NC0086207_Regional Office Historical File Pre 2018

*4Hiv.0,410'.
Mr. Jim Patterson
Childress Klein Properties
2810 First Union Center
Charlotte, NC 28202
December 11., 2001
Michael F, Easley
Governor
William G, Ross Jr„ Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph ,D„ Acting Director
NC DEPT, Cr .Pj.‘(?*%91"1 QualitY
A,Nr Eis Es
F cE.
DEC "I 3 2001
Subject: Rescission of NPDES Permit
Permit Number NC0086207
Childress Klein Properties/Three First Union Facility
Mecklenburg County
Dear Mr, Patterson:
Reference is made to the March 29, 2001 request for rescission of the subject NPDES
Permit (submitted on your behalf by Law Engineering) and other communication you have made
with this office regarding this matter, In .the letter, it was stated that flow from the subject
groundwater remediation facility had decreased to minimum volumes due to the effect of another
-pump and treat facility at an adjacent property, More recently.„ you have told our staff that these
circumstances had eliminated the need for groundwater removal at the site and that the treatment
system had been shut down. Because -wastewater is neither being treated nor discharged from
the site, continued permit coverage is not required. Therefore, in accordance with your request,
NPDES Permit NC0086207 is rescinded, effective immediately.
Please he advised that this permit rescission is based wholly upon your statement that the
activities which would require NPDES permit coverage at the site have ceased or been
eliminated,. Division staff has not visited the site to obtain independent verification. Operating a
treatment facility, discharging wastewater or discharging particular types of stormwater to waters
of the State without a valid NPDES permit will subject the responsible party to a civil penalty of
up to $25,000 per day. Enforcement action will he certain for persons that have voluntarily
relinquished permit coverage when, in fact, continuing permit coverage was necessary. If, in
retrospect, you feel the site still requires permitcoverage, you should notify this office
immediately.,
Rescission of this discharge pemiitdoes not absolve you of any other responsibilities you
may have with regard to any groundwater contamination that may still exist at the subject site.
Furthermore, if circumstances change in the future such that you will again have to remove, and
treat contaminated groundwater and discharge the effluent to the State's surface waters, you must
first apply for and receive a new NPDES permit,. As you know, this process can take a
significant amount of time. If future groundwater removal is a possibility for the site, it would
be wise to examine both discharge and non discharge options well before the need becomes
critical.
nc..M.NX
Customer Service
1 800 623-7748
Dv
n of Water Quality
9)7337015
1617 Mail Service Center
Raleigh, NC 27699-1617

If you have questions about this matter. please contact Bob Sledge at (1) 73 - ( 3,
can 547 or the Water ualit e staff in our Mooresville Regional Office at 7(}663-1699.
Sincere
County I epartn ent of En ironta
Regional Office - WQ Section rad
MRO — Groundwater Section
NPDES Unit
Operator Training and Certification
Point Source Compliance — Bob Sledge - lattachents
Mr. Roosevelt Childress, EPA
Central Files - wiattachments
Fran McPherson, DWQ Budget Oft c e
Thorpe„ Ph.D.
1 Prc tec
Lhnents
n

Ma
200
Mr. Dave Goodrich
Supervisor, NPDES Unit
North Carolina Department of Environment
and Natural Resources - Division of Water Qua
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Subject:
Request for Permit Closure
Childress Klein. CoJ3 First Union Treatment Fact
NPL)ES Permit #NC0086207
2810 First Union Center
301 South College Street
Charlotte, North Carolina
LAW Project 30100-7-2835
Goodrich:
(VIA ACSIMILE)
fter discussions e‘ ith the Mooresville Regional Office. Law Enginee ring and Environmental
Sew°ices. Inc. (LAW). on behalf of Childress Klein Propenisubmits this request to terminate
treatment of the around water at the subject site. Current treatment, sampling, and monitoring
reuirements are being perforrn.ed in conformance with NPDES Permit 'NC0086207.
treatment of the around water is based on two distinct issues:
Significant lowering of the concentration of the prima r constituent of concern to a
level approximately equal to the North Carolina Ground Water Standard; and
Decrease in ground water flow requiring treatment to a level approaching 0.1 gallons
per minute,
na anct nvifronmemal Services, inc.
. Suite 100 • Ohurr`Iotue. NC 28208
. F a 7 C,t 3., - t:; 838
C-lar?0..`learea 0,,•f.N 50

if David 0300d0ich,
Three,1 1030.1,1010m,:,R0q1es.010e .00m0 AL000,00000h
LAW Pi'o.jctA`o
larch 29, 2001
accumulated water from the loading dock area, Any tetrachloroethene present in the ground aher
would quickly volatize prior to impacting the ultimate receiving stream, Sugar Creek,.
Should you have any questions on this request or Would like to discuss this request in further detail,
do not hesitate to contact Mr. Bruce Roilhi. at [phone],
Sincerely,
LAW ENGINEERING AND INVIROWENTAL SERNICES,
Bruce D. Reilly, PE.
Senior Engineer
. aid Wallace, P.E.
Principal Engineer
cc Mr Jm Paturson.„ Childress Klein Properties
84r. Gary Smith, Childress Klein Properties
Mr. John Leslev, NCDENR

