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HomeMy WebLinkAboutNC0005231_Regional Office Historical File Pre 2018State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director DENR December 5, 2000 SCOTT CRABTREE JOHN DEERE CONSUMER. PRODUCTS P.O. BOX 40 GREER SC 29652 Suhict. Rescission of NPDES Permit Permit No, NC0005231 JOHN DEERE CONSUMER PRODUCTS Gaston County Dear SCOTT CRABTREE: Reference is made to your request for rescission of the subject NPDES Permit, Staff of the Mooresville Regional Office have confirmed that this Permit is no longer required. Therefore, in accordance with your request, NPDES Permit No. NC0005231 is rescinded. effective immediately, if in the future you wish to again discharge wastewater to the States surface waters, you must first apply for and receive a new, NPDES Permit.. Operating a facility without a valid NPDES Permit will subject the responsible party to a civil penalty of up to $10,0 () per day, would be helpful to discuss this matter further, I would suggest that you contact the y'ater duality staff, Mooresville Regional Office at (704) 663-1699. Gaston County Health Department Mooresville -Water Quality Regional Supervisor wlattaehnents Point Source Branch - Dave Goodrich Operator Training and Certification Point Source Compliance - Robert Farmer - wfattachrnents Mr, Roosevelt Childress. EPA Central Files - wlattachrents. Fran McPherson, DWQ Budget Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 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 and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director Mr. Scott. Crabtree John Deere Consumer Products 3800 Little Mountain Road Gastonia, North Carolina 28053 Dear Mr. Crabtree: NCDENR October 22, 1998 Subject: NPDES Minor Modification Permit No. NC0005231 John Deere Consumer Products Gaston County The subject individual NPDES permit issued on October 28, 1996 has been modified as per your request. Please find attached the modified sections of this permit, and replace the old pages with the modified pages. This permit modification 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 (and as subsequently amended). The following monitoring requirements have been modified based on the reclassification of your facility from a Class IV to a Class III rating, and your subsequent. letter request dated July 16, 1998. This reclassification was due to the permanent closure in February 1998.of the physical/chemical industrial wastewater treatment portion of the facility. Change monitoring frequency to 3/Week for BODS, NH3, TSS, pH, DO, Total Residual Chlorine, Conductivity, and Fecal Coliform Remove quarterly monitoring requirement for cadrn; cyanide, lead, and nickel. chromium, copper, Change permitted flow to 0.075 MGD to match current wastewater treatment plant design capacity, and delete effluent sheets for 0.100 and 0.200 MGD. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 2.7611-7447. Unless such a demand is made, this permit shall be final and binding. P.Q. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled! 10% post -consumer paper Please take notice that this permit is not transferable. Part II, P..4, addresses the requirements to be followed in case of change in ownership or control of this discharg This permit does not affect the legal requirements to obtain other pe pitsvvhich may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. If you have any questions or need additional information, pie Belnick, telephone number(919) 7.-, extension 543, cc: Central Files NPDESUnit k Point Source Compliance Teel. Teal Assistance and Cert Sincerely, Original Signed y David A, Goodrich A. Preston Howard, Jr., P.E. cation Permit No. 2 SUPPLESUPPLEMENT TO PE IT COVER S ET is her authorized to: John Deere Consumer sumer Products, Inc Continue to operate d maintain the existing 0.075 MGD contact stabilization wastewater treatment plant consisting of an oil/water separator, manual bar screens, aerated flow equalization, contact tank, clarifier, reaeration , sludge digesters, pressure sand filters, chlorine gas disinfection, and diffused air post aeratin at facility located at John Deere Consumer Products, NCSR 2412, Gastonia, Gaston County (see Part ILA of this permit), and Discharge (via Outfall 001) from said reatinent works at the location specified on the attached map into an unnamed tributary to Crowders Creek, which is classified C waters in the Catawba River