NC0089672_Regional Office Historical File Pre 2018 (2)

ROY COOPER
Governor
ICHAEL S. REGAN
Secretary
S. JAY ZIIV MERMAN
W ter Resources threclor
MtaaONMENTAL OUAcitr
September 29, 2017
,C kzt
John Harris, III, Authorized Signatory
G LH Charlotte; Realty Holdings LLB k:�)ORESVUE RIE I` NAI, OFTICE
6011 Connection Drive
Irving, Texas 7503
Subject. Issuance of NP ES Permit NCO089672
West Stonewall Street Brownfield Site
Excavation [7ewat g / GW-REM, PC-1
Charlotte, North Carolina
Mecklenburg County
Dear Mr. Harris:
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject
facility. We issue this pennit pursuant to the requirements of North Carolina General Statute 143-215.1
d the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency stated October 15, 2007, or as subsequently amended.
The Division has reviewed your Engineering Alternatives ;Analysis (E ), submitted by your authorized
consultants ATC Associates, and concurs with your conclusion (dated September 15, 01 ) that
discharge; to surface waters of the state is the most viable discharge alternative based on costs in an
urban area. We have likewise received Charlotte-Mecklenburg's approval for your storm -sewer
discharge; and acopy of regulations forbidding access to the local municipal publicly; owned` treatment
works (P{ TW).
Having reviewed your application and Brownfields site -assessment documents, the Division recognizes
the site's complex, decades -long history ofenvironmental `impacts generated by multiple sources. Based
on your site assessment, this permit requires monitoring for a comprehensive list ofpc ramet rs of
concern (POCs);;to evaluate compliance of your treated discharge to surface waters -quality standards.
Considering an influent defined as a complex waste stream, this permit requires Whole Effluent Toxicity
(WET) testing - Monitoring Only, Acute at 90% effluent concentration [T 6 ]. As you establish an
effluent analytical database over time, the monitoring frequencies of POCs may be adjusted or
eliminated at the Division's discretion, as data may warrant [see footnotes, section A. (I.)].
The Division understands that you intend in the short term. to deater construction excavations, lint that
you may also have future need to install permanent> dewatering treatment systems to service habitable
structure(s) advanced below the groundwater table. Pending approval by the Division, this permit may
accommodate both tasks.
Electronic Discharge Monitorin Reports CeDMR . Please be advised that the Division has implemented
an electronic Discharge Monitoring Report (eDMR) program in accord with requirements by the
Environmental Protection Agency (EPA). We have included in this permit the details required to
implement the eUMR program [see permit section A. (3.)].
-5"> Nothi q Compares
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 116b mail Service Center I Raleigh, NC27699-1611
919.7079000

John Harris, III
GSLH Charlotte Realty Holdings LLC
September 29, 2017
Page 2
Federal regulations require electronic submittal of all DMRs. For information on eDMRs, registering for
eDMR submittal, and obtaining an eDMR user account, please visit the Division's webpage:
hU*//
kortal.ncdenr.or&/web/Wa/admin/bo ipu/edmr
IL --
For information on EPA's NPDES Electronic Reporting Rule, please visit EPA's website:
ronic-re ortin -rule
Please note that during this reporting transition, until the state's eDMR application is approved compliant
with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), all Permittees must submit and
continue hardeopy of DMRs until further notice, as backup to eDMR reporting [see permit section A. (3)].
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, GSLH Charlotte Realty Holdings LLC has the right to an adjudicatory hearing, upon
written request submitted within thirty (30) days after receiving this letter. Your request must take the
form of a written petition conforming to Chapter 150B of the North Carolina General Statutes, and you
must file it with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina
27699-6714. Unless such a demand is made, this permit shall be final and binding.
This permit is not transferable except after notifying the Division of Water Resources. The Division may
require permit modification, or revocation and re -issuance. Please note that this permit does not affect
your legal obligation to obtain other permits required by the Division of Water Resources, the Division of
Land Resources, the Coastal Area Management Act, or other federal or local governments.