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
March 18, 1998
Mr, Geoff Tvers
Childress Klein Co.
2800 First Union Center
301 S. College Street
Charlotte, NC 28202
MAP
Subject: NPDES Permit Issuance
Permit No. NC0086207
401 S. Tryon Street
Mecklenburg County
Dear Mr. Tyers:
In accordance with the application for a discharge permit received on October 6, 1.997, the
Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement.
between North Carolina and the US Environmental Protection Agency dated December 6, 1983.
If Lead is not detected above laboratory quantitation levels during the first eight sampling
events. then Lead monitoring is no longer required and may be discontinued for the remainder of the
permit term.. At that time, please submit a letter to DENR requesting Lead 'monitoring be removed
and a S100 minor modification fee.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty,
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, Post Office Drawer 27'447, Raleigh, North Carolina 27611-7447. Unless
such demand is made, this decision shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division of
Water Quality°. Part II, E.4. addresses the requirements to be followed in case of change in
ownership or control of this discharge, The Division of Water Quality may require modification or
revocation and reissuance of the permit_.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or permits required by the Division of Land Resources,
the Coastal Area Management Act or any other Federal or Local governmental permit that may be
required. If you have any questions concerning this permit, please contact Mary Cabe at telephone
number [phone], extension 518.
Sincerely,
gitai Signed By
David k Goodrich
A. Preston Howard, Jr., P. E.
cc: Central Files
Mr, Roosevelt Childress / EPA
Point Source Compliance Enforcement Unit
Mooresville Regional Office/Water Quality. Section.
NPDES Unit
Mr. Michael D. Armour. P,G,
P.0, Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Per rtritNo, lCff 07
STATE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURA RESOURCES
DIVISION F WATER QUALITY
PERMIT
TO D SC A•GE VVASTEWATER UNDER THE
I ATI I APOLLUTANT DISCHARGE ELIMINATION 'A,TION ' TEI
Incompliance ith the provision ofNorth Carolina general Statute 1 13_ 15.1,
ether lawful standards and regulations promulgated and adapted by the North Carolina
Environmental ental Management Commission, and the Federal Water Pollution Control ,act as
amended,
Childress Klein Company
I s hereby tutheared to discharge >°astevvriter from a facilityR located at
Three First Union tenter
41 S."Tarn Street
Charlotte
Mecklenburg Cd rnty
to receiving °stars designated as a t rrr seer t Little Sugar Creek fre Cata ha Rive ea Basin
in accordance °ith effluent limitations, on o ng requ em nts, and oth r rnditic ns yet forth
Farts I, II. I1I, and IV hereof:
This permit shall become effective March 1, 1998.
This permit a¢ d autholization to discharge shall expire at midnight on August 31, 3001.
Signed this days March 1„ 1998.
galSigned By
did k Goodrich
A. Freston Ho d, Jr., I .E., Director
Division of Water Quality
By Authority of the En iromnental 1 fana ement Commission

is hereby authorized to:
Pemnt No. NC0086207
1PPLEN1ENT TO PERMIT COVER SHEET
Childress Klein Company
Construct and operate a remediation system for the treatment of petroleum and solvent
contarninated groundwater from a facility located at Three First Union Center, 401 S. Tryon
Street, Charlotte, Mecklenburg County (See Part of this Permit), and
Discharge from said treatment works at the location specified on the attached map into the
storm sewer which flows to Little Sugar Creek which is classified C waters in the Catawba
River Basin.

ROAD CLASSCATION
Latitude
aPt G15NE
Class
Discharge Codes
RecddngStream
Deily
: r w
eP anwn
,P E1
Longitude EE°5
Sub -basin
C
36
CONTOUR INTERVAL 10 FEET
Childress Klein Ca.
Three First Unon Cener
N C 0085207
%enbur Co