Basin. A (1), EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0005231 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: BOO, 5 day, 20°C NH3 as N Total Suspended Residue Dissolved Oxygen2 Dissolved Oxygen Fecal CoWorm (geornetric mean Fecal Coliform (geometric mean Oil and Grease Total Residual Chlonne Temperature Temperature Conductivity Total Nitrogen (NO2 + N + TKN)3 OE075 MGD 25.0 6,0 mg 30.0 200 / 100 0 ve 45.0 mgll peettritele 40:140**06: ' Frequency, Continuous Total Phosphorus3 Chronic Toxi Zinc y 4 eek eekly eek Daily eek+ eek+ Monthly Monthly NITOF3.1 UIREMEN IttlOWN <.” Recording posite Composite Composite Grab Grab Grab Grab Grab Grab Grab Composite Composite cafl� 1 or E U , D E E E u,D u,D E E E Composite Notes. 1. Sample locations: E - Effluent, 1— Influent, U — Upstream 25-ft above discharge, D Downstream at NCSR 2412, 2. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/I. 3. See Part III, Condition H. 4. See Part III, Condition E (Chronic toxicity; Ceriodaphnia P/F @ 39%; January, April, July, and October) 5. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. Upstream and downstream monitoring shall be conducted 3/Week during June, July, August, and September and weekly during the remaining months of the year. There shall be no discharge of floating solids isible foam in other than trace amounts. State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr,, P.E., Director Mr, Pat. McCreery Hornelite, Inc. P.Q. Box 1788 Gastonia, North Carolina 28053-1788 October 28, 1996 CF Subject: Permit Issuance Permit # NC0005231 Homelite Manufacturing W 'P Gaston County Dear Mr. McCreery: In accordance with your application for discharge permit received an March 22, 1996, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-21.5.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. The only change from the draft permit is that the NH3-N limits are now correctly listed as monthly averages instead of daily maximums. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicative 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 150E 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 Water Quality 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. P,O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 56°io recycled/ 10% post -consumer paper Permit No, NC11005231 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE POLLUTANT I CH I IN T N YT 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, Homelite Incorporated is hereby authorized to discharge wastewater from a facility located at a site on NCSR 2412 near Gastonia Gaston County to receiving waters designated Basin in accordance with effluent lit Parts 1,11, Ill, and TV hereof. This permit shall become effe as an unnamed tributary to Crowders Creek in the Catawba. River tations, monitoring requirements, and other conditions set forth in ive December 1, 1996 This permit and authorization to discharge shall expire at midnight on Septe Signed this day October 28, 1996 Original Signed By David A. Goodrich be r 0, 2001 A. Preston Howard, Jr.., P.E., Director Division of Water Quality By Authority of the Environmental Management Comrrtission If you have any questions concerning this perms t, please con c Greg Nizich at telephone number 919/733-5083, ex.t. 541. Sincerely, A, Preston Ho ard, Jr., .E. cc: Central Files Roosevelt Childress, EPA Mooresville Regional Office, Water n 'sty Section Facility Assessment Unit Aquatic Surrey & Toxicology Unit Technical nical Assistance , Certification Group Permits and Engineering Unit hereby authorized to: Permit No NC 052 1 NT TO PE ` IT"COVER SHEET 1rnelte, Tnorpnrated 1. Continue to a rate and ` ' tainthe existing 0,300 MGD r astev ater treat rne t facility footfall 001) consisting of a.75, i°GI'D contact stabilization wastewater atment Pl t to treat the domestic wastewater generated onsite industrial t wat r at nt facility n is in of two (2) gallon tanks for the batch treating of wastewater withude drying beds located at Honielite Manufacturing Plant, NCSR1: , near Gastonia, Gaston County (See Part 1l1' of this Permit), and 2 Discharge from said treatment works at the location specified on the attached hed p into an unnamed tributary to Croders Creek which is classified Class C eaters in the Catawba River asin. Flow BOD, 5-Day, 20"C NH3 as N Total Suspended Residue Dissolved Oxygen2 Fecal Coliform Oil and Grease Total Residual Chlorine Temperature Conductivity