1999 will result in a civil assessment of at least $250.00. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after September 30, 1999 (or if continuation of the permit is desired), the permit must not be allowed to expire. Operation of waste treatment works or continuation of a discharge after September 30, 1999 would violate NCGS 143-215.1 and could result in assessment of civil penalties of up to $10,000 per day. If all wastewater discharge has ceased at the subject facility and you wish to rescind this permit, contact Robert Farmer of the Division's Compliance Enforcement Unit at (919) 733-5083, extension 531. You in ay also contact the Mooresville Regional Office at (704) 663-1699 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items which you must submit when applying for renewal of the subject permit. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed below. Sincerely, es H. Weaver, Jr. NPDES Unit Cen NPDES Uni P.O. Box 29535, Raleigh, North Carolina 27626-0535 919 733-5083, extension 511 (fax) 919 733-0719 An Equal Opportunity Affirmative Action Employer Charles_Weaver@h2o.enr.state.nc.us NC DENR /DWQ /NPDES Permit Renewal Applications Renewal Package Checklist NPDES Permit NC0067644 Rocky River Run Subdivison Mecklenburg County The following items are REQUIRED for all renewal packages: A cover letter requesting the renewal and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. If an Authorized Representative is preparing the renewal package, documentation must be provided from the permittee defining the person or company preparing the renewal package as an Authorized Representative (see Part II.B.11.b. of the current NPDES permit). A narrative description of the sludge management plan at the subject facility. If your facility has no sludge management plan, explain the reason for this in your cover letter. Submit one original and two copies. The following item applies ONLY to Industrial facilities which discharge process wastewater : Industrial facilities classified as Primary Industries (listed in Appendix A of Title 40 of the Code of Federal Regulations, Part 122) must submit a Priority Pollutant Analysis (PPA) in accordance with 40 CFR Part 122.21. The PPA requirement does NOT apply to municipal or non -industrial facilities. PLEASE NOTE: There is no renewal fee required with your application. Changes to the NPDES permit fee schedule took efffect on January 1,1999. Consult the enclosed fee schedule to for details. Send the completed renewal package to: Mr. Charles H. Weaver, Jr. NC DENR / DWQ / NPDES P.O. Box 29535 Raleigh, North Carolina 27626-0535 State of North Carolina Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary DIVISION OF ENVIRONMENTAL•MANAGEMENT December 13, 1995 Mr Samuel Malone Sam Malone and Associates Post Office Box 1139 Matthews, North Carolina 28106 Subject: NPDES Permit No. NC0067644 Rocky River Run Subdivision Mecklenburg County, NC Dear Mr. Malone: Our records indicate that NPDES Permit No. NC0067644 was issued on December 6, 1995 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:is NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0067644 PERMI1 1'EE NAME: Samuel P. Malone, Jr. / Rocky River Run Facility Status: Existing Permit Status: Renewal 5r.hd2viS ©� t.Jcorp Major Minor Pipe No.: 001. Design Capacity: 0.020 MGD Domestic (%© of Flow): 100 %© Industrial (%© of Flow): Comments: Subdivision treatment facility STREAM INDEX: 13-17-8-5 RECEIVING S Class: C AM: Caldwell Creek Sub -Basin: 03-07-11 Reference USGS Quad: G 16NE, Midland (please attach) County: Mecklenburg Regional Office: Mooresville Regional Office Previous Exp. Date: 11/30/91 Treatment Plant Class: Classification changes within three miles: Ca. 35 nu. to WS-III on Rocky River @ Grassy Creek. Requested by: Prepared by: Reviewed by: ule Shanllin Date: 4/29/91 Date: Date: (ems, M e SA�J Date Rec. 2 Drainage Area (mi ) L. 4+Lt5 7Q10 (cfs) 0.0 Winter 7Q1{) Toxicity Limits: IWC %© ream Monitoring: Parameters 12.0", GCcetr ec Upstream Downstream Effluent ,Characteristics BOD NH3-N ( D.O. (mg/1) TSS (mg/1) F. Col. (/100 ml) pH (SU) Comments: 51,ae.E Moie STON eA LJiM 1 f . tv u�irc e."( ENc, ENE Nu, RePvizr w I 0-1,A1 t Z Ma .545 skowtki nb AcT fo "*c&4 te16. Avg. Streamllow (cfs): . I; 30Q2 (cfs) 0.0 Acute/Chronic rMP. cONDuc-nvt?Y Location AT L 5r (co( ler 1,4Asr ace DnudusrYt ,v Summer l7 Winter A FACT SHEET FOR WASTELOAD Facility Name :Rocky River Run Sbd. NPDES No. :NC0067644 Type of Waste :100% Domestic Facility Status :Existing Permit Status :Renewal Receiving Stream :Caldwell Creek Stream Classification:C Subbasin County Regional Office Requestor Date of Request Topo Quad :030711 :Mecklenbu : MRO /{W :J. 4hankl : 4/29y91 :Gl9NE." Wasteload Allocation Summary (approach taken, correspondence ALLOCATIONS Request # 65 f,l ,,, sl,1`R,tL LtS,xt;Ft^ ,Y Stream Charactr .stics: USGS # 0212422515 Date 1986 Drainage Area: 1.12 sq.mi. Summer 7Q10: 0.0 cfs Winter 7Q10: 0.0 cfs Average Flow: 1.15 cfs * 30Q2: 0.02 cfs : 0 * 30Q2 based on yields at 0212432545(lo ion, EPA, etc.) Rocky River Run Subd. WWTP is discharging near the headwaters of Caldwell Creek. Although the 1986 flows at this discharge site indicated a positive 30Q2, recently requested flows further downstream showed lower 30Q2 values. Because of all the flow discrepancies on Caldwell Crk, the more recently calculated flows (1990) further downstream will be relied upon. Essentially, this discharge is to a 0.0 30Q2 & 7Q10s portion of Caldwell Crk. Zero flow policy should be in effect. Recommend removal of discharge; facility must send engineering report within 12 months showing no alternative to discharge. Subdivision should receive existing limits for the first three years, then more stringent limits after three years. No compliance data exists for this facility. An A to C was issued 11/88. Yam. Special Scheduled Requirements and additional comments from Reviewers: Recommended by: A Reviewed by rr Instream Assessment: Regional Supervisor: Permits & Engineering: RETURN TO TECHNICAL SERVICES BY: JUN 11 1991 Date: Date: Date: Date: CNA 991 -2- CONVENTIONAL PARAMETERS Existing Monthly Average Summer/Winter Wasteflow (MGD): 0.0200 BOD5 (mg/1): 5/10 NH3N (mg/1) : 2/4 DO (mg/1): 6/6 TSS (mg/1) : 30/30 Fecal Coliform (/100 ml): 200/200 pH (SU) : Recommended. Limit$ Daily Maximum 6-9 A (1st three years) B (after three years) Summer/Winter sum/win ''',\ Wasteflow (MGD): 0.0200 0.0200 BOD5 (mg/1): 5/10 5/10 NH3N (mg/1): 2/4 1/1.8 DO (mg/1): 6/6 6/6 TSS (mg/1): 30/30 30/30 Fecal Coliform (/100 ml): 200/200 ( 200/200 pH (SU): 6-9 6-9 Tot. residual Chlorine (ug/1): ` 17 INSTREAM MONIT©RING REQUIRMENTS: Fecal coli, D.O., temp, conductiv Upstream: y Location: at least 100 ft. upstream Donwstream: y Location: at least 300 ft. downstream Limits Chancres Due To: Parameter(s) Affected Zero flow policy NH3-N (explanation of any modifications to past modeling analysis includidng new flows, rates, field data, interacting discharges, etc.) State of North Carolina Department of Environment, Health, and Natural Resources Mooresville Regional Office James 3. Runt, Jr., Governor Jonathan B. *owes, Secretary DIVISION OF ENVIRONMENTAL MANAGEMENT April 22, 1993 Mr. Samuel P. Malone, Jr. Post Office Box 1139 Matthews, North Carolina 28106 Subject: NPDES Permit No. NC0067644 Rocky River Run Subd. WWTP Mecklenburg County, NC Dear Mr. Malone: Our records indicate that NPDES Permit No. NC0067644 was issued on April 8, 1993 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4-5. Pages 4-5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharge(s) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). P0. Bone 950, 9l9 North Main Street, Mooresville, N.C. 261150950 • Telephone 704653.1699 • FAX 704-663 &)40 An Equal Opportw by Affirmative Acton Employer Mr. Samuel P. Malone, Jr. Page Two April 22, 1993 The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per violation plus criminal penalties may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:sl Permit No. Nt..0067644 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 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, Samuel P. Malone, Jr. hereby authorized to discharge wastewater from a facility located at Rocky River Run Subdivision WWTP the end of Marlstone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell 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 pen -nit and the authorization to discharge shall expire at midnight on September 30, 1994 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No, NCOO67i44 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: Enter into a contract for construction of a wastewater treatment facility, and Make an outlet into Caldwell Creek, and After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.020 MGD wastewater treatment facility located at Rocky River Run Subdivision WWTP, the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified class C waters in the Yadkin -Pee Dee River Basin. DEPARTMENT OF THE INTERIOR GEOLOGICAL uEY A©° T 3©" 535°0°m E 35°15Hp A. ( ). El -FLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0067644 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 Discharge Limitations Monthly Avg. Flow 0.020 MGD BOD, 5 day, 20°C 5.0 mg/I Total Suspended Residue 30.0 mg/I NH3 as N 1.0 mg/I Dissolved Oxygen** Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity Weekly Avg. Monitoring Requirements Measurement Sample *Sample „' Daily Max Frequency Type Location Weekly Instantaneous I or E 7.5 mg/I 2/Month Grab E 45.0 mg/I 2/Month Grab E 1,.—rFres7L-1- 2/Month Grab E Weekly Grab E, U, D 400.0 /100 ml 2/Month Grab E, U, D 17.0 ug/I Daily Grab E Weekly Grab E, U, D Weekly Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. O. EPPLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0067644 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 Discharge Limitations Monitoring Requirements Measurement $ample *Sample Monthly Avg, Weekly Avg. Daily Max Frequency Type Location Flow 0.020 MGD Weekly Instantaneous I or E BOD, 5 day, 20°C 10.0 mg/I 15,0 mg/I 2/Month Grab E Total Suspended Residue 30,0 mg/I 45.0 mg/I 2/Month Grab E NH3 as N �-0 mg/I - -:-3-erg/1° 2/Month Grab E Dissolved Oxygen'* Weekly Grab E, U, D Fecal Coliform (geometric mean) 200.0 /100 ml 400.0 /100 ml 2/Month Grab E, U, D Total Residual Chlorine 17.0 ug/I Daily Grab E Temperature Weekly Grab E, U, D Conductivity Weekly Grab U, D * Sample locations: E - Effluent, I - Influent, U - Upstream at least 100 feet, D - Downstream at least 300 feet ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0067644 D. POTW Connection Condition The perrnittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. E. Phased Construction Condition If this facility is built in phases, plans and specifications for the next phase shall be submitted when the flow to the existing units reaches 80%© of the design capacity of the facilities on line. At no time may the flow tributary to the facility exceed the design capacity of the existing units. F. Alternatives Analysis Condition For this permit to remain in effect, the Permit Holder shall submit an engineering evaluation demonstrating that no reasonable alternative to surface discharge is available. The deadline for the evaluation is one year from the effective date of the permit. William W. Cobey, Jr., Secretary 4/29/91 Samuel P. Malone, Jr., Owner Samuel P. Malone, Jr. PO Box 1139 Matthews, NC 28106 Dear Mr. Malone : ANY fPq State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 WTI ens G. Martin, Governor George T. Everett, Ph.D. Director Subject: NPDES Permit Application NPDES Permit No . NC0067644 Rocky River Run Subdivision Mecklenburg Coun _1 This is to acknowledge receipt of the following documents . Application Form Engineering Proposal (for proposed control facilities), "g Request for permit renewal, Application Processing Fee of $200.00, Other , The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other on March 14, 1991: If the application i not made complete within thirty (30) days, it will he returned to you and may be resubmitted when complete. This application has been assigned to Jule Shanklin (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff_ report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed, Bove. SiTicerely, ale Overcash, P.E. CC: Mooresville Regional Office Pollution Preventlon Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPT. OF NATURAL RESOURCES AID CoMIJNI ENVIRONMENTAL MANAGEMENT CO>P1ISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G lo or filed *illy by services, wholesale and retail trade, and other coatwerciel establishments including resiels DEVELOPMENT Do not ette.pt to complete this Io►se without reading the ocaiepenyfey Instruction Please prtnt or type 1. Nash, address, and telephone weber of facility producing dlic srge A. Mew! SyCiA.1;!