serial number 001. Such discharges s
EFFLUENTCHARACTERISTICS
I3
n
Chloroform.
1,2-Dichloroethane
Iron
l .ea.d2.
A. jENT LIMITATIONS AND MONITORING RE(
;NTS FINAL
During the period beginning upon the c ffcctivc f nit and lasting ur
I1 be limited and monitored by the Peru
Monthly
Average
0.029 MGC)
TS
Weekly
Average
expiration,. the Permit
tee as specified below:
Daily
Maximum
Litho.
Permit. No. NC0086207
discharge from out
MONITORING REQUIREMENTS
easurement
Frequency
Sample
Type
ple
ions
Indstarataaraecu<
Monthly
Monthly
st.nmate
Grab
Grab
Months Grab
Month - Grab
Monthly
Grab
E
angla.ncsc
yl fe t-Butyl Ether
Oil and Greas
achlor
ne
`Total Suspended Solids
c
Notes:
ne
Toxic
Sample locations: E - Effluent, 1 - Influent.
2 If 1-,cad is not detected above laboratory quantitation levels during the
may be discontinued for the remainder of the pern1 t term. (At that tir
The grab sample for oil and grease should he skit ed from th
8.8.E
30.fl rmg/:
rst eight samplin
please stibnait a
in a qt.
Mot
hly
tvtontnry
M€anthly
2/Month
irab
Grab
Monthly Grab
Monthly 'Grab
ualterly Grab
vents, then l cad monitoring is rasa longer required and
ter to DENR requesting 'Lead monitoring he removed.)
scent ,one, such as a holding tank, if possible.
`t Chronic Toxicity (Ceriodaphnia) P/F at 90%, performed during the months of March, June, September and December
See the Supplement. to Effluent. Limitations and Monitoring Requirements - Special Conditions page.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit No, NC0086207
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
B. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 199.5, or subsequent
versions.
The effluent concentration at which there may be no observable inhibition of reproduction or significant
mortality is 90.0% (defined as treatment two in the procedure document.). The permit holder shall perform
quarterly monitoring using this procedure to establish compliance with the perrnit condition. The tests will be
performed during the months of March, June, September and December. Effluent sampling for this
testing shall be performed at the. NPDES permitted final effluent- discharge below all treatment processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
-Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B,
Additionally, DWQ Form AT-1 (original.) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water
4401 Reedv Creek Road
Raleigh, North Carolina 27607
Test data shall be complete and accurate and include all supporting chernical/physical measurements performed
in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge offlow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test forni indicating
the facility name, permit number, pipe number, county, and the .month/year of the report with the: notation of
No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences
Branch at the address cited above,
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring
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 the permittee fail to monitor during a month in which toxicity monitoring is required, 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 minimurn control
organism survival, minimum control organism reproduction, and appropriate environmental controls, shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day
of the month following the month of the initial monitoring.
QCL P/F Version 9/96

hedule of Compliance
tt shall comply asxith °i tal Effluent Li nations specified for discharges in accordance
with the following schedule:
Pe ittee shall comply with Final Efluent Lisnitatlons by the effective date of the permit unless
specspecified belocw,
Perrnittee shall at all t
provide the operation acid maintenance nece to operate the
existing facilities at optimum efficiency,
No later than 14 calendar days felng a date identified ira the above schedule of compliance,
the permittee shall submit either a report of progress or, an the case t f specific actions being
required by identified dates. a 4a£ratten notice of compliance or noncompliance. In the latter case„
the notice shall include the cause of noncornplaance, any remedial actions taken, and th
probability of meeting the next schedule requirements.

Part
Page
of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SEcTI©N A. DEFINITIQNS
1. Permit Issuing Authority.
The Director of the Division of Water Quality.
2, DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and. Natural Res 'aurces.
EMC
Used herein means the North. Carolina Environmental Management Commission,
4, Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
5. Masss'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 1 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 1 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 iderotified as "Daily
Maximums" 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 1 of the permit.

Part
Page 2 of 4
6 Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacter , is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is identified as "Monthly Average" under ''Other Limits" in Part 1 of the permit.
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 (arithrnetic 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 Limitsin
Part I of the perrnit.
c. The "maximum daily concentration" is the concentrationoi a pollutant discharge durmg 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 coliforrn 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 arnount of
dissolved oxygen required to be available in the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Quarterly Average Limitation'' in the text of Part I ot 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„
g.

Part II
Page 3 of 14
7. Other Measurements
a. Flow, (v1GD): The flow lirnit 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 rneasure of flow taken at the time of sampling, when
both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement'' is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8, Types of Samples
a Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow,
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days, However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period Get time not
exceeding 15 minutes; the grab sample can be taken manually, Grab samples must be
representative of the discharge or the receiving waters,
9, Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of thc indivdual
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
(ft
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 Pay
A calendar day is defined as the period from midnight of one day untilmidnight 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) of the Clean Water Act.
SECTION B. GENERkL CQNDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal application..
a. The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards or prohibitions or standards for sewage sludge
use or disposal, even if the permit has not yet been modified to incorporate the requirement.
The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a
permit condition may be assessed an administrative penalty not to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. (Ref: Section 309 of the Federal Act 33
U.S.C, 1319 and 40 CFR 122,41 fall
Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any, person who violates or fails to act in accordance Oith the terms,
conditions, or requirements of a permit [Ref: North Carolina General Statutes § 143-215.6Al
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 1 violations are not to exceed $10,000 per violation, with
the maximum amount of any Class 1 penalty assessed not to exceed $25„000. Penalties for Class
11 violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $125,000,