Total Nitrogen (NO2 +NO3 + TKN)3 Total Phosphorus3 Chronic Toxicity4 (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0005231 During the period beginning on the effective date of the permit and lasting until monthly average flow exceeds 0.090 MGD5 or expiration, the Permittee is authorized to discharge from out fall(s) serial number 001. Such discharges shall he limited and monitored by the permittee as specified below: Disciharge Lunimilkas MontnIremeJ1J Lbsiday U n it s (Specify) Measurement „Mille _ SAITIPIP Mn, .Avg, Dilly 'Wax,. MQp. A vg, pally Mx. fmke_ncy ,TSPR_ 10.011.9.1711 0.100 MGD Continuous Recording I or E 25.0 mg./I 37.5 mg/I Daily Composite E 6.0 mg/I Daily Composite E 30.0 mg/I 45.0 mg/I Daily Composite .E Daily Grab E,U.D 200 /100 mi 400 /100 mi Daily Grab E,U,D 30.0 mg/ t 60.0 mg/I Weekly Grab E 2/Week Grab E Daily Grab E,U,D 1 Grab U,D Monthly Composite E Monthly Composite E Quarterly Composite E I Sample locations: E Effluent,' - Influent, U - Upstream 25 feet above discharge, D - Downstream at NCSR 2412. All stream samples shall be grab samples. Upstream and downstream monitoring shall be conducted three times per week during June, July. August and September and once per week during the remaining months of the year. 2 The daily average dissolved oxygen .effluent concentration shall not be less than 5.0 mg/1. 3 See Part III, Condition H. 4 Chronic Toxicity, (Ceriodaphnia) P/F @ 39c7o; January, April, July and Octobersee Part III, Condition E. 5 See Part Itt, Condition. G. The pH shall not he less than 6.0 standard units nor greater than 9.0 standard units and shall be conducted daily at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (I). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC000523 During the period beginning on the effective date of the permit and lasting until monthly average flow exceeds 0.090 MGD- or expiration, the Perinutee authorized to discharge from out fall serial number 001. (Continued) l/tont chpracteristil Cadmium Chromium Cyanide Lead Nickel Zinc Copper Discharge Limitations A),Si.slay Units LSI:m.0y) Avg „ Daily Max, Mon, Avg., PiEly Max, MonitorIn ReASITtent Etegmenvy_ Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Type Composite Composite Grab Composite Composite Composite Composite lrement$ .15,0511P 1.Peation A. {2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC OC I)5231 During the period beginning once the monthly average flow exceeds 0.090 MGD5 and lasting until expiration, the Pernlittee is auth to discharge from out fall(*') serial number 001. Such discharges shall be limited and monitored ley the permittee as specified below: Effluent �harati1erti Flow BOD, 5-Day, 2t0°C NH3 as N Total Suspended Residue Dissolved ©xygen2 Fecal Colitorm Oil and Grease Total Residual Chlorine Temperature Conductivity Total Nitrogen (NO2 + N©3+ TKN)3 Total Phosphorus3 Chronic Toxicity4 DIsQharge_l tm talivns Monitori _bsl_o Iy Vnif5._. (9Aecify) MQa_suremeni i, ..... m re Mon. Avg, I/ally Mn M►5i1.__ Avg., idly Max Frequency Life— S?! t1 UQn1 0.200 MGD Continuous Recording l or E 20.0 mg/I 30.0 mg/1 Daily Composite E 5.0 mgfl Daily Composite E 30.0 mg/1 45.0 mg/I Daily Composite E Daily Grab E,U,D 200 /100 rnl 400 /100 ml Daily Grab E,U,D 30.0 mg/1 60.0 mgfl Weekly Grab E 2/Week Grab E Daily Grab E,U,D 1 Grab U,D Monthly Composite E Monthly Composite E Quarterly Composite E l Sample locations: E - Effluent, l - Influent, U - Upstream 25 feet above discharge, D - Down »tream at. NCSR 2412. All stream samples shall be grab samples. Upstream and downstream monitoring shall be conducted three times per week during June, July, August and September and once per week during the remaining months of the year. 2 The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. 3 See Part III, Condition H.. 4 Chronic Toxicity, (Ceriodaphnia) P/F @ 56%; January, April, July and October see Part. III, Condition F. 5 See Part III, Condition G. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be conducted daily at the e There shall be no discharge of floating solids or visible foam in other than trace amounts. y grab sample, JE T t MITATIONS N< AND ft NIT RIN REQUIREMENTS Ff f Darin the period beg irtnin once the r o thly average flow :xcceds 0,090 C) and ifrai serial number 001, ed) Cadmium Chromium Cyanide Lead Nickel Zinc Copper Discharge Littlitttras Avg, ii V cxpi Permit ent Fre.q py Quarter Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly PeNo NC t rare, ng R __ ., 1 Type Composite Composite Grab Composite Composite Composite Composite Pr, comply withh Fi Ef schedule: comply with Final Effluent Limitations by eff Pennitt s « 1 at all tin existing facilities at opt No late the per tt s ll submit e •r a requ° identifieddates, a written no the notice shall include the cause of noncompliance, probability of tiny the ne tile requirements. provide the op efficiency. a and int endar days folio a date idcnt t of pro i of comp' f fcr discharges in acco Live date of the ance necessary to to the in above sch ule of compliance, in the case of specific actions in or nonce pli In the latter case, any remedial actions taken, and the Part II Page 1of14 PART II STANDARD CONDITIONS FOR NPDES PERMITS ECTION A. DEFINITIONS Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. aic Used herein means the North Carolina Environmental Management Commission. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and /or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurvment 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 rnonth 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 1 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 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. 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 shallbe 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. Ca1cu1gion of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation arid 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.0 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 faits to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A11 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 Il violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. Part II Page 5 of 14 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. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part 11, 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 anti 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. Property Rightg The issuance of this permit does rot 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 cireurnstances, and the remainder of this permit, shall not be affected thereby. S. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee _must apply for and obtain a new permit. Part II Page 6 of 14 10. Expiration of Permit The permittee is not authorized, to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. 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. F'or 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: (l) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named. individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my .inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. permit Modification, Revocation and Reissuanc . 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. 1. Certified Operakor 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, Ill, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. 'roper Operation and Maintn The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part II Page 8 of 14 3. Need to It 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. kypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part 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 Substance* Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part II Page 10 of 14 SECTION, D. MONITORING ANI? 1 1. )presen % tiye Sampling CORDS 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 wastestrean, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. g Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required 'herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626.0535 Flow Me4urerpnent$ 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 by pump g pump pecified in condenser coolingwater flow which is monitored um to or um hour meters as s Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal. Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of4 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 permi 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 individuals) 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 tames any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean . Water Act, any substances or parameters at any location. Part II Page 12 of 14 5ECTI©N E. EP R 1. Change in iharge E 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 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 CT'R 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 [22.42 (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. Anticipated No The permittee shy facility or activity 4. Transfers pliant ive advance ich may resu ce to the Director of any planned changes noncompliance with permit require rents. 