-,017 6. Street address e-rtez , ro,ie C. Clty t , Ci„n ty M e 2 G. Telephone MO, 704- Arta Code 2 SIC (leave b1an.J 3. hp ber Of emcl0yees 4, Nature Of business V S i ©/1 0. State AMLIrA1IOM Ntvibra t'Wt NL OAt ei, N© '/35© 46aat) 07) (2 Z$iZ:) C, F. ZIP SrcHt /r'(L(...t 130.4 5 A Sec. 28 i©ry 5. (a) Check here If dlSchar+ge occurs ill years pr (b) Check the a,Onth(s) dillchoccur!: 1.tiJanuary !.©February 3.0Korth 4.0Apr11 •.0M1ay 6.©June 7,C3July $.0*ipst 1.13Septiler 10.0Octobe► 1 l. p h 0 v lrhbe r 12.0 Ile Nnbe r (c) Mow amny days per week: 1 . p 1 2, ©2-3 3, ©4-5 4.113417 6, Types of waste water discharged to surface water: only Schack as 14eab pischi rope *Pirating Per day 11. Co01ing water, etc., daily average C. Other dlicharpr;s', dilly average; Specify C. Maxim Orr I119 Oily (Or CCerr Inr: CISCP'Arce (I11 '.vprS'• (1) Flow, palloni M r eperstlne ray (2) 1t! • (3) (4) le Volume emoted before riitlyrhjiamq (perxent ) 0.1- )1. 11.1 44.11 r • 115- 14.9 7. If any of Ow tydts of waste identified iI 14M 6, treated, are discharged to Pilot ether Nan eerie as apeltcablt. Mahe rater is discharged A. Mkr I1lyal cttiw r cystalk lhnk•►.ir►rrnrl rw. 1 E. Se t Ir tank U. Evaporation la Or petily: 8. 0.06 or wire 9. ham/ of receiving rater or raters Cie . 10. Does your discharge contain or i$ 1t possible for your discharge„ to Cent•+" One or more of the following substances _____ as • result of 'Our rtoperations, •cttvttiel, or Proce{tet: ammonia, cyee{�i,-a11iinks, beryllium, til m, Chromium, Co,,ppelead, mercury, Picket, s01Mir, 110cr /MM mid grease,and Chlorine lnsldual ). 6.011i 6.0no 1 certify that 1 •■ familiar with the Information C+auteihed Ih the agpllcat$On and that to the best of ■y krlo•leodge and belief such larfoe stlen is tree catplets, ame/ accurate. M One Printed Mame Of Person S1¢ri '`nrth Carolina General Statute 143-215.6(b1 �i progides tMt Any false statement representation, or cart cation 'In an' or other document files ,or required to be maintained En':ironmental Management Cammiseioon implsmeeting that c.r ka w1y renders inaccurate any recording or lsonitoriig ,-c..erated or maia(aiaed under ATttals 21:et, regulations.of the Inviromeantal Maaaiement Car :: 1 eventing that Article, shall 'be "1ti,.t• of a Misdemeanor punishable by aline mot to ex or by imorisCiftbant not to exceed six months, or by both. (lb U.S.C. Section 1'0 pLr. s -.men; by a fine of'aot more than S10,480 or imprisonment trot more than 5 years, or f—T a fer.st.) 2 Any person who knowingly >za licatlon,'reeord, sport, p La 21 or regulations of t r who falsitisa, tampers u or method required to be 1 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph. D. William W. Cobey, Jr., Secretary Director March 12, 1991 Mr. Samuel P. Malone, Jr. Sam Malone and Associates P© Box 1139 Matthews, NC 28106 CQ lrt 1991 Dear Mr. Malone: Subject: NPDES 'Permit Application NPDES Permit No. NC0067644 Sam Malone Property Mecklenburg County On March 11, 1991, the Division of Environmental Management received a NPDES Permit Application for the subject facility. The application is considered incomplete. Therefore, the Division of Environmental Management is returning the application. The returned information must be resubmitted with the following to complete the application: 1. The attached application, Short Form D, completed and signed by the appropriate official, and submitted in triplicate. No application was submitted. The Division of Environmental Management will initiate the permit review process upon receipt of the above requested information. The receipt of the above information does not preclude this Division from requesting additional information at a future date. If you have any questions, please contact me at (919) 733-5083. Sincerely, M. Dale ©vercash, PE Supervisor, NPDES Permits Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer To: Permits and Engineering Unit Water Quality Section Date: May 17, 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0067644 MRO No. 91-105 PART I - GENERAL INFORMATION 1. Facility and Address: Sam Malone Property Sam Malone P.O. Box 1139 Matthews, N. C. 28106 2. Date of Investigation: May 9, 1991 3. Report Prepared By: Kim H. Colson, Environmental Engineer 1. 4. Person Contacted and Telephone Number: Sam Malone, Jr. (704) 847-9026 5. Directions to Site: From the intersection of NC Highway 24-27 and SR 2810 (Rocky River Road) travel north on SR 2810 approximately 1.1 mile. Turn right onto Marlstone Lane. The proposed subdivision is located at the end of Mari stone Lane. Discharge Point(s), List for all discharge Points: - Latitude: 35°_1429" Longitude: 801-1 37' 13" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. 1JSGS Quad No, : Cl6NE 7. Size (land available for expansion and upgrading) : There appears to be adequate land available for expansion and upgrading. 8. Topography (relationship to flood plain included) : Moderate slopes; the engineering plans, when submitted, should locate the 100 year flood plain. 9. Location of Nearest Dwelling: None within 500 feet. 10. Receiving Stream or Affected Surface Waters: Caldwell Creek. 1111/111117 Two a. Classification: C b. River Basin and. Subbasin No.: Yadkin-PeeDee 030711 c. Describe receiving stream features and pertinent downstream uses: Small piedmont stream, 7Q10 flow = 0 cfs; 30Q2 flow may be >0 cfs. Howell's Child Care (NC0059749) discharge point is located on a UT to Caldwell Creek approximately 4000 feet downstream. General "C" classification uses. PART II DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 100% Domestic 0% industrial a. Volume of Wastewater: 0.020 MGD (Design Capacity) b. Types and. quantities of industrial wastewater: N/A. c. Prevalent. toxic -constituents in wastewater: N/A. d. Pretreatment Program (PGTWs only) : N/A. 2. Production Rates (industrial discharges only) in Pounds: N/A. 3 Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A. 4 Type of Treatment (specify whether proposed or existing): Proposed treatment consist of influent pump station; equalization basin; bar screen; a 20,000 extended aeration package plant with aeration, clarification, and sludge digestion, chlorine contact tanks with tablet type chlorination; dual tertiary filters; post aeration; and a continuous flow meter. 