If you have questions, or if we can finther assist you, please contact Joe R. Corporon, L.G. at
Up-e-. -coqLo ronfa) nc d cur. gov ir t -6394.
j or call his d cc line (919) 807
Pe fully,
,;?,(,
S. lay Zimmerman, P.G.
Enclosure: NPDES Permit NCO089672 (issuance final)
cc: Central Files
NPDES Prograrn Files
SOMMONNONOMMONOW
cc: MRO: Corey Basinger (Regional Supervisor), Ed Watson
ATB: Cindy Moore; Susan Meadows
OCU: Maureen Kinney
GSLH: Linda Kaiser [linda.kaiser@)gscom]
AST: David Hunter [[e-mail]]
Charlotte -Mecklenburg Stormwater: Chris Hemans [[e-mail]];
Creg Miller [[e-mail]]
-��^Nothinq Compares --,-,-
State of North Carolina I Environmental Quality I Water Resources
512 N. Salisbury Street 11611 Mail Service Center I Rale4oh, NC 27699-1611

XNrll I 1N-r1NrXj-d X N-11J-4jr%-j 'Li-VILN IL J-Fx"%Xxl
(NPP1
is hereby authorized to discharge wastewa
West Stonewall Street
600 S. Tryon Street & 621 S.
Mecklenb
vo (2) receiving waterbodies, designated as an i
NPDES Pe it NCO089672
JALITY
I's
t UNDER THE
: amended,
loldings LC
from a facility located at the
rownfield Site
ounty
tributary to Irwin Creek, and
---I --- --------- 7 ---- - - - - --- -- -- - - - - -- , I I
The permit shall become effective November 1, 2017.
This permit and the authorization to discharge shall expire at midnight on June 30, 2022.
Signed this day September 29, 2017.
S,/ Zimmerman, P.O., Director'
Division of Water Resources
By Authority of the Environmental Management Commission
Pagel cif8

SUPPLEMENT TO PEFMT C OVER
GSLH Charlotte Realty Holdings ILL
;is hereby authorized to.
Y
C PDES Permit NCO0 9672
EET
v.v-r»r.c. IVX%JL.l cxvCtuliusac syznvaax xvi %;Avavatium UVIwa uggioundwater
remediation (GW-REM) consisting of, but not limited to
• excavation dewatering facilities / GW-recovery wells
• oil/water separator [capacity for Free -product removal]
• frac t [21,0-gallon (or as needed) for influent -equalization and holding]
• transfer pump (with secondary backup pump)
• control panel
• two (2) each bag filters (in parallel; 25-micron; each w/
sample ports, fare and aft)
• two (2) each liquid -phase carbon absorbers (5,000 lbs) w/ pressure
indicators, ford and aft
• anti -siphon loop
• totalizing flo eter'
• effluent sample part
• appurtenant discharge piping to local storm -sewer
these facilities located at the West Stonewall Street — Brownfield, Excavation Dewatering 1
Groundwater Remediation (GW-REM) Site, 600 S. Tryon Street & 621 S. Poplar Street, Charlotte,
Mecklenburg County; and
. discharge from said treatment works via Outfalls 001 and 002 [and/or alternates dill and O
locations specified on the attached map, into an unnamed tributary (UT) to Irwin Creek. [Str+
index. 11-137-1 ],and/or to a UT to Little Sugar Creek [Stream index 11-137-] both currery
designated Class C waterbodies within subbasin 43-08- 4 [HUC; 03 50103] of the Catawba
Basra, and
. after applying to the Division to modify this permit, and after notifying the Division's Moor
Regional Office (MRO), construct and operatepermanent treatment s stew s for facility
dewatering, to be used as needed in support ofpermanent, habitable structures constructed b
groundwater table [system design., permitted flow and discharge location(s) to he determim
re
Page 2 of 8

NPDES Permit NCO089672
A. (2.) ACUTE TOXICITY MONTHLY - MONITOR ONLY
[15A `NCA ' 02B.0200 et seq.]
The Permittee shall conduct acute toxicity tests monthly using protocols defined as definitive in EPA
Document EPA- 82 I -R-02-012 entitled "Methods for Measuring the Acute Toxicity of Effluents and
-d final effluent discharge below all waste treatment processes.