Part II
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing°` (Part 11, C-4) and "Power Failures" ('art 11,
C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities,
liabilities, or penalties for noncompliance pursuant to NCGS 143-215,3, 143-215,6 or Section 309 of
the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages,.
such as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and j-jazardc us 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 143-2155.75 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 Rights
The issuance of this permit does not convey any property rights in either real or personal property,
or any exclusive privileges, nor does it. authorize any injury to private property or any invasion of
personal rights, nor any infringement of Federal, State or local laws or regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Sever bility
The provisions of this permit are severable, and if any provision of this permit; or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances., and the remainder of this permit, shall not be affected thereby.
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 perr
this permi
fishes to continue an activity regulated by this permitafter the expiration date of
rrnittee must apply for and obtain a neo permit.

Pan 11.
Page 601 14
10. Expiration ofPerrnt
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer, For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions or the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 25 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized representative of
that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company, (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit issuing Authority,
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 Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al,
14. Previous Perrnit
All previous National Pollutant Discharge Elimination System Permits issued to this tacility,
whether for operation or discharge, are hereby revoked by issuance of this permit, IThe exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. J The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility..
SECTION C OPERATION AND MAINTENANCE OF rontrTioN CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such
operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission, The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty clays after the wastewater treatment
facilities are 50% complete.
ProperFroperOperanonand Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or sirnilar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.

Part 11
Pace 8 of. 14
Need HaLQsRiicsD n
It shall not be a defense for a permittee in an enforcement act on that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
Bypa ssi nZ_Qf TrmL F
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,
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 lossof 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 durin'g 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 consdering 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. Defi 'tion.
"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 carelessor 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 perrnittee 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 o an upset has
the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal 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.
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
ON D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority,
Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR I, 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 'Boy: 29535
Raleigh, North Carolina 27626-0535
Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurernents 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 -r 10%
from the true discharge rates throughout the range of expected discharge volumes. Once -through
condenser cooing water flow which is 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.
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 11
Page 11 of 14
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 rctatcd to the permittee's
sewage sludge use an.d disposal activities, which .shatl be retained for a period of at least five
years (or longer as required by 40 CFR 503), thy pe.rmittee shall retain records of all monitoring,
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit„
for a period. of at least 3 years from the date of the sample,. measurement,report or application.
This period may be extended by request of the Director at any time,
7, Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the perrnittee
shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f . The results of such analyses.
8. Inspection and Entry
The perrnittee shall allow the Director, or an authorized represent e including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times, any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location,

Part
Page
2 of4
SECTION E. REPORTING REQUIRE 1 lENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit..
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122,29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity u1
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 4{) CFR Part 122.42 t� )
c. The alteration or addition results in a significant change in the permtttee's sludge use or
disposal practices, and such alternation, addition or change may justify the application. of
permit conditions that are different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This per is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act.
Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ll. 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 per tee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4, of this permit or in the case of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.

Part ll
Page 13 of 14
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the perrrnt
(2) Any upset which exceeds any effluent limitationthe permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under paragraph
b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II, E. 5 and 6, of
this permit at the time monitoring reports are submitted. The reports. shall contain the information
listed in Part II. E. 6. of this permit.
8, Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
9. Nonc ance No ion
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.
Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to such
station or facility.

Part I1
Page 14 f 14
Person reporting such ococcurrences by telephone shalla ten rep'art in fo within
5 days following first knowledge of the occurrence
10. Availability of Reports
Except for data determined to be confidential under NCGS 4 1 Gag ill) or Section 308 of the
Federal Act, 33 USC 11, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Illiteision of Water Quality, As required by the Act, effluent
data shall not be considered confidential. Knoivin ly making any false statement on any such
reportrimy result in the iinposition of criminal penalties as provided for in 14-15.1fbiil or
in Section 309 of the Federal Act:
Penalties for Falsification cif Reports
The Clean Water Act provides that any person who know ly 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 nment for not more than two years per violation, or by both

PART III
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of 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 Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a.That any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels";
(I) One hundred micrograms per liter (100 ug/l);
(2)Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred
micrograms per liter (50 ug/l) for 2.4-dinitrophenol and for 2-methy14.6-dinitrophenol; and
one milligram per liter (1 mg/l) 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";
(I) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten (10) times the maximum concentration .value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternativesto Wastewater Dischargel.
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
ANNUAL ADMIN1STE 'G AND COMPLIANCE MONITORING FEE
REQUIREMENTS
A. The permittee must pay the annual administering and compliance moniterMig fee
within 30 (thirty) days after being billed by the 'Division. Failure to paie the fee in a
timely manner in accordance tAiith 15A NCAC 21-1 .0105(b)(4) may cause tMs Division to
initiate action to revoke the permit.