5. Sludge Handling and Disposal Scheme: A sludge handling scheme has not been finalized. Sludge disposal plans should be required before issuance of an Authorization to Construct. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). Class II 7, SIC Code(s): 4952 Wastewater Code(s): Primary: 05 Secondary: PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with C nst Funds (municipals only)? N/A. uc n Grants 1111111117r Page Three 2. Special monitoring requests: None 3. Additional effluent limits requests: None 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? None known. 5. Other: N/A/ PART IV - EVALUATION AND RECOMMENDATIONS The Permittee, Sam Malone, Jr., has applied for Permit renewal for the Rocky River Run Subdivision. An Authorization to Construct was issued to the former Permittee, the Lewis Group, Inc. The WWTP was never built. Mr. Malone stated that the WWTP approved in the previous Authorization to Construct will not be built and a new set of plans will be submitted. NH3-N limits may need to be revised and a chlorine limit. implemented since the facility has not been constructed. A time limit for submittal of plans and commencement/completion of construction may be necessary. It is recommended the subject. Permit, be renewed provided a new Authorization to Construct be requested within six months of issuance of the renewed Permit. The, renewed Permit should be rescinded if the Authorization to Construct is not requested within the time span specified. Signature of Report Preparer Da7te ' Water Qua.iity Rogional Supervisor Date U 1 V 1 1 LA./ EPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 535flCth E. : )o oorr,.N. 33n5 35' State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary Samuel P. Malone, Jr. Po Box 1139 Matthews, NC 28106 Dear Mr. Malone : 10/24/89 R. Paul Wilms Director Subject: NPDES Permit Application NPDES Permit No.N00067644 Samuel P. Malone, Jr. Mecklenburg County This is to acknowledge receipt of the following documents on October 24, 1989: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $25.00, Other Modification request (name change) ., The items checked below are needed before review cam ike5 Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to (919/733-5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. Mack K. Wiggins, Jr. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sinrgly, CC: Dale Overcash, P.E. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 9I9-733-7015 An Equal Opportunity Affirmative Action Employer CAt+ O, l L"cr Sam Malone & Associates --v/a as-e9 SURVEYING - ENGINEERING RESIDENTIAL & COMMERCIAL bC, 0 1(2 44 116-B WEST JOHN STREET P.O. Box 1139 MATTHEWS, NORTH CAROLINA 28106 704-847-9026 FAX 704-847-5188 October 9, 1989 State of North Carolina Dept. of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611-7687 Att: Mr. Dale Overcash Re: N.P.D.E.S. Permit NC0067644 Rocky River Run Dear Mr. Dale Overcash: 8 1989 Due to an anticipated change in ownership, I am requesting that the name for whom the above permit is written be changed from The Lewis Group, Inc. to Samuel P. Malone, Jr. Please find enclosed, a check for $25.00 for the name change. If you have any questions, please call Sam Malone & Associates at (704)847-9026. Sincerely, Charles Lewis, Sr. The Lewis Group, Inc. 426 Tanbridge R©ad Wilmington, N.C. 28212 Attachment: State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary November 1, 1989 Samuel P. Malone, Jr. PO Box 1139 Matthews, NC 28106 Subject: NPDES No. CtRi Samuel P. Malone, Jr. formerly issued to The Lewis Group, Incorporated Mecklenburg County Nov R. Paul Wilms Director Dear Mr. Malone: 4 In accordance with your request received October 24, 1989, we are forwarding herewith the subject permit now issued to Samuel P. Malone, Jr. The only changes in this permit are in name and ownership. 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 December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, D. 3. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of 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. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer If you have any questions concerning this permit, please contact Mr. Mack Wiggins at telephone number 919/733-5083. Compliance Central Files Permit No. NC0067644 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL, POLLUTANT DISCHABOUUMINATION 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, Samuel P. Malone, Jr. is hereby authorized to discharge wastewater from a facility located at Rocky River Run the end of Marlstone Lane off NCSR 2810 north of Allen Mecklenburg County to receiving waters designated as Caldwell 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 IH hereof. This permit shall become effective November 1, 1989 This permit and the authorization to discharge shall expire at midnight on November 30, 1991 Signed this day November 1, 1989 R. Paul Wilms, Director Division of Environmental Management By Authori.y of the Environmental Management Commission Permit No. NC0067644 SUPPLEMENT TO PERMIT COVER SHEET Samuel P. Malone, Jr. is hereby authorized to: Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Caldwell Creek, and After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.020 MGD wastewater treatment facility located at Rocky River Run, the end of Marlstone Lane off NCSR 2810, north of Allen, Mecklenburg County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Caldwell Creek which is classified class C waters in the Yadkin -Pee Dee River Basin. I , A. M. FLUENT LIMITA1'IDNS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Permit No. NC0067644 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 Discharge Limitations Monthly Avq, Flow 0.020 MCD BOD, 5 day, 20°C 10.0 m g / I Total Suspended Residue 30.0 m g / I NH3 as N 4.0 mg/I Dissolved Oxygen (minimum) Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Conductivity ** Weekly Avg, Daily Max 15.0 mg/I 45.0 mg/I 6.0 mg/I Monitoring Measurement Frequency Weekly 2/Month 2/Month 2/Month Weekly 400.0 /100 ml 2/Month Daily Weekly Weekly Requirements