I rformed, using the appropriate parameter code. Additionally, DWR Form AT- I (original) is to be
the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
eted Aquatic Toxicity Test Fonns shall be filed with the Water Sciences Section no later than 30
Ater the end of the reporting period for which the report is made.
ita shall be complete and accurate and include all supporting chemical/physical measurements
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Should there be no discharge of flow from the facility during any month, the Permittee will complete the
information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit
number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the
comment area of the form. The report shall be submitted to the Water Sciences Section at the address
cited above.
Should any test data from either these monitoring requiretnents or tests performed by the North Carolina
Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate enviromirental controls, shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
Page 5 of 8

NOTE:
permit
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MIMM
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satrnent Program Annual Reports; and
Water Act (CWA) Section 316(b) Annual Reports.
Page 6 of 8
ast day of the month following
t day of the month following the
eport the following compliance

system, registering for eDMR and obtaining an eE
b page;
date of the report. , This
121411.
the

MR
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•
ate�' gratings.
ing frequencies of th
#
luation. The Division has reviewed the
urfa waters of the state is the most
t. However, prior to final issuance, the
ying effluent
)ermission to
3. After securing a minimum of 12 sample analyses (from samples collected no more
frequently than 2/Monthly), the Pennittee may petition the Division to reevaluate
parameter monitoring frequency and/or permit limitations, as data may warrant.
NPDES Contact.
Joe R. Corporon, ES Ifni 919-807-6 4 3OSep2017
Doe.corporon denr.gov]
FACT SHEET for NeNN, Pemift Development
NPDES Pe it NC O089672
Page 2
aer
reek
I
ire
rn

NPDES Permit Standard Conditions
Page 1 of 18
PART 11
STANDARD CONDITIONS FOR NPDES PERMITS `
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during; the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged daring the sample period.
Act or "the Act"
The Federal Waiter Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 125 1, et;'
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. 1n the ease of fecal
c oliform, 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 as designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day; until midnight of the next day, however, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December. ;
C.om o:iite Sant le
A sample collected over a 24-hour period by continuous sampling or combining samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time..- interval
between grab samples etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time internals between samples determined by a preset number of gallons passing the sampling plaint. Flow
measurement between sample intervals shall be determined by use of as 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
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NPDES Pennit Standard Conditions
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(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-bour period at
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
Influent samples shall not be collected more than once per hour.
Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any -hour period.
Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitonng 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 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 a
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
C}aily Maximumu
The highest "daily discharge" during the calendar month.
Daily Sam�alin
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of no al operations
prevent weekday sampling. If sampling is required for all seven days of the week liar any permit paramter(s), that
requirement will be so noted on the Effluent Limitations and. Monitoring Page(s).'
DWR or "the Division"
The Division of Water Resources, Departtraent of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from water pollution control facility or other point source
whether treated or untreated.
EMC
'Fhe North Carolina Environmental Management Commission
.EPA
The United States Environmental Protection Agency
Faqihty Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating; the geometric mean, values of "0" (or "< [detection level]") shall be considered = I .
Grab Sample
Individual samples of at least 100 mL. collected over;a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instrea
samples).
Version 11/09/2011.1

It
T
d,
ous Substance
bstance designated under 40 CFR Part 116 pursuant to Section 311 of the C
ITICOTIS flow measurement
NPI)ES Permit Standard Conditions
Page 3 of 18
NX
neasured during the minimum time required ter the flow measuring device or Method to produce a r
ec. To the extent practical, instantaneous flow measurements coincide with the collection of any gni,
,quired for the same sampling period so that together the samples and flow are representative of the
,t sampling period.
Mcrae (concentration hold
aetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case o
)r other bacteria] parameters or indicators, the geometric mean of such discharges.
for of the Division of Water Resources.
Average Leoncentration limit)
none tneon of all samples taken over a calendar quarter.
vgm-claaagg
d physical damage to property, damage to the treatment facilities which causes them to beconle inopi
I and permanent loss of natural resources which can reasonably be expected to occur in the absence
were property damage excludes economic loss caused by delays in production.
Natant;
,Cant listed as toxic under Section 307(a)(1) of the CWA.
tit beyond the reasonable control of the Pen-niftee causing unintentional and temporary noncompliara
luent limitations and/or monitoring requirenients. An upset does not include noncompliance caused I
titenance, or careless or improper operation.
ekal Avcra&e concentration Inuit)
arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of f
forni or other bacterial parameters or indicators, the geometric mean of such discharges.
tion B. General Conditions
Duty to Comply
II
.h
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) ofthe
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any pen -nit condition or limitation implementing any such sections in a pen -nit issued under section 402, orany
requirernent imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a pern-fit 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
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NPDES Permit Standard Conditions
Page 4 of 18
imprisonment of not more than I year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 LJSC 1319(c)(1) and 40 CFR 122.41 (a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both,
[33 USC 1319(c)(2) and 40 CFR 122.41 (a)(2)]
e. Any person who knowing4y 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 imprisontrienit 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 call be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
I. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or tails to act in accordance with the tenns, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215;6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximurn amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class 11 violations are not to exceedi $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122,41 (a)(3)]
2. Duty to MifigqLte
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this pen -nit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "'Power Failures"
(Part II.C.7), nothing in this pen -nit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-2153, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittec 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 Pennittee
from any responsibilities, liabilities, or penalties to which the Pertnittee is or may be subject to under NC GS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 1JSG 132 1, Furthermore, the Pennittee is responsible for
consequential daniages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Pronertv Rialus
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.
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T Severabilit
The, provisions of this permit are severable. if any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to ether circumstances, and the
remainder of this lie it, shall not be affected thereby [NCGS 15013-231.
8, gut tc> Provide tno aatican
The Permittee shall furnish to the Pcnnit Issuing Authority, within a reasonable time, any information which the
Pertnit Issuing Authority may request to determine whether effuse exists for modifying, revoking and reissuing, or
tenrnnating this permit or to determine compliance with this permit. The Pennittee shall also furnish to the Permit
Issuing; Authority upon request, copies of records required by this pert it [40 CFR "122.41(h)],
9.
Duty to l.cataly
If the. Pennittee wishes to continue an activity regulated by this; permit after the expiration date of this permit, the:
Permittee must apply for and obtain to new permit [40 CFR 122A1(b)].
M 1�,xpiration of Pert -nit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration hate, the Penn►ttee shall submit such information, fortis, and fees as are required
y the agency authorized to issue: pertnits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. ("I he Director shall not grant permission for applications to be
submitted later than the expiration date of the existing pen -nit.) [40 CFR 122.21(d)] Any Permittee that has not
recguested 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 pricer to expiration, will subject the Permittee to
enforcement procedures as provided its. NCGS 143- 15.b and 33 USC 1251 et. sect.
11 Signato Rc uireinents
All applications, reports, or information submitted to the Pen -nit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall; be signed as tbllows:
(1) For a corporation: by a responsible corporate officer, For the purpose of this Section, a responsible
corporate officer weans:: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who perf'orms 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 snake 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 tenri
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 pc it
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 soli;: 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 121221.
b. All reports required by the permit and other information requested by the Pen -nit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a drily authorized representative only if
(1) The authorization is made in writing by a person described above;
2) The authorizations 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 IssuingAuthority [40 CFR 12122]
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NPDES Pertrut Standard Conditions'
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by <snt authorized representative [40 CFR
12122]
d. Certification. Any person signing a document tinder paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF Cl RTIF1CA,rION WILL BE ACCEPTED:
7 certifi,, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with asystem designed to assure that qualffied personnel properly gather and
evaluate the inji)rmation submitted Based on my inquir VS
y oj'the person or who manage the s tem, or
those persons direetky responsiblefior gathering the information, the iolbrniation submitted is, to the best of
knowledge and lyelh,f true, accurate, and complete. I ani anare that there arc, sign4icant penaltiesfor
submittingfialse ir?/brination, including the possibility of feints and intprisonaientfor knowing violations.
12. Pen -nit Actions
This permit may be modified, revoked and reissued, or tertninated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
13. Permit Modification Revocation and R 2cissuance or Terraination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the pen -nit,
revoking and reissuing the permit, or terminating the pen -nit 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, Subehapter 02H.0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual A mister n > and Comnliance Mo 'torin , Fee R uiretnents
The Pentrittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely mariner in accordance with 15A NCAC 02H .01 05(b)(2)
may cause this Division to initiate action to revoke the peratit.
S ntrols
I. Certifed Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [TI 5A NCAC 08G .0201 ]-
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system',
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed, completed "Water Pollution Control System Operator Designation Forni" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new systetn; or
(2) within 120 calendar days following:
I'- receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
a vacancy in the position of Operator in Responsible Charge (ORC) or Back -tip Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both CAR C and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORU of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least, weekly
Comply with all other conditions of 15A NCAC 08G.0204.
`The ORC of each Class 11, 111 and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least five days per week, excluding holidays
Properly manage and document daily operation and maintenance of the facility
Comply with all other conditions of 15A NCAC 08G .0204.
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 Petnuttee to achieve compliance with the conditions
of this pennit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
ecessary to act
of the facility, ai
member of the I
omp] iance with the conditions of the permit [40 CFR 122,41 (e)]
My designated operators are folly responsible for all proper operatic
ientation required thereof, whether acting as a contract operator [sul
taff.
a Defense
4. Bypas
a. Bypass not exceeding limitations (40 CFR 122.41(ni)(2)]
The Perruittee 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 Pennittec 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
ILEA (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcernent
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 inaintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering .Judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass froin 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.
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(3) The Permit IssuingAutbority may approve an anticipated bypass, �
the Permit Issuing Authority detennines that it will meet the three,
(1) of this section.
5. U2sets
a. Effect of an upset [40 CFR 122.41 (n)(2)]: An upset constitutes an at, fir
noncompliance with such technology based permit effluent limitations
this condition are met. No detennination made during administrative rc
caused by upset, and before an action for noncompliance, is final admit
review.
b. Conditions necessary for a demonstration of upset: Any Pennittee who
defense of upset shall demonstrate, throualt nroneriv sinned. conterritio
ter considering its adverse effects, if
)nditions listed above in Paragraph c,
iative defense to an action brought for
the requirements of paragraph b. of
iew of claims that noncompliance was
strative action subject to judicial
wishes to establish the affirniative
meous oneratina foes. or other relevant
evirtence tnat:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Pennittee facility was at the time being properly operated-, and
(3) The Penruttee submitted notice of the upset as required in Part II.E.6,(b) of this pennit,
(4) The Permittee complied with any remedial measures required under Part 11.13.2. of this permit.
c. Burden of proof [40 CFR 122,41(n)(4)1: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding,
6Removed 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 froni entering waters of the State or navigable waters of the United States except as pertnitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subehapter 2T, Waste Not Discharged To
Surface Waters, The Pennittee 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 0211 .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. M2AjjqEjng_and Agg2E!Ls
1. Representative Sam jin,
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestreant, 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
2. Rep
orting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Forrit (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC.`' D NR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1 l 7
3, Plow 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 legs 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 aaecuraacy 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 1 of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
. `Pest Procedures
Laboratories used for sample analysis must be certified by the Division. Pero ittees should contact the Division's
Laboratory Certification Section (919 733-3908 or httl)-//portal,ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only trust hold the appropriate field
parameter laboratory certifications.
"Pest procedures for the analysis of pollutants shall conform to the I MC regulations (published pursuant to NCGS
14-215.63 et. seq.), the Water and Ain- Quality> Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136, or in the ease of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless rather test procedures have been
specified in this pentrit [0 CFR 122,41].
To filled the intent of the monitoring required by this permit, all test procedures must produce minimunn 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 detections 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 Tamtsern
"1'he CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device; or method required to be triaintained under this pernnit shall, upon conviction, be punished by a fine ofnot
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by bout. 1f 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 122A 1 ]:
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 calibrations and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
copies of all reports required by this permit
copies of fall data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the director at any time 40 CFR
122.41.
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7. Recording Results
_
For each measurement or sample taken pursuant to the requirements of this permit, the Pen-nittee 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 perfon-ned the sampling or measurements;
c. The date(s) analyses were perfomicd,-
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
K Inspection gnd_Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the, presentation of credentials and other documents as may be required by
law, to;
a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this pen -nit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit, and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 12141(i)].
Section E Reportine Reauiremeats
1. Chang e in Dischar c
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 Pen-nittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the pertained facility [40 CFR 122.41()]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b), or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122,42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. AnticiDated Noncom fir c
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 pernift [40 CFR 122.44 (1)(2)].
4. Transfers
This pen -nit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215. 1, in
particular NCGS 143-215. 1 (b)(4)b,2,, and may require modification or revocation and reissuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(l)(3), 122.611 or state statute.
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5. Monitoring p Retorts
----
Monitoring results shall be reported at the intervals specified elsewhere in this penrat [40 CFR 12141(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or fornis
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
K If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6Twenty -otr hour Reportin
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
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 12141(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 [phone], [phone] or [phone].
7. Other Noncomoliance
The Pertnittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 12141(1)(7)1.
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a pen -nit 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 12141(1)(8)].
9Noncompliance Notification
The Pertnittee 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, suchas the dumping of the contents of a sludge
digester, the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in;a by-pass without treatment of all
or any portion of the influent to such station or facility,
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part lV,C.2,c. of this permit.
10. Availability of Renorts
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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IL Penalties for Falsification pf Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment fornot more than two years per violation, or by both [40 CTR 122.41
12. Annual Performance Rogrts
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143 -215 . 1, C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to
. -
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a The Pertnittee shall not commence construction of wastewater treatment facilities, nor add to the plant°s treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued a
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC penint requirements
under Item b, ofthis Section.
I . In accordance with NCGS 143-15.1(a ) [SL 2011-3941, no p raut sbal l be required to eater into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste; or sewage from an industrial facility and
Taste or sewage into the water
of air AtC will
Groundwater
ittee steal 1, upon w r
wcur until Final Pl
gad approved by thi
!torn
notice from the D
d regulation.
ans and. Specifications for the proposed construction. hr
: Division.
y with the current groundwater standards.
i
soon as it knows or has reason to believe (4
any toxic pollutant which is not limited in the pennit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 pg/L);
(2) fwo hundred micrograms per liter (200 q /L) for acrolein and a rylonitrile; five hundred micrograms per liter
(500 it /L) for 2,4-dinitrophenol and for 2-a-e thyl-4,6-dinitroplaenol, and one milligram per liter (I mg/L) for
antimony;
(3) ; Five tunes the maximum concentration value reported for that pollutant in the permit application.
1. 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 1rg/L)1
(2) One milligram per liter (I g/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section < D. Facifi Closure Re uiremen s
The Penn ittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
y this permit. The .Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State, This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part 11 of this permit, the following definitions apply to municipal facilities:
Indirect Dischar&e or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 4033 (i) and ij) and 15A NCAC 02H .0903(b)(l I)l
Interference
Inhibition or disruption of the POTW treatment processes; operations, or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Perm ittec's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [I 5A NCAC 0214
.0903(b)(14)]
Pass �Tbrouh
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [I 5A NCAC 02H .0903(b)(23)]
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature, It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term. -also means the local Bove rnmen t
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization," [ 15A NCAC 0211 0903(b)(26)1
"Sia,,nificant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [I 5A NCAC 02H
,0903(b)(33)]:
I . Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters*); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discliarge permitted
flow limit or organic capacity of theP0TW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards tinder 40 CFR Part 403.6 and 40 CFR Parts 405-47 1; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTWs operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H 0907(b), the Permittee may Bete nnine that an Industrial User meeting
the criteria in paragraphs I or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the PO'17W's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H M07(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publiciv Owned Treatment Works (POTWs)
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�-w introduction of pollutants into the 110TW trom an indirect discitarger, regardless ol the mea
,)rt, which would be subject to section 301 or 306 of CWA if it were directly discharging those
ibstantial change in the volume or character of pollutants being introduced by air indirect disch
it to that POTW at the time of issuance of the permit.
ate notice shall include infon-nation on (1) the quality and quant
aposes of this paragraph, adequ,
aality of effluent to be discharged from the POTW.
)n C. Municinal Control of Pollutants from Industrial Users.
ffluent limitations are listed in Part I of this permit, Other pollutants attributable to inputs from Indusi
�scharging to the POTW may be present in the Permittee's discharge, At such time as sufficient inforr
�-comes available to establish limitations for such pollutants, this permit may be revised to specify eff
nitrations for any or all of such other pollutants in accordance with best practicable technology or wat
rohibited Discharges
introduction of pollutants or discliarges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H 0900 and 40 CFR 403. [40
bThe Permi(tee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 26121 1
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pl-I lower
than 5.0, unless the works is specifically designed to accommodate- such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in aniounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case beat in such quantities that the temperature at the POTW Treatment Plant exceeds 40'C (I 04"F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in aniounts that will cause
Interference or Pass Through;
(7) pollutants which result in the presence of toxic gases, vapors, or tunics within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Perrnittee shall investigate the source of all discharges into the POTW, including slug leads and other
unusual discharges, which have the potential to adversely impact the Perritittee's Pretreatment Program and/or
the operation of the POTW
The Pennittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours frorn the time the Pertnittee became aware of the
circumstances. A, written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and firnes; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,

.- With regard to the effluent requirements list
supplement the requirements of the Federal
the Permittee with all applicable effluent lin
some or all of the industries discharging to t
4 The Pe nnitt e shall require any Industrial U
Standards developed under Section 307(b) c
specific local limits, best management pract
any Significant industrial User (SIU), the Pc
Pretreatment Prograan or, as necessary, a inc
required under section D Below as well as I:
5. This permit shall be modified, or alternative
Pretreatment Program or to include a cornpli
as required. under Section 402 (b)(8) of the C
NPDES Permit Standard Conditions
Page 16 of 18
I it Part I of this permit, it maybe necessary for the Perrnittee to
retreatment Standards (40 CFR Part 403) to ensure compliance by `
rations. Such actions by the Permittee may be necessary regarding
e municipal system.
-r (IU) discharging to the POTW to meet Federal Pretreatment
the. Act as amended (which includes categorical standards and
es and narrative requirements). Prior to accepting wastewater from
mince shall either develop and submit to the Division a new;
lification of an existing Pretreatment Program, for approval as
k NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)]
i, revokedand reissued, to incorporate or modify an approved POTW
nee schedule for the development of a Pam Pretreatment Program
NA and implementing regulations or by the requirements of the
approved State pretreatment programs, as appropriate.
Section D. Pretreatment' PMgLams
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina. General Statute 14-215.3(14) and implementing regulations 15A NCAC; 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Pertnittee shall operate its approved pretreatment prograan in accordance with Section 402(b)(8) of the CWA, 40
CFR 403,15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained i
its pretreatment program submission and Division approved modifications thereof. Stich operation shall include but i
not limited to the implementation of the following conditions and requirements. Terms not defined in fart 11 or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use C7rdinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I5A
NCAC 02H .0903(b)(3 ), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 40 .9(b)(1) and (2)]
2. Industrial Waste Survey (IS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CPR 403.8(f)(2)(i-iii) and 15A NCAC 0214.0905 [also 40 CFR 122.440)(1.)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of S U. Where the Perinittee accepts wastewater from one or more satellite POTWs, the
1WS for the Pennittee shall address all satellite POTW services areas, unless the pretreatment programs in those
satellite service areas is administered by a separate Pcnnittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its I WS activities to the Division at least once every five: years, and a
required by the: Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [I5A NCAC 02H .0903(b)(I 3),.0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. ; Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts 11.13 and II.E 5.). [15A
NCAC 0211 .0903(b)(I ), 090Ca(b)(3) and .09051
4. Headworxs Analysis HWA and local Limits
The Pennittee shall obtain Divisions approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date ofthis permit (or any subsequent permit modification) the
Permince shall subunit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c);and 15A NCAC 02F1.0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 40 .5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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