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HomeMy WebLinkAboutNC0080349_Regional Office Historical File Pre 2018\ c DEPT. OF NATURAL' RESOtTRCES AND cONISI LIN ITY DEVELOPMENT State of North Carolina DIV cin Department of Environment, Health and Natural Resou Division of Environmental Management 512 North Salisbury Street' Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary Jake C. Helder P 0 Drawer 99 Monroe, NC 28110 October 28, 1992 01.,",:'T 2 9 1992 \,iiNMP-411 ,",t1q\IENT E iiECIJNAL OFFICE A. Preston Howard, Jr., P. E. Acting Director Subject: Permit No. NC0080349 Sixmile Creek WWTP Union County Dear Mr. Helder: In accordance with your application for discharge permit received on March 26, 1991, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any pans, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Charles Lowe at telephone number 919/733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr. cc: Mr. Jim Patrick, EPA Mresvil1e Regional Office Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0080349 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT ,pt. c nr►ara or NATuRALL RESOURCES AND PERMIT txMMU fly Evr:LOPm:ENT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION_SYSTEM DJWI5SI,?I F E IC[IRESVIL1L OCT 2 9 1992 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, Sixmile Creek Basin Associates, Inc. is hereby authorized to discharge wastewater from a facility located at Sixmile Creek WWTP off of NCSR 3632 west of Monroe Union County to receiving waters designated as Sixmile Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth Parts I, II, and III hereof. This permit shall become effective December 1, 1992 This permit and the authorization to discharge shall expire at midnight on October 31, 1996 Signed this day October 28, 1992 Original Signed Ry Coleen H. Suiiins A. Preston Howard, Jr., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission Perm it No. N 80349 SUPPLE tNT TO PE 1 OVER Sixmile in Ass fates, Inc. h by authori to: Enter into a con ct for cons coon of a wastewater a ent facility and c et into Si receivut* g an Authorization to Construct from the Division of Environmental agement, construct and opte a 0.50 MGD wastewater treatment facility located at Six r le Creek WINTP, off of NCSR 3632, west of ors , Union County (See Part HI of this Permit), and Discharge said treatment Works at the location speciBed on the attached ntap into Six is Cr which is classified class C waters in the Catawba River Basin. Sixmile Creek Basin Associates, Inc. Sixmile Creek WWTP NC0080349 G-15-SE Discharge Point: Latitude: 35°00'17" Longitude: 80°50'15" / 4 15 50' 1000 UTNA GRiD AND MO MAGNETiC NORTH DECLiNATeON AT CENTER OF SHEET RevSoons shown in purple and woodland compiled from 5 A TA wila 4653 iv 'YE SCALE 1 24 000 1000 ?COO 0 0 4000 CONTOUR INTERVAL 10 FEET NATIONAL GEODETIC vERTICAL DATUM OF 1929 SOX 7000 rEET I AJLOHETEP THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY, RESTON, VIRGINIA 22092 aerial photographs taken 1976 and other source data A rill rIFP TIFC,1"Rinmn TIHNIC.RAPHIC ILAAPC ANTI CVLAIrAno IAllAAt nt..1 Drril IrCY A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) Permit No. NC0080349 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:. uent Characteristic Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen" Fecal Coliform (geometric mean) 200.0 /100 ml Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity * Sample locations: E - Effluent, I - Influent, U - Upstream Highway 126. Disc Monthly Avg 0.50 MED 5.0 mg/I 30.0 mg/I 1.0 mg/I ** The daily average dissolved oxygen effluent concen Ion: kly Av Dal y x 7.5 mg/I 45.0 mg/I 400.0 /100 mi 17.0 µg/I Monitoring Measurement Frequency Continuous 2/Month 2/Month 2/Month Weekly 2/Month Daily Weekly Quarterly Quarterly Weekly Requ I r ►rtitents Semple Tvae Recording Composite Composite Composite Grab Grab Grab Grab Composite Composite Grab I or E E E E. E, U, D E,U,D E E, U, D E E U, D harge, D - Downstream approximately 4 miles at South Carolina tion shall not be less than 6.0 mg/1 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. n at the effluent by grab A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1 - March 31) Pe it No. NC0080349 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: uent Characteristic. Flow BOD, 5 day, 20°C Total Suspended Residue NH3 as N Dissolved Oxygen" Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Total Nitrogen (NO2 + NO3 + TKN) Total Phosphorus Conductivity Discharge lalrI Monthly ,.. Avg 0.50 MSD 1©.© mg/I 30.0 mg/I 1.8 mg/I 200.0 /100 ml Gkly Avg. Monitoring Requirements Measurement Sample *Sample �ilv _Max Freau$ncv Type Location Continuous Recording I or E 15.0 mg/I 2/Month Composite E 45.0 mg/I 2/Month Composite E 2/Month Composite E Weekly Grab E, U, D 400.0 /100 mi 2/Month Grab E,U,D 17.0 µg/I Daily Grab E Weekly Grab E, U, D Quarterly Composite E Quarterly Composite E Weekly Grab U, D * Sample locations: E - Effluent,1- Influent, U - Upstream 100 feet from discharge, D - Downstream approximately 4 miles at South Carolina Highway 126. ** The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored )month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. hd] e phance; comply the folio Pennitt shall comply with P' permit unless below. 2. Pe e. uent ' $ i titans s , i for discharges in kuent "t nations by the o to of e ae on and n Y- ast No later than14 calendar s follownng ato i the above schedule of compliance, the permittee shall submit el ,era port of pray ss or, in the c a f s, the actions being requ" by identified dates, a written notice co compliance or nand mot' In the latter case, the notice shall include the cause of noncompliance, any remedial . : s taken, and the probability of meeting the next schedule . ` eras. Part II Page 1 of 14 PART 11 STANDARD CONDITIONS FOR NPDES PERMITS ECTI0N A. DEFINITIONS 1. Permit Issuing Authoritx The Director of the Division of Environmental Management. . DEly) or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North '.artallna Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day IMXeasuremen, 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 reporters. 