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 pernvttee and incorporate such other requirements as may be necessary under the Clean Water Act. S. Monitoring Reportg taring results shall be repo in als specified elsewhere in this permit. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part Il. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part 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 measure arithmetic mean unless otherwise specified by the Director in the permit. utilize an PartII Page 13 o 14 6,. 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 perrnittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the perrnittee 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. Other. Noncpmphartec The perrnittee shall report all instances of noncompliance not reported under Part Il. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shell contain the information listed in. Part II. E. 6. of this permit. Other Infgrtrttiott 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 ° adequate wastewater treatment such as mechanical or electrica compressors, etc. er the facility incapable of lures of pumps, aerators, Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Part ll Page 14 0l 14 Persons reporting such occurrences by telephone shall also file a written report in letter firm within 5 days following first knowledge of the occurrence. 10. Availability of, Reports Except for data determined to be confidential under NCGS 143-215.33(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 111 OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substanue§ The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/I) 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 Continual y gvaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the, Division. Part III Permit No. NC0005231 E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 39% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July and. October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road. Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chernica 1physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit. suitable test results will constitute noncompliance with monitoring requirements. F. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 56% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all t.rea processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North. Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. G. The effluent limits for 0.20 MGD shall become effective once the monthly average discharge flow exceeds 0.09 MGD (90% of 0.10 MGD) for any calendar year. HF NUTRIENTS It has been determined by the Division of Water Quality through intensive water quality studies that discharges upstream of Lake Wylie, including this discharge, need to control nutrients through the application of the best available technology (BAT) that is economically achievable. The permittee shall provide the Division with a study which fully investigates the feasibility of meeting a monthly average TP limit of 1.0 mg/I, and a summertime TN limit of 6 mg/1, If it is determined to be beyond reasonable BAT to reach such concentrations of nutrients, the Division will apply BAT limits based on the results of this study and the performance of other similar plants, The nutrient study should be completed by November 1, 1999, and submitted to the following address: North Carolina Division of Water Quality Water Quality Section /Technical Support Branch P.O. Box 29535 Raleigh, NC 27626-0535 1. POTW Connection This discharge has been targeted for removal from the Crowders Creek drainage basin through connection to the City of Gastonia Crowders Creek Wastewater Treatment Facilities. Upon the demonstration f co rnp i ce with NPDES Permit NC0074268 by the + r vders Creek Wastewater Treatment Facility to the satisfaction of the Director of Water Quality and the availability of a sewer connection to the Crowders Creek system as the most environmentally sound alternative of the reasonably cost-effective alternatives this discharge shall be eliminated within one hundred eighty (180) days of notification by the Division, PART I' ANNU ADMINISTERING AND COMPLIANCE 1() ITC 13 QUIRE SITS A: The perminee rnnst pay the annual administering and compliance monitoting fee within 30 (thirty) days after being billed by the Division, Failure to pay the fee in a timely manner in accordance with i 5A i ' AC 2H .t 105(b)( may cause this Division't initiate action to revoke e the permit, PERMIT NO.: NC0005231 PERM1TTEE NAME: FACILITY NAME: Facility Stanis:/ Existin NPDES WASTE LOAD ALLOCATION Homehte Division of Textron, Inc. Hornelite Division of Textron, Inc. Permit Status: Major Pipe No.: 001 Renewal Minor Design Capacity: MGD Domestic (% of Flow): :Industrial (% of Flow): Comments: Facility is no longer a categorical (40 CFR 433) metal finisher - latest staff report was incorrect. Effluent guidelines. nkng.agp.Faci1iiy may resume metal finishing in the next 3 to 5 years. RECEIVING STREAM: an unnamed tributary to Crowders Creek Class: C Sub -Basin: 03-08-37 Reference USGS Quad: G 4N (please attach) County: Gaston Regional Office: Mooresville Regional Office Previous Exp. Date: 4/30/93 Treatrnent Plant Class: Classification changes within three miles: None Requested by: Prepared by:,. Reviewed' 25 Greg Nizich Date: 12/27/93 Date: 7//'? Date: Modeler Date Rec. / Drainage Area (.2rni ) /, 5 7Q10 (cfs) („1..2t' Winter 7Q 0 Toxicity Limits: IWC % Instream Monitoring: Parameters Upstream Location Downstream Location ,2 1-1 Avg. Strearnflow (cfs): 30Q2 (cfs) Acute/Chronic 1 cc" 1.1,6.rk t Wasteflow (MGD): BOD5 (rng/1): TSS (mg/I): Dissolved Oxygen (mg/1): pH (SU): TSS (mg/1); 30 Fecal Coliform (/100m1): 200 Cadmium (p.g/1): Chromium (jag/1)-, Copper (m8/1): Nickel (p.g/1): Lead (pg/1): Zinc (mg/1): Cyanide (14/1): Silver (me): triarlilDr TrO (mg/1): Oil & Grease (mg/I): 30 60 Residual Chlorine (14/1): monitor Temperature monitor Total Phosphorus (mg(1): 0.5' Total Nitrogen (mg/I): 4 (S) , 8 (W)* Per Lake Wylie Management Plan, facility will have five year time frame to comply with these limits. 0 Daily Max WQ or EL Comments: Monthly Average 0.300 16 4 5 6-9 monitor monitor 6-9 2 50 88 25 4 2.13 WQ WQ WQ WQ WQ WQ WQ WQ WQ WQ EL Facility Name: NPDES No.: Type of Waste: Facility Status: Permit Status: Receiving Stream: Stream Classification: Subbasin: County: Regional Office: Requestor: Date of Request: Topo Quad: FACT' SHEET FOR WASTELOAD ALLOCATION Request # Homelite Division of Textron, Inc, NC0005231 OUTFALL 00 I Industrial. - 86% /Domestic 14% Existing Renewal with Modification UT Crowders Creek 030837 Gaston Mooresville .1,k Nizich 11/10/92 G1.4NW Stream Ch USGS # Date: Drainage Area (mi2)- Summer 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): 7704 J:7.. DETT. (""CE ENV RONMENT. TEE NATIERAL AP I', 3 1970, 014iSin I.SVNT3NMENTAT MA1:1[6E44THT h!NRISIILLE REGIONA1 GiME •teristic; 0214561200 8/14/91 1.3 0.24 1,5 66% Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Per MRO, Homelite should be issued two permits: one at the existing design capacity of 0.300 MGD and one at the permitted flow of 0.400 MGD. Homelite plans future expansion of the industrial process within the treatment system to achieve the 0.400 MGD. Results of the QUAL2E indicate that existing limits for conventional parameters will be renewed at both flows. Facility no longer a categorical (40 CFR 433) metal finisher and effluent guidelines for metals are no longer applicable. Per Lake Wylie Management Plan, Homelite will be given a five year time frame to meet TP limit of 0.5 rng/1 and TN limits of 4 mg/1 (summer) and 8 mg/1 (winter). Special Schedule Requirements and additional comments from Reviewers: Alps, Affec &al i-oor )5e./7- Aftar kuml6 777-e 7-6 Mitt,‹ 461t.:7;4( S On dirY,eA- voc.16r7 //../ 0"/ ?'" /A2Lit fure-,a_x 74'c k:,,c4=;4-ivsiP,•/ Recommended Regional Supervisor: Permits & Engineering: 7 A RETURN TO TECHNICAL SERVICES BY: sliout.c? Tit -AN*/ 4-3y AgA-1 Date: 4/12/94 Type of Toxicity Test: Existing Limit: Recommended Limit: Monitoring Schedule: Existing _Li, ts TOXICS/METALS/CONVENTIONAL. PARAMETERS CHRONIC CERIODAPHNIA QRTRLY 99r 66% MAR JUN SEP DEC Monthly Avg.. Waste(low (MGD): 0.400 BOD5 (nrg(1): 16 TSS (mg/1): 4 Dissolved Oxygen (mg/I): 5 pH (SU): 6-9 TSS (mg/I); 31. Fecal. Coliform (/ 100m1): 1000 Cadmium (lbs/day): Chromium (lbs/day): Copper (lbs/day): 0.95 Nickel (lbs/day): Lead (lbs/day): Zinc Ohs/day): 0.68 Cyanide (ibsWday): Silver (µg/1): 0.11 TTO Ohs/day): Oil & Grease (tbs/tlay): 10.6 Residual Chlorine (go ): monitor Temperature (DC) monitor Total Phosphorus (mg/1): monitor Total Nitrogen (mg/I): monitor Recommended. Limits Daily Max. 60 0.007 0.17 1.6 0.17 0.083 1.2 0.017 0.2 0,98 23.9 Monthly Average Daily Max. WQ or EL Wasteflow (MGD): 0.300 BOD5 (mg/I): 16 WQ TSS (mg/1): 4 WQ Dissolved Oxygen (mg/1): 5 WQ pH (SU): 6-9 6-9 WQ TSS (mg(1); 30 Fecal Coliform (/100m1): 200 WQ Cadmium (AM): 2 WQ Chromium (.g/1): 50 WQ Copper (mg/1): monitor Nickel (14/1): 88 WQ Lead (4g/1): 25 WQ Zinc (mg/1): monitor Cyanide (µg;'): 4 WQ Silver (mg/1): monitor TFO(mg/1): 2.13 EL Oil & Grease (rrlg):: 30 60 Residual. Chlorine (.ig/1): monitor Temperature (DC) monitor Total Phosphorus (mg/1): 0.5* Total Nitrogen (mg/1): 4 (S) , 8 (W)* * Per Lake Wylie Management Plan, facility will have five year time fratrre to comply with these Changes Due To:. Other (onsite toxicity study, interaction, etc.) Parameteifs) Affected Cd,Cr,Ni,Pb,Cn,-Effluent Guidelines no longer applicable. Limits based on previous 7Q10 flow =? for protection of UT from toxic interaction of metals. X_ Parameter(s) 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. OR No parameters are water quality limited, but this discharge may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: 25 ft. above discharge Downstream Location: @ SR 2412 bridge Parameters: Temperature, DO, Fecal Coliform, Conductivity Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CO -I ITI'IONS Apwcy of Existing Treatment Has the facility demonstrated the ability to tweet the proposed new limits with existing treattrtent facilities? Yes No If no, which parameters cannot be met? Would a "phasing in" of the new lints be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Facility Name Homelne Textron Permit # NC0005231 Pipe # 00.1 CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay. procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is (defined as treatment two in the North Carolina procedure document). The permit holder shall. perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of JAN APR JUL OCT Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permitcondition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP313.. Additionally, DEM Form AT-:1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical. measurements performed in association withthe toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthlymonitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will. revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 envimnrnentalcontrols, shall constitute an invalid test and will require immediate retesting(within. 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q1.0 0.24 cfs Permitted Flow 0.300 MGD IWC 66 Basin &, Sub -basin CTB37 Receiving Strearn. UT Crowders Creek., County Gaston Recommended by: Date 4/11/94 QCL P/F Version 9/91 NPDES WASTE LOAD ALLOCATION PERMIT NO.: NC0005231 PERIVIITTEE NAME: Homelite Division of Textron, Inc. FACILft Y NAME: Homelite Division of Textron, Inc. Facility Status: Existing Permit Status: Renewal Major Minor Pipe No.: 001 Design Capacity: 0.400 MGD Domestic (% of How): 14 % industrial (% of Flow): 86 % Comments: Facility is no longer a categorical (40 CFR 433) metal finisher - latest staff report was incorrect. Effluent guidelines no longer apply. Facility may rest tie metal finishin in the x 3 to 5 ears, RECEIVING STREAM: an unnamed tributary to Crowders Creek Class: C Sub -Basin: 03-08-37 Reference USGS Quad: G14NW County: Gaston Regional Office: Mooresville Regional Office Previous Exp. Date: (please attach) 4/30193 Treatment Plant Class: Classification changes within three miles: None Requested by: ,71, Prepared by:.. Reviewe4yX (, ) Gre Nizich Date:12/27/93 Date: Date: Date Rec. 71 iN1,(a) Drainage Area (rni2 / 7Q10 (cfs) 42It Winter 7Q10 7 Toxicity Limi-7ts: IWC / % Instream Monitoring.: Parameters Upstream Downstream 0111 i I it Avg. Streamflow (cfs): cfs Wasteflow (MGD); BOBS (mg/1): TSS (mg/1): Dissolved Oxygen (ingil): pH (SU): TSS (mg/1); Fecal Coliform (/100rill): Cadmium (nil): Chromium (R/1): Copper (mg/1): Nickel 4ig/1): Lead Org/1): Zinc (mg/1): Cyanide. (j4/1): Silver (mg/1): -no (mg/1): Oil & Grease (m Residual Chlorine (jig/1): Temperature (c3C) Total Phosphorus (mg/1): Total Nitrogen (mei): • Per Lake Wylie Management Plan Comments: ovation 30Q2 (cfs AcuteChronic Th r 440 L012-44e Art-c, fr Location i? Monthly Average 0.400 16 4 5 6-9 30 200 monitor monitor monitor Daily Max. 6-9 2 50 88 25 5 2.13 30 60 24 monitor 0.5* 4 (S): 8 (W)* A4 WQ or EL WQ WQ WQ WQ WQ WQ WQ WQ WQ WQ Facility Name: NPDES No.: Type of Waste: Facility Status: Permit. Status: Receiving Stream: Stream Classification: Subbasin: County: Regional. Office: Requestor: Date of Request: Topo Quad: FACT SHEET FOR WAS TELDAD ALLOCA Request # Homelite Division of Textron, Inc. NC0005231 OUTFALL 001. Industrial .. 86% / Domestic 14%© Existing Renewal with Modification. UT Crowders Creek C 030837 Gaston Mooresville-WK. Nizich 11/10/92 G 14NW ON 774 Stream Charac USGS # Date: Drainage Area (mi2): Summer 7Ql0 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): IWC (%): 994 021456i12W 8/ 14/9 1. 1.3 0.24 1.5 72%© Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Per MRO, Homelite should be issued two permits: one at the existing design capacity of 0.3 MGD and one at the permitted flow of 0.400 MGD. Homelite plans future expansion of the industrial process within the treatment system to achieve the 0.400 MGD. Results of the QUAL2E indicate that existing limits for conventional parameters will be renewed at both flows. Facility is no longer a categorical (40 CFR) metal finisher and effluent guidelines for metals are no longer applicable. Per Lake Wylie Management Plan, Homelite must meet TP limit of 0.5 mg/1 and TN limits of 4 mg/1 (summer) and 8 mg/1 (winter). Special Schedule Requirements and additional corn rents from Reviewers: Recommend Reviewed by Instream Assessment: Regional Supervisor: Permits & Engineering: RETURN TO TECHNICAL SERVICES BY: Type of Toxicity Existing Lirrait Recommen Monitoring Schedule: Existing Limits TOWS/METALS/CONVENTIONAL AR CHRONIC ER.1t DAAP A.. ORTRLY 72% MAR JUN SEP DEC Monthly Avg. T)iG Wasteflow M: 0,4 1 0D m /1 :: 16 TSS (): 4 Dissolved Oxygen ( ):5 pH (SU): 6-9 TSS (i Fecal l "lifo Cadmium Ohs/day): Chromium Ohs/day): Copper Ohs/day): Nickel ls`dy day): /day): Cy (Jb"dy: Si1v Oil °s (1 s Residual ir1 T rrrp r re ( ) Total Phosphorus TiT Nitrogen ( Recornmen 0,95 0.68 0.11 10.6 monitor monitor monitor monitor 0.007 1,17' 1.6 0.17 0.083 1,2 0,017 0.2 0.98 23.9 Mon tlrly Average WasteflowOD) 0.400 BOD (ir : 16; TSS ('j Dissolved y n Ors ): p11(Si): t-n TSS (nn 30 .• :Conform(/1 t : :1)' 2Ct:1 C«,+ ium • rrtitr Copper (rn Nickel Zinc ( Cyani Silver (r TTO (r Oil & Gr Residual Chlorine ( Tem Total P hosph ru s Total Nitrogen (rat Per Lgke Wylie Manage monitor monitor monitor 30 24 monitor 0,5* 4(): 6-9 25 5 2.1 WO or EL Lirnit Changes Due To: Other (onsite toxicity study, interaction, etc.) X_ :Parameti receiving water wi dischargers within Parameter(5) Affected. Cd,Cr, Ni, Pb, Cn, -Effluent guidelines no longer applicable. Limits based on previous 7Q10 flow For protection of UT from toxic interaction of metals. ater quality limited. For some parameters, the available load capacity of the immediate sumed. This may affect future water quality based effluent limitations for additional is portion of the watershed. OR No parameters are water quality limited, but this discharge .may affect future allocations. INSTREAM MONITORING REQUIREMENTS Upstream Location: 25 ft, above discharge Downstream Location: @ SR 2412 bridge Parameters: Temperature, DO, Fecal Coliform, Conductivity Special instream monitoring locations or monitoring frequencies: MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adeaua of Existitt T Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes X No If no, which parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Hornelite Textron Permit # NCt9t5231 CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: l.) The North Carolina Ceriodaphni4 chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised*September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality 72%© (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of _JAN APR JUL OCT . Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT- I (original) is to be sent to the following address: Attention: Environmental. Sciences Branch. North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sarnple must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management 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 environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days, of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 0.24 cfs Permitted Flow 0.400 MGD I`WC 72 %© Basin & Sub -basin CTB37_. Receiving Strearn UT Crowders Creek County Gaston Date 4/ Recommended by: QCL P/F Version 9191 4