Sample Tv©e Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location I or E E E E E, U, D E, U, D E E, U, D U, D *Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/l. The pH shall not be less that 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1- October 31) Permit No. NC0067644 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, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen (minimum) ** Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Discharge Limitations Monthly Avg, 0.020 WO 5.0 mg/I 30.0 mg/I 2.0 mg/I 200.0 /100 ml Weekly Avg. Daily Max 7.5 mg/I 45.0 mg/I 3.0 mg/I Monitoring Measurement Frequency Weekly 2/Month 2/Month 2/Month Weekly 400.0 /100 ml 2/Month Daily Weekly Weekly Requirements SamoIQ Type Instantaneous Grab Grab Grab Grab Grab Grab Grab Grab *Sample Location IorE E E E E,,D E, U, D E E, U, D U, D *Sample locations: E - Effluent, I - Influent, U - Upstream, D - Downstream ** The daily average effluent dissolved oxygen concentration shall not be less than 6.0 mg/I. The pH shall not be less that 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part 1 Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2 Permittee shall at: all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. No later. than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. 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 for denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (3) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Information newly acquired by the Division indicating the discharge poses a threat to human health or welfare. If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application Part II Page 2 of 14 may be required of the permittee. 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 noncompliances, does not stay any permit condition. 5. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. The permittee shall comply with effluent standards or prohibitions established. under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. 6. Civil and CriinalLiability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power. Failures" (Part Il, B-6), 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. 7. (lit ande dpus 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 1.43-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. 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. Part II Page 3 of 14 Onshore of 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. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 11 Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reason- able 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. SECTION B. OPERATION AND MAINTENANCE OF POLLUTI©N CONTROLS 1. Proper Operation and Maintenan The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. Need to Halt or Reduce not a Defense It sba11 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. Bypassing Any diversion from or bypass of facilities is prohibited, except (i.) where unavoidable to prevent loss of life or severe property damage, or (i) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: The location of each sewer system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or 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 division from or bypass of facilities. 4. Upsets "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. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be 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. 6. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall he 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. Part II Page 5 of 14 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day oi the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall he submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North. Carolina 27611 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part T of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4 Test Prod 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. 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: he used. Part II Page 6 of 14 5. Penalties for Tamperilig 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, by punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. 6. Records Retention All records and information resulting from the monitoring activities required by this permit including al] records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 7. Recording Results For each measurement or sample taken. pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; and d. The results of such analyses. 8. Right_ of Entiy The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. Part II Page 7 of 14 SECTION D. REPORTING REQUIREMENTS 1. Change in ➢ischarge 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. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 4 Additional.__Mgnit©ring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Averaging of Measurements Calculations for limitations which require averaging of measurements shall utilize an'arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. Part II Page 8 of 14 6. Noncompliance Natifi.catio 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. 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. d Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels". ( One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or Five (5) times the maximum concentration value reported for that pollutant(s) in the permit application. Part II Page 9 of 14 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 (listed at 40 CFR S 122, Appendix D. Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) .in the permit application. E piration_of Permit Permittee is not authorized to discharge after the expiration date. In order to receive 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 discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et seq. 9. 'Signatory Requirements All appli reports, or information submitted to the Permit Issuing Authority shall be signed and certified. 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 (h) 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. Part II Page 10 of 14 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 environ- mental matters for the company. (A duly authorized representative may thus be either a. named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall making 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 believe, 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." 10. Availability_of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in. any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both. Part II Page 11 of 14 SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division. of Environmental Management, Department of Natural Resources and Community Development. 3. EMC: Used herein means the North Carolina. Environmental Management Commission. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. MassjDay Measurements 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 sample and measured, divided by the number of daily discharges samples 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. 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 samples 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. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample i 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. Part II Page 12 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sample 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. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges samples 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 duringa calendar week (Sunday/Saturday) on. whichdaily 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 1 of the permit. Part II Page 13 of 14 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. The "daily minimum concentration" (for dissolved oxygen only) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge. It is identified as "Daily Minimum" under "Other Limits" in Part III of the permit. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Types of Samples Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. 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. Part II Page 14 of 14 9. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). 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. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Revised 6/89 PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto 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. Certified aerator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. D. 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. E. Limitations Regpener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. 1\1-00067644 Part III Continued F. This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. The permittee shall properly connect to an operational publicly owned wastewater collection system within 180 days of its availability to the site, if the facility is in noncompliance with its permit effluent limitations for three consecutive months. PART IV ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS A The permittee must pay the annual administering and compliance fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary November 4, 1988 Mr. Charles Lewis The Lewis Group, Inc. P.O. Box 23295 Charlotte, N.C. 28212 Dear Mr. Le R. Paul Wilms Director SUBJECT: Permit No. WQ0000143 The Lewis Group, Inc. Rocky River Run. Subdivision, Phase 2 Sewer Extension o- z -t On AL Mecklenburg County In accordance with your application received August lf?p, 1988, we are forwarding herewith Permit No. WQ0000143, dated November Group, Inc. for the construction and operation of the subje system extensions. This permit shall be effective from the date of .issuance until rescinded, and shall be subject to the conditions and limitations as specified therein. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request an adjudicatory hearing upon. written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demands are made this permit shall be final and binding. One (1) set of approved. plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Jack Floyd, telephone No. 919/733-5083, ext. 549. cc: Mecklenburg County Health Department Associa Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT RALEIGH FERMI T For the discharge of Sewage, Industrial Wastes, or Other Wastes In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION 1S HEREBY GRANTED TO The Lewis Group, Inc. Mecklenburg County FOR THE construction and operation of approximately 4100 linear feet of 8-inch gravity sewer to serve Rocky River Run Subdivision, Phase 2 and the discharge of 20,000 GPD of the collected domestic wastewater into Rocky River Run Subdivision's existing sewerage system, pursuant to the application received August 16, 1988, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Natural Resources and Community Development and considered a part of this permit. This permit shall be effective from the date of issuance until rescinded, and shall be subject to the following specified conditions and limitations: This permit shall become voidable unless the facilities are constructed in accordance with the approved plans, specifications and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. The facilities shall be properly maintained and operated at all times. 4. The sewage and wastewater collected by this system shall be treated in the Rocky River Run Subdivision Wastewater. Treatment Plant prior to being discharged into the receiving stream. This permit is not transferable. 6. Construction of the sewers shall be so scheduled so as not to interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of the State. 7. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the requirements of this permit and the approved plans and specifications. Mail the certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, N.C. 27611-7687. 8. A copy of the approved plans and specifications shall be maintained on file by the permittee for a minimum of five years from the date of issuance. 9 No wastewater shall be made tributary until such time as the receiving wastewater treatment is fully operational. 10. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. Permit issued this the 4th day of November, 1988. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION R. Paul Wi.l.ms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. WQ0000143 's Certification I , as a duly registered Professional Engineer in the State of North Carolina, hereby certify that construction of these permitted facilities has been completed in accordance with the requirements of this permit and the approved plans and specifications. Signature Registration Number ➢ate State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary November 3, 1988 Mr. Charles Lewis The Lewis Group, Inc. P.O. Box 23295 Charlotte, NC 28212 i3il ., 7 Subject: Permit Ndo, Authorization to on Rocky River Run Subdivision Wastewater Treatment Facility Mecklenburg County Dear Mr. Lewis: R. Paul Wilms Director A letter, of request for. Authorization to Construct was :received August 15, 1988, by the Division and. final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization i hereby granted for the construction of 20,000 GPI) wastewater treatment facility consisting of a 40 GPM influent pump station, equalization basin., barscreen, a. 20,000 GPI) extended aeration package plant, with aeration, clarification, and. sludge digestion, a tablet chlorinator and chlorine contact chamber, dual tertiary filters (9 square feet total surface area), post aeration, recording flow meters with discharge of treated wastewater to Caldwell Creek. This Authorization to Construct is issued in accordance with Part III, paragraph B of NPDES Permit No. NC0067644 issued December 18, 1986, and, shall be subject to revocation unless the wastewater treatment facilities are constructed in. accordance with the conditions and limitations specified in Permit No. NC0067644. The Permittee must employ a certified wastewater operator i.n. accordance with Part III paragraph C of the referenced permit. The sludge generated from these treatment facilities must be disposed of in accordance with. General Statute 143-215.1 and in a manner approvable by the North Carolina Division of Environmental Management. The Mooresville Regional Office, phone no. 704/663-1699 shall be notified at least twenty-four (24) hours in advance of operation of the installed facilities so that an. in. -place inspection can be made. Such notification. to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer In the event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the Permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. The sand media of the tertiary filters must comply with the Division's specifications. The engineer's certification will serve as proof of this compliance. Upon completion of construction and prior to operation of this permitted facility, a certification must be received. from a professional engineer certifying that the permitted facility has been installed in accordance with the approved plans and specifications. Mail the certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, N.C. 27611-7687. A copy of the approved plans and specifications shall be maintained on file by the permittee for a. minimum of five years from the date of issuance. The wastewater flowrate discharged and treated by these facilities shall not exceed 16,560 GP➢ until such. time as the tertiary filters are modified to handle any increase in flow. The Operational Agreement between, the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this Permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by G. S. 143-215.6 for violation of or failure to act in accordance with the terms and conditions of this Permit. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional, information, please contact Mr. Jack. Floyd, telephone number (919)733-5083, ext. 549. cc: Mecklenburg County Heal. Land Desi Dennis Ramsey John Campbell Sincerely, R. Paul Wilms Department Engineer's ;e rtif'cation I , as a duly registered Professional Engineer in the State of North Carolina, hereby certify that construction of these permitted facilities has been completed in accordance with the approved plans and specifications. Signature Registration Number Date Permit No. NC0067644 STATE OF NORTH CAROLINA Pe COUNTY OF WAKE OPERATIONAL AGREEMENT nu Z , THIS AGREEMENT made pursuant to G.S. 14 15.1(di) and entered into this 8th day of AlstR ,S ENGI 19 88 �ivr.'Jn , by and between the North Caro ina Environmental Management Commission, an agency of the State of North Carolina hereinafter known as the COMMISSION; ane The Lewis Group, Inc. , a corporation/general partnership registered/licensed to do business in the State of North Carolina, hereinafter known as the DEVELOPER. No. NC0067644 WITNESSETH: RECE\rE 1. The DEVELOPER ,is the owner of certain lands lying in Mecklenburg County, upon which it is erecting and will erect dwelling units and other improvements, said development to be known as Rocky River Run (Phase II) (hereinafter the Development) . 2. The DEVELOPER desires, to `construct a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Development on said lands. 3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143--215.1 to construct, maintain, and operate the Disposal System. 4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes.. 5. The DEVELOPER has caused to.be formed or will cause to be formed at the time of filing of the Declaration,"the Rayco Utilities, Inc. , (hereinafter Ass"ocia_tion) a non-prpflt (Unit Owners Association) corporation organized and existing under and by virtue of the laws of the State of North Carolina, for the purpose, among others, of handling the property, affairs and business of the Development; of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues and assessments to provide funds for such operation, maintenance, re -construction and repair. 6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the prom benefits to be derived by each of the parties COMMISSION and DEVELOPER do hereby mutually agree a 1. The DEVELOPER shall construct the Disposal System accordance with the permit and plans and specifications hereaf issued and approved by the COMMISSION; and shall thereaf properly operate and maintain such systems and facilities. accordance with applicable permit provisions and law. RECEIVE J esry and gt44 the S�IVUIIvttn�i�G in ter ter in 2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association until construction has been completed in accordance with the permit and approved plans, and the staff of the Division of Environmental Management has inspected and approved of the facilities. In order to change the name of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The request must include a copy of the Association Bylaws and - Declaration. 3. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify -the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Association except for Federal, State and local taxes, and insurance. 4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine ;maintenance allocated for the facility and shall be part of the yearly budget. 5. In the event the common expense allocation and separate fund are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any time. 6. 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AqTTtgrsuOdsa� od aspa a a Jo pup uOT;Psado JO ubTsse 'TTTgs T gsTnbuTTaz aSTMsog�o JagsUpJ3 qou TTPgs 233d073.Aaa auy '8 age 1Iq h©ISSII%IO3 aga fCq ';Twaad e go a0UPnSsT uOT, ,Pzodsoo uosiad piosoQ dP Puu oq aTgpgdaooP A;T;ua zag;O xo pazza�suPz 6uTnP l SaT4TTT0p3 puP wagsAs pTes s;T u gs1Tg ;nougTM uoT;nTosSTp AIP;unTon OuT za;ua you TTpgs UOppTSoSSv au; ;pu; SMPTAQ uoTapTooss a TTpgs d~d©'ISnuQ age 'wa sA �' �{� uT apjno�d 'aJU Ua�UTPW �adosd PanuS TPSOdSTQ s;T go uoT;p1ado pup JTedaJ butne , Tauoo au; _Tog uorsTnozd agpnbapp apew �{ gnoq uoT1nTossTp A_TPlunTon o;uT .za ua o age z°3 asp;TaM .pup A a es .`U©T;pTOOSSFj atTgnd a 3 u1Tpaq oTTgnd ag; oq pup gsalaluT �{; o; AiP_T;goo aq pTnoM ;T leg; buT2Tubooa23 'L qPrsaqsPM s, guawdOTanaQ a sP a�Tnbas rPw Tun TPluawuzano6 a u� buT�daooP �o voT�TpuoO S puP. '`"wads TP odsrQ a ua sP s uowasea AJUSSUOGU uq 3o gonw sP Jagsuez; JO AOAL100 TTpgs o �� NWI SIO awu.zanOb pTPs oquT pab2PgOsT T G au; go la;eMagseM a/ngng pup bu pspxa ue a agdaoop aq rtxPss g� asnPO o , ufi ITA( NUUuoTgoe guns axu; TTPus dad©'I3A G aq; ' quawdoTanaC cnA 3O3a MEMORANDUM TO: FROM: PREPARED BY: SUBJECT: DIVISION OF ENVIRONMENTAL MANAGEMENT August 26, 1988 Arthur Mouberry D. Rex Gleason G. T. Chen WQ 143 The Lewis Group, Inc. Rocky River Run Subdivision, Phase II Sewer Collection System NPDES Permit No. NC 0067644 Mecklenburg County, N. C. This Office has reviewed the subject application and recommends it be approved. Please be advised that the wastewater treatment plant at Rocky River Run Subdivision,which has a design capacity of 20,000 gpd, is not yet built. Therefore, a permit for sewer collection system construction should not be issued prior to the issuance of an Authorization to Construct for the treatment facilities. Should you have any questions regarding this matter, please advise. GTC:se 1 t irepartment of Natural Reactor, s .. Environmental Management Co NON -DISCHARGE PERMIT APPLICATION ndivor Treatment/Olapoaal Facilities Facilities tton pa►tetn (private) Sower Sys ss ipublic) sa1" A "ER. Mailing Address: apply; .21 Arm t Sery n9 (a itl►. inaatitt tLon Ind .R1 Avera a sill r #1a►IIons'Sewage or t � 0 '0' pn to int'tiyor/oitp mang er tofor dl `.f4.rpotrati©n.:.:nr tegallpeontitaIn ,ca;fa.� tti+en fe �rtr+laired-from 'props r © her: a en i wiaroiiane'ntat 1 ansgern+ant. Permit. and E,ngtnse Unit.P.O* Box it,aerp of oppticatfon. 3 sets, of finalized punt ,spaclficettons and, other 's � RuIes and permit fen; k� S ATE CENTRAL OFFICE; (919) 7334088. PERMITS iVtliN EH E41 Moore evilis,,,,(704) 663.1699 . Washiagton„(419) 96644 a1 f+tort; Main Streit 1424 Carolina A,vene* Mooreasills. NC 2,611.5 Washington, NC 27369 Pra tit Fiosf 154 Rsl+ lgh (919)'733-2314 Wilmington 14 max 2767 , 7225, Wrightav#ir 'Avsaue;: ,;. Raleigh„ NC„27611 Wilmtngton NC 2 ' r Design Engineering Services, Inc. July 29, 1986 Mr. Arthur Mouberry N. C. Division of Environmental Management P. 0. Box 27687 Raleigh, NC 27611 Re: Rocky River Run NPDES NC0067647+ Mecklenburg County Dear Arthur: Phase II 0n behalf of The Lewis Group, Inc., we are submitting three sets of plans and specifications for proposed waste treatment facilities to serve a new subdivision in Mecklenburg County. The plant will serve 43 lots in Rocky River Run Phase II, and 3 lots from Rocky River Run Phase I. A letter requesting an Authorization to Construct and the operational agreement between The Lewis Group and Rayco Utilities, Inc. will be submitted to you by the owner. The sludge from this facility will be disposed of by hauling to permitted municipal systems by Rayco. Also submitted herewith are three sets of plans and specifications for the collection sewer facilities prepared by Sam Malone and Associates. A non -discharge application, sewer data form and check for $200.00 for processing are also enclosed. We appreciate your coo Very] tj'u l y y.0 DCS/nk cc war P. E Sam Malone Charles Lewis Rex Gleason / Leonard togner 1700 East Boulevard Charlotte, NC 28203 704,376.7777 on and welcome any questions or comments. h Pro-V-S August 8, 1988 Mr. Arthur Mouberry N.C. Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611 Re: Rocky River Run - Phase II NPDES Permit # NC0067644_ Mecklenburg County Dear Mr. Mouberry, The Lewis Group, Inc. hereby requests Authorization to Construct sewer collection facilities and waste treatment facilities in Rocky River Run - Phase II located in Mecklenburg County. The plans and specifications for said facilities have been sent separately. Also, please find attached the operational agreement. We would appreciate your timely attention to this request. The Lewis Group Inc. Charles Lewis, Sr. Attachment IV. C. DEPT. OF NATURAL RESOURCES 4Nj) COO UNITY Y DEVE1 OIMEN T. dui U t7 1 La14O Desi Engineering Services, Inc. July 29, 1986 Mr. Arthur Mouberry N. C. Division of Environmental Management P. O. Box 27687 Raleigh, NC 27611 Re Rocky River Run - Phase NPDES NC0067644 Mecklenburg ty Dear Arthur: On bchalf of Tho Lewis i roup, Inc , we, are submitting three sots of Plans and specifications ter i ropc sod ; astc treatment faci_ I itl s to serve a now subdivisionin Mocklcn urg County. The plant will serve 43 lots in Rocky River Run Phase 1 I, and 3 lots i=ront Rocky River Run Phase 1. A letter rogues tang an Authori atiot to Construct and the operational agreement between The Lewis Group and Rayco Uti 1 itaos, Inc. wall bc} �cubrn i t t.c=d to you by the owncir . The s l ud gc from fnci 1 a ty' 3. 1 1 tic rizs,l-i-se i by hauling to perm ittr d muni.cisystems by Rayco. Also st.tbrt3i.ttrwta herewith are three sets sewer Inc. ap , g are also We apprecia o your coo Charles Lewis Rex Gleason Leonard Stegner 1700 East Boulevard Charlotte, NC 28203 704.376.77 77 plans by sewer # a a lorrn and this n and welcome any questions or comments.