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. Part1I Page 2 of 14 d. The "average annual discharge" is deed as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal caliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliforin bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Units" in Part 1 of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sari 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 Units" in Part I of the permit. c, The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Units" 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. 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 L Part II Page 3 of 14 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 Pan I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurement a. Flow, (MGD): The flow limit expressed in tltis 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 tune of sarpling, 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 treatrnent 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. 9. Calculation of Mea1U 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. Part Il Page 4 of 14 b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar D y A calendar day is defined as the period from tniditight 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 3+7(a(1) of the Clean Act. 5ECTIUN B. GENEML S 1. Duty to Comply The perrnittee 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 4,05(d) of the Clean Water Act. within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Part Ii Page 5 of 14 c. Under state law, a daily civil penalty of not more than ten thousand dollars ( 10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6 (a)] 2. Duty t~o l�rlitite The permittee shall take all .reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelih' _ a health or the environment. of adversely affecting human adLATO Criminal i .iab`lity Except as provided in permit conditions on "Bypassing" (Part II, C.4.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Funherrnore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or nalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. severability The provisions of this permit are severable, and if any provision of this permit; or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 6 of 14 8. Duty to Provide InformEiop The permitter shall furnish to the Permit Issuing Authority, within a nable 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 deternune 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 t Reapply If the permittee wishes to continue an activity regulated by this permit after' the expiration. date of this permit, the permit -tee must apply for and obtain a new peerrni' 10. Expiration of Permit The permitter 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 discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. All applications, reports, ofr information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (l) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other informal requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (i) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of Part II Page 7 of 14 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 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: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and believe, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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. p�rrnit I� +,.Revocation and The issuance of this permit does not prohibit the pcissuing 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 permit The exclusive authority to operate this facility arises under this operate the facility under previously issued permits bearing effective. The conditions, requirements, terms, and provisions of discharge under the National Pollutant Discharge Elimination Sys from this facility. FCJ1ON C OPEMTIONANND A IBIS OF POLL ON 1. Certified Operator Pursuant to Chapter 90A-44 . of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. authority to s no longer rrnit authorizing. govern discharges Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which arc 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 permitter only when the operation is necessary to achieve compliance with the conditions of the permit. . Need IQ Halt or Reduce not a Defense It shall not be a defense for a perrnittee in an enforcement action that it would have necessary to halt or reduce the permitted activity in order to maintain compliance wi condition of this permit. 4. Bypassing of Treatment . Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permitter 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 pertaittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (I) Bypass is prohibited and the Pennit 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;. Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. I/AMU 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 (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part 11, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part 11, B. 1 of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of trcanrient or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 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 disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MGNITOJINc AND RECORD 1. Rs prescntative$ampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. ReporPng 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 forrns approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting, period. The first DMR is due on the last day of the month following the issuance of the permit or in. the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part II Page 11 of 14 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 1O% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for TamperinZ 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. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitor n 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. Part 1:1 Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, 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 permi b. Have access to and copy, at reasonable dines, 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 pararneters at any location. Change in Discharge AU discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). • ticipated Noncompli. 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. This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part II Page 13of14 5. Monitoring Reports Monitoring results shall be repotted at the intervals specified elsewhere in this per rr it. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (Sec Part 'II. D. 2, of this permit). 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, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the pennittee 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. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit (C) 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 Noncorr pliance The permittee shall report l tnstances of noncompliance not reported under Part II, E. 5 and 6. of this permit at the tirne monitoring reports are submitted. The reports shall contain the information listed in Part fl. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any releva application, or submitted incorrect information in a permit application or Director, it shall promptly submit such facts or information. etsma ny repo 0 Part II Page 14 of 14 9. Noncompliance Notification The perrittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availab' "ty of,ReporT Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement in NCGS l 3 2 5; (b)(2) or Section 309 of the Federal Act. penalties as provided 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false sttnternent, 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. nsrrtielion to the 's treatment No construction of wastewater treatmes acilities or additions utilized at the treatment planto a shall be begun until Final capacity or to change the type of groves Plans and Specifications have been submitted to the Divisione has been o Environmental Management and written approval and Authorization to The P ermittee shall, upon written notice from the Director of tDi visionterof of Environmental anal Management, conduct groundwater monitoring as may required of this NPDES permitted facility with the current groundwater standards. h The per believe: a. That any activity has occurred or will occur which ch snot limited in thld result in the eischar permiteon a if that routine or frequent basis, of any toxic pollutant discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (1(3O ug/1); (2) Two hundred micrograms per liter (200 ugJl) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ugli) for r litc2 . mini for antimony; and for 2-methy1-4:6-dinitrophenol; and one milligram p+e (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will ato�curwhich which is notresult limiiein d inischtheapcmiioc ifnon-routine or infrequent basis, of pollti 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 mgll) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant iri the perrriil application. shall notify the Pe Issuing A ority as soon as it knows or has reason to Part11 Pe t No. NC0080349 . ENG E 1;G ALTERNA DES AN YSISTt't. N The pe shall continuously evaluate all wastewater disposal to at ves and pursue the most environmentally and alternative the r rt-+�nalaly cost effective terraatives. If the facility is in substantial non-compliance with the to s and conditions the " E "t or governing rules, regulations or laws, the pe `ttee shall submit a report i . such fo a and detail as required by the Division evaluating these alternatives and a plan of action within sixty days of oti cation by the Division. TT 0 A. e i n ubeing t y the annualas . to and compliancemonitoring fee within 30 ) afterDivision,Failureto pay the fee in a timely er erdance with 5A NCAC .O1O5(b) 4 cause this Divisionto initiate action to revoke the P„ER MI17 NO.: NC00803/19 PE RMITTEE NAME: NPDES WASTE :1„0,, Six ',Mile Creek Basin Associates, Facility Status: Proposed PemTit S rain S: Major Pipe No.: 001 Minor Design Capacity: D o.500 Aic,e Domestic (% of Flow): 100 % Industrial (% of Flow): Comments: RECEIVING STREAM: Six Mile Creek Class: C Six IA \ uk) ( ncrr. Of NATURAL RUSOURCEs T"Ty, COMMUNITY URTNNITUTIT - tu, INTIM OF MaDRUAIE REA3NAL OfilgE Sub -Basin: 03-08-38 Reference USGS Quad: G 15 SE (please attach) County: Union Regional Office: Mooresville Regional Office Previous Exp. Date: 00/00/00 Treatment Plant Class: Classification changes within three miles: Requested by: Angela Y. Griffin Date: 5/23/91 Prepared by: V,-;:-(.c Date: Reviewed by 'Ln1V r raL&» 1 Date: s (A) .0 Pfr/ 7 ,LOCA 101 Modeler Drainage Area a sec. kr2-14,C, Avg. Streamflow (cfs): 7Q10 (cfs) c.i•0 Wiier 7Q10'(cis) Toxicity INVC lnstream Monitoring: Parameters Upstream Downstreann Y Location 4Q. ,CA4/3/-"1-;-, .f-i- 0:7 0Q2 (cfs) ? Acute/Chronic Etfluent Characteristics BOD5 (mg/1) NH -N (mg/1) D.O. TSS (mg/1) F. Co ( ml) pH (SU) Comments: Location Summer )7 /41-c 64. 1.? Winter )7 ° 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 Six Mile Creek NC0080349 Domestic - 1.00% Proposed New Six Mile Creek. 030838 Union MRO Griffin 5/24/9 I Gl5SE Request # 6266 Strom Chara USES # Date: Drainage Area (mi2): Surnrner 7Q10 (cfs): Winter 7Q10 (cfs): Average Flow (cfs): 30Q2 (cfs): .IWC (%): 0214685850 May 1987 21.4 0.0 0.4 21 0.8 100 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Recommend. summer limits of 5/1/6 and winter limits of 10/1.8/6. Also recommend that a time limit be set on requesting the ATC and constructing the WWTP or rescind the pemiit, per the MR.0 staff report recommendation,**M„RO should determine the amount of time facility will have to request ATC** Special Schedule Requirements and additional comments from Reviewers: _LI k 1^, i gib A J 1..et-1AL C=G7 itt.,L, A 776 C JI / '1e4 (-07 ? CtL.race T J ,61L-L Recommended by; ( Reviewed by Instream Assessment: Regional Supervisor: /, Permits & Engineering: RETURN TO IECIINICAL„ Date: 11/13/91 /1/21,/,/ CONVENTIONAL PAI Recommended Limits: Wasteflow (MGD): BOD5 (mg/1): NH3N (mg/I): D© (mg/1): 6 6 TSS (mg/1): 30 30 Fecal Col. (/100 ml): 200 200 pH (SU): 6-9 6-9 Residual Chlorine (µg/1): 17 17 Oil & Grease (mg/1): TP (mg/1):. TN (rng/l): Monthly Average Summer Winter 1.0 1,0 5 10 1 1.8 WQorEL WQ WQ WQ WQ WQ, WQ WQ WQ XParameter(s) are water quality limited. For some parameters, the available load capacity 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. MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Special Insmictions or Conditions f Facility should request ATC within the time period recommended by the MRO and begin construction o? plant or have the permit rescinded. Wasteload sent to EPA? (Major) N (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments.